Salient features of the Constitution

Anotações:

• 1. It is the bulkiest constitution ever adopted. It has 395 articles, 12 schedules and 5 appendices. 2. It has derived its inspirations from various constitutions of the world. 3. It is a synthesis of republican form of govt. of theUSA as well as the parliamentary form of govt. of Britain. However unlike US India follows a union and state form of govt. 4. It states the duties of the Union and state govt. as well as the public service committee and election commission in detail. 5. The constitution is based on the Government act of 1935 which a lengthy document. 6. India is a land of communal, religious as well as linguistically diverse country.  To cater to the needs of all citizens more laws have to be added which adds to the bulk of the constitution.

1. THE PARLIAMENTARY FORMOF GOVT>

   Anotações:

   • 1. The parliamentary form of govt is a form of govt  wherein the parliament has the power to make and execute laws. This form of govt is diferent from presidential form of govt. 2. In India the parliamentary form of govt exists both at the central and union level. 3. The nominal head of the state is the President. The power lies in the hands of the Prime Minister aided by the Council of ministers. the Council of ministers is responsible only to the PM and the parliament. They are responsible to the President only through the PM. 4. The Council of ministers enjoy power as long as they have the confidence of the majority members of the Lok Sabha. 5. At the state level the titular gead is the Governor while the powe is held by the Chief minister who is the head of the council of ministers.
2. THE CABINET

   Anotações:

   • 1. The cabinet is a part of the Council of ministers. 2. They comprise of senior members of a party and are appointed on the suggestion of the prime minister.  3. These ministers hold the confidence of the PM. Therefore they form the nucleus of the govt. 4. The cabinet holds power as long as it enjoys the confidence of the majority members of the Lok sabha. a vote of no confidence will result in the dissolving of the entire ministry.
   1. FUNCTIONS OF THE CABINET

      Anotações:

      • 1. The cabinet forms both external and domestic policies of the govt. 2. It coordinates the functioning of various departments for the smooth implementation of the govt laws. 3. The cabinet issues 95%of the bills. It pilots the bills y\through all the procedures from introduction to the final stage. The parliament only discuses and scrutinises  and seals the bills so as to legalise them. 4. The ministers and secretaries of various departments are answerable to the qustions of the Lok sabha therefore providing information to the public. 5. The cabinet plays an important role in moving the amendment to the constitution. 6. It prepares the President's special address to the Parliament. 7. It advices the president to issue ordiances when the parliament is not in session.

Anotações:

• The Indian govt is federal in character and unitary in spirit.Thts why its called a Quasi federal govt. It shares both federal and union features.

1. FEDERAL FEATURES

   Anotações:

   • A federal form of govt is a govt in which all the power is divided between the centre and the state by the constitution. the state govt is not subject to the centre and derives authority from the constitution. Bothe the centre and the state are free withintheir limitations imposed by the constitution.
   1. DIVISION OF POWER BETWEEN THE EXECUTIVE, LEGISLATURE AND JUDICIARY.

      Anotações:

      • 1. The judiciary with the supreme court at its apex functions independently. 2. The judges of the supreme and high court are appointed by the President. 3. The salaries and allowances of the judges cannot be lowered and are not p[ut to the vote of the legislature it is decide by the President. 4. The judges cannot be forces to abdicate their post until retirement ecept in case of gross misconduct. 5. The power of the legislature is kimited as the supreme court has the power of judicial review. According to this if any decision taken by the union or state is againdt the constitution the court can declare it ultra vires or unconstitutional.
   2. DIVISION OF POWERS BETWEEN UNION AND STATE

      Anotações:

      • Three lists: Union list- 97 subjects on which only the centre can take decisions. Concurrent list-47 subjects on which the state and cebtre can take decisions. State list-66 subjects in which only state can take decisions. Residuary power is vested I the parliament. the parliament can make laws regarding any subject in any list.
   3. TWIN SET OF GOVT.

      Anotações:

      • India has a twin set of govt one at the state and the other at the centre. None of the govt can cross limitations set by the govt. This is looked upon by the judiciary.
   4. DISTRIBUTION OF REVENUE BETWEEN CENTRAL AND STATE

      Anotações:

      • No govt can be successful without revenue. The constitution provides for distribution of revenue among the central and state govt.
2. UNION FEATURES
   1. STRONG CENTRE
   2. APPOINTMENT OF GOVERNORS

      Anotações:

      • The centre through the office of the president appoints the governor of the state. The governor holds power as long as he enjoys the confidence of the President.
   3. EMERGENCY PROVISIONS

      Anotações:

      • In case of emergencies the powers of the union is enhanced and those of the state are curtailed.
   4. SPECIAL POWERS OF RAJAYA SABHA ON DTATE SUBJECTS

      Anotações:

      • The union parliament can legislate in matters given in the state list if the rajya sabha passes a vote by 2/3 majority.
   5. A SINGLE CONSTITUTION

      Anotações:

      • States in India have no power to make or unmake their constitutions. The states do not have power to initiate amendments to the constitution.
   6. SINGLE CITIZENSHIP

      Anotações:

      • India has provided its citizens with single citizenship which is common to all people of various states
   7. INEQUALITY OF REPRESENTATION IN THE RAJAYA SABHA

      Anotações:

      • In India representation in the Rajya sabha depends on the size of the population and does not believe in equal representation.
   8. EXISTENCE OF UNION TERRITIRIES

      Anotações:

      • The union territories are directly inder the centre and do not hold individual powers.
   9. SINGLE UNIFIRED JUDICIARY

      Anotações:

      • India possess a supreme court at the apex and the high court and subordinate courts below it. There are no separate laws and a single civil and criminal procedure is followed throughout the country.
   10. CREATION OF NEW STATES

       Anotações:

       • Only the parliament can change or fix boundaries between two states or create a new state. It can also change the name of the state.. In both cases the resolution of the rajya sabha and state legislature is required.