Class 8th Notes

Summary of the Chapter in English

The narrator of the story went to a junk shop and purchased a roll-top desk which was in bad condition. The narrator started its repairing on Christmas Eve and found a letter in its drawer. He read the letter. It was from Jim Macpherson to his wife Connie as written on top. After reading the letter, he found that Jim Macpherson was the leader of the England Army and he described that England and German were engaged in a war but on the Christmas morning a wonderful thing happened, first Germans wishes happy Christmas to English soldiers and same response was given by English also. The leaders shared their ideas and feelings with each other and celebrated Christmas by eating, laughing, talking and drinking. After that they played football match in which Germans won. In the night both troops sang carols and had a peaceful Christmas.

The author decided to gave this letter to Jim’s wife back. He went to the address which was written on the letter envelope where he found that an accidental fire caught in the house and she was in nursing home. He rushed to nursing home where he found Jim’s wife. As she was grown too old in the waiting of his husband he mistook the author by understanding him as Jim, his husband when narrator met him. She declared him as best Christmas present in the world.

Summary of the Chapter in Hindi

कहानी का वर्णनकर्ता एक कबाड़ की दुकान में गया और एक रोल-टॉप डेस्क खरीदा जो खराब स्थिति में था। वर्णनकर्ता ने क्रिसमस की पूर्व संध्या पर इसकी मरम्मत शुरू की और इसकी दराज में एक पत्र मिला। उसने पत्र पढ़ा। यह जिम मैकफर्सन से लेकर उनकी पत्नी कोनी तक के रूप में शीर्ष पर लिखा था। पत्र पढ़ने के बाद, उन्होंने पाया कि जिम मैकफर्सन इंग्लैंड की सेना के नेता थे और उन्होंने वर्णन किया कि इंग्लैंड और जर्मन एक युद्ध में लगे हुए थे लेकिन क्रिसमस की सुबह एक अद्भुत बात हुई, पहले जर्मनों ने अंग्रेजी सैनिकों को क्रिसमस की शुभकामनाएं दीं और उसी प्रतिक्रिया अंग्रेजी द्वारा भी दिया गया था। नेताओं ने एक-दूसरे के साथ अपने विचारों और भावनाओं को साझा किया और खाने, हंसने, बात करने और पीने के द्वारा क्रिसमस मनाया। उसके बाद उन्होंने फुटबॉल मैच खेला जिसमें जर्मनों की जीत हुई। रात में दोनों सैनिकों ने कैरल गाया और शांतिपूर्ण क्रिसमस मनाया।

लेखक ने यह पत्र जिम की पत्नी को वापस देने का निश्चय किया। वह उस पते पर गया जो पत्र के लिफाफे पर लिखा था, जहां उसने पाया कि घर में अचानक आग लग गई और वह नर्सिंग होम में थी। वह नर्सिंग होम पहुंचे जहां उन्हें जिम की पत्नी मिली। जैसे ही वह अपने पति की प्रतीक्षा में बहुत बूढ़ी हो गई थी, उसने लेखक को जिम, अपने पति के रूप में समझकर उसे गलत समझा जब कथाकार उससे मिला। उसने उसे दुनिया का सबसे अच्छा क्रिसमस उपहार घोषित किया।

• To protect people from exploitation the government makes certain laws. These laws try to ensure that the unfair practices are kept at a minimum in the markets.
• To ensure that workers are not underpaid but are paid fairly, minimum wages has been set by governments.
• There are laws that protect the interests of producers and consumers in the market.
• The government has to ensure that these laws are implemented which means that the law must be enforced.
• Enforcement becomes even more important when the laws, the government can control the activities of individuals or private companies so as to ensure social justice.
• Fundamental Rights guaranteed by the Indian Constitution like ‘Right against Exploitation’ say that no one can be forced to work for low wages or under bondage.
• The Constitution lays down no child below the age of 14 years shall be employed to work in any factory or mines or engaged in any other hazardous employment.
• The Constitution has also make provisions against any sort of exploitation of human being irrespective of gender and sex.
• By making constitutional rights governments always try to ensure social justice to every section of society.
• The Social and Just society makes the basis of Gandhian socialism and avail the resources to everyone and stop the discrimination.

