What is Constitution of India?

– Introduction to the Constitution of India

The Indian Constitution is unique in both spirit and content. Notwithstanding the fact
that several features of the constitution have been borrowed from other constitutions
from all around the world, it is really a unique piece of work. The original constitution
have been considerably changed by the various amendments that have been brought
forth such as the 7th, 42nd, 44th, 73rd and 74th Amendments.
The basic principles and laws of a nation, state, or social group that determine the
powers and duties of the government and guarantee certain rights to the people in it. b
: a written instrument embodying the rules of a political or social organization.

Introduction to Indian Constitution

The framing of the Constitution was completed on November 26, 1949 when the
Constituent Assembly formally adopted the new Constitution. The Constitution came
into force with effect from January 26, 1950.

The Constitution contains the fundamental law of the land. It is the source of all
powers of, and limitations on, the three organs of State, viz.

The executive-managing

legislature - a group of people who have the power to make and change laws

Judiciary - the judges of a country or a state, when they are considered as a group

No action of the state would be valid unless it is permissible under the Constitution.
Therefore, it is imperative to have a clear understanding of the nature and working of
the Constitution.

Objectives of The Constitution

The Constitution of Independent India was framed in the background of about 200
years of colonial rule, mass-based freedom struggle, the national movement, partition
of the country and spread of communal violence. Therefore, the framers of the
Constitution were concerned about the aspirations of the people, integrity and unity of
the country and establishment of a democratic society. Their main was to give India a
‘Constitution’ which will fulfill the cherished ideas and ideals of the people of this
country.

The Constitution begins with a Preamble which declares India to be a Sovereign

(highest possible authority;King or queen), Socialist (economic or political
system), Secular (not concerned with religion), Democratic (all are equal), Republic
(a country that has an elected government and an elected leader). The Preamble also
mentions the goals of securing justice, liberty and equality for all its citizens and
promotion of national unity and integrity on the basis of fraternity among the people
assuring dignity of the individual.
Salient Features of the Indian Constitution
The main features of Indian Constitution are the following:

1. A written Constitution: The Indian Constitution is mainly a written constitution.

A written constitution is framed at a given time and comes into force or is adopted
on a fixed date as a document. As you have already read that our constitution was
framed over a period of 2 years, 11 months and 18 days, it was adopted on 26th
November, 1949 and enforced on January 26, 1950. Certain conventions have
gradually evolved over a period of time which have proved useful in the working
of the constitution.
2. Federal Policy: The Constitution of India does not use the term ‘federal state’. It
says that India is a ‘Union of States’. There is a distribution of powers between the
Union/Central Government and the State Governments. Since India is a
federation, such distribution of functions becomes necessary. There are three lists
of powers such as Union List, State List and the Concurrent List.

