Basic features of the Indian Constitution:
1. Lengthiest written constitution:
– The Indian Constitution is renowned for being the world’s lengthiest written constitution. It was adopted on January 26, 1950, and it consists of a preamble and 470 articles, divided into 25 parts, along with 12 schedules and 5 appendices. The length is a reflection of the intricacies involved in governing a diverse and populous country like India.
2. Blend of rigidity and flexibility:
– The Indian Constitution combines elements of both rigidity and flexibility. While some provisions require a special majority in the Parliament and approval by at least half of the states (rigid), others can be amended by a simple majority in the Parliament (flexible). This balance ensures stability in the fundamental principles while allowing for necessary adaptations.
3. Federal system with unitary features:
– India follows a federal system of government, where powers are divided between the central government and the states. However, during emergencies, the Constitution grants the central government increased authority, leading to a temporary shift towards a more unitary system. This feature is crucial for maintaining national unity and responding to crises effectively.
4. Parliamentary form of government:
– India’s political system is parliamentary in nature. The President is the ceremonial head of state, and the real executive power is vested in the Prime Minister and the Council of Ministers. The Prime Minister is the head of government and is responsible to the Lok Sabha (House of the People), the lower house of the Parliament.
5. Independent judiciary:
– The Indian Constitution establishes an independent judiciary to uphold the rule of law. The Supreme Court is the highest judicial authority, and it has the power of judicial review. This means the court can examine the constitutionality of laws and government actions, ensuring a system of checks and balances.
6. Single citizenship:
– Unlike some federal systems with dual citizenship (citizenship of both the country and the state), India follows a system of single citizenship. Every citizen is a citizen of India, and there is no separate state citizenship. This promotes a sense of national identity and unity.
7. Emergency provision:
– The Indian Constitution incorporates provisions for three types of emergencies – national emergency, state emergency (president’s rule), and financial emergency. During a national emergency, the President can take on additional powers, allowing the central government to deal with threats to the country’s security or stability. State emergencies involve the imposition of direct central rule over a state. Financial emergencies deal with situations threatening the financial stability of India.
Understanding these features is crucial for comprehending the unique and dynamic nature of the Indian constitutional framework.
Sources of the Indian Constitution
1. Historical Sources:
– Rig Veda: The oldest sacred text of the Hindus, containing hymns and rituals that reflect early social and political organization.
– Manu Smriti (Laws of Manu): An ancient legal text providing guidelines on social conduct, ethics, and governance.
– Arthashastra by Kautilya (Chanakya): A treatise on statecraft, military strategy, and economic policy, influencing the political thought in ancient India.
– Dharma Shastras: Various texts that discuss moral and ethical principles governing individuals and society.
2. Foreign Sources:
– Government of India Act, 1935: A crucial piece of legislation during British rule, which laid down the framework for the governance of British India. Several features of this act were incorporated into the Indian Constitution.
– British Constitution: Certain features, like parliamentary government, rule of law, and the idea of single citizenship, were borrowed from the British Constitution.
– US Constitution: Elements like the fundamental rights, judicial review, and the concept of a federal structure have been influenced by the United States Constitution.
3. Contemporary Sources:
– Constitutional Conventions: Unwritten practices followed by constitutional functionaries, shaping the working of the government.
– Decisions of the Courts: Judicial interpretations and decisions contribute to the understanding and evolution of constitutional principles.
– Customs and Usages: Social practices and customs followed by people in different regions, contributing to the socio-cultural context of the country.
It’s important to note that while these sources provided a foundation, the framers of the Indian Constitution adapted and modified these principles to suit the unique socio-cultural and political context of India. The Constitution reflects a blend of traditional values and modern principles, making it a dynamic and living document.
Schedules of the Indian Constitution
1. First Schedule: List of states and union territories
– The First Schedule provides a detailed list of the names of states and union territories in India along with their respective territories.
2. Second Schedule: Provisions relating to emoluments, allowances, privileges and so on of various constitutional authorities
– The Second Schedule outlines the emoluments (salaries), allowances, and privileges of constitutional authorities such as the President, Vice-President, Speaker of the Lok Sabha, Deputy Speaker of the Lok Sabha, Chairman of the Rajya Sabha, Deputy Chairman of the Rajya Sabha, Governors of States, Chief Justice and Judges of the Supreme Court, Judges of the High Courts, Comptroller and Auditor-General of India, and Chief Election Commissioner.
3. Third Schedule: Forms of oaths and affirmations
– The Third Schedule prescribes the forms of oaths and affirmations that are to be taken by the Union and State Ministers, candidates for parliamentary and state legislature elections, Judges of the Supreme Court and High Courts, and the Comptroller and Auditor-General of India.
4. Fourth Schedule: Allocation of seats in the Rajya Sabha to the States and the Union Territories
– The Fourth Schedule deals with the allocation of seats in the Rajya Sabha (Council of States) to the different states and union territories of India.
5. Fifth Schedule: Provisions relating to the administration and control of the Scheduled Areas and the Scheduled Tribes
– The Fifth Schedule contains provisions related to the administration and control of areas that are scheduled (Scheduled Areas) and the welfare of Scheduled Tribes residing in these areas.
6. Sixth Schedule: Provisions relating to the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram
– The Sixth Schedule outlines special provisions for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
7. Seventh Schedule: Division of powers between the Union and the States
– The Seventh Schedule categorizes the powers and responsibilities into three lists: the Union List (for the central government), the State List (for state governments), and the Concurrent List (for both central and state governments).
8. Eighth Schedule: List of 22 languages of India recognized by the Constitution
– The Eighth Schedule lists the languages that are officially recognized by the Indian Constitution. As of my last update in 2022, there were 22 languages.
9. Ninth Schedule: Acts and Regulations dealing with land reforms and other matters
– The Ninth Schedule was added by the 1st Amendment to protect certain laws (originally 13, now 282) from judicial scrutiny on the grounds of violating fundamental rights. It includes laws related to land reforms and the abolition of the zamindari system.
10. Tenth Schedule: Provisions relating to the disqualification of members on the ground of defection
– The Tenth Schedule was added by the 52nd Amendment and contains provisions related to the disqualification of members of Parliament and State Legislatures on the grounds of defection.
11. Eleventh Schedule: Specifies powers, authority, and responsibilities of Panchayats
– The Eleventh Schedule, added by the 73rd Amendment, specifies 29 matters on which Panchayats are empowered to function.
12. Twelfth Schedule: Specifies powers, authority, and responsibilities of Municipalities
– The Twelfth Schedule, added by the 74th Amendment, specifies 18 matters on which Municipalities are empowered to function.