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00:00:00Welcome to Study IQ. My name is Amitvariti Kilur. I think Lakshmikanth was also inspired
00:00:11by Barbie. Like I saw the movie Barbie yesterday and this is basically the consequences of
00:00:17exactly that. Also, not even that, I actually went complete Barbie. Even my water bottle
00:00:22is basically pink today. This year, Lakshmikanth actually brought a new edition which by now
00:00:27we know is basically called as the Lakshmikanth 7th edition and this is the series that we
00:00:32will complete the book of Lakshmikanth 7th edition through this series. Right now, we have chapter
00:00:38number 4 which is called as the Salient Features of the Constitution. We will discuss this.
00:00:44Now, for the people who are actually here for the first time, I want to tell them just in
00:00:49case, only for the benefit of them, that this book, The Indian Polity by M. Lakshmikanth,
00:00:55a quite popular book for the UPSC students. This is basically the 7th edition launched.
00:01:00Now, there are some changes. We have discussed the changes in the past lectures. Not that we
00:01:05need to do it every day. Some 12 chapters have been added. Some 12 chapters have been added.
00:01:08Last year's prelims and main question papers and answers have been added. There are no
00:01:13very fundamental differences. Again, this is quality. These are not the current affairs
00:01:18which you can change every year. Quality is very slow. Some minor changes are very slow.
00:01:23And quality is more or less a static subject. So, you don't need to take this book particularly
00:01:28as well. If you want, then you can do this series. Today, we have reached chapter number
00:01:324. I will show you. We started with the historical background, the making of the constitution,
00:01:37the concept of the constitution. Now, this is the chapter number 3 of the Lakshmikanth 7th
00:01:41edition, which is a new edition. We did this yesterday. Today, we will do the Salient Features
00:01:46of the Constitution. This is also given in the past, and rather, in the book of Politi,
00:01:50the Salient Features of the Constitution. What do you actually understand by the Salient Features?
00:01:59Any idea, guys? Salient Features of the Union Constitution. Imagine, do you have a car?
00:02:06If you have a car, define that car to me. Like, try to sell it to me. If you don't have
00:02:11a car, you don't have to sell it to me. So, you will tell me about the top speed. Does
00:02:18it have AC? Auto AC? Is it leather seats? Something like that. You will actually try to explain
00:02:29about that car through the telling me the features, the salient features of that car. It also goes
00:02:34something like about yourself. Tell me about yourself. If I ask you for a resume, if you
00:02:41are going to take a job and you are about to share your resume. If you ask in the interview,
00:02:44tell me about yourself. So, what do you tell about yourself? Something which is salient,
00:02:50something that you can notice when you see and notice, or you have done something which
00:02:55you feel are basically important enough to discuss. When we talk about the salient features
00:03:00of the Indian Constitution, this is what we are going to tell you about. Basically,
00:03:04if you are going to talk about the Constitution, let's say that you are going to talk about
00:03:07the U.S. or the French or the Japanese, then you want to tell the individual about the
00:03:12Constitution in the minimum number of the words. Well, at that time, you are going to mention
00:03:17the salient features of the Indian Constitution. That our government is federal with unitary bias.
00:03:23Our government is integrated judiciary. Our government is a parliamentary government.
00:03:34Our government is a fundamental rights. Our government is a directive principles of the
00:03:38state policies or fundamental duties. Basically, before we start learning the Constitution, we
00:03:44actually have to have a summary of what it is. That chapter is called as the salient features
00:03:52of the Indian Constitution. It belongs to each and every Constitution.
00:03:57It belongs to each and every Constitution.ả
00:04:19and I guarantee you, let me 100% guarantee you that if you have this series, no competitive
00:04:35exam, any political questions, this will be approximately 100 video series, 100 video
00:04:44and it will take us 2 months to complete this, so if you will do these classes consistently,
00:05:01well I assure you and I guarantee you, your quality would actually be permanently covered.
00:05:04And in case if you have any other question, you can actually ask me on this Instagram handle.
00:05:10Let's talk about the Indian Constitution and it fascinates me, it inspires me to talk
00:05:20about the Indian Constitution and this is why this chapter is literally one of my favourite
00:05:24one. The reason being, because it introduces the Indian Constitution to you.
00:05:28If you have ever heard about the Indian Constitution and you want to know what is that, what is
00:05:34this Indian Constitution, well this is the chapter which is the shortest explanation, the most
00:05:38pithy, with brevity, which we can tell about the nature of the Indian Constitution.
00:05:42Now Indian Constitution is unique in our content and basically spirit.
00:05:46Our constitution was built in 1950. We understood the process, how it was made.
00:05:53In 1946 there was a constituent assembly and then there were two hundred ninety-nine people
00:05:58after freedom, after independence they started working on it. The process, we all did that.
00:06:03But in 1950, when it became our constitution, we took ideas from different constitution.
00:06:10For example, fundamental rights. We have a part of our constitution in which there are
00:06:15fundamental rights that every citizen has certain rights that are protected.
00:06:21So this concept that we have rights in the Constitution. This comes from the United States.
00:06:31Similarly, the fundamental duties. In our constitution, there are some duties, some
00:06:36of the rules, which should be our citizens. Now this concept was primarily saliently used by
00:06:43the USSR. So we took that idea from there. So in our constitution, there are different parts
00:06:48we kind of borrowed it from different, different constitution. But in that way,
00:06:55our constitution is different from the other constitution. Now, just theoretically speaking,
00:07:01our original constitution was built in 1950. So the first date when our constitution is
00:07:09completely ready is 26 November 1949. That is the date of the enactment and the adoption
00:07:17of the Indian constitution.
00:07:20After 26 January 1950, there was no change in it. And in 26 January 1950, it begins
00:07:27as in the commencement. That means that our country's territory is
00:07:31physical territory of the India. 26 January 1950, it is on the basis of the constitution.
00:07:36And since that day, since that first republic day of 1950, there has been more than 105 amendments.
00:07:44The constitution can actually be amended. Something like, again, not a very perfect analogy.
00:07:50Actually, Lakshmikanth is a good analogy. Lakshmikanth's sixth edition
00:07:55There's no new 12 chapters. So now, add the new edition. The constitution can also amend itself.
00:08:02We can add the new constitution. We can delete the new constitution.
00:08:07We can delete the new things. The 42nd amendment, rather, it becomes so important.
00:08:11The scope is so much that there is an amendment. There is an amendment.
00:08:15It was 105 now and there is one 42nd.
00:08:18In 1976, a Sanchodhan was made in the samindhan.
00:08:22It was so comprehensive that it was called a mini constitution.
00:08:26It brought so many changes into the constitution. It was so much impact that it was called a mini constitution.
00:08:32The 42nd constitution, 1976. We will study this because it is actually very important.
00:08:39In the case of Keshav Nand Bharatiya, Supreme Court ruled that parliament cannot enable to alter the basic structure of the constitution.
00:08:46It is just an out of blue.
00:08:47We will discuss this concept later.
00:08:49Because Lakshmikanth is completely out of turn.
00:08:53So, we will quit it for a while.
00:08:55First of all, let's talk about the salient features of the Indian constitution.
00:08:58Number one being, when you will see at the constitution, the constitution would be very big.
00:09:04Like bulky. As in bulky, you will be like, oh my god, this is heavy.
00:09:09So, there are all the constitutions, if you keep in front of yourself,
00:09:12all the world, all the countries, all the constitutions.
00:09:15You will see that the size of the size, that's ours.
00:09:20India's constitution is the lengthiest written constitution.
00:09:25This is a huge problem.
00:09:27I think we did yesterday,
00:09:29what is the unwritten constitution in the written constitution?
00:09:33So, the unwritten constitution is in the three countries.
00:09:36The United Kingdom, New Zealand and Israel.
00:09:39Again, unwritten doesn't mean that the verbal things are written.
00:09:44All of those are written, but it's just not a single document.
00:09:48Okay.
00:09:49So, when we measure the length of a constitution,
00:09:52simply, directly in words, count,
00:09:54I'll give you an example.
00:09:55One, two, three, four, five.
00:09:57So, the title of this slide is 5 letters.
00:09:591, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17.
00:10:05So, we will calculate the total number of words.
00:10:09Then, I will put the number of words in the other slide.
00:10:11So, the lengthiest slide will be the lengthiest.
00:10:14That is the calculation,
00:10:15that our constitution is lengthiest.
00:10:17It means that our constitution is the most important words
00:10:20when it comes to the countries.
00:10:22It means that in the country,
00:10:23we don't have a lot of people.
00:10:24The constitution is classified into written,
00:10:25such as American, Indian constitution,
00:10:27and unwritten, such as British constitution, New Zealand constitution.
00:10:31It is very comprehensive, very detailed, very elaborate.
00:10:37Obviously, we took our time.
00:10:40Now, there is a very simple explanation which can tell.
00:10:43U.S. Constitution, which is the one of the oldest written constitution,
00:10:49that has approximately 4400 words.
00:10:52Okay.
00:10:53Hours, 1.4 lakhs.
00:10:58That is the difference between the size of the Indian and the U.S. Constitution.
00:11:02So, now you understand what we are saying.
00:11:04Originally, in 1945, when the constitution was created,
00:11:07there was a preamble in the constitution.
00:11:09There were 395 articles,
00:11:11and the articles were divided into 22 parts,
00:11:15and there were 8 schedules.
00:11:17I hope you understand.
00:11:18So, when the constitution begins,
00:11:20there was a preamble,
00:11:21which is kind of a vision statement.
00:11:24Like, you know, message.
00:11:25This is what the constitution intends to do.
00:11:27And then, constitution is part divided.
00:11:29So, this is part 1,
00:11:31which discusses about the union and its territories.
00:11:34Okay.
00:11:35Union and territory is discussed.
00:11:37And there are articles.
00:11:38So, there is some information in article 1,
00:11:40then article 2, 3, 4, and so on and on.
00:11:43Then, when the discussion of the union and territories is finished,
00:11:45then we start part 2.
00:11:49Now, it is discussed about citizenship.
00:11:52And then, in other words,
00:11:54like, 5, 6, 7, 8, 9, 10, 11, and so on.
00:11:57Then, part 3, then part 4.
00:11:59So, when the constitution was created,
00:12:01there were 22 parts.
00:12:03And the number of articles was 395.
00:12:07And the constitution is finished.
00:12:09When the constitution is finished,
00:12:10there is some additional information,
00:12:11which is called schedule.
00:12:12Right?
00:12:13Schedules are given.
00:12:14Some information is added.
00:12:15So, that are total 8 schedules.
00:12:17This was our beginning day.
00:12:19That happens on the 26th of November of 1949.
00:12:23But our constitution is amended.
00:12:25And we have amended it over the last 75 years.
00:12:28Today, if we look at our constitution,
00:12:31there are also 470 articles.
00:12:33And this is probably the previous data.
00:12:34I think it's 490 now.
00:12:36Divided into 25 parts,
00:12:38which were 22, they were 25 parts.
00:12:40And 12 schedules.
00:12:41Which were 8, they were 12 schedules.
00:12:42Meaning, the 9th, 10th, 11th, 12th,
00:12:44was added to amendments.
00:12:45In 1951, when our new parliament was created,
00:12:48then the constitution was added.
00:12:49Then, the constitution of parliament was created.
00:12:50Therefore, the constitution was created.
00:12:5120 articles deleted,
00:12:53then the part was added.
00:12:54Called the 9th,
00:12:57and about the 14th,
00:12:59which was added.
00:13:01Now these are the parts which were added.
00:13:02The extra added.
00:13:03One part deleted,
00:13:04but the 7th deleted.
00:13:06So, it was 22�.
00:13:07When it was 21,
00:13:08then it was 21,
00:13:09then it added 4th.
00:13:10Then it added 25.
00:13:11Make sense.
00:13:12Again,
00:13:13mathematics. No other constitution has so many articles and the schedules that we have
00:13:18obviously established. We are the longest written, lengthiest Indian sovereign nation
00:13:23constitution. Good question sir, why? Like US have a very short constitution and I think
00:13:29they are doing pretty fine. Like they seem to be a good democracy. Why did we have to
00:13:33write such a long constitution? Precisely. Now there were reasons. I will tell you the
00:13:36reasons. Geographical factors. The thing is that our country is when it comes to geography
00:13:42is phenomenally vast and has a massive, massive diversity. We are 3,000 kilometers east to
00:13:49west and we are 3,000 kilometers north to south. That is a very large geographical expense.
