BASIC FEATURES OF BASIC FEATURES OF INDIAN CONSTITUTIONINDIAN CONSTITUTION

INTRODUCTIONINTRODUCTIONThe Constitution of India was drafted by the Constituent The Constitution of India was drafted by the Constituent Assembly. The Constituent Assembly held its first sitting on Assembly. The Constituent Assembly held its first sitting on the 9th December, 1946. It reassembled on the 14th the 9th December, 1946. It reassembled on the 14th August, 1947, as the sovereign Constituent Assembly for August, 1947, as the sovereign Constituent Assembly for the Dominion of India. the Dominion of India. Constitution of India is the supreme law of India. It lays Constitution of India is the supreme law of India. It lays down the framework defining fundamental political down the framework defining fundamental political principles, establishing the structure, procedures, powers principles, establishing the structure, procedures, powers and duties, of the government and spells out the and duties, of the government and spells out the fundamental rights, directive principles and duties of fundamental rights, directive principles and duties of citizens. Passed by the Constituent Assembly on 26 citizens. Passed by the Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950. November 1949, it came into effect on 26 January 1950. The date 26 January was chosen to commemorate the The date 26 January was chosen to commemorate the declaration of independence of 1930. declaration of independence of 1930.

The Constitution of every country has The Constitution of every country has certain special features because the certain special features because the historical background ,social, economic historical background ,social, economic and political conditions influence the and political conditions influence the making of the constitution. All these making of the constitution. All these factors have contributed in the making of factors have contributed in the making of the Constitution of India.the Constitution of India.

WRITTEN CONSTITUTIONWRITTEN CONSTITUTIONThe written constitution is the one which The written constitution is the one which you can get in the form of a book and can you can get in the form of a book and can be read. There are 395 Articles, 12 be read. There are 395 Articles, 12 schedules and it has been divided into 22 schedules and it has been divided into 22 parts and till date more than 104 parts and till date more than 104 amendments have been made into it. The amendments have been made into it. The Constitution, in its current form, consists Constitution, in its current form, consists of a preamble, 22 parts containing 448 of a preamble, 22 parts containing 448 articles, 12 schedules, 5 appendices and articles, 12 schedules, 5 appendices and 108 amendments to date108 amendments to date. .

UNWRITTEN CONSTITUTIONUNWRITTEN CONSTITUTIONThe conventions grow automatically and make The conventions grow automatically and make their special place in the constitutional system. The their special place in the constitutional system. The important conventions of the Indian Constitution :important conventions of the Indian Constitution :Prime Minister in Lok Sabha and Chief minister in Prime Minister in Lok Sabha and Chief minister in State Legislative Assembly is the leader of the State Legislative Assembly is the leader of the majority party.majority party.The Speaker and Deputy Speaker of lok sabha are The Speaker and Deputy Speaker of lok sabha are generally elected unopposed.generally elected unopposed.The Governor is generally taken from other state The Governor is generally taken from other state and the Chief minister of the concerned state is and the Chief minister of the concerned state is consulted at the time of his appointment.consulted at the time of his appointment.

DETAILED CONSTITUTIONDETAILED CONSTITUTIONThe Indian Constitution is the longest and the The Indian Constitution is the longest and the most detailed in the world. A detailed list of most detailed in the world. A detailed list of Fundamental Rights from article 12-25 is included Fundamental Rights from article 12-25 is included in chapter 3rd of the constitution. In chapter 4th in chapter 3rd of the constitution. In chapter 4th from article 35-51 a detailed list of directive from article 35-51 a detailed list of directive principles of State Policy is also included which principles of State Policy is also included which are guidelines of the State in policy making. From are guidelines of the State in policy making. From article 350-360 the Emergency powers of the article 350-360 the Emergency powers of the President have also been included in it. A detailed President have also been included in it. A detailed description of center-states relations is given in description of center-states relations is given in chapter 11 and 12 of it.chapter 11 and 12 of it.

Constitution starts with preamble.Constitution starts with preamble.The preamble has been accepted as the part The preamble has been accepted as the part of the constitution. It includes the objectives of the constitution. It includes the objectives of the constitution such as to provides Liberty, of the constitution such as to provides Liberty, Equality and Justice to the citizens, and to Equality and Justice to the citizens, and to promote amomg them all fraternity, assuring promote amomg them all fraternity, assuring the dignity of the individual and unity and the dignity of the individual and unity and integrity of the nation. It also states about the integrity of the nation. It also states about the nature of the state which is Sovereign, nature of the state which is Sovereign, Socialist, Secular, Democratic Republic.Socialist, Secular, Democratic Republic.

