Tag: Indian Constitution

In this article, we will discuss Salient Features of Indian Constitution (Part-10). So, let’s get started.

Co-operative Societies

The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative societies. In this context, it made the following three changes in the Constitution:

1. It made the right to form co-operative societies a fundamental rights (Article 19).
2. It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43-B).
3. It added a new Part IX-B in the Constitution which is entitled as “The Cooperative Societies” (Article 243-ZH to 243-ZT).

The new part IX-B contains various provisions to ensure that the co-operative societies in the country function in a democratic, professional, autonomous and economically sound manner. It empowers the Parliament in respect of multi-state co-operative societies and the state legislatures in respect of other co-operative societies to make the appropriate law.

In this article, we will discuss Salient Features of Indian Constitution (Part-9). So, let’s get started.

Three-tier Government

Originally, the Indian Constitution, like any other federal Constitution, provided for a dual polity and contained provisions with regards to the organisation and powers of the Centre and the states. Later, the 73rd and 74th constitutional Amendment Acts (1992) have added a third-tier of Government (i.e., local) which is not found in any other Constitution of the world.

The 73rd Amendment Act of 1992 gave Constitutional recognition to the Panchayats (rural local government) by adding a new Part IX and a new Schedule 11 to the Constitution. Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to the municipalities (urban local governments) by adding a new Part IX-A and a new Schedule 12 to the Constitution.

In this article, we will discuss Salient Features of Indian Constitution (Part-8). So, let’s get started.

Single Citizenship

Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship, that is, the Indian citizenship.

In countries like USA, on the other hand, each person is not only a citizen of USA, but also a citizen of the particular state to which he/she belongs. Thus he/she owes allegiance to both and enjoys dual sets of right-one conferred by the National government and another by the state government. In India, all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country and no discrimination is made between them.

Despite the constitutional provision for a single citizenship and uniform rights for all the people, India has been witnessing the communal riots, class conflicts, caste wars, linguistic clashes and ethnic disputes. This means that the cherished goal of the Constitution-makers to build a united and integrated Indian nation has not been fully realised.

In this article, we will discuss Salient Features of Indian Constitution (Part-7). So, let’s get started.

Single Citizenship

Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship, that is, the Indian citizenship.

In countries like USA, on the other hand, each person is not only a citizen of USA, but also a citizen of the particular state to which he/she belongs. Thus he/she owes allegiance to both and enjoys dual sets of right-one conferred by the National government and another by the state government. In India, all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country and no discrimination is made between them.

Despite the constitutional provision for a single citizenship and uniform rights for all the people, India has been witnessing the communal riots, class conflicts, caste wars, linguistic clashes and ethnic disputes. This means that the cherished goal of the Constitution-makers to build a united and integrated Indian nation has not been fully realised.

In this article, we will discuss Salient Features of Indian Constitution (Part-6). So, let’s get started.

Blend of Rigidity and Flexiblity

Constitution are also classified into rigid and flexible. A rigid constitution is one that require a special procedure for its amendment, as for example, the American constitution for staff a flexible constitution on the other hand is one that can be amended in the same manner as the ordinary laws are made as for example the British constitution. The American constitution. A flexible constitution, on the other hand is one that can be amended in the same manner as the ordinary laws are made, as for example the British constitution. The Constitution of India is neither rigid nor flexible, but a synthesis of both. Article 368 provides for two types of amendments:
(a) Some provisions can be amended by a special majority of the Parliament, i.e., a two-third majority of the members of each House present and voting, and a majority of the total membership of each House.
(b) Some other provisions can be amended by a special majority of the Parliyament and with the ratification by half of the total states.

At the same time, some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner of ordinary legislative process. Notably, these amendments do not come under Article 368.

In this article, we will discuss Salient Features of Indian Constitution (Part-5). So, let’s get started.

Federal System with Unitary Bias

The Constitution of India establishes a federal system of Government. It contains all the usual features of a federation, viz., two Government, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.

However, the Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre,all-India services, emergency provisions and so on.

Moreover, the term ‘Federation’ has nowhere been used in the Constitution. Article 1, on the other hand, describes India as a ‘Union of States’ which implies two things: one, Indian Federation is not the result of an agreement by the states; and two, no state has the right to secede from the federation.

Hence, the Indian Constitution has been variously described as ‘federal in form but, unitary in spirit’, quasi-federal’ by K.C. Wheare, ‘bargaining federalism’ by Morris Jones, ‘co-operative federalism’ by Granville Austin , ‘federation with a centralising tendency’ by Ivor jennings and so on.

In this article, we will discuss Salient Features of Indian Constitution (Part-4). So, let’s get started.