00:13:54So we needed to cover all of that geographical expense in our Indian constitution. So it actually
00:14:03became lengthy. Second, historical factors. Our constitution has actually been influenced
00:14:08by the Government of India Act of 1935. Rather, 60 percent of the Indian constitution has been
00:14:14taken from the Government of India Act of 1935. And that act was itself lengthy. So it ended
00:14:20up, it was an incidental thing. The precedence was very long. So we kind of were following
00:14:25exactly the same thing. Then, single constitution for both the center and the states. U.S.
00:14:30So because it's separate, it's not codified into a single constitution, so the problem is
00:14:46small. But India's, the states constitution or the union constitution, they both are same together.
00:14:53So it increased the bulk. And the dominance of the legal luminaries in the constituent assembly.
00:14:58So we did talk about the constituent assembly in the chapter number two, in the lecture number
00:15:02two of the series. The constituent assembly, which was 299 people, had lawyers. And let me tell
00:15:09you something about lawyers. They really like to use legal words. Like they will talk about one single
00:15:15sentence and they are going to write two paragraphs just to convey one message. Lawyers. That's how they
00:15:24make money. Because until and unless they cannot make it complex, we are not going to pay them.
00:15:30So they figured it out. He write such languages, write such sentences, which the person can't understand.
00:15:36So constitution make governance key fundamental principles. Administrative provisions
00:15:44bade saare se hain. And democratic countries generally, kabhi kabhi mention nahi kerti
00:15:49aapne constitution mein. Humne aapne constitution ke anndar wo bhi include kiya gaya hai. Constitution
00:15:53ke anndar hi basically wo detail include kar diya hai. Iski wajay se humara thoda sa lambba ho gaya.
00:15:572019 se phele, this is just an important information that you need to remember. State of Jammu
00:16:03and Kashmir ka khud constitution hoa kertaa tha. Now why are we telling? I have to tell you that
00:16:07U.S. mein joh states hooti hai, unka khud ka constitution hoota hai. India mein kisi state
00:16:11ka constitution nahi hai. Except state of Jammu and Kashmir before 2019 used to have its own
00:16:18constitution. Because it kind of had a special status by the virtue of the article number 370 of
00:16:24the constitution of India. So Jammu and Kashmir jab basically bharat mein aced kiya gaya tha.
00:16:29To humare constitution mein article number 370 add kiya gaya tha uske liye. Which kind of gave it
00:16:34a slightly special status. Okay. It was kind of an important place. It was a very strategical state.
00:16:39Toh isko eek important status diya gaya tha. And it was allowed to have its own constitution
00:16:45in till 2019. 2019 ke baare mein aapko patahe hooga ki 2019 mein ye special status jo tha isko
00:16:51abolish kar diya gaya by a presidential order which is called as the constitution order of the 2019.
00:16:56This order superseded the earlier order of the 1954 jis se wo special status mila tha.
00:17:01और 2019 ka jo order tha. Is order mein basically ye likhha hua hai ki bharat ka jo samhidhaan
00:17:07hai. Ab wo basically pura ka pura. Sare ke sare jo provisions hai wo Jammu and Kashmir ke
00:17:11oopar bhi extend ho jate hai. And uske baad government ne, sorry parliament ne eek naya law
00:17:17pass kiya. Which is called as the Jammu and Kashmir Reorganization Act of 2019.
00:17:21Jo Jammu and Kashmir state thi. Usko do bhaago mein bifurcate kar diya. Do union territories
00:17:26bana di. Two separate union territories. Union territory of Jammu and Kashmir and the union
00:17:31territory of Ladakh. You probably and I'm pretty sure about it you know about this because this is
00:17:39smart. This is this was amazing. People would not have been able to imagine it that this happened.
00:17:43Now Indian constitution has actually been drawn from various sources. Various sources per se it's
00:17:50something like it has been drawn from various sources. I'll give you an example. This is a British
00:18:01constitution hai. British constitution. So we follow parliamentary government. So this idea
00:18:07was initiated by Britishers. So we have that. The fundamental rights adding fundamental rights in
00:18:12the constitution. Now this idea was initiated by United States of America. DPSPs. Directive
00:18:19principles of the state policy. This idea was initiated by the Irish constitution. Concurrent list.
00:18:28This idea was actually given in the Australian constitution. So 1950 se pahle jitne bhi constitution
00:18:34exist karte tha. Un mein alag alag ideas tha. Jo ki hum ne basically pick kar liya. And more importantly
00:18:38jo sab se bada influence tha tha. That was the government of India act of 1935. Dr. B. R. Ambedkar
00:18:44who is also called as the father of the Indian constitution or architect of the Indian constitution
00:18:48says this. That Indian constitution has been framed after ransacking all the constitution of the world.
00:18:55As a phrase. Somebody can ask you ki rants ee kout kis ne diya tha. So B. R. Ambedkar says this.
00:19:01Seems like ki jitne bhi constitution ke us ka jo hume achha achha achha laga wo humne sab utha liya
00:19:07sidha shabda mein. And let's see what happens is that. Humare constitution ka major part and
00:19:13let's put a word to it. 55 percent to 60 percent of the Indian constitution has actually been derived
00:19:19from the Government of India act of 1935. Okay. Philosophical part jo hai constitution ka jayse ki fundamental
00:19:26rights that comes from the US constitution or DPSP that comes from the Irish constitution.
00:19:31So fundamental rights jo hai comes from the US se American constitution and the DP Directive
00:19:37Principles of the State Policy comes from the Irish constitution. Ye yad karna bilkul ikdam hand to end
00:19:41match the following kisi na kisi din UPSC poochhe ga. The political part government kaise hoti hai
00:19:47prime minister this cabinet government executive or legislature ka relation ye British constitution se
00:19:51aya hai. Logically because Britishers were ruling us for like last 200 years. So they created that system
00:19:58and it was familiar to us. It was convenient to continue that. So we ended up continuing that
00:20:04because that was the only thing which we knew from several decades previously. Other provisions of the
00:20:09constitution Canada, Australia, Germany, USSR, France, South Africa, Japan. So yeh slide
00:20:16mil jayegi all this information yeh apko ppt me de dun ga yeh pdhna hai bas kvura saa yaad karna hai isko ki kya kya
00:20:22kya karna hai. Madab koon se constitution se hamne koon koon si cheeje li hai hai. Important waali
00:20:28I have told you nevertheless. The most profound influence on the constitution has been from the
00:20:35Government of India Act of 1935. Pederal schemes, judiciary, governor, emergency powers, the public
00:20:42service commissions, most of the administrative details have actually been taken from 1935. Rather
00:20:48aadhe se zaadha sami dhan ke 395 article tha hai jab bana tha. Doso ke karibh joh provisions hai, a proxy
00:20:56wo ya toh identical hai, se matlab ki wapi paste. Usse meh computers invented nahi te, but control v
00:21:04or control c. Control c or control v karna ha mein phir bhi yaadhada. Or a bear, a close resemblance
00:21:10to the act of the 1935. Okay? Primarily.
00:21:14Okay? Blend of the rigidity and the flexibility. Now we did yesterday. What do you mean by rigidity
00:21:19and the flexibility? The rigidity means the one doesn't change. The flexibility means one which
00:21:24can easily change. Dada ji bohati rigid hai. Mai keh raho baik dila do. Dada ji kehetei scooter maanne
00:21:30ko hi taiaar nahi hai. Mammi thode se flexible hai, right? Mammi kisi baat ke liye bana kerti hai ki
00:21:35paarti ke liye nahi jana, but tum thode aansu aansu bahau toh thode dir mein shayad kuch na kuch
00:21:39na kuch kompromise nye ka liye hai. Thode a mani jaye. The rigidity and the flexibility, how much you can do it?
00:21:44Constitutions poore world me joh hootay hai, unko rigid ya flexible kiya jata hai. Eeg rigid
00:21:48constitution go hootay hai, jis me special procedure chahiye, amendment karne ka. Special or difficult.
00:21:54Madab, asan nahi hooga constitution ko difficult karna. Now, American constitution is one of
00:21:58those constitution which are rigid. Madab, you can't change it easily. Bhoat super level ka effort
00:22:05lagta hai, usko change karne me. Bhoat baat hum, kaise karta hai, dekho. Ah, pehle American
00:22:10constitution ko eger change karna hai, toh wahaan ka joh parliament hai, jisko congress
00:22:14kaethe hai, usmei bhi dho houses hai. Eek senate hai, eek house of representative hai. House of
00:22:17representative mtlb ki log sabha, senate mtlb ki raja sabha. In doonho ko bill pass karna
00:22:23padega two by third majority se. It's very difficult to get a two by third majority in
00:22:27both the houses. Pehle toh hi ho gaya. Ye karne ke baad, unki pachas states hain. Un pachas
00:22:32states mein se three by fourth ko, o bill ko ratify karna padega. Bantab ki pachas mein se
00:22:37kam se kam 34 states ko agree karna padega, us amendment se. Which is again more difficult.
00:22:43Then the third part, wo states kab ratify karay, kab na karay, iski koji limit nahi hai.
00:22:48Mtlb ki koji amendment US se ke parliament nne pass kar dhi. Toh ho sakta hai koji state
00:22:54aaglye sau saal tak usko ratify hi na karay. Or cahe toh sau saal ke baad bhi kar dhe.
00:22:58Ye bhi possible ho ta hai. Rather actually me kabhi kabhi ho ta bhi hai. I'll give you an example.
00:23:02United States of America nne 1860s ke karee, 1864 mein, eek amendment pass ki tii, jisko
00:23:10kaethe hai 13th amendment of the US constitution. Toh ismei kya tha ki slavery, joh hai,
00:23:15woh ban kar dhi gahi thi, United States of America gander, thik hai, 1864 mein.
00:23:20Ye joh amendment hai, ye basically jaldi se unki states nne pass toho kar dhi,
00:23:24but eek states abhi 1995 mein us amendment ko, junki 1864 mein pass hoi thi,
00:23:30usko 1995 mein ratify kiya, one of the states.
00:23:34So, that's how difficult the process is. So, flexible constitution ho ta hai,
00:23:40that can be mended in the same manner as the ordinary laws, jais se ki British constitution.
00:23:43British constitution ko change karna koji khas complex difficult nahi hai.
00:23:46Jais se normal law pass karte hai, usi prakaar se ho constitution ko amend kar sate hai,
00:23:49and they don't need to do much. It's not exactly a huge problem.
00:23:53Constitution of India, rigid bhi nahi hai, flexible bhi nahi hai.
00:23:56Now, like there are certain parts of the Indian constitution which are like difficult to change,
00:24:00and then there are certain parts of the Indian constitution which are like easy to change.
00:24:03It just depends on the what we are trying to do.
00:24:06Kuch provisions hai hai, joh ki special majority of parliament se change ho jate hai.
00:24:10Two third majority of the members will come to that.
00:24:13Special majority maitlab ki 100 agar loog hai,
00:24:16to us mein se two by third loog vote karei, usko pass karne ke liye.
00:24:19We'll guide you into the details.
00:24:21Kuch aise provisions hai hai, jis mein special majority of parliament chahiye,
00:24:25saath hi saath, joh humare raja hai, states hai, unki bhi ratification ki zhururat pardhti hai.
00:24:29Kam se kam half ki.
00:24:31Yaha pe bhi humare three by fourth ki nye lagti hai,
00:24:33jais se US mein, yaha pe bhi half hi hai,
00:24:35or bhi easy hai humara. USA se bhi easy hai, phir bhi.
00:24:37Madabha, humara joh sabse difficult hai,
00:24:39woh USA ke standard se bhi easy hai.
00:24:43Okay. At the same time, humare constitution ke kuch provisions hai,
00:24:47which can be abandoned by a simple majority.
00:24:49Yaani 100% loog ho mein se,
00:24:51sirfor say 51% loog bhi agar chahe hai,
00:24:54to usko basically change kar sakte hai, specifically.
