Important Constitutional Amendments
- 7th -
- 42nd -
- 44th -
- 73rd -
- 74th -
- 97th -
- 101st -
Factor have contributed Elephantine size of our Constitution.
- Geographical Factor
- Historical Factor
- Single constitution for both center and state.
- Dominance of legal luminaries in constituent assembly.
- Government of India Act 1935
- Federal Scheme
- Judiciary
- Governor
- Emergency Power
- Public Service Commission
- Administrative details
- Irish Constitution
- DPSP
- Nomination of Member of Rajya Sabha
- Method of election of President
- British Constitution
- Parliamentary form of government
- Rule of law
- Legislative procedure
- Single citizenship
- Cabinet system
- Prerogative writs
- Parliamentary privileges and bicameralism
- US Constitution
- Fundamental rights
- Independence of Judiciary
- Judicial review
- Impeachment of President
- Removal of SC and HC Judges
- Post of Vice-President
- Canada
- Federation with strong center
- Residuary power in the center'
- Appointment of State governors by the centers
- Advisory jurisdiction of the SC
- Australian Constitution
- Concurrent list
- Freedom of trade
- Commerce and inter-course
- Joint sitting of two house of Parliament
- Germany
- Suspension of Fundamental Rights during Emergency
- USSR
- Fundamental duties
- Ideals of justice (Social, Economical and Political) in the Preamble
- France
- Republic and Ideals of liberty
- Equality and fraternity in the Preamble
- South African
- Procedure of Amendment of Constitution
- .Election of member of Rajya Sabha
- Japanese
- Procedure establish by law
- Parliamentary Sovereignty - British
- Judicial Sovereignty - USA
- Special Majority
- Special Majority + Ratification of at least half of the total states.
- Simple Majority (Not come under Article 368)
Unitary features of Indian Constitution
- Strong center
- Single constitution
- Single Citizenship
- Flexibility of Constitution
- Integrated Judiciary
- Appointment of State governor by the center
- All India services
- Emergency provision
Why Indian constitution is termed as quasi-federal?
Quasi federalism - K.C. Wheare
Bargaining Federalism - Morris Jones
Co-operative Federalism - Granville Austin
Parliamentary form of Government
- Nominal and Real Executive
- Majority party rule
- Collective responsibility
- Membership of minister in Legislature
- Leadership of PM and CM
- Dissolution of lower house
Fundamental Rights (Part III)
- Right to Equality (14-18)
- Right to Freedom (19-22)
- Right against Exploitation (23-24)
- Right to Freedom of Religion (25-28)
- Cultural and Educational Rights (29-30)
- Right to Constitutional Remedies (32)
Type of Writs
- Habeas Corpus
- Mandamus
- Certiorari
- Prohibition
- Quo Warranto
DPSP (Part IV)
- Socialistic
- Gandhian
- Liberal-Intellectual
- It promotes the ideal of Social and Economic democracy.
- Minerva Mill case (1980) - The Indian Constitution is found on the bedrock of the balance between the Fundamental Rights and Directive Principals.
Fundamental Duties (Part IV-A)
- Added during internal emergency (1975 - 1977) by the 42nd Constitutional Amendment Act.
- 86th Constitutional Amendment Act (2002) - Added one more fundamental duties.
Secular State
- Term Secular added in Preamble - 42nd Constitutional Amendment (1976).
- Following set of Articles reveal the secular character of Indian Constitution
- Preamble
- Article 14
- Article 15
- Article 16
- Article 25
- Article 26
- Article 27
- Article 28
- Article 29
- Article 30
- Article 44
Universal Adult Franchise
- Age reduces 21 => 18 (61st Constitutional Amendment Act 1988)
Constitutional Bodies
- Election Commission
- Comptroller and Auditor General of India
- UPSC
- SPSC
Emergency Provision
- National Emergency (Article 352)
- State Emergency (President Rule)
- Article 356 - Failure of constitutional machinery
- Article 365 - Failure to Comply with the direction of the center.
- Financial Emergency (Article 365)
Three-tier Government
- 73rd Constitutional Amendment Act = Panchayati Raj = Added part IX and New Schedule 11
- 74th Constitutional Amendment Act = Municipalities = Part IX-A and New Schedule 12.
Co-operative Societies
- 97th Constitutional Amendment Act 2011.
- Article 19 - Right to form co-operative societies is a fundamental right.
- Article 43-B - DPSP on promotion of co-operative societies.
- Added new Part IX-B in the Constitution which is entitled as "The Co-operative societies." (Article 243-ZH to 243-ZT)
Preamble of the Constitution
- American constitution was first to begin with a Preamble.
- Preamble is based on objective resolution drafted and moved by the President.
- Amended by 42nd Constitutional Amendment Act 1976 - Added new word - Socialist, Secular and Republic.
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