Comparison Scheme Student Notes

Comparison of Indian Constitutional Scheme with Other Countries

Comparison of the Indian Constitutional Scheme with that of other countries focuses on two main
aspects:

1. Knowledge of Various Constitutions: Understanding the constitutions of different

countries, especially those that have influenced the Indian Constitution.

2. Comparison of Constitutional Features: Comparing features such as Fundamental Rights,

Directive Principles of State Policy (DPSPs), Federalism, etc.

2. British Constitution
2.1. Salient Features

2.1.1. Unwritten

The British Constitution is primarily unwritten. It does not have a single codified document
like the Indian Constitution.

It comprises various written sources, conventions, and political traditions.

In contrast, the Indian Constitution is the world's lengthiest written constitution.

2.1.2. Evolutionary

The British Constitution has evolved over more than a thousand years without a formal
constituent assembly.

It is considered a product of wisdom and chance, developing continuously.

The Indian Constitution, while written, also allows for evolution through amendments,
reflecting changing needs and sensibilities.

2.1.3. Flexibility

The British Constitution is highly flexible, with constitutional and ordinary laws treated alike.
Parliament can amend it with a simple majority.

This flexibility allows it to adapt and grow with changing times.

The Indian Constitution is both flexible and rigid. Certain fundamental features are
sacrosanct, while other parts can be amended.

2.1.4. Unitary vs. Federal Features

The British Constitution is unitary, with all powers centralized in the British Parliament, which
is a sovereign body. Executive organs are subordinate to Parliament.

Administrative units like England, Scotland, and Wales are not politically autonomous.

The Indian Constitution is federal, with power shared between the national and state
governments.

2.1.5. Parliamentary Executive

Both Britain and India have a parliamentary form of government.

In Britain, the King is the sovereign but has no real power; ministers from the majority party
in Parliament hold actual authority.
 The Prime Minister and ministers are responsible to the legislature.

India's system is similar, but the executive does not have individual legal responsibility.

2.1.6. Sovereignty of Parliament

The British Parliament has supreme legislative power and can make, amend, or repeal laws
without any constraints.

Courts cannot question the validity of British Parliament's laws.

In India, the judiciary has the power to review laws and ensure they comply with the
Constitution, especially under the "Basic Structure" doctrine.

2.1.7. Role of Conventions

Conventions are unwritten rules that play a vital role in the British Constitution, providing
flexibility and avoiding the need for amendments.

For example, while the Queen has the theoretical prerogative to refuse assent to laws,
convention dictates that she does not.

In India, conventions also play a role, such as offering the position of Deputy Speaker to the
opposition party.

2.1.8. Rule of Law

The British Constitution emphasizes the Rule of Law, ensuring limited government and
protection from arbitrary actions.

Dicey's three principles of Rule of Law include protection from arbitrary arrest, equality
before the law, and judicial protection of individual rights.

In India, the Rule of Law is reinforced through the judiciary, with Article 21 ensuring that laws
are just, fair, and non-arbitrary.

2.1.9. Independence of Judiciary

In Britain, judges can only be removed for serious misbehavior with the consent of both
Houses of Parliament, ensuring judicial independence.

India also values judicial independence, which is considered a part of the "Basic Structure" of
the Constitution.

2.2. Organs of the State

2.2.1. Executive

The Executive in Britain (The Crown):

The Executive in Britain is referred to as the Crown, which initially symbolized the King. Now,
the King is part of the Crown, which consists of:

King

Prime Minister

Council of Ministers (CoM)

Permanent Executive (Civil Servants)

Privy Council

Crown: “King is dead. Long live the King.”

 Initially, all power lay with the King. Over time, power shifted to institutions like the CoM
headed by the Prime Minister, the Permanent Executive, and the Privy Council. Today, the
Crown includes all these institutions.

Nature of Monarchy:

Britain has a constitutional monarchy, where the monarch's powers are largely ceremonial.
The most significant practical power of the monarch (currently Queen Elizabeth II) is to
choose the Member of Parliament to form a government. However, this is typically the leader
of the majority party or coalition in the House of Commons.

Despite its lack of real power, the monarchy plays several important roles, such as
representing the UK domestically and internationally, setting standards of citizenship and
family life, uniting people, maintaining continuity of British traditions, and preserving
Christian morality.

Roles of the Monarch in a Parliamentary System:

The parliamentary system requires two heads: one as the head of the state (representing the
nation and providing continuity) and the other as the head of the government (holding real
power).

The institution of kingship provides psychological satisfaction and stability. The King can offer
valuable advice based on experience.

According to Bagehot, the King has three rights:

Right to warn

Right to encourage

Right to be informed

Abolishing the monarchy would require an elected head, which presents its own challenges.

Comparison with Indian System:

No provision for monarchy exists in the Indian Constitution. Titles like King are forbidden
under Article 18 of the Fundamental Rights, emphasizing equality among Indian citizens.

British Prime Minister and the Council of Ministers

Cabinet Form of Government:

Britain has a cabinet form of government where power lies with the entire Council of
Ministers, not just one person. The principle is “all Ministers sink and swim together,” based
on collective responsibility towards the Lower House.

The Cabinet evolved from the Privy Council, which advised the King. The roles of the Cabinet
include approving policy, resolving disputes, constraining the Prime Minister, unifying
government, and unifying the parliamentary party. The Cabinet is the ultimate law-making
body in the parliamentary system, formed by the majority party in the House. Cabinet
meetings are held in private.

British Prime Minister:

1. Position of the Prime Minister:

The PM is the captain of the ship of the state and the head of the Cabinet.

The PM's party enjoys a majority in the House.

 The PM is the connecting link between the King and the Cabinet and the King and the
Parliament.

The life of the House depends on the PM, who can advise the dissolution of the House.

Other Ministers are appointed and can be removed on the PM's advice.
2. The PM as First Among Equals (Primus Inter Pares):

In the cabinet system, collective responsibility is paramount, making all ministers

important, though the PM remains a key figure.

The relative position of the PM and other ministers in a parliamentary system can be
compared to the President and secretaries in a presidential system. In the presidential
system, the President chooses Cabinet members, who are not members of Congress.

In the parliamentary system, ministers are members of either House, and the PM should
ideally consider themselves as first among equals, giving due respect to other ministers
and taking decisions in consultation with them.

3. The PM as Moon Among Stars:

This phrase highlights the realistic prominence of the PM, who often stands out due to
formal and informal factors:

Formal Factors: Link between Parliament and the King, appointment/removal of

ministers on the PM's advice.

Informal Factors: Personality, party position, and response to external/internal

emergencies.

Difference Between British and Indian PM:

The constitutional position of the Indian PM is modeled on the British PM, with one key
difference: in India, the PM can be a member of either House of Parliament (Lok Sabha or
Rajya Sabha). In Britain, it is a convention that the PM is always a member of the Lower
House (House of Commons).

2.2. Organs of the State

2.2.1. Executive

The Executive in Britain (The Crown):

The Executive in Britain is referred to as the Crown. Initially, all power lay with the King, but
over time, power shifted to the Council of Ministers (CoM) headed by the Prime Minister, the
Permanent Executive (Civil Servants), and the Privy Council.

Components:

King

Prime Minister

Council of Ministers (CoM)

Permanent Executive (Civil Servants)

Privy Council

Privy Council:

Initially an advisory body to the King, the Privy Council's relevance has diminished due to the
rise of the Cabinet.
 It retains some supervisory roles over universities like Oxford and Cambridge and is involved
in church disputes and some admiralty cases.

Permanent Civil Servants/British Bureaucrats:

Indian bureaucracy is modeled on the British system.

Features:

Generalist in nature

Politically neutral

Recruited through competitive exams

Enjoy significant immunities

Considered elitist and not representative

Known as New Despots, thriving behind ministerial responsibility

Compared to Frankenstein’s monster, overpowering ministers

2.2.2. Legislature

Essential Differences Between Indian and British Systems:

British Parliament: Unrestricted sovereign power, no written constitution, legislative body

with no limits.

Indian Parliament: Defined and limited by a written constitution, powers outlined within
constitutional boundaries.

Fundamental rights in India are justiciable in courts, whereas the British system does not
have a formal Bill of Rights. Indian courts can declare laws unconstitutional if they violate
fundamental rights.

British Parliament:

Bicameral: House of Lords and House of Commons.

House of Lords:

Comprises hereditary members, Life Peers, Church/Religious peers, and Law Lords.

Limited powers: Can propose amendments but can only delay legislation, not prevent it.

Seen as one of the weakest upper houses globally.

Comparison to Indian Rajya Sabha:

Rajya Sabha has equal power with Lok Sabha in ordinary bills and constitutional
amendments.

Rajya Sabha can delay Money Bills for a maximum of fourteen days.

Rajya Sabha has special powers under Articles 249 and 312, unlike the House of Lords.

Comparison to the US Senate:

The US Senate is considered the strongest upper house, with equal power to the House of
Representatives on all bills, including Money Bills.

The Senate has special powers like ratification of international treaties and higher
appointments.

Judicial Role:
 The House of Lords was the highest Court of Appeal in Britain until the Supreme Court was
established by the Constitutional Reform Act, 2005.

The House of Commons

Lower Chamber: The House of Commons is the lower chamber of the British Parliament but
holds the most authority.

Speaker: Chaired by the Speaker, who is non-political. By convention, political parties do not
contest the Speaker's constituency. The Speaker resigns from their party upon appointment
and has a casting vote and disciplinary powers over the House and its members.

Membership: The number of members varies to reflect population changes.

Prime Minister: Always a member of the majority party or coalition in the House of
Commons. The Cabinet primarily includes leading members from the House of Commons,
but members from the House of Lords can also serve as Cabinet ministers.

Life Peers: Individuals given titles like 'Lord' or 'Lady' for life but cannot pass the title on.

Leader of the House of Commons: A government member acting as the chief spokesperson
for the majority party on internal House matters, announcing the schedule, and responding
to opposition inquiries.

Party Organizations: Meet regularly to discuss policy and provide a platform for
backbenchers to voice views to ministers or shadow cabinet members.

Comparison of the Speaker of the House of Commons with

Indian and American Speakers
British Speaker:

Position of great prestige and dignity.

