Constitution of INDIA and all articles of the Constitution

Gives a brief detail about the Indian Constitution

1. Constitution of INDIA By Jaival Patel Std:- 9 th A Roll No:- 28

2. Introduction All Countries of the world, is having one central constitution. Yes some countries like USA has dual citizenship and also it’s states are also having separate constitution from the central constitution. Constitution is one the most important part of any democratic nation. The importance of Constitution in the growth and building of society in a nation is so much that it is not negligible.

3. What is constitution? A constitution is a set of fundamental rules that determine how a country or state is run. Almost all constitutions are “codified”, which simply means they are written down clearly in a specific document called “the constitution”. However, some countries, such as Israel, New Zealand and the United Kingdom, have “un-codified” constitutions which can’t be found written down neatly in one particular place. A constitution is the rule book for a state.  It sets out the fundamental principles by which the state is governed.  It describes the main institutions of the state, and defines the relationship between these institutions (for example, between the executive, legislature and judiciary). It places limits on the exercise of power, and sets out the rights and duties of citizens.   

4. What is constitution? Continue… Constitutions usually include the following basic elements: A passionate introductory statement setting out the purpose of the constitution, known as a preamble. A detailed description of how power is to be distributed between the three branches of government - the legislature, executive and judiciary - as well as between national and state levels of government A guarantee of certain basic rights enjoyed by individual citizens of the country.

5. Need of constitution The need of constitution is very vast some points are discussed below:- A Constitution has written laws accepted by people living together in a country. It generates trust and coordination between the government and the citizens. It specifies the type of government for a country and how it should function. It lays down limits on the powers of the government. It lays down the rights and duties of the citizens.

6. Need of constitution Preventing despotism A constitution gives a foundational structure for its political community. It decides what form of government it should follow and its roles in the political community, along with the limitations on its authority. This helps in preventing the government from acting arbitrarily. This would prevent those in power from getting too powerful and oppressive. Constitutionalism is the opposite of despotism. Despotic governments are governments that are not bound by any higher law or a constitution. Such governments govern with the intent of securing their selfish interests, even at the cost of the basic human rights of their subjects

7. Need of constitution 2. Balanced government A constitution helps in separating and distributing power or authority among the institutions of the government. It ensures that all these institutions are restricted in their power and also check and restrain each other. This prevents the domination of any institution over the others. It prevents the exercising of unchecked political power.

8. Need of constitution 3. Constitution as a social instrument Another crucial purpose of a constitution is to provide a framework for socio-economic development. Many constitutions across the world, particularly the Indian Constitution, have been significant in ensuring that marginalized groups receive equality and justice. The Directive Principles of State Policy in Part IV of the Indian Constitution have motivated the government to create laws that serve as instruments for protecting the environment, upholding labour rights, promoting free access of education to children, etc.

9. Need of constitution 4. Stable government and protecting sovereignty Since a Constitution serves the purpose of setting the social and political basis for a political community, it ensures political stability and keeps the community’s sovereignty intact. If a nation does not have a strong political structure, it is more vulnerable to the attacks of external powers. Thus, political communities that do not practice constitutionalism are more likely to crumble.

10. Need of constitution 5. Upholding human rights and democratic values Constitutions are of great importance in the modern democratic world. The constitutions in many democratic nation-states serve the purpose of ensuring that the procedure of selecting those in power is uncorrupt and fair. It also grants people their right to vote and freedom to express their criticism of those in power. Elections, representative government, and the right to criticise those in power are the fundamental characteristics of a democratic society. Constitutions also serve the purpose of guaranteeing the fundamental human rights of citizens. This is essential to ensure that the government does not function in a way that compromises the interests of its subjects.

11. What is constitution mainly consist of ?? Constitution is normally divided into two different parts:- Preamble and The Main Document Now, let’s know about what is Preamble??

12. What is Preamble? The Preamble of the Indian constitution is the main expression and introductory statement that broached the subject purpose.  The Preamble is the major and most effective introductory part of the specific document, which is necessary given into every kind of useful book. Essentially, it is an introductory statement that generally provides you with all kinds of information about the subject.  

