1. Sources of constitution

• Fundamental rights from USA
• DPSP from Ireland
• Liberty, equality, fraternity, republic from France
• Federation with strong centre and residuary powers with centre from Canada
• Emergency provisions from Weimar constitution, Germany
• Justice and Fundamental duties from USSR

Discuss– Ideas borrowed from Australian and South African constitution

2. Preamble of Constitution

• It is based on objective resolution drafted and moved by Pt. Nehru
• 3 words socialist, secular and integrity were added by 42nd amendment
• Preamble is a part of constitution but not justiciable
• Preamble can be amended subject to condition that no amendment is done to the basic features

Discuss- Significance and importance of preamble

3. Vidhan Parishads

• Creation or abolition– Only parliament can do so by simple majority if concerned state legislature passes a resolution by special majority <2/3rd present and voting + majority of total>
• Only instance where state legislature uses special majority
• Minimum strength 40, maximum 1/3rd of assembly <maximum strength of assembly is 500>
• It’s not coequal with assembly as-
• If the bill originated in the council is rejected by assembly, it becomes dead
• Bill originating in the assembly can be held back by the council for maximum 4 months <3 +1>
• No provision for joint sitting

Discuss- States with bicameral legislature

Discuss- What happens if bill originating in assembly is rejected by the council

4. Devices of Parliamentary Proceedings

• 1st hour is question hour not zero hour
• Zero hour is an indian innovation and not mentioned in the rule of procedure
• Calling attention motion <call attention of minister> is also Indian innovation but mentioned in the rules of procedure
• Adjournment motion is an extraordinary device to draw attention to a definite matter of urgent public importance.It involves an element of censure, thus can be moved only in LS
• Motion of thanks is passed in both the houses after presidential address at the start of 1st session of every fiscal year <amendment to motion in RS is embarrassment to govt while in LS would amount to defeat of govt>

Discuss – differences b/w no confidence motion and censure motion

5. Executive

• President is the head of state not the PM while PM is head of govt i.e all actions in the name of president not PM
• In presidential system like US, president is both head of state and head of govt <no PM there >
• President is bound by the advice of CoM though he can send back the advice for reconsideration once
• President has vet power-
• Absolute Veto – President refuses to give assent to the bill <private member’s bill, cabinet resigns>
• Suspensive Veto – send the bill for reconsideration of house <can do it only once>
• Pocket veto <Just sits on the bill, neither rejects nor ratifies

Discuss – Veto power of Indian president v/s that of of Us president

Discuss – Qualified Veto