Convention: Once a Speaker, always a Speaker. The Speaker’s constituency is unchallenged.

The Speaker resigns from their political party and maintains neutrality.

Has a casting vote and disciplinary powers over the House and MPs.

US Speaker (House of Representatives):

Expected to be a party member and favors their party.

Does not have final disciplinary powers; these lie with the House itself.

Can vote at the beginning.

Indian Speaker (Lok Sabha):

Midway between the British and the US model, but closer to the British model theoretically.

Not necessary for the Speaker to resign from their party.

Not disqualified under the Anti-defection law if they resign.

No convention that the Speaker will be elected uncontested.

Judiciary in Britain
Role of the Judiciary:

Under Parliamentary sovereignty, the judiciary cannot strike down an Act of Parliament.

Can interpret statutes, review actions of ministers, and apply natural justice principles.

Courts can declare executive actions ultra vires (beyond powers).

Judicial Review and Activism:

Government can overturn judicial decisions by passing amendment legislation.

Plays a significant role in the policy process.

Increase in judicial activism due to:

Judges' willingness to review and quash ministerial actions.

British membership in the EU.

Incorporation of the European Convention on Human Rights (ECHR) into domestic law.

Devolution of powers to elected assemblies in Scotland, Wales, and Northern Ireland.

Creation of the Supreme Court in 2009.

Comparison between Indian and British Judiciary

Similarities:

Both can declare executive actions ultra vires.

Highest interpreters of their respective constitutions.

Increased judicial activism in recent years.

Differences:

British system lacks the concept of ‘Basic Structure,’ allowing Parliament to override judicial
pronouncements through amendments.

Indian judiciary uses the ‘Basic Structure’ doctrine to nullify unconstitutional legislative or
executive actions.

British system is entirely based on Common Law, developed through judicial decisions. Indian
system combines Common Law with statutory and regulatory laws.

Comparison between British Monarch and Indian President

British Monarch Indian President

Position is hereditary Elected

Enjoys absolute immunity Can be impeached for violating the Constitution

No discretionary powers Some discretionary powers post-44th Amendment Act

Comparison between British Monarch and US President

British Monarch US President

Titular head Both real and titular head

Hereditary Elected and can be impeached

No discretionary powers Real executive powers, subject to checks and balances

Brief Synopsis of Comparison Between British and Indian

Constitutions

Aspect Indian Constitution British Constitution

Nature Written Unwritten

Structure Federal Unitary

Power Distribution Divided between Centre and states Concentrated in the Centre

Head of State President (Elected) King/Queen (Hereditary)

U.S. Constitution vs. Indian Constitution

Salient Features:

Length:

U.S. Constitution: The shortest written constitution.

Indian Constitution: The longest written constitution.

Articles & Amendments:

U.S. Constitution: 7 Articles, 27 Amendments.

Indian Constitution: Originally 395 Articles in 22 Parts, 8 Schedules; now 470 Articles in
25 Parts, 12 Schedules, and 5 Appendices.

Adoption Dates:

U.S. Constitution: Finalized on September 17, 1787, effective from September 13, 1788.

Indian Constitution: Adopted on November 26, 1949, effective from January 26, 1950.

Citizenship:

U.S.: Dual citizenship (national and state).

India: Single citizenship for all citizens.

Nature of the Constitution:

Federal Structure:

U.S.: True federal constitution with separate federal and state constitutions.

India: Central government can interfere in state functions (e.g., appointing governors,
imposing President’s rule).

Nature of Federalism:
 USA: Dual Federation.

Independent Centre and State Governments.

Centrifugal Federalism.

Symmetrical Federalism: Equal state representation in the Senate.

Legislative Federation: States dominate in lawmaking.

India: Cooperative Federation.

Interdependent Centre and State Governments.

Centripetal Federalism.

Asymmetrical Federalism: Representation in Rajya Sabha based on population; special

provisions for certain states.

Executive Federation: States play a role mainly at the executive level.

Form of Government:

USA: Presidential System.

Direct Election: The people directly elect the President.

Fixed Term: 4-year term, maximum of two terms.

Independent Administration: President appoints staff who are not accountable to the
legislature.

India: Parliamentary System.

Indirect Election: The President is elected by legislators from the Centre and states.

Term: 5-year term, re-election allowed indefinitely.

Dependent Administration: The President acts on the advice of the Prime Minister and
the Council of Ministers.

President:

Head of State and Government:

USA: The President is both the head of state and the head of government.

India: The President is the head of state, while the Prime Minister is the head of
government.

Qualifications:

USA: Must be a natural-born citizen, at least 35 years old, and a resident for 14 years.

India: Must be a citizen of India (natural or acquired).

Election:

USA: Elected by the Electoral College (538 members, 270 needed to win).

India: Elected indirectly by the legislators of the Centre and states.

Functions:

USA:

Executive Functions: Appointments, representing the country, preparing the

budget.

Legislative Functions: No legislative presence, cannot dissolve the legislature, can

send messages.
 Veto Power: Can sign, veto, or do nothing (pocket veto). Congress can override
with a two-thirds majority.

Legislative Proposals: Can recommend legislation to Congress.

India:

Bill Reconsideration: Can send back a bill for reconsideration but must sign if
passed again.

Pocket Veto: No time limit for signing bills, potentially more powerful than the U.S.
pocket veto.

3.2.5. Date of Retirement and Oath

USA

The US Constitution specifies the date and time for the retirement of the President and
members of Congress.

Terms of the President and Vice President end at noon on January 20th.

New President and Vice President take the oath of office on January 20th (or 21st if the 20th
is a Sunday) at noon.

Elections are held in November, and results are announced the same month.

If the President dies, resigns, or is impeached, the Vice President becomes President for the
remaining period.

India

If the President dies, is impeached, or resigns, the Vice President becomes President until
fresh elections are held.

The newly elected President holds office for a full term of five years.

The time schedule like in the USA cannot be maintained in India.

3.2.6. Impeachment of the President of USA

Reasons: Treason, Bribery, High Crimes, and Misdemeanors.

Process:

Charges are brought in the House of Representatives.

Passed by a 2/3rd majority in the House of Representatives.

Senate acts as the investigating body.

Chief Justice of the Supreme Court presides over the process.

Conviction and removal require a 2/3rd majority in the Senate.

3.3. Vice President

3.3.1. Election of Vice President

Qualifications are the same as for the President.

Elections are held simultaneously.

Earlier Method: The candidate with the most votes became President, second-most became
Vice President.
 Present Method: Separate elections for President and Vice President.

3.3.2. Tenure as President

If the Vice President becomes President when the President has served more than two years,
the Vice President can serve the remaining term plus two more terms.

If the Vice President becomes President with more than two years remaining in the
President's term, they are eligible for only one more term.

3.3.3. Functions of the Vice President of USA

Ex-officio chairperson of the Senate with a casting vote.

The Indian Vice President's role is modeled after the US Vice President.

The Vice President is sometimes referred to as "His Superfluous Highness."

3.4. US Legislature/US Congress

Consists of two houses: House of Representatives and the Senate.

3.4.1. House of Representatives

One of the weakest lower houses globally.

Consists of 435 members.

Members are elected directly.

Representation varies among states.

3.4.2. Senate

Permanent body.

Strongest upper house globally.

Equal powers in ordinary bills, amendments, and money bills.

Term is six years; 1/3rd of members retire every two years.

3.5. Committee System in USA

The strongest committee system in the world; Congress works in Committees.

Difference from British and Indian Systems:

In Britain and India, bills are introduced in the House and then referred to Committee.

In the USA, bills are referred to Committee before the first reading.

Pigeon Hole: A bill may get killed at the Committee stage (pigeonholing).

3.6. Duration of Representative Bodies at the Centre

USA

House of Representatives and Senate are permanent bodies.

Terms end on January 3rd.

India
 During emergencies, Lok Sabha's duration can be extended by one year or shortened by
holding premature elections.

The ruling party may dissolve Lok Sabha based on political prospects.

3.7. Doctrine of Separation of Power and System of Checks

and Balances
Theory:

Separation of Powers started with John Locke, popularized by Montesquieu.

Liberty is protected through Separation of Powers.

Universal in democracies; complete in the Presidential system, fused in the Parliamentary

system.

USA:

Strict adherence to Separation of Powers.

Legislative, Executive, and Judiciary have separate functions.

Fixed terms for Legislature and Executive; no interdependence.

No member of the Legislature can be an Executive member.

Checks and Balances:

Judiciary reviews executive and legislative acts.

Congress checks President through ratification, no taxation without representation,

impeachment.

President checks Congress with veto power and pocket veto.

President and Congress appoint and remove judges, control their salaries.

India:

Separation of Powers exists mainly between the Executive and Judiciary.

President acts on the aid and advice of the Prime Minister and Council of Ministers.

Dual capacity of ministers as lawmakers and executors.

3.8. Fundamental Rights

USA:

Bill of Rights: The first ten amendments of the US Constitution.

Freedom of Press: Clearly stated in the 1st Amendment.

Petitioning: People can petition the government, which includes the executive and judiciary.

Right to Keep Arms: 2nd Amendment allows people to own guns for protection.

Grand Jury: 5th Amendment; common citizens, chosen randomly, decide if someone should
be tried for a crime.

Due Process: 5th Amendment; laws and procedures must be fair and just. The judiciary
ensures this fairness.

Right to Property: Protected under the Constitution; the government cannot take property
without just compensation.
 Accused Rights: 6th Amendment; rights to a speedy and public trial, information about
accusations, getting witnesses in favor, and having a lawyer.

Bail and Punishment: 8th Amendment; no excessive bail or fines, and no cruel or unusual
punishment.

Other Rights: 9th Amendment; people have rights beyond those explicitly listed in the
Constitution.

India:

Fundamental Rights: Listed in the Constitution.

Freedom of Press: Implied under Article 19(1)(a), which ensures freedom of speech and
expression.

Petitioning: Right to petition the Supreme Court is a fundamental right.

Right to Keep Arms: Not a fundamental right and is highly regulated.

Criminal Trials: Conducted by judges, not by a grand jury.

Procedure Established by Law: The legislature has the power to define procedures, but
these must be fair, just, and equitable (as per the Maneka Gandhi case).