Bhopal Gas Tragedy:

• The world’s worst industrial tragedy took place in Bhopal 24 years ago.
• Union Carbide (UC) an American company had a factory in the city in which it produced pesticides. MIC, a highly poisonous gas, started leaking on 2 December 1984, at midnight from the factory.
• Within three days more than 8,000 people were dead, Hundreds of thousands were maimed.
• US stopped its operations but left behind tons of toxic chemicals.
• 24 years later, people are still fighting for justice, for safe drinking water, for healthcare facilities and jobs for the people poisoned by UC. After effects still haunts the generations of victims.
• Governments come and go but people are waiting for justice. To stop any such sort of incidents in future the developers and business class should make liable by making strict laws.So that such incidents could not take place in future.

What is a Worker’s worth:

• Foreign companies come to India for cheaper labor.
• Wages in USA are higher than that compared to workers in poorer countries like in India.
• For lower pay, companies can get longer hours of work.
• Cost cutting can be done by other more dangerous means, e.g., lower working conditions including lower safety measures are used as ways of cutting costs.
• Since there is as much unemployment, there are many workers who are willing to work in unsafe conditions in return for a wage.
• In the grave situation of unemployment where people are ready to work in corrosive situation as well, it become the duty of government to ensure the safety of its citizens.
• Proper safety laws should be present to protect the people from damages and incidents.

Enforcement of Safety Laws:

• As the lawmaker and enforcer, the government is supposed to ensure that safety laws are implemented.
• It is the duty of the government to ensure that the Right to Life guaranteed under Article 21 of the Constitution is not violated.
• Instead of protecting the interests of the people, their safety was being disregarded both by the government and by private companies.
• With more industries being set up both by local and foreign business in India, there is a great need for stronger laws protecting workers rights and better enforcement of these laws.
• Before approval of any industry laws and codes must be satisfied with and after assessment permission should be given.

New Laws to Protect the Environment:

• In 1984, there were very few laws protecting environment (Environment protection act 1986)in India and there was hardly any enforcement of these laws.
• Environment was treated as a ‘free’ entity and industry could pollute the air and water without any restricted.
• Whether it was our rivers, air or groundwater the environment was being polluted and the health of people disregarded.
• The polluter was to be held accountable for the damage done to environment.
• The Government is responsible for setting up laws and procedures that can check pollution, clean rivers and introduce heavy fines for those who pollute.
• Supreme Court in many of judgments has also said about the right to healthy life and safe drinking water as essential part of article 21 that is right to life.
• Recently by invoking swatch Bharat Abhiyan, Namami Gangay and Rally for rivers government has shown its commitment towards environment protection.
• By imposing high carbon tax and high taxes of petroleum government is deterring individual from misusing these resources.
• At international level as well India is showing its commitment towards environment issue.

Environment as a Public Facility:

• Environment issue in India has highlighted the fact that the growing concern for the environment among the middle classes is often at the expense of the poor.
• The challenge is to look for solutions where everyone can benefit from a clean environment.
• The government has to encourage and support factories to gradually move to cleaner technologies.
• This will ensure that the workers livelihoods are protected and both workers and communities living around the factories enjoy a safe environment.
• By heavy dependency of rich on air condition and vehicles the problem of pollution is getting enhanced and burnt has to be faced by poor.

Conclusion:

• Laws are necessary in many situations, whether this be the market, office or factory so as to protect people from unfair practices.
• Laws that are weak and poorly enforced can cause serious harm.
• While the government has a leading role in the respect, people can exert pressure so that both private companies and the government act in the interests of society.
• Here the role has to be played by government by making better policies and by implementing them in effective manner.

Public facilities are the facilities provided to the people by the government. They are important to sustain and lead a comfortable life.

Water and the People of Chennai:

• Mr. Ramgopal lives in Anna Nagar, Chennai. This area looks lush and green with lawns maintained by generous spraying of water.
• Likewise, in an apartment where Mr.Subramaniam lives water supply is inadequate. They have to spend Rs 500-600 per month to buy water.
• Siva lives in Madipakkam, Chennai. She gets water once in 4 days. For drinking, she buys bottled water.
• Water as a public utility is available in different quantity to different people.
• Safe drinking water comes under the fundamental right of an individual and it is the responsibility of government ot avail it to its citizens.

