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CIA HS ROA NC ICAD LEEMYINDIAN POLITYThe Constitution of India was drawn up by aConstituent Assembly. The Assembly met for thefirst time on December 9, 1946. It was not a trulyrepresentative body as its members were indirectlyelected by those who were themselves elected ona narrow franchise. The Assembly constituted aDrafting Committee, under the chairmanship ofDr.B.R.Ambedkar, to frame a constitution forIndia. Indian Constitution was adopted onNovember 26, 1949 and it came into effect onJanuary 26, 1950. It is the longest writtenConstitution in the world containing 395 Articles,22 Parts and 12 Schedules. During 60 years of itsexistence, Indian Constitution has undergoneseveral amendments and demand to review itcompletely has also been raised. But, inspite of allthese changes, the 'basic structure' of the IndianConstitution remains intact.Development of the Indian ConstitutionBritish rule in India ended on 15th August1947 and India emerged as an independent andsovereign republic. Certain features of IndianPolity or Constitution can be understood betterActs that facilitated constitutional developmentduring British rule Regulating Act, 1773 Amending Act, 1781 Pitt's India Act, 1784 Act of 1786 Charter Act, 1793 Charter Act, 1813 Charter Act, 1833 Charter Act, 1853 Government of India Act, 1858 Indian Councils Act, 1861 Indian Councils Act, 1892 Indian Councils Act, 1909 Government of India Act, 1919 Government of India Act, 1935 Indian Independence Act, 19475with a brief review of the constitutional set upin the preceding periods. As modern politicalinstitutions originated and developed in Indiamainly during the British rule, the origin andgrowth of the Indian Constitution has its rootsin the British period of Indian history. TheBritish came to India in the 17th century astraders. From 1773 onwards, various Acts werepassed by the British Government for the governance of India.MAIN PROVISIONS OFIMPORTANT ACTS PASSED INBRITISH INDIARegulating Act, 1773(i) First attempt by the British Parliament toregulate the affairs of the East India Company;(ii) Centralised the administration ofCompany's territories in India;(iii) Governor of Bengal was designated as theGovernor General of Bengal and Councilof 4 members was appointed for Bengal;(iv) Bombay and Madras Presidencies weresubordinated to Bengal Presidency;(v) Supreme Court was set up at Calcutta;and(viii) Company's servants were forbidden fromaccepting bribes or doing private trade.Amending Act, 1781:It settled the question of jurisdiction of theSupreme CourtPitt's India Act, 1784(i) It was the first effective substitution of Parliamentary Control over East India Company as it transferred the Indian affairs ofthe Company into the hands of the BritishGovernment; CHRONICLE IAS ACADEMY
(viii) Provision was made for appointment of LawCommission for codification of laws; and(ix) Slavery was abolished.Charter Act, 1853(i) For the first time a separate legislativemachinery consisting of 12-member Legislative Council was created;(ii) Law Member was made a full member ofthe Executive Council of the GovernorGeneral. Six additional members wereadded for legislative purposes; and(iii) Recruitment of Civil Services was based onopen annual competitive examination.CIA HS ROA NCA ICD LEEMY(ii) Abolished dual system of governance.(iii) Board of Control consisting of 6 Parliamentary Commissioners was constitutedto control civil, military and revenue affairs of India;(iv) Court of Directors had to comply with theorders and directions of the Board;(v) Strength of Governor-General's Councilreduced to 3;(vi) Control of Governor-General-in-Councilon Bombay and Madras Presidency wasenlarged and made more effective.Act of 1786:Governor-General became the Commanderin-Chief of Indian Forces.Charter Act, 1793(i) East India Company's monopoly over tradewas extended for 20 more years(ii) Expenses and salaries of the Board of Control to be charged on Indian Revenue; and(iii) Governor-General could over-ride hisCouncil.Charter Act, 1813(i) East India Company was deprived of itstrade monopoly in India except in tea andopium trade with China;(ii) All Englishmen could trade with Indiasubject to certain restrictions;(iii) Rules and procedures were made for useof Indian revenue; and(iv) A sum of Rs. 1 lakh was earmarkedannually for education.Charter Act, 1833(i) Governor-General of Bengal became theGovernor-General of India;(ii) Company was asked to close its businessat the earliest;(iii) It put an end on Company's trade monopoly even in tea and opium with China;(iv) Government of Madras and Bombay wasdeprived of legislative powers;(v) A fourth member (Law Member) was addedto the Council of Governor-General;(vi) Government Service was thrown open tothe people of India;(viii) All laws made by Governor General-inCouncil, henceforth came to be known asActs and not regulations; CHRONICLE IAS ACADEMYGovernment of India Act, 1858(i) Rule