Right to Property: Removed from the list of Fundamental Rights in 1978.

Accused Rights: Ensured by the Supreme Court under Article 21 (Right to Life and Personal
Liberty).

Bail and Punishment: Ensured by the Supreme Court under Article 21.

Other Rights: No equivalent of the US 9th Amendment; rights are those recognized by the
Constitution.

3.9. Distribution of Legislative Power

India:

Seventh Schedule: Divides powers between the Centre and States.

Union List: 98 subjects for the Centre.

State List: 59 subjects for States.

Concurrent List: 52 subjects for both Centre and States; Centre's law prevails in case of
conflict.

Residual Power: Unlisted subjects go to the Centre.

USA:

Federal Powers: Limited to specific subjects mentioned in the Constitution.

State Powers: States handle other subjects not explicitly given to the federal government.

3.10. Emergency and Suspension of Writs

India:

Emergency Grounds: War, Armed Rebellion.

Suspension of Rights: During an emergency, all fundamental rights except the right to life
can be suspended.

USA:
 Suspension Grounds: Rebellion, Invasion of Public Safety.

Suspension of Writs: Writ of Habeas Corpus can be suspended.

3.11. Judiciary
USA:

Appointments: President nominates judges, Senate confirms them.

Transparency: Public hearings, citizens can participate in the process.

No Fixed Tenure: Judges serve indefinitely, with salary and perks post-70.

Role of Judiciary: Judiciary does not participate in the appointment process.

India:

Collegium System: Judges are appointed by a collegium of senior judges.

NJAC: Proposed reform (National Judicial Appointments Commission) was struck down as
unconstitutional.

Fixed Tenure: Judges have a fixed retirement age.

3.12. Amendment of the Constitution

USA:

Two Methods:

Congress Proposal: Needs a 2/3rd majority in both Houses and ratification by 3/4th of
State Legislatures.

State Proposal: 2/3rd of States call for a convention, then 3/4th of States must ratify the
amendment.

Rigid Process: Only 27 amendments in 225 years.

India:

Parliament Proposals: Only Parliament can propose amendments; States have no role.

Different Majorities: Some articles need a simple majority, others need a special majority,
and a few need ratification by more than half of the States.

Flexible Process: More frequent amendments than in the USA.

4. Chinese Constitution
China is a socialist country. The supremacy of socialist ideology is evident in its
constitution, which accepts the leadership of the Communist Party of China (CPC).

Communist Party of China (CPC):

The largest political party in the world with millions of local-level members.

Works on the principle of Democratic Centralism.

The National Party Congress (NPC) convenes once every five years.

Theoretically, all power lies with the people, but in practice, it rests with top leaders.

NPC members select the Central Committee, which selects the Polit Bureau (around 200
members).
 The Polit Bureau selects the Standing Committee of the Polit Bureau (currently 24 members,
the most powerful members of the party).

4.1. Salient Features of the Constitution

4.1.1. Preamble

Acknowledges the paramount position of Marxism, Leninism, and Mao’s teachings.

Replaces "Dictatorship of the Proletariat" with "People’s Democratic Dictatorship."

Recognizes Taiwan as an integral part of China, and its liberation is a declared liability of the
Chinese people.

Sets five principles for foreign relations: a) Respect and preservation of territorial integrity of
all nations. b) Avoidance of aggression. c) Non-interference in the internal affairs of other
countries. d) Promotion of international cooperation. e) Peaceful coexistence.

4.1.2. Nature of Constitution

Closely resembles the constitution of the former Soviet Union.

Neither too rigid nor too flexible.

4.1.3. Basic Principles

Declares People’s Republic of China as a Socialist State with a People’s Democratic

dictatorship.

The Communist Party leads and guides the people.

People exercise power through the National People’s Congress.

4.1.4. Unitary System

China is a unitary multi-national state.

Strong central government, with decentralization to encourage participation in policy-making.

Regional and local administrative units have delegated authority and powers.

4.1.5. Democratic Centralism

Similar to the former Soviet Union, emphasizing Democratic Centralism.

Elective principle at all levels within governmental and party institutions.

Citizens have the right to vote based on adult suffrage.

4.1.6. One Party System

The Communist Party holds almost dictatorial powers within the constitutional framework.

Party organization parallels governmental institutions, with party elites holding top
government positions.

No other political party enjoys real freedom to act.

Youth organizations and working groups affiliated with the party participate in decision-
making.
4.1.7. Legislature

The National People’s Congress (NPC) is the legislative branch.

Unicameral legislature with over 3000 members.

The top decision-making body in China, with the ultimate say on policies, amendments, and
ministerial appointments.

Elected by regional Congresses, autonomous regions, municipalities, and the People’s

Liberation Army.

Secret ballot elections, with constitutional guarantees of free and fair elections.

Duration:

Congressmen are elected for five years.

Congress can be dissolved or extended before the term ends.

The Standing Committee arranges fresh elections before the term's completion.

Sessions:

Held once a year in Beijing.

Summoned by the Standing Committee or the Chairman of the Congress on the request of
one-fifth of its members.

Powers:

1. Enactment of Laws:

Congress enacts new laws and amends existing ones.

Constitution can be amended with a two-thirds majority; ordinary laws require a simple
majority.

Acts of Congress cannot be challenged in the Supreme Court.

2. Executive Powers:

Supervises the execution of constitutional laws.

Controls administrative policies through appointments of superior public officials.

Ministers are accountable to Congress.

Approves National Economic Policy and the annual budget.

3. Elective Functions:

Elects the President and Vice President of the Republic.

Appoints the Premier of the State Council on the President's recommendation.

Appoints other ministers on the Premier's advice.

Appoints or removes the President of the Supreme Court and the Chief Procurator of
the Supreme Procuratorate.

In Practice:

NPC is not an active body.

Rarely holds regular sessions, meeting only once a year for a few days.

Most powers are exercised by its Standing Committee.

4. Chinese Constitution
China is a socialist country with the supremacy of socialist ideology and leadership of the
Communist Party of China (CPC)

Communist Party of China (CPC):

Largest political party in the world with millions of members.

Works on the principle of Democratic Centralism.

National Party Congress (NPC) convenes once every five years.

Power lies with top leaders in practice.

NPC Structure:

NPC members select the Central Committee.

Central Committee selects the Polit Bureau (around 200 members).

Polit Bureau selects the Standing Committee (24 members).

4.1. Salient Features of the Constitution

Preamble:

Acknowledges Marxism, Leninism, and Mao’s teachings.

Replaces "Dictatorship of the Proletariat" with "People’s Democratic Dictatorship."

Recognizes Taiwan as an integral part of China.

Five principles for foreign relations:

Respect for territorial integrity of all nations.

Avoidance of aggression.

Non-interference in internal affairs of other countries.

Promotion of international cooperation.

Peaceful coexistence.

Nature of Constitution:

Similar to the former Soviet Union's constitution.

Neither too rigid nor too flexible.

Basic Principles:

China is a Socialist State with a People’s Democratic dictatorship.

Communist Party leads the people.

People exercise power through the National People’s Congress.

Unitary System:

China is a unitary multi-national state.

Strong central government.

Delegation of authority to regional and local administrative units to encourage participation.

Democratic Centralism:

Elective principle at all levels within government and party institutions.

 Right to vote based on adult suffrage.

One Party System:

Communist Party holds dictatorial powers within the constitutional framework.

Party organization runs parallel to governmental institutions.

No real freedom for other political parties.

Youth organizations and working groups participate in decision-making.

4.1.7. Legislature

National People’s Congress (NPC):

Unicameral legislature with over 3000 members.

Top decision-making body in theory, but not active in practice.

Elected by regional Congresses, autonomous regions, municipalities, and the People’s

Liberation Army.

Secret ballot elections.

Real work done by the Standing Committee (around 150 members).

Duration and Sessions:

Congressmen elected for five years.

Can be dissolved or extended.

Sessions held once a year in Beijing.

Summoned by the Standing Committee or the Chairman of the Congress on request of one-
fifth of members.

Powers:

1. Enactment of Laws:

Enacts new laws and amends existing ones.

Constitution can be amended with two-thirds majority.

Acts of Congress cannot be challenged in the Supreme Court.

2. Executive Powers:

Supervises execution of constitutional laws.

Controls administrative policies through appointments.

Ministers accountable to Congress.

Approves National Economic Policy and annual budget.

3. Elective Functions:

Elects President and Vice President of the Republic.

Appoints Premier of the State Council on the President's recommendation.

Appoints other ministers on Premier's advice.

Appoints or removes President of the Supreme Court and Chief Procurator of the
Supreme Procuratorate.
Standing Committee
Effective Body:

Exercises most Congressional powers.

Subordinate to Congress in principle, but powerful in practice.

Accountable to Congress, presents regular reports.

Members elected by Congress and can be removed at its discretion.

Powers:

1. Summoning Sessions:

Calls for Congress sessions and issues orders for fresh elections.

2. Interpreting Laws:

Interprets statutes and constitutional laws.

3. Supervision:

Supervises State Council, superior courts, and Procurator.

4. Altering Decisions:

Can alter or repeal inappropriate decisions by official departments and regions.

5. Authority During Intervals:

Wields power during Congress intervals.

Can appoint or remove ministers, Vice President, and Deputy Chief Procurator.

Chairman:

Most powerful person in the political setup.

Presides over meetings.

Issues decrees and promulgates ordinances.

Duties include:

Receiving diplomatic envoys.

Ratifying treaties.

Appointing members of diplomatic corps.

Other Committees:

Formed during NPC's term, including:

National Committee on Fiscal and Economic Affairs.

Committee on Education, Science, Culture, and Health Issues.

Committee on Foreign Affairs.

Committee on Matters Relating to Chinese Settled Abroad.

Work under the supervision of the Standing Committee.

Role:

Powerful and effective body.

Exercises powers when Congress is not in session.

 Members perform an important role in administrative affairs.

4.1.8. Executive
State Council:

Cabinet or Executive of China, headed by the Premier, four Vice Premiers, and State
Councilors.

Responsible for law enforcement and administrative policy.

Members elected by Congress and accountable to it.

Premier:

Head of the administration.

President:

Head of state, elected by Congress for five years.

Ceremonial role with limited powers.

