PROJECT REPORT ON: BASIC FEATURES OF THE INDIAN CONSTITUTION
SHERLYN DUDEJA12-LLB-064BASIC FEATURES OF THE INDIAN
CONSTITUTION
INTRODUCTIONConstitution of India is the supreme law.It lays
down the framework defining political principlesEstablishes the
structure, procedures, powers and duties of government
institutionsSets out fundamental rights, directive principles and
duties of citizens.Its repeated criticism is that it is very little
original and mostly borrowed from other constitutionsNonetheless,
it has distinctive features of its own and is unique in many
ways.
FEATURESSIZELongest written constitution of any sovereign
countryIt has 448 articles in 25 parts, 12 schedules, 5 appendices
and has been amended 98 times (out of 120 constitution amendment
bills)Very comprehensive and includes matters which are
legitimately the subject matters of ordinary legislation or
administrative actionThe Government of India act, 1935 was used as
an initial working draftThe size, complexities and diversity of
indian situation necessitated miscellaneous provisions for certain
regions
MODERN CONSTITUTION
Since it was drafted in the mid-twentieth century, it gave an
advantage to take cognizance of various constitutional processes
operating in different countriesRich fund of human experience,
wisdom, heritage and traditions in area of governmental process was
drawnIt suited the political, social and economic conditions in
indiaThus, it turned out to be a very interesting and unique
document
WRITTEN CONSTITUTION
It is a lengthy, elaborate and detailed written
documentOriginally it consisted of 395 Articles arranged under 22
Parts and 8 Schedules.Now, after 98 amendments, it has 448 Articles
and 12 Schedules.
PREAMBLE
Unlike Australia, US or Canada, the Indian Constitution has an
elaborate PreambleIts purpose is to clarify: who has made the
constitution, what is its source, who is the ultimate sanction
behind it, what is the nature of polity and what are its goals and
objectivesIt lays emphasis on principle of equality which is basic
to the Constitution
OUASI- FEDERAL
Federalism is when all powers of governance are divided into
central and state governments.Indian federalism was inspired from
US, Canada and Australia yet it deviates from their federalisms in
many respects establishing its own distinctivenessArticle 249:
Parliament can legislate on any topic of state list if its in
Nations InterestThe States depend largely on financial assistance
from the UnionExistence of Union TerritoriesAppointment of
Governors by PresidentEmergency ProvisionsCommon All India
ServicesThus, its Ouasi- Federal
PARLIAMENTARY SYSTEM
India is a RepublicUnlike US President, Indian President is only
a nominal or constitutional head of the executiveHe acts only on
aid and advice of the Council of MinistersThus, following British
pattern, Indian Constitution has adopted Parliamentary system of
governance
PARLIAMENTARY SOVEREIGNITY AND JUDICIAL SUPREMACY
We are governed by the rule of law and judicial review of
administrative actionSince powers and functions of every organ are
defined and delimited by the Constitution; there is no question of
any organ being SovereignBoth Parliament and Supreme Court are
supreme in their respective spheres
ADULT FRANCHISE
By Parliamentary democracy we mean one man, one voteIndian
Constitution provides for Universal Adult SuffrageEvery adult
Indian without any distinction at once has equal voting rights.
SOCIALISM AND SECULARISM
Preamble establishes the concept of Socialism and
SecularismPrinciple of socialism is to eliminate inequality of
income, status/standards of lifeIt aims to end poverty, ignorance,
disease and inequality of opportunityThe policy of non-
discrimination towards any religion makes India a Secular stateAll
religions are held equally with high esteem
CHARTER OF FUNDAMENTAL RIGHTS
They are incorporated in Part III of the ConstitutionIt has been
adopted from U.S.A.The Constitution guarantees certain basic human
rights and freedoms to the people of India
DIRECTIVE PRINCIPLES
The Directive Principles of State Policy are inspired from the
Irish PrecedentIts a unique feature of our
ConstitutionSocio-economic rights are included under this
headThough they are not enforceable but are expected to guide the
governance of the country
FUNDAMENTAL DUTIES
42nd Amendment to the Constitution added Fundamental
DutiesInspiration is from the U.S.S.R.It lays down 11 duties for
all the citizens
SINGLE CITIZENSHIP
The founding father provided for single-citizenship despite the
federal structureUnlike US, Indian Constitution has single
citizenship where all citizens are entitled to same rights all over
the country
INDEPENDENT JUDICIARY
Independent judiciary is established with powers of judicial
review which strengthens the rule of lawCourts are not subject to
improper influence from other branches of government or from
private interestsJudicial independence is vital to the idea of
Separation of Powers
CASE LAWSHis Holiness Kesavananda Bharati Sripadagalvaru and
Ors. V. State of Kerala and Anr.
While the Parliament has wide powers, it did not have the powers
to destroy or emasculate the basic elements or fundamental features
of the Constitution
Indira Nehru Gandhi v. Raj Narain
The Constitutional Bench of Supreme Court used the basic
structure doctrine to strike down the 39th Amendment and paved the
way for restoration of Indian democracy
Golaknath vs. State of Punjab
Every provision of the Constitution can be amended provided that
the basic foundation and structure of the Constitution remains the
same