00:24:56Will come to that, not a problem.
00:24:58We are doing the salient features,
00:25:00kyunki ye sari ki sari cheze hume pure detail mein completely pardhni hai.
00:25:03Okay.
00:25:04Dousra, so what have we done for now?
00:25:07So, sabse pehle hume pata chala hai,
00:25:08ki humara joh constitution hai,
00:25:10it is like the longest and the lengthiest written constitution.
00:25:12All right.
00:25:13Second, it is drawn from the various sources.
00:25:15Alag-alag sources se liya gaya hai,
00:25:17like American constitution, British, Canadian,
00:25:19Canadian, Australian, German,
00:25:21USSR, Japanese also, even Irish,
00:25:23even the Government of India Act of 1935.
00:25:25And then it is a blend of the rigidity and the flexibility.
00:25:29And now we are saying, ki humara joh constitution hai,
00:25:31woh basically federal system ka hai,
00:25:33aur unitary bias ke saath hai.
00:25:35Which again comes to these concepts,
00:25:37what are federal, what is unitary?
00:25:39Federal, eek aisi government hooti hai,
00:25:41jahaan peh do level hooti hai government ke,
00:25:43aur unke bich mein power distribute kar rakhki hooti hai.
00:25:45So there is national level of government,
00:25:47and then there is a state level of government,
00:25:48aur in dono ke bich mein power distribution diya hoa hai.
00:25:51Imagine, jis se defense hai,
00:25:53desh ka defense hai.
00:25:54So desh ka defense,
00:25:55yeh joh power hai, desh ko defense karne ki power.
00:25:57Yeh national government ke paas hai.
00:25:58Aur education, schools ko manage karna.
00:26:01Toh schools ko manage karna eek power hai,
00:26:03joh ki basically states ko dhe di.
00:26:04Similarly telecommunication,
00:26:06pure desh mein phone phone ka joh system hai.
00:26:08Railways, us ko hinder karegi national government.
00:26:10Let's say hospitals,
00:26:11toh hospitals ko manage karenge, states.
00:26:14Similarly communications ka kuch ho gaya,
00:26:17nuclear power, nuclear power,
00:26:19ya phir space research,
00:26:21is ko manage karaygi central government.
00:26:22Aur agar yaha pa jai agriculture,
00:26:24agriculture ko manage karaygi state government.
00:26:26So batab alag alag kaam de diye,
00:26:27doh level of government pe.
00:26:28This is called as the federal government.
00:26:30So humare desh mein federal system hai.
00:26:32So there is a central government,
00:26:33jis ke paas powers hai, kuch,
00:26:35and then there are state governments also,
00:26:36jinnke paas separate alag se power,
00:26:38aur yye distinction ki kar rakhi hai,
00:26:40humare constitution ne.
00:26:41So Indian constitution establishes
00:26:43a federal system of government,
00:26:45aur federation,
00:26:47national and the state.
00:26:52There is division of power.
00:26:54Bataa rakha hota ki koon sa kama koon koon karayga.
00:26:57State kya karaygi,
00:26:58aur national kya karaygi.
00:26:59Division of power.
00:27:00There is a written constitution.
00:27:01Generally federalism written constitution me hi succeed karayga.
00:27:04Kyunki you have to decide kis ko kya mila hai.
00:27:07Kis ke paas koon si power hai.
00:27:08That has to be written down.
00:27:09That happens in the written constitution.
00:27:11Supremacy of the constitution.
00:27:12Kyunki doh entity hai,
00:27:14central or state government.
00:27:17Toh zhururat padhti hai ki in doonho se upar koi ho.
00:27:19Which is the constitution.
00:27:21And the rigidity of the constitution.
00:27:23Jho bhi federal system ho ga,
00:27:25jab doh entity ke paas power distribute ho chukhi hai.
00:27:28Toh koji bhi nahi chahe ga ki meri power ko koji le le.
00:27:30Toh woh aisa system banayenge ki changes karna difficult ho.
00:27:33Toh humari constitution me.
00:27:35Jho bhi federal feature hai.
00:27:36Usko change karna thoda sa rigid hai.
00:27:38Yaya fit difficult ho ta hai.
00:27:40Independent judiciary.
00:27:41Yeh state government or central government ke bici me.
00:27:43Agar conflict ho jae.
00:27:44Toh how can we solve it.
00:27:45We will need an independent judiciary.
00:27:47And bicameralism.
00:27:48Bicameralism.
00:27:49Jani ki doh house ka ho na.
00:27:50Toh rajya sabha ya senate.
00:27:52Aisi jhanghe par ho na zhurur hi ho ta hai.
00:27:54Kyo ki states ke joh interest hai.
00:27:56Woh basically rakhne ke liye parliament ke saamne.
00:27:58They have to be given a new house.
00:28:00So yeh federal feature saare ka saare indian constitution me hai.
00:28:02But we are not absolutely federal.
00:28:05We kind of are unitary also in certain manner.
00:28:08Unitary ke bhi features hai humare constitution me.
00:28:11Jaisa ki humare paas single constitution hai.
00:28:14Federalism jo ho ta hai.
00:28:15Woh doh constitution rakhta hai.
00:28:16Toh US ka constitution bhi hai.
00:28:18Lekin states ka bhi constitution.
00:28:19But we don't follow that.
00:28:20Humare single constitution ke anndar hi federal feature diye gai hai.
00:28:23We have a strong center.
00:28:25Matlab ki humare national government for all practical purposes is more powerful than the state governments.
00:28:30They are equal in certain matters.
00:28:33But zarurat padhne par central government has more power.
00:28:36So strong center.
00:28:37Center jaadha power hai.
00:28:38It means unitary hai.
00:28:39Biasa.
00:28:40It's at the tilt.
00:28:41It's towards the unitary.
00:28:42Single citizenship.
00:28:44Again when you come to the federalism.
00:28:46The main best example is USA.
00:28:48USA mein doh citizenship hotte hai.
00:28:49So you can be a citizen of USA.
00:28:51And you will be a citizen of the New York also.
00:28:53You will be a citizen of Texas or Florida also.
00:28:55But in India you are not a citizen of Maharashtra.
00:28:58Aap Maharashtrian hai.
00:28:59Aap Haryanvi hai.
00:29:00Aap Punjabi hai.
00:29:01But aap ki citizen.
00:29:02You are just one Indian citizen.
00:29:03Single citizenship hotte hai.
00:29:04Flexibility of the constitution.
00:29:06Aasani se changes hoja jake hai.
00:29:08Toh desh ke indar joe unitary features hai constitution me.
00:29:10They are easily changeable.
00:29:12Integrated judiciary hooti hai.
00:29:13Hamaari judiciary district level se leke supreme court tak.
00:29:16Eek single file.
00:29:17Eek single hierarchy follow kerti hai.
00:29:19It's not separate.
00:29:20US ki constitution.
00:29:21US ki judiciary ho separate.
00:29:23US mein federal judiciary hai.
00:29:25Which is like kind of supreme court.
00:29:27Woh sirf sirf constitution ko interpret kerti hai.
00:29:30Aur joan ki state ki judiciary hooti hai.
00:29:32Woh basically sirf sirf state ke constitution ko.
00:29:34Woh national constitution ko interpret nahi kar sakti hai.
00:29:36Appointment of state governor by center.
00:29:38All India services and emergency provisions.
00:29:40These are something jo ki basically unitary usne pae jate hai.
00:29:43Moreover the more interesting thing.
00:29:44This word we are a federal polity.
00:29:46No doubt about it.
00:29:47But this word federation.
00:29:49It has not been used in the union constitution.
00:29:51The term federation has actually not been used in the constitution.
00:29:55Article 1.
00:29:56Hamaara aag constitution ko lho ke pehla article.
00:29:58The first literal first article.
00:30:00Describes India as the union of states.
00:30:03Not the federation of the states.
00:30:05Not the federal of the states.
00:30:07The union of the states.
00:30:09Ab jo ye word hai.
00:30:10This is a very conceptual word.
00:30:11The union or the federation.
00:30:13In dono me concept ke hai.
00:30:14The word federation means.
00:30:16Toh alag entity hai.
00:30:20They have come together to unite.
00:30:23The word federalism means.
00:30:25This is a USA ka gizem.
00:30:26Toh USA ko aap mal.
00:30:28See what is the name of USA.
00:30:29Speak it loudly and slowly in your mind.
00:30:32United States of America.
00:30:36America is the continent.
00:30:38United States.
00:30:40And hence it becomes the country.
00:30:43It means states ka existence country se pehle hai.
00:30:48Tabhi toh naam padeega united states of America.
00:30:52So states ka pehle hi political existence astitv exist karta hai.
00:30:57And hence.
00:30:58That means.
00:30:59Unnhon hai agreement karke ek country bana ya hai.
00:31:01Nation bana ya hai.
00:31:02Which is now called as the USA.
00:31:04That is what the main concept of federalism is.
00:31:06But the union.
00:31:07The word union ka matlab hota hai.
00:31:10Ki aisa koi pre existence nahi tha.
00:31:14States ka India se pehle.
00:31:15Indian federation is not the result of agreement.
00:31:19By the states.
00:31:20States nae koi agreement nahi ki hai.
00:31:22See this will be more clear.
00:31:24See this will be more clear.
00:31:25Agar maa aapko thodi si history bata du.
00:31:27USA ki.
00:31:28Ek second ki batata ho.
00:31:29Okay.
00:31:30Hulki si lightly si.
00:31:31How do we tell?
00:31:33Do you remember the map of the USA?
00:31:37USA ka map aisa hai kuch.
00:31:38Something like this.
00:31:39Okay.
00:31:40I hope so.
00:31:41This is the Pacific Ocean.
00:31:43And this is the Atlantic Ocean.
00:31:45Yaha peh Canada hai.
00:31:46Yaha Mexico hai.
00:31:48Okay.
00:31:49I hope we can make it out.
00:31:50So this is the East.
00:31:52And this is the West.
00:31:54Okay.
00:31:55Now approximately imagine 1770s.
00:31:581770s ne.
00:32:00And one of the reasons which I told you.
00:32:051773 Regulating Act laane ka reason ye tha.
00:32:08Ki joh East India company hai.
00:32:10It was going through losses.
00:32:11Or 1768 se.
00:32:13Unko joh woh annual royalty deethe thay.
00:32:16British government ko.
00:32:17Unko tea.
00:32:18Tea ka joh product.
00:32:19Tea ka joh karobar ho ta tha.
00:32:21Yoh joh trade ho ta tha.
00:32:22Uspeh bhoat saare losses ho rahe tha.
00:32:23The reason being.
00:32:24Tea yaha peh problem create kar raha tha.
00:32:26Badi saari US ke East Coast pe.
00:32:28US ka joh East Coast tha.
00:32:30Yoha peh 13 colonies thi.
00:32:31Thirteen colonies of Britain.
00:32:32Eek colony, doh colony, teen colony, chaat, paanch, chae.
00:32:33Thirteen colonies of Britain.
00:32:34What are?
00:32:35Thirteen colonies of Britain.
00:32:36Thirteen colonies of Britain.
00:32:37Thirteen colonies of Britain.
00:32:38Yeh joh thirteen colonies thii.
00:32:39They declared their independence from Britain in 1776.
00:32:41And they became United States of America.
00:32:56Toh jis din 1776 mein.
00:32:57USA ne independence li thi.
00:32:58Toh usmeen.
00:32:59Sirf os if east coast ki yeh tira colonies included thi.
00:33:01So they came together kind of an agreement.
00:33:02Ki let's be together and make a country.
00:33:03But yeh joh entity thii colony ki.
00:33:04Yeh pehle exist kalti thi.
00:33:05Before even the country came into existence.
00:33:06So.
00:33:07Yeh Indian federation.
00:33:08Ais a koji agreement nahi hua hai states ke an dar.
00:33:09Like maharashtra aur haryana aur gujarat ke biech mein koji agreement nahi hai.
00:33:11India banane ka.
00:33:12India pehle se exist kalti hai.
00:33:13Tabhi states ke paas secede karne ka.
00:33:14Federation se secede karne ka koji right nahi.
00:33:15So indian constitution ko.
