3. Framework
• Parts and Schedules of Indian Constitution.
• Features of Indian Constitution.
• Is Indian Constitution a borrowed Constitution?
• Parliamentary System versus Presidential System.
• Is Indian Constitution a Federal Constitution?
• Basic Structure of Indian Constitution.
4. Parts of Constitution
Part Subject Matter Articles
I The Union and its Territory 1-4
II Citizenship 5-11
III Fundamental Rights 12-35
IV Directive Principles of state policy 36-51
IV-A Fundamental Duties 51-A
V The Union Government 52-151
VI The State Governments 152-237
VII Deleted 238 (deleted)
5. Part Subject Matter Articles
VIII The Union Territories 239-242
IX The Panchayats 243-243O
IX-A The Municipalities 243P-243ZG
IX-B The Co-operative Societies 243ZH-243ZT
X The Schedule and Tribal Areas 244-244A
XI Relation between the Union and States 245-263
XII Finance, Property, Contracts and Suits 264-300A
XIII Trade, Commerce and Intercourse 301-307
XIV Services under the Union and States 308-323
6. Part Subject Matter Articles
XIV-A Tribunals 323A-323B
XV Elections 324-329A
XVI Special Provisions relating to certain classes 330-342
XVII Official Language 343-351
XVIII Emergency Provisions 352-360
XIX Miscellaneous Provisions 361-367
XX Amendment to Constitution 368
XXI Temporary, Transitional and Special Provisions 369-392
XXII Short title, Commencement etc. 393-395
7. Schedules to Constitution
Schedule Subject Matter
First Names and jurisdiction of States and Union
Territories
Second Emoluments, allowances and privileges
Third Forms of Oaths or Affirmations
Fourth Allocation of seats in Rajya Sabha to States And
Union Territories
Fifth Administration and Control of Scheduled Areas
and Tribes
8. Schedule Subject Matter
Sixth Administration of Tribal areas in Assam,
Meghalaya, Tripura and Mizoram
Seventh Union List, State List and Concurrent List
Eighth Languages recognized by Constitution
Ninth Laws and Regulations placed outside jurisdiction
of Judicial Review
Tenth Anti-Defection Law
Eleventh Subjects on which Panchayats can make laws
Twelfth Subjects on which Municipalities can make laws
9. Features of Indian Constitution
• Lengthiest Written Constitution – Preamble, 395
articles and 8 schedule, when it was framed.
• Drawn from various sources.
• Blend of rigidity and flexibility.
• Federal system with unitary bias.
• Parliamentary form of government.
• Synthesis of Parliamentary sovereignty and Judicial
supremacy.
10. • Integrated and independent judiciary.
• A secular state.
• Universal adult franchise.
• Single citizenship.
• Independent constitutional bodies.
• Emergency provisions.
• Three-tier government.
• Constitutional status to Co-operative bodies.
11. Is Indian Constitution a borrowed one?
Provisions taken from constitutions of other countries
Britain:
• First past the Post system.
• Parliamentary form of government.
• Rule of law.
• Institution of Speaker and his role.
• Lawmaking procedure.
• Single citizenship.
• Cabinet system.
• Parliamentary privileges.
• Bicameralism.
• Public services and Public Service Commission.
12. USA
•Charter of Fundamental Rights.
•Independence of judiciary.
•Judicial Review.
•Impeachment of President.
•Removal of SC and HC judges.
•Post of Vice-President.
Ireland
•Directive Principles of State Policies (DPSPs).
•Nomination of members to Rajya Sabha.
•Method of election of President.
13. Canada
•Quasi-federal system.
•Residuary powers with centre.
•Advisory jurisdiction of Supreme Court.
Japan
•Procedure established by law.
Australia
•Concurrent list.
•Freedom of trade, commerce and inter-course.
•Joint sitting of two houses of Parliament.
14. USSR
•Fundamental Duties.
•Ideals of Justice (social, economic and political).
South Africa
•Procedure for amendment of Constitution.
•Procedure for election of members of Rajya Sabha.
Germany
•Suspension of Fundamental Rights during Emergency.
France
•Principles of liberty, equality and fraternity.
15. •Due to these provisions, Indian Constitution is called
as ‘borrowed Constitution’ or ‘bag of borrowings’.
•But Indian Constitution is not a borrowed one (but
can be called as ‘inspired’) because of following
reasons:
•Modification of elements according to Indian
Conditions.
