The
country attained freedom on 15 August 1947. The Constitution
of the Republic came into effect on 26 January 1950.
It was drawn up by a Constituent Assembly initially
summoned on December 9, 1946. A draft of the Constitution
was published in February 1948. The Constitution was
finally adopted for 26 November 1949. It came into
effect on 26 January 1950.
The
Preamble of the Constitution:
We, the people of India, having solemnly resolved
to constitute India into a Sovereign, Socialist, Secular,
Democratic Republic and to secure to all its citizens:
Justice, social, economic and political; Liberty of
thought, expression, belief, faith and worship;
Equality of status and of opportunity; and to promote
among them all.
Fraternity assuring the dignity of the individual
and the unity and integrity of the Nation; in our
constituent assembly this twenty-sixth of November,
1949, do hereby adopt, enact and give to ourselves
this Constitution.
The Indian Constitution closely follows the the British
Parliamentary model, but differs from it in one important
respect that is, the Constitution is supreme, not
the Parliament. So the Indian courts are vested with
the authority to adjudicate on the constitutionality
of any law passed by the Indian Parliament.
The methods for amendment
of the Constitution are three according to
the subject matter of the Article concerned.
1.
Articles that may be amended by a simple majority
of Parliament. These are matters of detail, like those
provided in the Schedules.
2. Articles that may be amended by two thirds majority
of bot houses. These are comparatively important matters.
3. Articles that require not only two-thirds majority
of the Parliament but also ratification by at least
one-half of the State Legislatures.
For
a more comprehensive reading on the constitution of
India, go to: http://indiacode.nic.in
| Federal
Parliamentary System |
India, a union of states, is a Sovereign, Secular, Democratic
Republic with a Parliamentary system of Government.
The Indian polity is governed in terms of the Constitution,
which was adopted by the Constituent Assembly on 26
November 1949 and came into force on 26 November 1950.
The
President is the constitutional head
of Executive of the Union. Real executive power vests
in a Council of Ministers with the Prime Minister
as head. Article 74(1) of the Constitution provides
that there shall be a Council of Ministers headed
by the Prime Minister to aid and advise the President
who shall, in exercise of his functions, act in accordance
with such advice. The Council of Ministers is collectively
responsible to the Lok Sabha, the House of the People.
In
the states, the Governor, as the representative of
the President, is the head of Executive, but real
executive power rests with the Chief Minister who
heads the Council of Ministers. The Council of Ministers
of a state is collectively responsible to the elected
legislative assembly of the state.
The
Constitution governs the sharing of legislative power
between Parliament and the State Legislatures, and
provides for the vesting of residual powers in Parliament.
The power to amend the Constitution also vests in
Parliament.
The
Union Executive consists of the President, the Vice-President
and Council of Ministers with the Prime Minister at
the head to aid and advise the President.
The President is elected by members of an Electoral
College consisting of elected members of both Houses
of Parliament and Legislative Assemblies of the states,
with suitable weightage given to each vote. His term
of office is five years. Among
other powers, the President can proclaim an emergency
in the country if he is satisfied that the security
of the country or of any part of its territory is threatened
whether by war or external agression or armed rebellion.
When there is a failure of the constitutional machinery
in a state, he can assume to himself all or any of the
functions of the government of that state Rashtrapati
Bhavan.
The Vice-President is elected by the members of an electoral
college consisting of members of both Houses of Parliament
in accordance with the system of proportional representation
by means of a single transferable vote. He holds office
for five years. The Vice-President is Ex-officio Chairman
of the Rajya Sabha.
The Council of Ministers comprises Cabinet Ministers,
Minister of States (independent charge or otherwise)
and Deputy Ministers.
Prime Minister communicates all decisions of the Council
of Ministers relating to administration of affairs
of the Union and proposals for legislation to the
President. Generally, each department has an officer
designated as secretary to the Government of India
to advise Ministers on policy matters and general
administration. The Cabinet Secretariat
has an important coordinating role in decision making
at highest level and operates under direction of Prime
Minister.
The Legislative Arm of the Union, called Parliament,
consists of the President, Rajya Sabha and Lok Sabha.
All legislation requires consent of both houses of parliament.
However, in case of money bills, the will of the Lok
Sabha always prevails.
The Rajya Sabha consists of 245 members. Of these, 233
represent states and union territories and 12 members
are nominated by the President. Elections to the Rajya
Sabha are indirect; members are elected by the elected
members of Legislative Assemblies of the concerned states.
