ACCOUNTABILITY

Definition : According to Tisne, Broadly speaking, accountability refers to the process of holding actors responsible for their actions. More specifically, it is the concept that individuals, agencies and organizations (public, private and civil society) are held responsible for executing their powers according to a certain standard (whether set mutually or not).

The responsibility of public officials for the action of their office, so that the actions are in accordance to the mandate of constitution of the office, lawful powers of the government. By general consensus, accountability ideally involves both answerability – the responsibility of duty – bearers to provide information and justification about their actions – and enforceability – the possibility of penalties or consequences for failing to answer accountability claims.

Features of Accountability:

  • Accountability is always a post-facto phenomenon, because the official will be liable only after committing a particular act.
  • Is an organizational imperative or necessity, because it helps in the lawful exercise of state power and creates basis of performance of public officials in terms of goals of organizations.
  • As a feature of public administration, is strengthened by system of punitive actions in case of wrong-doing.
  • Integral to administrative responsibility, because the entire administrative machinery is answerable to public.
  • Makes administrative machinery achievement oriented, it creates a motivational influence.
  • Is responsible for efficient usage of organizational resources including its financial resources to realize its goals. Also lawful use of public funds is guaranteed.
  • Ensures maintenance of proper intra-governmental and inter-governmental relations.

There are two types of accountability in a democracy.

  • Horizontal Accountability: Institutions of state to check other institutions of state judiciary. Acts as check against misuse of powers by executive legislature against judiciary.
    • Horizontal accountability protects democracy and democratic institutions and principles
  • Vertical Accountability: Accountability of all organizations of the government to the people. Direct accountability of people by grievance redressal scheme via citizen government groups, media etc.
    • Vertical accountability ensures rights of people are protected.

Purposes of civil services accountability including administrative accountability:

  • Ensures public policies are made in the best interest of the nation or public
  • Ensures timely commissioning of projects and timely delivery of public services.
  • Set standards of performance and evaluate whether administrative machinery is able to achieve these standards.
  • To reduce to a minimum of the exercise of discretionary power and the discretionary power is transparent, fair and meets standards of equity.
  • To make open and transparent the government as far as possible.

Points of accountability:

  • Parliament via parliament to people.
  • Financial accountability, accountable to the audit machinery of state and also certain institutions like public accounts committee.
  • Accountability to vigilance institutions, primarily to deal with corruption, favoritism etc. Eg: CBI, Central Vigilance Commissions, courts etc.
  • Social Accountability: is to engage civil societies by state so that services are demand-driven rather than supply-driven, and where people are empowered to external accountability from service providers, and they are accountable for defective services provided.
  • Accountability to judiciary where the judiciary acts as a watch-dog of the constitution and other democratic institutions by PIL, judicial activism etc.

# Social Accountability: can be defined as an approach towards building accountability that relies on civic engagement, i.e., in which it is ordinary citizens and/or civil society organizations who participate directly or indirectly in exacting accountability.

This is primarily confined to socio-economic developmental programs of the state but not necessarily to the administrative programs of the state. Also related to programs like state education, environment projects.

Social accountability as a means to certain ends can be summarized by the following:

  • Social accountability improves the quality of governance.
  • Social accountability contributes to increased development effectiveness.
  • Social accountability initiatives can lead to empowerment.

# Public Interest Litigation (PIL) : is litigation for the protection of the public interest. In Indian law, Article 32 of the Indian constitution contains a tool which directly joints the public with judiciary. A PIL may be introduced in a court of law by the court itself (suomoto), rather than the aggrieved party or another third party.

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What is Secularism?

The Indian constitution allows individuals the freedom to live by their religious beliefs and practices as they interpret these. In keeping with this idea of religious freedom for all, India also adopted a strategy of separating the power of religion and the power of the State. Secularism refers to this separation of religion from the State.

Why is it important to separate religion from the state?

