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Constitution of India

The Constitution of India (IAST: Bhāratīya Saṃvidhāna) is the supreme law of India.[3][4] The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world.[5][6][7]

Constitution of India
Original text of the preamble
Overview
Jurisdiction India
Ratified26 November 1949; 73 years ago (1949-11-26)
Date effective26 January 1950; 72 years ago (1950-01-26)
SystemFederal Parliamentary Constitutional Republic
Government structure
BranchesThree (Executive, Legislature and Judiciary)
ChambersTwo (Rajya Sabha and Lok Sabha)
ExecutivePrime minister–led cabinet responsible to the lower house of the parliament
JudiciarySupreme court, high courts and district courts
FederalismFederal[1]
Electoral collegeYes, for presidential and vice-presidential elections
Entrenchments2
History
Amendments105
Last amended10 August 2021 (105th)
Citation (PDF), 9 September 2020, archived from the original (PDF) on 29 September 2020
LocationParliament House, New Delhi, India
Author(s)
Signatories284 members of the Constituent Assembly
SupersedesGovernment of India Act 1935
Indian Independence Act 1947

It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble.[8] Parliament cannot override the constitution.

B. R. Ambedkar and Constitution of India on a 2015 postage stamp of India

It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950.[9] The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in Article 395.[10] India celebrates its constitution on 26 January as Republic Day.[11]

The constitution declares India a sovereign, socialist, secular,[12] and democratic republic, assures its citizens justice, equality, and liberty, and endeavours to promote fraternity.[13] The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament House in New Delhi.[14] The words "secular" and "socialist" were added to the preamble by 42nd amendment act in 1976 during the Emergency.[15]

Background

 
Babasaheb Ambedkar, chairman of the drafting committee, presenting the final draft of the Indian constitution to Constituent Assembly president Rajendra Prasad on 25 November 1949

In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as the Nehru Report.[16]

Most of the colonial India was under British rule from 1857 to 1947. From 1947 to 1950, the same legislation continued to be implemented as India was a dominion of Britain for these three years, as each princely state was convinced by Sardar Patel and V.P.Menon to sign the articles of integration with India, and the British government continued to be responsible for the external security of the country.[17] Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became effective on 26 January 1950. India ceased to be a dominion of the British Crown and became a sovereign, democratic and republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the remaining articles became effective on 26 January 1950 which is celebrated every year in India as Republic Day.[18]

Previous legislation

The constitution was drawn from a number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the Government of India Act 1858, the Indian Councils Acts of 1861, 1892 and 1909, the Government of India Acts 1919 and 1935, and the Indian Independence Act 1947. The latter, which led to the creation of India and Pakistan, divided the former Constituent Assembly in two. The Amendment act of 1935 is also a very important step for making the constitution for two new born countries. Each new assembly had sovereign power to draft and enact a new constitution for the separate states.[19]

Constituent Assembly

 
1950 Constituent Assembly meeting

The constitution was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies.[20] The 389-member assembly (reduced to 299 after the partition of India) took almost three years to draft the constitution holding eleven sessions over a 165-day period.[5][19]

Having studied the constitutions of about 60 countries, Ambedkar was considered a wise constitutional expert. Ambedkar is recognised as the "Father of the Constitution of India".[21][22] In the constitution assembly, a member of the drafting committee, T. T. Krishnamachari said:

Mr. President, Sir, I am one of those in the House who have listened to Dr. Ambedkar very carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution. At the same time, I do realise that that amount of attention that was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee. The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.[23][24]

Timeline of formation of the Constitution of India

  • 6 December 1946: Formation of the Constitution Assembly (in accordance with French practice).
  • 9 December 1946: The first meeting was held in the constitution hall (now the Central Hall of Parliament House).[25] The 1st person to address was J. B. Kripalani, Sachchidananda Sinha became temporary president. (Demanding a separate state, the Muslim League boycotted the meeting.)
  • 11 December 1946: The Assembly appointed Rajendra Prasad as its president,[25] H. C. Mukherjee as its vice-chairman and B. N. Rau as constitutional legal adviser. (There were initially 389 members in total, which declined to 299 after partition. Out of the 389 members, 292 were from government provinces, four from chief commissioner provinces and 93 from princely states.)
  • 13 December 1946: An "Objective Resolution" was presented by Jawaharlal Nehru,[25] laying down the underlying principles of the constitution. This later became the Preamble of the Constitution.
  • 22 January 1947: Objective resolution unanimously adopted.[25]
  • 22 July 1947: National flag adopted.
  • 15 August 1947: Achieved independence. India split into the Dominion of India and the Dominion of Pakistan.
  • 29 August 1947: Drafting Committee appointed with B. R. Ambedkar as its Chairman.[25] The other six members of committee were Munshi, Muhammed Sadulla, Alladi Krishnaswamy Iyer, N. Gopalaswami Ayyangar, Khaitan and Mitter.
  • 16 July 1948: Along with Harendra Coomar Mookerjee, V. T. Krishnamachari was also elected as second vice-president of Constituent Assembly.
  • 26 November 1949: The Constitution of India was passed and adopted by the assembly.[25]
  • 24 January 1950: Last meeting of Constituent Assembly. The Constitution was signed and accepted (with 395 Articles, 8 Schedules, and 22 Parts).
  • 26 January 1950: The Constitution came into force. (The process took 2 years, 11 months and 18 days—at a total expenditure of ₹6.4 million to finish.)

G. V. Mavlankar was the first Speaker of the Lok Sabha (the lower house of Parliament) after India turned into a republic.

Membership

B. R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Vallabhbhai Patel, Kanaiyalal Maneklal Munshi, Ganesh Vasudev Mavalankar, Sandipkumar Patel, Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were key figures in the assembly,[5][19] which had over 30 representatives of the scheduled classes. Frank Anthony represented the Anglo-Indian community,[5] and the Parsis were represented by H. P. Modi.[5] Harendra Coomar Mookerjee, a Christian assembly vice-president, chaired the minorities committee and represented non-Anglo-Indian Christians.[5] Ari Bahadur Gurung represented the Gorkha community.[5] Judges, such as Alladi Krishnaswamy Iyer, Benegal Narsing Rau, K. M. Munshi and Ganesh Mavlankar were members of the assembly.[5] Female members included Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Amrit Kaur and Vijaya Lakshmi Pandit.[5]

The first, two-day president of the assembly was Sachchidananda Sinha; Rajendra Prasad was later elected president.[19][20] It met for the first time on 9 December 1946.[5][20][15]

Drafting

Sir Benegal Narsing Rau, a civil servant who became the first Indian judge in the International Court of Justice and was president of the United Nations Security Council, was appointed as the assembly's constitutional adviser in 1946.[26] Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948.[26][27][28] The draft of B.N. Rau consisted of 243 articles and 13 schedules which came to 395 articles and 8 schedules after discussions, debates and amendments.[29]

At 14 August 1947 meeting of the assembly, committees were proposed.[20] Rau's draft was considered, debated and amended by the eight-person drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair.[5][15] A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947.[15] Dr B. R. Ambedkar in his concluding speech in constituent assembly on 25 November 1949 stated that:[30]

The credit that is given to me does not really belong to me. It belongs partly to Sir B.N. Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee.

While deliberating the revised draft constitution, the assembly moved, discussed and disposed off 2,473 amendments out of a total of 7,635.[19][31] Before adopting the constitution, the assembly held eleven sessions in 165 days.[5][19] On 26 November 1949, it adopted the constitution,[5][19][15][28][32] which was signed by 284 members.[5][19][15][28][32] The day is celebrated as National Law Day,[5][33] or Constitution Day.[5][34] The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar.[35]

 
Jawaharlal Nehru signing the constitution

The assembly's final session convened on 24 January 1950. Each member signed two copies of the constitution, one in Hindi and the other in English.[5][19][28] The original constitution is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose.[15][28] Its calligrapher was Prem Behari Narain Raizada.[15] The constitution was published in Dehradun and photolithographed by the Survey of India. Production of the original constitution took nearly five years. Two days later, on 26 January 1950, it became the law of India.[15][36] The estimated cost of the Constituent Assembly was 6.3 crore.[19] The constitution has had more than 100 amendments since it was enacted.[37]

Influence of other constitutions

Government Influence
  United Kingdom[5][38]
  United States[39]
  Ireland
  Australia
  France
  Canada
  Soviet Union[5]
  Weimar Republic[15]
  South Africa
  Japan

Structure

The Indian constitution is the world's longest for a sovereign nation.[5][6][7] At its enactment, it had 395 articles in 22 parts and 8 schedules.[a][19] At about 145,000 words, it is the second-longest active constitution—after the Constitution of Alabama—in the world.[42]

The constitution has a preamble and 470 articles,[b] which are grouped into 25 parts.[c][15] With 12 schedules[d] and five appendices,[15][43] it has been amended 105 times; the latest amendment became effective on 15 August 2021.

The constitution's articles are grouped into the following parts:

  • Preamble,[44] with the words "socialist", "secular" and 'integrity' added in 1976 by the 42nd amendment[45][46]
  • Part I[47] – The Union and its Territory – Articles 1 to 4
  • Part II[48] – Citizenship – Articles 5 to 11
  • Part III – Fundamental Rights – Articles 12 to 35
  • Part IV[49] – Directive Principles of State Policy – Articles 36 to 51
  • Part IVA – Fundamental Duties – Article 51A
  • Part V[50] – The Union – Articles 52 to 151
  • Part VI[51] – The States – Articles 152 to 237
  • Part VII[52] – States in the B part of the first schedule (repealed) – Article 238
  • Part VIII[53] – Union Territories – Articles 239 to 242
  • Part IX[54] – Panchayats – Articles 243 to 243(O)
  • Part IXA[55] – Municipalities – Articles 243(P) to 243(ZG)
  • Part IXB – Co-operative societies[56] – Articles 243(ZH) to 243(ZT)
  • Part X – Scheduled and tribal areas[57] – Articles 244 to 244A
  • Part XI – Relations between the Union and the States[58] – Articles 245 to 263
  • Part XII – Finance, property, contracts and suits – Articles 264 to 300A
  • Part XIII – Trade and commerce within India – Articles 301 to 307
  • Part XIV – Services under the union and states – Articles 308 to 323
  • Part XIVA – Tribunals – Articles 323A to 323B
  • Part XV – Elections – Articles 324 to 329A
  • Part XVI – Special provisions relating to certain classes – Articles 330 to 342
  • Part XVII – Languages – Articles 343 to 351
  • Part XVIII – Emergency provisions – Articles 352 to 360
  • Part XIX – Miscellaneous – Articles 361 to 367
  • Part XX – Amendment of the Constitution – Articles 368
  • Part XXI – Temporary, transitional and special provisions – Articles 369 to 392
  • Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals – Articles 393 to 395

Schedules

Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy.

Schedule Article(s) Description
First 1 and 4 Lists India's states and territories, changes in their borders and the laws used to make that change.
Second 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221 Lists the salaries of public officials, judges, and the comptroller and auditor general.
Third 75(4), 99, 124(6), 148(2), 164(3), 188 and 219 Forms of oaths – Lists the oaths of office for elected officials and judges
Fourth 4(1) and 80(2) Details the allocation of seats in the Rajya Sabha (upper house of Parliament) by state or union territory.
Fifth 244(1) Provides for the administration and control of Scheduled Areas[e] and Scheduled Tribes[f] (areas and tribes requiring special protection).
Sixth 244(2) and 275(1) Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Seventh 246 Central government, state, and concurrent lists of responsibilities
Eighth 344(1) and 351 Official languages
Ninth 31-B Validation of certain acts and regulations.[g]
Tenth 102(2) and 191(2) Anti-defection provisions for members of Parliament and state legislatures.
Eleventh 243-G Panchayat Raj (rural local government)
Twelfth 243-W Municipalities (urban local government)

Appendices

  • Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954
  • Appendix II – Re-statement, referring to the constitution's present text, of exceptions and modifications applicable to the state of Jammu and Kashmir
  • Appendix III – Extracts from the Constitution (Forty-fourth Amendment) Act, 1978
  • Appendix IV – The Constitution (Eighty-sixth Amendment) Act, 2002
  • Appendix V – The Constitution (Eighty-eighth Amendment) Act, 2003

Governmental sources of power

The executive, legislative, and judicial branches of government receive their power from the constitution and are bound by it.[59] With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature.

  • Under Articles 52 and 53: the president of India is head of the executive branch
  • Under Article 60: the duty of preserving, protecting, and defending the constitution and the law.
  • Under Article 74: the prime minister is the head of the Council of Ministers, which aids and advises the president in the performance of their constitutional duties.
  • Under Article 75(3): the Council of Ministers is answerable to the lower house.

The constitution is considered federal in nature, and unitary in spirit. It has features of a federation, including a codified, supreme constitution; a three-tier governmental structure (central, state and local); division of powers; bicameralism; and an independent judiciary. It also possesses unitary features such as a single constitution, single citizenship, an integrated judiciary, a flexible constitution, a strong central government, appointment of state governors by the central government, All India Services (the IAS, IFS and IPS), and emergency provisions. This unique combination makes it quasi-federal in form.[60]

Each state and union territory has its own government. Analogous to the president and prime minister, each has a governor or (in union territories) a lieutenant governor and a chief minister. Article 356 permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. This power, known as president's rule, was abused as state governments came to be dismissed on flimsy grounds for political reasons. After the S. R. Bommai v. Union of India decision,[61][62] such a course of action is more difficult since the courts have asserted their right of review.[63]

The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas.[15] Article 370 gave special status to the state of Jammu and Kashmir.