13. Preamble

14. Preamble

15. What is Preamble? The user manual essentially comprises the subject purpose, philosophy, uses, ideas and aspirations, major principles and also describes the main objectives. All kinds of information are demonstrated in the Preamble. It is the first thing mentioned on the front page of the document. So, that’s the main and vital purpose of the Preamble. The preamble definition is also defined in that it shows the main purposes.

16. Preamble’s objectives The preamble is based on the Objectives Resolution Which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949 , coming into force on 26 January 1950 .  B. R. Ambedkar said about the preamble: It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things.

17. Preamble’s objectives Preamble represents the various ideals that the leaders of that time kept in mind and always dreamt of. For all those aspiring to become a world leader and for all those selecting their leaders, the basic knowledge of all these ideals and aims is necessary. Another objectives of the preamble includes providing a direction and a purpose to the Indian constitution. When you look at the preamble, you will come across all the points that Indian leaders always wanted India to adapt and move forward with. All the leaders who are currently running the democracy of our country need to follow all the objectives of the preamble and ensure that they take the country in the right direction and India prospers and flourishes.

18. Preamble’s objectives A majority of the Indian population is unaware of their basic fundamental rights. The preamble is a way to be aware of their basic fundamental rights and raise their voice if they feel that one of their rights has been violated by someone else.  If you are acquainted with the objectives of the preamble, your fundamental rights, and the vision of Indian democracy, you can raise your voice against any injustice and support those who put in efforts to accomplish the main objectives of the preamble.

19. Preamble’s objectives It provides a certain set of rules that the law making body and the citizens of our country have to follow. As already discussed in the Nature and objectives of the Preamble of the Indian constitution, it provides a set of rules and laws that every citizen, as well as the leaders of the country, need to abide by. It safeguards the interests of the general public and enforces the government to work for their well-being and development. It addresses the citizens about the importance of equality, liberty, justice, fraternity and entitles every single citizen of the country to certain laws. It ensures that everyone follows a set of rules and protocols that help our country to grow and prosper.

20. The Main Document (With Articles and Appendix) The  Constitution of India  is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens, based on the proposal suggested by M.N. Roy . It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution.

21. The Main Document (With Articles and Appendix) It was adopted by the  Constituent Assembly of India  on 26 November 1949 and became effective on 26 January 1950.  The constitution replaced the  Government of India Act 1935  as the country's fundamental governing document, and the  Dominion of India  became the  Republic of India . To ensure  constitutional autochthony , its framers repealed prior acts of the  British parliament  in Article 395.  India celebrates its constitution on 26 January as  Republic Day .

22. The Main Document (With Articles and Appendix) The constitution declares India a  sovereign ,  socialist ,  secular , and  democratic   republic , assures its citizens  justice ,  equality , and  liberty , and endeavours to promote  fraternity .  The original 1950 constitution is preserved in a  nitrogen -filled case at the  Parliament House  in  New Delhi .

23. Previous Legislature The constitution was drawn from a number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the  Government of India Act 1858 , the  Indian Councils Acts of 1861 ,  1892  and  1909 , the Government of India Acts  1919  and  1935 , and the  Indian Independence Act 1947 . The latter, which led to the creation of  Pakistan , divided the former Constituent Assembly in two. The Amendment act of 1935 is also a very important step for making the constitution for two new born countries. Each new assembly had sovereign power to draft and enact a new constitution for the separate states.

24. Constituent Assembly The constitution was drafted by the  Constituent Assembly , which was elected by elected members of the  provincial assemblies .  The 389-member assembly (reduced to 299 after the  partition of India ) took almost three years to draft the constitution holding eleven sessions over a 165-day period.

25. In the constitution assembly, a member of the drafting committee,  T. T. Krishnamachari  said: Mr. President, Sir, I am one of those in the House who have listened to Dr. Ambedkar very carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution. At the same time, I do realize that that amount of attention that was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee. The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.

26. Constituent Assembly B. R. Ambedkar  in his concluding speech in constituent assembly on 25 November 1949 stated that: The credit that is given to me does not really belong to me. It belongs partly to Sir  B.N. Rau  the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee. While deliberating the revised draft constitution, the assembly moved, discussed and disposed off 2,473 amendments out of a total of 7,635.