of company in India ended and thatof the Crown began;(ii) System of double government ended asboth the Court of Directors as well as theBoard of Control was abolished;(iii) Secretary of State for India was appointed.He was assisted by a 15-member Council(India Council). He was to exercise thepowers of the Crown;(iv) Secretary of State was to be a member ofthe British Cabinet;(v) Secretary of State governed India throughthe Governor General;(vi) Governor-General was to be called theViceroy and was the direct representativeof the Crown in India; and(vii) A unitary and highly-centralised administrative structure was created.WHAT DO YOU UNDERSTAND BY THE TERMS'DIARCHY' AND 'DEVOLUTION RULES'?In Indian administration, these terms were usedfor the first time in the Government of India Act, 1919(Montague-Chelmsford Reforms)Diarchy: It meant Dual Government The Provincialsubjects of administration were to be divided into twocategories -- "Transferred" and "Reserved". The transferred subjects were to be administrated by the Governor with the aid of Ministers responsible to the Legislative Council. The reserved subjects were to beadministered by the Governor and his Executive Council without any responsibility towards the Legislature.Devolution Rules: Through these Rules, subjectsof administration were divided into two categories -"Central" and "Provincial". Subjects of all-India importance (like Railways, Finance) were brought under the category of Central, while matters relating tothe administration of the provinces were classifiedas provincial.6
Indian Councils Act, 1861Government of India Act, 1935(i) It provided for the establishment of an AllIndia Federation consisting of the BritishProvinces and the Princely States. Thejoining of Princely States was voluntary.The Federation never came into being.(ii) Diarchy was introduced at the Centre.Diarchy in Provinces was replaced by'Provincial Autonomy' and they weregranted separate legal identity. Responsible governments were set up in Statesunder Prime (Chief) Ministers elected byLegislatures;(iii) Governor was given special responsibilities (or discretion) in several matters;CIA HS ROA NC ICAD LEEMY(i) Policy of Association of Indians in legislation started;(ii) Portfolio system was introduced;(iii) For legislation; Executive Council of Viceroy was enlarged by 6 to 12 memberscomposed of half non-official members.Thus foundation of Indian Legislature waslaid down;(iv) Legislative powers of the Presidency Governments, abolished in 1833, wererestored; and(v) Viceroy could issue ordinances in case ofemergency.(iv) Communal representation was extendedto Sikhs;(v) Secretary of State for India was now to bepaid from British revenue; and(vi) Diarchy was introduced in provinces bydividing subjects of administration betweenofficial members and elected members.Indian Councils Act, 1892:It was the beginning of representative system in India.(i) Though the majority of official memberswas retained, the non-official members ofthe Indian Legislative Council were henceforth to be nominated by the Bengal Chamber of Commerce and the Provincial Legislative Councils.(ii) Non-official members of the ProvincialCouncil were to be nominated by certainlocal bodies such as universities, districtboards, municipalities, etc.; and(iii) Councils were given the power to discussbudget and to question the Executive.Indian Councils Act, 1909:Also known as the Morley-Minto Reforms(i) Introduced, for the first time, an elementof elections to the Legislative Councils;(ii) In Provincial Legislative Councils, nonofficial members were to be in majority;and(iii) This Act introduced the system of separateelectorates (for Muslims).Government of India Act, 1919:Popularly known as Montague-ChelmsfordReforms(i) The idea of "Responsible Government"was stressed;(ii) Office of the High Commissioner of Indiawas created in London;(iii) Indian Legislature became "bicameral" forthe first time;7SOURCES OF INDIANCONSTITUTION1. Seminal Sources: Constituent Assembly Debates Reports of Committees of the Constituent Assembly Nehru Report Lahore Session of the Indian National Congress Objectives Resolution Government of India Act, 1935 Impact of various Constitutions2. Developmental Sources: Amendments of the Constitution Judicial Decisions Parliamentary Statutes Commentaries of Constitutional Experts Rules, Regulations, Ordinances, etc. Constitutional Practices(iv) Three-fold division of powers was doneFederal, Provincial and Concurrent Lists.Residuary powers were to be with theGovernor-General;(v) The India Council of Secretary of State forIndia was abolished;(vi) Principle of separate electorate was extended further to include Anglo-Indians,Indian Christians and Europeans also; and(vii) A Federal Court was to be constitutedwith a Chief Justice and 10 other Judges.This was set up in 1937. CHRONICLE IAS ACADEMY
