Major amendments -7^th, 42^nd, 44^th, 73^rd, 74^th – 42^nd mini constitution (1976)
Kesavananda Bharati case 1973 – Basic structure doctrine

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)
42^nd CAA 1976 on swaran singh committee recommendation
non-justiciable

Secular state

42^nd CAA in preamble
Western - -negative concept = complete separation
India - positive concept = equal respect and protection

Universal adult franchise

18 from 21 after 61^st 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 (44^th 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

73^rd and 74^th 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