Published by: Anand Technical Publishers
Author: Neeraj Anand
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Key Features of the Indian Constitution
- Bulkiest Constitution in the World
- The Indian Constitution is one of the longest in the world.
- Originally, it had 395 Articles, 22 Parts, and 8 Schedules.
- After multiple amendments, it now has 447 Articles, 24 Parts, and 12 Schedules.
- Combination of Rigidity and Flexibility
- Some provisions can be amended by a simple majority in Parliament.
- Others require a two-thirds majority and ratification by at least half of the state legislatures (Article 368).
- Parliamentary System of Government
- The real executive power rests with the Council of Ministers.
- The President is the nominal head.
- Ministers remain in office as long as they enjoy the confidence of Parliament.
- Federal System with a Unitary Bias
- India is a Union of States, not a result of an agreement among states.
- During an emergency, India’s federal structure can take a unitary character.
- K.C. Wheare: Quasi-federal setup
- Morris Jones: Bargaining Federalism
- Granville Austin: Cooperative Federalism
- Fundamental Rights
- The Constitution provides six fundamental rights.
- The state cannot make laws that violate these rights.
- Courts can declare such laws unconstitutional.
- Fundamental Duties
- There are 11 Fundamental Duties.
- First 10 duties were added by the 42nd Amendment (1976).
- The 11th duty was added by the 86th Amendment (2002).
- Directive Principles of State Policy
- Aim to establish a welfare state.
- Unlike Fundamental Rights, they are non-justiciable.
- Secular State
- No state religion.
- Citizens have freedom to practice any religion.
- Religious freedom can be regulated in the public interest.
- Independent & Integrated Judiciary
- The Supreme Court is the guardian of the Constitution.
- Single integrated judiciary with High Courts and Subordinate Courts.
- People as Source of Authority
- The Constitution derives its authority from the people.
- Preamble: “We, the people of India…”
- Universal Adult Franchise
- Voting rights for all citizens above 18 years.
- Special provisions for Scheduled Castes and Scheduled Tribes.
- Emergency Powers
- Extraordinary powers to the President during national emergencies.
- Emergency types:
- National Emergency (War or external aggression)
- State Emergency (Failure of constitutional machinery in a state)
- Financial Emergency (Threat to India’s financial stability)
- Single Citizenship
- All Indians are citizens of India.
- No separate citizenship for different states.
- Bicameral Legislature
- Lok Sabha (House of People) and Rajya Sabha (Council of States).
- Lok Sabha represents the people, Rajya Sabha represents the states.
- Special Provisions for Minorities
- Reserved seats for Scheduled Castes and Scheduled Tribes.
- Special rights and privileges granted.
- Panchayati Raj
- 73rd and 74th Amendments (1992) provided a constitutional basis for local governance.
- Balance between Constitutional Supremacy & Parliamentary Sovereignty
- Judicial Review: The Supreme Court can declare unconstitutional laws.
- Amendment Power: Parliament can amend major portions of the Constitution.
- Basic Structure Doctrine
- Some features of the Constitution cannot be amended.
- Supreme Court established this doctrine in Kesavananda Bharati Case (1973).
- Key elements of the basic structure:
- Supremacy of the Constitution
- Republican and democratic government
- Secularism
- Federal character
- Sovereignty of India
- Parliamentary democracy
- Fundamental Rights and Directive Principles
FAQs (Frequently Asked Questions)
Q1: Why is the Indian Constitution called the bulkiest in the world?
A: It originally had 395 Articles, 22 Parts, and 8 Schedules. After amendments, it now has 447 Articles, 24 Parts, and 12 Schedules.
Q2: What makes the Indian Constitution both rigid and flexible?
A: Some provisions require a simple majority, others need a two-thirds majority and state ratification.
Q3: What is meant by the Parliamentary system of government?
A: The Council of Ministers holds real power, while the President is the nominal head.
Q4: Why is India called a federal system with a unitary bias?
A: India has federal features but can switch to a unitary system during emergencies.
Q5: What is the significance of the Basic Structure Doctrine?
A: It ensures that Parliament cannot amend key constitutional features like sovereignty, democracy, and secularism.
MCQs (Multiple Choice Questions)
Q1: Who described India’s federal system as ‘Quasi-federal’?
A) Granville Austin
B) Morris Jones
C) K.C. Wheare
D) B.R. Ambedkar
Answer: C) K.C. Wheare
Explanation: K.C. Wheare called India’s system Quasi-federal, meaning it has both federal and unitary features.
Q2: How many Fundamental Duties are there in the Indian Constitution?
A) 9
B) 10
C) 11
D) 12
Answer: C) 11
Explanation: The 42nd Amendment (1976) added 10 Fundamental Duties, and the 86th Amendment (2002) added the 11th.
Q3: Which case established the Basic Structure Doctrine?
A) Golaknath Case
B) Kesavananda Bharati Case
C) Minerva Mills Case
D) Maneka Gandhi Case
Answer: B) Kesavananda Bharati Case
Explanation: The Kesavananda Bharati Case (1973) ruled that Parliament cannot amend the basic structure of the Constitution.
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