Class 2 Flashcards
2 types of Constitutions in the World
● Rigid – Special process to amend the Constitution (Ex: USA)
● Flexible – process similar to ordinary law to amend the Constitution (Ex: Britain)
Article 368 of the Indian Constitution
● Certain cases – Special Majority required to Amend the Constitution – Majority of Total Membership of the House and Majority of not less than 2/3rd of the Members Present and Voting
● Certain cases - Special Majority required to Amend the Constitution – Majority of Total Membership of the House and Majority of not less than 2/3rd of the Members Present and Voting + Ratification by at least half of the state legislatures
Certain provisions of the Constitution
● Can be amended by a Simple Majority of the Parliament
● Legislation supplementing the Constitution
● Make laws to supplement the provisions of the Constitution
● Can be changed without going through the Constitutional Amendment Process
● Lengthiest Written Constitution
● Drawn from Various Sources
● Blend of Rigidity and Flexibility
● Federal System with Unitary Bias
● Parliamentary Form of Government
● Balance of Parliamentary Sovereignty and Judicial Supremacy
● Integrated and Independent Judiciary
Federal System of Government
● Division of power between the Center and the States
● Written Constitution – Article 246 and 7th Schedule
● Supremacy and Rigidity of the Constitution
● Independent Judiciary
● Bicameralism
Certain features of a Strong Center
● Single Citizenship
● Integrated Judiciary
● Appointment of Governors by President
● All India Services
● Emergency Provisions
K.C. Wheare
● Federal in Form, Unitary in Spirit
● Quasi Federal
Morris Jones
Bargaining Federalism
Granville Austin
Cooperative Federalism
Ivor Jennings
Federation with a Centralizing Tendency
Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
(a) The independence of judiciary is safeguarded.
(b) The Union Legislature has elected representatives from constituent units. (c) The Union Cabinet can have elected representatives from regional parties. (d) The Fundamental Rights are enforceable by Courts of Law.
A
India vs American System
● Parliamentary form of Government
● At the central as well as the state level
● Presidential form
● Strict separation of power between the legislature and executive
Features of Parliamentary Form of Government
● Nominal and Real Executive (Also known as Prime Ministerial form of Government)
● Majority Party Rule
● Collective Responsibility of the Executive to Legislature
● Membership of Ministers in the Legislature
● Leadership of Prime Minister / Chief Minister
● Dissolution of Lok Sabha / Vidhan Sabha
● Lengthiest Written Constitution
● Drawn from Various Sources
● Blend of Rigidity and Flexibility
● Federal System with Unitary Bias
● Parliamentary Form of Government
● Balance of Parliamentary Sovereignty and Judicial Supremacy
● Integrated and Independent Judiciary
Balance between Parliamentary Sovereignty and Judicial Supremacy
● Britain
○ Parliamentary Sovereignty
○ Procedure Established by Law
● USA
○ Judicial Supremacy
○ Due Process of Law
India (भारत)
● Balance between Parliamentary Sovereignty and Judicial Supremacy
● Balance between Due Process of Law and Procedure Established by Law
Indian Parliament
● Pass a law – to by-pass the Judgments of the Supreme Court Supreme Court
• Review the laws of the Parliament
USA
● Separate Judiciary
● Central Laws – Central Judiciary
● State Laws – State Judiciary
Independence of Courts in India
● Fixed Salary
● Difficult to remove the Judges
● Security of Tenure
● All the expenses drawn out of Consolidated Fund of India
● No discussion on Conduct of Judges in Parliament
● Power to Punish for its Contempt
● Lengthiest Written Constitution
● Drawn from Various Sources
● Blend of Rigidity and Flexibility
● Federal System with Unitary Bias
● Parliamentary Form of Government
● Balance of Parliamentary Sovereignty and Judicial Supremacy
● Integrated and Independent Judiciary
