BASIC FEATURES OF
BASICFEATURES OF
INDIAN CONSTITUTION
INDIAN CONSTITUTION
Department of Political Science,
Department of Political Science,
Smt.A.S.M.C. for Women,
Smt.A.S.M.C. for Women,
Ballari.
Ballari.
3.
INTRODUCTION
INTRODUCTION
The Constitution ofIndia was drafted by the Constituent
The Constitution of India was drafted by the Constituent
Assembly. The Constituent Assembly held its first sitting on the
Assembly. The Constituent Assembly held its first sitting on the
9th December, 1946. It reassembled on the 14th August, 1947, as
9th December, 1946. It reassembled on the 14th August, 1947, as
the sovereign Constituent Assembly for the Dominion of India.
the sovereign Constituent Assembly for the Dominion of India.
Constitution of India is the supreme law of India. It lays down
Constitution of India is the supreme law of India. It lays down
the framework defining fundamental political principles,
the framework defining fundamental political principles,
establishing the structure, procedures, powers and duties, of the
establishing the structure, procedures, powers and duties, of the
government and spells out the fundamental rights, directive
government and spells out the fundamental rights, directive
principles and duties of citizens. Passed by the Constituent
principles and duties of citizens. Passed by the Constituent
Assembly on 26 November 1949, it came into effect on 26
Assembly on 26 November 1949, it came into effect on 26
January 1950. The date 26 January was chosen to
January 1950. The date 26 January was chosen to
commemorate the declaration of independence of 1930.
commemorate the declaration of independence of 1930.
4.
The Constitution ofevery country has
The Constitution of every country has
certain special features because the
certain special features because the
historical background ,social, economic
historical background ,social, economic
and political conditions influence the
and political conditions influence the
making of the constitution. All these
making of the constitution. All these
factors have contributed in the making of
factors have contributed in the making of
the Constitution of India.
the Constitution of India.
5.
WRITTEN CONSTITUTION
WRITTEN CONSTITUTION
Thewritten constitution is the one which you
The written constitution is the one which you
can get in the form of a book and can be
can get in the form of a book and can be
read. There are 395 Articles, 12 schedules and
read. There are 395 Articles, 12 schedules and
it has been divided into 22 parts and till date
it has been divided into 22 parts and till date
more than 104 amendments have been
more than 104 amendments have been
made into it. The Constitution, in its current
made into it. The Constitution, in its current
form, consists of a preamble, 22 parts
form, consists of a preamble, 22 parts
containing 448 articles, 12 schedules, 5
containing 448 articles, 12 schedules, 5
appendices and 108 amendments to date
appendices and 108 amendments to date.
.
6.
UNWRITTEN CONSTITUTION
UNWRITTEN CONSTITUTION
Theconventions grow automatically and make their special
The conventions grow automatically and make their special
place in the constitutional system. The important conventions
place in the constitutional system. The important conventions
of the Indian Constitution :
of the Indian Constitution :
Prime Minister in Lok Sabha and Chief minister in State
Prime Minister in Lok Sabha and Chief minister in State
Legislative Assembly is the leader of the majority party.
Legislative Assembly is the leader of the majority party.
The Speaker and Deputy Speaker of lok sabha are generally
The Speaker and Deputy Speaker of lok sabha are generally
elected unopposed.
elected unopposed.
The Governor is generally taken from other state and the
The Governor is generally taken from other state and the
Chief minister of the concerned state is consulted at the time
Chief minister of the concerned state is consulted at the time
of his appointment.
of his appointment.
7.
DETAILED CONSTITUTION
DETAILED CONSTITUTION
TheIndian Constitution is the longest and the most
The Indian Constitution is the longest and the most
detailed in the world. A detailed list of Fundamental
detailed in the world. A detailed list of Fundamental
Rights from article 12-25 is included in chapter 3rd of
Rights from article 12-25 is included in chapter 3rd of
the constitution. In chapter 4th from article 35-51 a
the constitution. In chapter 4th from article 35-51 a
detailed list of directive principles of State Policy is
detailed list of directive principles of State Policy is
also included which are guidelines of the State in
also included which are guidelines of the State in
policy making. From article 350-360 the Emergency
policy making. From article 350-360 the Emergency
powers of the President have also been included in
powers of the President have also been included in
it. A detailed description of center-states relations is
it. A detailed description of center-states relations is
given in chapter 11 and 12 of it.
given in chapter 11 and 12 of it.