1. Parliamentary Democracy: India has a parliamentary form of democracy. This

has been adopted from the British system. In a parliamentary democracy there is a
close relationship between the legislature and the executive. The Cabinet is
selected from among the members of legislature. The cabinet is responsible to the
latter. In fact the Cabinet holds office so long as it enjoys the confidence of the
legislature. In this form of democracy, the Head of the State is nominal. In India,
the President is the Head of the State. Constitutionally the President enjoys
numerous powers but in practice the Council of Ministers headed by the Prime
Minister, which really exercises these powers. The President acts on the advice of
the Prime Minister and the Council of Ministers.
2. Fundamental Rights and Duties: Fundamental Rights are one of the important
features of the Indian Constitution. The Constitution provides for six Fundamental
Rights about which you will read in the following lesson. Fundamental Rights are
justiciable and are protected by the judiciary. In case of violation of any of these
rights one can move to the court of law for their protection.Fundamental Duties
were added to our Constitution by the 42nd Amendment. It lays down a list of ten
Fundamental Duties for all citizens of India. While the rights are given as
guarantees to the people, the duties are obligations which every citizen is expected
to perform.
3. Directive Principles of State Policy: The Directive Principles of State Policy
which have been adopted from the Irish Constitution, is another unique feature of
the Constitution of India. The Directive Principles were included in our
Constitution in order to provide social and economic justice to our people.
Directive Principles aim at establishing a welfare state in India where there will be
no concentration of wealth in the hands of a few.
4. Partly rigid and Partly flexible: A constitution may be called rigid or flexible on
the basis of its amending procedure. The Constitution of India provides for three
categories of amendments. In the first category, amendment can be done by the
two houses of Parliament simple majority of the members present and voting of
before sending it for the President’s assent. In the second category amendments
require a special majority. Such an amendment can be passed by each House of
Parliament by a majority of the total members of that House as well as by the
2/3rd majority of the members present and voting in each house of Parliament and
 send to the President for his assent which cannot be denied. In the third category
besides the special majority mentioned in the second category, the same has to be
approved also by at least 50% of the State legislatures.
5. Language Policy: India is a country where different languages are spoken in
various parts of the country. Hindi and English have been made official languages
of the central government. A state can adopt the language spoken by its people in
that state also as its official language.
6. Special Provisions for Scheduled Castes and Scheduled Tribes: The
Constitution provides for giving certain special concessions and privileges to the
members of these castes. Seats have been reserved for them in Parliament, State
legislature and local bodies, all government services and in all professional
colleges.
7. A Constitution Derived from Many Sources: The framers of our constitution
borrowed many things from the constitutions of various other countries and
included them in our constitution. That is why; some writers call Indian
Constitution a ‘bag of borrowings’.
8. Independent Judiciary: Indian judiciary is independent an impartial. The Indian
judiciary is free from the influence of the executive and the legislature. The judges
are appointed on the basis of their qualifications and cannot be removed easily.
9. Single Citizenship: In India there is only single citizenship. It means that every
Indian is a citizen of India, irrespective of the place of his/her residence or place of
birth. He/she is not a citizen of the Constituent State like Jharkhand, Uttaranchal
or Chattisgarh to which he/she may belong to but remains a citizen of India. All
the citizens of India can secure employment anywhere in the country and enjoy all
the rights equally in all the parts of India.
10. Universal Adult Franchise: Indian democracy functions on the basis of ‘one
person one vote’. Every citizen of India who is 18 years of age or above is entitled
to vote in the elections irrespective of caste, sex, race, religion or status. The
Indian Constitution establishes political equality in India through the method of
universal adult franchise.
11. Emergency Provisions: The Constitution makers also foresaw that there could be
situations when the government could not be run as in ordinary times. To cope
with such situations, the Constitution elaborates on emergency provisions. There
are three types of emergency; a) emergency caused by war, external aggression or
armed rebellion; b) emergency arising out of the failure of constitutional
machinery in states; and c) financial emergency.

Theory of Basic Structure

1. Supremacy of Constitution
2. Republican and Democratic form of Government

Important Amendments of the Constitution of India

The Indian Constitution is not a rigid constitution. It can be amended by the
Parliament following a few rules. There have been made many changes in the
Constitution of India. Some of the important amendments of the Indian Constitution
are:

1. 42nd Amendment
2. 44th Amendment

The 42nd Amendment is also known as the “Mini Constitution” because it made
several sweeping changes to the constitution. This was during the Emergency in 1976.
In 1973, the Supreme Court had ruled in the Kesavananda Bharati case that the
constituent power of the Parliament under Article 368 does not empower it to alter the
basic structure of the constitution.

Constitution of India – Preamble

The first constitution to start with a preamble was the American Constitution. The
Indian constitution also starts with one. The Preamble is basically the introduction or
preface to the constitution. It sums up the essence of the constitution. N A Palkhivala,
a constitutional expert, referred to the Preamble as the ‘Identity card of the
Constitution’.
The Preamble is based on Pandit Nehru’s Objective Resolution that he moved and
was adopted by the Constituent Assembly. The Preamble has been amended in 1976
by the 42nd Amendment which added words ‘socialist’(economc equality),
‘secular’(not concerned with religion) and ‘integrity’(state of being united) to it.

The Preamble reads:

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to
all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.”

Ingredients of the Preamble

The Preamble gives 4 components:
 1. Source of authority of the Constitution: it mentions that the constitution
derives its power from the people of India.
2. Nature of the Indian State: it says India is a sovereign, socialist, secular,
democratic and republican State.
3. Objectives of the Constitution: it gives the objectives as – justice, liberty,
equality and fraternity.
4. Constitution date of adoption: 26th November 1949

Is preamble a part of Yes, it is a part of the Indian constitution, also emphasized in Kesavananda
Indian Constitution? Bharti Case.

Who wrote the preamble The preamble of India contains tenets (principles) highlighted in the
of India? Objective Resolution drafted by Jawaharlal Nehru in 1946

How many preambles Only 1 preamble along with 22 parts and 12 schedules and 448 articles,
does the Indian Indian Constitution today exists
Constitution have?

What is the most Though no particular word has been given more importance than others,
important word in the however, ‘We, the people of India’ are the words which are termed as the
Preamble of India? most powerful in the Preamble to the Indian Constitution

Why do we need a It gives us fundamental values and highlights of the Constitution

Preamble?

In which case, did the Supreme Court declare passed a In Berubari Case (1960), SC declared
judgement that Preamble is not a part of Indian Constitution? Preamble not to be a part of Indian
Constitution

What is the Berubari case (1960)?

