SOURCES of Constitution–
GoI Act, 1935 | Federal Scheme, Governor, Public Service Commission, Emergency Provisions, Administrative details, Structural part |
British | Parliamentary Govt, Rule of Law, Legislative procedure, Single Citizenship, Cabinet System, Prerogative writs, Parliamentary privileges, Bicameralism, First Past the Post, Speaker |
US | FR, Judiciary independence & review, President impeachment, Removal of SC, HC judges, Vice President post |
Canada | Federation with strong Centre, Residuary powers with Centre, Appointment of State Governors by Centre, SC advisory jurisdiction |
Irish | DPSP, Nomination of members to RS, Election of President |
Australia | Concurrent list, Freedom of trade, commerce & inter-course, Parliament joint sitting |
Germany | Suspension of FR during Emergency |
USSR | Fundamental Duties, Justice – social, economic, political in Preamble |
French | Republic, Ideals of Liberty, Equality, Fraternity in Preamble |
South Africa | Procedure for Amendment, Election of members to RS |
Japan | Procedure established by Law |
SCHEDULES– TEARS OF OLD PM
- T – Territory – Names of states, UTs, their territorial jurisdiction.
- E – Emoluments/Salary/Privileges of President, Governors, Speaker Deputy Speaker of LS & State, Chairman Deputy Chairman of RS & Legislative Council, Judges of SC HC, CAG.
- A – Affirmation/Oath –
- R – Rajya Sabha – Allocation of seats in Rajya Sabha
- S – Scheduled Tribes – Administration & control of Scheduled Areas and Scheduled Tribes
- O – Other Tribes – Administration of tribal areas in Assam, Meghalaya, Tripura, Mizoram
- F – Federal – Division of Powers between Union & State in terms of list
- O – Official Language recognised by Constitution
- L – Land Reforms – Acts & Regulations of State legislatures dealing with land reforms & abolition of Zamindari System and of Parliament dealing with other matters. Added by 1st Amendment to protect laws included in it from judicial scrutiny on FR violation. In 2007, SC ruled laws included in this after April 24, 1973 open to judicial review.
- D – Defection – Anti Defection Law
- P – Panchayati Raj
- M – Municipalities– Its power, authority
Features of Constitution–
- Lengthiest Written Constitution- Presently it consists of 465 Articles, 25 Parts, 12 Schedules. Factors of large size- Vastness of country, diversity. Influence of GoI Act, 1935. Single Constitution for Centre & States. Dominance of lawyers. Structural part derived from
- Secular State– No official religion of Indian State. Term ‘secular‘ added to Preamble by 42 AA. Western concept of Secularism- complete separation between religion and State. Indian Constitution embodies positive concept of secularism i.e. giving equal respect to all religions or protecting all religions equally.
CRITICISM–
- Borrowed Constitution
- Sir Ivor Jennings said Constitution derives directly from GoI Act, 1935.
- Does not contain philosophy and ideals of Mahatma Gandhi.