Indian Independence Act, 1947:ON WHAT POINTS THE INDIAN CONSTITUTIONIS INFLUENCED BY THE ACT OF 1935?The Indian Constitution has been influenced by theGovernment of India Act, 1935 on the following points:(i) Federal set-up;(ii) Distribution of powers in three lists;(iii) Provincial autonomy;(iv) Office of the Governor;(v) Bicameral legislature;(vi) President's or Governor's power to issue ordinances; and(vii) Structure of the Supreme Court.CIA HS ROA NCA ICD LEEMYThis Act did not lay down any provision forthe administration of India but merely stated thatfrom the "appointed date (Aug. 15, 1947), inplace of India as defined in the Government ofIndia Act, 1935, there would be two independentDominions to be known as "India" and Pakistan", and the Constituent Assembly of eachDominion would have unlimited powers to frameand adopt any Constitution, and to repeal anyAct of the British Parliament."SOURCES OF INDIAN CONSTITUTIONThe sources of Indian Constitution includethe imaginative aspirations of the nationalistleaders, the actual working of the Governmentof India Act, 1935, and the experience gainedfrom the actual working of some of the Constitutions of important countries of the world.Moreover, its sources include not only the sourcesupon which the founding fathers of our Constitution drew but also the developmental sourcessuch as the judicial decisions, constitutionalamendments, constitutional practices and soon. The sources of the Indian Constitution canthus be divided into the following two categories:1. Seminal SourcesConstituent Assembly Debates: Constituent Assembly was constituted under the Cabinet Mission Plan to frame the Indian Constitution. Its members included distinguished lawyers, intellectuals and patriots who took twoyears, eleven months and eighteen days toprepare the Constitution. During the course ofthis period, debates on all the aspects of theConstitution were held in a free and fair manner. These debates produced an intelligent opinion in the light of which every word of theConstitution was screened carefully and intelligently.Reports of Committees of the ConstituentAssembly: The Constituent Assembly appointedvarious types of committees to make reports ondifferent aspects. Some of the most importantcommittees included Union Powers Committees, Union Constitution Committee, ProvincialConstitution Committee, etc. Advisory Committed on the rights of citizens, minorities and tribal CHRONICLE IAS ACADEMYand excluded areas ad hoc Committee regarding the Supreme Court Committee on financialrelations between the Union and States. Thereports of these committees were thoroughlydiscussed in the Drafting Committee. It was onthe basis of the reports made by such committees that the draft of the Constitution wasprepared.Nehru Report: The British Government hadannounced the formation of the Simon Commission for making a report on the working of heGovernment of India Act, 1919 and suggestconstitutional measures required for the efficientadministration of Indian. The Congress decidedto boycott this Commission because no Indianwas taken on it. Instead it announced the formation of a committee under the leadership ofMotilal Nehru to make recommendations aboutthe desired constitutional set up for India. TheCommittee made certain recommendations whichare known as the Nehru Report. The mainClauses of this Report were : (i) grant of Empire;(ii) Creation of a federal structure for India (iii)bicameralism at the Centre; (iv) Parliamentaryand responsible Government in Provinces; (v)guarantee of Fundamental Right; and (vi) establishment of Supreme Court as the final court ofappeal.Lahore Session of the Congress: The Congress at its Lahore session held in 1929 resolvedto make India a Republic.Objectives Resolution: Jawharlal Lal Nehrumoved in the Constituent Assembly the Objectives Resolution embodying the aspirations ofnationalist India. The Objectives Resolution clearlyspelled out making India a sovereign republic8
impact upon the powers of the President aswell as on provisions related to Emergency.(6) Canadian Constitution: Indian Constitution borrowed the provisions of a strongnation; the name of Union of India; andvesting residuary powers with the Union;from Canada.(7) South African Constitution: The procedureof amendment with a two-thirds majority inParliament and the election of the membersof the Rajya Sabha on the basis of proportional representation by the State Legislatures have been borrowed from the Constitution of South Africa.CIA HS ROA NC ICAD LEEMYwhere the ultimate supreme power should bevested with the people. It stated that the peoplewould get social, economic and political justice,liberties of all types and equality. Upliftment of thebackward people and areas would be ensuredand the structure of the country would be federal.Government of India Act 1935: At the timethe Constitution for free India was being framed,India was governed by the Government of IndiaAct, 1935. The fathers of the Indian Constitution drew heavily on the experience and theprovisions of this Act. According to Jennings "The Constitution derives directly from the Government of India Act, 1935 from which, in fact,many of its provision are copied textually."Impact of Various Constitutions: The founding fathers of the Indian Constitution were wiseenough to borrow from the experience gainedin the working of various other Constitutions.It is on this account that the Constitution ofIndia is regarded as a bag of borrowing from thevarious working Constitutions.