The Legislature and amendments

Article 368 dictates the procedure for constitutional amendments. Amendments are additions, variations or repeal of any part of the constitution by Parliament.[64] An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures.

Unlike ordinary bills in accordance with Article 245 (except for money bills), there is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. During a parliamentary recess, the president cannot promulgate ordinances under his legislative powers under Article 123, Chapter III.

Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document.[65] The constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.

In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update. The commission submitted its report on 31 March 2002. However, the recommendations of this report have not been accepted by the consecutive governments.

The government of India establishes term-based law commissions to recommend legal reforms, facilitating the rule of law.

Limitations

In Kesavananda Bharati v. State of Kerala, the Supreme Court ruled that an amendment cannot destroy what it seeks to modify; it cannot tinker with the constitution's basic structure or framework, which are immutable. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of the constitution. According to the doctrine, the constitution's basic features (when "read as a whole") cannot be abridged or abolished. These "basic features" have not been fully defined,[59] and whether a particular provision of the constitution is a "basic feature" is decided by the courts.[66]

The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure:[1]

  1. Supremacy of the constitution
  2. Republican, democratic form of government
  3. Its secular nature
  4. Separation of powers
  5. Its federal character[1]

This implies that Parliament can only amend the constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review. This is typical of parliamentary governments, where the judiciary checks parliamentary power.

In its 1967 Golak Nath v. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by the basic structure doctrine.[67] The extent of land ownership and practice of a profession, in this case, were considered fundamental rights.[68] The ruling was overturned with the ratification of the 24th Amendment in 1971.[68]

The judiciary

The judiciary is the final arbiter of the constitution.[69] Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds.[70] The judiciary protects the fundamental rights of the people (enshrined in the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states).

The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. An independent judiciary has been held as a basic feature of the constitution,[71][72] which cannot be changed by the legislature or the executive.[73] Article 50 of the Constitution provides that the state must take measures to separate the judiciary from the executive in the public services.

Judicial review

Judicial review was adopted by the constitution of India from judicial review in the United States.[74] In the Indian constitution, judicial review is dealt with in Article 13. The constitution is the supreme power of the nation, and governs all laws. According to Article 13:

  1. All pre-constitutional laws, if they conflict wholly or in part with the constitution, shall have all conflicting provisions deemed ineffective until an amendment to the constitution ends the conflict; the law will again come into force if it is compatible with the constitution as amended (the Doctrine of Eclipse).[75]
  2. Laws made after the adoption of the constitution must be compatible with it, or they will be deemed void ab initio.
  3. In such situations, the Supreme Court (or a high court) determines if a law is in conformity with the constitution. If such an interpretation is not possible because of inconsistency (and where separation is possible), the provision which is inconsistent with the constitution is considered void. In addition to Article 13, Articles 32, 226 and 227 provide the constitutional basis for judicial review.[76]

Due to the adoption of the Thirty-eighth Amendment, the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies).[77] The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C.[78]

The Executive

Chapter 1 of the Constitution of India creates a parliamentary system, with a Prime Minister who, in practice, exercises most executive power. The prime minister must have the support of a majority of the members of the Lok Sabha, or lower House of Parliament. If the Prime Minister does not have the support of a majority, the Lok Sabha can pass a motion of no confidence, removing the Prime Minister from office. Thus the Prime Minister is the member of parliament who leads the majority party or a coalition comprising a majority.[79] The Prime Minister governs with the aid of a Council of Ministers, which the Prime Minister appoints and whose members head ministries. Importantly, Article 75 establishes that "the Council of Ministers shall be collectively responsible to the House of the People" or Lok Sabha.[80] The Lok Sabha interprets this article to mean that the entire Council of Ministers can be subjected to a no confidence motion.[81] If a no confidence motion succeeds, the entire Council of Ministers must resign.

Despite the Prime Minister exercising executive power in practice, the constitution bestows all the national government's executive power in the office of the President.[82] This de jure power is not exercised in reality, however. Article 74 requires the President follow the "aid and advice" of the Council, headed by the Prime Minister.[83] In practice, this means that President's role is mostly ceremonial, with the Prime Minister exercising executive power because the President is obligated to act on the Prime Minister's wishes.[84] The President does retain the power to ask the Council to reconsider its advice, however, an action the President may take publicly. The Council is not required to make any changes before resubmitting the advice to the President, in which case the President is constitutionally required to adhere to it, overriding the President's discretion.[83] Previous Presidents have used this occasion to make public statements about their reasoning for sending a decision back to the Council, in an attempt to sway public opinion.[84] This system, with an executive who only possesses nominal power and an official "advisor" who possess actual power, is based on the British system and is a result of colonial influences on India before and during the writing of its constitution.[85][86]

The President is chosen by an electoral college composed of the members of both the national and state legislatures. Article 55 outlines the specifics of the electoral college. Half of the votes in the electoral college are assigned to state representatives in proportion to the population of each state and the other half are assigned to the national representatives. The voting is conducted using a secret, single transferable vote.[87]

While the Constitution gives the legislative powers to the two Houses of Parliament, Article 111 requires the President's signature for a bill to become law. Just as with the advice of the Council, the President can refuse to sign and send it back to the Parliament, but the Parliament can in turn send it back to the President who must then sign it.[88]

Dismissal of the Prime Minister

Despite the President's mandate to obey the advice of the Prime Minister and the Council, Article 75 declares that both "shall hold office during the pleasure of the President."[80] This means the President has the constitutional power to dismiss the Prime Minister or Council at anytime. If the Prime Minister still retained a majority vote in the Lok Sabha, however, this could trigger a constitutional crisis because the same article of the Constitution states that the Council of Ministers is responsible to the Lok Sabha and must command a majority in it. In practice the issue has never arisen, though President Zail Singh threatened to remove Prime Minister Rajiv Gandhi from office in 1987.[89]

Presidential Power to Legislate

When either or both Houses of Parliament are not in session, the Prime Minister, acting via the President, can unilaterally exercise the legislative power, creating ordinances that have the force of law. These ordinances expire six weeks after Parliament reconvenes or sooner if both Houses disapprove.[90] The Constitution declares that ordinances should only be issued when circumstances arise that require "immediate action." Because this term is not defined, governments have begun abusing the ordinance system to enact laws that could not pass both Houses of Parliament, according to some commentators.[91] This appears to be more common with divided government; when the Prime Minister's party controls the lower house but not the upper house, ordinances can be used to avoid needing the approval of the opposition in the upper house. In recent years, around ten ordinances have been passed annually, though at the peak of their use, over 30 were passed in a single year.[92] Ordinances can vary widely on their topic; recent examples of ordinances include items as varied as modifications to land owner rights, emergency responses to the COVID-19 pandemic, and changes to banking regulations.[92][93]

Federalism

The first article of the Constitution declares that India is a "Union of States."[94] Under the Constitution, the States retain key powers for themselves and have a strong influence over the national government via the Rajya Sabha. However, the Constitution does provide key limits on their powers and gives final say in many cases to the national government.

State Powers in the Constitution

Rajya Sabha

At the Union level, the States are represented in the Rajya Sabha or Council of States. The Fourth Schedule of the Constitution lays out the number of seats that each State controls in the Council of States, and they are based roughly on each State's population.[95] The members of each state legislature elect and appoint these representatives in the Council of States.[96] On most topics the Rajya Sabha is coequal with the lower house or Lok Sabha, and its consent is required for a bill to become a law.[97] Additionally, as one of the Houses of Parliament, any amendment to the Constitution requires a two-thirds majority in the Rajya Sabha to go into effect.[98] These provisions allow the States significant impact on national politics through their representation in the "federal chamber."[95]

State List

The Constitution provides the States with a long list of powers exclusive to their jurisdiction.[95] Generally only State Legislatures are capable of passing laws implementing these powers; the Union government is prohibited from doing so. These powers are contained in the second list of the Seventh Schedule of the Constitution, known as the State List. The areas on the State List are wide-ranging and include topics like public health and order and a variety of taxes. The State List grants the states control over the police, healthcare, agriculture, elections, and more.[99]

Powers can only be permanently removed from the State List via a constitutional amendment approved by a majority of the states. The Rajya Sabha, as the representative of the States, can temporarily remove an item from the State List so the Union parliament can legislate on it. This requires a two-thirds vote and lasts for a renewable one-year period.[95]

Amendments

In addition to exerting influence over the amendment process via the Rajya Sabha, the States are sometimes involved in the amendment process. This special, entrenched process is triggered when an amendment to the Constitution specifically concerns the States by modifying the legislature or the powers reserved to the states in the Seventh Schedule. When this occurs, an amendment must be ratified by a majority of state legislatures for the amendment to go into effect.[98]

Limitations on State Powers

Union and Concurrent Lists

While the State List mentioned above provides powers for the States, there are two other lists in the Seventh Schedule that generally weaken them. These are the Union and Concurrent lists. The Union List is the counterpart to the State List, containing the areas of exclusive jurisdiction of the Union government, where the states are prohibited from legislating.[100] Items on the Union List include the national defense, international relations, immigration, banking, and interstate commerce.[99]

The final list is the Concurrent List which contains the topics on which both the Union and State-level governments may legislate on. These topics include courts and criminal law, unions, social security, and education.[99] In general, when the Union and State laws on a Concurrent List item conflict, the Union-level laws prevail. The only way for the State-level law to override the national one is with the consent of the President, acting on the advice of the Prime Minister.[101]

Additionally, any powers not on any of the three lists are reserved for the Union government and not for the states.[102]

Appointment of Governors

The Governor of each State is given the executive power of the respective State by the Constitution.[103] These Governors are appointed directly by the President of the central government. Because the Prime Minister acts via the President, the Prime Minister is the one who chooses the Governors in practice.[104] Once appointed, a Governor serves for a five year term or can be replaced by the President at any time, if asked to do so by the Prime Minister.[105] Because the Union government can remove a Governor at any time, it is possible that Governors may act in a way the Union Government wants, to the detriment of their state, so that they can maintain their office. This has become a larger issue as the State Legislatures are often controlled by different parties than that of the Union Prime Minister, unlike the early years of the constitution.[106] For example, Governors have used stalling tactics to delay giving their assent to legislation that the Union Government disapproves of.[107]

In general the influence of the Union on State politics via the Governor is limited, however, by the fact that the Governor must listen to the advice of the Chief Minister of the State who needs to command a majority in the State Legislature.[108] There are key areas where the Governor does not need to heed the advice of the Chief Minister. For example, the Governor can send a bill to President for consideration instead of signing it into law.[109]

Creation of States

Perhaps the most direct power over the States is the Union's ability to unilaterally create new states out of territories or existing states and to modify and diminish the boundaries of existing states.[110] To do so, Parliament must pass a simple law with no supermajority requirements. The States involved do not have a say on the outcome but the State Legislature must be asked to comment.[111] The most recent state to be created was Telangana in 2014.[112] More recently, Ladakh was created as a new Union Territory after being split off from Jammu and Kashmir in 2019, and Daman and Diu and Dadra and Nagar Haveli were combined into a single Union Territory in 2020.[113][114] The former was particularly controversial. Jammu and Kashmir was a full state, and the legislation creating Ladakh stripped the area of its status as a state and downgraded it to a Union Territory, allowing the Union Government to directly control it. This required no input from Jammu and Kashmir.[115]

Federalism and the Courts

While the states have separate legislative and executive branches, they share the judiciary with the Union government. This is different from other federal court systems, such as the United States, where state courts mainly apply state law and federal courts mainly apply federal law.[116] Under the Indian constitution, the High Courts of the States are directly constituted by the national constitution. The constitution also allows states to set up lower courts under and controlled by the state's High Court.[117][118] Cases heard at or appealed to the High Courts can be furter appealed to the Supreme Court of India in some cases.[119] All cases, whether dealing with federal or state laws, move up the same judicial hierarchy, creating a system sometimes termed integrated federalism.[116]

International law

The Constitution includes treaty making as part of the executive power given to the President.[120] Because the President must act in accordance with the advice of the Council of Ministers, the Prime Minister is the chief party responsible for making international treaties in the Constitution. Because the legislative power rests with Parliament, the President's signature on an international agreement does not bring it into effect domestically or enable courts to enforce its provisions. Article 253 of the Constitution bestows this power on Parliament, enabling it to make laws necessary for implementing international agreements and treaties.[121] These provisions indicate that the Constitution of India is dualist, that is, treaty law only takes effect when a domestic law passed using the normal processes incorporates it into domestic law.[122]

Recent Supreme Court decisions have begun to change this convention, incorporating aspects of international law without enabling legislation from parliament.[123] For example in Gramophone Company of India Ltd. v Birendra Bahadur Pandey, the Court held that "the rules of international law are incorporated into national law and considered to be part of the national law, unless they are in conflict with an Act of Parliament."[124] In essence, this implies that international law applies domestically unless parliament says it does not.[122] This decision moves the Indian Constitution to a more hybrid regime, but not to a fully monist one.

