LECTURE NOTES ON POLITY SESSION 1
What Is a constitution? Broadly speaking, it is a set of rules, written and unwritten, that seeks to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them and define the relationships between the state and the individual.
Salient features of the Constitution of India
(i) A written and lengthy constitution
The Constitution of India is a single, written document (unlike the British constitution which is not a single, written document (unlike the British constitution which is not a single, written document, but is drawn from legislation, treaties, judicial precedents, convention, and numerous other sources). It was framed by a constituent assembly which was established for the purpose in 1946. As originally adopted, it had 22 parts, 395 Articles and 8 schedules. A number of amendments, passed since its enforcement in 1950, have also become a part of the constitution.
The Constitution of India is the lengthiest constitution in the world as no other constitution contains as many articles. The constitution of USA has 7 articles, of China 138, Japan 103, and Canada 107 articles.
(ii) Single Constitution
Unlike the US which is considered as role model of federalism, India has a single constitution, that is, the Indian states do not have separate constitutions.
(iii) Sovereign, socialist, secular, democratic, republic
The constitution declares India to be a sovereign, socialist, secular, democratic and republic. The words, ‘socialist’ and ‘secular’ were added in the preamble of the constitution by 42nd amendment which was passed in 1976.
Sovereign-It means absolutely independent; it is not under the control of any other state.
Socialist-Word ‘socialist’ was added in the preamble by 42nd amendment of the constitution which was passed in 1976. This implies a system which will Endeavour to avoid concentration of wealth in a few hands and will assure its equitable distribution.
Secular- The word secular, like socialist was also added in the preamble by 42nd Amendment of the constitution. There is no state religion in India.Every citizen is free to follow and practise the religion of his/her own choice. The state cannot discriminate among its citizens on the basis of religion.
Democratic- It means that the power of the government is vested in the hands of the people. People exercise this power through their elected representatives who, in turn, are responsible to them.All the citizens enjoy equal political rights.
Republic- It means that the head of the state is not a hereditary monarch but a president who is indirectly elected by the people for a definite period.
(iv) Unique blend of rigidity and flexibility-
Whether a constitution is rigid or flexible depends on the process of amendment. If the constitutional laws or ordinary laws are amended separate ways, it is a rigid constitution. On the contrary, in a flexible constitution, constitutional laws and ordinary laws are amended in the same way.
(v) Patch, but a beautiful patchwork-
The Indian constitution is often referred to as a patchwork. It has been inspired and derived from various sources. The best features of various constitutions have been incorporated in our constitution.
(vi) Parliamentary form of democracy-
Indian constitution provides for a parliamentary form of government. President is the nominal head of the state. In actual practice, the government is run by the Prime Minister and other members of the other council of ministers. The council of ministers is collectively responsible to the parliament.
(vii) Fundamental rights and duties-
The Constitution Of India guarantees six fundamental rights to every citizen.These are-
(i) Right to equality
(ii) Right to freedom
(iii) Right against exploitation
(iv) Right to freedom of religion
(v) Cultural and educational rights
(vi) Right to constitutional remedies
The constitution initially did not provide for Fundamental Duties. By 42nd amendment of the constitution, ten Fundamental duties of citizens have also been added. Currently there are eleven fundamental duties.
Directive principles of state policy
The directive principle of state policy are listed in part four of the Indian Constitution. The framers of our constitution took the idea of having such principles from the Irish constitution. These principles are instructions given by the Constitution to government.
All the governments-central, state and Local-are expected to frame their policies in accordance with these principles. The aim of these principles is to establish a welfare state in India.They, however are not binding on the government-they are mere guidelines.
Single citizenship
In federation, normally we have double citizenship. In USA every citizen of United States of America is the citizen of the state in which he or she stays. But the Constitution of India provides for single citizenship-every Indian, irrespective of his place of birth or residence, is a citizenship of India.
Universal adult franchise
The constitution provides for Universal Adult Franchise(article 326). It means that every citizen who is 18 years of age or more is entitled to cast his/her vote irrespective of his caste, creed, sex, religion or place of birth.
Affirmative action
The constitution provides for affirmative action by the state to improve the conditions of the weaker actions of society by providing reservations in the legislatures and government actions.
Independent judiciary
The Indian constitution provides for an Independent judiciary.The judiciary has been made independent of the executive as well as the legislature. The judges give impartial justice.
Independent agencies
The constitution provides for some independent agencies to perform functions allotted to them. The important agencies are
i. Election commission(art 324)
ii. Comptroller and Auditor General(art 148)
iii. Union and State Public Service Commission(article 315)
iv. Finance Commission (art 280)
Emergency Provisions
The framers of our constitution had realised that there could be certain dangerous situations when government could not be run as in ordinary time. Hence our constitution contains certain emergency provisions. During emergency the fundamental rights of the citizens can be suspended and our government becomes a unitary one.
The constitution make provisions for the proclamation of National Emergency under article 352, state emergency under article 356 and Financial Emergency under article 360.
| USA | Fundamental rights Independent judiciary Judicial Review Impeachment of President(only partially-it is much tougher to impeach the president in the US,than in India) Removal of supreme court judges Vice presidential post |
| Ireland | Directive principles of state policy Nomination of members of Rajya Sabha Electoral office and method of election of the president |
| Germany | Emergency Provisions |
| Canada | Distribution of legislative powers between the center and states(storing center) |
| United Kingdom | Parliamentary form of govt Rules of Law Legislation Single Citizenship Bicameralism |
| Russian Revolution | Ideal of Justice,social,education, economic and political |
| French Revolution | Ideal of Liberty, equality and fraternity |
| Govt of India 1935 | Federal Scheme Office of Governor Judiciary Public service commission Emergency Administrative details |
| South Africa | Amendment to the constitution |
| Australia | Concurrent List |
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