Polity #5 Important Features of the Constitution.

Indian constitution- lengthy and most comprehensively written constitution-sufficiently flexible

Federal System with a unitary bias.

• Consti provides for a Federation with a strong centre.
• Describes India as a “Union of States”.
• Both federal and unitary features.
• Federal structure acquires a unitary character during emergency.
• (The federal and unitary features are dealt with in detail in the end.)

Fundamental Rights

• Consti has an elaborate lists of Fundamental Rights which cannot be taken away or abridged.

Fundamental Duties

• 11 fundamental duties. 10 added by 42nd Amendment, 1976, 11th added by the 86th Amendment, 2002.

Directive Principles of State Policy

• Non-justiciable.

Bicameral Legislature

• Lok Sabha and Rajya Sabha

Rule of Law

• No person can be punished expression for the breach of an existing law.
• All persons are equal before law.
• The Consti is the Supreme law of the land. Laws made must adhere to it.

Single Integrated Judiciary

• One Supreme Court with High courts under it and Subordinate courts under it.

Provision of Independent Bodies

• Election Commission.
• Comptroller and Auditor General
• Public Service Commissions (union&state)
• (Salaries drawn from the Consolidated Fund of India)

Other

Secular State - People as source of authority (“We, the people of India…”) - Universal Adult Franchise - Emergency Powers - Single Citizenship - Special Provisions for Minorities - Panchayati Raj - Independent Judiciary - Strikes balance between Constitutional supremacy and Parliamentary sovereignty.

Panchayati raj- art-40 of part-4, 73rd amendment, municipality- 74th amendment

Federal and unitary features

Indian constitution- both federal and unitary features

Federal features:

• Distribution of powers between centre and state in three lists (central, state and concurrent lists)
• Neither centre nor state alone has the power to alter the constitution, and an amendment procedure is clearly mentioned.
• Amendment should be made by the parliament, if it affects the federal structure- should be ratified by at least half of the state legislature.
• Independent and single unified judiciary.

Unitary features:

• Single citizenship, in other federal states often have dual citizenship
• Residuary powers  belong to the centre, union list is to be legislated upon by the centre only
• However Centre can also indulge in concurrent list
• In case of a clash between centre and state legislations, the central legislation will prevail.
• The proclamation of national emergency can immediately change the nature from federal to unitary.
• In federation each state should get equal representation- but in india- allocation is by population and president can nominate 12 persons
• Governors are appointed by the President
• Comptroller and auditor general and chief election commissioner have equal authority over centre and states.
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