Indian Constitution
FEATURES OF THE CONSTITUTION OF INDIA
1. Three-tier
Government
(i) Central Government
(ii) State Government
(iii) Panchayati Raj Government
2. Lengthiest Written Constitution
Originally it consisted of a
Preamble, 395 Articles (which were divided into 22 parts) and 8 Schedules,
while the American Constitution originally consisted of only 7 Articles.
3. Federal System with
Unitary Bias
Essential characteristics of a federation are:
(i) Minimum two tiers of governments (India has 3 tiers of government).
(ii) Distribution of powers between the units forming the federation.
(iii) Supremacy of Constitution.
(iv) Written Constitution.
(v) Rigidity of Constitution.
(vi) Independent Judiciary.
However, the Indian Constitution also contains a large number of
unitary or non-federal features viz. a strong Centre, single Constitution,
Single citizenship, all India services, emergency provision and so on. Hence,
the Indian Constitution has been variously described as federal in form but
unitary in spirit. It is called quasi-federal by K.C wheare.
4. Parliament Form of Government
Features of parliamentary Government are:
(i) Presence of
nominal and real executives.
(ii) Majority party
rule.
(iii) Collective
responsibility of the executive to the Legislature.
(iv) Leadership of
the Prime Minister or the Chief Minister.
(v) Dissolution of the
Lower House (Lok Sabha).
5. Synthesis of
Parliamentary Sovereignty and Judicial Supremacy
6. Integrated and
independent Judiciary
7. Fundamental
Rights & Fundamental Duties
8. Directive
Principles of State Policy
9. Universal Adult
Franchise & Single Citizenship
10. Emergency
Provisions
11. Drawn From
Various Sources
12. Blend of
Rigidity and Flexibility
UNITARY FEATURES OF INDIAN CONSTITUTION
1. The states do not
have their own Constitution as in the USA and Australia where the state have
their own Constitution also.
2. Uniform and
single citizenship (USA & Australia have double citizenship).
3. Parliament can
change the territorial extent of a State without its consent.
4. Parliament has
exclusive control over the Union List subjects as well as residuary power vests
with the centre.
5. With the consent
of two third majorities, Rajya Sabha can authorize parliament to make laws on
any state Subject (Art. 249)
6. If there is
national emergency, Parliament has the right to make laws with respect to State
subjects automatically (Art. 249)
7. On the request of
two or more state, Parliament can legislate on particular State subjects (Art.
252).
8. Parliament can
make laws on State Lists to comply with the international agreements (Art.253.)
9. In the case of
President’s rule in State all the powers of the State Legislature shifts to the
hands of the Parliament (Art.356).
10. The Governor of
a state is appointed by the P resident and the former is not responsible to the
State Legislature 9Art.155).
11. Parliament can
give some financial orders or can order to reserve money bills passed by states
(Art.160).
12. Centre can give
administrative direction to the States (Art.256)
13. The all India
services official are appointed by Centre, but are paid and controlled by
States. (Art.312).
14. Judges of High
Courts are appointed by the President under Art.217, and States do not play any
role in this.
Features of Indian Constitution & their Sources
Sl.
Feature
Source
1. Independence of
Judiciary………………………………………………………………. USA
2. President as the
Executive Head & Supreme Commander of Armed Forces……….. USA
3. The Vice- President
as the ex-officio chairman of the Council of States………………. USA
4. Fundamental
Rights………………………………………………………………… USA
5. Preamble ………………………………………………………….……………. USA
6. Removal of Supreme
Court and High Court Judges…………………………………. USA
7. Law making
procedures……………………………………………………………. UK
8. Rule of
Law……………………………………….......………………………… UK
9. System of single Citizenship…………………………………….………………… UK
10. Parliament System
with Ministerial Responsibility ……………..………………….. UK
11. Federation with a
Strong Centre…………………………………….....……... Canada
12. Distribution of
power between the Union and the State and placing residuary power with the
Centre………………............................................................................................... Canada
13. Directive
Principles of State Policy……………………………………………... Ireland
14. Method of Election
of the President……………………………………………. Ireland
15. Nomination of
members of the Rajya Sabha by the President…………………... Ireland
16. Emergency and its
effect on Fundamental Rights………………………………. Germany
17. The Concurrent
List…………………………………………………………... Australia
18. Provision
regarding Trade, Commerce and intercourse with the Territory……............ Australia
19. Constitution
Amendments………………………………………………………. South
Africa
20. Fundamental
Duties………………………………………………………… Japan
21. Republic
…………………………………………………………………… France
Parts of the Indian
Constitution
|
Part
|
Deals with
|
Articles
|
|
I
|
The Union and its
Territory
|
1 to 4
|
|
II
|
Citizenship
|
5 to 11
|
|
III
|
Fundamental Rights
|
12 to 35
|
|
IV
|
Directive
Principles of the State Policy
|
36 to 51
|
|
IV-A
|
Fundamental Duties
(inserted by 42nd Constitution Amendment Act, 1976)
|
51-A
|
|
V
|
The Union
Government
|
52 to 151
|
|
VI
|
The State
Government
|
152 to 237
|
|
VII
|
The Union
Territories
|
239 to 242
|
|
IX
|
The Panchayat
(inserted by 73rd Constitution Amendment Act, 1992)
|
243 to 243-O
|
|
IX-A
|
The Municipalities
(inserted by 74th
Constitution Amendment Act, 1992)
|
243-P to 243-ZG
|
|
X
|
The Scheduled and
Tribal Areas
|
244 to 244-A
|
|
XI
|
Relation between
the Union and the States
|
245 to 263
|
|
XII
|
Finance, Property,
Contracts and suits
|
264 to 300- A
|
|
XIII
|
Trade, Commerce
and intercourse within the Territory of India
|
301 to 307
|
|
XIV
|
Service under the
Union and the States
|
308 to 323
|
|
XIV-A
|
Tribunals
(inserted by 42nd Constitution Amendment Act, 1976)
|
323-A to 323-B
|
|
XV
|
Elections
|
324 to 329-A
|
|
XVI
|
Special provision
to SCs, STs, OBCs and Anglo- Indians
|
330 to 342
|
|
XVII
|
Official Language
|
343 to 351
|
|
XVIII
|
Emergency
Provisions
|
352 to 360
|
|
XIX
|
Miscellaneous
|
361 to 367
|
|
XX
|
Amendment of the Constitution
|
368
|
|
XXI
|
Temporary, Transitional and special Provisions
|
369 to 392
|
|
XXII
|
Short title, Commencement, Authoritative text in
Hindi and Repeals
|
393 to 395
|