00:33:16Matab decide karte hai.
00:33:17Federal form mein mein hai.
00:33:18But spirit me.
00:33:19It is a government.
00:33:20Let's be together and make a country.
00:33:21Let's be together and make a country.
00:33:22Let's be together and make a country.
00:33:23But yeh joh entity thi.
00:33:24Colony ki yeh pehle exist kalti thi.
00:33:25Before even the country came into existence.
00:33:26Before even the country came into existence.
00:33:27So.
00:33:28Tabhi states ke paas secede karne ka.
00:33:31Federation se secede karne ka.
00:33:32Koi right nahi.
00:33:33So indian constitution ko.
00:33:35Matab decide karte hai.
00:33:36Federal form mein hai.
00:33:37But spirit mein unitary hai.
00:33:39It's bargaining federalism.
00:33:41Okay.
00:33:42Synonym hai saare same chaise.
00:33:43Bargaining federalism.
00:33:44Dekhane mein toh federalism hai.
00:33:45But kai janghe peh unitary bhi hai.
00:33:47Granville Austin is ko kata hai.
00:33:49Federation with a centralizing tendencies.
00:33:52Okay.
00:33:53Perfect.
00:33:54Any ideas?
00:33:55Question a ra ho.
00:33:56And then we have the parliamentary form of government.
00:33:57I believe we know it.
00:33:59Again.
00:34:00It's basically the relative thing which we have to see.
00:34:05Democracies.
00:34:06The modern democracies.
00:34:07There are mainly two prakarki governments.
00:34:09Ech toh apne USA ki dekhlo.
00:34:10Or ech India ki dekhlo.
00:34:12USA mein presidential form of government hoti hai.
00:34:14Or India mein parliamentary form of government hoti hai.
00:34:18Now what these two things are different for president and the parliament.
00:34:25Government ke teen organ hoti hai hai.
00:34:27Okay.
00:34:28One is legislature.
00:34:29Another is executive.
00:34:31And another is judiciary.
00:34:32Thik hai.
00:34:33So legislature, executive or judiciary.
00:34:38The thing is that.
00:34:39The thing is that.
00:34:40Legislature wo hoti hai.
00:34:41Jo ki law banata hai.
00:34:42We live in a society.
00:34:43We live.
00:34:44We have to live with the law of the land.
00:34:45To law banayega koun.
00:34:46That is done by the legislature.
00:34:47Executive.
00:34:48The one who implements those laws.
00:34:50And judiciary one which interprets.
00:34:52Presidential is a system.
00:34:53Which interprets.
00:34:54Presidential is a system.
00:34:55Where these three and three are different.
00:34:57There is a difference.
00:34:58Judiciary and executive.
00:35:00And legislature.
00:35:01Complete watertight compartmentalization.
00:35:05He.
00:35:06Kehne ka kiya matlab wo hoti.
00:35:08Mei batata ho.
00:35:09Kehne ka matlab.
00:35:10Legislature.
00:35:11Ke liye word ho ka.
00:35:12Congress.
00:35:13Parliament.
00:35:14To USA.
00:35:15Legislature ko congress kehta hai hai.
00:35:16So USA ka joh parliament hai.
00:35:18Parliament.
00:35:19Iske do houses hai.
00:35:20A house of representative.
00:35:22Or a senate.
00:35:24House of representative.
00:35:25Or senate.
00:35:26In ko chuna jata hai.
00:35:27As usual.
00:35:28Obviously democracy.
00:35:29For making the laws.
00:35:30And this is their job.
00:35:31They are legislature.
00:35:32They are going to make laws.
00:35:33But then.
00:35:34Somebody by the name of the president.
00:35:35Is also chosen.
00:35:36Democratically.
00:35:37In the United States of America.
00:35:38Wo jo president hota hai.
00:35:39Wo president chuna jata hai.
00:35:40Or president phir apni kud ki executives chunta hai.
00:35:41Government.
00:35:42Ministers chunta hai.
00:35:43Government.
00:35:44Government.
00:35:45Government.
00:35:46Ke liye.
00:35:4724 se 25.
00:35:48Un ki cabinet ka part hai.
00:35:49President chunta hai apna cabinet.
00:35:50Okay.
00:35:51They choose.
00:35:52Now.
00:35:53These two things.
00:35:54Are separate.
00:35:55In United States of America.
00:35:56That is called as a presidential form of government.
00:35:58And now.
00:35:59We will come to the parliamentary.
00:36:00Parliamentary.
00:36:01We have to.
00:36:02Choose a body.
00:36:03Jo ki law bana saki.
00:36:04Toh humare desh mein chuna jata hai.
00:36:05Lok sabha ko.
00:36:06Aur rajya sabha ko.
00:36:07And this is called as the parliament.
00:36:08They make laws.
00:36:09that is called as a presidential form of government and now we'll come to the parliamentary
00:36:15parliamentary we have to choose a body which will make law and this is called as the parliament
00:36:25they make laws but here a catch is that when we have to choose the prime minister which
00:36:31is the government to prime minister in the logo so we choose 543 Lok Sabha members and we
00:36:41choose 245 Rajya Sabha members which has a majority of the party leader and then prime minister
00:36:52chooses his cabinet from these people who are legislature this is parliamentary form of
00:37:04government executive or legislature a little overlap here the president is not part of
00:37:11the parliament and his cabinet that is not part of parliament so executive can you also
00:37:18be synonymize government basically and this is prime minister or cabinet is basically
00:37:23government so doh shabd sansad or government sansad or sarkar parliament and the government
00:37:29parliament one who makes laws government who runs or implements the laws okay abh ye hota
00:37:36hai farak parliamentary or presidential now we know we are the parliamentary one ye jo relation
00:37:40hai legislature law banane wale ka aur law ko implement karne wale ka this is the main distinction between
00:37:46these two kind of these two kind of bodies humara parliamentary system of government hai jo ki
00:37:51britishers ka bhi hai we have opted it from there only rather than the american presidential
00:37:55system thik hai parliamentary system hota kya hai principle of cooperation and coordination
00:38:02between the legislative and the executive organ or presidential mein yeh dono ke dono separate
00:38:08hoote hai they are based on the doctrine of separation of power between the two organ
00:38:12dono me presidential or parliamentary me judiciary independent hai no overlap okay judiciary dono
00:38:18me independent hai but yaha pae sirf or sirf legislature or executive ki baat ho rhi
00:38:22hai and generally kabhi kabhi ap padhenghe joh humara system hai usko westminster system bhi
00:38:27kaha jaha jata hai westminster is liye kya ki wo britain ka joh parliament hai oh jis building
00:38:31me usko westminster kate hai so that is the only thing westminster model of the government
00:38:35kaha jata hai responsible government bc ko kate hai cabinet government bc ko kaha jata hai
00:38:42the world cabinet apko presidents presidential system me bhi milega but this is called as the
00:38:47cabinet cabinet form of government ah just too inspired by barbie i just saw it yesterday
00:38:55so i i i'm going i'm going pink everything is pink from here onwards
00:38:59parliamentary system ke kuch features pata doon dekho sab se pehle parliamentary government
00:39:12ke features presence of nominal and the real executive this is an interesting concept executive
00:39:19kohon hota hai the person joh ki basically kaam kar rahe responsible hai execute kar rahe
00:39:23johi saari shi joh ko hamarai dhesh mein dho executive hai ek toho hai president which
00:39:28is nominal matlab ki name ka naam ka executive ki unka naam lagega kisi bhi kaam pe government
00:39:34job bhi kuch kaam karegi toh president ka naam hoga and then there is real real matlab ki
00:39:39joh ki actually me is kaam ko karega that is the prime minister similarly the same thing
00:39:43happens at the state also chief minister is the real executive he is the one who will
00:39:47do everything but kis ka sign chalega last minute sign kis ka hoga governor governor is
00:39:51the nominal executive the majority party rule majority party bandha hamarai haan pe prime
00:39:56minister wahi bansakta hai jis ke paas log sabha me majority ho collective responsibility
00:40:00of executive to the legislature ah i'll explain this concept but short me bata
00:40:05toh ki agar ek individual ke against vote kar dhe poora ah joh government ka joh cabinet
00:40:13ka minister joh hai agar us ke against ek individual ke against bhi agar parliament vote
00:40:18kar djeta hai toh puri ki puri government hi resign kar djeti hai collective responsibility
00:40:22of executive toh jitne bhi ministers hai government ke jitne bhi ministers hai uski collective
00:40:28responsibility hai ki agar ek ke against vote hua parliament ke anndar toh sabko sabko
00:40:33resign karna padega aysa niya ki sifhi iski agenst vote toh sifhi he resign karega
00:40:37membership of the ministers in the legislature yeh wahi wali baat hai ki joh ministers hote
00:40:41hain woh parliament ka bhi part hote hain presidential meh asa nahi hota hai the leadership of prime
00:40:47minister or the chief minister the resolution of the lower house log sabha and assembly this
00:40:51is the feature of the presidential also okay abh yaha peh nominal or real executive ka
00:40:55mandak hai ki in u.s this thing is done by the president both he is the one who is the real
00:41:03executor aur wohi individual hai jiske sign bhi chal raha hai jiske naam se basically sign bhi
00:41:07hoongi toh he is the nominal executive and he is the real executive in the parliamentary is different
00:41:11aur us mein bhi fundamental kai share changes ho sakte hain jaisa ki indian parliament british
00:41:17parliament ki tareh sovereign nahi hain al kap dekho indian parliament is not a sovereign body
00:41:23like the british parliament what does that even mean i'll tell you this is very interesting okay
00:41:29but isse pahle dousra point dekhte hain indian state has an elected head humare haa peh president humare
00:41:35hain indian state ke head hain that means ki we are a republic republic ki definition hi hain
00:41:39republic kya hoata hai jaha peh head of the state elected ho okay lekin u uh uk mein aisa
00:41:43ni hoata british state has a hereditary head monarchy abhi abhi habhi humarehi queen ka dehaant
00:41:53ho gya pata hamari in the sense ki britain wali ho ghi aisa
00:42:03you get toh uska beta hi basically raja bernah diya gaya hereditary hai monark jo hai unka
00:42:09thik hai mandabh monark sari hereditary hoote hai that was oxymoron hain toh pehle wala
00:42:15point kerte the indian parliament is not a sovereign body like a british parliament what does it mean is that ki india mein constitution
00:42:21constitution supreme hain aur uske baad parliament aata hai interestingly united kingdom mein parlement supreme hain
00:42:27aur uske baad constitution aata hai mandat parliament is more powerful than the constitution and in india
00:42:31constitution is more powerful than the parliament so this is this is what it means the parliamentary
00:42:35system in india mein hoi ya britain mein hoi prime minister ka role bhot hi jyadda significant ho gaya
00:42:39rather loog kehthei ki prime ministerial system keh do toh jyadda bhetar raheega presidential ki
00:42:45there is a synthesis of the parliamentary sovereignty and the judicial supremacy again
00:42:49parliamentary sovereignty ka matlab jhaan peh parliament sabse super ho sabse important ho which is
00:42:53uk and judicial supremacy ka matlab jhaan peh judiciary jyadda important ho which is kind of a case
00:42:59in united states of america kyunki humare paas experience tha donoh ke donoh ka us or uk ka toh
00:43:05toh humara constitution aisa hai ki humne na donoh ko synthesis kar rakh hai
00:43:09element aapne domain mein sovereign hai uske ka kaam mein koji tang vang ni adai ga
00:43:13judiciary mein but judiciary aapne domain mein basically supreme hain uske bhi koji
00:43:17ek dousay se clash nahi karte hai rather we have a kind of a coalition co harmonious relation
00:43:25so scope of judicial review power of supreme court is narrower than of what exists in the u.s
00:43:31american constitution provides for the due process we will come to that ee koji khas important baat
00:43:35nai hai therefore framers preferred proper supreme court on the one hand can declare the parliament
00:43:39the parliament parliament on the other hand can amend the major question of the constitution to his
00:43:41constitution power yeah that is it integrated and independence judiciary no doubt about it indian
00:43:49constitution ne ek judicial system banaya hai jo ki integrated integrated ka matlab ki chote level se
00:43:55district court se leke high court se leke supreme court tek ek single hierarchy hai matlab ki integrated
00:44:01they are not separate the political part is separate the executive and the legislative part is separate
00:44:07the executive and the legislative part is separate national government is separate than the state government
00:44:11which is based on essentially than by medio northern government shan 조 jou hota wong vidhan sah
00:44:28alago sat log sabha vidhan sabha in conferences completely separate hain jay papay cha but judiciary mein ne
00:44:34they are separate, they work independently. Supreme Court stands at the top, no doubts
00:44:39about it, through the integrated judiciary. There are high courts and then at the state
00:44:44level there are subordinate courts like district court, district court, munsif court, a hierarchy
00:44:49of Supreme Court. So, there is a single system of courts which enforces all laws, which
00:44:56are state laws. In the USA the Supreme Court, the Supreme Court is only central laws, which
00:45:03enforce the state laws. So, in the federalism, they have also separated the judiciary. The
00:45:09judiciary is also federal. That is actually interesting, just to think about it. Supreme
00:45:14Court is a federal court, highest court of the appeal, the guarantor of the fundamental
00:45:19rights of the citizens and the guardian of the constitution. Look at the epithets given
00:45:24to the Supreme Court here. Supreme Court is the highest court of appeal, the guarantor
00:45:31of the fundamental rights of the citizens and the guardian of the Indian constitution.