Flexibility

According to Granville Austin, "The Indian constitution is first and foremost a social document, and is aided by its Parts III & IV (Fundamental Rights & Directive Principles of State Policy, respectively) acting together, as its chief instruments and its conscience, in realising the goals set by it for all the people."[h][125] The constitution has deliberately been worded in generalities (not in vague terms) to ensure its flexibility.[126] John Marshall, the fourth chief justice of the United States, said that a constitution's "great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves."[127] A document "intended to endure for ages to come",[128] it must be interpreted not only based on the intention and understanding of its framers, but in the existing social and political context.

The "right to life" guaranteed under Article 21[A] has been expanded to include a number of human rights, including:[5]

At the conclusion of his book, Making of India's Constitution, retired Supreme Court Justice Hans Raj Khanna wrote:

If the Indian constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions! A constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance is the price of liberty and in the final analysis, its only keepers are the people.[132]

See also

Explanatory notes

  1. ^ Although the last article of the 1974 Constitution of Yugoslavia was Article 406, the Yugoslav constitution contained about 56,000 words in its english tranlsation
  2. ^ Although the last article of the constitution is Article 395, the total number in March 2013 was 465. New articles added through amendments have been inserted in the relevant location of the original constitution. To not disturb the original numbering, new articles are inserted alphanumerically; Article 21A, pertaining to the right to education, was inserted by the 86th Amendment Act.
  3. ^ The Constitution was in 22 Parts originally. Part VII & IX (older) was repealed in 1956, whereas newly added Part IVA, IXA, IXB & XIVA by Amendments to the Constitution in different times (lastly added IXB by the 97th Amendment).
  4. ^ By 73rd & 74th Amendment, the lists of administrative subjects of Panchayat raj & Municipality included in the Constitution as Schedule 11 & 12 respectively in the year 1993.
  5. ^ Scheduled Areas are autonomous areas within a state, administered federally and usually mainly populated by a Scheduled Tribe.
  6. ^ Scheduled Tribes are groups of indigenous people, identified in the Constitution, who are struggling socioeconomically
  7. ^ Originally Articles mentioned here were immune from judicial review on the ground that they violated fundamental rights, but in a landmark judgement in 2007, the Supreme Court of India held in I.R. Coelho v. State of Tamil Nadu and others that laws included in the 9th schedule can be subject to judicial review if they violated the fundamental rights guaranteed under Article 14, 15, 19, 21 or the basic structure of the Constitution[ambiguous] – I.R. Coelho (dead) by L.Rs. v. State of Tamil Nadu and others(2007) 2 S.C.C. 1
  8. ^ These lines by Granville Austin from his book The Indian Constitution: Cornerstone of a Nation at p. 50, have been authoritatively quoted many times
  1. ^ Art. 21 – "No person shall be deprived of his life or personal liberty except according to procedure established by law"

Citations

  1. ^ a b c "Doctrine of Basic Structure – Constitutional Law". www.legalserviceindia.com. from the original on 21 March 2016. Retrieved 26 January 2016.
  2. ^ Wangchuk, Rinchen Norbu (22 January 2019). "Two Civil Servants Who Built India's Democracy, But You've Heard of Them". Retrieved 22 January 2019.
  3. ^ Original edition with original artwork - The Constitution of India. New Delhi: Government of India. 26 November 1949. from the original on 22 March 2019. Retrieved 22 March 2019.
  4. ^ "Preface, The constitution of India" (PDF). Government of India. (PDF) from the original on 31 March 2015. Retrieved 5 February 2015.
  5. ^ a b c d e f g h i j k l m n o p q r s t u v w x y Krithika, R. (21 January 2016). "Celebrate the supreme law". The Hindu. ISSN 0971-751X. OCLC 13119119. from the original on 21 December 2016. Retrieved 24 July 2018.
  6. ^ a b Pylee, Moolamattom Varkey (1994). India's Constitution (5th rev. and enl. ed.). New Delhi: R. Chand & Company. p. 3. ISBN 978-8121904032. OCLC 35022507.
  7. ^ a b Nix, Elizabeth (9 August 2016). "Which country has the world's shortest written constitution?". History. A&E Networks. from the original on 24 July 2018. Retrieved 24 July 2018.
  8. ^ Limbach, Jutta (January 2001). "Constitutional Supremacy vs Parliamentary Supremacy". The Modern Law Review. Blackwell Publishing. 64 (1): 1–10. doi:10.1111/1468-2230.00306. Retrieved 14 June 2012.[permanent dead link]
  9. ^ "Introduction to Constitution of India". Ministry of Law and Justice of India. 29 July 2008. from the original on 22 October 2014. Retrieved 14 October 2008.
  10. ^ Swaminathan, Shivprasad (26 January 2013). "India's benign constitutional revolution". The Hindu: Opinion. from the original on 1 March 2013. Retrieved 18 February 2013.
  11. ^ Das, Hari (2002). Political System of India (Reprint ed.). New Delhi: Anmol Publications. p. 120. ISBN 978-8174884961.
  12. ^ "Aruna Roy & Ors. v. Union of India & Ors" (PDF). Supreme Court of India. 12 September 2002. p. 18/30. (PDF) from the original on 7 May 2016. Retrieved 11 November 2015.
  13. ^ (PDF). Ministry of Law & Justice. Archived from the original (PDF) on 9 October 2017. Retrieved 29 March 2012.
  14. ^ Malhotra, G. C. (September 2000). "The Parliament Estate" (PDF). The Journal of Parliamentary Information. XLVI (3): 406. Retrieved 17 October 2022.
  15. ^ a b c d e f g h i j k l m n o p Dhavan, Rajeev (26 November 2015). "Document for all ages: Why Constitution is our greatest achievement". Hindustan Times. OCLC 231696742. from the original on 24 July 2018. Retrieved 24 July 2018.
  16. ^ Elster, Jon; Gargarella, Roberto; Naresh, Vatsal; Rasch, Bjørn Erik (2018). Constituent Assemblies. Cambridge University Press. p. 64. ISBN 978-1-108-42752-4. Nevertheless, partition increased the dominance of the Congress Party in the constituent assembly, which in turn made it easier for its leadership to incorporate in the constitution elements of its vision of Indian unity. This vision was based on a decades-long period of Congress-led consultation concerning the future independent constitution. More importantly, it rested on a detailed draft constitution adopted in 1928 by the All Parties Conference that met in Lucknow. The draft, known as the "Nehru Report," was written by a seven-member committee, chaired by Motilal Nehru. ... The committee was appointed during the May 1928 meeting of the All Parties Conference, which included representatives of all the major political organizations in India, including the All-India Hindu Mahasabha, the All-India Muslim League, the All-India Liberal Federation, the States' Peoples Conference, The Central Khalifat Committee, the All-India Conference of Indian Christians, and others.
  17. ^ Menon, V.P. (15 September 1955). The story of the integration of the India states. Bangalore: Longman Greens and Co.
  18. ^ "Commencement". from the original on 20 February 2015. Retrieved 20 February 2015.
  19. ^ a b c d e f g h i j k l m n Yellosa, Jetling (26 November 2015). "Making of Indian Constitution". The Hans India. from the original on 24 July 2018. Retrieved 24 July 2018.
  20. ^ a b c d . The Parliament of India Archive. Archived from the original on 29 September 2007. Retrieved 22 February 2008.
  21. ^ Laxmikanth, M. Indian Polity. McGraw-Hill Education. ISBN 9789352604883. Retrieved 6 April 2019 – via Google Books.
  22. ^ "Constitution Day: A look at Dr BR Ambedkar's contribution towards Indian Constitution". India Today. Ist. from the original on 31 March 2019. Retrieved 6 April 2019.
  23. ^ Raja, D. (14 June 2016). "Denying Ambedkar his due". from the original on 31 March 2019. Retrieved 6 April 2019.
  24. ^ "Constituent Assembly of India Debates". 164.100.47.194. from the original on 7 January 2019. Retrieved 6 April 2019.
  25. ^ a b c d e f "Making of the Indian Constitution". Employment News. 25 January 2020. Retrieved 14 July 2021.
  26. ^ a b Patnaik, Biswaraj (26 January 2017). "BN Rau: The Forgotten Architect of Indian Constitution". The Pioneer. Bhubaneswar: Chandan Mitra. from the original on 24 July 2018. Retrieved 24 July 2018.
  27. ^ Shourie, Arun. . The Arun Shourie Site. Archived from the original on 20 February 2012. Retrieved 13 June 2013.
  28. ^ a b c d e "Celebrating Constitution Day". The Hindu. Internet Desk. 26 November 2015. ISSN 0971-751X. OCLC 13119119. from the original on 27 June 2019. Retrieved 26 July 2018.{{cite news}}: CS1 maint: others (link)
  29. ^ "CONSTITUENT ASSEMBLY OF INDIA DEBATES" (PDF).
  30. ^ "Dr B.R. Ambedkar concluding speech in constituent assembly on November 25, 1949" (PDF).
  31. ^ . Parliament of India. Archived from the original on 11 May 2011. Retrieved 12 May 2014.
  32. ^ a b . Parliament of India. National Informatics Centre. Archived from the original on 11 May 2011. Retrieved 14 April 2011. On 29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of B. R. Ambedkar to prepare a Draft Constitution for India
  33. ^ Sudheesh, Raghul (26 November 2011). . First Post. Archived from the original on 30 November 2015.
  34. ^ . DNA India. 26 November 2015. Archived from the original on 27 November 2015.
  35. ^ "November 26 to be observed as Constitution Day: Facts on the Constitution of India". India Today. 12 October 2015. from the original on 14 November 2015. Retrieved 20 November 2015.
  36. ^ "Original unamended constitution of India, January, 1950". from the original on 17 April 2014. Retrieved 17 April 2014.
  37. ^ "The Constitution (Amendment) Acts". India Code Information System. Ministry of Law, Government of India. from the original on 27 April 2008. Retrieved 9 December 2013.
  38. ^ a b c d e f g h i j k l m n o p q r s t u v w x "Constitution Day: Borrowed features in the Indian Constitution from other countries". India Today. Retrieved 12 July 2021.
  39. ^ Bahl, Raghav (27 November 2015). "How India Borrowed From the US Constitution to Draft its Own". The Quint. from the original on 24 July 2018. Retrieved 24 July 2018.
  40. ^ Sridhar, Madabhushi. (PDF). Dr.Marri Channa Reddy Human Resource Development Institute (Institute of Administration), Hyderabad. Archived from the original (PDF) on 16 June 2015. Retrieved 22 October 2015.
  41. ^ Bélanger, Claude. "Quebec History". faculty.marianopolis.edu. Retrieved 27 June 2020.
  42. ^ Lockette, Tim (18 November 2012). "Is the Alabama Constitution the longest constitution in the world?Truth Rating: 4 out of 5". The Anniston Star. Josephine Ayers. from the original on 17 May 2019. Retrieved 24 July 2018.
  43. ^ . Ministry of Law and Justice, Govt. of India. Archived from the original on 25 March 2016. Retrieved 4 July 2010.
  44. ^ Baruah, Aparijita (2007). Preamble of the Constitution of India: An Insight and Comparison with Other Constitutions. New Delhi: Deep & Deep. p. 177. ISBN 978-81-7629-996-1. Retrieved 12 November 2015.
  45. ^ Chishti, Seema; Anand, Utkarsh (30 January 2015). "Legal experts say debating Preamble of Constitution pointless, needless". The Indian Express. from the original on 27 October 2015. Retrieved 12 November 2015.
  46. ^ "Forty-Second Amendment to the Constitution". Ministry of Law and Justice of India. 28 August 1976. from the original on 28 March 2015. Retrieved 14 October 2008.
  47. ^ Part I
  48. ^ Part II
  49. ^ Part IV
  50. ^ Part V
  51. ^ Part VI
  52. ^ Part VII
  53. ^ Part VIII
  54. ^ Part IX
  55. ^ Part IXA
  56. ^ "Archived copy" (PDF). (PDF) from the original on 22 May 2012. Retrieved 17 November 2013.{{cite web}}: CS1 maint: archived copy as title (link)
  57. ^ "Constitution of India". www.constitutionofindia.net. Retrieved 4 November 2020.
  58. ^ "Constitution of India". www.constitutionofindia.net. Retrieved 4 November 2020.
  59. ^ a b Menon, N.R. Madhava (26 September 2004). "Parliament and the Judiciary". The Hindu. Archived from the original on 16 November 2016. Retrieved 21 November 2015.
  60. ^ M Laxmikanth (2013). "3". Indian Polity (4th ed.). McGraw Hill Education. p. 3.2. ISBN 978-1-25-906412-8.
  61. ^ Krishnakumar, R. "Article 356 should be abolished". Frontline. No. Vol. 15 :: No. 14 :: 4–17 July 1998. from the original on 30 March 2016. Retrieved 9 November 2015.
  62. ^ Rajendra Prasad, R.J. "Bommai verdict has checked misuse of Article 356". Frontline. No. Vol. 15 :: No. 14 :: 4–17 July 1998. Retrieved 9 November 2015.
  63. ^ Swami, Praveen. "Protecting secularism and federal fair play". Frontline. No. Vol. 14 :: No. 22 :: 1–14 Nov. 1997. from the original on 19 February 2014. Retrieved 9 November 2015.
  64. ^ "Pages 311 & 312 of original judgement: A. K. Roy, Etc vs Union Of India And Anr on 28 December, 1981". from the original on 26 August 2014. Retrieved 23 August 2014.
  65. ^ Krishnamurthi, Vivek (2009). (PDF). Yale Journal of International Law. 34 (1): 219. Archived from the original (PDF) on 4 March 2016.
  66. ^ Dhamija, Dr. Ashok (2007). Need to Amend a Constitution and Doctrine of Basic Features. Wadhwa and Company. p. 568. ISBN 9788180382536. Retrieved 17 June 2014.
  67. ^ Jacobsohn, Gary J. (2010). Constitutional Identity. Cambridge, Massachusetts: Harvard University Press. p. 52. ISBN 9780674047662.
  68. ^ a b Dalal, Milan (2008). "India's New Constitutionalism: Two Cases That Have Reshaped Indian Law". Boston College International Comparative Law Review. 31 (2): 258–260. from the original on 18 October 2015. Retrieved 5 March 2015.
  69. ^ Mehta, Pratap Bhanu (2002). Hasan, Zoya; Sridharan, E.; Sudarshan, R. (eds.). Article – The Inner Conflict of Constitutionalism: Judicial Review and the 'Basic Structure' (Book – India's Kiving Constitution: Ideas, Practices, Controversies) ((2006)Second Impression (2002)First ed.). Delhi: Permanent Black. p. 187. ISBN 81-7824-087-4. Retrieved 9 November 2015.
  70. ^ Bhattacharyya, Bishwajit. . the day after. No. 1–15 Nov 2015. Archived from the original on 5 May 2016. Retrieved 10 November 2015.
  71. ^ . National Commission to Review the Working of the Constitution. 26 September 2001. Archived from the original on 4 March 2016. Retrieved 5 November 2015.
  72. ^ Chakrabarty, Bidyut (2008). Indian Politics and Society Since Independence: Events, Processes and Ideology (First ed.). Oxon(UK), New York (USA): Routledge. p. 103. ISBN 978-0-415-40867-7. Retrieved 5 November 2015.
  73. ^ Sorabjee, Soli J. (1 November 2015). "A step in the Wrong Direction". The Week. from the original on 13 November 2015. Retrieved 12 November 2015.
  74. ^ Venkatesan, V. (10–23 March 2012). "Three doctrines". Frontline. Vol. 29, no. 5. ISSN 0970-1710. from the original on 13 June 2014. Retrieved 26 July 2018.
  75. ^ Jain, Mahabir Prashad (2010). Indian Constitutional Law (6th ed.). Gurgaon: LexisNexis Butterworths Wadhwa Nagpur. p. 921. ISBN 978-81-8038-621-3. OCLC 650215045.
  76. ^ Lectures By Professor Parmanad Singh, Jindal Global Law School.
  77. ^ Jacobsohn, Gary (2010). Constitutional Identity. Cambridge, Massachusetts: Harvard University Press. pp. 57. ISBN 978-0674047662. OCLC 939085793.
  78. ^ Chandrachud, Chintan (6 June 2015). "India's deceptive Constitution". The Hindu. ISSN 0971-751X. OCLC 13119119. from the original on 25 June 2018. Retrieved 26 July 2018.
  79. ^ . 3 June 2012. Archived from the original on 3 June 2012. Retrieved 17 October 2021.
  80. ^ a b "Part V, Article 75". from the original on 13 September 2006.
  81. ^ "Parliament of India, Lok Sabha". 164.100.47.194. Retrieved 17 October 2021.
  82. ^ "Part V, Article 53". from the original on 13 September 2006.
  83. ^ a b "Part V, Article 74". from the original on 13 September 2006.
  84. ^ a b "What is India's president actually for?". BBC News. 2 August 2017. Retrieved 17 October 2021.
  85. ^ "Parts of the Indian Constitution that were 'inspired by' others". Deccan Herald. 25 January 2021. Retrieved 11 January 2022.
  86. ^ Go, Julian (March 2002). "Modeling the State". Southeast Asian Studies. 39 (4): 558–583.
  87. ^ "Part V, Article 55". from the original on 13 September 2006.
  88. ^ "Part V, Article 111". from the original on 13 September 2006.
  89. ^ Das Gupta, Surajeet; Badhwar, Inderjit (15 May 1987). "Under the Constitution, does the President have the right to remove the Prime Minister?". India Today. Retrieved 18 October 2021.
  90. ^ "Part V, Article 123". from the original on 13 September 2006.
  91. ^ "Repeated promulgation of ordinances because a bill is held up in the Rajya Sabha is a violation of constitutional principles". Times of India Blog. 27 September 2016. Retrieved 18 October 2021.
  92. ^ a b Aney, Madhav S.; Dam, Shubhankar (1 October 2021). "Decree Power in Parliamentary Systems: Theory and Evidence from India". The Journal of Politics. 83 (4): 1432–1449. doi:10.1086/715060. ISSN 0022-3816. S2CID 235567253.
  93. ^ "The ordinance raj of the Bharatiya Janata Party". Hindustan Times. 11 September 2020. Retrieved 11 January 2022.
  94. ^ "Part I, Article 1". from the original on 13 September 2006.
  95. ^ a b c d "Rajya Sabha". rajyasabha.nic.in. Retrieved 19 October 2021.
  96. ^ "Part V, Article 80". from the original on 13 September 2006.
  97. ^ "Part V, Article 107". from the original on 13 September 2006.
  98. ^ a b "Part XX, Article 368". from the original on 13 September 2006.
  99. ^ a b c "Constitution of India". from the original on 22 June 2018.
  100. ^ "Part XI, Article 246". from the original on 13 September 2006.
  101. ^ "Congress mulls using Article 254(2) to bypass farm laws: All you need to know about the rarely-used provision-Politics News , Firstpost". Firstpost. 29 September 2020. Retrieved 19 October 2021.
  102. ^ "Part XI, Article 248". from the original on 13 September 2006.
  103. ^ "Part VI, Article 154". from the original on 13 September 2006.
  104. ^ "Part VI, Article 155". from the original on 13 September 2006.
  105. ^ "Part VI, Article 156". from the original on 13 September 2006.
  106. ^ Reddy, Jeevan (11 May 2001). "The Institution of Governor Under the Constitution" (PDF). (PDF) from the original on 23 November 2018.
  107. ^ Chatterji, Rakhahari (6 June 2020). "Recurring Controversy About Governor's Role in State Politics" (PDF). (PDF) from the original on 23 November 2018.
  108. ^ "Part VI, Article 163". from the original on 13 September 2006.
  109. ^ "Part VI". from the original on 13 September 2006.
  110. ^ "Part I, Article 2". from the original on 13 September 2006.
  111. ^ "Part I, Article 3". from the original on 13 September 2006.
  112. ^ (PDF) . Archived from the original (PDF) on 27 March 2014. Retrieved 11 January 2022. {{cite web}}: Missing or empty |title= (help)
  113. ^ "Introduction | The Administration of Union Territory of Ladakh | India". Retrieved 11 January 2022.
  114. ^ "About UT Administration | UT of Dadra and Nagar Haveli and Daman and Diu | India". Retrieved 11 January 2022.
  115. ^ Roy, Arundhati (15 August 2019). "Opinion | The Silence Is the Loudest Sound". The New York Times. ISSN 0362-4331. Retrieved 11 January 2022.
  116. ^ a b Dam, Sukumar (1964). "Judiciary in India". The Indian Journal of Political Science. 25 (3/4): 276–281. ISSN 0019-5510. JSTOR 41854040.
  117. ^ "Part VI, Article 214". from the original on 13 September 2006.
  118. ^ "Part VI, Article 235". from the original on 13 September 2006.
  119. ^ "Part V, Article 133-134". from the original on 13 September 2006.
  120. ^ "Part V, Article 73". from the original on 13 September 2006.
  121. ^ "Part XI, Article 253". from the original on 13 September 2006.
  122. ^ a b Chandra, Aparna (1 June 2017). "India and international law: formal dualism, functional monism". Indian Journal of International Law. 57 (1): 25–45. doi:10.1007/s40901-017-0069-0. ISSN 2199-7411. S2CID 148598173.
  123. ^ "Are the Indian Courts Still Following the Constitutional Principle of Dualism? Not Quite So". The RMLNLU Law Review Blog. 31 March 2020. Retrieved 18 October 2021.
  124. ^ "Gramophone Company of India Ltd. v Birendra Bahadur Pandey". from the original on 18 March 2009.
  125. ^ Raghavan, Vikram (2010). "The biographer of the Indian constitution". Seminar. from the original on 19 September 2015. Retrieved 13 November 2015.
  126. ^ Dharmadhikari, D. M. "Principle of Constitutional Interpretation: Some Reflections". (2004) 4 SCC (Jour) 1. from the original on 28 January 2016. Retrieved 6 November 2015.
  127. ^ McCulloch v. Maryland, 17 U.S. (4 Wheaton) 316, 407 (U.S. Supreme Court 1819).Text
  128. ^ McCulloch v. Maryland, 17 U.S. (4 Wheaton) 316, 415 (U.S. Supreme Court 1819).Text
  129. ^ Gaur, K. D. (2002). Article – Law and the Poor: Some Recent Developments in India (Book – Criminal Law and Criminology). New Delhi: Deep & Deep. p. 564. ISBN 81-7629-410-1. Retrieved 9 November 2015.
  130. ^ Narain, Vrinda. "Water as a Fundamental Right: A Perspective from India". Vermont Law Review. 34 (917): 920.
  131. ^ Khosla, Madhav (2011). "Making social rights conditional: Lessons from India". International Journal of Constitutional Law. 8 (4): 761. doi:10.1093/icon/mor005.
  132. ^ Khanna, Hans Raj (2008). Making of India's constitution (2nd ed.). Lucknow: Eastern Book Co (published 1 January 2008). ISBN 978-81-7012-108-4. OCLC 294942170.

