Basic features of Indian constitution:
Indian constitution is the lengthiest constitution with 443 articles, 26 parts and 12 schedules Previously there were 395 articles, 22 parts and 9 schedules. 2.
Indian constitution was adopted on 26th November 1949.
Indian constitution was enforced on 26thJanuary 1950.
Fundamental rights – USA
Justifiable(enforceable in court) 5.
Directive principles- Ireland
not Justifiable(enforceable in court) 6.
42nd amendment act, 1976 not Justifiable 7.
India is a federal state i.e. has two governments one at the centre and the other at the state level unlike a unitary government which only has one government. 8.
Though the written constitution are rigid. Indian constitution is rigid as well as flexible because some articles can be amended by a simple majority of the parliament whereas some articles can be amended only by a resolution passed and approved by at least half of the state legislatures. 9.
India has a parliamentary government not a presidential one in which there is executive and legislative function is in the same people 10.
Single integrated judiciary unlike in USA- federal and state 12.
Single citizenship unlike in USA- federal and state
Universal adult franchise adult suffrage-Article 326 (right to vote to adult)
We the people of india having solemly resolved to constitute india into a sovereign socialist secular democratic republic and to secure to all of its citizens : Justice- social economic, poltical
Liberty – of thought , expression, belief, faith, worship; Equality of opportunity and status; and to promote among them all Fraternity assuring the dignity of individual and unity and integrity of the nation
The preamble sets out the purpose for which the constitution is framed. it is the gist of the constitution. 2.
The words socialist and secular were added into the preamble by the 42 amendment Act 1976. 3.
The words “Unity and Integrity ” have replaced the words” unity of the nation” by the 42nd amendment Act 1976. 4.
The preamble was adopted by the constituent assembly after the draft constitution had been approved. 5.
Preamble is a part of the constitution
Sovereign-supreme internally as well as externally
Socialist- control of state over all means of production- social and economic equality 8.
Secular- equality of all religions and equal tolerance of all religions. No discrimination- article- 25 to 28 and 15(1) 16(2) 9.
Democratic- The people of India elect their governments at all levels (Union, State and local) by a system of universal adult suffrage (article 326); popularly known as "one man one vote". 10.
Republic- no heredity monarch but elected representative 11.
Preamble is not enforceable in the court of law.
Article 14 to 35
Fundamental rights are available only against the State and not against private individual Article 12
Definition of State
“Unless the context otherwise requires the term state includes the following - executive and legislature of union and states; all local or other authorities within the territory of india or under the control of government.” Other authorities -meaning
Electricity board of Rajasthan vs Mohan Lal
Ejusdem generis (authorities of like nature) is not applicable as the authorities mentioned in article 12 do not have any common genus. Thus in the above case and in sukhdev singh vs bhagat ram the apex court held that it is not necessary that the authority to be included in the definition state should be engaged in discharging any sovereign or governmental function, but the following should be satisfied: •
It should be created by the constitution or by a statute. •
Its power are conferred by law
However in RD shetty vs international airport authority 1975 The court observed that a corporation can be a within the meaning of state if it is acting as...
Please join StudyMode to read the full document