At the time of partition of India and Pakistan, the task of demarcation (marking of the
limits) of boundaries was assigned to Sir Radcliffe.(it was decided that task of
demarcation shall be assigned to a person who doesn’t know about geography of India
and never visited it. This was to ensure no bias while demarcation)

He distributed Thanas (Police station) between India and Pakistan and the boundaries
of such Thanas would going to be the ultimate boundary between India and Pakistan.

There was this Thana ‘Berubari’ in Jalpaigudi district of West Bengal. Radcliffe
awarded it to India but unfortunately it was not mentioned in the written text of the
award.
This gave opportunity to Pakistan to claim on Berubari, citing a reason that Berubari
falls in the map of Pakistan.

Dispute continued till Nehru-Noon agreement was signed in 1958 between India and
Pakistan. (Feroz shah Noon was the then PM of Pakistan)

In the agreement, the territory of Berubari Union was divided and distributed equally
between India and Pakistan. (Against the wishes of West Bengal govt)

After criticism, Union govt decided to refer matter to the supreme Court. (That’s why
case is named In Re Berubari Union )

Supreme Court said article 3 (c) give parliament a power to diminish state territory
but doesn’t give power to cede. Mere exercising power under article 3 is not
sufficient, Parliament has to bring an amendment to the Constitution using power and
procedure mentioned in article 368. (It should be noted that amendment using article 3
can be done by an ordinary majority in the parliament, but under Article 368, special
majority is required)

So 9th Constitutional Amendment Act 1960 was enacted to give effect to the
agreement.

Now you will also understand that why 100th Constitutional Amendment Act, which
allows to exchange enclaves between India and Bangladesh, was enacted in 2015.

Note- Supreme Court in 1969 ruled that, settlement of boundary dispute between
India and any other country doesn’t require constitutional amendment, it can be done
by an executive action (govt action), if it doesn’t involve cession of a territory.

Fundamental rights

It is a basic static portion of the syllabus but it is highly dynamic in the sense that it is
featured in the daily news in some form or the other.
6 fundamental rights of India:
 1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies

What are the Fundamental Rights?

Fundamental rights are the basic human rights enshrined in the Constitution of India
which are guaranteed to all citizens. They are applied without discrimination on the
basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable
by the courts, subject to certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them

2. They are justiciable (enforceable by courts). In case of a violation, a person
can approach a court of law.

List of Fundamental Rights

There are six fundamental rights of Indian Constitution along with the constitutional
articles related to them are mentioned below:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th
Constitutional Amendment.
This was because this right proved to be a hindrance towards attaining the goal of
socialism and redistributing wealth (property) equitably among the people.
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone, irrespective of religion, gender,
caste, race or place of birth. It ensures equal employment opportunities in the
government and insures against discrimination by the State in matters of employment
on the basis of caste, religion, etc. This right also includes the abolition of titles as
well as untouchability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The
Indian Constitution guarantees freedom to citizens. The freedom right includes many
rights such as:

Freedom of speech
Freedom of expression
Freedom of assembly without arms
Freedom of association
Freedom to practise any profession
Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality
and decency and friendly relations with foreign countries. This means that the State
has the right to impose reasonable restrictions on them.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms
of forced labour. It also implies the prohibition of children in factories, etc. The
Constitution prohibits the employment of children under 14 years in hazardous
conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all
religions. There is freedom of conscience, profession, practice and propagation of
religion. The State has no official religion. Every person has the right to freely
practice his or her faith, establish and maintain religious and charitable institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by
facilitating them to preserve their heritage and culture. Educational rights are for
ensuring education for everyone without any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are
violated, the aggrieved party can approach the courts. Citizens can even go directly to
the Supreme Court which can issue writs for enforcing fundamental rights.

Features of Fundamental Rights

Fundamental rights are different from ordinary legal rights in the manner in
which they are enforced. If a legal right is violated, the aggrieved person
cannot directly approach the SC bypassing the lower courts. He or she should
first approach the lower courts.
Some of the fundamental rights are available to all citizens while the rest are
for all persons (citizens and foreigners).
 Fundamental rights are not absolute rights. They have reasonable restrictions,
which means they are subject to the conditions of state security, public
morality and decency and friendly relations with foreign countries.
They are justiciable, implying they are enforceable by courts. People can
approach the SC directly in case of violation of fundamental rights.
Fundamental rights can be amended by the Parliament by a constitutional
amendment but only if the amendment does not alter the basic structure of the
Constitution.
Fundamental rights can be suspended during a national emergency. But, the
rights guaranteed under Articles 20 and 21 cannot be suspended.
The application of fundamental rights can be restricted in an area which has
been placed under martial law or military rule.

