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Intro to Indian Const., Lecture notes of Constitutional Law

Topics such as Preamble, Structure of Const.

Typology: Lecture notes

2021/2022

Uploaded on 06/16/2022

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CONSTITUTIONAL LAW
[30/08/2021 | MONDAY]
SALIENT FEATURES OF THE INDIAN CONSTITUTION
- Lengthiest constitution in the world
Originally: 395 Articles (22 Parts & 8 Schedules)
Currently: 448 Articles (25 Parts & 12 Schedules)
104 amendments (up to Jan 25, 2020); amendments are
made as and when the society evolves and when there is
a need
Reasons:
(i) Lesson learnt from history- since India
became a nation in 1947, we have looked
at the past failed states and have
learned from them and tried to
incorporate diff provisions (tailored
to Indian needs)
(ii) Vastness of country & peculiar
problems- India is a heterogenous
society with diff ethnicities,
cultures, languages, etc. The const. is
made in such a way that it caters to
all the citizens in the country
(iii) Smooth working of infant democracy- A
detailed const. to ensure no
discrepancies in the working of the
State
(iv) Welfare State- India is a welfare
State; state derives authority from
people, hence the vast number of
fundamental rights and duties; to
instil the spirit of constitutionalism.
- Bag of borrowing -
1. Fundamental rights- USA
2. Directive principles (to strike a balance b/w
capitalist and socialist society)- Ireland
3. Federal System- USA/Canada
4. Parliamentary System- UK
5. Union & State relationship- Canadian Const.
6. Concurrent List1- Australian Const.
7. Emergency- German Reich Const.
- Parliamentary Form of Govt .
India has a parliamentary form of govt., similar to UK
1 In India, if there is a tussle b/w state-made and centre-made laws, the
law made by centre takes importance
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CONSTITUTIONAL LAW

[30/08/2021 | MONDAY]

SALIENT FEATURES OF THE INDIAN CONSTITUTION

  • Lengthiest constitution in the world  Originally: 395 Articles (22 Parts & 8 Schedules)  Currently: 448 Articles (25 Parts & 12 Schedules)  104 amendments (up to Jan 25, 2020); amendments are made as and when the society evolves and when there is a need  Reasons: (i) Lesson learnt from history- since India became a nation in 1947, we have looked at the past failed states and have learned from them and tried to incorporate diff provisions (tailored to Indian needs) (ii) Vastness of country & peculiar problems- India is a heterogenous society with diff ethnicities, cultures, languages, etc. The const. is made in such a way that it caters to all the citizens in the country (iii) Smooth working of infant democracy- A detailed const. to ensure no discrepancies in the working of the State (iv) Welfare State- India is a welfare State; state derives authority from people, hence the vast number of fundamental rights and duties; to instil the spirit of constitutionalism.
  • Bag of borrowing-
    1. Fundamental rights- USA
    2. Directive principles (to strike a balance b/w capitalist and socialist society)- Ireland
    3. Federal System- USA/Canada
    4. Parliamentary System- UK
    5. Union & State relationship- Canadian Const.
    6. Concurrent List^1 - Australian Const.
    7. Emergency- German Reich Const.
  • Parliamentary Form of Govt.  India has a parliamentary form of govt., similar to UK (^1) In India, if there is a tussle b/w state-made and centre-made laws, the law made by centre takes importance

 Executive responsible to Legislature (theory of separation of power given by Montesquieu)  Theory of Separation of Powers: Concentration of powers in the hands of 1 person leads to a higher chance of misuse of power. Hence, the power is separated b/w Legislature, Executive & Judiciary  In a presidential form of govt., the separation of powers is strict; while in parliamentary form of govt., there is a close cooperation b/w legislature and executive while judiciary is independent.  Close co-op b/w Legislature and Executive- the members of Executive are from the Legislature  President- Constitutional Head/Head of State; signature of President required for Bill to become an Act  Prime Minister- Real Head  President functions as per the advice of the Cabinet of Ministers headed by PM  Members of Cabinet are members of either House of Parliament. If not, then they have to become a member w/n 6 months  Collective responsibility:

  1. PM and the CoM are collectively responsible.
  2. Govt. remains in power so long it enjoys the confidence of Lok Sabha. If the confidence is lost in the govt. or it loses its power, it will no longer remain in power (No Confidence Motion)  Responsibility of govt. assessed from time to time: Many parliamentary actions to asses the functioning of the govt.  Parliamentary Form- dependent on party system (if PM is from a party, the CoM are also from the same party)
  • Unique Blend of rigidity and flexibility  Amendment of Const  Simple Majority: 50% majority of people present and voting  Special Majority: 50% of total voting and 2/3rd^ majority of present and voting people  Special Majority + Ratification of at least half of the State legislature
  • Basic Structure Theory  SC in Keshava Nanda Bharati v State of Kerala devised the theory of basic structure of Const. There are certain basic features like judicia review, parliamentary form, secularism, federal republic nature, free and fair election system, etc., are immune from the amending powers of the Parliament under Art. 368 of the Const.