8.
Constitution starts withpreamble.
Constitution starts with preamble.
The preamble has been accepted as the part of the
The preamble has been accepted as the part of the
constitution. It includes the objectives of the
constitution. It includes the objectives of the
constitution such as to provides Liberty, Equality
constitution such as to provides Liberty, Equality
and Justice to the citizens, and to promote amomg
and Justice to the citizens, and to promote amomg
them all fraternity, assuring the dignity of the
them all fraternity, assuring the dignity of the
individual and unity and integrity of the nation. It
individual and unity and integrity of the nation. It
also states about the nature of the state which is
also states about the nature of the state which is
Sovereign, Socialist, Secular, Democratic Republic.
Sovereign, Socialist, Secular, Democratic Republic.
9.
CONSTITUTION DRAWN FROM
CONSTITUTIONDRAWN FROM
VARIOUS SOURCES
VARIOUS SOURCES
The objective of the Constituent Assembly was not to enact
The objective of the Constituent Assembly was not to enact
an original constitution rather to enact a good and workable
an original constitution rather to enact a good and workable
constitution. The assembly evaluated the constitutions of
constitution. The assembly evaluated the constitutions of
other countries and whatever good they found in these
other countries and whatever good they found in these
constitutions, they included in their own constitution.
constitutions, they included in their own constitution.
Parliamentary Government and Rule of Law are the
Parliamentary Government and Rule of Law are the
influences of the British Constitution.
influences of the British Constitution.
The Fundamental Rights and the special position of the
The Fundamental Rights and the special position of the
judiciary is the influence of the constitution of U.S.A
judiciary is the influence of the constitution of U.S.A
The Directive Principles of State Policy have been borrowed
The Directive Principles of State Policy have been borrowed
from the constitution of Ireland.
from the constitution of Ireland.
10.
4. The Federalsystem of India is the influence of
4. The Federal system of India is the influence of
Canadian Constitution.
Canadian Constitution.
5. The method of the amendment of the
5. The method of the amendment of the
constitution and the method of the election of the
constitution and the method of the election of the
members of Rajya Sabha have been borrowed from
members of Rajya Sabha have been borrowed from
the constitution of South Africa.
the constitution of South Africa.
6. The Emergency powers of the President are the
6. The Emergency powers of the President are the
influence of the Weimer Constitution of Germany.
influence of the Weimer Constitution of Germany.
11.
Sovereign ,Socialist ,Secular,Democ
Sovereign,Socialist ,Secular,Democ
ratic, Republic
ratic, Republic
India has been declared a sovereign, secular, Democratic,
India has been declared a sovereign, secular, Democratic,
Republic through the Preamble of the Constitution of India.
Republic through the Preamble of the Constitution of India.
Sovereign State –India is free to formulate its internal and
Sovereign State –India is free to formulate its internal and
foreign policy and free to maintain relations with any foreign
foreign policy and free to maintain relations with any foreign
state.
state.
Socialist State- The aim of the state is to establish socialist
Socialist State- The aim of the state is to establish socialist
society which is free from exploitation of man by man and in
society which is free from exploitation of man by man and in
which social economic and political justice is provided to all.
which social economic and political justice is provided to all.
Secular State- The state has no religion of its own, it does not
Secular State- The state has no religion of its own, it does not
discriminate against any religion by imposing restrictions
discriminate against any religion by imposing restrictions
upon it
upon it
12.
4. Democratic State-The preamble also
4. Democratic State -The preamble also
declares India to be a democratic state in
declares India to be a democratic state in
which the supreme power rests in the hands
which the supreme power rests in the hands
of the people.
of the people.
5. Republic- The President of India is elected
5. Republic- The President of India is elected
for a fixed term by the indirect vote of the
for a fixed term by the indirect vote of the
people.
people.
13.