Water as Part of the Fundamental Rights to Life:

• Water is essential for life and for good health.
• India has one of the largest numbers of causes of water-related diseases such as diarrhea, dysentery, cholera. More than 1600 Indians, mostly children below the age of five die every day because of water-related diseases.
• The Constitution of India recognizes the right to water as being a part of the Right to Life under Article 21. That means there should be “universal access” to water.
• The High Courts and Supreme Court have held that the right to safe drinking water is a Fundamental Right.
• Verdicts given by courts make it as the responsibility of government to ensure the supply of fresh drinking water.

Public Facilities:

• Things like electricity, public transport, schools, and colleges, etc.which are necessary for survival are known as public facilities.
• Public facilities are provided so that its benefits can be shared by many people.
• This is the responsibility of government to make public facilities available to every individual and no one should be discriminated just on the basis of social or economic division.

The Government’s Role:

• One of the most important functions of the government is to ensure that these public facilities are made available to everyone:
  • Making provision for education & setting up of schools & colleges.
  • Improving health & sanitation facilities.
  • Ensuring equal distribution of food throughout the country.
  • Improving the means of transport
  • Maintenance of public utility works like post offices, railways and roads
• Private companies operate for profit in the market. Public facilities are related to people’s basic needs.
• The main source of revenue for the government is the taxes collected from the people and the government is empowered to collect these taxes and use them for such programmes.
• For instance, to supply water, the government has to incur costs in pumping water, carrying it over long distances, laying down pipes for its distribution, treating the water for impurities and finally collecting and treating wastewater.
• It meets these expenses partly from the various taxes that it collects and partly by charging a price for water. This price is set so that most people can afford a certain minimum amount of water for daily use.
• One of the most important tasks of government is to ensure the availability of resources to everyone.
• By making the administration strict and effectively implementing the schemes government can help underprivilaged.
• The government by utilising the revenue collected in better social schemes and using the resources in better manner can ensure the well being to maximum of the population.

Water supply to Chennai: is it Available to All:

• Water supply in Chennai is marked by shortage. Municipal supply meets only about half the needs of the people of the city, on an average.
• The burden of shortfalls in water supply falls mostly on the poor.
• In search of Alternatives, the scenario of shortage and acute crisis during the summer months is common to other cities of India.
• A shortage of municipal water is often taken as a sign of failure of the government.
• Throughout the world, water supply is the responsibility of the government. There are very few instances of private water supply.
• In this era of industrialisation, water pollution has become a major problem.
• To avail the clean drinking water to a large population can be done through the technology advancement which needs investment by the government.

Conclusion:

• Public facilities are related to our basic needs and the Indian Constitution has recognised the right to water, health, education, etc. as being a part of the Right to Life.
• The major role of the government is to ensure adequate public facilities for everyone.
• Public facilities provided to everyone give rise to better living indices and help any country to get recognised at international level in terms of development.
• The success of any government is also acknowledged through the facilities and basic needs provided to all the individuals.
• These facilities finally become the building blocks of the development of a nation.

OBC (Other Backward Classes)

The weaker sections of the society other than the Schedule Castes and Scheduled Tribes are called the Other Backward Classes (OBCs).

The Kaka Kelkar Commission which gave its report for OBCs in 1953’s was accepted by government. In 1978, B.P. Mandal gave another report making recommendations for OBCs.

The provisions were implemented in 1990 by V.P. Singh. After a great deal of controversy, the Supreme Court gave the following judgment on OBCs :

(i) The court allowed 27% reservation for the backward caste/classes, but it announced that the ‘creamy layer of the backward class should be excluded. Government was to identify this creamy layer.

(ii) The armed forces and sensitive higher civilian posts like Scientists, Pilots, University Professors, etc. were to be kept outside the purview of the caste reservation.

(iii) The number of backward castes was reduced to 1,238 from 3,743 as recommended by the Mandal Report.

(iv) Those classes which had adequate representation in the government services were to be excluded from the list of OBCs.

(v) While Mandal Commission had recommended reservation policy in the field of promotions also the Supreme Court recommended reservation only  in original appointments.

(vi) The Supreme Court directed that the reservation quota should not exceed 50 percent in any eventuality.

Implementation of Mandal Report

(i) On the Supreme Court’s verdict, the Union government implemented the reservation of 27% quota for 1,238 backward castes in Central Services and Public Undertakings.

(ii) The government has given them relaxation in qualifying marks in written examinations and in interviews.