27. Constituent Assembly Timeline of formation of the Constitution of India 6 December 1946:  Formation of the Constitution Assembly (in accordance with French practice). 9 December 1946:  The first meeting was held in the constitution hall (now the Central Hall of Parliament House). The 1st person to address was J. B. Kripalani, Sachchidananda Sinha became temporary president. (Demanding a separate state, the Muslim League boycotted the meeting.) 11 December 1946:  The Assembly appointed Rajendra Prasad as its president, H. C. Mukherjee as its vice-president and, B. N. Rau as constitutional legal adviser. (There were initially 389 members in total, which declined to 299 after partition. Out of the 389 members, 292 were from government provinces, four from chief commissioner provinces and 93 from princely states.)

28. Constituent Assembly 13 December 1946:  An "Objective Resolution" was presented by  Jawaharlal Nehru , laying down the underlying principles of the constitution. This later became the Preamble of the Constitution. 22 January 1947:  Objective resolution unanimously adopted. 22 July 1947:   National flag  adopted. 15 August 1947:  Achieved independence. India split into the  Dominion of India  and the  Dominion of Pakistan .

29. Constituent Assembly 29 August 1947:  Drafting Committee appointed with  B. R. Ambedkar  as its Chairman. The other six members of committee were K.M. Munshi, Muhammed Sadulla,  Alladi Krishnaswamy Iyer ,  N. Gopalaswami Ayyangar , Devi Prasad Khaitan and BL Mitter. 16 July 1948:  Along with  Harendra Coomar Mookerjee ,  V. T. Krishnamachari  was also elected as second vice-president of Constituent Assembly. 26 November 1949:  The Constitution of India was passed and adopted by the assembly.

30. Constituent Assembly 24 January 1950:  Last meeting of Constituent Assembly. The Constitution was signed and accepted (with 395 Articles, 8 Schedules, and 22 Parts). 26 January 1950:  The Constitution came into force. (The process took 2 years, 11 months and 18 days—at a total expenditure of 6.4 million to finish.)

31. Drafting Committee Sir  B. N. Rau , a  civil servant  who became the first  Indian judge  in the  International Court of Justice  and was  president of the United Nations Security Council , was appointed as the assembly's constitutional adviser in 1946.  Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948. The draft of B.N. Rau consisted of 243 articles and 13 schedules which came to 395 articles and 8 schedules after discussions, debates and amendments.

32. Drafting Committee At 14 August 1947 meeting of the assembly, committees were proposed. Rau's draft was considered, debated and amended by the eight-person drafting committee, which was appointed on 29 August 1947 with  B. R. Ambedkar  as chair. A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947.

33. Chairman of Drafting Committee Dr. BhimRao Ramji Ambedkar

34. Drafting Committee Before adopting the constitution, the assembly held eleven sessions in 165 days.   On 26 November 1949, it adopted the constitution,  which was signed by 284 members. The day is celebrated as National Law Day,  or  Constitution Day .   The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar.

35. Drafting Committee Each member signed two copies of the constitution, one in Hindi and the other in English.   The original constitution is hand-written, with each page decorated by artists from  Shantiniketan  including  Beohar Rammanohar Sinha  and  Nandalal Bose . Its  calligrapher  was  Prem Behari Narain Raizada .

36. Drafting Committee  The constitution was published in  Dehradun  and  photolithographed  by the  Survey of India . Production of the original constitution took nearly five years. Two days later, on 26 January 1950, it became the law of  India .  The estimated cost of the Constituent Assembly was 6.3  crore . [16]  The constitution has had  more than 100 amendments  since it was enacted.  The assembly's final session convened on 24 January 1950.

37. Jawaharlal Signing the Constitution

38. Various Extracts taken from the other nations’ constitutions of the World As we know that our nation got independence on 1947 but various other country were independent before us so our Constitution markers read various constitutions of other nation Especially our constitution makers we studying constitution of the super power nations Let’s see what extracts have been taken form the other constitution and added to our constitution

39. Various Extracts taken from the other nations’ constitutions of the World Government Influence   United Kingdom Parliamentary government Nominal  head of the state Post of  Prime Minister More powerful  lower house Concept of single citizenship Legislative procedure Bicameral legislature Rule of law Cabinet system The  legislative speaker  and their role Prerogative writ Parliamentary privilege

