SALIENT FEATURES OF THE CONSTITUTION



⦁ Lengthiest Written Constitution

⦁ About 465 Articles (divided into 25 Parts) and 12 Schedules.

⦁ Reasons: 1) Geographical Factors: India’s vastness and diversity 2) Historical Factors: Influence of GoI Act, 1935 3)Single Constitution: Union + State 4) Domination of legal luminaries


⦁ Drawn From Various Sources

 Dr. B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World'.

⦁ Structural part of the Constitution derived from the Government of India Act of 1935.

⦁ Philosophical part of the Constitution (the Fundamental Rights and the Directive Principles of State Policy) derive their inspiration from the American and Irish Constitutions respectively.

⦁ Political Part : British Constitution.


⦁ Blend of Rigidity and Flexibility

⦁ Article 368 provides for two types of amendments: a)Special majority of the Parliament, (2/3 of present and voting + supported by more than 50% of total strength) b) Special majority of the Parliament and with the ratification by half of the total states with simple majority.

⦁ Some provisions can be amended by simple majority (these are not considered amendment under Article 368).


⦁ Federal System with Unitary Bias.

⦁ Features of a federation, viz., dual government, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.

⦁ Features of Unitary, viz, strong centre, single constitution, single citizenship, integrated

�judiciary, appointment of Governor by the centre, AIS, emergency provisions etc.

⦁ Parliamentary Form of Government

⦁ Fundamental Principle: Co-operation and Co- ordination b/w legislature and executive organs. Features:

⦁ Presence of nominal and real executives.

⦁ Majority party rule.

⦁ Collective responsibility of the executive to the legislature.

⦁ Double membership.

⦁ Leadership of the prime minister or the chief minister.

⦁ Dissolution of the lower House (LokSabha or Assembly).

⦁ Synthesis of Parliamentary Sovereignty and Judicial Supremacy.

⦁ Indian parliamentary system is a proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy.

⦁ The Supreme Court can declare the parliamentary laws as unconstitutional through its power of judicial review.

⦁ The Parliament can amend the major portion of the Constitution through its constituent power.

⦁ Integrated and Independent Judiciary

⦁ Supreme Court is the guarantor of the fundamental rights of the citizens and the guardian of the Constitution.

⦁ Integrated: SC + HC + Lower Courts enforce both union and state laws.

⦁ Independent: Security of tenure of judges of SC and HC, all expenses of HC and SC are charged on consolidated Fund etc.

⦁ Fundamental Rights Part-III (Article 12-35)

⦁ Right to Equality (Articles 14–18)

⦁ Right to Freedom (Articles 19–22)

⦁ Right against Exploitation (Articles 23–24)

⦁ Right to Freedom of Religion (Articles25–28).

⦁ Cultural and Educational Rights (Articles 29–30).

⦁ Right to Constitutional Remedies (Article 32).

⦁ FR’s aim to promote political democracy.

⦁ FR’s are enforceable by courts through writs.

⦁ Directive Principles of State Policy Part – IV (Art 36 – 51)

⦁ These principles are meant for promoting the ideal of social and economic democracy.

⦁ Aim to establish welfare state

⦁ Non-justiciable in nature

⦁ Classified into 3 categories:

 Socialist

⦁ Gandhian

⦁ Liberal-Intellectual

⦁ Fundamental Duties (Total: 11): Part IV-A & Article 51 A

⦁ Fundamental Duties serve as a reminder to citizens that while enjoying the rights, they have to be conscious of their duties towards the country, society and fellow citizens

⦁ 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee.

⦁ The 86th Constitutional Amendment Act of 2002 added one more fundamental duty.

⦁ Non-justiciable in nature

⦁ A Secular State

⦁ Western concept of Secularism connotes a complete separation between religion and the state

⦁ Indian concept of Secularism connotes giving respect to all religions or protecting all religions equally

⦁ The word ‘Secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.

⦁ It is reflected in: Preamble, Art. 14,15, 16, 25-30, Art. 44.

⦁ �Universal Adult Franchise

⦁ The voting age was reduced to 18 years from 21 years in 1989 by the 61stConstitutional Amendment Act of 1988.