General bibliography

  • Austin, Granville (1999). The Indian Constitution: Cornerstone of a Nation (2nd ed.). Oxford University Press. ISBN 978-01-9564-959-8.
  • —— (2003). Working a Democratic Constitution: A History of the Indian Experience (2nd ed.). Oxford University Press. ISBN 978-01-9565-610-7.
  • Baruah, Aparajita (2007). Preamble of the Constitution of India : An Insight & Comparison. Eastern Book Co. ISBN 978-81-7629-996-1.
  • Basu, Durga Das (1965). Commentary on the constitution of India : (being a comparative treatise on the universal principles of justice and constitutional government with special reference to the organic instrument of India). Vol. 1–2. S. C. Sarkar & Sons (Private) Ltd.
  • —— (1981). Shorter Constitution of India. Prentice-Hall of India. ISBN 978-0-87692-200-2.
  • —— (1984). Introduction to the Constitution of India (10th ed.). South Asia Books. ISBN 0-8364-1097-1.
  • —— (2002). Political System of India. Anmol Publications. ISBN 81-7488-690-7.
  • Dash, Shreeram Chandra (1968). The Constitution of India; a Comparative Study. Chaitanya Pub. House.
  • Dhamija, Dr. Ashok (2007). Need to Amend a Constitution and Doctrine of Basic Features. Wadhwa and Company. ISBN 9788180382536.
  • Ghosh, Pratap Kumar (1966). The Constitution of India: How it Has Been Framed. World Press.
  • Jayapalan, N. (1998). Constitutional History of India. Atlantic Publishers & Distributors. ISBN 81-7156-761-4.
  • Khanna, Hans Raj (1981). Making of India's Constitution. Eastern Book Co. ISBN 978-81-7012-108-4.
  • Khanna, Justice H. R. (2015) [2008]. Making of India's Constitution (reprint) (2nd ed.). Eastern Book Company. ISBN 978-81-7012-188-6.
  • Rahulrai, Durga Das (1984). Introduction to the Constitution of India (10th ed.). South Asia Books. ISBN 0-8364-1097-1.
  • Pylee, M.V. (1997). India's Constitution. S. Chand & Co. ISBN 81-219-0403-X.
  • —— (2004). Constitutional Government in India. S. Chand & Co. ISBN 81-219-2203-8.
  • Sen, Sarbani (2007). The Constitution of India: Popular Sovereignty and Democratic Transformations. Oxford University Press. ISBN 978-0-19-568649-4.
  • Sharma, Dinesh; Singh, Jaya; Maganathan, R.; et al. (2002). Indian Constitution at Work. Political Science, Class XI. NCERT.
  • . The Parliament of India Archive. Archived from the original on 29 September 2007. Retrieved 22 February 2008.