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights that are available only to citizens (and
not to foreigners):

1. Prohibition of discrimination on grounds of race, religion, caste, gender or

place of birth (Article 15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of freedom of:(Article 19)
1. Speech and expression
2. Association
3. Assembly
4. Movement
5. Residence
6. Profession
4. Protection of the culture, language and script of minorities (Article 29).
5. Right of minorities to establish and administer educational institutions (Article
30).

Fundamental Duties

The Government is planning to assign its different Ministries with the task of
spreading awareness about Fundamental duties among people.

 The idea of Fundamental Duties is inspired from the Constitution of Russia.

 These were incorporated in Part IV-A of the Constitution by
the 42nd Constitutional Amendment Act, 1976 on the recommendations of
Swaran Singh Committee.
 Originally 10 in number, one more duty was added through the
86th Constitutional Amendment Act, 2002. All the eleven duties are listed
in Article 51-A of the Constitution (the sole Article in Part-IV-A).
 The fundamental duties serve as a reminder to citizens that while enjoying their
rights, they have also to be quite conscious of duties they owe to their country,
their society and to their fellow-citizens.
 However, like the Directive Principles, the duties are also non-justiciable in
nature.
List of Fundamental Duties

 To abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem;
 To cherish and follow the noble ideals that inspired the national struggle for
freedom;
 To uphold and protect the sovereignty, unity and integrity of India;
 To defend the country and render national service when called upon to do so;
 To promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women;
 To value and preserve the rich heritage of the country’s composite culture;
 To protect and improve the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures;
 To develop scientific temper, humanism and the spirit of inquiry and reform;
 To safeguard public property and to abjure violence;
 To strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavour and achievement;
and
 To provide opportunities for education to his child or ward between the age of six
and fourteen years (added by the 86th Constitutional Amendment Act, 2002).

Parliamentary system

Parliamentary system has been taken from the United Kingdom because U.K.
constitution is the mother constitution of parliamentarianism. It is also called
ministerial or cabinet system. Cabinet or parliamentary form of government is that in
which; Legislature and executive are closely related and share powers with each
other. Cabinet is formed by the parliament and parliament is the superior organ.
There are two executives i.e. the elected president or king and the Prime Minister.
President represents state and Prime Minister represents government. Cabinet is
responsible before the legislature.
The democratic system of government can be divided into the parliamentary and the
presidential system based on the relationship between the executive and the
legislature. In a parliamentary system, executive is a part of legislature, which
implements the law and plays an active role in framing it as well.

Features of Parliamentary System

Elements and Features of Parliamentary System are;

1. Nominal and Real Head: The head of the state holds a ceremonial position and is
the nominal executive. For example, the President.

2. In India, the head of government is the Prime Minister who is the real executive.
Article 75 of the Indian constitution provides for a Prime Minister to be appointed by
the president. According to Article 74, the Prime Minister headed council of ministers
would aid and advise the President in the exercise of his functions.

3.Executive is a Part of Legislature: The Executive forms a part of the legislature.

In India, the person should be a member of parliament to become a member of the
executive. However, the constitution provides that a person can be appointed as a
minister for a period of not more than six consecutive months if he is not a member of
the parliament, after which the person ceases to be a minister.

4. Majority Party Rule: The party which wins majority seats in the elections of the
Lower House forms the government. In India, the President invites the leader of the
majority party in Lok Sabha to form the government. The President appoints the
leader as the Prime Minister and the other ministers are appointed by the President on
the advice of the Prime Minister. The President may invite a coalition of parties to
form the government, in case, no party has got majority.

5. Collective Responsibility: The council of ministers are collectively responsible to

the parliament. The lower house of parliament has an ability to dismiss a government
by getting the no confidence motion passed in the house. In India, the government
survives till the time it enjoys support of the majority of members in the Lok Sabha.
Thus, Lok Sabha is empowered to introduce no-confidence motion against the
government.

6.Prime Minister as the Centre of Power: In India, the Prime Minister is the real
executive. He is the head of the government, the council of ministers and the ruling
government. Thus, he has to play a significant and important role in the working of
the government.

7. A Parliamentary Opposition: No government in the parliament can get hundred

percent majority. The opposition plays an important role in checking the arbitrary use
of authority by the political executive.

8. Independent Civil Service: The civil servants advice and implement decisions of
the government. Civil servants hold permanent appointments based on merit-based
selection process. They ensure continuity of employment even when the government
changes. The civil service also ensures efficiency in execution of duties and
responsibilities.
9. Bicameral Legislature: Most of the countries following parliamentary system,
including India, have bicameral legislature. The members of the Lower House of all
these countries are elected by the people. The Lower House can be dissolved, in case,
the term of the government is over or there is no scope of government formation due
to lack of majority in house. In India, the President can dissolve the Lok Sabha on
recommendation of the Prime Minister.