(iii) Relaxation in upper age limit by 3 years in direct recruitment has also been given to OBCs.(iv) The OBCs are given relaxation to clear the Civil Services examinations in seven attempts. The verdict of the Supreme Court on PIL filed by the Safai Karamchari Andolan and other organisations

The court had directed the departments of central and state government to verify the condition of manual scavenging and to introduce time-bound programme for their liberation and rehabilitation.

Kabir was a fifteenth century poet and weaver. He belonged to the Bhakti tradition. Kabir’s poetry spoke about his love for the supreme being, free of rituals and priests. According to Kabir, untouchability was the highest state of knowledge, i.e. not touched by narrow limiting ideas, so he changed a lower concept to the highest one.

Legal measure taken by the Indian Government against the practice of untouchability are :

(i) The practice of untouchability is a form of social discrimination against certain groups based on their castes. India has been a severe victim of this social evil since ages.

(ii) Framers of the Indian Constitution were unanimous on making a strong law to end this in human practice.

(iii) Article 17 of the Constitution of India declares abolition of the practice of untouchability. In according with the Constitutional provisions, the Government of India has passed the Untouchability (Offences) Act, 1955 and later the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) and Act, 1989 to eradicate caste based discrimination and upliftment of the people belonging to deprived sections of the society.

(iv) The government has introduced reservation system in educational institutes, government services and elected institutions.

The government made various laws to protect marginalised citizens. There are some specific laws and policies for the marginalised groups in our Country. There are policies or schemes that emerge through other means like setting up a committee or by undertaking a survey, etc. The government also makes efforts to promote such policies.

The State Governments of India keep a list of Scheduled Castes (or Dalits), Scheduled Tribes, backward and most backward castes. The Central Government also has a list. The students applying to educational institutions of government and those applying for posts in government are  expected to show the proof of their caste or tribe status in the form of caste and tribe certificates issued by the government agencies. If a particular caste or a certain tribe is on the government list, then a candidate from that caste or tribe can gain the benefit of reservation.

C.K. Janu point about the violation of the rights of the tribes

In her observation, C.K. Janu, an Adivasi activist, had pointed out violations of the Constitutional rights assured to tribal people of the various state government of India. They allow non-tribal encroachers in the form of timber merchants, paper mills, etc. to exploit tribal land, and forcibly evict tribal people from their traditional forests in the process of declaring forests as reserved or as sanctuaries. She has also noted out the cases where tribal people have already been expelled and are not allowed to go back to their lands.

The dalits are enlightened about their rights and they utilize the Fundamental Rights if they are discriminated by the individual, community or by the government. Now, they have drawn the attention of the government of India to follow the Constitution and to ensure justice for them.

The minorities like Parsi, Muslims, Sikhs, etc. use the Fundamental Rights to secure themselves. They become the guardian of their cultural content and to preserve it in the best way. The Constitution of India guarantees the cultural justice to cultural, religious or linguistic minorities. The Constitution makes sure that no majority community will dominate or eliminate them. The Constitution provides them the freedom to practice their religion.

The Schedule Castes and Schedule Tribes Act 1989 states that the actions that deprive the Dalits and Adivasis of their small resources or which force them into slaved labour are punishable. It means that if someone tries to occupy or cultivate any land owned by or allotted to a member of Schedule Caste or Tribe, he will be punished by law.

Article 15 of the Constitution states that no citizen of India shall be discriminated on the basis of religion, race, caste, sex or place of birth.

Article 17 of the Constitution states that untouchability has been abolished and no one can prevent Dalits from getting education, entering temples, using public facilities.