CONSTITUTION DRAWN CONSTITUTION DRAWN FROM VARIOUS SOURCESFROM VARIOUS SOURCES

The objective of the Constituent Assembly was not to The objective of the Constituent Assembly was not to enact an original constitution rather to enact a good enact an original constitution rather to enact a good and workable constitution. The assembly evaluated the and workable constitution. The assembly evaluated the constitutions of other countries and whatever good constitutions of other countries and whatever good they found in these constitutions, they included in their they found in these constitutions, they included in their own constitution.own constitution.Parliamentary Government and Rule of Law are the Parliamentary Government and Rule of Law are the influences of the British Constitution.influences of the British Constitution.The Fundamental Rights and the special position of the The Fundamental Rights and the special position of the judiciary is the influence of the constitution of U.S.Ajudiciary is the influence of the constitution of U.S.AThe Directive Principles of State Policy have been The Directive Principles of State Policy have been borrowed from the constitution of Ireland.borrowed from the constitution of Ireland.

4. The Federal system of India is the 4. The Federal system of India is the influence of Canadian Constitution.influence of Canadian Constitution.5. The method of the amendment of the 5. The method of the amendment of the constitution and the method of the constitution and the method of the election of the members of Rajya Sabha election of the members of Rajya Sabha have been borrowed from the constitution have been borrowed from the constitution of South Africa.of South Africa.6. The Emergency powers of the President 6. The Emergency powers of the President are the influence of the Weimer are the influence of the Weimer Constitution of Germany.Constitution of Germany.

Sovereign ,Socialist ,SecularSovereign ,Socialist ,Secular,Democratic, Republic,Democratic, Republic

India has been declared a sovereign, secular, India has been declared a sovereign, secular, Democratic, Republic through the Preamble of the Democratic, Republic through the Preamble of the Constitution of India.Constitution of India.Sovereign State –India is free to formulate its internal Sovereign State –India is free to formulate its internal and foreign policy and free to maintain relations with and foreign policy and free to maintain relations with any foreign state.any foreign state.Socialist State- The aim of the state is to establish Socialist State- The aim of the state is to establish socialist society which is free from exploitation of man socialist society which is free from exploitation of man by man and in which social economic and political by man and in which social economic and political justice is provided to all.justice is provided to all.Secular State- The state has no religion of its own, it Secular State- The state has no religion of its own, it does not discriminate against any religion by imposing does not discriminate against any religion by imposing restrictions upon itrestrictions upon it

4. Democratic State -The preamble 4. Democratic State -The preamble also declares India to be a also declares India to be a democratic state in which the democratic state in which the supreme power rests in the hands of supreme power rests in the hands of the people.the people.5. Republic- The President of India is 5. Republic- The President of India is elected for a fixed term by the elected for a fixed term by the indirect vote of the people.indirect vote of the people.

FUNDAMENTAL RIGHTSFUNDAMENTAL RIGHTSFundamental rights have been included Fundamental rights have been included into the chapter 3rd of the constitution into the chapter 3rd of the constitution from Article- 12 to 35from Article- 12 to 35Right to EqualityRight to EqualityRight to Freedom Right to Freedom Right Against ExploitationRight Against ExploitationRight to Religious FreedomRight to Religious FreedomCultural and Educational rightsCultural and Educational rightsRight to Constitution RemediesRight to Constitution Remedies

RIGHT TO PROPERTY ,AN RIGHT TO PROPERTY ,AN ORDINARY RIGHTORDINARY RIGHT

Till 1979 Right to Property was Till 1979 Right to Property was included in the list of Fundamental included in the list of Fundamental Rights. But through 42nd Rights. But through 42nd amendment has been made an amendment has been made an ordinary right and for this purpose ordinary right and for this purpose Articls-300 A has been included into Articls-300 A has been included into the constitution.the constitution.

PARLIAMENTARY FORM OF PARLIAMENTARY FORM OF GOVERNMENTGOVERNMENT

The Constituent Assembly decided to adopt The Constituent Assembly decided to adopt Parliamentary form of government both for the Parliamentary form of government both for the center and the states.center and the states.Distinction is made between nominal and real Distinction is made between nominal and real executive head.executive head.The Council of Ministers is responsible before the The Council of Ministers is responsible before the Lok Sabha, The lower house of union parliament.Lok Sabha, The lower house of union parliament.There are close relations between executive and There are close relations between executive and legislature.legislature.The tenure of the Council of Ministers is not fixed The tenure of the Council of Ministers is not fixed as it stays in office till it enjoys the confidenceas it stays in office till it enjoys the confidence