00:45:36The question has actually been asked in the UPSC prelims, in 2016 or 2017, who is the guardian
00:45:42of the Indian constitution? The debate was between the Supreme Court and the president.
00:45:46Now, out and out, I don't know why people were confused, why the coaching institute was
00:45:50confused, but come on, everybody knows Supreme Court is the guardian of the Indian constitution.
00:45:54Like, who doesn't know it? Like, come on. So, in the constitution there are many provisions
00:46:00of the Indian constitution. The constitution has provided the fundamental rights for the Indian
00:46:01citizens. The constitution has provided the fundamental rights for the Indian citizens.
00:46:02Judiciary is important. Judiciary is important. Supreme Court is supremely, supremely important.
00:46:06Toh, uski independence maintain karne ke liye bade saray se wo hain security of tenor
00:46:09judges ki security rahti hai, fixed services milti hai, paise milti hai unko. Achha hai,
00:46:13achha hai, achha hai, achha. Achha, achha chha. Supreme Court ka judge sahih hai, badhi hai,
00:46:16badhi hai, sahih hai. Oh, fundamental rights. Indian constitution me, Maulik Adhikar diye gae hai,
00:46:20Nagari ko ko. Indian constitution has provided the fundamental rights for the Indian citizens.
00:46:30And there are six freedoms, the six fundamental rights that the Indian constitution provides.
00:46:35Right to equality. Me and you, we are basically equal in almost every aspect of life. Political,
00:46:44economic and the social. Not economic basically. Economic equality is entirely different. But
00:46:50politically and socially, we are equal. Politically and socially, we are equal. Then we have right
00:46:55to freedom. I, me, we all of us have a right to speech. We have right to travel. We have right
00:47:01against arrest. Right to education. We have freedom. Right against exploitation. Like technically,
00:47:08we shouldn't be exploited. We shouldn't be exploiting each other. I hope so. Right to freedom of religion.
00:47:13You can choose your religion any which way and propagate and profess if you want. No doubt about
00:47:18it. You have cultural and educational rights and then there are right to constitutional remedies. This is
00:47:23called as the philosophical part of the Indian constitution. Arguably most important part of the
00:47:28constitution. Invariably important from the UPSC perspective because they keep on asking
00:47:32questions from this part. So, we are going to do that. No doubts about it. So, constitution
00:47:37provided for seven fundamental rights.
00:47:39When it started, it was seven. But then we have deleted article number 31. We have deleted it.
00:47:45The 44th amendment was deleted. It is now the legal right under article 300a in part 12 of the constitution.
00:47:57So, some of you probably, who are smart, who are the last year's question and answers,
00:48:02you will know that this is a debate. Property rights. Right to property, what is it?
00:48:09What is it? What was it actually? It was our fundamental rights. It was given in article 31 and in article 19f.
00:48:1819f. This was deleted by the 44th amendment. But the right to property is not completely
00:48:27the right to property. It is basically in article 300a. Now, books generally mentioned is as the legal right.
00:48:35That now, right to property is a legal right in the constitution under article 300a. And one day, what did UPSC do? UPSC asked a question.
00:48:43Right to property is a legal right or constitutional right. And the mistake which they did was that they gave the both options.
00:48:50Legal right or constitutional right. My question is, what is it? Is it a constitutional right or is it a legal right?
00:48:58Fundamental rights are meant for the idea of promoting political democracy.
00:49:05The purpose is that the executive is not tyrannous, tyrannous, dictator-type, and protect citizens against the executive.
00:49:17And the legislature is arbitrary random law to make individuals.
00:49:22So, the tyranny of the executive and the arbitrary laws of the legislature,
00:49:27we can actually write fundamental rights. Fundamental rights, if we consider constitutional rights,
00:49:34if we consider constitutional rights, this is what they can be done.
00:49:36They are justiciable, that you can get against the law.
00:49:40If they are enforceable, if it breaks, you can ensure that it breaks.
00:49:44If you go to the court, you can ensure that it doesn't break.
00:49:46Supreme Court, High Court, you can have several ways to do it.
00:49:50And you can ensure that the fundamental rights are not actually broken.
00:49:53not actually broker. However, the fundamental rights, they are not absolute. So I'll give
00:50:00an example, this is like freedom of speech and expression. So freedom of speech and expression
00:50:05hai, right? But this doesn't mean that you will start to give someone a joke. You will
00:50:10say, sir, I have freedom of speech. No, no. Freedom of speech and expression is absolute
00:50:14You can only say the right things, you can only say the evidentiary, correct things,
00:50:21the scientific things. There are restrictions. There are reasonable restrictions on every
00:50:33fundamental right, except few. Untouchability is banned. There is no reasonable restriction
00:50:42on that. It's banned in all aspect. And they are not sacrosanct and can be curtailed or
00:50:49repealed by the parliament. This word sacrosanct ka matlab ka ho? Sacrosanct woh cheez hodhi
00:50:53hai, jo ki itni sacred hai, itni pavitra hai ki usko touch bhi na kia jai. Fundamental
00:51:01rights, despite all of their importance that we are talking, they are not sacrosanct, which
00:51:06means, which means ki they can be changed. They can be deleted, they can be amended, and
00:51:12when necessary, they can also be suspended during the emergencies. Kabhi-kabhi
00:51:26zururot pande par hat bhi jaate hai. And DPSPs, humare constitution me, after the fundamental
00:51:30rights, there is something called DPSP, Directive Principles of the State Policy. Another word,
00:51:35say it loudly in your mind, and try to hear the words, Directive, Directive Principles of
00:51:42State Policy. State, yani ki state, government type state. Us ki policy, ki directive principles,
00:51:49yani ki state ko directions hai, yeh joh points hai, yeh joh principles hai, yeh state ko kaam
00:51:55karne ke, uski policy banane ke directions hai. Dr. B. Rambitkar ni DPSPs ki liye bola ki
00:52:00they are novel feature of the Indian constitution. Novel feature of the Indian constitution. Now,
00:52:07I am not challenging Dr. B. Rambitkar here, but I just read in Lakshmikanth ki joh DPSPs hai,
00:52:14they have been borrowed from the Irish constitution. Now, my only semantic argument is that ki if
00:52:24they have been borrowed from the Irish constitution, how are they novel? Novel means new, something
00:52:31which doesn't exist anywhere. It's a novel idea. Novel idea means it's new, it's brand new. Now,
00:52:35if Dr. B. Rambitkar is saying that the DPSPs are the novel feature of the Indian constitution,
00:52:41then why do the books mention that they have been borrowed from the Irish constitution? Because
00:52:46that is literally the opposite of the novelty. I'm just asking, I'm not challenging him. It's
00:52:56just out of curiosity. There's no challenge here. I'm not saying he's wrong. I'm pretty
00:53:02sure I am wrong. I agree that I am wrong. Just out of curiosity. That's it. So DPSPs joh hai,
00:53:10they are in the part fourth. Part fourth hai constitution ka. Ab padheng hai, one, two, three,
00:53:14or couthye wale mein DPSPs likhye hoonge. Or alag-alag parts ka hai, kuch socialistic hai, kuch gandiyan hai,
00:53:19kuch liberal intellectual hai. And they basically promote the social and the economic democracy.
00:53:25Deekhi, purpose ka hai? Tien prakar ki democracy hame apne desh me establish karne. Eek toh political,
00:53:29dousi, social, tisi democracy. Kya hoota political, social, economic democracy? Ab, jis se political
00:53:34me we ban untouchability. So that's a fundamental right. So political democracy hai, sab ke sab
00:53:40berabar hai, when it comes to politically. Lekin socially, ye kaam karna muskil hai, hai na?
00:53:46Toh woh eeg dam immediately fundamental right na bana ke, usko DPSPs me ad kiya hoa hai. Economic
00:53:51equality haana, ek toh utopia hai, you can't have economic equality, like, in the literal means
00:53:57of the term. Economic equality, economic democracy ka, mtlab ye hoota hai, ki sab ke
00:54:02paas enough ho. Ye niye ki sab ke paas berabar ho. Ki ammani aur adani se paise le lo sir,
00:54:07sare ke sare, billion of dollars unke paas hain. Woh sare leke, why don't you distribute
00:54:12it equally with all of us? Smart idea. Aap ko pundra bhees laag rupay mil jayenge,
00:54:17sab ko pundra bhees laag rupay mil jayenge. The whole country would have like fifteen, twenty
00:54:20laag rupay. Yeah, sounds good, doesn't work. But ya, economic democracy ka, fir bhi, mtlab ye
00:54:27ki at least everybody should be able to make enough for food, for house, for education.
00:54:32Even the poorest person, even the executive level of the jobs, ittra toh salary, lower,
00:54:39minimum wage, toh basically kama saka hai. Usko economic democracy ka kati hai. Nevertheless,
00:54:43yeh joh DPSPs hain, inka purpose hain ki ek welfare state banana hai. Welfare state madab ki
00:54:48sabke sabka welfare rahe. Chahe woh koi bhi ho, upar ho, neche ho, bich mein ho, kahin pa bhi ho.
00:54:53Unlike the fundamental right, they are non-justiciable in nature. This word seems tricky, non-justiciable.
00:54:59This means ki, see fundamental right, part three mein diye ho hai. They are fundamental rights.
00:55:06And part fourth ke anndar DPSPs diye ho hai. Or in me ek ek khas baat hai ki yeh justiciable hai.
00:55:12Magdab ki agar violate hotte hai toh you can go to courts and make them enforce. Yeh agar violate hotte hai,
00:55:18toh you can't go to court and cannot make them enforce it. The reason is just basically,
00:55:25the resources. Just, just resources hai. Ham in ko poora karne ki koshish karte rahte hai,
00:55:32as well as we can do. But, jise, I'll give, is mein aise example, jise, for a father, for a father,
00:55:38it is really, really important ki bachyo ko school mein admission kara hai, education toh jaroor provide kare hai.
00:55:44Like, that's the basic, us ke bina toh bilkul ka mein chalega. However, to give the kid iPhone or not,
00:55:50that is not a sure necessity. Like, if they give, like, people need phones.
00:55:56Logo ko phone ki zhururat padhti hai hai. But, phone bachyo ko dena, agar afford nahi kar sate hai,
00:56:01faada phone dena, toh itni massive necessity hai bhi nahi. Kuch aisa hi analogous difference
00:56:06fundamental rights or DPSPs mein hai. Fundamental rights, a very important basic necessity hai.
00:56:13They have to be given, immediately. DPSPs, we really want to give. We want to give our kids iPhone
00:56:19and iPads and cars and bikes. But, that depends on the economic situation of ours. We'll, we'll,
00:56:29we'll try to give them best possible. Constitution ne, phir bhi, justiciable ne hai,
00:56:35Lekin constitution ne likha hai ki bhai, ye jo DPSPs hai, they are fundamental in the governance
00:56:39of the country. But haan, isko justiciable nhi karenge, iska jo force hai,
00:56:43wo political, public opinion ho ga. Chariye. Fundamental duties. Toh humare samihdhan mein,
00:56:49fundamental rights bhi hai, or fundamental duties bhi hai. What are fundamental duties?