The Rajya Sabha is not subject to dissolution, one third
of its members retire every second year.
The
Lok Sabha is composed of representatives of the people
chosen by direct election on the basis of universal
adult suffrage. As of today, the Lok Sabha consists
of 545 members with two members nominated by the President
to represent the The Parliament of India Anglo-Indian
Community. Unless dissolved under unusual circumstances,
the term of the Lok Sabha is five years.
The
system of government in states closely resembles that
of the Union. There are 25 states and seven Union
territories in the country.
Union
Territories are administered by the President through
an Administrator appointed by him. Till 1 February
1992, the Union Territory of Delhi was governed by
the Central government through an Administrator appointed
by the President of India. Through a Constitutional
amendment in Parliament, the Union Territory of Delhi
is now called the National Capital Territory of Delhi
from 1 February 1992.
General
elections to the Legislative assembly of the National
Capital Territory were held in November 1993.
The
Supreme Court is the apex court in the country. The
High Court stands at the head of the state's judicial
administration. Each state is divided into judicial
districts presided over by a district and sessions
judge, who is the highest judicicial authority in
a district. Below him, there are courts of civil jurisdiction,
known in different states as munsifs, sub-judges,
civil judges and the like. Similarly, criminal judiciary
comprises chief judicial magistrate and judicial magistrates
of first and second class.
The
Supreme Court has original, appellate and advisory
jurisdiction. Its exclusive original jurisdiction
extends to all
disputes between the Union and one or more states
or between two or more states. The Constitution gives
an
extensive original jurisdiction to the Supreme Court
to enforce Fundamental Rights.
Appellate
jurisdiction of the Supreme Court can be invoked by
a certificate of the High Court concerned or by special
leave granted by the Supreme Court in respect of any
judgement, decree or final order of a High Court in
cases both civil and criminal, involving substantial
questions of law as to the interpretation of the constitution.
The President may consult the Supreme Court on any
question of fact
or law of public importance.
The
Supreme Court of India comprises of the Chief Justice
and not more than 25 other Judges appointed by the
President. Judges hold office till 65 years of age.
There
are 18 High Courts in the country, three having jurisdiction
over more than one state. Bombay High Court has the
jurisdiction over Maharashtra, Goa, Dadra and Nagar
Haveli and Daman and Diu. Guwahati High Court, which
was earlier known as Assam High Court, has the jurisdiction
over Assam, Manipur, Meghalaya, Nagaland, Tripura,
Mizoram and Arunachal Pradesh. Punjab and Haryana
High Court has the jurisdiction over Punjab, Haryana
and Chandigarh.
Among
the Union Territories, Delhi alone has had a High
Court of its own. The other six Union Territories
come under jurisdiction of different state High Courts.
The
Chief Justice of a High Court is appointed by the
President in consultation with the Chief Justice of
India and the Governor of the state. Each High Court
has powers of superintendence over all courts within
its jurisdiction. High Court judges retire at the
age of 62.
The
jurisdiction as well as the laws administered by a
High Court can be altered both by the Union and State
Legislatures. Certain High Courts, like those at Bombay,
Calcutta and Madras, have original and appellate jurisdictions.
Under the original jurisdiction suits, where the subject
matter is valued at Rs.25,000 or more, can be filed
directly in the High Court. Most High Courts have
only appellate jurisdiction.
Lok
Adalats are voluntary agencies for resolution of disputes
through conciliatory method.
Under
the Constitution, Parliament has the power to make
laws for the whole of or any part of the territory
of India. The State Legislatures have the power to
make laws for the States. The subjects on which legislation
can be enacted are specified in the Seventh Schedule
of the Constitution.
Parliament
has the exclusive right to legislate in respect of
items appearing in List I, called the ``Union List''.
This list includes area such as defence, foreign affairs,
currency, income tax, excise duty, railways, shipping,
posts and telegraphs, etc.
State
Legislatures have the exclusive power to make laws
in relation to items appearing in List II called the
``State List''. This includes items like public order,
police, public health, communications, agriculture,
lotteries, taxes on entertainment and wealth, sales
tax and octroi, etc.
Both
Parliament and the State Legislatures have the power
to legislate in items appearing in List III of the Constitution
which is known as ``Concurrent List''. This list includes
items like electricity, newspapers, criminal law, marriage
and divorce, stamp duties, trade unions, price controls,
etc.