•In modern era, ideals of most of the countries are
same – thus they look similar.
17. Parliamentary System Presidential System
Council of Minister (headed by PM) is the real
executive.
President is real executive – head
of both state and government.
Ministers are collectively responsible to Lok
Sabha.
No such responsibility of the
President.
Ministers are members of both legislature and
the executive.
Doctrine of separation of power is
followed very strictly.
Council of Minister can be dissolved before
tenure if party in power loses majority or
loses confidence of Lok Sabha.
There is stability of tenure for
President. He cannot be removed
from office except through
impeachment motion.
Lower house (Lok sabha) can be dissolved on
the recommendation of PM.
President cannot dissolve the
lower house.
18. Why Parliamentary system?
Executive is part of Legislature - Scope of harmonious relationship between both.
Power in a body i.e. CoM rather than a single person - less chances of despotism.
Parliamentary control over executive is ensured through motions, committees etc.
Representation to wide sections in Council of Ministers. In Presidential system,
Ministers are selected by President at his own discretion.
Familiarity with the system – It is in operation during British rule.
Why Presidential System?
Stability of government.
Certainty of tenure also ensures continuity in policies. Hard decisions can be taken.
Doctrine of separation of power is adhered completely.
Experts can be made part of Council of Minister.
19. Is Indian Constitution Federal?
•In federalism, powers are divided between the national
government and the regional governments by the Constitution
itself and they operate in their respective jurisdictions
independently.
•Indian Constitution is called as “Quasi-federal Constitution”
because it has both federal and unitary features.
Federal features of Indian Constitution
•Dual polity/government: both are endowed with sovereign
functions.
•Written Constitution: to address any misunderstanding.
20. • Division of powers: Separate Union and State list in 7th Schedule.
• Supremacy of Constitution: not of Parliament, Union government
or any other body.
• Rigid Constitution: federal feature of Constitution can be
amended only after consent of half of the state legislatures.
• Independent Judiciary: to solve any issue or dispute.
• Bicameralism: role of Rajya Sabha to give representation to states.
Unitary features of Constitution
• Strong centre:
• Union list contains more subjects and important subjects than
state list.
• Centre has overriding authority over Concurrent list.
• Residuary powers have been left to centre.
21. • An indestructible union of destructible states: Article 1 to
4.
• Single Constitution: No separate Constitution for states.
• Flexibility of Constitution: Bulk of Constitution can be
amended by the unilateral action of Parliament.
• No equal representation to states in Rajya Sabha.
• Emergency Provision: Central government becomes all
powerful.
• Single citizenship: Citizens have only national citizenship.
No separate citizenship of states.
• Integrated judiciary.
22. •All-India services: they are recruited and retained by the
centre but serve in states.
•Integrated audit machinery.
•Parliament authority over state list in 5 special cases:
•When Rajya Sabha passes a Resolution (Article 249).
•During a National Emergency (Article 250).
•When states make a request (Article 252).
•To implement international agreements (Article 253).
•During President’s rule (Article 356).
23. Basic Structure of Constitution
Background
•Can Fundamental Rights be amended u/a 368?:
•Shankari Prasad Case (1951): Yes, parliament can take away
any Fundamental Right by enacting a constitutional
amendment act.
•Golak Nath case (1967): No, Fundamental Rights are given a
‘transcendental and immutable’ position and hence the
parliament cannot abridge or take away any of these rights.
•Parliament enacted 24th CAA to overrule Golak Nath case.
24. • Kesavanand Bharti case (1971): Yes, Parliament can take away
Fundamental Rights subject to “doctrine of basic structure”.
• Parliament reacted by passing 42nd CAA. It declared that there is
no limitation under article 368 i.e. power of amendment.
• Minerva Mills case (1980): It invalidated this provision as it
excludes ‘judicial review’ which is part of basic structure.
What is basic structure
• SC has not defined or clarified it. But, from the judicial
interpretations over the period, following have emerged as part of
basic structure:
• Supremacy of Constitution.
• Doctrine of separation of powers.
• Secularism.
25. • Republic and Democratic.
• Federal character.
• Sovereignty and unity of India.
• Welfare state.
• Freedom and dignity of individual.
• Parliamentary system.
• Rule of law.
• Judicial review.
• Harmony and balance between Fundamental Rights and DPSPs.
• Free and fair elections.
• Independence of judiciary.
• Equality of status and opportunity.
• Limited power of Parliament to amend Constitution.
• Justice.