Since 1993, also serves as General Secretary of the CPC and head of the military.

Powers require NPC approval or confirmation.

Must be a Chinese citizen with full electoral rights, aged 45+.

2018 amendment removed presidential term limits.

4.1.9. Judiciary
Supreme People’s Court:

Highest judicial organ, committed to socialism.

Court of Procuratorates handles corruption cases.

System:

Not systematically codified.

Relies on conventions rather than laws.

4.1.10. Central Military Commission

Maintains party and government control over the military.

Military defends the Communist Party.

4.1.11. Rights and Duties

Rights:

Fundamental rights include:

Right to vote (18+).

Freedom of speech and expression.

Secrecy of correspondence.

Forming associations and public meetings.

Demonstrations and strikes.

 Personal security and family preservation.

Education and cultural freedom.

Equality of men and women.

Duties:

Cooperate with Socialist leadership.

Abide by the Constitution and laws.

Protect public property.

Maintain law and order.

Defend the country against foreign aggression.

4.1.12. Communist Party of China

Formation:

Founded in 1921.

Lenin sent a representative to assist in organizing the party.

Cheng Tu-hisu was the first Secretary General.

Established many branches in towns and cities.

Ideological Foundations:

Influenced by Marx and Lenin's teachings.

Linked with the global Communist Movement.

Mao played a pivotal role in the socialist struggle.

Party Organization:

Operates on Democratic Centralism.

All office bearers are elected.

Primary units elect District Congress, which elects deputies for the Congress of the upper
level.

Members can criticize leadership and propose policies.

Lower-ranked members must follow higher-ranked decisions.

Central leadership makes most decisions.

Politburo:

Most powerful decision-making body.

Summons sessions of the Central Committee.

Has a Standing Committee of seven members.

Exercises all powers of the Central Committee when not in session.

National Congress of the Communist Party:

Key policy-making body.

Members elected by regional and local party congresses for five years.

Holds sessions once every five years.

Central Committee:

Limited membership.

Exercises Congress powers when not in session.

Rarely holds meetings.

Elects members of the Politburo, Chairman, and Vice Chairman.

Other Parties and Groups:

Smaller parties like Kumintang Revolutionary Committee, Democratic League, National

Construction Association, and various Youth Organizations are allowed to function.

China is a multi-national and multi-party country.

Eight other parties cooperate with the Communist Party.

Communist Party has political monopoly; other parties have dejure existence.

Party organization runs parallel to the government.

5. French Constitution
5.1. Introduction

France is known as the 'Laboratory of Political Experiment'.

Unitary form of government with a semi-presidential system.

Mix of Parliamentary and Presidential systems.

Parliament does not have supremacy in law-making; some matters are handled by the
President.

Based on the principle of Executive Supremacy.

Constitution of the 5th Republic provides a strong President with a five-year term.

5.2. President

Most powerful in the French system and among world democracies.

Combines US President's tenure security and head of state/government roles with the British
PM's power to dissolve the Assembly.

Division of functions between President and PM.

President handles foreign policy and national concerns.

PM handles daily government functions and local issues.

PM is appointed by the President but must have the confidence of the House.

Concept of 'Cohabitation' when President and PM are from different political parties.

PM can choose cabinet colleagues.

Cabinet is presided over by the President.

Lower House can pass a censure motion against the PM and CoM.

President elected for a fixed five-year term using the Second Ballot system.

President can be impeached, though the process is ambiguous (Article 67).

Emergency powers under Article 16 allow the President unlimited powers in emergencies.
5.3. The Legislature

Subordinate to the Executive.

Article 37 limits legislative power to matters enumerated in the Constitution.

President can influence legislative functions through the PM and refer bills for a referendum.

Bicameral Parliament: National Assembly and the Senate.

5.3.1. National Assembly

Holds broader powers than the Senate.

Can hold the Government accountable and pass censure motions.

Can be dissolved by the President.

Has the final say in legislative procedures in case of disagreement with the Senate.

Plays a significant role in examining the finance bill and social security financing bill.

5.3.2. The Senate

The Senate cannot be dissolved, unlike the National Assembly.

The Senate's permanence contributes to governmental stability, especially when the

President's office is vacant.

The President of the Senate assumes the role of President of the French Republic if the
current President is unable to serve due to illness or resignation.

The interim period lasts until a presidential election is organized, usually around 50 days.

5.4. Prominent Features of the French Constitution

Organic Law:

Forms the foundation of the government.

Certain laws are classified as organic laws.

Laws and executive orders must conform to organic laws.

Reviewed by the Constitutional Council (9 members: 3 appointed by the President, 3 by

the French National Assembly, and 3 by the Senate).

High Council of Justice:

Responsible for the nomination of judges.

Headed by the President and Judiciary members.

President is known as the 'guardian of the Judiciary'.

Economic and Social Council: Constitutional advisory body on social and economic issues.

Secularism:

Strict separation of Church and State.

Freedom of conscience and to exercise any faith.

The state does not support religious activities but does not interfere in private religious
practices.

Prohibits visible religious symbols in public spaces.

5.5. Amendment of the Constitution
Process:

Rigid process.

Both Houses of Parliament must pass a resolution by a 3/5th majority.

The President can choose to refer the amendment to a referendum.

6. Germany’s Constitution
Germany is a federation with states known as ‘Landers’.

Residuary powers lie with the states.

Parliamentary form of government modeled on the British system but not identical.

Known as ‘Chancellor’s Democracy’.

Chancellor is the PM.

President is the Constitutional Head.

6.1. Salient Features

6.1.1. Chancellor’s Democracy:

Chancellor has clear-cut superiority over other Ministers.

Chancellor Principle:

Chancellor sets broad policy guidelines.

Ministers follow these guidelines but have autonomy in their departments.

Ensures coalition government stability.

6.1.2. Cabinet Principle:

Comes into play during inter-department disputes.

Decisions are taken collectively.

6.1.3. Constructive Vote of No-Confidence:

Allowed only if the opposition can form an alternative government.

Prevents issues of a Hung Assembly in a coalition government.

6.1.4. Parliament:

Two houses: The Bundestag and The Bundesrat.

The Bundestag:

Lower house with members elected for a four-year term.

Uses Mixed Member Proportional Representation (MMPR) for elections.

Manner of Elections:

Half members elected directly from 299 constituencies using first-past-the-post.

Other half elected from party lists based on 16 regions.

Two votes per person: one for a constituency candidate, one for a political party.

Parties need at least 5% of second votes to qualify for seats.

 Complications:

Split votes between candidates and parties can imbalance seats.

‘Overhang’ and ‘balance seats’ ensure proportional representation and direct

election.
Reason for System:

Blocks small, extremist parties from entering the Bundestag.

Fewer parties with representation.

Comparative Analysis of Bundestag:

Bundestag members spend less time serving constituents compared to US Congress or

British House of Commons.

Reasons:

Only 50% of members are directly elected.

Constituent service is not seen as critical by electorate or representatives.

Limited personal staff for Bundestag members compared to US Congress members.

The Bundesrat
Upper House: Represents German Länder (regional states).

Composition:

Members are not elected by popular vote or State Parliaments.

Members are from State Cabinets and can be removed anytime.

State delegation usually led by the head of government in the Land, known as the
Minister-President.

Representation:

States are not represented by an equal number of delegates.

Population of the state affects the number of votes.

Votes allocation: Approx. 2.01 + square root of Land's population in millions, with a
maximum of six votes.

Total votes: 69 (not seats).

State Cabinets can appoint delegates up to the number of votes.

Voting:

Delegates cast votes as a bloc.

One delegate (often the Minister-President) can cast all the state's votes.

Size:

Smaller body compared to the Bundestag (600+ members).

Can veto legislation affecting state powers.

7. Constitution of Japan
System: Parliamentary with a Constitutional Monarchy.

Monarchy:

King is a symbolic figure (rubber stamp).

PM is head of the Cabinet.

Election of PM:

Elected by both Houses of Japanese Parliament (Diet).

Diet Houses:

House of Representatives.

House of Councillors.

If no consensus, a Joint Committee has 10 days to decide.

If no decision, the will of the lower house prevails.

Article 9:

Japan renounces war for settling international disputes.

Can maintain forces for self-defense.

8. Constitution of Canada
The Canadian Constitution encompasses principles and values governing political relations.

8.1. Salient Features

8.1.1. Constitutional Monarchy:

Central component of Canada’s constitutional framework.

Constitution Act, 1867:

Executive authority vested in the Canadian Monarchy (shared with Britain and former
British colonies).

British Queen is the formal head of state.

Offices of Governor General (federal) and Lieutenant Governors (provincial) are the
Monarch’s representatives.

Unwritten Convention:

Executive authority exercised by the Prime Minister and Cabinet.

8.1.2. Parliamentary Government:

Constitution Act, 1867 establishes:

Federal Parliament with the Monarchy, House of Commons (Lower House), and Senate
(Upper House).

Modeled on the British Parliament.

Legislative chambers at the provincial level.

Unwritten Conventions:

Executive dominance by the Prime Minister and Cabinet (federal) and Premier and
Cabinet (provincial).
 Practice of responsible government.

House of Commons:

Lower chamber in Canadian Parliament.

Consists of 308 Members of Parliament (MPs).

Manner of Election:

Elected by first-past-the-post system in electoral districts (ridings).

Seats distributed roughly proportional to the population of each province and territory.

Term and Tenure:

Maximum term is four years; general elections can be called earlier.

Powers:

More powerful than the Senate.

Elected House's will usually prevails over appointed Senate.

Senate:

Upper chamber in Canadian Parliament.

Consists of 105 members, appointed by the Governor-General on Prime Minister's advice.

Seats are assigned regionally:

Four major regions receive 24 seats each.

Remaining nine seats assigned to smaller regions.

8.1.3. Federalism:

Federal system with two key levels of government: federal and provincial.

Constitution Act, 1867:

Outlines specific powers and jurisdictions for federal and provincial governments.

Clarified and evolved by judicial decisions.

Changes in Federalism:

Shift towards greater state powers.

Constitution Act, 1930: Transferred ownership of natural resources to Western

provinces.

Constitution Act, 1982: Ensured economic and social equality between regions, leading
to the Equalization Program and public fund sharing.