External links

  • The Constitution of India
  • Original as published in the Gazette of India
  • Original Unamended version of the Constitution of India
  • Ministry of Law and Justice of India – The Constitution of India Page
  • Constitutional predilections
  • . Commonwealth Legal Information Institute. Archived from the original on 22 October 2008. – online copy

constitution, india, iast, bhāratīya, saṃvidhāna, supreme, india, document, lays, down, framework, that, demarcates, fundamental, political, code, structure, procedures, powers, duties, government, institutions, sets, fundamental, rights, directive, principles. The Constitution of India IAST Bharatiya Saṃvidhana is the supreme law of India 3 4 The document lays down the framework that demarcates fundamental political code structure procedures powers and duties of government institutions and sets out fundamental rights directive principles and the duties of citizens It is the longest written national constitution in the world 5 6 7 Constitution of IndiaOriginal text of the preambleOverviewJurisdiction IndiaRatified26 November 1949 73 years ago 1949 11 26 Date effective26 January 1950 72 years ago 1950 01 26 SystemFederal Parliamentary Constitutional RepublicGovernment structureBranchesThree Executive Legislature and Judiciary ChambersTwo Rajya Sabha and Lok Sabha ExecutivePrime minister led cabinet responsible to the lower house of the parliamentJudiciarySupreme court high courts and district courtsFederalismFederal 1 Electoral collegeYes for presidential and vice presidential electionsEntrenchments2HistoryAmendments105Last amended10 August 2021 105th CitationConstitution of India PDF 9 September 2020 archived from the original PDF on 29 September 2020LocationParliament House New Delhi IndiaAuthor s B R Ambedkar Chairman of the Drafting Committee B N Rau Constitutional Advisor to the Constituent Assembly Surendra Nath Mukherjee Chief Draftsman of the Constituent Assembly 2 other members of Constituent AssemblySignatories284 members of the Constituent AssemblySupersedesGovernment of India Act 1935Indian Independence Act 1947It imparts constitutional supremacy not parliamentary supremacy since it was created by a constituent assembly rather than Parliament and was adopted by its people with a declaration in its preamble 8 Parliament cannot override the constitution B R Ambedkar and Constitution of India on a 2015 postage stamp of India It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950 9 The constitution replaced the Government of India Act 1935 as the country s fundamental governing document and the Dominion of India became the Republic of India To ensure constitutional autochthony its framers repealed prior acts of the British parliament in Article 395 10 India celebrates its constitution on 26 January as Republic Day 11 The constitution declares India a sovereign socialist secular 12 and democratic republic assures its citizens justice equality and liberty and endeavours to promote fraternity 13 The original 1950 constitution is preserved in a nitrogen filled case at the Parliament House in New Delhi 14 The words secular and socialist were added to the preamble by 42nd amendment act in 1976 during the Emergency 15 Contents 1 Background 1 1 Previous legislation 2 Constituent Assembly 2 1 Timeline of formation of the Constitution of India 2 2 Membership 2 3 Drafting 3 Influence of other constitutions 4 Structure 4 1 Schedules 4 2 Appendices 5 Governmental sources of power 5 1 The Legislature and amendments 5 1 1 Limitations 5 2 The judiciary 5 2 1 Judicial review 5 3 The Executive 5 3 1 Dismissal of the Prime Minister 5 3 2 Presidential Power to Legislate 6 Federalism 6 1 State Powers in the Constitution 6 1 1 Rajya Sabha 6 1 2 State List 6 1 3 Amendments 6 2 Limitations on State Powers 6 2 1 Union and Concurrent Lists 6 2 2 Appointment of Governors 6 2 3 Creation of States 6 3 Federalism and the Courts 7 International law 8 Flexibility 9 See also 10 Explanatory notes 11 Citations 12 General bibliography 13 External linksBackground Babasaheb Ambedkar chairman of the drafting committee presenting the final draft of the Indian constitution to Constituent Assembly president Rajendra Prasad on 25 November 1949 In 1928 the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India which was known as the Nehru Report 16 Most of the colonial India was under British rule from 1857 to 1947 From 1947 to 1950 the same legislation continued to be implemented as India was a dominion of Britain for these three years as each princely state was convinced by Sardar Patel and V P Menon to sign the articles of integration with India and the British government continued to be responsible for the external security of the country 17 Thus the constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became effective on 26 January 1950 India ceased to be a dominion of the British Crown and became a sovereign democratic and republic with the constitution Articles 5 6 7 8 9 60 324 366 367 379 380 388 391 392 393 and 394 of the constitution came into force on 26 November 1949 and the remaining articles became effective on 26 January 1950 which is celebrated every year in India as Republic Day 18 Previous legislation The constitution was drawn from a number of sources Mindful of India s needs and conditions its framers borrowed features of previous legislation such as the Government of India Act 1858 the Indian Councils Acts of 1861 1892 and 1909 the Government of India Acts 1919 and 1935 and the Indian Independence Act 1947 The latter which led to the creation of India and Pakistan divided the former Constituent Assembly in two The Amendment act of 1935 is also a very important step for making the constitution for two new born countries Each new assembly had sovereign power to draft and enact a new constitution for the separate states 19 Constituent AssemblyMain article Constituent Assembly of India 1950 Constituent Assembly meeting The constitution was drafted by the Constituent Assembly which was elected by elected members of the provincial assemblies 20 The 389 member assembly reduced to 299 after the partition of India took almost three years to draft the constitution holding eleven sessions over a 165 day period 5 19 Having studied the constitutions of about 60 countries Ambedkar was considered a wise constitutional expert Ambedkar is recognised as the Father of the Constitution of India 21 22 In the constitution assembly a member of the drafting committee T T Krishnamachari said Mr President Sir I am one of those in the House who have listened to Dr Ambedkar very carefully I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution At the same time I do realise that that amount of attention that was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee The House is perhaps aware that of the seven members nominated by you one had resigned from the House and was replaced One died and was not replaced One was away in America and his place was not filled up and another person was engaged in State affairs and there was a void to that extent One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend So it happened ultimately that the burden of drafting this constitution fell on Dr Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable 23 24 Timeline of formation of the Constitution of India This section relies largely or entirely upon a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources November 2021 Learn how and when to remove this template message 6 December 1946 Formation of the Constitution Assembly in accordance with French practice 9 December 1946 The first meeting was held in the constitution hall now the Central Hall of Parliament House 25 The 1st person to address was J B Kripalani Sachchidananda Sinha became temporary president Demanding a separate state the Muslim League boycotted the meeting 11 December 1946 The Assembly appointed Rajendra Prasad as its president 25 H C Mukherjee as its vice chairman and B N Rau as constitutional legal adviser There were initially 389 members in total which declined to 299 after partition Out of the 389 members 292 were from government provinces four from chief commissioner provinces and 93 from princely states 13 December 1946 An Objective Resolution was presented by Jawaharlal Nehru 25 laying down the underlying principles of the constitution This later became the Preamble of the Constitution 22 January 1947 Objective resolution unanimously adopted 25 22 July 1947 National flag adopted 15 August 1947 Achieved independence India split into the Dominion of India and the Dominion of Pakistan 29 August 1947 Drafting Committee appointed with B R Ambedkar as its Chairman 25 The other six members of committee were Munshi Muhammed Sadulla Alladi Krishnaswamy Iyer N Gopalaswami Ayyangar Khaitan and Mitter 16 July 1948 Along with Harendra Coomar Mookerjee V T Krishnamachari was also elected as second vice president of Constituent Assembly 26 November 1949 The Constitution of India was passed and adopted by the assembly 25 24 January 1950 Last meeting of Constituent Assembly The Constitution was signed and accepted with 395 Articles 8 Schedules and 22 Parts 26 January 1950 The Constitution came into force The process took 2 years 11 months and 18 days at a total expenditure of 6 4 million to finish G V Mavlankar was the first Speaker of the Lok Sabha the lower house of Parliament after India turned into a republic Membership B R Ambedkar Sanjay Phakey Jawaharlal Nehru C Rajagopalachari Rajendra Prasad Vallabhbhai Patel Kanaiyalal Maneklal Munshi Ganesh Vasudev Mavalankar Sandipkumar Patel Abul Kalam Azad Shyama Prasad Mukherjee Nalini Ranjan Ghosh and Balwantrai Mehta were key figures in the assembly 5 19 which had over 30 representatives of the scheduled classes Frank Anthony represented the Anglo Indian community 5 and the Parsis were represented by H P Modi 5 Harendra Coomar Mookerjee a Christian assembly vice president chaired the minorities committee and represented non Anglo Indian Christians 5 Ari Bahadur Gurung represented the Gorkha community 5 Judges such as Alladi Krishnaswamy Iyer Benegal Narsing Rau K M Munshi and Ganesh Mavlankar were members of the assembly 5 Female members included Sarojini Naidu Hansa Mehta Durgabai Deshmukh Amrit Kaur and Vijaya Lakshmi Pandit 5 The first two day president of the assembly was Sachchidananda Sinha Rajendra Prasad was later elected president 19 20 It met for the first time on 9 December 1946 5 20 15 Drafting Sir Benegal Narsing Rau a civil servant who became the first Indian judge in the International Court of Justice and was president of the United Nations Security Council was appointed as the assembly s constitutional adviser in 1946 26 Responsible for the constitution s general structure Rau prepared its initial draft in February 1948 26 27 28 The draft of B N Rau consisted of 243 articles and 13 schedules which came to 395 articles and 8 schedules after discussions debates and amendments 29 At 14 August 1947 meeting of the assembly committees were proposed 20 Rau s draft was considered debated and amended by the eight person drafting committee which was appointed on 29 August 1947 with B R Ambedkar as chair 5 15 A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947 15 Dr B R Ambedkar in his concluding speech in constituent assembly on 25 November 1949 stated that 30 The credit that is given to me does not really belong to me It belongs partly to Sir B N Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee While deliberating the revised draft constitution the assembly moved discussed and disposed off 2 473 amendments out of a total of 7 635 19 31 Before adopting the constitution the assembly held eleven sessions in 165 days 5 19 On 26 November 1949 it adopted the constitution 5 19 15 28 32 which was signed by 284 members 5 19 15 28 32 The day is celebrated as National Law Day 5 33 or Constitution Day 5 34 The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar 35 Jawaharlal Nehru signing the constitution The assembly s final session convened on 24 January 1950 Each member signed two copies of the constitution one in Hindi and the other in English 5 19 28 The original constitution is hand written with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose 15 28 Its calligrapher was Prem Behari Narain Raizada 15 The constitution was published in Dehradun and photolithographed by the Survey of India Production of the original constitution took nearly five years Two days later on 26 January 1950 it became the law of India 15 36 The estimated cost of the Constituent Assembly was 6 3 crore 19 The constitution has had more than 100 amendments since it was enacted 37 Influence of other constitutionsGovernment Influence United Kingdom 5 38 Parliamentary government Nominal head of the state 38 Post of Prime Minister More powerful lower house 38 Concept of single citizenship Legislative procedure 38 Bicameral legislature 38 Rule of law Cabinet system 38 The legislative speaker and their role Prerogative writ 38 Parliamentary privilege 38 United States 39 Bill of Rights Fundamental rights 5 15 Written constitution 38 Preamble to the Constitution Federal structure of government 5 Impeachment of the President 38 Post of the Vice President and his functions 38 The institution of the Supreme Court 38 Removal of Supreme Court and High courts judges 38 Electoral College Independent judiciary and separation of powers Judicial review President as commander in chief of the armed forces Equal protection under law Ireland Directive principles of state policy 15 Nomination of members to the Rajya Sabha by the President 38 Method of election of the President 38 Australia Freedom of trade between states 19 National legislative power to implement treaties even on matters outside normal federal jurisdiction Concurrent List 40 Provision of Joint Session of the Parliament 38 Preamble terminology France Notions of liberte egalite fraternite liberty equality fraternity in the preamble 5 15 The ideals of republic in the preamble 38 Canada Quasi federal government a federal system with a strong central government 19 Distribution of powers between the central and state governments 5 19 Residual powers retained by the central government 41 Appointment of Governor of states by Centre 38 Advisory jurisdiction of the Supreme Court 38 Soviet Union 5 Fundamental Duties under article 51 A Mandated planning commission to oversee economic development 38 Ideals of justice social economic and political in the preamble 38 Weimar Republic 15 Suspension of fundamental rights during emergency 38 South Africa Amendment procedure of the constitution Election of members of Rajya Sabha 38 Japan Procedure established by law Laws on which the Supreme Court functions 38 StructureThe Indian constitution is the world s longest for a sovereign nation 5 6 7 At its enactment it had 395 articles in 22 parts and 8 schedules a 19 At about 145 000 words it is the second longest active constitution after the Constitution of Alabama in the world 42 The constitution has a preamble and 470 articles b which are grouped into 25 parts c 15 With 12 schedules d and five appendices 15 43 it has been amended 105 times the latest amendment became effective on 15 August 2021 The constitution s articles are grouped into the following parts Preamble 44 with the words socialist secular and integrity added in 1976 by the 42nd amendment 45 46 Part I 47 The Union and its Territory Articles 1 to 4 Part II 48 Citizenship Articles 5 to 11 Part III Fundamental Rights Articles 12 to 35 Part IV 49 Directive Principles of State Policy Articles 36 to 51 Part IVA Fundamental Duties Article 51A Part V 50 The Union Articles 52 to 151 Part VI 51 The States Articles 152 to 237 Part VII 52 States in the B part of the first schedule repealed Article 238 Part VIII 53 Union Territories Articles 239 to 242 Part IX 54 Panchayats Articles 243 to 243 O