FUNDAMENTAL DUTIESFUNDAMENTAL DUTIESThese Fundamental rights have been These Fundamental rights have been provided at the cost of some provided at the cost of some fundamental duties. These are fundamental duties. These are considered as the duties that must considered as the duties that must be and should be performed by every be and should be performed by every citizen of India. These fundamental citizen of India. These fundamental duties are defined as:duties are defined as:

To abide by the Constitution and respect its ideals and institutions, To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; the National Flag and the National Anthem; To cherish and follow the noble ideals which inspired our national To cherish and follow the noble ideals which inspired our national struggle for freedom; struggle for freedom; To uphold and protect the sovereignty, unity and integrity of India; To uphold and protect the sovereignty, unity and integrity of India; To defend the country and render national service when called upon To defend the country and render national service when called upon to do so; to do so; To promote harmony and the spirit of common brotherhood amongst To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the or sectional diversities; to renounce practices derogatory to the dignity of women; dignity of women; To value and preserve the rich heritage of our composite culture; To value and preserve the rich heritage of our composite culture; To protect and improve the natural environment including forests, To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living lakes, rivers and wild life, and to have compassion for living creatures; creatures; To develop the scientific temper, humanism and the spirit of inquiry To develop the scientific temper, humanism and the spirit of inquiry and reform; and reform; To safeguard public property and to abjure violence; To safeguard public property and to abjure violence; To strive towards excellence in all spheres of individual and To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels collective activity so that the nation constantly rises to higher levels of endeavour and achievement. of endeavour and achievement.

FIXED SIZE OF COUNCIL OF FIXED SIZE OF COUNCIL OF MINISTERSMINISTERS

Under this amendment the size of Under this amendment the size of council of ministers of both Center and council of ministers of both Center and States has been fixed and now it cannot States has been fixed and now it cannot be more than 15% of the total strength be more than 15% of the total strength of the lower house of Parliament in of the lower house of Parliament in Center and States legislatures in the Center and States legislatures in the states. In case the strength of the states. In case the strength of the Legislative Assembly in a State is 60 or Legislative Assembly in a State is 60 or less than that, then the maximum less than that, then the maximum number of the ministers will be 12 which number of the ministers will be 12 which will include the Chief Minister.will include the Chief Minister.

RIGID AS WELL AS FLEXIBLE RIGID AS WELL AS FLEXIBLE CONSTITUTIONCONSTITUTION

Indian constitution is neither rigid as the constitution Indian constitution is neither rigid as the constitution of U.S.A nor flexible as the constitution of Great of U.S.A nor flexible as the constitution of Great Britain.Britain.Under Article-368 of the constitution,Under Article-368 of the constitution,

1.1. Some of the articles of the constitution can be Some of the articles of the constitution can be amended by the union parliament by passing a amended by the union parliament by passing a resolution with 2/3resolution with 2/3rdrd majority of the members present majority of the members present and voting and absolute majority of the total and voting and absolute majority of the total members.members.

2.2. Some of the articles of the constitution can be Some of the articles of the constitution can be amended by the Union Parliament by passing amended by the Union Parliament by passing resolution with 2/3resolution with 2/3rdrd majority of the members present majority of the members present and voting and absolute majority of the total and voting and absolute majority of the total members and approval of ½ State Legislatures.members and approval of ½ State Legislatures.

FEDERAL IN FORM , UNITARY IN FEDERAL IN FORM , UNITARY IN SPIRITSPIRIT

The Constitution of India provides for The Constitution of India provides for <<CENTRALISED FEDERALISM>>. There is <<CENTRALISED FEDERALISM>>. There is no doubt that federal system has been no doubt that federal system has been adopted in India, but keeping in mind adopted in India, but keeping in mind certain special situations, the centre is certain special situations, the centre is made more powerful or strong. Federal made more powerful or strong. Federal features :features :

1.1. Written ConstitutionWritten Constitution2.2. Rigid constitutionRigid constitution3.3. Supremacy of the constitutionSupremacy of the constitution4.4. Division of subjectsDivision of subjects5.5. Independent judiciary etc.Independent judiciary etc.

UNIVERSALUNIVERSAL ADULT FRANCHISE ADULT FRANCHISE

Article-326 provides for universal Article-326 provides for universal adult franchise and evry citizen adult franchise and evry citizen including both male and female who including both male and female who is 18 years of age is given the right is 18 years of age is given the right to vote without making any to vote without making any discrimination on the basis of sex, discrimination on the basis of sex, caste, colour religion etc.caste, colour religion etc.