(1) British Constitution: The British Constitution (Mother of all Constitution) had itsimpact in the following respects; (i) Constitutional head of State (ii) Lower House ofParliament (Lok Sabha) is more powerfulthan the Upper House; (iii) Responsibility ofCouncil of Ministers towards Parliament;(iv) Parliamentary system of Government ;and (v) Prevalence of Rule of Law.(2) US Constitution: The Constitution of theUnited States had its impact in followingrespects: (i) Preamble of the Constitution(ii) Provision of Fundamental Rights;(iii) Functions of the Vice-President. (iv)Amendment of the Constitution; (v) Natureand functions of he Supreme Court; and (vi)Independence of Judiciary.(3) Australian Constitution: Australian Constitution gave us a long list of concurrentpowers and the procedure for solving deadlock over concurrent subjects between theCentre and the States.(4) Irish Constitution: The Irish Constitutiongave us the Directive Principles of StatePolicy and the method of nominating members of the Rajya Sabha.(5) Weimer Constitution of Germany: TheWeimer Constitution of Germany had its92. Development SourcesIndian Constitution is not a static document.It has grown with the changing needs. Thusamendments, judicial decisions, political practices, parliamentary statutes, rules, regulationsand ordinances are the developmental sourcesof the Constitution.Amendments of the Constitution: During thecourse of 60 years the Constitution has beenamended about 94 times and a few other amendments are in the pipeline. In this way, the presentshape of the Constitution is quite different from theoriginal document. The 42nd Amendment made itclear that the Indian Constitution is more flexiblethan rigid. This Amendment is often termed as 'themini Constitution of India' due to enormous changesit effected to the Indian Constitution.Judicial Decisions: The judicial decisionsgiven by the Supreme Court on important issueshave added new dimensions to the Constitution. It is in the light of such decisions thatfurther constitutional amendments are made inthe Constitution. Some of the most importantjudicial decisions are:(i) Gopalan vs. State of Madras;(ii) State of Madras vs. Champakam;(iii) Golak Nath vs. State of Punjab; and(iv) Keshavanand Bharti vs. Kerala State.Parliamentary Statutes: Parliament has alsomade various statues for furnishing details of thevarious Articles contained in the Constitution. Itis the Constitution which itself empowers theParliament to enact laws on certain Articles fordetails. These statues are considered as constitutional laws. Without their existence, a detailedstudy of the Constitution is not possible. CHRONICLE IAS ACADEMY
Constituent Assembly, which had been electedfor undivided India and held its first sitting onDec. 9, 1946, reassembled on Aug. 14, 1947, asthe sovereign Constituent Assembly for theDominion of India. As a result of the partitionunder the Plan of June 3, 1947, a separateConstituent Assembly was set up for Pakistan.The representatives of Bengal, Punjab, Sind,North-Western Frontier Province, Baluchistanand the Sylhet district of Assam (which hadjoined Pakistan by a referendum) ceased to bemembers of the Constituent Assembly of India,and there was a fresh election in the newProvinces of West Bengal and East Punjab.(Hence, when the Constituent Assembly reassembled on Oct. 31,1947) the membership of theHouse was reduced to 299. Of these 284 wereactually present on Nov. 26, 1949, andappended their signatures to the Constitutionthat was finally passed. President of the Constitution Assembly was Dr. Rajandra Prasad.CIA HS ROA NCA ICD LEEMYCommentaries of Constitutional Experts:While interpreting the Constitution, the viewsof the distinguished constitutional experts,whether Indian or foreign, enjoy special importance. The most notable constitutional expertsare Jennings, Gledhill, Alexandrowit, D.D. Basu,Palkhiwala, V.N. Shukla, etc. Their views arenot given legal recognition but due regard ispaid to them by the judges. Moreover, truesignificance of any provision of the Constitutioncan be understood in the light of their views.Rules, Regulations, Ordinances, etc.: EachHouse of the Parliament is empowered to makerules for its efficient working. The President has alsogot the right to make rules for fixing the constitutional subjects. President of India is also empowered to make rules with respect to the condition ofservices of the members of the Union Public ServiceCommission. He can also frame rules to establishpeace and