Part IXA 55 Municipalities Articles 243 P to 243 ZG Part IXB Co operative societies 56 Articles 243 ZH to 243 ZT Part X Scheduled and tribal areas 57 Articles 244 to 244A Part XI Relations between the Union and the States 58 Articles 245 to 263 Part XII Finance property contracts and suits Articles 264 to 300A Part XIII Trade and commerce within India Articles 301 to 307 Part XIV Services under the union and states Articles 308 to 323 Part XIVA Tribunals Articles 323A to 323B Part XV Elections Articles 324 to 329A Part XVI Special provisions relating to certain classes Articles 330 to 342 Part XVII Languages Articles 343 to 351 Part XVIII Emergency provisions Articles 352 to 360 Part XIX Miscellaneous Articles 361 to 367 Part XX Amendment of the Constitution Articles 368 Part XXI Temporary transitional and special provisions Articles 369 to 392 Part XXII Short title date of commencement authoritative text in Hindi and repeals Articles 393 to 395Schedules Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy Schedule Article s DescriptionFirst 1 and 4 Lists India s states and territories changes in their borders and the laws used to make that change Second 59 3 65 3 75 6 97 125 148 3 158 3 164 5 186 and 221 Lists the salaries of public officials judges and the comptroller and auditor general Third 75 4 99 124 6 148 2 164 3 188 and 219 Forms of oaths Lists the oaths of office for elected officials and judgesFourth 4 1 and 80 2 Details the allocation of seats in the Rajya Sabha upper house of Parliament by state or union territory Fifth 244 1 Provides for the administration and control of Scheduled Areas e and Scheduled Tribes f areas and tribes requiring special protection Sixth 244 2 and 275 1 Provisions made for the administration of tribal areas in Assam Meghalaya Tripura and Mizoram Seventh 246 Central government state and concurrent lists of responsibilitiesEighth 344 1 and 351 Official languagesNinth 31 B Validation of certain acts and regulations g Tenth 102 2 and 191 2 Anti defection provisions for members of Parliament and state legislatures Eleventh 243 G Panchayat Raj rural local government Twelfth 243 W Municipalities urban local government Appendices Appendix I The Constitution Application to Jammu and Kashmir Order 1954 Appendix II Re statement referring to the constitution s present text of exceptions and modifications applicable to the state of Jammu and Kashmir Appendix III Extracts from the Constitution Forty fourth Amendment Act 1978 Appendix IV The Constitution Eighty sixth Amendment Act 2002 Appendix V The Constitution Eighty eighth Amendment Act 2003Governmental sources of powerThe executive legislative and judicial branches of government receive their power from the constitution and are bound by it 59 With the aid of its constitution India is governed by a parliamentary system of government with the executive directly accountable to the legislature Under Articles 52 and 53 the president of India is head of the executive branch Under Article 60 the duty of preserving protecting and defending the constitution and the law Under Article 74 the prime minister is the head of the Council of Ministers which aids and advises the president in the performance of their constitutional duties Under Article 75 3 the Council of Ministers is answerable to the lower house The constitution is considered federal in nature and unitary in spirit It has features of a federation including a codified supreme constitution a three tier governmental structure central state and local division of powers bicameralism and an independent judiciary It also possesses unitary features such as a single constitution single citizenship an integrated judiciary a flexible constitution a strong central government appointment of state governors by the central government All India Services the IAS IFS and IPS and emergency provisions This unique combination makes it quasi federal in form 60 Each state and union territory has its own government Analogous to the president and prime minister each has a governor or in union territories a lieutenant governor and a chief minister Article 356 permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution This power known as president s rule was abused as state governments came to be dismissed on flimsy grounds for political reasons After the S R Bommai v Union of India decision 61 62 such a course of action is more difficult since the courts have asserted their right of review 63 The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas 15 Article 370 gave special status to the state of Jammu and Kashmir The Legislature and amendments Main articles Amendment of the Constitution of India and List of amendments of the Constitution of India Article 368 dictates the procedure for constitutional amendments Amendments are additions variations or repeal of any part of the constitution by Parliament 64 An amendment bill must be passed by each house of Parliament by a two thirds majority of its total membership when at least two thirds are present and vote Certain amendments pertaining to the constitution s federal nature must also be ratified by a majority of state legislatures Unlike ordinary bills in accordance with Article 245 except for money bills there is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment During a parliamentary recess the president cannot promulgate ordinances under his legislative powers under Article 123 Chapter III Despite the supermajority requirement for amendments to pass the Indian constitution is the world s most frequently amended national governing document 65 The constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies In 2000 the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update The commission submitted its report on 31 March 2002 However the recommendations of this report have not been accepted by the consecutive governments The government of India establishes term based law commissions to recommend legal reforms facilitating the rule of law Limitations Main article Basic structure doctrine In Kesavananda Bharati v State of Kerala the Supreme Court ruled that an amendment cannot destroy what it seeks to modify it cannot tinker with the constitution s basic structure or framework which are immutable Such an amendment will be declared invalid although no part of the constitution is protected from amendment the basic structure doctrine does not protect any one provision of the constitution According to the doctrine the constitution s basic features when read as a whole cannot be abridged or abolished These basic features have not been fully defined 59 and whether a particular provision of the constitution is a basic feature is decided by the courts 66 The Kesavananda Bharati v State of Kerala decision laid down the constitution s basic structure 1 Supremacy of the constitution Republican democratic form of government Its secular nature Separation of powers Its federal character 1 This implies that Parliament can only amend the constitution to the limit of its basic structure The Supreme Court or a high court may declare the amendment null and void if this is violated after a judicial review This is typical of parliamentary governments where the judiciary checks parliamentary power In its 1967 Golak Nath v State of Punjab decision the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by the basic structure doctrine 67 The extent of land ownership and practice of a profession in this case were considered fundamental rights 68 The ruling was overturned with the ratification of the 24th Amendment in 1971 68 The judiciary The judiciary is the final arbiter of the constitution 69 Its duty mandated by the constitution is to act as a watchdog preventing any legislative or executive act from overstepping constitutional bounds 70 The judiciary protects the fundamental rights of the people enshrined in the constitution from infringement by any state body and balances the conflicting exercise of power between the central government and a state or states The courts are expected to remain unaffected by pressure exerted by other branches of the state citizens or interest groups An independent judiciary has been held as a basic feature of the constitution 71 72 which cannot be changed by the legislature or the executive 73 Article 50 of the Constitution provides that the state must take measures to separate the judiciary from the executive in the public services Judicial review Judicial review was adopted by the constitution of India from judicial review in the United States 74 In the Indian constitution judicial review is dealt with in Article 13 The constitution is the supreme power of the nation and governs all laws According to Article 13 All pre constitutional laws if they conflict wholly or in part with the constitution shall have all conflicting provisions deemed ineffective until an amendment to the constitution ends the conflict the law will again come into force if it is compatible with the constitution as amended the Doctrine of Eclipse 75 Laws made after the adoption of the constitution must be compatible with it or they will be deemed void ab initio In such situations the Supreme Court or a high court determines if a law is in conformity with the constitution If such an interpretation is not possible because of inconsistency and where separation is possible the provision which is inconsistent with the constitution is considered void In addition to Article 13 Articles 32 226 and 227 provide the constitutional basis for judicial review 76 Due to the adoption of the Thirty eighth Amendment the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 the right to constitutional remedies 77 The Forty second Amendment widened Article 31C and added Articles 368 4 and 368 5 stating that any law passed by Parliament could not be challenged in court The Supreme Court ruled in Minerva Mills v Union of India that judicial review is a basic characteristic of the constitution overturning Articles 368 4 368 5 and 31C 78 The Executive Main articles President of India and Prime Minister of India Chapter 1 of the Constitution of India creates a parliamentary system with a Prime Minister who in practice exercises most executive power The prime minister must have the support of a majority of the members of the Lok Sabha or lower House of Parliament If the Prime Minister does not have the support of a majority the Lok Sabha can pass a motion of no confidence removing the Prime Minister from office Thus the Prime Minister is the member of parliament who leads the majority party or a coalition comprising a majority 79 The Prime Minister governs with the aid of a Council of Ministers which the Prime Minister appoints and whose members head ministries Importantly Article 75 establishes that the Council of Ministers shall be collectively responsible to the House of the People or Lok Sabha 80 The Lok Sabha interprets this article to mean that the entire Council of Ministers can be subjected to a no confidence motion 81 If a no confidence motion succeeds the entire Council of Ministers must resign Despite the Prime Minister exercising executive power in practice the constitution bestows all the national government s executive power in the office of the President 82 This de jure power is not exercised in reality however Article 74 requires the President follow the aid and advice of the Council headed by the Prime Minister 83 In practice this means that President s role is mostly ceremonial with the Prime Minister exercising executive power because the President is obligated to act on the Prime Minister s wishes 84 The President does retain the power to ask the Council to reconsider its advice however an action the President may take publicly The Council is not required to make any changes before resubmitting the advice to the President in which case the President is constitutionally required to adhere to it overriding the President s discretion 83 Previous Presidents have used this occasion to make public statements about their reasoning for sending a decision back to the Council in an attempt to sway public opinion 84 This system with an executive who only possesses nominal power and an official advisor who possess actual power is based on the British system and is a result of colonial influences on India before and during the writing of its constitution 85 86 The President is chosen by an electoral college composed of the members of both the national and state legislatures Article 55 outlines the specifics of the electoral college Half of the votes in the electoral college are assigned to state representatives in proportion to the population of each state and the other half are assigned to the national representatives The voting is conducted using a secret single transferable vote 87 While the Constitution gives the legislative powers to the two Houses of Parliament Article 111 requires the President s signature for a bill to become law Just as with the advice of the Council the President can refuse to sign and send it back to the Parliament but the Parliament can in turn send it back to the President who must then sign it 88 Dismissal of the Prime Minister Despite the President s mandate to obey the advice of the Prime Minister and the Council Article 75 declares that both shall hold office during the pleasure of the President 80 This means the President has the constitutional power to dismiss the Prime Minister or Council at anytime If the Prime Minister still retained a majority vote in the Lok Sabha however this could trigger a constitutional crisis because the same article of the Constitution states that the Council of Ministers is responsible to the Lok Sabha and must command a majority in it In practice the issue has never arisen though President Zail Singh threatened to remove Prime Minister Rajiv Gandhi from office in 1987 89 Presidential Power to Legislate When either or both Houses of Parliament are not in session the Prime Minister acting via the President can unilaterally exercise the legislative power creating ordinances that have the force of law These ordinances expire six weeks after Parliament reconvenes or sooner if both Houses disapprove 90 The Constitution declares that ordinances should only be issued when circumstances arise that require immediate action Because this term is not defined governments have begun abusing the ordinance system to enact laws that could not pass both Houses of Parliament according to some commentators 91 This appears to be more common with divided government when the Prime Minister s party controls the lower house but not the upper house ordinances can be used to avoid needing the approval of the opposition in the upper house In recent years around ten ordinances have been passed annually though at the peak of their use over 30 were passed in a single year 92 Ordinances can vary widely on their topic recent examples of ordinances include items as varied as modifications to land owner rights emergency responses to the COVID 19 pandemic and changes to banking regulations 92 93 FederalismMain article Federalism in India The first article of the Constitution declares that India is a Union of States 94 Under the Constitution the States retain key powers for themselves and have a strong influence over the national government via the Rajya Sabha However the Constitution does provide key limits on their powers and gives final say in many cases to the national government State Powers in the Constitution Rajya Sabha Main article Rajya Sabha At the Union level the States are represented in the Rajya Sabha or Council of States The Fourth Schedule of the Constitution lays out the number of seats that each State controls in the Council of States and they are based roughly on each State s population 95 The members of each state legislature elect and appoint these representatives in the Council of States 96 On most topics the Rajya Sabha is