1. MARGINALISED SECTIONS.
   • A marginal group is one that does not belong or which dwells at the margin of two cultures and two societies and possesses a marginal mentality with its unresolved identity crises.”
   • It is first seen as a distinctive social group, with their own characteristic’s features, victimised by the dominant members of the host society.
   • They are subjected to unequal treatment by way of acts of discrimination.
   • In India, large numbers of people have experienced marginalisation because of the caste system.
2. ADIVASIS.
   • The term literally means ‘original inhabitants’ – are communities who lived, and often continued to live, in close association with forests.
   • Around 8 per cent of India’s population is Adivasi and many of India’s most important mining and Industrial centres are in Adivasi areas – Jamshedpur, Rourkela, Bokaro and Bhilai among others.
   • Adivasis are not homogeneous population: there are over 500 different Adivasi groups in India.
   • Adivasis are particularly numerous in states like Chhattisgarh, Jharkhand, Madhya Pradesh, Orissa, Gujarat, Maharashtra, Rajasthan, Andhra Pradesh, West Bengal and in the north-eastern states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura.
   • Adivasi societies are also most distinctive because there is often very little hierarchy among them. Thus, makes them radically different from communities organised around principles of jati-varna or those that were ruled by Kings.
   • Adivasis have their own language, which have often deeply influenced the formation of ‘mainstream’ Indian languages, like Bengali.
3. ADIVASIS AND STEREOTYPING.
   • In India, we usually ‘showcase’ Adivasi communities in particular way. Thus, during school functions or other official events or on books and movies, Adivasis are invariably portrayed in very stereotypical ways – in colourful costumes, headgear and through their dancing.
   • This often wrongly leads people believing that they are exotic, primitive and backward. Often Adivasis are blamed for their lack of advancement as they are believed to be resistant to change or new ideas.
4. ADIVASIS AND DEVELOPMENT.
   • Forests covered the major part orb our country till the nineteenth century and the Adivasis had a deep knowledge of, access to, as well as control over most of these vast tracts at least till the middle of the nineteenth century.
   • This meant that they were not ruled by large States and Empires. Instead, often empires heavily depended on Adivasis for the crucial access to forest resources.
   • This is radically contrary to our image of Adivasis today as somewhat marginal and powerless communities. In the pre-colonial world, they were traditionally ranged Hunter-gatherers and nomads and lived by shifting agriculture and cultivating in one place.
   • For the past 200 years Adivasis have been increasingly forced – through economic changes, forest policies and political force applied by the State and private industry – to migrate to live as workers in plantations, at construction sites, in industries and as domestic workers.
   • Adivasis have also lived in areas that are rich in minerals and other large industrial projects.
   • Losing their lands and access to the forest means that tribals lose their main source of livelihood and food. Having gradually lost access to their traditional homelands, many Adivasis have migrated to cities in search of work where they are employed for very low wages in local industries or at building or construction sites.
5. MINORITIES AND MARGINALISATION.
   • Constitution provides safeguard to religious and linguistic minorities as part of our Fundamental Rights.
   • The term minority is most commonly used to refer to communities that are numerically small in relation to the rest of the population.
   • The Indian Constitution recognised that the culture of the majority influences the way in which society and government might express themselves. In such cases, size can be a disadvantage and lead to the marginalisation of the relatively smaller communities.
   • Safeguards are needed to protect minority communities against the possibility of being culturally dominated by the majority. They also protect them against any discrimination and disadvantage that they may face.
   • The Constitution provides these safeguards because it is committed to protecting India’s cultural diversity and promoting equality as well as justice.
6. MUSLIMS AND MARGINALISATION.
   • According to 2001 census, Muslims are 13.4 per cent if India’s population and are a marginalised community in India today because in comparison to other communities, they have over the years been deprived of the benefits of socio-economic development
   • Recognising that Muslims in India were lagging in terms of various development indicators, the government set up a high-level Committee examined the social, economic and Educational status of the Muslim community.

Key Players of Our Criminal Justice System

• The four key players in the criminal justice system are:
→ the police,
→ the Public Prosecutor
→ the defence lawyer
→ the judge

What is the Role of the Police in Investigating a Crime?

• The main function of police is to investigate any complaint about the commission of a crime.
→ An investigation includes recording statements of witnesses and collecting different kinds of evidence.

• On the basis of the investigation, the police are required to form an opinion.
→ Police file a chargesheet in the court if they think accused person is guilty.

• The police can’t decide whether a person is guilty or innocent, that is for the judge to decide.

• The police investigations always have to be conducted in accordance with law and with full respect for human rights.

• Every arrested person has following Fundamental Rights as per Article 22 of the Constitution and criminal law

→ The Right to be informed at the time of arrest of the offence for which the person is being arrested.
→ The Right to be presented before a magistrate within 24 hours of arrest.
→ The Right not to be ill treated or tortured during arrest or in custody.
→ Confessions made in police custody cannot be used as evidence against the accused.

