Civics/Polity (Features of Indian Constitution)

Features of Indian Constitution

Indian Constitution

* Sovereign, Socialist, Secular, Democratic Republic

* Supreme law of the Nation

* Written & lengthiest of the world

* Consists of 12 schedules, 25 parts & 448 Articles

12 Schedules of Indian Constitution

Schedule     Description

1     List of States & Union Territories

2     Salaries

3     Oaths and affirmations

4     Allocate seats for each state of India in Rajya Sabha

5     Administration and control of scheduled areas and tribes

6     Provisions for administration of Tribal Area in Assam, Meghalaya, Tripura, Mizoram

7     Gives allocation of powers and functions between Union & States.

*   Union List (For central Govt) 100 Subjects.

*   States List (Powers of State Govt) 61 subjects

*   Concurrent List (Both Union & States) 52 subjects

8     List of 22 languages of India recognized by Constitution

9     Reservation – Contains acts & orders related to land tenure, land tax, railways, industries.{Right of property not a fundamental right now}
10     Anti-Deflection law

11     By 73rd amendment; Contains provisions of Panchayati Raj

12     By 74th amendment; Contains provisions of Municipal Corporation.

- Framed By constituent assembly under chairmanship of Dr. Rajendra Prasad ; Drafted by Chief of Drafting Committee Dr. Ambedkar  in 2 years, 11 months & 18 days

- Formally adopted on 26 Nov. 1949 & came into force on 26th Jan 1950 (Because on 26th Jan 1930, Declaration of Poorna swaraj was made by JLN)

Provisions in Indian constitution taken from foreign states

Country     Provision 

Canada     Quasi Federal with strong center compared to 

UK     Parliamentary form of GovernmentRule of LawProcedure established by law

USA     Fundamental RightsJudicial ReviewIndependent JudiciaryFederal structure

USSR     Fundamental Duties

Ireland     Directive Principles of State Policy

Germany – Weimar     Emergency Provisions

France     Ideals of Liberty, Equality & Fraternity

Indian Constitution: Quasi Federal (Federal But Unitary)

* Rajya Sabha can make laws with respect to laws enumerated in state list in national interest by passing a resolution supported by 2/3 of the members present & voting

* Single citizenship for all (No dual citizenship with respect to central & state government)

* Common & Centralized Election commission for state gov. as well as parliament

* Only parliament has the power to amend constitution (States have their role only in matters affecting federal interest → In this case, Bill need to be ratified by legislatures of not less than half of states by simple majority – States special majority only in formation of new legislative council)

* Common Comptroller & Auditor General of India for union & state government

* Single, unified & hierarchical judiciary with same laws throughout the nation

* Central Rule over states in period of Emergencies

* Constitution does not protect territorial integrity of states → Parliament unilaterally can increase or alter boundaries or name of states.

* Common constitution throughout the nation

Features of Federal Constitution (America)

* Dual Polity + Dual Government with clear separation of powers + No overruling by state or central government + Dual citizenship + Dual constitution

* Powers originating from constitution with supremacy of the constitution

* Independent & impartial judiciary with powers w.r.t constitution of state or of central government

* Written form + Rigid → requires joint act of central & state government to amend the constitution

The Preamble

* A philosophy on which whole constitutional structure is based which cannot be enforced in court of law

* Not any source of any government power >> Do not place any limitations on organs of constitution (Executive, Judiciary & Legislature)

* Limited applications & can be resorted only when there is an ambiguity in provisions of the constitution

* Proclaims India to be Sovereign, Socialist, Secular, and Democratic Republic

Democratic → Justice + Liberty + Equality + Fraternity

Berubari Case (1960) → SC Verdict: Preamble is not part of constitution hence cannot be amended

Keshavnanda Bharti Case (1973) → SC Verdict: Overruled earlier decision & stated preamble is part of constitution & can be amended provided “Basic structure of constitution as demarcated in preamble is not destroyed”