10. Secrecy: The members of the executive in this system have to follow the principle
of secrecy in matters such as proceedings, executive meetings, policymaking etc. In
India, the ministers take oath of secrecy before entering their office.

Advantages of Parliamentary System

The parliamentary system has the following advantages over the presidential system:

1. Represents Diverse Group: The parliamentary form of government provides

opportunity to various ethnically, racially, linguistically and ideologically diverse
groups to share their views in framing of laws and policymaking. Countries, such as
India, which have high level of diversity enables accommodation by providing
political space to various diverse sections of the society.

2. Better Co-Ordination Between Legislature and Executive: The executive is a

part of the legislature. As the government enjoys the support of majority of members
in the lower house, the tendency of disputes and conflicts decreases. It makes easy for
the government to pass the legislation in the parliament and implement them.

3. Prevents Authoritarianism: In a parliamentary system, the tendency of

authoritarianism decreases as the power is vested in the council of minister rather than
a single individual. The parliament can remove the government through no-
confidence motion.

4. Responsible Government: The parliament can check the activities of the executive
as the latter is responsible to the former. In a presidential system, the president is not
responsible to the legislature. The members of the parliament can ask question, move
resolutions, and discuss matters of public importance to pressurize the government.
Such provisions are not available in Presidential system.

5. Availability of Alternate Government: The lower house of the parliament can

introduce and pass a no-confidence motion. In such a situation, the head of the state
invites the leader of the opposition party to form the government. In the United
Kingdom, the opposition forms a shadow cabinet for the cabinet of the government,
so that they can become ready for the role.

Functions of Parliament
The functions of the Parliament are mentioned in the Indian Constitution in Chapter II
of Part V. The functions of the Parliament can be classified under several heads. They
are discussed below:
Legislative Functions
 The Parliament legislates on all matters mentioned in the Union List and the
Concurrent List.
In the case of the Concurrent List, where the state legislatures and the
Parliament have joint jurisdiction, the union law will prevail over the states
unless the state law had received the earlier presidential assent. However, the
Parliament can any time, enact a law adding to, amending, varying or
repealing a law made by a state legislature.
The Parliament can also pass laws on items in the State List under the
following circumstances:
If Emergency is in operation, or any state is placed under President’s
Rule (Article 356), the Parliament can enact laws on items in the State
List as well.
As per Article 249, the Parliament can make laws on items in the State
List if the Rajya Sabha passes a resolution by ⅔ majority of its
members present and voting, that it is necessary for the Parliament to
make laws on any item enumerated in the State List, in the national
interest.
As per Article 253, it can pass laws on the State List items if it is
required for the implementation of international agreements or treaties
with foreign powers.
According to Article 252, if the legislatures of two or more states pass
a resolution to the effect that it is desirable to have a parliamentary law
on any item listed in the State List, the Parliament can make laws for
those states.
Executive Functions (Control over the Executive)
In the parliamentary form of government, the executive is responsible to the
legislature. Hence, the Parliament exercises control over the executive by several
measures.

By a vote of no-confidence, the Parliament can remove the Cabinet

(executive) out of power. It can reject a budget proposal or any other bill
brought by the Cabinet. A motion of no-confidence is passed to remove a
government from office.
The MPs (Members of Parliament) can ask questions to the ministers on their
ommissions and commissions. Any lapses on the part of the government can
be exposed in the Parliament.
Adjournment Motion: Allowed only in the Lok Sabha, the chief objective of
the adjournment motion is to draw the attention of the Parliament to any recent
issue of urgent public interest. It is considered an extraordinary tool in
Parliament as the normal business is affected.
The Parliament appoints a Committee on Ministerial Assurances that sees
whether the promises made by the ministers to the Parliament are fulfilled or
not.
Censure Motion: A censure motion is moved by the opposition party
members in the House to strongly disapprove any policy of the government. It
can be moved only in the Lok Sabha. Immediately after a censure motion is
passed, the government has to seek the confidence of the House. Unlike in the
 case of the no-confidence motion, the Council of Ministers need not resign if
the censure motion is passed.
Cut Motion: A cut motion is used to oppose any demand in the financial bill
brought by the government.

Financial Functions
Parliament is the ultimate authority when it comes to finances. The Executive cannot
spend a single pie without parliamentary approval.