8.1.4. Judiciary
Supreme Court of Canada: Highest court and final authority on civil, criminal, and
constitutional matters.

Appointment:

Nine members appointed by the Governor-General on the advice of the Prime Minister
and the Minister of Justice.

Serve until the age of 75.

Provincial Courts: Each province operates its own individual court system.

Legal System:
 Based mainly on English common law.

In Québec, it is modeled on French civil law.

8.1.5. Rights
Canadian Charter of Rights and Freedoms:

Bill of rights entrenched in the Constitution of Canada.

Forms the first part of the Constitution Act, 1982.

Guarantees certain political rights to Canadian citizens and civil rights to everyone in
Canada.

Applies to government laws and actions, including federal, provincial, municipal

governments, and public school boards.

Sometimes applies to common law, but not to private activity.

Courts:

Have struck down unconstitutional federal and provincial statutes and regulations when
violations of Charter rights occur.

9. Constitution of Australia
Australia’s system of government:

Founded on liberal democratic traditions.

Reflects British and North American models, uniquely Australian.

Australian Federation:

Modeled on the US federation.

Residuary powers are with the states.

Governors of states are elected by the people and formally appointed by the British Queen.

Growth of Cooperative Federalism.

9.1. Salient Features

9.1.1. Form of Government:

One of the oldest continuous democracies.

Commonwealth of Australia created in 1901 when former British colonies agreed to

federate.

Constitution:

Divides government powers into three chapters: legislature, executive, and judiciary.

Members of the legislature must also be members of the executive.

Parliament delegates wide regulatory powers to the executive.

Parliament:

Two chambers: House of Representatives and Senate.

Ministers from these chambers conduct the executive government.

Policy decisions made in Cabinet meetings.

Cabinet discussions not disclosed, ministers bound by Cabinet solidarity.

 Monarchy:

Queen Elizabeth II is formally the Queen of Australia.

The Queen appoints a Governor-General to represent her.

Governor-General has wide powers but acts on ministerial advice.

9.1.2. Nature of the Constitution:

Written constitution like the United States.

Defines federal government responsibilities: foreign relations, trade, defense, and

immigration.

States and territories handle other matters, adhering to responsible government principles.

The Queen is represented by a Governor in each state.

High Court of Australia:

Arbitrates disputes between the Commonwealth and the states.

Decisions have expanded federal government's constitutional powers and

responsibilities.

Procedure of Amendment:

Amendments require approval through a national referendum.

Bill must be passed by both houses of Parliament, or in some cases, by one House.

Constitutional changes must be approved by a double majority:

National majority of electors.

Majority of electors in a majority of states (at least four of six).

In specific cases, a majority of voters in affected states must also agree.

Double Majority: Makes amendments difficult.

History: Only eight out of 44 proposals to amend the Constitution have been approved since
1901.

9.1.3. Parliament:

Government formed in the House of Representatives by the majority party.

Minority parties often hold the balance of power in the Senate, which reviews government
decisions.

Senators elected for six-year terms; half face voters in ordinary general elections.

Question Time: Government and Opposition questions to ministers.

Debates:

Broadcast and reported.

Establishes Australia’s reputation for robust public debate.

Informal check on executive power.

9.1.4. Nature of Elections:

National general election within three years of the first meeting of a new federal Parliament.

Average life of Parliaments: about two-and-a-half years.

General Elections:
 Held when the Governor-General agrees to a request from the Prime Minister.

PM selects the date.

History: Governing party changes almost every five years; longest coalition led by the Liberal
Party (23 years from 1949 to 1972).

9.1.5. Voting:

Compulsory for all citizens over 18.

Failure to vote may result in fines or prosecution.

9.1.6. Relations Between Levels of Government

State Parliaments: Subject to both national and state constitutions.

Federal Law: Overrides any inconsistent state law.

Cooperation Areas: Education, transport, health, law enforcement.

Income Tax: Levied federally; debates on revenue access and expenditure duplication.

Local Government Bodies: Created by state and territory legislation.

Council of Australian Governments (COAG):

Forum for national policy reforms needing cooperative action between national, state,
territory, and local governments.

Objectives: Deal with major issues, structural government reforms, achieve an

integrated national economy and single national market.

Members: Prime Minister, State Premiers, Chief Ministers of territories, President of the
Australian Local Government Association.

Ministerial Councils:

Regular meetings of national, state, and territory ministers.

Include representatives of local government and governments of New Zealand and

Papua New Guinea for specific policy areas.

10. Constitution of Switzerland

Prominent Themes: Spirit of Republicanism and federal features.

Direct Democracy: Known for its direct democratic practices.

Dynamic Constitution: Protects individuals, welfare state, etc.

Comparison with Indian Constitution:

Indian Constitution Swiss Constitution

Executive vested in President Executive vested in Federal Council

President elected by Electoral College Federal Council elected by Federal Assembly

Party Government Absent

States cannot conclude treaties Cantons can conclude treaties

Supremacy of Judiciary Judiciary cannot rule federal law invalid

 Indian Constitution Swiss Constitution

No referendum Referendum possible

Institutions for Direct Democracy:

1. Referendum: Referring bills to people for ratification.

2. Initiative: Bill initiated by people, conveyed to the assembly.

3. Recall: Calling back a representative if voters are dissatisfied.

11. Features-Wise Constitutional Comparison Scheme

11.1. The Preamble

Purpose: Sets guiding purpose and principles.

Source: Indian Preamble language and structure derived from the USA.

11.2. Written Constitution

Concept Source: USA (first written constitution).

Benefits: Ease of access, revision, protection from arbitrary government interference.

11.3. Nominal Head

Britain India

President is Head of State, first citizen, head of Legislature,

Queen is Head of State, a
Executive, Judiciary, and Supreme Commander of Armed
ceremonial role.
Forces.

11.4. Cabinet System

Similarities in India and England:

Collective decision-making body: Prime Minister and Council of Ministers.

PM chooses Cabinet, appointed by Head of State.

Cabinet Ministers can be dismissed by Head of State on PM's advice.

11.5. Bicameral System of Parliament

Legislature with Two Chambers:

England: House of Commons and House of Lords.

India: Lok Sabha (House of People) and Rajya Sabha (Council of States).

11.6. Concept of Lower House Being More Powerful

England India

House of Lords (Upper House) restrained

Money Bills only introduced in Lok Sabha.
from financial bills.
 England India

PM loses post without majority in House PM loses post without majority support in Lok
of Commons. Sabha.

Upper House can only delay bills for two Rajya Sabha cannot reject bills from Lok
parliamentary terms. Sabha, only delay for 14 days.

11.7. Speaker in the Lower House

England India

Speaker chairs debates, elected by Speaker conducts business, maintains discipline

MPs, politically impartial. and decorum, can punish unruly members.

Represents Commons to monarch, Represents Lok Sabha, permits various motions

Lords, and other authorities. and resolutions.

11.8. Judiciary Adaptations

11.8.1. Concept of Supreme Court

Adapted from the United States of America.

First country to introduce the highest court of justice, called the Supreme Court.

Essential requirement for a federal form of government.

11.8.2. Laws on Which Supreme Court Functions

Adapted from the Constitution of Japan.

Japanese Constitution Indian Constitution

The Chief Justice is appointed by the Head of The Chief Justice is appointed by the Head of
the State-Emperor. the State-President.

The Supreme Court is the highest judicial The Supreme Court is the highest judicial
authority of the nation. authority of the nation.

Other judges in the Supreme Court form Other judges in the Supreme Court form
smaller benches for court or hearing of smaller benches for court or hearing of
cases. cases.

Supreme Court mainly acts as an appellate Supreme Court mainly acts as an appellate
court, most hearings being appeals and court, most hearings being appeals and
petitions against unsatisfactory decisions of petitions against unsatisfactory decisions of
lower courts. lower courts.

11.8.3. Independence of Judiciary and Judicial Review

Independence of Judiciary:

Judiciary should be politically shielded from legislative and executive power.

Courts should not be influenced by other government branches or personal interests.

 Judicial Review:

Legislative and executive actions are subject to review (and possible invalidation) by the
judiciary.

Courts with judicial review power must annul state acts when incompatible with a higher
authority such as the constitution.

Source: Both principles adopted from the USA.

Importance: Keeps a check on the legislative and executive branches.

11.8.4. Method of Removal of Supreme/High Court Judges

Adapted from the Constitution of the United States.

US Constitution Indian Constitution

Varies from state to state. Sometimes, Impeachment requires an order of the President
an enquiry committee's after an address in each House of Parliament,
recommendation is enough; in some supported by a majority of the total membership
states, a two-thirds majority in both of that House and not less than two-thirds of
houses is required for impeachment of members present and voting, for removal on the
a judge. ground of proved misbehavior or incapacity.

11.9. Fundamental Rights

Purpose: Act as limitations on the powers of the Executive and Legislature.

In Other Countries In India

Concept of fundamental Fundamental rights in the Constitution of India constitute the

rights from the USA. longest description in the world.

Includes: Right to Equality (14-18), Right to Freedom (19), Right

Right to freedom of
against Exploitation (23-24), Right to Freedom of Religion (25-
speech, assembly, and
28), Cultural and Educational Rights (29-30), Right to
religion from USSR.
Constitutional remedies (32-35)

Right to freedom and

equality before the law
from the French rights.

11.9.1. Suspension of Fundamental Rights During Emergency

Concept adopted from the Weimar Constitution of Germany.

Supreme power vested in the President during an emergency.

Rights Valid During Emergency:

Right to Equality.

Right to Freedom (in certain cases).

Right to Life.
11.10. Fundamental Duties
Adopted from the Constitutions of Japan, Yugoslavia, Republic of China, and the Soviet Union
(USSR).

Japan is the only democratic country with legally enforceable Fundamental duties.

Incorporated in the Indian Constitution to remind citizens of their rights and duties.

11.11. Scheme of Federation

Distribution of powers between the Centre and the States.

Essential for handling local issues in a diverse country like India.

Scheme of Federation with a Strong Centre:

Centre and States expected to be cooperative and coordinating institutions with mutual
adjustment, respect, understanding, and accommodation.

Prevention and amelioration of conflicts.

Indian federation devised with a strong Centre.

