BV

BANNA VENKATESHAIR 15· 2024

Question Q.1GS2GS2

How will you explain that the Government of India Act 1935 was seminal in giving shape to the Indian constitution?

Open scan (p.1)

Introduction

Government of India Act 1935 is significant + contribution on it formed the basic template on which most of the features brought. National Commission for Scheduled Tribes (NCST) is a constitutional body under Article 338-A of the Constitution Preamble is the heart and soul of the Constitution.

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Main Body

Government of India Act 1935 is significant + contribution on it formed the basic template on which most of the features brought.

Features of Constitution from GoI Act 1935:

1Parliamentary form of government, bicameral legislature
2Role of office of governor
3Constitutional bodies like UPSC, on the similies body of federal public service commission
4Federal nature of polity, today a feature borrowed from GoI Act 1935
5Residuary powers: GoI Act 1935 --> governor general. Constitution --> center
67th Schedule having separate state, center document list

[Continuation of Q.1]

Provisions outside GoI Act 1935:

1Emergency provisions from Germany
2Directive principles from Ireland
3Constitutional amendment, representation to rajyasabha, appointment of president and vicepresidident are outside GoI Act 1935.
4Fundamental rights, similar to objective resolutions outside GoI Act 1935.
5Ideals of liberty, equality, fraternity etc. from French revolution

GoI Act 1935, served on a template on which we have built and updated the constitution by incorporating necessary element in our the demands by our founding fathers

National Commission for Scheduled Tribes (NCST) is a constitutional body under Article 338-A of the Constitution

[Function diagram showing]:FUNCTION --> safeguarding failed rights

--> Suo-motu take up cases related to violation of rights of tribals

--> offer recommendations to government and their implementation monitoring

--> Advocacy & awareness

Need for strengthening NCST:

1Recommendations are not binding on the government
2Can take up cases only below 1 year from date of commencement, limiting justice to victims

[Continuation of Q.2]

3Reports submitted are not thoroughly discussed in parliament.
4Gaps in monitoring polices & giving suitable policy recommendations.
5Limited success of PGA implementation, Violations of Tribal rights despite NCST.

[MEASURES diagram showing]:MEASURES --> Human resources & capacity building. Engagement with NGOs/CSOs for grassroot reach

--> Powers & enforce penalties for protection of rights

Strengthening NCST is crucial for safeguarding rights of indigenous communities and advancing that of duty an embraced in Constitution.

Preamble is the heart and soul of the Constitution.

Preamble - reflecting ideals & aspirations of the Constitution:

1Ideals of justice: A political, economic & social?
2Spirit of Brotherhood: Promoting unity
3Secular nature of Constitution is vettected by 42nd amendment added secular, integrity, qualiet words
4People on the sourcing:

WE - THE PEOPLE OF INDIA, as in preamble

5Ability of thought, freedom & expression by indicative of progressive nature, centered around individual awarding of choice.

[Continuation of Q.3]

Realized aspirations of preamble:

1Political justice: L Universal adult franchise, 33% reservation for women
2Ability: Act a right to life & liberty, expanded through various Court judgment eg. Gujranwala manicsypalty
3Secularism: G a large extent, peaceful even after 75 years. Loaded Soll, use for to achieve;

L Common harmony: eg: Maa Iandhries, religious fundamentalism

L economic justice

g: Oxigen Aftaa -> 1/5 Indian hold 50% wealth

4Freedom of expression

eg: Deleted shutdowns etc...

Thus, achieving ideals of constitution expressed through preamble should be preserved valentine to make India a safe, secular and peaceful country-

508 words11 paragraphs

Conclusion

GoI Act 1935, served on a template on which we have built and updated the constitution by incorporating necessary element in our the demands by our founding fathers Strengthening NCST is crucial for safeguarding rights of indigenous communities and advancing that of duty an embraced in Constitution. Thus, achieving ideals of constitution expressed through preamble should be preserved valentine to make India a safe, secular and peaceful country-

68 words

Diagram

Function diagram of NCST showing: safeguarding failed rights, suo-motu take up cases related to violation of rights of tribals, offer recommendations to government and their implementation monitoring, advocacy and awareness

  • Clear enumeration of features borrowed from GoI Act 1935
  • Direct linkage to constitutional provisions like 7th Schedule
  • Systematic presentation of structural continuities
  • Identifies provisions adopted from multiple international sources (Germany, Ireland, France)
  • Demonstrates comparative constitutional knowledge
  • Concludes with overarching framework showing GoI Act 1935 as foundation
  • Clear identification of NCST as constitutional body with specific article reference
  • Systematic diagrammatic representation of NCST functions
  • Identifies specific weaknesses limiting NCST's effectiveness
  • Identifies multiple systemic weaknesses in current NCST framework
  • Proposes specific measures through diagrammatic representation
  • Connects to grassroots actors (NGOs/CSOs) for implementation
  • Links to constitutional duty
  • Clear identification of preamble as core of Constitution
  • Systematic enumeration of ideals reflected in preamble
  • References 42nd Amendment for secular nature
  • Provides concrete examples of realized aspirations
  • Connects multiple dimensions (political, economic, social)
  • Acknowledges both achievements and challenges
  • Links back to constitutional framework

Topper

BANNA VENKATESH

AIR 152024

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Historical Underpinnings

Government of India Act 1935

Writing Stats

623

Total words

11

Paragraphs

analytical

Tone