SECULAR STATESECULAR STATEEvery person has the right to practise, Every person has the right to practise, profess, propagate his/her religion according profess, propagate his/her religion according to his/her goodwill. The religious to his/her goodwill. The religious dominations have the right to establish and dominations have the right to establish and maintain institutions for religious and maintain institutions for religious and charitable purposes; to manage its own charitable purposes; to manage its own affairs in matters of religion; to own and affairs in matters of religion; to own and acquire movable and immovable property acquire movable and immovable property and to administer such property in and to administer such property in accordance with law. But no individual is accordance with law. But no individual is allowed to misuse his or her religious allowed to misuse his or her religious freedom.freedom.

BI-CAMERAL LEGISLATUREBI-CAMERAL LEGISLATUREAccording to Article 168 for every state there According to Article 168 for every state there shall be legislature which shall consist of shall be legislature which shall consist of Governor and legislative Council and Governor and legislative Council and legislative assembly. Article-169 provides for legislative assembly. Article-169 provides for the abolition and creation of Legislative the abolition and creation of Legislative Council which is known as the upper house of Council which is known as the upper house of State Legislature and at present there is bi-State Legislature and at present there is bi-cameral legislature in the states of Bihar, cameral legislature in the states of Bihar, Maharashtra, Andhra Pradesh, Karnataka, Maharashtra, Andhra Pradesh, Karnataka, Uttar Pradesh and Jammu and Kashmir Uttar Pradesh and Jammu and Kashmir whereas there is one house in all other states.whereas there is one house in all other states.

LIMITED POWERS OF THE LIMITED POWERS OF THE PARLIAMENTPARLIAMENT

Indian Parliament is non-sovereign. There Indian Parliament is non-sovereign. There are limitations on the powers of the are limitations on the powers of the Parliament-Parliament-

1.1. It can pass laws on those subjects which It can pass laws on those subjects which have been entrusted to it by the have been entrusted to it by the constitution.constitution.

2.2. The bills passed by the Parliament need the The bills passed by the Parliament need the approval of the President.approval of the President.

3.3. The supreme court can exercise the powers The supreme court can exercise the powers of judicial review over the laws passed by of judicial review over the laws passed by the parliament and can declare the parliament and can declare unconstitutional the laws which it considers unconstitutional the laws which it considers are against the constitution.are against the constitution.

SINGLE-INTEGRATED JUDICIAL SINGLE-INTEGRATED JUDICIAL SYSTEMSYSTEM

The entire judicial system of India is The entire judicial system of India is organized into an hierarchical order. organized into an hierarchical order. Supreme Court is at the top of Supreme Court is at the top of judicial administration below that judicial administration below that there are high courts at the state there are high courts at the state level and there are district courts at level and there are district courts at the district level. All the courts of the district level. All the courts of India are bound to accept the India are bound to accept the decisions of the supreme court.decisions of the supreme court.

INDEPENDENT JUDICIARYINDEPENDENT JUDICIARYThe constitution of India makes provisions The constitution of India makes provisions for the independence of judiciary because for the independence of judiciary because only independent judiciary can safeguard only independent judiciary can safeguard the rights and liberties of the people, can the rights and liberties of the people, can protect the supremacy of the constitution-protect the supremacy of the constitution-

1.1. An impartial method has been adopted for An impartial method has been adopted for the appointment of the judgesthe appointment of the judges

2.2. High qualifications have been fixed for the High qualifications have been fixed for the judgesjudges

3.3. The judges of the Supreme Court stay in The judges of the Supreme Court stay in office till 65 years of age and of High office till 65 years of age and of High courts till 62 years of agecourts till 62 years of age

4. Difficult method has been adopted 4. Difficult method has been adopted for the removal of the judges as they for the removal of the judges as they can be removed only through can be removed only through impeachment by the union impeachment by the union parliamentparliament

5. There is prohibition of practice after 5. There is prohibition of practice after the retirement of the judgesthe retirement of the judges

POWER OF THE JUDICIAL POWER OF THE JUDICIAL REVIEWREVIEW

The judiciary in India is provided the power of The judiciary in India is provided the power of judicial review through the constitution which judicial review through the constitution which means that all the laws passed by the parliament means that all the laws passed by the parliament and State Legislatures, constitutional and State Legislatures, constitutional amendments, ordinances and executive orders amendments, ordinances and executive orders issued by the executive are reviewed by the issued by the executive are reviewed by the judiciary and in case judiciary finds that any one judiciary and in case judiciary finds that any one of these is against the constitution, the judiciary of these is against the constitution, the judiciary has the power to declare it unconstitutional.has the power to declare it unconstitutional.