The Union Budget prepared by the Cabinet is submitted for approval by the

Parliament. All proposals to impose taxes should also be approved by the
Parliament.
There are two standing committees (Public Accounts Committee and
Estimates Committee) of the

Parliament to keep a check on how the executive spends the money granted to
it by the legislature. You can also read on parliamentary committees.
Also see: Money Bills.
Amending Powers
The Parliament has the power to amend the Constitution of India. Both Houses of the
Parliament have equal powers as far as amending the Constitution is concerned.
Amendments will have to be passed in both the Lok Sabha and the Rajya Sabha for
them to be effective.
Electoral Functions
The Parliament takes part in the election of the President and the Vice President. The
electoral college that elects the President comprises of, among others, the elected
members of both Houses. The President can be removed by a resolution passed by the
Rajya Sabha agreed to by the Lok Sabha.
Judicial Functions
In case of breach of privilege by members of the House, the Parliament has punitive
powers to punish them. A breach of privilege is when there is an infringement of any
of the privileges enjoyed by the MPs.

A privilege motion is moved by a member when he feels that a minister or any

member has committed a breach of privilege of the House or one or more of
its members by withholding facts of a case or by giving wrong or distorted
facts.

In the parliamentary system, legislative privileges are immune to judicial

control.
The power of the Parliament to punish its members is also generally not
subject to judicial review.
 Other judicial functions of the Parliament include the power to impeach the
President, the Vice President, the judges of the Supreme Court, High Courts,
Auditor-General, etc.
Other powers/functions of the Parliament

Issues of national and international importance are discussed in the

Parliament. The opposition plays an important role in this regard and ensures
that the country is aware of alternate viewpoints.
A Parliament is sometimes talked of as a ‘nation in miniature’.
In a democracy, the Parliament plays the vital function of deliberating matters
of importance before laws or resolutions are passed.
The Parliament has the power to alter, decrease or increase the boundaries of
states/UTs.
The Parliament also functions as an organ of information. The ministers are
bound to provide information in the Houses when demanded by the members.
Federalism is a system of government in which powers have been divided between
the centre and its constituent parts such as states or provinces. It is an institutional
mechanism to accommodate two sets of politics, one at the centre or national level
and second at the regional or provincial level. It makes an important part of Indian
Polity syllabus of the IAS Exam. This article will introduce you to Federalism in India
notes.

Indian Federal System – Two Types of Federations

In a federation system, there are two seats of power that are autonomous(independent)
in their own spheres. A federal system is different from a unitary system in that
sovereignty is constitutionally split between two territorial levels so that each level
can act independently of each other in some areas.
There are two kinds of federations:

1. Holding Together Federation (remain united)– In this type, powers are

shared between various constituent parts to accommodate the diversity in the
whole entity. Here, powers are generally tilted towards the central authority.
Example: India, Spain, Belgium.
2. Coming Together Federation (to join) – In this type, independent states
come together to form a larger unit. Here, states enjoy more autonomy as
compared to the holding together kind of federation. Example: USA,
Australia, Switzerland.

Features of the Federal System of India

1. Dual government polity

2. Division of powers between various levels
3. Rigidity of constitution
4. Independence judiciary
5. Dual citizenship
6. Bicameralism (having two branches)
All federations might not have all the above features. Some of them may be
incorporated depending on what type of federation it is.

Federalism in India
India is a federal system but with more tilt towards a unitary system of government. It
is sometimes considered a quasi-federal system as it has features of both a federal and
a unitary system. Article 1 of the Indian Constitution states, ‘India, that is Bharat,
shall be a union of states’. The word federation is not mentioned in the constitution.
Elements of federalism were introduced into modern India by the Government of
India Act of 1919 which separated powers between the centre and the provincial
legislatures.

Federal Features of the Indian Union

Governments at two levels – centre and states

Division of powers between the centre and states – there are three lists given
in the Seventh Schedule of the Constitution which gives the subjects each
level has jurisdiction in:
Union List
State List
Concurrent List
Supremacy of the constitution – the basic structure of the constitution is
indestructible as laid out by the judiciary. The constitution is the supreme law
in India.
Independent judiciary – the constitution provides for an independent and
integrated judiciary. The lower and district courts are at the bottom levels, the
high courts are at the state levels and at the topmost position is the Supreme
Court of India. All courts are subordinate to the Supreme Court.

