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
| Schedule | Description |
| 1 | List of States & Union Territories |
| 2 | Salaries |
| 3 | Oaths and affirmations |
| 4 | Allocate seats for each state of India in Rajya Sabha |
| 5 | Administration and control of scheduled areas and tribes |
| 6 | Provisions for administration of Tribal Area in Assam, Meghalaya, Tripura, Mizoram |
| 7 | Gives allocation of powers and functions between Union & States.
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| 8 | List of 22 languages of India recognized by Constitution |
| 9 | Reservation – Contains acts & orders related to land tenure, land tax, railways, industries.{Right of property not a fundamental right now} |
| 10 | Anti-Deflection law |
| 11 | By 73rd amendment; Contains provisions of Panchayati Raj |
| 12 | By 74th amendment; Contains provisions of Municipal Corporation. |
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
| Country | Provision |
| Canada | Quasi Federal with strong center compared to statesGovernors |
| UK | Parliamentary form of GovernmentRule of LawProcedure established by law |
| USA | Fundamental RightsJudicial ReviewIndependent JudiciaryFederal structure |
| USSR | Fundamental Duties |
| Ireland | Directive Principles of State Policy |
| Germany – Weimar | Emergency Provisions |
| France | Ideals of Liberty, Equality & Fraternity |
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 → In this case, Bill need 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 → 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 → 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 → Justice + Liberty + Equality + Fraternity
Berubari Case (1960) → SC Verdict: Preamble is not part of constitution hence cannot be amended
Keshavnanda Bharti Case (1973) → 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”
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