  • The most important aspect of secularism is its separation of religion from State power. This is important for a country to function democratically. Almost in all countries of the world, there will be some majority religious groups and minorities. This tyranny of the majority could result in the discrimination, coercion and at times even the killing of religious minorities. The majority could quite easily prevent minorities from practicing their religions. Any form of domination based on religion is in violation of the rights that a democratic society guarantees to each and every citizen irrespective of their religion. Therefore, the tyranny of the majority and the violation of Fundamental Rights that can result is one reason why it is important to separate the State and religion in democratic societies.
  • There is a need to protect the freedom of individuals to exit from their religion, embrace another religion or have the freedom to interpret religious teachings differently.

What is Indian Secularism?

The Indian Constitution mandates that the Indian State be secular. According to the Constitution, only a secular State can realize its objectives to ensure the following:

  • that one religious community does not dominate another;
  • that some members do not dominate other members of the same religious community;
  • that the State does not enforce any particular religion nor take away the religious freedom of individuals.

The various ways in which Indian state works to prevent these dominations:

  • India uses a strategy of distancing itself from religion.
  • The Indian State is not ruled by a religious group and nor does it support any one religion.
  • In India, government spaces like law courts, police stations, government schools and offices are not supposed to display or promote any one religion.
  • Through a strategy of non-interference.
  • This means that in order to respect the sentiments of all religions and not interfere with religious practices, the State makes certain exceptions for particular religious communities.
  • through a strategy of intervention
  • the state intervenes in religion in order to end a social practice that it believes discriminates and excludes, and that violates the Fundamental Right of ‘lower castes’ who are citizens of this country.
  • to ensure that laws relating to equal inheritance rights are respected, the State may have to intervene in the religion-based ‘personal laws’ of communities.
  • to ensure that laws relating to equal inheritance rights are respected, the State may have to intervene in the religion-based ‘personal laws’ of communities.

In what way is Indian secularism different from that of other democratic countries?

  • unlike the strict separation between religion and the State in American secularism, in Indian secularism the State can intervene in religious affairs.

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Why a country does needs a constitution?

  • First, it lays out certain ideals that form the basis of the kind of country that we as citizens aspire to live in. A constitution helps serve as a set of rules and principles that all persons in a country can agree upon as basis of the way in which they want the country to be governed. This includes not only the type of government but also an agreement on certain ideals that they all believe the country should uphold.
  • The second important purpose of a constitution is to define the nature of a country’s political system. In countries that have adopted a democratic form of government or polity, the Constitution plays a crucial role in laying out certain important guidelines that govern decision-making within these societies. In democratic societies, the Constitution often lays down rules that guard against this misuse of power by our political leaders.
  • Another important function that a constitution plays in a democracy is to ensure that a dominant group does not use its power against other, less powerful people or groups. The constitution usually contains rules that ensure that minorities are not excluded from anything that is routinely available to the majority.
  • The constitution helps to protect us against certain decisions that we might take that could have an adverse effect on the larger principles that the country believes in.

The Indian Constitution: Key Features

  1. Federalism: This refers to the existence of more than one level of government in the country. Under federalism, the states are not merely agents of the federal government but draw their authority from the Constitution as well. All persons in India are governed by laws and policies made by each of the levels of government.
  2. Parliamentary Form of Government: The Constitution of India guarantees universal adult suffrage for all citizens.
  3. Separation of Powers: According to the Constitution, there are three organs of the state. These are the legislature, the executive and the judiciary. The legislature refers to our elected representatives. The executive is a smaller group of people who are responsible for implementing laws and running the government. The judiciary refers to the system of courts in this country. In order to prevent the misuse of power by any one branch of the State, the constitution says that each of these organs should exercise different powers. Through this, each organ acts as a check on the other organs of the State and this ensures the balance of power between all three.
  4. Fundamental Rights: the section on Fundamental Right has often been referred to as the ‘conscience’ of the Indian constitution. Fundamental Rights, therefore, protect citizens against the arbitrary and absolute exercise of power by the State. The Constitution, thus, guarantees the rights of individuals against the State as well as against other individuals. The Constitution also guarantees the rights of minorities against the majority. The object of fundamental rights is two-fold. The first objective is that every citizen must be in a position to claim those rights. And secondly, these rights must be binding upon every authority that has got the power to make laws.

In addition to Fundamental Rights, the constitution also has a section called Directive Principles of State Policy. This section was designed by the members of the Constituent Assembly to ensure greater social and economic reform, and to serve as a guide to the independent Indian State to institute laws and policies that help reduce the poverty of the masses.