efficient administration of the UnionTerritories. Above all, the President has also thepower to issue ordinances when Parliament is notin session. All these rules, regulations and ordinances serve as sources of the Constitution.Constitutional Practices: Although theConstitution of India is the most detailed in theworld, still certain practices independent of theConstitution have developed in India.A few examples of such a practice can beenumerated as follows: The Central Government takes before handthe advice of the State Government in theappointment of its Governor. Governor can be recalled by the CentralGovernment on the advice of the State Government concerned. Governor should not belong to the state towhich he is appointed. One of the judges of the Supreme Courtmust belong to the minority community. The senior most judge of the Supreme Courtshould be appointed as the Chief Justice ofIndia. The leader of the majority party in Loksabha is appointed as the Prime Minister.FRAMING OF INDIAN CONSTITUTIONIt was under the Cabinet Mission Plan of1946 that the Constituent Assembly was constituted to frame a Constitution for India. The CHRONICLE IAS ACADEMYMEMBERS OF THEDRAFTING COMMITTEE1.2.3.4.5.6.7.Dr. B.R.Ambedkar (Chairman)N. Gopalaswamy AyyanagarAlladi Krishnaswamy AyyarK.M. MunshiMohd. Saadullah,B.L. Mitter (later replaced by N. Madhava Rao)Dr. D.P.Khaitan (replaced on death by T.T.Krishnamachari)HOW THE CONSTITUENT ASSEMBLY OF INDIAWAS CONSTITUTED?The Constituent Assembly of India was electedthrough indirect election by the members of the Provincial Legislative Assembly (Lower House only), accordingto the scheme recommended by the Cabinet Delegation. The essentials of this scheme were as follows:(i) The Provinces elected 292 members; while the Indian States were allotted a maximum of 93 seats.(ii) The seats in each province were distributed amongthe three main committees Muslim, Sikh, and General, in proportion to their respective population.(iii) Members of each community in the Provincial Legislative Assembly elected their own representativesby the method of proportional representation withsingle transferable vote.(iv) The method of selection in the case of representativesof Indian States was to be determined by nomination.Acceptance of the Constitution: On Aug.29, 1947, the Constituent Assembly appointeda Drafting Committee under the chairmanshipof Dr. Ambedkar. This committee came outwith a draft Constitution of India in Feb. 1948.10
the policies which the Constitution enjoins uponthe rulers of the Community to follow. TheConstitution of India reflects the impact of ourideology in the following spheres:(i) Democracy: We have borrowed the modernform of democracy from the West. Underthis system, democracy means the periodicresponsibilities of the Government to go tothe people. For this purpose; elections havebeen held every five-year to elect a Government by the people. However, democracycovers even the economic and social aspectsof life. This aspect of democracy is wellreflected in the Directive Principles of StatePolicy. They are aimed at human welfare,co-operation, international brotherhood andso on.(ii) Secularism: Secularism is the hallmark ofthe Indian Constitution. People professingdifferent religions have the freedom of religious worship of their own choice. All thereligions have been treated alike. The factappreciated in India was that all religionslove humanity and uphold truth. All thesocial reformers and political leaders of modern Indian have advocated religious tolerance, religious freedom and equal respect forall the religions. This very principle has beenadopted in the Constitution of India whereall religions enjoy equal respect. However,the word 'secularism' was nowhere mentioned in the Constitution as adopted in1949. The word 'secularism' has now beenadded to the Preamble to the Constitutionthrough the 42nd Amendment passed in1976.(iii) Socialism: Socialism is not new to India.Vedanta philosophy has socialism in it. Thenational struggle for freedom had this aimalso in view. Jawaharlal Nehru referred tohimself as a socialist and republican. Almostall the parties in India profess to promotedemocratic socialism. These principles areincluded in the Directive Principles of StatePolicy. However, to lay emphasis on thisaspect, the word 'socialism' was specificallyadded to the Preamble to the Constitutionthrough the 42nd Amendment.