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CONSTITUTION OF INDIA
By
Er & Adv: Davy Cherian ,ME ,LLB
(Chartered Engineer)
3. Rigidity – Rigidity is considered in the sense that the procedure for amendments are
complicated and difficult.
In the above background, the Indian Constitution has got all Federal
characteristics. It establishes a dual policy, a system a double Govt. with Central Govt. at
the Centre and state Govts. There is distribution of powers between the centre and state
Govts. Each level of Govt. is supreme. The Constitution is written and supreme. The
amendment is not possible without the consent of the majority of states. The Constitution
establishes Supreme Court to decide disputes between the Union and the between states
as per the provisions of the Constitution.
Appointment of Governors
The Governors are appointed by the President (Article 155 and 156). This is
not as significant as we think that the Governor act only accordingly to the advise of the
Ministers. As per provisions of Arts 200 and 288(2), the Governor is to send some state
laws for the assent of the President. Generally the President will not exercise his power to
veto but it was happened in case of Kerala Education Bill where it was referred to
Supreme Court for advise as to know whether any provisions in the bill ultra vires the
Constitution.
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Under Art 249, the Parliament is empowered to make laws on any matter
enumerated in the state list if the Rajaya Sabha passes a resolution by 2/3 rd majority that
it is necessary in the national interest. Normally this cannot be unless the Constitution is
amended. But this can be in case two or more states passing a resolution by 2/3 majority
of the members present.
(3) Parliament’s power to form new states and alter boundaries of existing states
The Parliament may form new states. Very recently two new states were
formed as Chaltisgarh and Uthrananjal . The Art 3 gives provision under Constitution for
readjustment of the territories of Constitutional states.
Dr. V N Sukla correctly observes that “it is the merit of the constitution
that that it visualises the contigencies and acts strictly to keep up the unity of
Nations. The Contitution of USA, Australia and canada though do not express for
enlargement of Federal power during emergencies, during the world wars, the
defence power of the Federal Govt. was extended that the Courts interpreted that
these states behaved like Unitary than Federal State” .
(1) The lengthiest Constitution in the world - It is the lengthiest and most detailed
written constitution in the world. Originally there were 395 Articles divided into 22
parts and 9 schedules. Now after 94th Amendment there are 442 Articles divided into
24 parts and 12 schedules.
Till the liberalization Policy adopted in our economy from 1991, India
predominantly developed the public sector but switched over to giving dominance to
private sector especially in the last two five years plans. Even the Governments in West
Bengal and Kerala had given importance to Private Sector like Tata , Ambani. Birla and
also for many foreign participants E.g. TEACOM (Smart City).
The word Secularism means a state which has no religion of state . All the
religions has got equal status and a citizen can faith in any religion according to his faith
and choice.
The term Republic signifies that there shall be an elected head of the state
who will be the Chief Executive Head.
(2) Parliamentary form of Government - The framers of Constitution has adopted the
entire British System where the Parliament has got two houses. Though the President
is the real Constitutional Head in India the power is vested with the Ministers who are
elected by the people . In some states also have two houses of legislature.
Before the introduction of the Anti- Defection bill, there were strong
discussions for a Presidential system because of the frequent defeats of the Govts by the
defections, there was a committee called Swaran Singh Committee to recommend
Constitutional reforms who unanimously rejected the presidential system. Now a days
there are no such thinking and people adopted the Parliamentary system.
(3) Unique blend of rigidity and Flexibility – Rigid means that, for making
amendments it should have some special method of amendments. The Constitutional
Provisions, it should have 2/3 majority of the members present in the parliament (two
Houses )which was not difficult when single party rule was existing at the centre .
Now the situation has totally changed because of the coalitions Govts and total
unanimity is there irrespective of ruling or opposition party only when the benefits of
the members are enhanced.
Fundamental Rights
The fundamental rights of citizens are incorporated in part III of our Constitution. If it is
only written and if there is no means to enjoy it, there is no use. But Indian Constitution
clearly conferred the supreme court, the highest court of the grant the power to grand
most effective remedies in the nature of writs, Habeas Corpus Mandamus, Prohibition,
Quo-warranty and cerliorari . When ever these rights are violated by the State or by
anybody. It must be very clearly understood that fundamental rights are not absolute
rights, but they are subject to certain restrictions. Thus our Constitution try to strike a
balance between the individual liberty and the social interest. The idea of incorporating a
bill of Rights (Fundamental rights) has been taken from the constitution of US.
It is incorporated in Part IV of the constitution, which set out the aims and
objectives to be taken by the States in the governance of the country. Unlike fundamental
rights, these rights are not justiciable. Though they are not questionable in courts, yet the
State authorities will have to answer to the electorates at the time of election. If we want
to make a welfare state as envisaged in our Constitution, the States will have to
implement the directive principles with a high sense of moral duty.
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Adult sulfrage
Our constitution provides adult franchise to all citizens who have completed
18 years of age with out considering either of sex, property, taxation, caste, tribe,
education qualifications and the like. Though inspite of may difficulties, this experiment
crowned with success.
An Independent Judiciary
A secular state
Our constitution envisages a Secular State where there is no state religion but the
individuals can have religious of their choice. Art 2, 5 to 28 of Constitution gives
concrete shape to the concept of secularity. Every citizen is guaranteed the freedom of
conscience and the right to profess, practice and propagate religion. But the restriction is
that nothing can be done against public order, moralty and health of public. Religions
freedom cannot therefore be used to practice economic exploitation.
Fundamental Duties
The 42nd amendment Act 1976 has introduced a code of ten fundamental Duties for
citizen. This is a constant reminder to every citizen that while the constitution specifically
conferred certain fundamental rights, it also requires the citizens to observe certain basic
norms of democratic conduct and democratic behavior.
References