00:56:53Original constitution mein nahi tha. Probably bhol gae tha. I don't know. I really have zero idea
00:57:00what happened actually over there. But, it was added later on. Fundamental duties constitution mein
00:57:04thay nahi, they were added in 1976. Thaik hai, ek committee banayi gahi thi,
00:57:09us committee ka naam e, Swarn Singh committee. Thaik hai, Swarn Singh committee thi. Thaik hai.
00:57:13So, Swarn Singh committee nne kuch recommendation dhiye ki, humare samihdhan mein kuch basic,
00:57:17karthavyo ki bhi list dheni chahiye. Aisa na, USSR mein hoota hai, United Union,
00:57:22Socialist Republic ke undar, Toviet Republic ke undar. To, aisa kuch humare samihdhan mein bhi hoona chahiye.
00:57:291976 ka samih chal raha tha, USSR ka definite impact tha, humare indian polity ke oopper. Thoda sa
00:57:34dictatorship ka bhi, mausam chalhi raha tha. To, jab bhi dictator joh loo hootay na,
00:57:38dictatorship ki joh vibe hootay hai. To, woh, woh loogo ke karthavyo ke oopar focus
00:57:42karne lag jati hai. If you think, USSR being a communist country, very dictatorships,
00:57:47Stalin, Stalin, they were dictators. To, woh, promote hi karenghe, duty, karthavyo
00:57:54karthavyo karne ke. Or, United States of America, more of an independent, liberal
00:57:58version. They were, they would focus on rights. To, in dono ka, humane, compile kiya hoa hai,
00:58:03desh ke andar, humare haan pe. Thoda sa balance bana hoa hai, rights or duties ka.
00:58:06Well, number the less, 42nd amendment in 1976 added a new part and one article in the
00:58:12Indian constitution, jiske andar humare fundamental duties di hoi hai. To, jab add ki thi, to,
00:58:1710 thii. Uske baad, ek or amendment se, 86th amendment se, ek or add kar di hai. To, total
00:58:2111 fundamental duties hai hai. Is sa me, humare constitution ke andar. Part 4th a, ek hi
00:58:28article hai, article 51 a, jis me basically fundamental duties hai. Or, total 10 hai, pehle
00:58:3410 thii, 1976 mein. And then in 86th amendment, 2002 mein, ek last me, 11 or add ki gahi.
00:58:40Or, simple, simple se hai hai. Like, you have a duty to respect the constitution, to respect
00:58:47the national flag, national anthem. Like, seems logic and logical and obvious, but once you
00:58:52write it, it's, it has a more clarity to it. Protect the sovereignty, protect the brotherhood,
00:59:00apne desh ki heritage ko protect karo, preserve karo, fundamental duties. So, it's basically
00:59:05kind of a reminder, ya. Madla, yeh vayse bhi hai, they are obvious, right? But, ab,
00:59:10kyunki humare constitution mein hai, so they are a reminder, ki hum aane adhikarho ko enjoy
00:59:14karte hai, to saath hi saath apne kartave bhi follow karne chahi hai. So, we also have to
00:59:18be quite conscious of the duties, which we owe to our country, to our society and to our fellow
00:59:23citizens. Exactly. Like the DPSPs, they are also non-justiciable. Tien chee je hai, constitution,
00:59:30ke anndar, jo ki non-justiciable hai. Number one, preamble. Number two, DPSPs. Or number
00:59:44three, fundamental duties. Bas, iske alawa constitution mein jo word likha hota hai, wo technically
00:59:51law hota hai. Technically nahi, actual law hota hai. Technicality ka koji law ni hai, actual
00:59:56law hai. We are also a secular state, which means, which simply means ki, Indian state doesn't
01:00:01have one religion. Kuch states hoti hai, jo ki, ek religion ko state religion declare
01:00:05kar deeti hai. Humare haa pe aasa, kujay se Saudi Arabia mein, Islam is the state religion.
01:00:10India is a secular state, like France is a secular state. USA is a secular state. So, constitution
01:00:16of India does not uphold any particular religion as the official religion of the state. So,
01:00:22baare saare se hai. The word secular, didn't actually exist in the Indian constitution.
01:00:28Wo bhi basically amendment sa hi add kiya gya hai. Again, that 42nd amendment. It's very popular,
01:00:34right? 42nd. Abhi toh humne constitution padna nahi start kiya, and humne 42nd amendment ko kai
01:00:39par par par liya hai. 42nd amendment of the constitution, 1976 mein, inno ne kya kiya, preamble,
01:00:45jo hai, preamble ke anndar ye word add kar diya ki, India is a secular country. So, the term secular
01:00:49was basically added to the preamble, in the 42nd amendment. Happened in the 1976, under
01:00:55the prime ministership of Indira Gandhi. The preamble mein liberty, faith hai, baare
01:01:01saare se article hai, secularism se related, not that it is very necessary today, but we
01:01:05will talk about it when it will be necessary. Fine. UPSC ne main's mein, das number ka question
01:01:12poucha tha. Indian secularism aur jo western secularism hai, in dono ke concept mein thot sa difference hai.
01:01:18Kya difference hai. It's just the, when we talk about the words. Secularism,
01:01:24joh west mein hai, unka wahan pe concept hai, complete separation ka, ki religion is 100%
01:01:30separate from the state. In dono ke beech mein koi relation nahi hoana chahi hai. So, religion
01:01:35have zero intervention in state, and state has zero intervention in religion, until unless
01:01:40religion koi yasi kaam na kar sake, jis te nukhsaam ho rao. That is it. India rather
01:01:44have a different concept. Ye to negative ho ga na, ki completely, koji lena dena ne. India
01:01:48has a more positive approach, as in ki state have a positive relation with all the religions. Positive
01:01:57relationship with all the religions. Aisa hai, jisai kya kya kya te hai. Dekhu, paapa ki
01:02:01jose side hai. Unna cha cha se baat kaarti hai, aur na tao ji se baat kaarti hai.
01:02:05Ć, chote tao ji se baat ni kaarti hai, aur bade tao ji se baat. Bilkul baat ni kaarti hai,
01:02:10lena dena hi nahi ni hai, baat hi nahi karte hai. Maitlab ki function functions hai, tu unko bulaa nahi ni hai.
01:02:13That's all it. Lekin mammi ki side, eger aap dekhen, to mammi joh hai, woh tino mosiyo
01:02:19se, ghar pe jati hai, tino mosiyo ga function pe bulaati hai, aur dono mamau ko bhi basically function
01:02:24pe bulaati hai, aur dono mamau ke bhi ghar pe jati hai. Kind of that. Ek tharai completely negative
01:02:29hai, ki koji lena dena nahi nahi nahi nahi nahi. Or ek tharai completely positivity hai, ki
01:02:32sab ke sab barabar hai, dono mamau ke ghar jau ghi, tino mosiyo pe ghar jau ghi. Paapa, paa
01:02:38boli, na tao ji se baat ka ni, na cha cha se baat ka ni. The negative concept of secularism
01:02:42is inapplicable in the Indian situation. Humare haa pe society khud hai multi-religious,
01:02:46so humare haa concept hai, give equal respect to all the religions or protecting all religions
01:02:51equally. Constitution ne, communal representation, obviously, ho joh 1909 mein introduce ki thi,
01:02:56Minto Morale ne, woh humne hattai diya hai, abolish kar diya hai. Communal representation
01:03:01hai ho ki, dharm ke adhaar pe kisi prakar ki reservation hai ho ki. Do we do have the reservation
01:03:04on the basis of the scheduled caste and the scheduled tribe. And universal adult franchise.
01:03:09Everybody, anybody who is above the age of the 18, have a legal right, have a constitutional
01:03:16right to basically vote. And in two elections mein, chahe Lok Sabha or state legislative assembly,
01:03:21also, panchayat ke hoon, ya phir municipalities ke hoon. Hum total three elections mein vote
01:03:26kar sakte hai. Primarily, three elections mein vote kar sakte hai. One is Lok Sabha, another
01:03:31is Vidhan Sabha and third one is, if you are living in a rural area, panchayat, if you are living
01:03:35in an urban area, municipalities or the municipal cooperation. Also, aap aap ne school mein
01:03:39bhi vote kar sakte ho, aap ne office mein bhi vote kar sakte ho, but that's an entirely
01:03:41different kind of votes. They are talking about some kind of a constitutional kind of votes.
01:03:44Any citizen, joh ki 18 saal se upar ka hai, has a right to vote, chahe wo kisi bhi age ka ho,
01:03:49sorry, kisi bhi age ka ho, uski caste, race, religion, sex, literacy, wealth, koipma,
01:03:55practically, like only age is the criteria, literally. There is nothing else.
01:03:59Voting age phele kis hua karthi thi. Aathara abhi abhi ki gahi hai, 1989 mein. This has happened
01:04:07just 30 years ago. This has happened 30 years ago. So, this was a bold experiment. Highly
01:04:12remarkable in the vast size of the country. Population, high poverty. Out of all the things
01:04:17which our constitution did, I believe universal red franchise was the most courageous one.
01:04:24But you were born in a democratic country. You were born in 2000s. You were born in 1990s.
01:04:31So, when somebody says that you have a right to vote, you really don't feel the impact or
01:04:36the gravity of it. We are talking about 1950. In the last thousand years, none of the citizens
01:04:46had any right to vote. And then suddenly, we create a constitution and we give universal
01:04:53adult franchise to every single person. Imagine the literacy rate of that time like 10 percent,
01:05:0015 percent. It is remarkable and it is courageous. I am pretty sure about it that we really do
01:05:09not understand the kind of impact and the kind of vision it takes to declare India as a universal
01:05:16franchise country with like just one provision. A constitution does it. Now, we take it for
01:05:23granted. So, we make democracy broad-based, enhances the self-respect, prestige of the common
01:05:27people, upholds the principle of equality, enables minorities to protect their interests
01:05:31and opens up new hopes and the visitors for the weaker section. That is a cool line that
01:05:34Lakshmi Kathar has given. Single citizenship is in our country. Now, again, relatively,
01:05:41we have a dual quality, but single citizenship. That is,
01:05:48in India, all states, irrespective of the state, they are born or
01:05:51from Gujarat, Gujarat, Gujarat or Jammu, Kashmir,
01:05:53wherever you have a state card. You have no extra card. You have no extra card.
01:05:55You have no extra card. You have no extra card. You have no extra card.
01:05:57In the US, in the federal countries, you have two, basically,
01:05:58you have a U.S.C. citizenship. You have a U.S.C. citizenship. You have a U.S.C. citizenship
01:05:59You have a U.S.C. citizenship. We have a dual polity, but single citizenship. That is,
01:06:02in the U.S.C. passport. You have a U.S.C. particular state. You have a U.S.C. state.
01:06:14In India, all states, irrespective of the state, they are born or reside.
01:06:18In India, all states, irrespective of the state, they are born or reside.
01:06:20In India, they are born, but they are born in Bangalore.
01:06:22They are born in Bangalore. They are born in Mumbai.
01:06:24It is the same political civil rights of citizens all over the country and no discrimination.
01:06:28And the independent bodies, constitution actually,
01:06:37is created by powers to distribute.
01:06:40What is the basic game of the constitution?
01:06:43There are two powers.
01:06:44One is the power to distribute, executive, legislature, and judiciary.
01:06:47These three powers have been written by power.
01:06:49This is the constitution.
01:06:50And the other is the citizens' rights.
01:06:53So these three are the government,
01:06:56they will create free and fair elections to the president, vice president, state legislature, and the parliament.
01:07:01After that, we have Comptroller and Auditor General of India.
01:07:07So we have a separate independent department who keeps a check on it, kind of guardian of the public.
01:07:13Government who pays taxes?
01:07:14Like your, my, my taxes, we pay.
01:07:15Everybody pays taxes.
01:07:16You buy a biscuit.
01:07:17You pay taxes.
01:07:18So government has to be accountable.