Unitary Features of the Indian Union

The flexibility of the constitution – the constitution is a blend of flexibility

and rigidity. Certain provisions of the constitution can be easily amended. In
case the amendments seek to change aspects of federalism in India, the
provision to bring about such amendments is not easy.
More power vests with the Centre – the constitution guarantees more
powers with the Union List. On the Concurrent List subjects, the parliament
can make laws that can override the laws made by a state legislature on some
matters. The parliament can also make laws regarding certain subjects in the
State List.
Unequal representation of states in the Rajya Sabha – the representation of
the states in the upper house is based on the states’ populations. For example,
Uttar Pradesh has 31 seats and Goa, 1 in the Rajya Sabha. In an ideal federal
system, all the states should have equal representation.
 The executive is a part of the legislature – in India, the executive in both the
centre and the states is a part of the legislature. This goes against the principle
of division of powers between the different organs of the government.
Lok Sabha is more powerful than the Rajya Sabha – in our system, the Lok
Sabha is more powerful than the upper house and unequal powers to two
houses is against the principle of federalism.
Emergency powers – the centre is provided with emergency powers. When
an emergency is imposed, the centre has increased control over states. This
undermines the autonomy of the states. (You may also read about President’s
rule – Article 356 in the linked article.)
Integrated judiciary – the judiciary in India is integrated. There is no
separate judiciary at the centre and the state levels. (Gain more information
about Indian Judiciary from the notes mentioned in the linked article. )
Single citizenship – in India, only single citizenship is available to citizens.
They cannot be citizens of the state as well. This helps in increasing the
feeling of nationality as it forges unity amidst regional and cultural
differences. It also augments fundamental rights such as the freedom of
movement and residence in any part of the nation.

Governor’s appointment – the governor of a state acts as the centre’s

representative in the state. The state government does not appoint the
governor, the centre does.
New states formation – the parliament has the power to alter the territory of a
state by increasing or reducing the area of the state. It can also change the
name of a state.
All India Services – through the All India Services such as the IAS, IPS, etc.
the centre interferes in the executive powers of the states. These services also
offer uniformity in administration throughout the nation.
Integrated election machinery – the Election Commission of India is
responsible for conducting free and fair elections at both the centre and the
state levels in India. The members of the EC is appointed by the president.
Veto over states bills – The governor of a state can reserve certain kinds of
bills for the president’s consideration. The president enjoys absolute veto on
these bills. He can even reject the bill at the second instance that is when the
bill is sent after reconsideration by the state legislature. This provision is a
departure from the principles of federalism.
Integrated audit machinery – the president of the country appoints
the CAG who audits accounts of both the centre and the states.
Power to remove key officials – the state government or state legislature does
not have the authority to remove certain key government officials even at the
state level like the election commissioner of a state, judges of the high courts,
or the chairman of the state public service commissions.

Emergency Provisions: National Emergency

When the Constitution of India was being drafted, India was passing through a period
of stress and strain. Partition of the country, communal riots and the problem
concerning the merger of princely states including Kashmir. Thus, the Constitution-
makers thought to equip the Central Government with the necessary authority, so that,
in the hour of emergency, when the security and stability of the country is threatened
by internal and external threats. Therefore, some emergency provisions were made in
Constitution to safeguard and protect the security, integrity and stability of the
country and effective functioning of State Governments.

Objectives

After studying this lesson, you will be able to

1. recognise that the Union Government has no option except to assume

extraordinary powers in emergencies;

2. identify the situations in which the President can proclaim a state of National
Emergency under Article 352;

3. describe the various effects of National Emergency relating to the executive,

legislative, and financial matters, with special reference to the fundamental Rights;

4. cite examples of National Emergencies proclaimed in the country with their

duration and effect; l describe the circumstances in which the President can make a
proclamation under Article 356 imposing President’s Rule in a state;

5. cite a few examples when such proclamations were made due to the breakdown of
constitutional machinery;

6. recall that imposition of President’s Rule has often been controversial in the
context of smooth Centre – State relations;

Proclamation of National Emergency (Article 352)

The Constitution of India has provided for imposition of emergency caused by war,
external aggression or internal rebellion. This is described as the National Emergency.
This type of emergency can be declared by the President of India if he is satisfied that
the situation is very grave and the security of India or any part thereof is threatened or
is likely to be threatened either (i) by war or external aggression or (ii) by armed
rebellion within the country. The President can issue such a proclamation even on the
ground of threat of war or aggression. According to the 44th Amendment of the
Constitution, the President can declare such an emergency only if the Cabinet
recommends in writing to do so.

Effects of National Emergency

The declaration of National Emergency has far-reaching effects both on the rights of
individuals and the autonomy of the states in the following manner :
(i) The most significant effect is that the federal form of the Constitution changes into
unitary. The authority of the Centre increases and the Parliament assumes the power
to make laws for the entire country or any part thereof, even in respect of subjects
mentioned in the State List.

(ii) The President of India can issue directions to the states as to the manner in which
the executive power of the states is to be exercised.

(iii) During this period, the Lok Sabha can extend its tenure by a period of one year at
a time. But the same cannot be extended beyond six months after the proclamation
ceases to operate. The tenure of State Assemblies can also be extended in the same
manner.