(iv) Decentralization: India has always practised decentralisation through thePanchayat system. Mahatma Gandhi alsoCIA HS ROA NC ICAD LEEMYThe Constituent Assembly next met in Nov.1948 to consider the provisions of the DraftCommittee, clause by clause. The second reading of the clauses was completed by Oct. 17,1949, and the third reading on Nov. 26, 1949,when the Constitution received the signatureof the President of the Assembly and wasdeclared as passed. While certain provisions ofthe constitution - those relating to citizenship,elections, provisional Parliament, etc. weregiven immediate effect, the rest of the Constitution came into force on Jan. 26, 1950 becausethe Congress had been celebrating Independence Day on January 26 every year since1930. The Constituent Assembly itself becamethe first provisional parliament. The first elections to parliament were held in 1952.PHILOSOPHY OF INDIANCONSTITUTIONOn January 22, 1947 the Constituent Assembly adopted the Objectives Resolution draftedby Jawaharlal Nehru. The Objective Resolutioncontained the fundamental propositions of theConstitution and set forth the political ideasthat should guide its deliberations. The mainprinciples of the resolution were:1. India is to be an independent, sovereignrepublic.2. It is to be a democratic union with an equallevel of self-government in all the constituentparts;3. All power and the authority of the UnionGovernment and governments of the constituent parts is derived from the people;4. The Constitution must strive to obtain andguarantee to the people justice based uponsocial, economic and political equality ofopportunity and equality before law;5. There should be freedom of thought, expression, belief, faith, worship, vocation,association and action;6. The Constitution must provide just rights forminorities, and people from backward and tribalareas, etc. so that they can be equal participantsof social, economic and political justice7. The Constitution should secure for India, adue place in the community of nations.The philosophy of a Constitution consists ofthe ideals for which the constitution stands and11 CHRONICLE IAS ACADEMY
(x)everyone is sought to be achieved. ThePreamble to the Indian Constitution andthe Directive Principles of State Policyrepresent this ideal.Gandhism: Gandhism represents an ethicaland moral India. Gandhi set a new exampleof fighting foreign rule through non-violence.He taught the importance of non-violenceand truth. He advocated untouchability,cottage industry, prohibition, adult education and the uplift of villages. He wanted asociety free of exploitation and decentralisedin character. All these Gandhian principleshave found an honourable place in theConstitution of India.CIA HS ROA NCA ICD LEEMYadvocated decentralisation. It is on thisaccount that he is regarded as a philosophical anarchist. We have introducedthe Panchayati Raj system in India toachieve the objective of decentralisation.The concept of cottage industries as laiddown in the Directive Principles of StatePolicy also refers to decentralisation.(v) Mixed Economy: Co-existence is a salientfeature of our ideology. Co-existence hasmanifested itself through a mixed systemof economy. In this system we have allowed both the private and public sectorsof economy to work simultaneously. Largescale and essential industries have beenput in the public sector.(vi) Humanism: Humanism is a salient featureof Indian ideology. Indian ideology regardsthe whole humanity as one big family. Itbelieves in resolving international disputesthrough mutual negotiations. This is whatwe find in the Directive Principles of StatePolicy.(vii) Spiritualism: Spiritualism refers to whatinspires and promotes the people to betheir best selves. It creates a feeling ofsacrifice, peace, non-violence, tolerance andcooperation. It is the basic feature of Indianphilosophy. We have tried to achieve thisthrough equality in all spheres of life. Thisleads to social welfare.(viii) Liberalism: Liberalism does not refer tothe Western concept of liberalism. It refers,in the Indian context, to self government,secularism, nationalism, economic reforms,constitutional approach, and representative institutions etc. all these concepts wereadvocated by the modern Indian leaders.All these elements have been incorporatedin the Indian Constitution by virtue ofwhich we want to establish a Welfare Statein India. Everything has to be achievedthrough constitutional means.(ix) Sarvodaya: Sarvodaya refers to the welfare of all. It is different from the welfareof the majority. It seeks to achieve thewelfare of all without exception. It isreferred to as Ram Rajya. The concept ofSarvodaya was developed by MahatmaGandhi, Acharya Vinoba Bhave and J.Narayan under which the material, spiritual, moral and mental developement of CHRONICLE IAS ACADEMYWHAT IS THE DIFFERENCE BETWEEN 'INDIAN'AND 'AMERICAN' JUDICIAL REVIEW?Based on the principle of Judicial Review, the American Supreme Court has acquired the power to so interpret the Constitution that it has come to be known asthe third chamber of the Constitution, whereas, in Indiathe Supreme Court does not enjoy the power of addingto the Constitution but it can only strike down any act orany legislation on the ground that it is contrary to thebasic framework of the Constitution or violative of theprocedure established by law.As the Indian Constitution stands today, the judiciary in India has the right to review legislative enactments a
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