The Fundamental Rights in the Indian Constitution include:

a) Right to Equality: All persons are equal before the law. This means that all persons shall be equally protected by the laws of the country. It also states that no citizen can be discriminated against on the basis of their religion, caste or sex. Every person has access to all public places including playgrounds, hotels, shops etc. The State cannot discriminate against anyone in matters of employment. The practice of untouchability has also been abolished.

b) Right to Freedom: This includes the right to freedom of speech and expression, the right to form associations, the right to move freely and reside in any part of the country, and the right to practice any profession, occupation or business

c) Right against Exploitation: The Constitution prohibits trafficking, forced labor, and children working under 14 years of age.

d) Right to Freedom of Religion: Religious freedom is provided to all citizens. Every person has the right to practice, profess and propagate the religion of their choice.

e) Cultural and Educational Rights: The Constitution states that all minorities, religious or linguistic, can set up their own educational institutions in order to preserve and develop their own culture.

f) Right to Constitutional Remedies: This allows citizens to move the court if they believe that any of their Fundamental Rights have been violated by the State.

      5. Secularism: A secular state is one in which the state does not officially promote any one religion as the state religion.

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Bill of Rights:

A democracy must ensure that individuals have certain rights and that the government will always recognize these rights. Therefore it is often a practice in most democratic countries to list the rights of the citizens in the constitution itself. Such a list of rights mentioned and protected by the constitution is called the ‘bill of rights’. A bill of rights prohibits government from thus acting against the rights of the individuals and ensures a remedy in case there is violation of these rights.

Fundamental Rights in the Indian Constitution:

  • The Constitution listed the rights that would be specially protected and called them ‘Fundamental Rights’.
  • The word Fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection.
  • The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the Government.
  • While ordinary legal rights are protected and enforced by ordinary law, fundamental rights are protected and guaranteed by the constitution of the country.
  • Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself.
  • Judiciary has the powers and responsibility to protect the fundamental rights from violations by actions of the government. Executive as well as legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or restrict them in an unreasonable manner.
  • Fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.

Constitution of India Part III: Fundamental Rights

  • Right to Equality
  • Equality before law
  • Equal protection of laws
  • Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
  • Equal access to shops, hotels, wells, tanks, bathing ghats, roads etc.
  • Equality of opportunity in public employment
  • Abolition of Untouchability
  • Abolition of titles
  • Right to Freedom
  • Protection of Right to
  • Freedom of speech and expression;
  • Assemble peacefully;
  • Form associations/unions;
  • Move freely throughout the territory of India;
  • Reside and settle in any part of India;
  • Practice any profession, or to carry on any occupation, trade or business
  • Protection in respect of conviction for offences
  • Right to life and personal liberty
  • Right to education
  • Protection against arrest and detention in certain cases
  • Right against Exploitation
  • Prohibition of traffic in human beings and forced labor
  • Prohibition of employment of children in hazardous jobs
  • Right to Freedom of Religion
  • Freedom of conscience and free profession, practice and propagation of religion
  • Freedom to manage religious affairs
  • Freedom to pay taxes for promotion of any particular religion
  • Freedom to attend religious instruction or worship in certain educational institutions
  • Cultural and Educational Rights
  • Protection of language, culture of minorities
  • Right of minorities to establish educational institutions
  • Right to Constitutional Remedies
  • Right to move the courts to issue directions/orders/writs for enforcement of rights.

Right to Equality:

Article 16(4): Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which in the opinion of the State, is not adequately represented in the services under the State.

Article 21: Protection of life and personal liberty – No person shall be deprived of his life or personal liberty except according to procedure established by law.