Comparison of Indian Federalism with American Federalism:

Indian Constitution American Constitution

Not the result of an agreement between

Result of an agreement between States.
States.

Single citizenship for both States and

Dual citizenship: Federal and State Citizenship.
Union.

States send MPs to Parliament based on Each State sends an equal number of
population. representatives to the Senate.

No principle of equality between states. Principle of equality between states.

Three Lists: Union List, State List, Clear division of legislative powers between
Concurrent List. Federal Govt. and Units.

States are not sovereign; Union can Union and units are sovereign in their legislative
encroach upon State's Lists. fields.

No State can secede from the Territory States can theoretically separate from the
of India. Federal.

Parliament (Centre) has residuary

States have residuary powers.
powers.

One Constitution for Union and States. Two Constitutions.

Uniformity in basic civil and criminal

Different civil and criminal laws in each state.
laws (except personal laws).

Indestructible Union of destructible

Destructible Union of indestructible States.
States.
 Indian Constitution American Constitution

Centre can alter the area, boundaries,

and name of States (Article 3).

The word “Federal” is not used in the

Constitution; framers described simply The word “Federal” is used in the Constitution.
“Union”.

Supreme Court of America does not have the

Supreme Court has wide powers,
same appellate jurisdiction as the Supreme
including appellate jurisdiction.
Court in India.

No referendum is necessary for Referendum must be conducted for

Constitutional amendments. amendments.

11.12. Freedom of Trade and Commerce

Australia India

Free trade clause under Section 92 of the Australian Article 301 in Indian Constitution
Constitution: “on the imposition of uniform duties of taken almost verbatim from
customs, trade, commerce and intercourse among the Section 92 of the Australian
States shall be absolutely free.” Constitution.

Legislature given more powers than judiciary; trade

and commerce activities subjected to reasonable
restrictions by the State as mentioned in the
Constitution.

Advantages of this Adoption:

Free movement and exchange of goods throughout the country essential for economic unity.

Constitutional provisions prevent local barriers to economic activity, remove impediments to

inter-state trade, and make the country one in economic resources.

Adopted from the Australian Constitution with amendments.

11.13. Directive Principles of State Policy

Principles laid down to create social and economic conditions for a good life.

In India, adopted verbatim from the Constitution of Ireland (originally from Spain).

11.14. Election of Members by the President

The upper house in India (Rajya Sabha) consists of 250 members.

12 members are nominated by the President for their exemplary work in respective fields.

Saves nominated members from election turmoil.

System adopted from the Constitution of Ireland.

12. Borrowed Features of Constitution from Different
Countries
From U.K.:

Nominal Head – President (like Queen).

Cabinet System of Ministers.

Post of Prime Minister.

Parliamentary Type of Government.

Bicameral Parliament.

Lower House more powerful.

Council of Ministers responsible to Lower House.

Speaker in Lok Sabha.

From U.S.:

Written Constitution.

Executive head of state known as President and Supreme Commander of the Armed Forces.

Vice-President as the ex-officio Chairman of Rajya Sabha.

Fundamental Rights.

Supreme Court.

Provision of States.

Independence of Judiciary and judicial review.

Preamble.

Removal of Supreme Court and High Court Judges.

From USSR:

Fundamental Duties.

Five Year Plan.

From Australia:

Concurrent List.

Language of the Preamble.

Provision regarding trade, commerce, and intercourse.

From Japan:

Law on which the Supreme Court functions.

Procedure established by law.

From Weimar Constitution of Germany:

Suspension of Fundamental Rights during an emergency.

From Canada:

Scheme of federation with a strong centre.

Distribution of powers between centre and the states, with residuary powers to the centre.
From Ireland:

Concept of Directive Principles of State Policy (originally from Spain).

Method of election of President.

Nomination of members in the Rajya Sabha by the President.

15. Vision IAS GS Mains Test Series Questions

1. The Indian constitution wonderfully adopts the via media between the
American system of Judicial Supremacy and the British principle of
parliamentary supremacy. Explain.

Approach:

The statement is from D.D. Basu’s discussion on the salient features of the Indian
constitution.

Reflect awareness and understanding of Parliamentary supremacy in Britain, Judicial

supremacy in the USA, and a balanced compromise in India.

Answer:

British Constitution: Courts cannot nullify any act of Parliament on any ground.

American Constitution: The Supreme Court can invalidate laws that transgress legislative
power or violate the Bill of Rights, based on the principle of 'due process of law'.

Indian Constitution:

Judiciary can declare a law unconstitutional if it exceeds legislative power or contravenes

fundamental rights.

No judicial review on the wisdom of legislative policy.

The Supreme Court can declare parliamentary laws as unconstitutional through judicial
review.

Parliament can amend major portions of the Constitution through constituent power.

The scope of judicial review in India is narrower than in the US.

Innovations like the basic structure doctrine have broadened judicial review in India.

2. The Upper Chamber of Parliaments across the world are generally

considered less powerful vis-à-vis their Lower Chamber. However, they
are also vested with certain functions and powers, which enables them
to play a decisive role. Critically analyse with special emphasis on India.

Approach:

Discuss the power and status of Upper Chambers (UC) and how they are generally less
powerful.

Highlight special powers in India (Article 249 and 312), control over the executive, etc.

Conclude on the importance of the UC despite its limited powers compared to the Lower
House.

Answer:

Upper Chamber (UC):

 Seen as advisory in unitary systems and nearly equal in federal systems.

Rajya Sabha (RS) in India enjoys co-equal status except in financial matters.
Reasons for Inferior Position:

Indirect election, undemocratic, subversive of the people's will.

UC often acts as a revising chamber.

Powers and Status of UC:

Limited legislative approval, e.g., House of Lords in the UK.

Financial powers vested in the Lower Chamber (LC).

UC cannot vote no-confidence motions in parliamentary systems.

Evolutionary political systems like the UK have seen a shift in power to the LC.

Special Powers in Federal Systems:

Strong UCs like the US Senate have powers not vested in the LC.

India:

RS has powers under Article 249 and 312.

RS can extend the life of a Proclamation in the event of Lok Sabha dissolution.

RS can empower Parliament to enact laws on state subjects.

RS has special power to remove the Vice-President of India.

US:

Senate advises and consents on executive decisions.

Senate tries impeachments against executive officials.

Prior to 2009, House of Lords served as the court of last resort in the UK.

Conclusion:

The UC plays a significant role in revising legislation, controlling the executive, and special
powers in federal systems.

In India, the RS has equal powers except in financial matters, highlighting its importance
despite being less powerful than the Lok Sabha.

3. Whereas the legislature is empowered to regulate the ratification of

international treaties in the United States, in India it is mostly the
domain of the executive. Examine the rationale and benefits of these two
approaches with examples.

Approach:

Explain treaty-making powers in India and the USA.

Contrast it with democracies where the legislature has a role in treaty-making.

Analyze issues based on recommendations by the National Commission to Review the

Working of the Constitution and SC rulings.

Answer:

Entering into Treaties: An attribute of State sovereignty, crucial for foreign relations, trade,
environment, communications, ecology, finance.
Treaty Making in the United States:

The President has the power, with the Advice and Consent of the Senate, to make treaties if
two-thirds of the Senators present concur.

Rationale: Senate's advice and counsel check presidential power, safeguard state sovereignty
by giving equal vote.

Senate approves/rejects a resolution of ratification; ratification occurs when instruments are

exchanged.

Executive agreements, not classified as treaties, are concluded by the executive branch
without Senate submission.

Constitution silent on treaty termination.

Treaty Making in India:

Power to enter treaties in Union List (Article 246); Executive power extends to all Parliament
legislative matters (Article 73).

Parliament can legislate on state list items to implement treaties (Article 253).

No specific provision for treaty negotiation/ratification procedure; executive interprets Article

73 broadly.

Judiciary emphasizes treaty power as political, suggests separate legislation for treaty
governance.

National Commission to Review the Working of the Constitution recommended Parliament

pass a law to regulate treaty-making but didn't mandate parliamentary ratification.

Critical Analysis:

Ratification by national parliaments can be protracted, reflecting conflicting perceptions,

interests, and institutional mechanisms.

Parliamentary ratification ensures legislative scrutiny, political and public discussion of

treaties.

Treaty-making power shouldn't be absolute; Parliament should streamline procedures

through legislation.

Venkatachalliah and Punchhi commissions recommended involving states and Parliament in

treaties affecting citizens and state finances.

Conclusion:

Treaties with far-reaching implications need legislative scrutiny, wider political and public
discussion.

A balance between executive efficiency and legislative oversight ensures democratic

accountability in treaty-making.
4. Ninth amendment to the American Constitution states that the
enumeration of certain rights in the Bill of Rights shall not be construed
to deny or disparage others retained by the people. Is this statement
true with respect to the Constitution of India also? If yes, what is the
difference between fundamental rights included in part 3 of our
Constitution and the rights mentioned outside part 3?

Approach:

Answer specifically without delving into details of the American Constitution.

Compare the statement with the Indian Constitution.

Answer:

Theory of Inalienable Natural Rights: Rights that cannot be denied in a free society, even if
not explicitly listed in the Constitution.

Fundamental Rights in the Indian Constitution:

Exhaustively enumerated in Part 3.

Courts cannot impose limitations on legislature/executive based on natural rights.

Expansion of fundamental rights rests on judicial interpretation, e.g., Article 21.

Rights Outside Part 3:

Other justiciable rights imposed by other constitutional provisions, e.g., Article 265 (no tax
levied without authority of law), Article 300A (no person deprived of property without
authority of law).

Differences in enforcement:

Fundamental rights (Part 3) can be enforced via Article 32 (application to Supreme

Court).

Other rights enforced through ordinary suits or Article 226 (application to High Court).

Article 32 application only if non-fundamental right violation involves a fundamental

right.

5. In comparison with the American constitutional arrangement, where

there is strict separation of executive and legislature, the Indian
Constitution provides for a fused structure. Do you think this system has
worked for India?

Approach:

Explain briefly the arrangement in India vis-à-vis USA.

Discuss the reasons for adopting this arrangement.

Explain the benefits of this system.

Suggest ways to make this system more efficient and effective.

