- Major amendments -7th, 42nd, 44th, 73rd, 74th – 42nd mini constitution (1976)
- Kesavananda Bharati case 1973 – Basic structure doctrine
Table of Contents hide
Salient features of the constitution
Lengthiest
- 395 article/22 parts/8 schedules – 465 articles/25 parts/12 schedules
- Geographical factor
- Historical factor -1935
- Single constitution
- Dominance of legal luminaries
Borrowed from various sources
Government of India Act of 1935
- Federal Scheme
- Office of governor
- Judiciary
- Public Service Commissions
- Emergency provisions
- Administrative details
Britain
- Parliamentary government
- Rule of Law
- Legislative procedure
- Single citizenship
- Cabinet system
- Prerogative writs
- Parliamentary privileges
- Bicameralism
Ireland
- DPSC
- Nomination of members to Rajya Sabha
- Method of election of president
Unites States of America
- Impeachment of the president
- Functions of president and vice-president
- Removal of Supreme Court and High court judges and vice president
- Fundamental Rights
- Judicial review
- Independence of judiciary
- Preamble of the constitution
Canada
- Federation with a strong Centre
- Vesting of residuary powers in the Centre
- Appointment of state governors by the Centre
- Advisory jurisdiction of the Supreme Court
Australia
- Concurrent List
- Freedom of trade
- Commerce and intercourse
- Joint sitting of the two Houses of Parliament
Soviet Constitution
- Fundamental duties
- The ideal of justice (social, economic and political) in the Preamble
France
- The ideals of Republic, liberty, equality and fraternity the Preamble
Weimar Constitution of Germany
- Suspension of Fundamental Rights during Emergency
South African Constitution
- Procedure for amendment of the Constitution
- Election of members of Rajya Sabha
Japan
- Procedure established by law
Blend of Rigidity(us) and flexibility(uk)
- Amendment under A368
- Spl Majority - 2/3rd p & V & 50% of total
- Spl Majority + 50% states
- Amendment outside A368
- Simple Majority
Federal system with unitary bias
- Federal in form unitary in spirit
- Quasi federal – K C wheare
- Co-operative federalism – Granville Austin
- Bargaining federalism – Morris Jones
- Federation with centralising tendency – Ivor Jennings
- Federal features
- Two govt
- DOP
- Written constitution
- Supremacy of constitution
- Rigidity of constitution
- Independent judiciary
- Bicameralism.
- Unitary features
- single constitution
- single citizenship
- flexibility of constitution
- integrated judiciary
- AIS
- governor
- emergency provisions
- term federation nowhere used but union of states
Parliamentary form of government
- No SOP like presidential but principle of cooperation and coordination
- A.k.a Westminster model of government, responsible government and cabinet government
- Presence of nominal and real exe
- Majority party rule
- Membership of ministers in legislature
- Leadership of the PM or CM
- Dissolution of LS or state assembly
- Indian parliament is not sovereign body like the Br parliament.
- Indian elected head and Br monarchy
- Prime Ministerial Government because role of PM is significant
Synthesis of parliamentary sovereignty (UK) and judicial supremacy (US)
- SC of India - narrower than US
- India = Only procedure established by law (Maneka Gandhi vs Union of India case (1978))
- US = due process of law
- Due Process of Law = Procedure Established by Law + The procedure should be fair and just and not arbitrary
Integrated and independent judiciary
- Single system of court to enforce both central and state laws
- US - Federal law by Federal court & State law by State Court
FRs
- P-III
- 6 FRs
- Equality 14 -18
- Freedom 19 - 22
- Against Exploitation 23 - 24
- Freedom of religion 25 -28
- Culture and Educational Rts 29 - 30
- Constitutional Remedies 32
- political democracy
- limits on exe tyranny & leg arbitrary law
- can directly approach SC
- bcos all 5 writs applicable
- not absolute - reasonable restriction
- not sacrosanct - curtailed or repealed by amendment
- suspended during emergency - except A 20 & 21
DPSP
- P - IV
- Novel feature (BRA)
- 3 broad categories
- Socialistic
- Gandhian
- Liberal-intellectual
- Social and economic democracy
- Not enforceable or non-justiciable
- Minerva Mills Case 1980 - Balance b/w FRs & DPSP
FDs
- P - IV
- A51 -A
- during internal emergency (1975-1977)
- 42nd CAA 1976 on swaran singh committee recommendation
- non-justiciable
Secular state
- 42nd CAA in preamble
- Western - -negative concept = complete separation
- India - positive concept = equal respect and protection
Universal adult franchise
- 18 from 21 after 61st CAA 1988
Single citizenship
- US - State and USA
- India - Only Indian except for few tribes and
J&K
Independent bodies
- Bulwark of D'Y
- EC – parliament, state, prez and viceprez
- CAG – legality & propriety of expenditure
- UPSC
- SPSC
- Independence thro' - tenure, service condition, expenses charged on consolidated fund of India
Emergency provision
- To safeguard sovereignty, unity, integrity and security, D'Y and constitution
- A352 – National Emergency – war/external aggression/armed rebellion (44th CAA from internal disturbance)
- A356 – State Emergency/ prez rule – failure of constitutional machinery
- A365 – State Emergency/prez rule – failure to comply with centre's direction
- A360 – Financial emergency
3 tier government
- 73rd and 74th CAA -1992
- Part IX/IXA
- Schedule 11(R) and 12(U)
- 73th - Panchayati Raj
- Gram /Village Panchayats/Village Council
- Panchayat Samities
- Zilla Panchayats
- Autonomous District Council
- 74th - Municipalities
- Nagar panchayat for transitional areas
- Municipal council for towns
- Municipal corporation for cities