Right to Freedom:

  • Equality and freedom or liberty, are the two rights that are most essential to a democracy.
  • Right to life and personal liberty:
  • The foremost right among rights to freedom is the right to life and personal liberty. No citizen can be denied his or her life except by procedure as laid down under the law.
  • Similarly no one can be denied his/her personal liberty. That means no one can be arrested without being told the grounds for such an arrest.
  • The Supreme Court has ruled that this right also includes right to live with human dignity, free from exploitation.
  • The court has held that right to shelter and livelihood is also included in the right to life because no person can live without the means of living, that is, the means of livelihood.
  • Preventive Detention: If the government feels that a person can be a threat to law and order or to the peace and security of the nation, it can detain or arrest that person. This is known as Preventive Detention. This can be extended only for three months. After 3 months such a case is brought before and advisory board for review.
  • The other rights under the right to freedom are not absolute. Each of these is subject to restrictions imposed by the government. Ex: Right to freedom of speech and expression, freedom to assemble.
  • Rights of accused: Our constitution ensures that persons accused of various offences would also get sufficient protection. To ensure a fair trial in courts, the Constitution has provided three rights:
  • No person would be punished for the same offence more than once,
  • No law shall declare any action as illegal from a backdate and
  • No person shall be asked to give evidence against himself or herself

Right against Exploitation: Begar or forced labor as well as trafficking of human beings are prohibited under the Constitution. The constitution also forbids employment of children below the age of 14 years in dangerous jobs like factories and mines.

Right to Freedom of Religion: According to our Constitution, everyone enjoys the right to follow the religion of his or her choice. This freedom is considered as a hallmark of democracy.

  • Freedom of faith and worship;
  • In India, everyone is free to choose a religion and practice that religion
  • Freedom of religion also includes the freedom of conscience.
  • Freedom of religion is subject to certain limitations. The government can impose restrictions on the practice of freedom of religion in order to protect public order, morality and health.
  • The government can interfere in religious matters for rooting out certain social evils.
  • The Constitution does not allow forcible conversions. It only gives us the right to spread information about our religion and thus attracts others to it.

Cultural and Educational Rights:

  • Our constitution believes that diversity is our strength. Therefore, one of the fundamental rights is the right of the minorities to maintain their culture. This minority status is not dependent only upon religion. Linguistic and cultural minorities are also included in this provision
  • Minorities are groups that have common language or religion and in a particular part of the country or in the country as a whole, they are outnumbered by some other social section. Such communities have a culture, language and a script of their own, and have the right to conserve and develop these.
  • All minorities, religious or linguistic, can set up their own educational institutions. By doing so, they can preserve their own culture. The government will not discriminate on any basis while granting aid to educational institutions.

Right to Constitutional Remedies: This is a means through which fundamental rights could be realized in practice and defended against any attack on these rights. Dr. Ambedkar considered the right to constitutional remedies as ‘heart and soul of the constitution’. It is so because this right gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation.

The Courts can issue various special orders known as writs for the enforcement of rights.

  • Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.
  • Mandamus: This writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.
  • Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction.
  • Quo Warranto: If the court finds that a person is holding office but is not entitled to hold that office, it issues the writ of quo warranto and restricts that person from acting as an office holder.
  • Certiorari: Under this writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.

National Human Rights Commission (NHRC)

The real test of the rights given by any constitution is in their actual implementation. The poor, illiterate and the deprived sections of the society must be able to exercise their rights. Independent organisations like the People’s Union for Civil Liberties (PUCL) or People’s Union for Democratic Rights (PUDR) have been working as watchdogs against the violations of rights. In this background, the government has established in 1993 an institution, the National Human Rights Commission.

The National Human Rights Commission (NHRC) is composed of a former chief justice of the Supreme Court of India, a former judge of the Supreme Court, a former chief justice of a High Court and two other members who have knowledge and practical experience in matters relating to human rights.

The Commission’s functions include inquiry at its own initiative or on a petition presented to it by a victim into complaint of violation of human rights; visit to jails to study the condition of the inmates; undertaking and promoting research in the field of human rights, etc.

The Commission does not have the power of prosecution. It can merely make recommendations to the government or recommend to the courts to initiate proceedings based on the inquiry that it conducts.

DIRECTIVE PRINCIPLES OF STATE POLICY

Some guidelines were incorporated in the Constitution but they were not made legally enforceable: this means that if a government did not implement a particular guideline, we cannot go to the court asking the court to instruct the government to implement

that policy. Thus, these guidelines are ‘non-justiciable’ i.e., parts of the Constitution that cannot be enforced by the judiciary. Those who framed our Constitution thought that the moral force behind these guidelines would ensure that the government would take them seriously. Besides, they expected that the people would also hold the governments responsible for implementing these directives. So, a separate list of policy guidelines is included in the Constitution. The list of these guidelines is called the Directive Principles of State Policy.

