Salient Features Of The Indian Constitution Flashcards
Salient features of the Indian constitution
Fundamental rights
Directive principles of state policies
Fundamental duties
Secular state
Universal adult franchise
Single citizenship
Integrated and independent judiciary
Independent bodies like CAG, Election commission, UPSC, SPSC, JPSC
Emergency Provisions (National, financial, state aka president’s rule)
3-tier system of state (centre, state, panchayati Raj, brought under the amendment acts of 73 and 74).
Facts on the Indian constitution
It is the lengthiest written constitution
Single constitution
Dominance of legal luminaries
395 articles
22 parts
8 schedules
It was drawn from various sources
It was created according to the Act of 1935
BR Ambedkar is the father of the Indian constitution
It is a blend of rigidity and flexibility (it can be amended by 2/3rd majority, simple majority, absolute majority)
It is a federal system with a unitary bias:
It is federal because it has two government divisions of power, it is written, it has rigidity in amendment, it has an independent judiciary and performs bicameralism.
It is unitary because it has a strong centre, it is a single constitution, it follows a single citizenship, it has an integrated judiciary, article 1 states it as a union of states and it cannot exist without a basis of contract. Hence, it is known as quasi-federal or cooperative federalism
The parliamentary government is based on the westminister model. It is based on coordination and cooperation between the legislative and executive organs. It is taken from the British doctrine of parliament and the American judicial system (integrated and independent judiciary).
Sources of the Indian constitution
The Government of India Act of 1935:
The federal structure, the centre state relations, the administrative setup i.e. office of governors, The Public Service Commission.
The British constitution:
The parliamentary model, the cabinet system, writ jurisdiction
The US constitution:
Fundamental rights, judicial review, preamble, impeachment of the president, removal of supreme court and High court judges
Ireland:
DPSP, the elected president
Canada:
Residuary power, parliamentary privileges
Australia:
Concurrent list, joint sitting of the parliament
Germany:
Emergency provisions
South Africa:
Procedure of constitutional amendment
Japan:
Procedure established by law
French revolution:
Republic and ideals of Liberty equality and fraternity as given in the preamble
The preamble
It is at the introduction to the constitution
It is a part of the constitution
It is the summary or the essence of the constitution
It is the best preamble of the world
It taken from the American constitution
It was drafted by Jawaharlal Nehru in December 13 1946
It was adopted by the constitution assembly on January 22nd 1947: “we the people of India”-taken from the UN preamble, which was taken from the US constitution
The 42nd amendment under the constitutional amendment act of 1976 during the national emergency included 3 new words that is socialist, secular and integrity.
The preamble has been only amended once.
Cases related to the preamble: the Berubary union case of 1960 stated that the preamble was not a part of the constitution, the kesavananda Bharati case of 1973 status that the preamble is a part of the constitution and hence it can be amended according to the article 368. Here the concept of basic structure came and it was decided by the supreme court, also the LIC of India case of confirmed that the preamble was an integral part of the constitution.
The preamble is neither a source of power to legislature nor a prohibition upon the power of legislature
It is not justiciable that is its provisions are not enforceable in the courts of law
The source of authority of the constitution is marked as the people of India
It proclaims the nature of the Indian state as sovereign, socialist, secular, democratic, and republic
It is sovereign as the constitution is at the top and nothing stands above the constitution
It is socialist as India is a welfare state
It is secular as the state is neutral in religious affairs
It is republic as our people are supreme
It is democratic as the people choose its head
Objectives of the preamble are justice, Liberty, equality and fraternity.
Justice means social, economic, political, without discrimination based on caste, religion or race
Liberty of thoughts, expression, belief, faith and worship
Equality of status, opportunity and discrimination
Fraternity (dignity of the individual, unity and integrity of the nation, a sense of brotherhood).
The date of adoption of the constitution was November 26 ,1949
Significance of the preamble
It embodies the basic philosophy and the fundamental values of the constitution
According to KM Munshi, a member of the drafting committee of the constituent assembly, the preamble is the horoscope of our sovereign democratic republic
According to Pandit Thakur Das Bhargava, another member of the drafting committee of the constituent assembly, the preamble is the most precious part of the constitution. It is the soul, key and the jewel set of the constitution. It is the yardstick with which we can measure the worth of our constitution
According to Sir Earnest Parker, an English political scientist, it is the key note to the constitution
According to Chief Justice of India Hidayatullah, the preamble resembles the declaration of the independence of the USA but it is more than a declaration as it is the soul of the constitution.
Union and its territory
Part 1: Article 1 to 4
India or Bharat is a union of states
It is not a federation
India is an in destructible union of destructible States
The territories can be acquired by purchase, gift, lease, occupation, conquest or subjugation
It empowers for admission of new states in the union of India or establish a new state on such condition that it fits the powers to admit new states or establish new states.
It authorizes the parliament to form a new state by the separation of territories, form any state by Uniting, increasing the size of area, diminishing the size of area, alter boundaries of state, change name of any state, etc.
A bill related to this article can be introduced with prior recommendations of the president. Before permission the president can refer to the state for expressing its view in a specified time.
The president is not bound, he can reject the bill, so parliamentary supremacy to amend requires simple majority.
Such a bill contains provisions for the amendment of schedules 1 and 4 for this. No separate constitutional amendment under article 368 is required.
Dhar Commission was set up.
The first linguistic state was Andhra Pradesh in 1953.