(iv) During emergency, the President is empowered to modify the provisions

regarding distribution of revenues between the Union and the States.

(v) The Fundamental Rights under Article 19 about which you have already learnt are
automatically suspended and this suspension continues till the end of the emergency.
But according to the 44thAmendment, Freedoms listed in Article 19 can be suspended
only in case of proclamation on the ground of war or external aggression.

Emergency due to Failure of Constitutional Machinery in a State

It is the duty of the Union Government to ensure that governance of a State is carried
on in accordance with the provisions of the Constitution. Under Article 356, the
President may issue a proclamation to impose emergency in a state if he is satisfied on
receipt of a report from the Governor of the State, or otherwise, that a situation has
arisen under which the Government of the State cannot be carried on smoothly. In
such a situation, proclamation of emergency by the President is called ‘proclamation
on account of the failure (or breakdown) of constitutional machinery.’ In popular
language it is called the President’s Rule.

Effects of Imposition of President’s Rule in a State

The declaration of emergency due to the breakdown of Constitutional machinery in a

State has the following effects:
(i) The President can assume to himself all or any of the functions of the State
Government or he may vest all or any of those functions with the Governor or any
other executive authority.
(ii) The President may dissolve the State Legislative Assembly or put it under
suspension. He may authorise the Parliament to make laws on behalf of the State
Legislature.
(iii) The President can make any other incidental or consequential provision necessary
to give effect to the object of proclamation.

Financial Emergency
The third type of Emergency is Financial Emergency provided under Article 360. It
provides that if the President is satisfied that the financial stability or credit of India or
any of its part is in danger, he may declare a state of Financial Emergency. Like the
other two types of emergencies, it has also to be approved by the Parliament. It must
be approved by both Houses of Parliament within two months. Financial Emergency
can operate as long as the situation demands and may be revoked by a subsequent
proclamation.
Effects of Financial Emergency
The proclamation of Financial Emergency may have the following consequences:
(a) The Union Government may give direction to any of the States regarding financial
matters.
(b) The President may ask the States to reduce the salaries and allowances of all or
any class of persons in government service.
(c) The President may ask the States to reserve all the money bills for the
consideration of the Parliament after they have been passed by the State Legislature.
(d) The President may also give directions for the reduction of salaries and allowances
of the Central Government employees including the Judges of the Supreme Court and
the High Courts. So far, fortunately, financial emergency has never been proclaimed.
Local Self Government
In your day-to-day life you require such basic facilities as water supply, drainage,
garbage disposal, public health and sanitation. You may have watched such activities
as installation or repairing of street lights, construction or repairing of roads or say
renovation of a village tank . Who does all this? It is not the Central or the State
government which immediately comes to your mind. It is the local government with
which you can immediately relate yourself. In this leeson you will study about local
government at various levels.
Objectives
After studying this lesson, you will be able to:
1. appreciate that the local government has an important role to play both in the rural
as well as urban areas;
2. describe the salient features of the 73rd and 74th amendments of the Constitution;
3. describe the organisation and functions of the local bodies (Urban and Rural);
4. identify the financial resources of local bodies; l explain the functions of local
bodies;
5. evaluate the performance of Panchayati Raj institutions as instruments of
democratic decentralisation (grassroots democracy)
Urban Local Bodies
In our towns and cities, we have local government institutions that are called
Municipalities and Municipal Corporations. An urban area is usually a compact and
densely populated area. Municipal administration is necessary to provide basic civic
facilities like water supply, drainage, garbage disposal, public health, primary
education, construction and maintenance .
Urban and Rural of roads and sanitation. As local level democratic government, the
municipal institutions Structure of Government that are elected by the local people,
raise taxes and collect fees and fines from the public. They regulate city life by laying
down regulations regarding buildings, road network and garbage disposal. There are
many developmental activities undertaken by them like women and child
development, slums improvement etc. Municipal government has made possible
participative urban development and local management of civic facilities.

Function of Urban Local Bodies

It is a common practice to divide the organisation of a corporation or a municipality
into two parts:
(a) the deliberative, and (b) the executive part.
1. The corporation, council or municipal board or council consisting of the elected
representatives of the people constitutes the deliberative part.
2. It acts like a legislature.
3. It discusses and debates on general municipal policies and performance, passes the
budget of the urban local body, frames broad policies relating to taxation, raising of
resources, pricing of services and other aspects of municipal administration.
4. It keeps an eye on municipal administration and holds the executive accountable
for what is done or not done. For instance, if water supply is not being properly
managed, or there is an outbreak of epidemic, the deliberative wing criticises the role
of the administration and suggests measures for improvement.
5. The executive part of municipal administration is looked after by the municipal
officers and other permanent employees.