What do the Directive Principles contain?

The chapter on Directive Principles lists mainly three things:

  • the goals and objectives that we as a society should adopt;
  • certain rights that individuals should enjoy apart from the Fundamental Rights; and
  • certain policies that the government should adopt.

Goals of Directive Principles:

  • Welfare of the people; Social, economic and political justice;
  • Raising the standard of living; equitable distribution of resources;
  • Promotion of international peace

Policies:

  • Uniform civil code;
  • Prohibition of consumption of alcoholic liquor;
  • Promotion of cottage industries;
  • Prevention of slaughter of useful cattle;
  • Promotion of village panchayats

Non-Justiciable rights:

  • Adequate livelihood
  • Equal pay for equal work for men and women
  • Right against economic exploitation
  • Right to work
  • Early childhood care and education to children below the age of six years.

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

It is possible to see both Fundamental Rights and Directive Principles as complementary to each other. Fundamental Rights restrain the government from doing certain things while Directive Principles exhort the government to do certain things. Fundamental Rights mainly protect the rights of individuals while directive principles ensure the well-being of the entire society

However, at times, when government intends to implement Directive Principles of State Policy, it can come in conflict with the Fundamental Rights of the citizens.

The government was saying that Parliament can amend any part of the Constitution. The court was saying that Parliament cannot make an amendment that violated Fundamental Rights. This controversy was settled by an important decision of the Supreme Court in Kesavananda Bharati case. In this case, the court said that there are certain basic features of the Constitution and these cannot be changed by Parliament.

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Why does a country need a constitution?

  • Constitution allows coordination and assurance
  • It provides a set of basic rules that allow for minimal coordination amongst members of a society.
  • Specification of decision making powers
  • A constitution is a body of fundamental principles according to which a state is constituted or governed.
  • The constitution specifies the basic allocation of power in a society. It decides who gets to decide what the laws will be.
  • In a monarchial constitution, a monarch decides; in some constitutions like the old Soviet Union, one single party was given the power to decide. In democratic constitutions, the people get to decide.
  • The constitution is to specify who has the power to make decisions in a society. It decides how the government will be constituted.
  • The constitution is to set some limits on what a government can impose on its citizens. These limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them.
  • Constitutions limit the power of government in many ways. The most common way of limiting the power of government is to specify certain fundamental rights that all of us possess as citizens and which no government can ever be allowed to violate.
  • Citizens will be protected from being arrested arbitrarily and for no reason. This is one basic limitation upon the government of government.
  • Citizens will normally have the right to some basic liberties: to freedom of speech, freedom of conscience, freedom of association, freedom to conduct a trade or business etc. in practice, these rights can be limited during times of national emergency and the constitution specifies the circumstances under which these rights may be withdrawn.
  • Another function of a constitution is to enable the government to fulfil the aspirations of a society and create conditions for a just society.
  • Constitutions are not only rules and regulations controlling the powers of the government. They also give powers to the government for pursuing collective good of the society.
  • Constitution of South Africa assigns many responsibilities to the government: it wants the government to take measures to promote conservation of nature, make efforts to protect persons or groups subjected to unfair discrimination, and provides that the government must progressively ensure adequate housing to all, health care, etc
  • In the case of Indonesia also, the government is enjoined to establish and conduct national education system. The Indonesian constitution ensures that the poor and destitute children will be looked after by the government.
  • The most important, the constitution expresses the fundamental identity of a people. This means the people as a collective entity come into being only through the basic constitution.
  • The constitution also gives one a moral identity.
  • The German constitution gave expression to the German identity. The Indian constitution, on the other hand, does not make ethnic diversity a criterion for citizenship.
  • Different nations embody different conceptions of what the relationship between the different religions of a nation and the central government should be. This relationship constitutes the national identity of a country.
  • In most countries, ‘Constitution’ is a compact document that comprises a number of articles about the state, specifying how the state is to be constituted and what norms it should follow.
  • Mode of Promulgation: this refers to how a constitution comes into being. Who crafted the constitution and how much authority did they have?
  • The substantive provisions of a constitution: it is the hallmark of a successful constitution that it gives everyone in society some reason to go along with its provisions.
  • The more a constitution preserves the freedom and equality of all its members, the more likely it is to succeed.
  • A way of intelligent designing of a constitution is to ensure that no single institution acquires monopoly of power. This is often done by fragmenting power across different institutions. Ex: Indian Constitution
  • Another important aspect of intelligent institutional design is: that a constitution must strike the right balance between certain values, norms and procedures as authoritative, and at the same time allow enough flexibility in its operations to adapt to changing needs and circumstances.
  • Successful constitutions strike the right balance between preserving core values and adapting them to new circumstances.