Integrated and Independent Judiciary

The Indian Constitution establishes a judicial system that is integrated as well as independent. The Supreme Court stands at the top of the integrated judicial system in the country. Below it, there are high courts at the state level. Under a high court, there is a hierarchy b of subordinate courts, D that is, district courts and other lower courts. This single system of courts enforces both the central laws as well as the state laws, unlike in USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary.

The Supreme Court is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and the guardian of the Constitution. Hence the Constitution has made various provisions to ensure its independence security of tenure of the judges, fixed service conditions for the judges, all the expenses of the Supreme Court charged on the Consolidated Fund of India, prohibition on discussion on the conduct of judges in the legislature, ban on practice after retirement, power to punish for its contempt vested in the Supreme Court, separation of the judiciary from the executive, and so on.

In this article, we will discuss Salient Features of Indian Constitution (Part-3). So, let’s get started.

Parliamentary Form of Government

The Constitution of India has opted for the British Parliamentary System of Government rather than America Presidential System of Government. The parliamentary system is based on the principle of co-operation and co-ordination between the legislative and executive organs while the presidential system is based on the doctrine of separation of powers between the two organs. The parliamentary system is also known as the ‘Westminster’ Model of Government, responsible Government and cabinet Government. The Constitution establishes the parliamentary system not only at the Centre but also in the states.

The features of parliamentary government in India are:
(a) Presence of nominal and real executives;
(b) Majority party rule.
(c) Collective responsibility of the executive to the legislature.
(d) Membership of the ministers in the legislature.
(e) Leadership of the Prime Minister or the Chief Minister.
(f) Dissolution of the lower House (Lok Sabha or Assembly).
Even though the Indian parliamentary system is largely based on the British pattern, there are some fundamental differences between the two. For example, the Indian Parliament is not a sovereign body like the British Parliament. Further, the Indian State has an elected head (republic) while the British State has hereditary head (monarchy).

In a parliamentary system whether in India or Britain, the role of the Prime Minister has become so significant and crucial that the political scientists like to call it a “Prime Ministerial Government”.

In this article, we will discuss Salient Features of Indian Constitution (Part-2). So, let’s get started.

Synthesis of Parliamentary
Sovereignty and Judicial Supremacy

The doctrine of sovereignty of Parliament is
associated with the British Parliament, while the principle of judicial supremacy with that of the American Supreme Court. Just as the Indian parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in US. This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).

Therefore, the framers of the Indian
Constitution have preferred a proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy. The Supreme Court, on the one hand, can declare the parliamentary laws as unconstitutional through its power of judicial review. The Parliament, on the other hand, can amend the major portion of the Constitution through its constituent power.

In this article, we will discuss Salient Features of Indian Constitution (Part-1). So, let’s get started.

Salient Features of Indian Constitution (Part-1)

The salient features of the Constitution as it stands today are as follows :

1. Lengthiest Written Constitution

Constitution are classified into written, like the American Constitution, or unwritten, like the British Constitution. The Constitution of India is the lengthiest of all the written Constitution of the world. It is a very comprehensive elaborare and detailed document. Originally (1949), the  constitution contained a Preamble, 395 Article s (divided into 22 parts) and 8 Schedules. Presently (2019). it consists of a Preamble, about 470 Articles (divided into 25 parts) and 12 Schedules. The various amendments carried out since 1951 have deleted about 20 Articles and one part (VII) and added about 95 Articals, four parts (IVA, IXA, IXB and XIVA ) and four schedules. (9, 10, 11, and 12). No other Constitution in the world has so many Articles and schedules.

Four factors have contributed to the elephantine size of our Constitution. They are:
(a) Geographical factors, that is the vastness of the century and its diversity.
(b)  Historical factors, e.g., the influence of the Government of INDIA Act of 1935, which was bulky.
(c) Single Constitution for both the centre and the states.
(d) Dominance of legal luminaries in the Constituent Assembly.

2. Drawn From Various Sources

The Constitution of India has borrowed most of its provision from the Constitution of various other countries as well as from the Government of India Act of 1935. Dr. B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after ransacking all the known Constitutions of the World. The structural part of the Constitution is, to a large extent, derived from the Government of India Act of 1935. The 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. The political part of the Constitution (the principle of Cabinet Government and the relations between the Executive and the Legislature) have been largely drawn from the British Constitution.

The other provisions of the Constitution have been drawn from the Constitutions of Canada, Australia, Germany, USSR (now Russia), France, South Africa, Japan and so on. The most profound influence and material source of the Constitution is the Government of India Act, 1935. The Federal Scheme, Judiciary, Governors, Emergency Powers, the Public Service Commissions and most of the administrative details are drawn from this Act. More than half of the provisions of Constitution are identical to or bear a close resemblance to the Act of 1935.