FUNDAMENTAL RIGHTS
FUNDAMENTAL RIGHTS
Fundamentalrights have been included into the
Fundamental rights have been included into the
chapter 3rd of the constitution from Article- 12 to 35
chapter 3rd of the constitution from Article- 12 to 35
Right to Equality
Right to Equality
Right to Freedom
Right to Freedom
Right Against Exploitation
Right Against Exploitation
Right to Religious Freedom
Right to Religious Freedom
Cultural and Educational rights
Cultural and Educational rights
Right to Constitution Remedies
Right to Constitution Remedies
14.
RIGHT TO PROPERTY,AN
RIGHT TO PROPERTY ,AN
ORDINARY RIGHT
ORDINARY RIGHT
Till 1979 Right to Property was included in the
Till 1979 Right to Property was included in the
list of Fundamental Rights. But through 42nd
list of Fundamental Rights. But through 42nd
amendment has been made an ordinary
amendment has been made an ordinary
right and for this purpose Articls-300 A has
right and for this purpose Articls-300 A has
been included into the constitution.
been included into the constitution.
15.
PARLIAMENTARY FORM OF
PARLIAMENTARYFORM OF
GOVERNMENT
GOVERNMENT
The Constituent Assembly decided to adopt Parliamentary
The Constituent Assembly decided to adopt Parliamentary
form of government both for the center and the states.
form of government both for the center and the states.
Distinction is made between nominal and real executive
Distinction is made between nominal and real executive
head.
head.
The Council of Ministers is responsible before the Lok
The Council of Ministers is responsible before the Lok
Sabha, The lower house of union parliament.
Sabha, The lower house of union parliament.
There are close relations between executive and legislature.
There are close relations between executive and legislature.
The tenure of the Council of Ministers is not fixed as it stays
The tenure of the Council of Ministers is not fixed as it stays
in office till it enjoys the confidence
in office till it enjoys the confidence
16.
FUNDAMENTAL DUTIES
FUNDAMENTAL DUTIES
TheseFundamental rights have been
These Fundamental rights have been
provided at the cost of some fundamental
provided at the cost of some fundamental
duties. These are considered as the duties that
duties. These are considered as the duties that
must be and should be performed by every
must be and should be performed by every
citizen of India. These fundamental duties are
citizen of India. These fundamental duties are
defined as:
defined as:
17.
To abide bythe Constitution and respect its ideals and institutions, the National Flag
To abide by the Constitution and respect its ideals and institutions, the National Flag
and the National Anthem;
and the National Anthem;
To cherish and follow the noble ideals which inspired our national struggle for
To cherish and follow the noble ideals which inspired our national struggle for
freedom;
freedom;
To uphold and protect the sovereignty, unity and integrity of India;
To uphold and protect the sovereignty, unity and integrity of India;
To defend the country and render national service when called upon to do so;
To defend the country and render national service when called upon to do so;
To promote harmony and the spirit of common brotherhood amongst all the people
To promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities; to
of India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women;
renounce practices derogatory to the dignity of women;
To value and preserve the rich heritage of our composite culture;
To value and preserve the rich heritage of our composite culture;
To protect and improve the natural environment including forests, lakes, rivers and
To protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures;
wild life, and to have compassion for living creatures;
To develop the scientific temper, humanism and the spirit of inquiry and reform;
To develop the scientific temper, humanism and the spirit of inquiry and reform;
To safeguard public property and to abjure violence;
To safeguard public property and to abjure violence;
To strive towards excellence in all spheres of individual and collective activity so that
To strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavour and achievement.
the nation constantly rises to higher levels of endeavour and achievement.
18.
FIXED SIZE OFCOUNCIL OF
FIXED SIZE OF COUNCIL OF
MINISTERS
MINISTERS
Under this amendment the size of council of
Under this amendment the size of council of
ministers of both Center and States has been
ministers of both Center and States has been
fixed and now it cannot be more than 15% of
fixed and now it cannot be more than 15% of
the total strength of the lower house of
the total strength of the lower house of
Parliament in Center and States legislatures
Parliament in Center and States legislatures
in the states. In case the strength of the
in the states. In case the strength of the
Legislative Assembly in a State is 60 or less
Legislative Assembly in a State is 60 or less
than that, then the maximum number of the
than that, then the maximum number of the
ministers will be 12 which will include the
ministers will be 12 which will include the
Chief Minister.