40. Various Extracts taken from the other nations’ constitutions of the World   United States Bill of Rights  ( Fundamental rights ) Written constitution Preamble to the Constitution Federal structure of government Impeachment of the President Post of the  Vice President  and his functions [ The institution of the  Supreme Court Removal of  Supreme Court  and  High courts judges Electoral College Independent judiciary and separation of powers Judicial review President as commander-in-chief of the armed forces Equal protection under law

41. Various Extracts taken from the other nations’ constitutions of the World   Ireland Directive principles of state policy Nomination of members  to the  Rajya Sabha  by the President Method of election of the  President   Australia Freedom of trade between states National legislative power to implement treaties, even on matters outside normal federal jurisdiction Concurrent List Provision of  Joint Session of the Parliament Preamble terminology   France Notions of  liberté, égalité, fraternité  ( liberty ,  equality ,  fraternity ) in the preamble The ideals of  republic  in the preamble

42. Various Extracts taken from the other nations’ constitutions of the World   Canada Quasi-federal government—a federal system with a strong central government Distribution of powers between the  central  and  state   governments Residual powers , retained by the central government Appointment of  Governor of states  by Centre Advisory jurisdiction of the Supreme Court

43. Various Extracts taken from the other nations’ constitutions of the World   Soviet Union Fundamental Duties  under article 51-A. Mandated  planning commission  to oversee economic development Ideals of justice (social, economic and political) in the preamble   Weimar Republic Suspension of fundamental rights during  emergency   South Africa Amendment procedure of the constitution Election of members of  Rajya Sabha   Japan Procedure established by law Laws on which the  Supreme Court   functions

44. The content of Indian Constitution The Indian constitution is the world's longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules.  At about 145,000 words, it is the second-longest active constitution—after the  Constitution of Alabama —in the world. The amended constitution has a preamble and 470 articles, which are grouped into 25 parts.  With 12 schedules and five appendices, it has been amended  105 times ; the  latest amendment  became effective on 15 August 2021.

45. The content of Indian Constitution The constitution's articles are grouped into the following parts: Preamble , with the words "socialist", "secular" and 'integrity' added in 1976 by the 42nd amendment Part I  –  The Union and its Territory  – Articles 1 to 4 Part II  –  Citizenship  – Articles 5 to 11 Part III  –  Fundamental Rights  – Articles 12 to 35 Part IV  –  Directive Principles of State Policy  – Articles 36 to 51 Part IVA  –  Fundamental Duties – Article 51A Part V  – The Union – Articles 52 to 151

46. The content of Indian Constitution Part VI  – The States – Articles 152 to 237 Part VII  – States in the B part of the first schedule  (repealed)  – Article 238 Part VIII  – Union Territories – Articles 239 to 242 Part IX  – Panchayats – Articles 243 to 243(O) Part IXA  – Municipalities – Articles 243(P) to 243(ZG) Part IXB  – Co-operative societies – Articles 243(ZH) to 243(ZT) Part X  – Scheduled and tribal areas – Articles 244 to 244A

47. The content of Indian Constitution Part XI  – Relations between the Union and the States – Articles 245 to 263 Part XII  – Finance,  property , contracts and suits – Articles 264 to 300A Part XIII  – Trade and commerce within India – Articles 301 to 307 Part XIV – Services under the union and states – Articles 308 to 323 Part XIVA  – Tribunals – Articles 323A to 323B Part XV  – Elections – Articles 324 to 329A Part XVI  – Special provisions relating to certain classes – Articles 330 to 342 Part XVII  – Languages – Articles 343 to 351 Part XVIII  – Emergency provisions – Articles 352 to 360

48. The content of Indian Constitution Part XIX  – Miscellaneous – Articles 361 to 367 Part XX  – Amendment of the Constitution – Articles 368 Part XXI  – Temporary, transitional and special provisions – Articles 369 to 392 Part XXII  – Short title, date of commencement, authoritative text in  Hindi  and repeals – Articles 393 to 395

49. Schedules Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy. Schedule Article(s) Description First 1 and 4 Lists India's states and territories, changes in their borders and the laws used to make that change. Second 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221 Lists the salaries of public officials, judges, and the  comptroller and auditor general .

