Features of Indian Constitution

Indian Constitution

“Sovereign, Socialist, Secular, Democratic Republic + Supreme law of the Nation + Written & lengthiest of the world”

12 Schedules of Indian Constitution

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

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 [arr] In this case, Bill needs 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 [arr] 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 [arr] 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 [arr] Justice + Liberty + Equality + Fraternity

Berubari Case (1960) [arr] SC Verdict: Preamble is not part of constitution hence cannot be amended.

Keshavnanda Bharti Case (1973) [arr] 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”