01:07:19Who keeps them accountable?
01:07:20The CAG.
01:07:21The CAG.
01:07:22Like theoretically.
01:07:23The CAG.
01:07:24The union public service commission.
01:07:26Uske baad, we have Comptroller and Auditor General of India.
01:07:29Government paisa karcha kerti hai.
01:07:30So we have a separate independent department
01:07:33who keeps a check on it.
01:07:34Kind of guardian of the public.
01:07:36Government kiska paisa karcha kerti hai.
01:07:37Like aapka, mera, the taxes we pay.
01:07:39Everybody pays taxes.
01:07:41You buy a biscuit, you pay taxes.
01:07:44So government has to be accountable.
01:07:46Who keeps them accountable?
01:07:47The CAG.
01:07:48Like theoretically.
01:07:49Theoretically speaking.
01:07:51Then Union Public Service Commission.
01:07:53It is a constitutional body.
01:07:55Like our constitution literally creates UPSC, Union Public Service Commission.
01:08:00And it has given a job, a mandate to UPSC.
01:08:03Basically to hire us, to recruit you as the government servants.
01:08:08And then there are State Public Service Commission and so on.
01:08:11There are emergency provisions in the constitution.
01:08:13It simply means, humare desh ke constitution mein teen prakar ke emergency hai.
01:08:16Suppose ki jiye ki kahein par war ho gai.
01:08:20You know, we have a war with Pakistan or China.
01:08:22Ya andar desh mein armed rebellion ho gaya.
01:08:24Daesh ke inder emergency declare kari jaa sakti hai.
01:08:28Kabhi-kabhi raja sarokare, kabhi-kabhi fail ho jati hai.
01:08:30Shayad constitution ke according kaam na kar pahein.
01:08:32Shayad center ki baat maan na kare deein.
01:08:35Toh usko kehte hai state emergency.
01:08:37Ya phir president rule.
01:08:38Synonym hai ye shabd dono ke doon.
01:08:39State emergency ya president rule.
01:08:41And sometimes, like humans, like us, the country also have some financial obligations.
01:08:48Country ne bhi loan le rakhe hotte hai.
01:08:49Country ko bhi interest deena hotte hai.
01:08:51Kabhi-kabhi country ke paas paise ki kami bhi pard jati hai.
01:08:53But there is a possibility that the country can actually have a financial emergency.
01:08:58Aisi possibility exist kerti hai.
01:09:00Matabh kai baar hooti bhi hai.
01:09:01Toh uske liye bhi eek financial emergency bhi ho sakti hai.
01:09:04Toh in tino ka provisions diya hua hai indian constitution mein.
01:09:06Ki agar ye ho jata hai toh, toh kya karayin.
01:09:09Agar financial emergency ho jai hai, toh what shall we do?
01:09:12Agar koji armed rebellion ho jai hai, agar koji war ho jai hai, then what shall we do?
01:09:16So, what we will do is that we are going to declare emergencies, depending on these provisions.
01:09:19Aur ye jab provisions hoote hai, jabhi koji bhi emergency declare hoote hai.
01:09:23Toh humara joh desh, joh hum abhi discuss kararete ki federal hai.
01:09:27Toh federal se change ho kai unitary ho jata hai.
01:09:31The central government becomes all powerful and states go into total control of the center.
01:09:37This is a very special feature.
01:09:38This doesn't happen in US.
01:09:40Have you seen the movie Dark Knight?
01:09:41Have you seen that time when the Bruce Wayne and the Harvey Dent meets for the first time?
01:09:47With that Russian ballerina and Rachel.
01:09:51Oh, so tell me about your thing.
01:09:51I own the Hotel Wallacine.
01:09:53And there they tell ki Julius Caesar.
01:09:55They were kind of a democracy in that time.
01:09:58But when the enemies were at the gate, all the kind of parliament of that time were suspended
01:10:04and the whole power was given to the Julius Caesar, one person who was the king.
01:10:09It's kind of, it's that kind of concept.
01:10:14Analogically.
01:10:18Ismei, uska, us dialogue ka quote ye tha ki, it's kind of a bad.
01:10:24Kiyonki joo Julius Caesar ko jab sari power ho jate hai, toh he becomes the dictator.
01:10:27So that's actually a situation jo ki bad hai.
01:10:30Ismei bhi aise honne ki sambah ho na thi, but we have created more checks and balances in that.
01:10:34Three-tier government hai hai hai, hamarje däsch me.
01:10:38Sab se over union government, neecha state government.
01:10:41Or uske neeche actually pehle nai hoa karthi thi, but phir hamne constitution ko amend kiya
01:10:44اور abh eek three level par.
01:10:46Agar gaam hai hai, to basically panchayti raaj government ho gai hai.
01:10:49Agar basically shahar hai, to basically munsip realities.
01:10:51Urban local government hai.
01:10:52Ye hai hai humne baad me kiya hai.
01:10:53Nineteen ninety two, nine tea, nine tea three mai.
01:10:55Haamne constitution me hai dho nae sanchodhan ki hai.
01:10:57One is 73rd amendment and one is 74th amendment.
01:11:01What we have written in the 73rd amendment?
01:11:04That central government and state are compulsory, constitutionally.
01:11:09The constitution is compulsory, basically compulsory.
01:11:12And in cities, municipalities and municipal corporations.
01:11:15So rural local governance and urban local governance.
01:11:20This happened from the 73rd and 74th constitutional amendment act.
01:11:25Now this is an important chapter.
01:11:27We will obviously do it in the very much detail.
01:11:30And then the very latest one, 2011.
01:11:33We have 97th constitutional amendment and we also added something pertaining to the cooperative societies.
01:11:41Cooperative society gave constitutional status and it made certain changes.
01:11:49I will tell you but it is still in detail.
01:11:52That's one.
01:11:53Second, a new DPSP added that government should have a responsibility to promote cooperative societies in the country.
01:12:07And it added a new part, 9th B.
01:12:10The new part, 9th B contains various provisions to ensure the cooperative societies.
01:12:23It empowers the parliament.
01:12:24All right.
01:12:25So what happens is that, let's see.
01:12:26This is what happens.
01:12:27We kind of needed that democracy, which is grass root level.
01:12:32So one of the ways which we figured out was the 73rd amendment to the Indian constitution.
01:12:41What it did that.
01:12:42What it did that.
01:12:43It has a part 9th add in the constitution.
01:12:46Similarly we did a 74th amendment in the constitution, which has part 9th A add,
01:12:58complete information वो part 9th में और इसने एक schedule भी एड़ किया, 11th schedule जिसमें पंचायतों की क्या-क्या power होंगी वो लिख दी लेगी
01:13:07Similarly, we did a 74th amendment in the constitution जिसने part 9th A एड़ किया, यह है municipality से related
01:13:15की municipality है, उस शहरों में होनी चाहिए, उसमें elections कैसे होंगे, ward and किस level पे है and so on
01:13:23there is a lot of detail that is given and then we also had to do something about the cooperative
01:13:33societies, so we did the 97th amendment of the constitution which added part 9th B, 9th B जिसके अंदर
01:13:42cooperative societies की detail, now this doesn't have an analogous schedule जिसमें को
01:13:51schedule निया, बढ़ हाँ cooperative societies becomes a fundamental right in the article
01:13:56number 19, right?
01:14:04I am mighty impressed by our constitution, obviously you would be able to figure that out, however
01:14:10you might say, कि sir, it's a borrowed constitution, like who likes a copied movie, some do, sometimes
01:14:18हम साउथ की मुवी सो कॉपी करके Hindi मुवी बनाते हैं, गजनी, गजनी बनी थी,
01:14:23wanted, wanted भी थी, so somebody might say, sir, it's a borrowed constitution, like we just borrowed it,
01:14:30in 1935 में, this is nothing new, this is nothing original, it's a bag of borrowing,
01:14:37hodgepodge constitution, a patchwork है, जो जहां लगा, we just made it,
01:14:42hold on for a second,
01:14:43Aamir Khan वाली गजनी बेकार थीगे?
01:14:44See, the thing is that, Dr. B. R. Ambedkar also said this something,
01:14:50look, सबसे पहले,
01:14:52we were making the constitution in 1950,
01:14:551950 में बना ले थे,
01:14:56and Dr. B. R. Ambedkar's argument is that,
01:15:00at that time of the history,
01:15:02we're talking in the historical context,
01:15:04at the time of the 1950,
01:15:05is there anything new in a constitution framed at this hour,
01:15:09in the history of the world?
01:15:11क्योंकि, US का बन चुका है,
01:15:13Britain का बन चुका है,
01:15:14there are already like almost 50 constitution that exists,
01:15:19okay, so more than 100 years have rolled over
01:15:22when the first written constitution has been drafted,
01:15:24और कई constitution नो अपने constitution को लिख लिया है,
01:15:27या लग-लग ideas को कर दिया है,
01:15:29तो अब constitution का scope क्या होता है,
01:15:32वो हमारे बनाने से पहले settled हो चुका था,
01:15:35it has long been settled,
01:15:37similarly, what the fundamentals of a constitution,
01:15:40they were recognized all over the world,
01:15:41this idea that fundamental rights should be mentioned in the constitution,
01:15:47ये जब हम बनाने बैठे थे,
01:15:49तब तक figure out हो चुगा था,
01:15:50like everybody knew कि fundamental rights नो लिख नहीं होते हैं constitution,
01:15:53so we had to,
01:15:54because the idea was already polished before it,
01:15:58so given this facts,
01:15:59constitution must look similar,
01:16:01अगर main provision देखो कि,
01:16:02तो सारे constitution में यही तो लिखा होगा,
01:16:04government कैसे बनेगी,
01:16:05fundamental rights क्या होंगे,
01:16:06and so on and on,
01:16:07the details are fine,
01:16:09it's something like,
01:16:12let's say,
01:16:12you try to open a new company of a car,
01:16:15आपको एक गाड़ी की कार की नही कंपरी होलिया,
01:16:18so क्या हो,
01:16:18आपकी गाड़ी में भी a seat होंगी,
01:16:20आपकी गाड़ी में भी a engine होगा,
01:16:22आपकी गाड़ी में भी a char टायर होंगे,
01:16:23आपकी गाड़ी में भी a headlight होंगी,
01:16:25आपकी गाड़ी में भी a brakes होंगे,
01:16:26and once you create it,
01:16:27you'll be like,
01:16:28ये तो कॉपी है दूसरे कार की,
01:16:29but you'll be like,
01:16:30but the cars have been being made for like,
01:16:33100 years,
01:16:35but cars are basically,
01:16:36that has actually been figured out,
01:16:38how do you do anything else,
01:16:40or something like phone,
01:16:41let's say you want to make a mobile phone today,
01:16:44as much as you may try,
01:16:46more or less it is going to be a rectangular slab,
01:16:49this is how the mobile phones look like,
01:16:51almost all the mobile phones look like this,
01:16:55that was the idea,
01:16:56that was the argument which we are a mid-curgent scheme,
01:16:58constitution,
01:16:59the only new thing can be done,
01:17:01is that we can remove the faults,
01:17:04of the earlier one,
01:17:05and we can accommodate it to the needs of the country,
01:17:08so I'm pretty sure about it,
01:17:09when you say,
01:17:09when somebody,