→ A boy under 15 years of age and women cannot be called to the police station only for questioning.

What is the Role of the Public Prosecutor?

• The role of the Prosecutor begins once the police has conducted the investigation and filed the chargesheet in the court.

• The Prosecutor duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.

What is the Role of the Judge?

• The judge hears all the witnesses and any other evidence presented by the prosecution and the defence.

• The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law.

• He may send the person to jail or impose a fine or both, depending on what the law prescribes.

What is a Fair Trial?

• Article 21 of the Constitution that guarantees the Right to Life states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure.

Essential elements of a fair trial:

• The trial should be held in an open court, in public view.
• The trial should be held in the presence of the accused.
• The accused must be defended by a lawyer.
• Defence lawyer must have opportunity to cross-examine all the prosecution witnesses. Also, have an opportunity to present witnesses in accused’s defence.
• It was the responsibility of the prosecution to prove beyond reasonable doubt that accused was guilty.
• The judge should decide the matter only on the basis of the evidence before the court. He/She must remain impartial.

What is the Role of the Judiciary?

• Judiciary work is divided into the following types:

→ Dispute Resolution: The judicial system resolves disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.

→ Judicial Review: The judiciary is the final interpreter of the Constitution therefore, it has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution. This is called judicial review.

→ Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.

What is an Independent Judiciary?

• The other branches of the State-like the legislature and the executive – cannot interfere in the work of the judiciary. 

• The courts are not under the government and do not act on their behalf.

• All judges in the High Court as well as the Supreme Court are appointed with very little interference from other branches of government. 

→ After appointment, it is very difficult to remove a judge.

What is the Structure of Courts in India?

• There are three different levels of courts in our country:

Supreme Court of India

⬇

High Courts of States

⬇

District courts

→ Supreme Court of India: Located in New Delhi and is presided over by the Chief Justice of India.

→ High Courts of States:  Each state has a High Court which is the highest court of that state.

→ Subordinate or district courts: These courts at the district or Tehsil level or in towns and presided over by a District Judge.

• The decisions made by higher courts are binding on the lower courts.

• A person can appeal to a higher court if they believe that the judgment passed by the lower court is not just through the appellate system.

What are the Different Branches of the Legal System?

• The Indian legal system deals with civil and criminal cases:

Does Everyone Have Access to the Courts?

• Theoretically, all citizens of India can access the courts in this country.

• In reality access to courts has always been difficult for a vast majority of the poor in India.
→ Legal procedures involve a lot of money and paperwork as well as take up a lot of time.
→ For a poor person who cannot read and whose family depends on a daily wage, the idea of going to court to get justice often so remote.

PIL

• Public Interest Litigation (PIL) is introduced by Supreme Court in the early 1980s.

• It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated.

• A letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.

Importance of Judiciary

• The judiciary has played a crucial role in democratic India,

• It also keep a check on the powers of the executive and the legislature

• Also, it helps in protecting the Fundamental Rights of citizens.

Do Laws Apply to All?

• All persons in independent India are equal before the law.

→ The law cannot discriminate between persons on the basis of their religion, caste or gender.

• Any crime or violation of law has a specific punishment as well as a process through which the guilt of the person has to be established.

Rule of Law

• Rule of law means is that all laws apply equally to all citizens of the country and no one can be above the law.

How Rule of law established in India?

• It is often believed that it was the British colonialists who introduced the rule of law in India.
→ However, historians have disputed this claim because:
1. Colonial law was arbitrary (dictatorial).
2. Indian nationalists played a prominent role in the development of the legal sphere in British India.

• Nationalists wanted to change the idea of law from a set of rules that they were forced to obey, to
law as including ideas of justice.

• By the end of the nineteenth century, the Indian legal profession began to use law to defend the legal rights of Indians.
→ Indian judges also began to play a greater role in making decisions.

• Thus, in several ways, Indians played a major role in the evolution of the rule of law during the colonial period.

• After Independence, the document, Constitution served as the foundation on which our representatives began making laws for the country.
→ Every year several new laws made as well as existing ones revised by elected representatives.

How Do New Laws Come About?

• The Parliament has an important role in making laws.

• There are many ways through which this takes place, often, different groups in society that raise the need for a particular law.
→ As the Parliament is sensitive to people’s problems so, the process adopted for this issue to become law.