Answer:

Arrangement in India vs. USA:

USA: Strict separation of powers; the President appoints staff/council of ministers

independently of the legislature. The President is not responsible to the legislature.
 India: Fused structure; the executive comes from the majority party in the Lok Sabha. Council
of ministers are members of the legislature, blending executive and legislative functions.

Reasons for Adopting This Arrangement:

Avoid unnecessary conflict between executive and legislature.

Ensure smooth functioning of a fledgling democracy.

Benefits of This System:

1. Avoids Deadlocks:

No possibility of deadlocks between the executive and legislature as seen in the

American system where the President and Congress may belong to different parties.

The Indian executive, coming from the majority party in Lok Sabha, ensures cooperation
in passing important bills like money bills.

2. Checks and Balances:

Majority in Lok Sabha does not give the executive a free hand.

Rajya Sabha functions as a check on the executive's power, ensuring cooperation and
balance between the two organs.

Way Forward:

1. Strengthen Parliamentary Processes:

Pass bills through thorough debates and discussions rather than being forced through
by the ruling party.

2. Hold Executive Accountable:

Ensure accountability through motions, question hour, and other parliamentary

mechanisms.

3. Embrace Cooperation:

Recognize and embrace the spirit of cooperation between the executive and legislature
to ensure effective governance.

1. Introduction
1.1. Definition

A Constitution is a document of people’s faith and aspirations with special legal sanctity.

It is the fundamental law of a country, a rulebook that regulates society and its laws.

The philosophy embodied in a nation’s constitution determines its form of government.

1.2. Functions of the Constitution

A Constitution, whether written or unwritten, always serves several functions: a) Expression of

Ideology: Reflects the ideology and philosophy of a nation-state. b) Expression of Basic Law:
Presents basic laws, which can be amended. Includes special laws for citizens' rights such as
freedom of speech, religion, assembly, and press. c) Organizational Framework: Defines
functions of the legislature, executive, and judiciary, their inter-relationship, and authority
restrictions. d) Levels of Government: Explains the levels of different government organs
(federal, confederation, or unitary) and delineates national and provincial government powers. e)
Provisions for Amendment: Contains directions for its modifications to adapt to changing times
and needs.

Example:

Soviet Constitution: Mainly an expression of ideology, less of organizational setup.

American Constitution: Focuses on governmental organization and power relationship

guidelines.

1.3. Understanding Constitutionalism

Unchecked State Power: Without constraints, state power may be exercised arbitrarily.

Constitutionalism: The concept of limiting political power through checks, controls, and
rules. Incorporates principles of ‘limited government’ and ‘rule of law’ against arbitrary power.

A limited government is a system where legalized governmental power is restricted by law, usually
the constitution. Examples include the United States, England, Australia, and Japan. In India, the
government is bound to specific principles and actions by the constitution.

According to K.C. Wheare and W.G. Andrews, Constitutionalism implies:

Division of powers.

Acceptance of plurality of interests.

No authoritative or dictatorial leadership.

Minimum constraints on individual freedom.

Carl J. Friedrich's View:

Division of powers is the most important basis of Constitutionalism. It may exist in any
government form with power division.

1.3.1. Constitutionalism in India

Constitutionalism in India is an amalgamation of:

Written Constitution,

Responsible Government,

Parliamentary Democracy,

Rule of Law,

Fundamental Rights,

Separation of Powers and Checks and Balances,

Flexibility of Constitution and Basic Structure,

Federal Form of Government,

Independent Judiciary and Judicial Review.

Recognized by the Supreme Court:

Rameshwar Prasad v. Union of India: Constitutionalism abhors absolutism, premised on

the Rule of Law.

IR Coehlo v. State of Tamil Nadu: Control over governmental power ensures democratic
principles are not destroyed.
2. Historical Underpinnings
2.1. Developments under British Rule

Two Phases:

Under the British East India Company (1773 – 1858)

Under the British Crown (1858 – 1947)

2.2. Analysis

Perspectives:

General features.

Features related to the current scheme of the Constitution (marked with ‘*’).

2.2.1. Developments under the Company Rule (1773-1858)

Important Acts:

1. Regulating Act of 1773

Governor of Bengal designated as Governor General of Bengal; executive council of four

members to assist him.

Governors of Bombay and Madras made subordinate to the Governor-General of Bengal

(Centralization of power).

Established Supreme Court at Calcutta in 1774 (one Chief Justice, three judges)*.

Strengthened British control over the Company; prohibited company officials from private
trade and accepting gifts.

Laid principles of central administration in India*.

1. Pitt’s India Act of 1784

Separated commercial and political functions of the Company.

Court of Directors managed commercial activities; Board of Control managed political affairs.

Board of Control supervised East India Company's affairs; six members, including one
Secretary of State and the Chancellor of the Exchequer.

Reduced Executive Council members to three; Commander-in-Chief as one member.

Evolution of dual government.

Company’s territories called ‘British possession in India’.

Analysis of the Act:

Introduced the Dual System of government by the Company and a Parliamentary Board.

Board of Control had no independent executive power, patronage; powers were veiled.

Necessary approval for dispatches; emergency drafts sent through the Secret Committee.

Civil and military government of the Company subordinate to the Government in England.

1. Charter Act, 1813

Ended Company’s monopoly in trade with India (except tea and China trade).

Provision to invest Rs. 1 Lakh annually in Indian education (not implemented).

 Empowered local governments to impose taxes and punish for non-payment, under
Supreme Court jurisdiction.

2.2.1. Developments under the Company Rule (1773-1858)

4. Charter Act, 1833

Saint Helena Act: Final step of centralization.

Governor-General of Bengal became Governor-General of India with all military and civil
powers (Lord William Bentinck first Governor-General of India).

All law-making powers conferred on the Governor-General and his Council.

Created a government of India with authority over all British territories in India.*

Laws: Regulations under previous acts called 'Acts' under Charter Act, 1833.

End of Monopoly: Ended East India Company’s trade monopoly; Company became a purely
administrative body. Trade with India open to all British subjects.

Codification of Laws: Directed the establishment of an Indian Law Commission (first law
commission with Lord Macaulay as Chairman).

Civil Services: Attempted to introduce open competition for selection of Civil Servants
(negated by Court of Directors).

5. Charter Act, 1853

Legislative and Executive Functions: First clear demarcation of legislative and executive
functions (Governor General’s Council).

Addition of six new members under 'Indian Legislative Council' or 'Central Legislative
Council'.

Four members appointed by Madras, Bombay, Bengal, and Agra governments.

Beginning of Parliamentary system in India.

Civil Services: Introduced open competition for recruitment (covenanted civil services open
to Indians).

Macaulay Committee recommended enforcement in 1854.

Provincial Representation: First local representation in Indian Legislative Council (four

members appointed by local governments).

Extension of Company’s Rule: Allowed retention of Indian territories on trust for British
Crown without specifying a period.

2.2.2. Developments under the British Crown’s Rule

1. Government of India Act, 1858

Act for the Good Government of India: Ended company rule, transferred government
powers to the British crown.

Administrative Improvements: Focused on improving administrative machinery.

Double Government Ended: Abolished Board of Control and Court of Directors.

Secretary of State: Established office for complete authority over Indian administration.

Member of British Cabinet, responsible to British Parliament.

Assisted by 15-member advisory Council, with Secretary of State as chairperson.

 Established British Parliament control over Indian affairs; centralized administration.

2. Indian Councils Acts (1861, 1892, 1909)

Act of 1861:

Indians included in law-making process (Viceroy could nominate non-official members).

Decentralization: Restored powers to Bombay and Madras Presidency.*

New legislative councils for Bengal, NWFP, and Punjab.

Recognized 'portfolio' system introduced by Lord Canning in 1859.*

Viceroy empowered to issue ordinances.*

Act of 1892:

Increased non-official members in legislative councils, retained official majority.

Introduced election element for filling non-official seats (nomination term used).

Legislative councils allowed discussing budget, questioning the Executive.

Act of 1909 (Morley-Minto Reforms):

Increased seats in legislative councils (Central from 16 to 60).

Non-official majority in provincial legislative councils.

Wider deliberative powers for legislative councils.

First Indian (Satyendra Prasad Sinha) in Viceroy’s Executive Council.

Introduced communal representation for Muslims (separate electorate).

3. Government of India Act, 1919 (Montagu-Chelmsford Reforms)

Responsible Government: British Government aimed for responsible government in India.

Provincial Control Relaxed: Demarcated central and provincial subjects, respective

legislatures authorized to make laws.*

Centralized and unitary government structure largely retained.*

Dyarchy:

Governance subjects divided into transferred (administered by ministers) and reserved

subjects (administered by Governor and Executive Council).

Bicameralism and Direct Elections:

Bicameral legislature at the Centre.

Franchise based on property, tax, education.

Budget Separation: Central budget separated from provincial budget.*

Public Service Commission: Established; Central Public Service Commission set up in 1926
(Lee Commission recommendation).*

Communal Representation Extended: Separate electorates for Sikhs, Indian Christians,

Anglo-Indians, Europeans.

4. Government of India Act, 1935

All-India Federation: Provinces and princely states as units; three lists - Federal, Provincial,
Concurrent (residuary powers to Viceroy).

Provincial Autonomy: Replaced dyarchy with provincial autonomy; Governors acted with
ministerial advice.
 Responsible Government in Provinces: Introduced in 1937, discontinued in 1939.

Government of India Act, 1935

Dyarchy at the Centre:

Federal subjects divided into reserved and transferred subjects (not implemented).

Bicameralism:

Introduced in six out of eleven provinces.

Provinces: U.P., Bihar, Assam, Bengal, Madras, Bombay had two houses (Legislative
Assembly and Legislative Council).

Other provinces: Single house (Legislative Assembly).

Federal Legislature: Two houses (Council of States and Federal Assembly).

Council of States: Permanent body, one-third members retire every three years.

Federal Court: Established at the Centre.

Other Provisions:

Formation of Sindh and Orissa provinces.

Extended communal representation (separate electorates for scheduled castes, women,

labor).

Separation of Burma and Aden from India.

Abolished Indian Council; appointed 3-6 advisors for Secretary of State.

Secretary not to interfere in Indian affairs; Governors to manage administration.

Viceroy remained head of the Federal Government with wide powers.

Reserved subjects: Viceroy through Executive Councilors.