RULE OF LAWRULE OF LAWThe Rule of Law means that the law The Rule of Law means that the law is supreme over person and is supreme over person and everybody is equally responsible everybody is equally responsible before law howsoever he/she may before law howsoever he/she may be. Also the man is punished on the be. Also the man is punished on the violation of law and no arbitrary violation of law and no arbitrary punishment can be given to himpunishment can be given to him

SINGLE CITIZENSHIPSINGLE CITIZENSHIPThere is provision of single citizenship There is provision of single citizenship in India. A person may be living in in India. A person may be living in any state, but he is the citizen of any state, but he is the citizen of India alone. The principle of double India alone. The principle of double citizenship promotes regionalism and citizenship promotes regionalism and provincialism whereas the principle of provincialism whereas the principle of single citizenship promotes national single citizenship promotes national unity, therefore the principle of single unity, therefore the principle of single citizenship is adopted in India.citizenship is adopted in India.

JOINT ELECTORAL SYSTEMJOINT ELECTORAL SYSTEMThe principle of Joint Electoral System was The principle of Joint Electoral System was adopted after independence. Under adopted after independence. Under Article- 325 of the constitution it is said Article- 325 of the constitution it is said that for every constituency there will be that for every constituency there will be one general electoral roll which will be one general electoral roll which will be one general electoral roll which will one general electoral roll which will include the names of all the voters include the names of all the voters belonging to different classes , religions, belonging to different classes , religions, sex and races etc., and they will elect a sex and races etc., and they will elect a common representative.common representative.

SPECIAL PROVISIONSSPECIAL PROVISIONSSPECIAL PROVISIONS FOR SPECIAL PROVISIONS FOR THEPROTECTION OF THE INTERESTS OF THEPROTECTION OF THE INTERESTS OF SCHEDUELED CASTES, SCHEDULED SCHEDUELED CASTES, SCHEDULED TRIBES, BACKWARD CLASSES AND TRIBES, BACKWARD CLASSES AND MINORITIESMINORITIESEverybody is given the Right to EqualityEverybody is given the Right to EqualityUntouchability has been prohibited Untouchability has been prohibited Under Article 29 and 30 special Under Article 29 and 30 special provisions for the made for the interests provisions for the made for the interests and protection of minorities.and protection of minorities.

NATIONAL COMISSION FOR NATIONAL COMISSION FOR SCHEDULEDSCHEDULED CASTES CASTES

The 68The 68thth Constitutional amendment Constitutional amendment made in 1990, it was provided for the made in 1990, it was provided for the appointment of the National appointment of the National Commission for the scheduled Commission for the scheduled castes for the protection of their castes for the protection of their interests. In 2002, the government interests. In 2002, the government constituted two separate constituted two separate commissions for scheduled castes commissions for scheduled castes and scheduled tribes.and scheduled tribes.

CONSTITUTIONAL CONSTITUTIONAL RECOGNITIONRECOGNITION TO LOCAL SELF- TO LOCAL SELF-GOVERNMENT INSTITUTIONSGOVERNMENT INSTITUTIONSUnder 73Under 73rdrd and 74 and 74thth constitutional constitutional amendments passed in April ,1993.amendments passed in April ,1993.Constitutional recognition was granted to Constitutional recognition was granted to the panchayati Raj Institutions in the the panchayati Raj Institutions in the villages and the urban local bodies in the villages and the urban local bodies in the cities and for this purpose part 9 and part cities and for this purpose part 9 and part 9A and 119A and 11thth and 12 and 12thth schedules were schedules were added to the constitution.added to the constitution.

PROVISIONS OF LIBERAL PROVISIONS OF LIBERAL DEMOCRACYDEMOCRACY

The Constitution of India makes provisions for the The Constitution of India makes provisions for the establishment of liberal democratic government in establishment of liberal democratic government in India.India.

1.1. Provision of universal adult features has been Provision of universal adult features has been made and everybody is given the right to vote made and everybody is given the right to vote without making any discrimination.without making any discrimination.

2.2. Due respect is given to opposition and the leader Due respect is given to opposition and the leader of the opposition is given recognition in both the of the opposition is given recognition in both the houses of Union Parliament and States houses of Union Parliament and States Legislatures.Legislatures.

3.3. India is declared a Secular state.India is declared a Secular state.4.4. There is provision of Individual judiciary.There is provision of Individual judiciary.5.5. There is Rule of law in India.There is Rule of law in India.

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