Chief Minister.
19.
RIGID AS WELLAS FLEXIBLE
RIGID AS WELL AS FLEXIBLE
CONSTITUTION
CONSTITUTION
Indian constitution is neither rigid as the constitution of
Indian constitution is neither rigid as the constitution of
U.S.A nor flexible as the constitution of Great Britain.
U.S.A nor flexible as the constitution of Great Britain.
Under Article-368 of the constitution,
Under Article-368 of the constitution,
1.
1. Some of the articles of the constitution can be amended by
Some of the articles of the constitution can be amended by
the union parliament by passing a resolution with 2/3
the union parliament by passing a resolution with 2/3rd
rd
majority of the members present and voting and absolute
majority of the members present and voting and absolute
majority of the total members.
majority of the total members.
2.
2. Some of the articles of the constitution can be amended by
Some of the articles of the constitution can be amended by
the Union Parliament by passing resolution with 2/3
the Union Parliament by passing resolution with 2/3rd
rd
majority of the members present and voting and absolute
majority of the members present and voting and absolute
majority of the total members and approval of ½ State
majority of the total members and approval of ½ State
Legislatures.
Legislatures.
20.
FEDERAL IN FORM, UNITARY IN
FEDERAL IN FORM , UNITARY IN
SPIRIT
SPIRIT
The Constitution of India provides for
The Constitution of India provides for
<<CENTRALISED FEDERALISM>>. There is no doubt
<<CENTRALISED FEDERALISM>>. There is no doubt
that federal system has been adopted in India, but
that federal system has been adopted in India, but
keeping in mind certain special situations, the
keeping in mind certain special situations, the
centre is made more powerful or strong. Federal
centre is made more powerful or strong. Federal
features :
features :
1.
1. Written Constitution
Written Constitution
2.
2. Rigid constitution
Rigid constitution
3.
3. Supremacy of the constitution
Supremacy of the constitution
4.
4. Division of subjects
Division of subjects
5.
5. Independent judiciary etc.
Independent judiciary etc.
21.
UNIVERSAL
UNIVERSAL ADULT FRANCHISE
ADULTFRANCHISE
Article-326 provides for universal adult
Article-326 provides for universal adult
franchise and evry citizen including both
franchise and evry citizen including both
male and female who is 18 years of age is
male and female who is 18 years of age is
given the right to vote without making any
given the right to vote without making any
discrimination on the basis of sex, caste, colour
discrimination on the basis of sex, caste, colour
religion etc.
religion etc.
22.
SECULAR STATE
SECULAR STATE
Everyperson has the right to practise, profess,
Every person has the right to practise, profess,
propagate his/her religion according to his/her
propagate his/her religion according to his/her
goodwill. The religious dominations have the
goodwill. The religious dominations have the
right to establish and maintain institutions for
right to establish and maintain institutions for
religious and charitable purposes; to manage
religious and charitable purposes; to manage
its own affairs in matters of religion; to own
its own affairs in matters of religion; to own
and acquire movable and immovable
and acquire movable and immovable
property and to administer such property in
property and to administer such property in
accordance with law. But no individual is
accordance with law. But no individual is
allowed to misuse his or her religious freedom.
allowed to misuse his or her religious freedom.
23.
BI-CAMERAL LEGISLATURE
BI-CAMERAL LEGISLATURE
Accordingto Article 168 for every state there shall be
According to Article 168 for every state there shall be
legislature which shall consist of Governor and
legislature which shall consist of Governor and
legislative Council and legislative assembly. Article-
legislative Council and legislative assembly. Article-
169 provides for the abolition and creation of
169 provides for the abolition and creation of
Legislative Council which is known as the upper
Legislative Council which is known as the upper
house of State Legislature and at present there is bi-
house of State Legislature and at present there is bi-
cameral legislature in the states of Bihar,
cameral legislature in the states of Bihar,
Maharashtra, Andhra Pradesh, Karnataka, Uttar
Maharashtra, Andhra Pradesh, Karnataka, Uttar
Pradesh and Jammu and Kashmir whereas there is
Pradesh and Jammu and Kashmir whereas there is
one house in all other states.
one house in all other states.