How was the Indian Constitution made?

  • Formally, the Constitution was made by the Constituent Assembly which had been elected for undivided India. It held its first sitting on 9 Dec, 1946 and resembled as Constituent Assembly for divided India on 14 Aug 1947.
  • Its members were chosen by indirect election by the members of the Provincial Legislature Assemblies that had been established under the Govt of India Act, 1935.
  • The Constituent Assembly was composed roughly along the lines suggested by the plan proposed by the committee of the British cabinet, known as the Cabinet Mission.
  • According to this plan:
    • Each province and each Princely State or group of states were allotted seats proportional to their respective population roughly in the ratio of 1:10,00,000. As a result the Provinces were to elect 292 members while the Princely states were allotted a minimum of 93 states.
    • The seats in each Province were distributed among the three main communities, Muslims, Sikhs and general, in proportion to their respective populations.
    • Members of each community in the Provincial Legislature Assembly elected their own representatives by the method of proportional representation with single transferable vote.
    • The method of selection in the case of representatives of Princely States was to be determined by consultation.
  • The Constitution was adopted on 26 November 1949.
  • The Constitution came into force on 26 January 1950.

The Principle of Deliberation:

  • The authority of the Constituent Assembly does not come only from the fact that it was broadly, though not perfectly, representative. It comes from the procedures it adopted to frame the Constitution and the values its members brought to their deliberations.
  • The constitution drew its authority from the fact that members of the Constituent Assembly engaged in what one might call public reason.

Inheritance of the nationalist movement:

  • The best summary of the principles that the nationalist movement brought to the Constituent Assembly is the Objectives Resolution moved by Nehru in 1946. This resolution encapsulated the aspirations and values behind the Constitution.
  • Main points of the Objectives Resolution
    • India is an independent, sovereign, republic;
    • India shall be a Union of erstwhile British Indian territories, Indian states, and other parts outside British India and Indian states as are willing to be a part of the Union;
    • Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration, except those assigned to or vested in the Union;
    • All powers and authority of sovereign and independent India and its constitution shall flow from the people;
    • All people of India shall be guaranteed and secured social, economic and political justice; equality of status and opportunities and equality before law; and fundamental freedoms – of speech, expression, belief, faith, worship, vocation, association and action-subject to law and public morality;
    • The minorities, backward and tribal areas, depressed and other backward classes shall be provided adequate safeguards;
    • The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilized nations;
    • The land would make full and willing contribution to the promotion of world peace and welfare of mankind.

Institutional arrangements:

  • The other factor ensuring effectiveness of a constitution is a balanced arrangement of the institutions of government.
  • The basic principle is that government must be democratic and committed to the welfare of the people.
  • Thus the Constituent Assembly adopted the parliamentary form and the federal arrangement, which would distribute governmental powers between the legislature and the executive on the one hand and between the states and the central government on the other hand.
  • Provisions adapted from constitutions of different countries:
    • British Constitution:
      • First Past the Post
      • Parliamentary form of Government
      • The idea of the rule of law
      • Institution of the Speaker and her/his role
      • Law-making procedure
    • French Constitution:
      • Principles of Liberty, Equality and Fraternity
    • United States constitution:
      • Charter of Fundamental Rights
      • Power of Judicial Review and independence of the judiciary
    • Canadian Constitution:
      • A quasi-federal form of government
      • The idea of Residual Powers
    • Irish Constitution:
      • Directive Principles of State Policy