Transferred subjects: Viceroy with Indian ministers (max 10) from legislature.

Provincial administration by Governor with council of ministers from provincial

legislature.

Established Reserve Bank of India for currency and credit control.

Extended franchise; 10% of the population got voting rights.

Critical Analysis
Non-Starter Federation:

Princely states did not join the federation.

Limited Powers:

Dyarchy and autonomy limited by control mechanisms (Governor’s discretion, Viceroy’s

directions).

Legislative Limitations:

Central and Provincial Legislatures had limited sovereign features.

Viceroy’s veto power and Crown’s veto over Central Legislature bills.

Viceroy could suspend Legislature proceedings on special responsibilities.

Viceroy’s independent powers for temporary Ordinances and permanent Acts.

 Viceroy’s previous sanction needed for bills/amendments affecting British Parliament
laws or requiring discretion.

Other Intermediate Developments

1. Communal Award:

August 1932: British PM Ramsay Macdonald’s award.

Separate representation for forward castes, lower castes, Muslims, Buddhists, Sikhs,
Indian Christians, Anglo-Indians, Europeans, Dalits.

Dalits assigned seats from special constituencies with Dalit-only voters.

Opposed by Gandhi, resulting in Poona Pact with Dr. Ambedkar for a single Hindu
electorate with reserved Dalit seats.

2. Cripps Mission:

March 1942: Sir Stafford Cripps proposed British Government’s draft declaration for
post-WWII implementation.

Constitution framed by a Constituent Assembly elected by Indian people.

Dominion status for India.

One Indian Union comprising provinces and states.

Non-acceding provinces/states to retain current constitutional position, separate

arrangements with British Government.

3. Cabinet Mission:

March 1946: Lord Clement Atlee sent Cabinet Mission (Lord Pethick Lawrence, Sir
Stafford Cripps, Mr. A.V. Alexander).

Mission’s aim: Help India achieve independence, set up a Constitutional Assembly.

Union of India (British India, States) with jurisdiction over foreign affairs, defense,
communication.

Residuary powers vested in provinces and states.

Union executive and legislature with representatives from provinces and states.

Provinces could form groups with executives and legislatures to determine provincial
subjects.

4. The Mountbatten Plan:

June 3, 1947: British Government formalized plan for power transfer and partition of
India.

5. Indian Independence Act, 1947:

February 20, 1947: British PM Clement Atlee announced British rule end by June 30,
1948.

Provisions:

Declared India independent and sovereign.

Partition into India and Pakistan.

Abolished Viceroy post, appointed Governor-General for India and Pakistan.

Constituent Assemblies of India and Pakistan given legislative and executive powers
to frame Constitutions.
3. Evolution
3.1. Two Dimensions

1. Evolution prior to the adoption of the Constitution (pre-1950 era).

2. Evolution as an ongoing process (1950 onwards).

3.1.1. Evolution Prior to the Adoption of the Constitution

Constituent Assembly: A representative body elected by the people for the purpose of framing
and adopting a Constitution.

Genesis of the Idea:

The idea of a Constituent Assembly was implicit in the demand for Swaraj by the Indian
National Congress as early as 1906.

In 1936, the Congress resolved that a genuine democratic state in India could only come into
existence through a Constituent Assembly.

On March 15, 1946, Clement Atlee, the Labour Party’s Prime Minister, admitted the right of
Indians to frame their own Constitution.

The British Parliament passed the Indian Independence Act, 1947, creating two independent
dominions (India and Pakistan) effective from August 15, 1947.

The Constituent Assembly was formed as per the Cabinet Mission plan with a total
membership of 389 (93 from princely states and 296 elected from British Indian provinces).

Composition:

Partly elected and partly nominated body.

Members elected indirectly by people in provincial assemblies, based on a limited franchise

(tax, property, education).

Represented all sections of Indian society - Hindus, Muslims, Sikhs, Parsis, Anglo-Indians.

Included leading personalities of India, except Gandhi and Jinnah.

Committees:

Major Committees:

1. Union Powers Committee - Jawaharlal Nehru

2. Union Constitution Committee - Jawaharlal Nehru

3. Provincial Constitution Committee - Sardar Vallabhbhai Patel

4. Drafting Committee - Dr. B.R. Ambedkar

5. Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas -
Sardar Vallabhbhai Patel

6. Rules of Procedure Committee - Dr. Rajendra Prasad

7. States Committee (Committee for Negotiating with States) - Jawaharlal Nehru

8. Steering Committee - Dr. Rajendra Prasad

Minor Committees:

1. Committee on the Functions of the Constituent Assembly - G.V. Mavalankar

 2. Order of Business Committee - Dr. K.M. Munshi

3. House Committee - B. Pattabhi Sitaramayya

4. Ad-hoc Committee on the National Flag - Dr. Rajendra Prasad

5. Special Committee to Examine the Draft Constitution - Alladi Krishnaswamy Ayyar

6. Credentials Committee - Alladi Krishnaswamy Ayyar

7. Finance and Staff Committee - Dr. Rajendra Prasad

8. Hindi Translation Committee

9. Urdu Translation Committee

10. Press Gallery Committee

11. Committee to Examine the Effect of Indian Independence Act of 1947

12. Committee on Chief Commissioners’ Provinces - B. Pattabhi Sitaramayya

13. Commission on Linguistic Provinces

14. Expert Committee on Financial Provisions

15. Ad-hoc Committee on the Supreme Court - S. Varadachariar

Working of the Constituent Assembly:

First meeting on December 9, 1946, boycotted by the Muslim League.

Objective Resolutions:

Moved by J.L. Nehru to lay down the fundamentals and philosophy of the constitutional
structure.

Declared India as an independent sovereign republic.

Advocated democracy, fundamental rights, safeguards for minorities, backward and

tribal areas, and depressed classes.

Promoted world peace and welfare of mankind.

Enactment and Enforcement:

Dr. B.R. Ambedkar proposed a motion on November 26, 1949, marking the adoption of the
Constitution.

January 26, 1950, chosen as the date of commencement due to its historic importance.

Criticism of the Constituent Assembly:

Not a Representative Body: Members not directly elected by people according to universal
adult franchise.

Not a Sovereign Body: Formed based on British Government proposals, sessions held with
British Government permission.

Domination of Congress Members: Described as a one-party body by Granville Austin.

Lawyer-Politician Domination: Resulted in a bulky and complicated Constitution.

3.1.2. Evolution as an Ongoing Process
Mr. Justice H. R. Khanna in his ‘Making of Constitution’: “The framing of a Constitution calls
for the highest statecraft. Those entrusted with it have to realize the practical needs of the
government and have, at the same time, to keep in view the ideals, which have inspired the
nation.”

Living Constitution:

A Constitution has to be a living thing, living not for one or two generations but for
succeeding generations of men and women.

Provisions of the Constitution are couched in general terms, allowing them to adapt over
time while maintaining continuity.

It states the principles for an expanding future, not just rules of the passing hour.

Two Innate Features of a Living Constitution:

1. Constant Changes:

The Constitution is open to constant changes, whether by new amendments or by

repealing existing ones.

Examples:

42nd Constitutional Amendment: Explicitly included the concepts of secularism

and socialism as a part of the Constitution.

Article 15(4): Added by the 1st Constitutional Amendment Act, provides for
affirmative action for socially and economically backward sections of society or for
SC/STs.

Article 15(5): Added by the 93rd Constitutional Amendment Act, provides for
affirmative action for socially and economically weaker sections of society in
educational institutions, whether aided or unaided.

2. Constant Interpretation by the Supreme Court:

The Constitution is open to constant interpretation by the Supreme Court, allowing it to

accord interpretations that make the Constitution:

Relevant to Contemporary Reality: Ensuring it reflects the time and tenor of

contemporary reality.

Reflect Needs and Aspirations: Maximizing its reflection of the needs and
aspirations of the people.

Examples:

Right to Education (Article 21A): Incorporated through the 86th Constitutional

Amendment after landmark judgments by the Supreme Court in the Mohini Jain
and Unni Krishnan cases.

Article 21 (Right to Protection of Life and Personal Liberty): The Supreme Court
has broadened its scope starting with the judgment in the Maneka Gandhi vs.
Union of India case, 1978. Subsequent judgments have tackled various issues like
the CNG ruling in Delhi, Ganga river protection, right to adequate shelter, right to
privacy as a fundamental right, right to die with dignity as a fundamental right, and
allowing passive euthanasia.

The Constitution constantly evolves, much like a living organism, learning from its experience
and the surrounding environment.
4. Salient Features of the Constitution of India
1. Lengthiest Written Constitution:

The Indian Constitution is the lengthiest written Constitution in the world among all
sovereign countries.

Original Form: 395 Articles, 8 Schedules.

As of January 2020: 470 Articles, 25 Parts, 12 Schedules, 5 Appendices.

Amendments: 126 Amendment Bills, 104 Amendments.

Written and Unwritten Constitution:

Written Constitution:

Found in legal documents enacted in the form of laws.

Precise, definite, systematic.

Result of conscious and deliberate efforts of people.

Framed by a representative body elected by people at a specific period in history.

Promulgated on a specific date.

Generally rigid, with a separate procedure for amendment/revision.

Examples: USA, France, India.

Unwritten Constitution:

Not set in writing, documented despite not being codified in a single book.

Consists of customs, conventions, traditions, and some written laws of different

dates.

Unsystematic, indefinite, imprecise.

Result of historical development, not by a representative constituent assembly or

on a specific date.

Sometimes called an evolved or cumulative constitution.

Example: England.

Point to be noted: Although the last article of the Constitution is Article 395, the total
number of articles as of January 2020 is 470. New articles added through amendments
have been inserted in the relevant location with alphanumeric enumerations. For
example, Article 21A (Right to Education) was inserted by the 86th Amendment Act.

Factors for Length of the Constitution:

Borrowed Provisions: From several sources and other constitutions.

Specific Issues: Provisions for scheduled castes, tribes, backward regions.

Center-State Relations: Elaborate provisions in all aspects.

State Administration: Included as Indian states do not have separate Constitutions.

Detailed Rights and Policies: Detailed list of individual rights, directive principles of
state policy, and administrative procedures for clarity and unambiguity.