01:17:10it is a fact that we did borrow it,
01:17:13from the other constitution,
01:17:14but as a criticism,
01:17:15it doesn't hold any water,
01:17:18okay,
01:17:18then somebody,
01:17:19one of you might say,
01:17:20it's a carbon copy of 1935,
01:17:21so that's a very strong argument,
01:17:23it is more or less,
01:17:24we are the amended version of 1935 act,
01:17:27language may,
01:17:28substance may,
01:17:29close copy of 1935 act,
01:17:32Ivar Jennings said,
01:17:33constitution derives directly,
01:17:34from the government of India,
01:17:35many of the provisions,
01:17:37are copied textually,
01:17:41almost textually,
01:17:43the constitution is essentially,
01:17:44the government of India act of 1935,
01:17:46sirf or sirf adult franchises,
01:17:48may add kar diya,
01:17:48or kya extra kuch ki hai,
01:17:49and the scale lava,
01:17:511935 act jaisa hi hai,
01:17:52humara samidhan,
01:17:53so,
01:17:53here Ambedkar says that,
01:17:56yes,
01:17:58no apologies for,
01:17:59first of all,
01:17:59thank you for the observation,
01:18:01we knew it,
01:18:02thank you,
01:18:03I make no apologies,
01:18:05not exactly very difficult,
01:18:06to figure this out,
01:18:07you can read that,
01:18:08you can read that,
01:18:09you will find the similarity,
01:18:10but there is nothing to be ashamed here,
01:18:12okay,
01:18:12the reason being,
01:18:13it involves no plagiarism,
01:18:15kisi ne koji patent,
01:18:17thodi na karwa rakk hai,
01:18:18ki parliamentary form of government hai,
01:18:19Britain mein bani ti,
01:18:20toh bahan peh,
01:18:21it's not patented,
01:18:22fundamental ideas of the constitution,
01:18:24fundamental rights,
01:18:25just because ki US,
01:18:26ne constitution me add ki hai,
01:18:27doesn't mean ki,
01:18:28ab hum kuch alag se,
01:18:29marse se ja ke,
01:18:30invent karke laengi,
01:18:32what I'm sorry about,
01:18:33is that the provisions taken,
01:18:34mostly from the government of India act,
01:18:36relate mostly to the detail of administration,
01:18:38toh jyadha kuch khas tahi hai,
01:18:39philosophical concept nahi nikaal hai,
01:18:40some critic says that,
01:18:42it is un-indian,
01:18:44or anti-indian,
01:18:45okay,
01:18:45that's slightly,
01:18:45okay,
01:18:46it's so,
01:18:46thoda sa militant ho gaya,
01:18:47how,
01:18:48un-indian is still,
01:18:49anti,
01:18:50I don't know,
01:18:50it doesn't reflect the political tradition,
01:18:52of the spirit of the language,
01:18:53the foreign,
01:18:54it's foreign nature of the constitution,
01:18:56kya ki alag alag foreign,
01:18:57kuch BPSP kahi se,
01:18:59Australian,
01:18:59Canadian,
01:19:00this is unsuitable to the Indian situation,
01:19:02unworkable in India,
01:19:04so,
01:19:04he hanuman tahiya,
01:19:05constituent assembly ke member tha,
01:19:08criticism karna allowed tha,
01:19:09us samain,
01:19:10we wanted the music of Veena,
01:19:13or sitar,
01:19:14but we have the music of an English band,
01:19:18that was because our constitution makers,
01:19:19were educated that way,
01:19:21so,
01:19:21jyobo 99 loog tha,
01:19:22constituent assembly ke,
01:19:24jadhatar lawyer tha,
01:19:25jadhatar basically,
01:19:25bhaar se pad ke aai hoey tha,
01:19:27angrejgoo ke samain mein paadhe,
01:19:28sare ke sare,
01:19:29to unhohne unka jaisa bana diya,
01:19:30hume sunna tha,
01:19:31sangeet,
01:19:32kya nana,
01:19:32Veena ka,
01:19:33ya sitar ka,
01:19:34basically,
01:19:35Bhimshian Joshi ji ka sangeet sunna tha,
01:19:37hum yaan pe basically,
01:19:38ya British band ko basically,
01:19:39sunne lag rahe hain,
01:19:41Lokanath Mishra bhi kaete hain ki,
01:19:42we,
01:19:43this is,
01:19:43our constitution is a slavish imitation of the west,
01:19:46much more a slavish surrender to the west,
01:19:49okay boy,
01:19:49that's slightly,
01:19:50oh my god,
01:19:50that is a heavy criticism here,
01:19:52Lakshminarayan,
01:19:53Sanu,
01:19:53the ideals on which this draft constitution is framed,
01:19:56have no manifest relation to the fundamental spirit of India,
01:19:59constitution would not prove suitable,
01:20:01and would break down soon after being brought into operation,
01:20:04that's a very heavy prediction,
01:20:09didn't happen,
01:20:11so I believe,
01:20:12Lakshminarayan saw has been definitely proven wrong,
01:20:17it's an un-Gandhiyan constitution,
01:20:20it's an un-Indian,
01:20:21okay,
01:20:22that's a different thing,
01:20:22but it's also un-Gandhiyan,
01:20:23kyunki,
01:20:24Mahatma Gandhi ki,
01:20:25philosophy or ideals,
01:20:26which were quite influential in the last three decades of the Indian national movement,
01:20:30were not very much incorporated,
01:20:32just as if,
01:20:33as our constitution was made,
01:20:34Gandhi was very much passionate,
01:20:37and focused about the Indian village panchayats,
01:20:40and district panchayats,
01:20:41constitution was made,
01:20:42so there was no inclusion of panchayats,
01:20:44that was included in 1992 and 1993,
01:20:47this is exactly the kind of constitution,
01:20:51Mahatma Gandhi didn't want,
01:20:52and didn't envisage,
01:20:54now we would not know,
01:20:55what Mahatma Gandhi would have wanted,
01:20:57or would have envisaged,
01:20:59because he was assassinated before,
01:21:01the constitution came into effect,
01:21:03or was enacted,
01:21:04at that time,
01:21:05but you can say it was,
01:21:07an elephant in size,
01:21:08it is too bulky,
01:21:09too detailed,
01:21:10there are some unnecessary elements,
01:21:12fine,
01:21:12and it has not always well selected,
01:21:14the constitution generally speaking,
01:21:16too long and complicated,
01:21:17and it's a paradox of lawyers,
01:21:42lawyers ne banae tha,
01:21:43that was it,
01:21:44this PPT is available,
01:21:46on this telegram channel,
01:21:48you can scan this,
01:21:50I am available,
01:21:51on this Instagram handle,
01:21:53there are some tables given,
01:21:55in the book,
01:21:56jaysay ki,
01:21:57humare constitution ke kuch parts hain,
01:21:59part one,
01:22:01mein,
01:22:01the title ka hai,
01:22:02subject matter ka hai,
01:22:04us meh,
01:22:04char article hain,
01:22:05part two mein,
01:22:05citizenship discussed hain,
01:22:07paanth se giyara articles hain,
01:22:09part three mein,
01:22:09fundamental rights,
01:22:11well to thirty five,
01:22:12ah,
01:22:12ke anna mein,
01:22:13article number hain,
01:22:14and so on and on,
01:22:15so on and on,
01:22:16pure ke pure hain,
01:22:17so there are,
01:22:18last wala,
01:22:19joh hai,
01:22:21twenty two,
01:22:22ab hamaara,
01:22:23joh last part hain,
01:22:24uska number twenty two hain,
01:22:26thik hai,
01:22:26but confuse mat ho na,
01:22:27total hain,
01:22:28twenty five,
01:22:29kyunki,
01:22:29yeh,
01:22:29beech mein,
01:22:30yeh,
01:22:30ho gaya ek,
01:22:33yeh,
01:22:33ho gaya,
01:22:34yeh,
01:22:34uska ninth,
01:22:35a,
01:22:35ninth bhi,
01:22:35to last wala ka number,
01:22:36to twenty two likha,
01:22:37dikhta hain,
01:22:38but total parts ho gaya,
01:22:39twenty five,
01:22:40last wala,
01:22:40article three ninety five,
01:22:42likha,
01:22:42dikhe ga,
01:22:42lekin ab ninth a,
01:22:43ke annaar,
01:22:44bhout saray article hain,
01:22:45ninth bhi mein,
01:22:45bade saray se article hain,
01:22:47so,
01:22:48total article four,
01:22:49ninety four,
01:22:49se oopar ho gaya,
01:22:51part seventh,
01:22:52ko hum ne,
01:22:52delete kar diya tha,
01:22:54part fourth a,
01:22:55or part fourteen,
01:22:56fourth a,
01:22:57fourth a,
01:22:58or fourteenth a,
01:23:00they were added by the,
01:23:00forty second amendment,
01:23:02part ninth a,
01:23:04was added by the,
01:23:05seventy,
01:23:05part ninth a,
01:23:08part ninth a,
01:23:09was added by the,
01:23:10seventy fourth amendment,
01:23:11and part ninth b,
01:23:12was added by the,
01:23:13ninety seventh amendment,
01:23:15kuch important,
01:23:16important constitution hain,
01:23:17have a look,
01:23:17sorry,
01:23:18articles hain,
01:23:18have a look at them,
01:23:20read them,
01:23:20constitution,
01:23:25constitution,
01:23:25constitution,
01:23:25schedules,
01:23:26first schedules,
01:23:28mein,
01:23:28hum,
01:23:28harin,
01:23:28sarae states,
01:23:29ke naam,
01:23:29diya huay,
01:23:29union territories,
01:23:30ke naam,
01:23:30diya huay,
01:23:31or unka extend,
01:23:31diya huay,
01:23:32second schedules,
01:23:34mein,
01:23:34president,
01:23:34governors,
01:23:35chairman,
01:23:36judges of supreme court,
01:23:37inke allowances,
01:23:38of privileges,
01:23:39liekhi huay,
01:23:39third schedules,
01:23:41mein,
01:23:41oath,
01:23:41liekhi,
01:23:41gahi,
01:23:42hai,
01:23:42joki,
01:23:43ministers,
01:23:44leethe,
01:23:44judges,
01:23:45of high court,
01:23:46leethe,
01:23:46hain,
01:23:46fourth schedule,
01:23:47raja sabha,
01:23:48mein,
01:23:48kis state,
01:23:49se kitne member,
01:23:50jatay,
01:23:50allocation,
01:23:51hai,
01:23:51wodh,
01:23:51qi,
01:23:51hai,
01:23:51fifth schedule,
01:23:53or sixth schedule,
01:23:53mein,
01:23:54scheduled areas,
01:23:55ke administration,
01:23:56related information,
01:23:57seven schedule,
01:23:58mein,
01:23:58distribute,
01:23:59kiya,
01:23:59powers,
01:24:00ko,
01:24:00state,
01:24:00or center,
01:24:01ke biech,
01:24:01me,
01:24:02eighth schedule,
01:24:03mein,
01:24:03kuch languages,
01:24:04hai,
01:24:04baise,
01:24:05languages,
01:24:05hai,
01:24:05joki,
01:24:06constitution,
01:24:06recognize,
01:24:07karta,
01:24:07hai,
01:24:08ninth schedule,
01:24:09mein,
01:24:10kuch,
01:24:10aise,
01:24:11acts,
01:24:11liekhe,
01:24:12jati,
01:24:12hai,
01:24:12joki,
01:24:12basically,
01:24:13ah,
01:24:15judicial,
01:24:15is,
01:24:16ri,
01:24:16du,
01:24:16nahi,
01:24:16kiya,
01:24:16jate,
01:24:16but,
01:24:17ab,
01:24:17kiya,
01:24:17ja,
01:24:17sakti,
01:24:18hai,
01:24:18tenth schedule,
01:24:20me,
01:24:20anti-defection,
01:24:21eleventh,
01:24:22me,
01:24:22mein,
01:24:22aaj,
01:24:22bataya,
01:24:22hi,
01:24:23ki,
01:24:23woh,
01:24:23panchayet,
01:24:23related,
01:24:24responsibilities,
01:24:24or power,
01:24:25deta,
01:24:25hai,
01:24:26twelfth schedule,
01:24:26municipality,
01:24:27related,
01:24:27panchayet,
01:24:28power,
01:24:29sources of constitution,
01:24:30you,
01:24:31have to remember,
01:24:33it,
01:24:33like,
01:24:33like,
01:24:34pata,
01:24:34hoona,
01:24:34chahi,
01:24:34ki,
01:24:35weimar constitution,
01:24:36me,
01:24:36emergencies,
01:24:37te,
01:24:37soviet,
01:24:38me,
01:24:38fundamental duties,
01:24:39irish,
01:24:39dpsps,
01:24:39irish,
01:24:40irish,
01:24:40irish,
01:24:42e,
01:24:42komediy hai,
01:24:42hai,
01:24:42hai,
01:24:42hai,
01:24:42ba,
01:24:42it,
01:24:43it's a novel feature,
01:24:46according to dr.
01:24:47bia,
01:24:47rambedkar,
01:24:48barbi,