50. Schedules Third 75(4), 99, 124(6), 148(2), 164(3), 188 and 219 Forms of oaths – Lists the oaths of office for elected officials and judges Fourth 4(1) and 80(2) Details the allocation of seats in the  Rajya Sabha  (upper house of Parliament) by state or union territory. Fifth 244(1) Provides for the administration and control of Scheduled Areas  and  Scheduled Tribes ( areas and tribes requiring special protection).

51. Schedules Sixth 244(2) and 275(1) Provisions made for the administration of tribal areas in  Assam ,  Meghalaya ,  Tripura , and  Mizoram . Seventh 246 Central government, state, and concurrent lists of responsibilities Eighth 344(1) and 351 Official languages Ninth 31-B Validation of certain acts and regulations .

52. Schedules Tenth 102(2) and 191(2) Antidefection  provisions for members of Parliament and state legislatures. Eleventh 243-G Panchayat Raj  (rural local government) Twelfth 243-W Municipalities  (urban local government)

53. Appendices Appendix I  – The Constitution (Application to Jammu and Kashmir) Order, 1954 Appendix II  – Re-statement, referring to the constitution's present text, of exceptions and modifications applicable to the state of Jammu and Kashmir Appendix III  – Extracts from the Constitution (Forty-fourth Amendment) Act, 1978 Appendix IV  – The Constitution (Eighty-sixth Amendment) Act, 2002 Appendix V  – The Constitution (Eighty-eighth Amendment) Act, 2003

54. The legislature and amendments Article 368  dictates the procedure for  constitutional amendments . Amendments are additions, variations or repeal of any part of the constitution by Parliament. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures.

55. The legislature and amendments Unlike ordinary bills in accordance with  Article 245  (except for  money bills ), there is no provision for a joint session of the  Lok Sabha  and  Rajya Sabha  to pass a constitutional amendment. During a parliamentary recess, the president cannot promulgate  ordinances  under his legislative powers under  Article 123, Chapter III . Despite the  supermajority  requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document.  The constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.

56. The legislature and amendments In 2000, the  Justice Manepalli Narayana Rao Venkatachaliah Commission  was formed to examine a constitutional update. The commission submitted its report on 31 March 2002. However, the recommendations of this report have not been accepted by the consecutive governments. The  government of India  establishes term-based  law commissions  to recommend legal reforms, facilitating the rule of law.

57. Governmental sources of power The executive, legislative, and judicial branches of government receive their power from the constitution and are bound by it. With the aid of its constitution, India is governed by a  parliamentary system  of government with the  executive  directly accountable to the  legislature . Under Articles 52 and 53: the  president of India  is head of the executive branch Under  Article 60 : the duty of preserving, protecting, and defending the constitution and the law.

58. Governmental sources of power Under  Article 74 : the  prime minister  is the head of the  Council of Ministers , which aids and advises the president in the performance of their constitutional duties. Under Article 75(3): the Council of Ministers is answerable to the  lower house . The constitution is considered  federal  in nature, and  unitary  in spirit. It has features of a federation, including a  codified , supreme constitution; a three-tier governmental structure (central, state and local);  division of powers ;  bicameralism ; and an independent  judiciary .

59. Governmental sources of power It also possesses unitary features such as a single constitution, single  citizenship , an integrated judiciary, a flexible constitution, a strong  central government , appointment of  state governors by the central government,  All India Services (the IAS, IFS    and  IPS ), and  emergency provisions . This unique combination makes it quasi-federal in form.

60. Governmental sources of power Each state and  union territory  has its own government. Analogous to the president and prime minister, each has a  governor  or (in union territories) a  lieutenant governor  and a  chief minister .  Article 356  permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. This power, known as  president's rule , was abused as state governments came to be dismissed on flimsy grounds for political reasons.

61. Governmental sources of power After the  S. R. Bommai v. Union of India  decision, such a course of action is more difficult since the courts have asserted their right of review. The 73rd and 74th Amendment Acts introduced the system of  panchayati raj  in rural areas and  Nagar Palikas  in urban areas. Article 370  gave special status to the state of  Jammu and Kashmir .

62. Constitution of India – Major Features Constitution of India – Major Features Constitutions are classified into written, like the American Constitution, or unwritten, like the British Constitution. The Constitution of India has the distinction of being the lengthiest and most detailed constitutional document the world has so far produced. In other words, the Constitution of India is the lengthiest of all the written constitutions of the world. It is a very comprehensive, elaborate and detailed document. The Constitution of India contains not only the fundamental principles of governance but also detailed administrative provisions. Both justiciable and non-justiciable rights are included in the Constitution.