• From establishing the need for a new law to its being passed, at every stage of the process the
voice of the citizen through various medium such as TV, newspaper etc is a crucial element.

Unpopular and Controversial Laws

• Sometimes a law can be constitutionally valid and hence legal, but it can continue to be unpopular and unacceptable to people because they feel that the intention behind it is unfair and harmful.

• The people might criticize this law, hold public meetings, write about it in newspapers, report to TV news channels etc.

• When a large number of people begin to feel that a wrong law has been passed, then the Parliament has pressure to change the law.

• After electing representatives, it is duty of citizens to keep a check on them.

Why should People Decide?

• The harsh experience of colonial rule as well as the participation of different people in the struggle
for freedom made the nationalists that all persons in independent India would be able to participate in making decisions.

• Thus, to fulfil the dreams and aspirations of the freedom struggle after the Constitution of independent India that laid down the principle of universal adult franchise, i.e. that all adult citizens of the country have the right to vote.

People and their Representatives

• The decision of people that creates a democratic government and decides about its functioning.

• The Parliament, which is made up of all representatives together, controls and guides the government.

The Role of the Parliament

• The country is divided into numerous constituencies and each of these constituencies elects one person to the Parliament.

•  Once elected, these candidates become Members of Parliament or MPs.
→ These MPs together make up the Parliament.

• The Lok Sabha is usually elected once every five years.

• After formation, the Parliament needs to perform the following functions:
→ To Select the National Government
→ To Control, Guide and Inform the Government
→ Law-Making

To Select the National Government

• The Parliament in India consists of the President, the Rajya Sabha and the Lok Sabha.

The Lok Sabha

• For a political party to form the government in Lo Sabha, they must have a majority of elected MPs. → Since there are 543 elected (plus 2 nominated) members in Lok Sabha, to have a majority

a party should have at least half the number i.e. 272 members or more.

• If different political parties join together to form the government then this is known as a coalition government. (This happens if any single party can’t get clear majority in Lok Sabha).

• The Prime Minister of India is the leader of the ruling party in the Lok Sabha.

• From the MPs who belong to her party, the Prime Minister selects ministers to work with her to implement decisions.

The Rajya Sabha

• The Rajya Sabha functions primarily as the representative of the states of India in the Parliament.

• The Rajya Sabha can also initiate legislation and a bill is required to pass through the Rajya Sabha in order to become a law.

• The members of the Rajya Sabha are elected by the elected members of the Legislative Assemblies of various states.
→ There are 233 elected members plus 12 members nominated by the President.

To Control, Guide and Inform the Government

• The Parliament, while in session, begins with a question hour.
→ Through question hour MPs can bring out information about the working of the government.

• The opposition party highlights drawbacks in various policies and programmes of the government and mobilise popular support for their own policies.
→ This helps in healthy functioning of a democracy.

• The Parliament’s approval is crucial for the government in all matters dealing with finances.

• The MPs as representatives of the people have a central role in controlling, guiding and informing Parliament.

Law-Making

• Law-making is a significant function of the Parliament.

Who are the People in Parliament?

• The Parliament has people from different backgrounds.
→ There are rural members as well members from regional parties.

• There has been an increase in political participation from the Dalit and backward castes and the minorities.

• Some seats are reserved in the Parliament for SCs and STs to give fair advantage historically marginalised section of the society.

What is Secularism?

• Secularism refers to this separation of religion from the State.

Why is it Important to Separate Religion from the State?

• The separation of religion from State power is important for a country to function democratically.

• Almost all countries of the world will have more than one religious group living in them.

→ If majority religious group has access to State power, then they misuse their power to other

religions.

• Also, we need to protect the freedom of individuals to preach the religion of their choice.

What is Indian Secularism?

• According to the Constitution, a secular state must ensure:
→  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 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.

• In order to respect the sentiments of all religions and not interfere with religious practices, the State makes certain exceptions for particular religious communities. For example: a sikh while riding bike can wear pugri (turban) instead of helmet.

• Indian secularism prevents the domination of majority over minority is through a strategy of intervention. For example: Untouchability was religion-based exclusion and discrimination of ‘lower castes’ in Hindu so the Indian Constitution bans untouchability.

How Indian secularism differentfrom that of other democratic countries?

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

• The Indian Constitution guarantees Fundamental Rights that are based on these secular principles.