24.
LIMITED POWERS OFTHE
LIMITED POWERS OF THE
PARLIAMENT
PARLIAMENT
Indian Parliament is non-sovereign. There are
Indian Parliament is non-sovereign. There are
limitations on the powers of the Parliament-
limitations on the powers of the Parliament-
1.
1. It can pass laws on those subjects which have been
It can pass laws on those subjects which have been
entrusted to it by the constitution.
entrusted to it by the constitution.
2.
2. The bills passed by the Parliament need the
The bills passed by the Parliament need the
approval of the President.
approval of the President.
3.
3. The supreme court can exercise the powers of
The supreme court can exercise the powers of
judicial review over the laws passed by the
judicial review over the laws passed by the
parliament and can declare unconstitutional the
parliament and can declare unconstitutional the
laws which it considers are against the constitution.
laws which it considers are against the constitution.
25.
SINGLE-INTEGRATED JUDICIAL
SINGLE-INTEGRATED JUDICIAL
SYSTEM
SYSTEM
Theentire judicial system of India is organized
The entire judicial system of India is organized
into an hierarchical order. Supreme Court is
into an hierarchical order. Supreme Court is
at the top of judicial administration below
at the top of judicial administration below
that there are high courts at the state level
that there are high courts at the state level
and there are district courts at the district
and there are district courts at the district
level. All the courts of India are bound to
level. All the courts of India are bound to
accept the decisions of the supreme court.
accept the decisions of the supreme court.
26.
INDEPENDENT JUDICIARY
INDEPENDENT JUDICIARY
Theconstitution of India makes provisions for the
The constitution of India makes provisions for the
independence of judiciary because only
independence of judiciary because only
independent judiciary can safeguard the rights
independent judiciary can safeguard the rights
and liberties of the people, can protect the
and liberties of the people, can protect the
supremacy of the constitution-
supremacy of the constitution-
1.
1. An impartial method has been adopted for the
An impartial method has been adopted for the
appointment of the judges
appointment of the judges
2.
2. High qualifications have been fixed for the judges
High qualifications have been fixed for the judges
3.
3. The judges of the Supreme Court stay in office till
The judges of the Supreme Court stay in office till
65 years of age and of High courts till 62 years of
65 years of age and of High courts till 62 years of
age
age
27.
4. Difficult methodhas been adopted for the
4. Difficult method has been adopted for the
removal of the judges as they can be
removal of the judges as they can be
removed only through impeachment by the
removed only through impeachment by the
union parliament
union parliament
5. There is prohibition of practice after the
5. There is prohibition of practice after the
retirement of the judges
retirement of the judges
28.
POWER OF THEJUDICIAL REVIEW
POWER OF THE JUDICIAL REVIEW
The judiciary in India is provided the power of
The judiciary in India is provided the power of
judicial review through the constitution which
judicial review through the constitution which
means that all the laws passed by the parliament
means that all the laws passed by the parliament
and State Legislatures, constitutional
and State Legislatures, constitutional
amendments, ordinances and executive orders
amendments, ordinances and executive orders
issued by the executive are reviewed by the
issued by the executive are reviewed by the
judiciary and in case judiciary finds that any one
judiciary and in case judiciary finds that any one
of these is against the constitution, the judiciary
of these is against the constitution, the judiciary
has the power to declare it unconstitutional.
has the power to declare it unconstitutional.
29.
RULE OF LAW
RULEOF LAW
The Rule of Law means that the law is
The Rule of Law means that the law is
supreme over person and everybody is
supreme over person and everybody is
equally responsible before law howsoever
equally responsible before law howsoever
he/she may be. Also the man is punished on
he/she may be. Also the man is punished on
the violation of law and no arbitrary
the violation of law and no arbitrary
punishment can be given to him
punishment can be given to him
30.
SINGLE CITIZENSHIP
SINGLE CITIZENSHIP
Thereis provision of single citizenship in India.
There is provision of single citizenship in India.