63. Constitution of India – Major Features 2. Drawn from Various Sources The Constitution of India has borrowed most of its provisions from the constitutions of various other countries as well as from the Government of India Act of 1935 [About 250 provisions of the 1935 Act have been included in the Constitution]. 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 (Fundamental Rights and the Directive Principles of State Policy) derive its 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) has been largely drawn from the British Constitution.

64. Constitution of India – Major Features 3 . Blend of Rigidity and Flexibility Constitutions are classified into  rigid  and  flexible . A rigid constitution is one that requires a special procedure for its amendment, for example, the American Constitution. A flexible constitution is one that can be amended in the same manner as ordinary laws are made, for example, the British Constitution. The Indian Constitution is a unique example of a combination of rigidity and flexibility. A constitution may be called rigid or flexible on the basis of its amending procedure. The Indian Constitution provides for three types of amendments ranging from simple to most difficult procedures depending on the nature of the amendment.

65. Constitution of India – Major Features 4. Federal System with Unitary Bias The Constitution of India establishes a federal system of government. It contains all the usual features of a federation, such as two governments, division of powers, written constitution, the supremacy of the constitution, the rigidity of the Constitution, independent judiciary and bicameralism. However, the Indian Constitution also contains a large number of unitary or non-federal features, such as a strong Centre, a single Constitution, the appointment of a state governor by the Centre, all-India services, an integrated judiciary, and so on. Moreover, the term ‘Federation’ has nowhere been used in the Constitution. Article 1 describes India as a  ‘Union of States’  which implies two things: Indian Federation is not the result of an agreement by the states. 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’, and ‘quasi-federal’ by K C Where.

66. Constitution of India – Major Features 5. Parliamentary Form of Government The Constitution of India has opted for the British Parliamentary System of Government rather than the American Presidential system of government. The parliamentary system is based on the principle of cooperation and coordination 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. In a parliamentary system, the role of the Prime Minister has become so significant, and therefore it is called a ‘Prime Ministerial Government’.

67. Constitution of India – Major Features 6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy The doctrine of the 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 the 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 can declare parliamentary laws unconstitutional through its power of judicial review. The Parliament can amend the major portion of the Constitution through its constituent power.

68. Constitution of India – Major Features 8. Integrated and Independent Judiciary India has a single integrated judicial system. Also, the Indian Constitution establishes Independent Judiciary by enabling the Indian judiciary to be free from the influence of the executive and the legislature. The Supreme Court stands as the apex court of the judicial system. Below the Supreme Court are the High Courts at the state level. Under a high court, there is a hierarchy of subordinate courts, that is district courts and the other lower courts. 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.

69. Constitution of India – Major Features 9. Fundamental Rights Part III of the Indian Constitution guarantees six fundamental rights to all Citizens. Fundamental Rights are one of the important features of the Indian Constitution. The Constitution contains the basic principle that every individual is entitled to enjoy certain rights as a human being and the enjoyment of such rights does not depend upon the will of any majority or minority. No majority has the right to abrogate such rights. The fundamental rights are meant for promoting the idea of political democracy. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. They are  justifiable  in nature, that is, enforceable by the courts for their violation

70. Constitution of India – Major Features 10. Directive Principles of State Policy According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution. They are enumerated in Part IV of the Constitution. The Directive Principles were included in our Constitution in order to provide social and economic justice to our people. Directive Principles aim at establishing a welfare state in India where there will be no concentration of wealth in the hands of a few. They are non-justiciable in nature. In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles’.

71. Constitution of India – Major Features 11. Fundamental Duties The original constitution did not provide for the fundamental duties of the citizens. Fundamental Duties were added to our Constitution by the 42nd Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. It lays down a list of ten Fundamental Duties for all citizens of India. Later, the 86th Constitutional Amendment Act of 2002 added one more fundamental duty. While the rights are given as guarantees to the people, the duties are obligations that every citizen is expected to perform. However, like the Directive Principles of State Policy, the duties are also  non-justiciable  in nature. There is a total of 11 Fundamental duties altogether.

