This book ‘Understanding Indian Polity is culmination of a desire to make the working of Indian Constitution easier for students to grasp. The book is written in a fashion to create an appetite for more information about Indian government and politics. There is no doubt in the statement that the study of the working of the Indian Constitution is a gateway to understand politics in India.
Written in a lively and engaging style, the book provides a clear and highly accessible introduction to the Constitution of India, its functioning and issues. Each chapter discusses a cluster of interrelated terms and concepts. The book is designed systematically to build understanding not only of the making of the Indian Constitution but also different issues that emerged in its working.
As we know that independence of India came along with a partition. The partition and the problems it unfolded made nation building a challenge for the Indian leaders. The most daunting challenge was to frame a constitution that will accommodate different diversities, and will inculcate among Indian people a sprit of nationalism, secularism and democracy. The challenge was boldly accepted by the Constituent Assembly of India when it met for the first time on 29th December, 1946. To build a democratic and civil libertarian society among an illiterate people is an accomplishment the Constituent Assembly must be praised for.
The first chapter of the book discusses the origin, composition and working of the Constituent Assembly. The sources of the Indian constitution and the salient features are also part of the first chapter.
Constitutions have their guiding philosophies and for Indian Constitution the philosophy is embedded in the Preamble of the Constitution. The words of the preamble are so noble and eloquent that Professor Barker made it the preface of his famous book ‘Principles of Social and Political Theory’. The second chapter discusses the philosophy underlying the Indian Constitution.
Individual has been accorded a privileged place in the Constitution. His development and welfare is what the state exists for. Part third of the Constitution contains Fundamental Rights which are essential for the development of individual personality. Therefore, it is not a coincidence that the third chapter of the book contains rights and duties of the Indian citizens.
One of the important rights citizens of India enjoy is right to participate in government formation. This right is enjoyed through voting and every citizen above 18 years is entitled to vote. Elections are seen nothing less than democracy in practice. Election process, methods of election with their advantages and disadvantages are discussed in the fourth chapter of the book. Election Commission is the ‘vanguard’ of whole electoral process so it’s role is due to be highlighted. Further, the chapter contains a commentary on the most recent efforts of judiciary to de—criminalize elections in India.
The three organs of the government – Executive, Legislature and Judiciary function on the theory of separation of powers. Montesquieu propounded the doctrine of separation of powers. To him when the legislative power is united with the executive power in the same person or legislative and judicial power is not separated, there is no liberty, because he will make tyrannical laws and execute them tyrannically and the power over the life and liberty of citizens would be arbitrary, because the judge will be the legislature. Chapter five, six and seven are devoted to the structure and functions of the government.
Right from the first day of independence it was realized by the Indian leadership that the most important task was to preserve, consolidate and strengthen India’s unity, to push forward the process of national integration. Indian unity, it was realized, was not to be taken for granted. It had to be strengthened by recognizing and accepting India’s immense regional, linguistic, ethnic and religious diversity. A federal form of government, although a made in India federalism, became an unavoidable choice. Indian federalism has changed from cooperative federalism to bargaining federalism. Collapse of congress system and emergence of coalition politics changed the face of Indian federalism. Chapter eight debates Indian federalism and highlights some challenges Indian federalism faces with special focus on Jammu and Kashmir.
Indian nation dreams development and development demands decentralization and a bottom top approach of power. 73rd and 74th Amendment Acts are worthy to be mentioned in this direction. These amendments act as milestones in bringing a second democratic upsurge in India by granting panchayat institutions a constitutional status. Local self institutions represent the ethos of democracy and act as the institutions for political socialization. Panchayati raj system is discussed in the ninth chapter of the book with special space provided to the panchayat raj system of Jammu and Kashmir.
The Constitution of India has undergone many a changes since its formation. Change is the law of nature. New situations demand either a change in the existing legal apparatus or altogether new laws. And constitutions that discourage change face the wrath of the time. The makers of the Indian constitution, while holding the sacredness’ of the constitution intact, empowered the Parliament to amend the constitution. The constitution at present stands amended almost hundred times. So procedure of amendment deserves a special mention. Tenth chapter deals with amendments and the procedure of amendment.
The last chapter discusses some of the important challenges Indian democracy confronts with. Moaism is one such challenge which needs a special mention along with communalism and regionalism.