A person may be living in any state, but he is
A person may be living in any state, but he is
the citizen of India alone. The principle of
the citizen of India alone. The principle of
double citizenship promotes regionalism and
double citizenship promotes regionalism and
provincialism whereas the principle of single
provincialism whereas the principle of single
citizenship promotes national unity, therefore
citizenship promotes national unity, therefore
the principle of single citizenship is adopted in
the principle of single citizenship is adopted in
India.
India.
31.
JOINT ELECTORAL SYSTEM
JOINTELECTORAL SYSTEM
The principle of Joint Electoral System was
The principle of Joint Electoral System was
adopted after independence. Under Article-
adopted after independence. Under Article-
325 of the constitution it is said that for every
325 of the constitution it is said that for every
constituency there will be one general
constituency there will be one general
electoral roll which will be one general
electoral roll which will be one general
electoral roll which will include the names of
electoral roll which will include the names of
all the voters belonging to different classes ,
all the voters belonging to different classes ,
religions, sex and races etc., and they will elect
religions, sex and races etc., and they will elect
a common representative.
a common representative.
32.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
SPECIALPROVISIONS FOR
SPECIAL PROVISIONS FOR
THEPROTECTION OF THE INTERESTS OF
THEPROTECTION OF THE INTERESTS OF
SCHEDUELED CASTES, SCHEDULED TRIBES,
SCHEDUELED CASTES, SCHEDULED TRIBES,
BACKWARD CLASSES AND MINORITIES
BACKWARD CLASSES AND MINORITIES
Everybody is given the Right to Equality
Everybody is given the Right to Equality
Untouchability has been prohibited
Untouchability has been prohibited
Under Article 29 and 30 special provisions for
Under Article 29 and 30 special provisions for
the made for the interests and protection of
the made for the interests and protection of
minorities.
minorities.
33.
NATIONAL COMISSION FOR
NATIONALCOMISSION FOR
SCHEDULED
SCHEDULED CASTES
CASTES
The 68
The 68th
th
Constitutional amendment made in
Constitutional amendment made in
1990, it was provided for the appointment of
1990, it was provided for the appointment of
the National Commission for the scheduled
the National Commission for the scheduled
castes for the protection of their interests. In
castes for the protection of their interests. In
2002, the government constituted two
2002, the government constituted two
separate commissions for scheduled castes
separate commissions for scheduled castes
and scheduled tribes.
and scheduled tribes.
34.
CONSTITUTIONAL
CONSTITUTIONAL RECOGNITION
RECOGNITION
TO LOCALSELF-GOVERNMENT
TO LOCAL SELF-GOVERNMENT
INSTITUTIONS
INSTITUTIONS
Under 73
Under 73rd
rd
and 74
and 74th
th
constitutional
constitutional
amendments passed in April ,1993.
amendments passed in April ,1993.
Constitutional recognition was granted to
Constitutional recognition was granted to
the panchayati Raj Institutions in the
the panchayati Raj Institutions in the
villages and the urban local bodies in the
villages and the urban local bodies in the
cities and for this purpose part 9 and part
cities and for this purpose part 9 and part
9A and 11
9A and 11th
th
and 12
and 12th
th
schedules were
schedules were
added to the constitution.
added to the constitution.
35.
PROVISIONS OF LIBERAL
PROVISIONSOF LIBERAL
DEMOCRACY
DEMOCRACY
The Constitution of India makes provisions for the
The Constitution of India makes provisions for the
establishment of liberal democratic government in India.
establishment of liberal democratic government in India.
1.
1. Provision of universal adult features has been made and
Provision of universal adult features has been made and
everybody is given the right to vote without making any
everybody is given the right to vote without making any
discrimination.
discrimination.
2.
2. Due respect is given to opposition and the leader of the
Due respect is given to opposition and the leader of the
opposition is given recognition in both the houses of Union
opposition is given recognition in both the houses of Union
Parliament and States Legislatures.
Parliament and States Legislatures.
3.
3. India is declared a Secular state.
India is declared a Secular state.
4.
4. There is provision of Individual judiciary.
There is provision of Individual judiciary.
5.
5. There is Rule of law in India.
There is Rule of law in India.
36.
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