coequal with the lower house or Lok Sabha and its consent is required for a bill to become a law 97 Additionally as one of the Houses of Parliament any amendment to the Constitution requires a two thirds majority in the Rajya Sabha to go into effect 98 These provisions allow the States significant impact on national politics through their representation in the federal chamber 95 State List The Constitution provides the States with a long list of powers exclusive to their jurisdiction 95 Generally only State Legislatures are capable of passing laws implementing these powers the Union government is prohibited from doing so These powers are contained in the second list of the Seventh Schedule of the Constitution known as the State List The areas on the State List are wide ranging and include topics like public health and order and a variety of taxes The State List grants the states control over the police healthcare agriculture elections and more 99 Powers can only be permanently removed from the State List via a constitutional amendment approved by a majority of the states The Rajya Sabha as the representative of the States can temporarily remove an item from the State List so the Union parliament can legislate on it This requires a two thirds vote and lasts for a renewable one year period 95 Amendments In addition to exerting influence over the amendment process via the Rajya Sabha the States are sometimes involved in the amendment process This special entrenched process is triggered when an amendment to the Constitution specifically concerns the States by modifying the legislature or the powers reserved to the states in the Seventh Schedule When this occurs an amendment must be ratified by a majority of state legislatures for the amendment to go into effect 98 Limitations on State Powers Union and Concurrent Lists While the State List mentioned above provides powers for the States there are two other lists in the Seventh Schedule that generally weaken them These are the Union and Concurrent lists The Union List is the counterpart to the State List containing the areas of exclusive jurisdiction of the Union government where the states are prohibited from legislating 100 Items on the Union List include the national defense international relations immigration banking and interstate commerce 99 The final list is the Concurrent List which contains the topics on which both the Union and State level governments may legislate on These topics include courts and criminal law unions social security and education 99 In general when the Union and State laws on a Concurrent List item conflict the Union level laws prevail The only way for the State level law to override the national one is with the consent of the President acting on the advice of the Prime Minister 101 Additionally any powers not on any of the three lists are reserved for the Union government and not for the states 102 Appointment of Governors The Governor of each State is given the executive power of the respective State by the Constitution 103 These Governors are appointed directly by the President of the central government Because the Prime Minister acts via the President the Prime Minister is the one who chooses the Governors in practice 104 Once appointed a Governor serves for a five year term or can be replaced by the President at any time if asked to do so by the Prime Minister 105 Because the Union government can remove a Governor at any time it is possible that Governors may act in a way the Union Government wants to the detriment of their state so that they can maintain their office This has become a larger issue as the State Legislatures are often controlled by different parties than that of the Union Prime Minister unlike the early years of the constitution 106 For example Governors have used stalling tactics to delay giving their assent to legislation that the Union Government disapproves of 107 In general the influence of the Union on State politics via the Governor is limited however by the fact that the Governor must listen to the advice of the Chief Minister of the State who needs to command a majority in the State Legislature 108 There are key areas where the Governor does not need to heed the advice of the Chief Minister For example the Governor can send a bill to President for consideration instead of signing it into law 109 Creation of States Main article Proposed states and union territories of India Perhaps the most direct power over the States is the Union s ability to unilaterally create new states out of territories or existing states and to modify and diminish the boundaries of existing states 110 To do so Parliament must pass a simple law with no supermajority requirements The States involved do not have a say on the outcome but the State Legislature must be asked to comment 111 The most recent state to be created was Telangana in 2014 112 More recently Ladakh was created as a new Union Territory after being split off from Jammu and Kashmir in 2019 and Daman and Diu and Dadra and Nagar Haveli were combined into a single Union Territory in 2020 113 114 The former was particularly controversial Jammu and Kashmir was a full state and the legislation creating Ladakh stripped the area of its status as a state and downgraded it to a Union Territory allowing the Union Government to directly control it This required no input from Jammu and Kashmir 115 Federalism and the Courts Main article Judiciary of India While the states have separate legislative and executive branches they share the judiciary with the Union government This is different from other federal court systems such as the United States where state courts mainly apply state law and federal courts mainly apply federal law 116 Under the Indian constitution the High Courts of the States are directly constituted by the national constitution The constitution also allows states to set up lower courts under and controlled by the state s High Court 117 118 Cases heard at or appealed to the High Courts can be furter appealed to the Supreme Court of India in some cases 119 All cases whether dealing with federal or state laws move up the same judicial hierarchy creating a system sometimes termed integrated federalism 116 International lawThe Constitution includes treaty making as part of the executive power given to the President 120 Because the President must act in accordance with the advice of the Council of Ministers the Prime Minister is the chief party responsible for making international treaties in the Constitution Because the legislative power rests with Parliament the President s signature on an international agreement does not bring it into effect domestically or enable courts to enforce its provisions Article 253 of the Constitution bestows this power on Parliament enabling it to make laws necessary for implementing international agreements and treaties 121 These provisions indicate that the Constitution of India is dualist that is treaty law only takes effect when a domestic law passed using the normal processes incorporates it into domestic law 122 Recent Supreme Court decisions have begun to change this convention incorporating aspects of international law without enabling legislation from parliament 123 For example in Gramophone Company of India Ltd v Birendra Bahadur Pandey the Court held that the rules of international law are incorporated into national law and considered to be part of the national law unless they are in conflict with an Act of Parliament 124 In essence this implies that international law applies domestically unless parliament says it does not 122 This decision moves the Indian Constitution to a more hybrid regime but not to a fully monist one FlexibilityAccording to Granville Austin The Indian constitution is first and foremost a social document and is aided by its Parts III amp IV Fundamental Rights amp Directive Principles of State Policy respectively acting together as its chief instruments and its conscience in realising the goals set by it for all the people h 125 The constitution has deliberately been worded in generalities not in vague terms to ensure its flexibility 126 John Marshall the fourth chief justice of the United States said that a constitution s great outlines should be marked its important objects designated and the minor ingredients which compose those objects be deduced from the nature of the objects themselves 127 A document intended to endure for ages to come 128 it must be interpreted not only based on the intention and understanding of its framers but in the existing social and political context The right to life guaranteed under Article 21 A has been expanded to include a number of human rights including 5 the right to a speedy trial 129 the right to water 130 the right to earn a livelihood the right to health and the right to education 131 At the conclusion of his book Making of India s Constitution retired Supreme Court Justice Hans Raj Khanna wrote If the Indian constitution is our heritage bequeathed to us by our founding fathers no less are we the people of India the trustees and custodians of the values which pulsate within its provisions A constitution is not a parchment of paper it is a way of life and has to be lived up to Eternal vigilance is the price of liberty and in the final analysis its only keepers are the people 132 See also India portal Politics portalConstitution Day India Constitutional economics Constitutionalism History of democracy List of national constitutions Magna Carta Rule according to higher law Uniform Civil CodeExplanatory notes Although the last article of the 1974 Constitution of Yugoslavia was Article 406 the Yugoslav constitution contained about 56 000 words in its english tranlsation Although the last article of the constitution is Article 395 the total number in March 2013 was 465 New articles added through amendments have been inserted in the relevant location of the original constitution To not disturb the original numbering new articles are inserted alphanumerically Article 21A pertaining to the right to education was inserted by the 86th Amendment Act The Constitution was in 22 Parts originally Part VII amp IX older was repealed in 1956 whereas newly added Part IVA IXA IXB amp XIVA by Amendments to the Constitution in different times lastly added IXB by the 97th Amendment By 73rd amp 74th Amendment the lists of administrative subjects of Panchayat raj amp Municipality included in the Constitution as Schedule 11 amp 12 respectively in the year 1993 Scheduled Areas are autonomous areas within a state administered federally and usually mainly populated by a Scheduled Tribe Scheduled Tribes are groups of indigenous people identified in the Constitution who are struggling socioeconomically Originally Articles mentioned here were immune from judicial review on the ground that they violated fundamental rights but in a landmark judgement in 2007 the Supreme Court of India held in I R Coelho v State of Tamil Nadu and others that laws included in the 9th schedule can be subject to judicial review if they violated the fundamental rights guaranteed under Article 14 15 19 21 or the basic structure of the Constitution ambiguous I R Coelho dead by L Rs v State of Tamil Nadu and others 2007 2 S C C 1 These lines by Granville Austin from his book The Indian Constitution Cornerstone of a Nation at p 50 have been authoritatively quoted many times Art 21 No person shall be deprived of his life or personal liberty except according to procedure established by law Citations a b c Doctrine of Basic Structure Constitutional Law www legalserviceindia com Archived from the original on 21 March 2016 Retrieved 26 January 2016 Wangchuk Rinchen Norbu 22 January 2019 Two Civil Servants Who Built India s Democracy But You ve Heard of Them Retrieved 22 January 2019 Original edition with original artwork The Constitution of India New Delhi Government of India 26 November 1949 Archived from the original on 22 March 2019 Retrieved 22 March 2019 Preface The constitution of India PDF Government of India Archived PDF from the original on 31 March 2015 Retrieved 5 February 2015 a b c d e f g h i j k l m n o p q r s t u v w x y Krithika R 21 January 2016 Celebrate the supreme law The Hindu ISSN 0971 751X OCLC 13119119 Archived from the original on 21 December 2016 Retrieved 24 July 2018 a b Pylee Moolamattom Varkey 1994 India s Constitution 5th rev and enl ed New Delhi R Chand amp Company p 3 ISBN 978 8121904032 OCLC 35022507 a b Nix Elizabeth 9 August 2016 Which country has the world s shortest written constitution History A amp E Networks Archived from the original on 24 July 2018 Retrieved 24 July 2018 Limbach Jutta January 2001 Constitutional Supremacy vs Parliamentary Supremacy The Modern Law Review Blackwell Publishing 64 1 1 10 doi 10 1111 1468 2230 00306 Retrieved 14 June 2012 permanent dead link Introduction to Constitution of India Ministry of Law and Justice of India 29 July 2008 Archived from the original on 22 October 2014 Retrieved 14 October 2008 Swaminathan Shivprasad 26 January 2013 India s benign constitutional revolution The Hindu Opinion Archived from the original on 1 March 2013 Retrieved 18 February 2013 Das Hari 2002 Political System of India Reprint ed New Delhi Anmol Publications p 120 ISBN 978 8174884961 Aruna Roy amp Ors v Union of India amp Ors PDF Supreme Court of India 12 September 2002 p 18 30 Archived PDF from the original on 7 May 2016 Retrieved 11 November 2015 Preamble of the Constitution of India PDF Ministry of Law amp Justice Archived from the original PDF on 9 October 2017 Retrieved 29 March 2012 Malhotra G C September 2000 The Parliament Estate PDF The Journal of Parliamentary Information XLVI 3 406 Retrieved 17 October 2022 a b c d e f g h i j k l m n o p Dhavan Rajeev 26 November 2015 Document for all ages Why Constitution is our greatest achievement Hindustan Times OCLC 231696742 Archived from the original on 24 July 2018 Retrieved 24 July 2018 Elster Jon Gargarella Roberto Naresh Vatsal Rasch Bjorn Erik 2018 Constituent Assemblies Cambridge University Press p 64 ISBN 978 1 108 42752 4 Nevertheless partition increased the dominance of the Congress Party in the constituent assembly which in turn made it easier for its leadership to incorporate in the constitution elements of its vision of Indian unity This vision was based on a decades long period of Congress led consultation concerning the future independent constitution More importantly it rested on a detailed draft constitution adopted in 1928 by the All Parties Conference that met in Lucknow The draft known as the Nehru Report was written by a seven member committee chaired by Motilal Nehru The committee was appointed during the May 1928 meeting of the All Parties Conference which included representatives of all the major political organizations in India including the All India Hindu Mahasabha the All India Muslim League the All India Liberal Federation the States Peoples Conference The Central Khalifat Committee the All India Conference of Indian Christians and others Menon V P 15 September 1955 The story of the integration of the India states Bangalore Longman Greens and Co Commencement Archived from the original on 20 February 2015 Retrieved 20 February 2015 a b c d e f g h i j k l m n Yellosa Jetling 26 November 2015 Making of Indian Constitution The Hans India Archived from the original on 24 July 2018 Retrieved 24 July 2018 a b c d The Constituent Assembly Debates Proceedings 9 December 1946 to 24 January 1950 The Parliament of India Archive Archived from the original on 29 September 2007 Retrieved 22 February 2008 Laxmikanth M Indian Polity McGraw Hill Education ISBN 9789352604883 Retrieved 6 April 2019 via Google Books Constitution Day A look at Dr BR Ambedkar s contribution towards Indian Constitution India Today Ist Archived from the original on 31 March 2019 Retrieved 6 April 2019 Raja D 14 June 2016 Denying Ambedkar