⦁ Single Citizenship

⦁ Indian constitution provides for only one or single citizenship – Indian Citizenship

⦁ Independent Bodies

⦁ These bodies are envisaged by the constitution as the Bull works of the democratic system

⦁ These are Election commission, Union Public Service commission, Comptroller and Auditor- General, etc.

⦁ Emergency Provisions

⦁ During the emergency the Federal structure of the country got converted into a Unitary one.

⦁ National emergency (Article 352)

⦁ State emergency (President’s Rule): On the ground of 1) failure of the Constitutional machinery in the state (Article 356). 2) failure comply with the directions of the Centre (Article 365).

⦁ Financial emergency (Article 360).

⦁ It converts federal structure into unitary one

⦁ Three-tier Government

⦁ Democratic decentralisation by establishing PRI’s (73rd CA 1992) and ULB’s (74th CA 1992) which form third tier of government.

⦁ Co-operative Societies

⦁ 97thConstitutional Amendment Act of 2011 gave constitutional status to co-operative societies

⦁ Fundamental right to form co-operative societies (Article 19 (1) (c).

⦁ DPSP: Promotion of Co-operative societies (Art. 43-B).

⦁ New Chapter Added – Part IX B

⦁ Parliament has power to regulate multi-state co- operative societies.


Schedules

Tenth Schedule 52nd CA

1985

Anti- Defection Law provisions.

Eleventh Schedule

73rd CA 1992

Panchayats (29 Matters) (243-G)

Twelth Schedule

74th CA 1992 Powers that can be transferred to Municipalities (18 Subjects) (243-W).

�Sources of the Constitution:


Features Source

Emergency provisions, Administrative details, Federal scheme, office of Governor,

Judiciary, Public service commission

Government India Act 1935

of

Parliamentary Government Rule of Law, Writs Parliamentary Privileges Single citizenship Bicameralism

Legislative Procedure


British Constitution

Fundamental Rights, Impeachment of president, Removal for SC and HC judges, Judicial independence and Judicial Review

Post of vice president

USA

DPSP

Nomination of RajyaSabha members Method of President election

Ireland

Federation with strong centres residuary power with centre, Appointment of Governor, Advisory

jurisdiction of SC

Canada

Concurrent List

Freedom of Trade and Commerce Joint Sitting of Parliament

Australia

Suspension of Fundamental rights during Emergency Weimer constitution

Germany

of

Fundamental Duties, ideals of justice in preamble USSR

Republic, Liberty, Equality

Fraternity in preamble and France

Amendment of the Constitution &

election of members of RajyaSabha South Africa

Procedure established by Law Japan

 

Numbers Subject Matter

First

Schedule Names of the States, Union Territories

and their territorial jurisdiction


Second Schedule Salaries, Emoluments, Privileges of certain dignitaries.

President, Governor, Speaker, Deputy Speaker of Loksabha and Legislative Assembly, Chairman and Deputy Chairman of RajyaSabha and Legislative Council, Judges of Supreme Courts and High Courts, CAG.

Not mentioned are MPs, MLAs, Union and State Ministers, Election

Commissioner, UPSC Members

Third Schedule Oath and Affirmations:

Union and State Ministers, MLA and MP Contestants, MLA & MPs, Judges of Supreme Court and High Court Judges, CAG.

Note: CAG, Judges of Supreme and High Court are included in second and third schedules

Not included:

President & Vice President, Speaker& Deputy Speaker of LokSabha, Legislative Assembly, Chairman & Deputy Chairman of RS &Legislative Council, Election

Commission, UPSC, SPSC

Fourth

Schedule Allocation of the Seats in RajyaSabha to

States and UT’s

Fifth Schedule Administration of Scheduled Areas and Scheduled Tribes

Sixth

Schedule Administration of Tribal Areas in Assam,

Meghalaya, Tripura and Mizoram

Division of Powers

Seventh 1. Union list(100)

Schedule 2. State list (61)

3. Concurrent list(52)

Official Languages recognized by the

Constitution originally 14and now 22

Eight

Schedule languages

92nd CAA– Bodo, Dongri, Mythili, Santhali 71st CAA – Konkani, Manipuri ,Nepali 96th CAA – Odia

Ninth Schedule 1st CA 1951 Land reforms

and other matters to be placed by State and Centre.