LUXMIKANT POLITY CRUX NOTES-CHAPTER-3

Till 2016 it has a preamble, 46s Articles, 25 Parts & 12 Schedules

Why is it so lengthy?

•              It’s for a very vastness and diverse country.

•              Single constitution for the whole country (except J & K)

•              Influenced by the very length GOI Ac 1935.

•              Written by Lawyers

•              Has administrative provisions in addition to principles of governance

•              Many factors that are often covered in ordinary legislation by other modern democracies are incorporated in the constitution.

2. Rigidity and Flexible Constitution

Rigid: Special procedure for the amendment-

·           Article 368

·           Either by special majority

·           Or special majority & ratification by at least half of the States.

·           Special majority: – 2/3 majority of members of each house present and voting & majority (50%) of the total membership of each house.

Flexible: Some provision of the constitution can be amended with special majority.

Not amendments under Article 368.

Eg: Altering boundaries of states

3. Federal System with UnitaryBias

Federal Features: Two governments, written constitution, independent judiciary, bicameralism, division of powers, supremacy and rigidity of constitution.

Unitary Features: Strong Centre, Single constitution, Single citizenship, flexibility of the constitution, integrated judiciary, centre appointing the state governor, All- India services, emergency provision

•              Term ‘federation’ not used anywhere in the constitution.

•              India is a ‘Union of States’(Article1)

•              Indestructible.

•              No right to secede from the union.

•              Not the result of an Agreement b/w states.

42^nd CAA (1976) known as Mini Constitution.

1. Lengthiest written Constitution(Geographically, Historically, single constitution, Dominance of Legal luminaries)

395 Article, 22 parts, 8 schedules.

Presently, 465 Article, 25 parts, 12 schedules.

2. Drawn from various sources different countries + Act of 1935 (too Bulky) B.R. Ambedkar – Ransacking of all known constitution.

Structure part– 1935 Act

Philosophy– Preamble + Right + DPSP

3. Blend/ Mixup of Rigidity & Flexibility (as some can be amend by 2/3^rd or simple or absolute Majority)

4. Federal system with unitary bias Two govt., division of power, written constitution, the supremacy of the constitution, rigidity, independent Judiciary & bicameralism –

Quasi-Federal, Co- operative Federalism

A strong Centre, single Constitution – 1. Citizenship

2.  Integrated Judiciary

Art 1 – Union of state implies 2 things:

1. Indian Federation cannot exist.

2. Not on the basis of contract

5. Parliamentary govt/West Minister Model – Based on coordination & cooperation b/w Legislative & executive organ.

•              Doctrine of Parliament – British

•              Judicial – American

Integrate & Independent Judiciary

USA – Federal Law – Federal only

State Law – state Judiciary.

•              Indian SC Judiciary area in whole territory.

•              DPSP

•              Fundamental Duties

•              Secular State

•              Universal Adult Franchise, 21 years – 18 year 61^st C.A , 1988

•              Single Citizenship

•              Independent bodies viz CAG, Election Commission, UPSC, SPSC etc.

•              Emergency Provision

•              Three–tier Government

•              Govt. of India Act – Federal structure, Centre – state Relation, Administrative setup (office of Governor, Public service commission.

•              British Constitution – Parliamentary Model, Cabinet system, Writ Jurisdiction

•              US Constitution – FR, Judicial Review, Preamble, Impeachment of President, removal of SC & HC Judge.

•              IRELAND – DPSP Elected President

•              CANADA – Residuary Power, MP & MLA Privileges Concurrent List

•              Australia – Joint sitting of Parliament

•              Germany – Emergency Provision.

•              South Africa – Procedure of Constitution Amendment

•              Japan – Procedure established by Law

•              French – Republic & the Ideals of Liberty, equality & Fraternity in the Preamble.

•              Carbon copy of 1935

•              UN – Indian or Anti Indian

•              An – UN Gandhian Constitution

•              Elephantine size

•              Paradise of Lawyers (legalistic or Complicated)