72. Constitution of India – Major Features 12. Indian Secularism The Constitution of India stands for a secular state. Hence, it does not uphold any particular religion as the official religion of the Indian State. The distinguishing features of a secular democracy contemplated by the Constitution of India are: The State will not identify itself with or be controlled by any religion; While the State guarantees everyone the right to profess whatever religion one chooses to follow (which includes also the right to be an antagonist or an atheist), it will not accord preferential treatment to any of them; No discrimination will be shown by the State against any person on account of his religion or faith; and The right of every citizen, subject to any general condition, to enter any office under the state will be equal to that of fellow citizens. Political equality which entitles any Indian citizen to seek the highest office under the State is the heart and soul of secularism as envisaged by Constitution.

73. Constitution of India – Major Features 12. Indian Secularism The conception aims to establish a secular state. This does not mean that the State in India is anti-religious. The Western concept of secularism connotes a complete separation between religion and the state (negative concept of secularism). But, the Indian constitution embodies the  positive concept of secularism , i.e., giving equal respect to all religions or protecting all religions equally. Moreover, the Constitution has also abolished the old system of communal representation. However, it provides for the temporary reservation of seats for the scheduled castes and scheduled tribes to ensure adequate representation to them.

74. Constitution of India – Major Features 13. Universal Adult Franchise Indian democracy functions on the basis of ‘one person one vote’. Every citizen of India who is 18 years of age or above is entitled to vote in the elections irrespective of caste, sex, race, religion or status. The Indian Constitution establishes political equality in India through the method of universal adult franchise.

75. Constitution of India – Major Features 14. Single Citizenship In a federal state usually, the citizens enjoy double citizenship as is the case in the USA. In India, there is only single citizenship. It means that every Indian is a citizen of India, irrespective of the place of his/her residence or place of birth. He/she is not a citizen of the Constituent State like Jharkhand, Uttaranchal or Chhattisgarh to which he/she may belong but remains a citizen of India. All the citizens of India can secure employment anywhere in the country and enjoy all the rights equally in all parts of India. The Constitution makers deliberately opted for single citizenship to eliminate regionalism and other disintegrating tendencies. Single citizenship has undoubtedly forged a sense of unity among the people of India.

76. Constitution of India – Major Features 15. Independent Bodies The Indian Constitution not only provides for the legislative, executive and judicial organs of the government (Central and state) but also establishes certain independent bodies. They are envisaged by the Constitution as the bulwarks of the democratic system of Government in India.

77. Constitution of India – Major Features 16. Emergency Provisions The Constitution makers also foresaw that there could be situations when the government could not be run as in ordinary times. To cope with such situations, the Constitution elaborates on emergency provisions. There are three types of emergency Emergency caused by war, external aggression or armed rebellion [Article 352] Emergency arising out of the failure of constitutional machinery in states [Article 356 & 365] Financial emergency [Article 360].

78. Constitution of India – Major Features 16. Emergency Provisions The rationality behind the incorporation of these provisions is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution. During an emergency, the central government becomes all-powerful and the states go into total control of the centre. This kind of transformation of the political system from federal (during normal times) to unitary (during an Emergency) is a unique feature of the Indian Constitution.

79. Constitution of India – Major Features 17. Three-tier Government Originally, the Indian Constitution provided for a dual polity and contained provisions with regard to the organization and powers of the Centre and the States. Later, the 73rd and 74th Constitutional Amendment Acts (1992) have added a third-tier of government (that is, Local Government), 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 governments) 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 government) by adding a new Part IX-A and a new Schedule 12 to the Constitution.

80. Constitution of India – Major Features 18. Co-operative Societies The 97th Constitutional Amendment Act of 2011 gave constitutional status and protection of cooperative societies. In this context, it made the following three changes to the Constitution: It made the right to form cooperative societies a fundamental right (Article 19). It included a new Directive Principles of State Policy on the promotion of cooperative societies (Article 43-B). It added a new Part IX-B in the Constitution which is entitled “The Co-operative Societies” [Articles 243-ZH to 243-ZT]. The new Part IX-B contains various provisions to ensure that the cooperative societies in the country function in a democratic, professional, autonomous and economically sound manner. It empowers the Parliament in respect of multi-state cooperative societies and the state legislatures in respect of other cooperative societies to make the appropriate law

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