States reorganisation act of 1956
Kerala was formed by the merging of three states: Travancore, Malabar, Kajargode.
Other states that came into existence were: Andhra Pradesh, Madhya Pradesh, Punjab, Rajasthan
Telangana was formed from Andhra Pradesh according to the Andhra state and in 2014
The United Province now called, Uttar Pradesh was formed in 1950. It was the first time a State’s name was changed.
In 2011 the name Odisha was changed from Orissa.
States created after 1956
Maharashtra and Gujarat in 1960
Dadra and Nagar haveli (UT) in 1961
Goa and Daman & Diu (UT) in 1962
Puducherry (UT) in 1962
Nagaland in 1963 from Assam
Haryana, Chandigarh, Himachal Pradesh in 1966
Manipur, Tripura, Meghalaya in 1972
Sikkim in 1974 under the 35th Constitutional Amendment Act
Mizoram, Arunachal Pradesh, Goa in 1987
Chhattisgarh, Uttarakhand, Jharkhand in 2000
Telangana in 2014
The UT of Jammu and Kashmir in 2019
The UT of Ladakh in 2019
Dadra and Nagar haveli + Daman and Diu in 2019
Powers to reorganise states and union territories under the article 3
The Berubari case:
According to this only territory can be seeded by the constitutional amendment Bill. The 9th constitutional amendment of 1960 transfer the reason of Beru Bari to East Pakistan
Linguistic provision Commission by SK Dhar (Dhar Commission)
It wanted the state organisation on administrative convenience rather than the linguistic factor
However this was not possible as the demand for state was based on languages in the south
It was integrated on ad hoc agreement
The JVP committee of 1949:
It was found by Jawaharlal Nehru, sardar Vallabhbhai Patel, Pattabhi Sitaramaiya where are demand on linguistic basis
The Fazal Ali Commission:
Had remembers Fazal Ali, Km Panikar, MN Kunzru.
It rejected the theory of one state, one language
As a result of this on November 1956 14 states and 6 union territories were formed
Citizenship
Article 5 to 11 (Part 2 of the Constitution)
Criteria 26 January 1950
Based on the Canadian model
Citizens are assigned duties both naturalized citizens and citizens by birth can hold office
The fundamental rights for citizens are: articles 15, 16, 19, 29, 30
For aliens friendly aliens are treated differently in comparison to enemy aliens who have no right i.e. article 22
Rights of citizens
A. Right against discrimination on the grounds of religion, race, caste, sex or place of birth
B. Right to equality of opportunity in public employment
C. Right to freedom of speech and expression
D. Cultural and educational rights
E. Right to vote in the elections in lok sabha and legislative assembly
F. Right to contest for membership of parliament and state legislature
G. To hold certain public offices that is President and vice President
H. For president in India both citizens are valid i.e. by birth and naturalisation (acquired citizenship).
Articles related to citizenship
Article 5: Persons of domicile in India who fulfil three conditions: they are born in India or their parents are born in India or if he has been an ordinary citizen before 5 years of date 26 January 1950
Article 6: A person migrated from Pakistan with the conditions that he has migrated before July 19, 1948 or if he was an ordinary resident or if he has migrated on or after 19 July 1948, he can register after 6 months of being a resident
Article 7: Someone who has migrated after 1 March 1947 to Pakistan but returns can register after 6 months of being a resident
Article 9: Citizenship will be terminated if acquired citizenship of other foreign Nations
Article 10: Citizenship based on parliamentary laws
Article 11: The parliament has the full authority to regarding the acquisition or termination of citizenship
Acquisition of revenue
By birth:
A person born in India on or after 26 January 1950 but before July 1987 is Indian, irrespective of the nationality of parents.
After 1st July 1987 they can be a citizen if either of his parents is Indian
After December 3 2004 he can be a citizen if both his parents are Indian or if one is Indian and the other is not an illegal immigrant.
The child of foreign diplomat and enemy aliens are not citizens.
By descent:
A person born outside the territory of India can apply if at the time of birth either parent is a citizen of India.
If they are born after 3 December 2004, they should get registration within 1 year or as allotted by the government
By registration:
If they have 7 years of residence in India, or minor children whose parents are in India.
A person who is married to a citizen of India
A person of Indian origin who is ordinarily a resident of any country
Ordinary resident:
A person who resided in India through out the period of 12th months without being a resident of any country.
By Naturalisation:
They must belong to a country where similar provisions given to the Indian citizen
Either resided or been in the service of the Government of India
Or can apply after 11 years of lawful residence in India preceding to 12th months of residence
Buy incorporation of territory:
If any territory becomes a part of India, then the union government by notification specifies the person who shall be citizens of India by the reason that the territory is being incorporated into India
The citizenship amendment Act of 2019:
It confers citizenship to illegal immigrants from the persecuted minorities (Hindu, Jain, Parsi and Christians) from Afghanistan, Bangladesh and Pakistan.
Termination of the citizenship
Loss of citizenship by renunciation or voluntary surrender
By termination on getting another country’s citizenship
By deprivation due to fraud, misrepresentation, disloyalty to the constitution, or communicated with enemy country during war, within 5 years of registration has been in prison for 2 years or has been outside India for 7 years.
Dual citizenship (overseas citizen of India card holder):
3 limitations: they cannot be entitled the right to equality of opportunity in public employment, they do not have the right the vote or can hold any constitutional post in India.