his due Archived from the original on 31 March 2019 Retrieved 6 April 2019 Constituent Assembly of India Debates 164 100 47 194 Archived from the original on 7 January 2019 Retrieved 6 April 2019 a b c d e f Making of the Indian Constitution Employment News 25 January 2020 Retrieved 14 July 2021 a b Patnaik Biswaraj 26 January 2017 BN Rau The Forgotten Architect of Indian Constitution The Pioneer Bhubaneswar Chandan Mitra Archived from the original on 24 July 2018 Retrieved 24 July 2018 Shourie Arun The Manu of Our Times The Arun Shourie Site Archived from the original on 20 February 2012 Retrieved 13 June 2013 a b c d e Celebrating Constitution Day The Hindu Internet Desk 26 November 2015 ISSN 0971 751X OCLC 13119119 Archived from the original on 27 June 2019 Retrieved 26 July 2018 a href Template Cite news html title Template Cite news cite news a CS1 maint others link CONSTITUENT ASSEMBLY OF INDIA DEBATES PDF Dr B R Ambedkar concluding speech in constituent assembly on November 25 1949 PDF First Day in the Constituent Assembly Parliament of India Archived from the original on 11 May 2011 Retrieved 12 May 2014 a b Some Facts of Constituent Assembly Parliament of India National Informatics Centre Archived from the original on 11 May 2011 Retrieved 14 April 2011 On 29 August 1947 the Constituent Assembly set up a Drafting Committee under the Chairmanship of B R Ambedkar to prepare a Draft Constitution for India Sudheesh Raghul 26 November 2011 On National Law Day saluting two remarkable judges First Post Archived from the original on 30 November 2015 PM Modi greets people on Constitution Day DNA India 26 November 2015 Archived from the original on 27 November 2015 November 26 to be observed as Constitution Day Facts on the Constitution of India India Today 12 October 2015 Archived from the original on 14 November 2015 Retrieved 20 November 2015 Original unamended constitution of India January 1950 Archived from the original on 17 April 2014 Retrieved 17 April 2014 The Constitution Amendment Acts India Code Information System Ministry of Law Government of India Archived from the original on 27 April 2008 Retrieved 9 December 2013 a b c d e f g h i j k l m n o p q r s t u v w x Constitution Day Borrowed features in the Indian Constitution from other countries India Today Retrieved 12 July 2021 Bahl Raghav 27 November 2015 How India Borrowed From the US Constitution to Draft its Own The Quint Archived from the original on 24 July 2018 Retrieved 24 July 2018 Sridhar Madabhushi Evolution and Philosophy behind the Indian Constitution page 22 PDF Dr Marri Channa Reddy Human Resource Development Institute Institute of Administration Hyderabad Archived from the original PDF on 16 June 2015 Retrieved 22 October 2015 Belanger Claude Quebec History faculty marianopolis edu Retrieved 27 June 2020 Lockette Tim 18 November 2012 Is the Alabama Constitution the longest constitution in the world Truth Rating 4 out of 5 The Anniston Star Josephine Ayers Archived from the original on 17 May 2019 Retrieved 24 July 2018 Constitution of india Ministry of Law and Justice Govt of India Archived from the original on 25 March 2016 Retrieved 4 July 2010 Baruah Aparijita 2007 Preamble of the Constitution of India An Insight and Comparison with Other Constitutions New Delhi Deep amp Deep p 177 ISBN 978 81 7629 996 1 Retrieved 12 November 2015 Chishti Seema Anand Utkarsh 30 January 2015 Legal experts say debating Preamble of Constitution pointless needless The Indian Express Archived from the original on 27 October 2015 Retrieved 12 November 2015 Forty Second Amendment to the Constitution Ministry of Law and Justice of India 28 August 1976 Archived from the original on 28 March 2015 Retrieved 14 October 2008 Part I Part II Part IV Part V Part VI Part VII Part VIII Part IX Part IXA Archived copy PDF Archived PDF from the original on 22 May 2012 Retrieved 17 November 2013 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link Constitution of India www constitutionofindia net Retrieved 4 November 2020 Constitution of India www constitutionofindia net Retrieved 4 November 2020 a b Menon N R Madhava 26 September 2004 Parliament and the Judiciary The Hindu Archived from the original on 16 November 2016 Retrieved 21 November 2015 M Laxmikanth 2013 3 Indian Polity 4th ed McGraw Hill Education p 3 2 ISBN 978 1 25 906412 8 Krishnakumar R Article 356 should be abolished Frontline No Vol 15 No 14 4 17 July 1998 Archived from the original on 30 March 2016 Retrieved 9 November 2015 Rajendra Prasad R J Bommai verdict has checked misuse of Article 356 Frontline No Vol 15 No 14 4 17 July 1998 Retrieved 9 November 2015 Swami Praveen Protecting secularism and federal fair play Frontline No Vol 14 No 22 1 14 Nov 1997 Archived from the original on 19 February 2014 Retrieved 9 November 2015 Pages 311 amp 312 of original judgement A K Roy Etc vs Union Of India And Anr on 28 December 1981 Archived from the original on 26 August 2014 Retrieved 23 August 2014 Krishnamurthi Vivek 2009 Colonial Cousins Explaining India and Canada s Unwritten Constitutional Principles PDF Yale Journal of International Law 34 1 219 Archived from the original PDF on 4 March 2016 Dhamija Dr Ashok 2007 Need to Amend a Constitution and Doctrine of Basic Features Wadhwa and Company p 568 ISBN 9788180382536 Retrieved 17 June 2014 Jacobsohn Gary J 2010 Constitutional Identity Cambridge Massachusetts Harvard University Press p 52 ISBN 9780674047662 a b Dalal Milan 2008 India s New Constitutionalism Two Cases That Have Reshaped Indian Law Boston College International Comparative Law Review 31 2 258 260 Archived from the original on 18 October 2015 Retrieved 5 March 2015 Mehta Pratap Bhanu 2002 Hasan Zoya Sridharan E Sudarshan R eds Article The Inner Conflict of Constitutionalism Judicial Review and the Basic Structure Book India s Kiving Constitution Ideas Practices Controversies 2006 Second Impression 2002 First ed Delhi Permanent Black p 187 ISBN 81 7824 087 4 Retrieved 9 November 2015 Bhattacharyya Bishwajit Supreme Court Shows Govt Its LoC the day after No 1 15 Nov 2015 Archived from the original on 5 May 2016 Retrieved 10 November 2015 A Consultation Paper on the Financial Autonomy of the Indian Judiciary National Commission to Review the Working of the Constitution 26 September 2001 Archived from the original on 4 March 2016 Retrieved 5 November 2015 Chakrabarty Bidyut 2008 Indian Politics and Society Since Independence Events Processes and Ideology First ed Oxon UK New York USA Routledge p 103 ISBN 978 0 415 40867 7 Retrieved 5 November 2015 Sorabjee Soli J 1 November 2015 A step in the Wrong Direction The Week Archived from the original on 13 November 2015 Retrieved 12 November 2015 Venkatesan V 10 23 March 2012 Three doctrines Frontline Vol 29 no 5 ISSN 0970 1710 Archived from the original on 13 June 2014 Retrieved 26 July 2018 Jain Mahabir Prashad 2010 Indian Constitutional Law 6th ed Gurgaon LexisNexis Butterworths Wadhwa Nagpur p 921 ISBN 978 81 8038 621 3 OCLC 650215045 Lectures By Professor Parmanad Singh Jindal Global Law School Jacobsohn Gary 2010 Constitutional Identity Cambridge Massachusetts Harvard University Press pp 57 ISBN 978 0674047662 OCLC 939085793 Chandrachud Chintan 6 June 2015 India s deceptive Constitution The Hindu ISSN 0971 751X OCLC 13119119 Archived from the original on 25 June 2018 Retrieved 26 July 2018 The Hindu Front Page President appoints Manmohan Prime Minister 3 June 2012 Archived from the original on 3 June 2012 Retrieved 17 October 2021 a b Part V Article 75 Archived from the original on 13 September 2006 Parliament of India Lok Sabha 164 100 47 194 Retrieved 17 October 2021 Part V Article 53 Archived from the original on 13 September 2006 a b Part V Article 74 Archived from the original on 13 September 2006 a b What is India s president actually for BBC News 2 August 2017 Retrieved 17 October 2021 Parts of the Indian Constitution that were inspired by others Deccan Herald 25 January 2021 Retrieved 11 January 2022 Go Julian March 2002 Modeling the State Southeast Asian Studies 39 4 558 583 Part V Article 55 Archived from the original on 13 September 2006 Part V Article 111 Archived from the original on 13 September 2006 Das Gupta Surajeet Badhwar Inderjit 15 May 1987 Under the Constitution does the President have the right to remove the Prime Minister India Today Retrieved 18 October 2021 Part V Article 123 Archived from the original on 13 September 2006 Repeated promulgation of ordinances because a bill is held up in the Rajya Sabha is a violation of constitutional principles Times of India Blog 27 September 2016 Retrieved 18 October 2021 a b Aney Madhav S Dam Shubhankar 1 October 2021 Decree Power in Parliamentary Systems Theory and Evidence from India The Journal of Politics 83 4 1432 1449 doi 10 1086 715060 ISSN 0022 3816 S2CID 235567253 The ordinance raj of the Bharatiya Janata Party Hindustan Times 11 September 2020 Retrieved 11 January 2022 Part I Article 1 Archived from the original on 13 September 2006 a b c d Rajya Sabha rajyasabha nic in Retrieved 19 October 2021 Part V Article 80 Archived from the original on 13 September 2006 Part V Article 107 Archived from the original on 13 September 2006 a b Part XX Article 368 Archived from the original on 13 September 2006 a b c Constitution of India Archived from the original on 22 June 2018 Part XI Article 246 Archived from the original on 13 September 2006 Congress mulls using Article 254 2 to bypass farm laws All you need to know about the rarely used provision Politics News Firstpost Firstpost 29 September 2020 Retrieved 19 October 2021 Part XI Article 248 Archived from the original on 13 September 2006 Part VI Article 154 Archived from the original on 13 September 2006 Part VI Article 155 Archived from the original on 13 September 2006 Part VI Article 156 Archived from the original on 13 September 2006 Reddy Jeevan 11 May 2001 The Institution of Governor Under the Constitution PDF Archived PDF from the original on 23 November 2018 Chatterji Rakhahari 6 June 2020 Recurring Controversy About Governor s Role in State Politics PDF Archived PDF from the original on 23 November 2018 Part VI Article 163 Archived from the original on 13 September 2006 Part VI Archived from the original on 13 September 2006 Part I Article 2 Archived from the original on 13 September 2006 Part I Article 3 Archived from the original on 13 September 2006 PDF https web archive org web 20140327091502 http www egazette nic in WriteReadData 2014 158365 pdf Archived from the original PDF on 27 March 2014 Retrieved 11 January 2022 a href Template Cite web html title Template Cite web cite web a Missing or empty title help Introduction The Administration of Union Territory of Ladakh India Retrieved 11 January 2022 About UT Administration UT of Dadra and Nagar Haveli and Daman and Diu India Retrieved 11 January 2022 Roy Arundhati 15 August 2019 Opinion The Silence Is the Loudest Sound The New York Times ISSN 0362 4331 Retrieved 11 January 2022 a b Dam Sukumar 1964 Judiciary in India The Indian Journal of Political Science 25 3 4 276 281 ISSN 0019 5510 JSTOR 41854040 Part VI Article 214 Archived from the original on 13 September 2006 Part VI Article 235 Archived from the original on 13 September 2006 Part V Article 133 134 Archived from the original on 13 September 2006 Part V Article 73 Archived from the original on 13 September 2006 Part XI Article 253 Archived from the original on 13 September 2006 a b Chandra Aparna 1 June 2017 India and international law formal dualism functional monism Indian Journal of International Law 57 1 25 45 doi 10 1007 s40901 017 0069 0 ISSN 2199 7411 S2CID 148598173 Are the Indian Courts Still Following the Constitutional Principle of Dualism Not Quite So The RMLNLU Law Review Blog 31 March 2020 Retrieved 18 October 2021 Gramophone Company of India Ltd v Birendra Bahadur Pandey Archived from the original on 18 March 2009 Raghavan Vikram 2010 The biographer of the Indian constitution Seminar Archived from the original on 19 September 2015 Retrieved 13 November 2015 Dharmadhikari D M Principle of Constitutional Interpretation Some Reflections 2004 4 SCC Jour 1 Archived from the original on 28 January 2016 Retrieved 6 November 2015 McCulloch v Maryland 17 U S 4 Wheaton 316 407 U S Supreme Court 1819 Text McCulloch v Maryland 17 U S 4 Wheaton 316 415 U S Supreme Court 1819 Text Gaur K D 2002 Article Law and the Poor Some Recent Developments in India Book Criminal Law and Criminology New Delhi Deep amp Deep p 564 ISBN 81 7629 410 1 Retrieved 9 November 2015 Narain Vrinda Water as a Fundamental Right A Perspective from India Vermont Law Review 34 917 920 Khosla Madhav 2011 Making social rights conditional Lessons from India International Journal of Constitutional Law 8 4 761 doi 10 1093 icon mor005 Khanna Hans Raj 2008 Making of India s constitution 2nd ed Lucknow Eastern Book Co published 1 January 2008 ISBN 978 81 7012 108 4 OCLC 294942170 General bibliographyAustin Granville 1999 The Indian Constitution Cornerstone of a Nation 2nd ed Oxford University Press ISBN 978 01 9564 959 8 2003 Working a Democratic Constitution A History of the Indian Experience 2nd ed Oxford University Press ISBN 978 01 9565 610 7 Baruah Aparajita 2007 Preamble of the Constitution of India An Insight amp Comparison Eastern Book Co ISBN 978 81 7629 996 1 Basu Durga Das 1965 Commentary on the constitution of India being a comparative treatise on the universal principles of justice and constitutional government with special reference to the organic instrument of India Vol 1 2 S C Sarkar amp Sons Private Ltd 1981 Shorter Constitution of India Prentice Hall of India ISBN 978 0 87692 200 2 1984 Introduction to the Constitution of India 10th ed South Asia Books ISBN 0 8364 1097 1 2002 Political System of India Anmol Publications ISBN 81 7488 690 7 Dash Shreeram Chandra 1968 The Constitution of India a Comparative Study Chaitanya Pub House Dhamija Dr Ashok 2007 Need to Amend a Constitution and Doctrine of Basic Features Wadhwa and Company ISBN 9788180382536 Ghosh Pratap Kumar 1966 The Constitution of India How it Has Been Framed World Press Jayapalan N 1998 Constitutional History of India Atlantic Publishers amp Distributors ISBN 81 7156 761 4 Khanna Hans Raj 1981 Making of India s Constitution Eastern Book Co ISBN 978 81 7012 108 4 Khanna Justice H R 2015 2008 Making of India s Constitution reprint 2nd ed Eastern Book Company ISBN 978 81 7012 188 6 Rahulrai Durga Das 1984 Introduction to the Constitution of India 10th ed South Asia Books ISBN 0 8364 1097 1 Pylee M V 1997 India s Constitution S Chand amp Co ISBN 81 219 0403 X 2004 Constitutional Government in India S Chand amp Co ISBN 81 219 2203 8 Sen Sarbani 2007 The Constitution of India Popular Sovereignty and Democratic Transformations Oxford University Press ISBN 978 0 19 568649 4 Sharma Dinesh Singh Jaya Maganathan R et al 2002 Indian Constitution at Work Political Science Class XI NCERT The Constituent Assembly Debates Proceedings 9th December 1946 to 24 January 1950 The Parliament of India Archive Archived from the original on 29 September 2007 Retrieved 22 February 2008 External linksConstitution of India at Wikipedia s sister projects Definitions from Wiktionary Media from Commons News from Wikinews Quotations from Wikiquote Texts from Wikisource Textbooks from Wikibooks Resources from Wikiversity The Constitution of India Original as published in the Gazette of India Original Unamended version of the Constitution of India Ministry of Law and Justice of India The Constitution of India Page Constitution of India as of 29 July 2008 Constitutional predilections Constitution of India Commonwealth Legal Information Institute Archived from the original on 22 October 2008 online copy Retrieved from https en wikipedia org w index php title Constitution of India amp oldid 1130474835, wikipedia, wiki, book, books, library,

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