(Indian Polity) Salient Features of the Constitution of India

Salient Features of the Constitution of India

Longest Written Constitution

http://www.iasplanner.com/civilservices/images/indian-polity.pngThe Constitution of India is the longest written constitution. It originally contained a Preamble, 395 Articles in 22 Parts, 12 Schedules and 5 Appendices. (At present it contains 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments (out of 120 Constitution Amendment Bills). Constitution of U.S.A contains just 7 Articles, that of Canada 47 Articles and that of Australia 128.

PARTS OF THE CONSTITUTION

Part

Title

Articles

Part I

The Union and its Territory

Articles 1-4

Part II

Citizenship

Articles 5-11

Part III

Fundamental Rights

Articles 12-35

Part IV

Directive Principles of State Policy

Articles 35-51

Part IV-A

Fundamental Duties

Articles 51A

Part V

The Union

Articles 52-151

Part VI

The States

Articles 152-237

Part VII

Repealed

 

Part VIII

The Union Territories

 Articles 239-241

Part IX (added by 73rd Amendment Act)

The Panchayats

Articles 243-243O

Part IX-A (added by 74th Amendment Act)

The Municipalities

Articles 243P-243ZG

Part IX-B (added by 97th Amendment Act)

The Co-operative Societies

Articles 243ZH-243ZT

Part X

The Scheduled and tribal areas

Articles 244-244A

Part XI

Relation between the union and the States

Articles 245-263

Part XII

Finance, Property, Contracts and Suits

Articles 264-300A

Part XIII

Trade, Commerce and Intercourse within the territory of India

Articles 301-307

Part XIV

Services under the Union and the states

Articles 308-323

Part XIV-A (added by 42nd amendment act)

Tribunals

Articles 323A-323B

Part XV

Elections

Articles 324-329

Part XVI

Special provision relating to certain areas

Articles 330-342

Part XVII

Official Language

Articles 343-351

Part XVIII

Emergency Provision

Articles 352-360

Part XIX

Miscellaneous

Articles 361-367

Part XX

Amendment of the Constitution

Articles 368

Part XXI

Temporary, Transitional and Special provisions

Articles 369-392

Part XXII

Short title, Commencement, Authoritative text in Hindi and Repeals

Articles 393-395

 SCHEDULES TO THE CONSTITUTION OF INDIA

First Schedule

Contains the list of the States and Union Territories

Second  Schedule

It consists of five Part:

PART A: Emoluments to the President of India and the Governors of States.

Part B: Omitted by Constitution (Seventh Amendment) Act, 1956

Part C: Contains provisions about the Speaker/ Deputy Speaker or Chairman / Vice Chairman of the Lok Sabha, Rajya Sabha and State Legislative Assemblies or Councils.

Part D: Emolument of the judges of the Supreme Court and High Courts.

Part E: Provision of Comptrolier and Auditor General of India.

Third Schedule

Contains oaths and affirmations to be made by the Union and state Ministers, Members of Parliament, State Legislatures, CAG, Supreme Court and High Court judges.

Fourth Schedule

Allocation of seats of each state and Union Territories in the Council of States.

Fifth Schedule

Provision of administration and control of Scheduled Areas.

Sixth Schedule

Provision of administration of tribal areas of Assam, Meghalaya, Tripura and Mizoram and also about the administration in these areas.

Seventh Schedule

Distribution of powers between the Union and the State Government (Union list, State list and Concurrent list)

Eighth Schedule

The 22 languages recognized by the Constitution.

Ninth Schedule

Acts and rules that are protected by Article 31B- land reforms (Added by 1st Constitutional Amendment Act, 1951).

Tenth Schedule

Contains the provision of Anti-defection Law (introduced by 52nd Constitutional Amendment Act)

Eleventh Schedule

Contains the 29 subject over which the Panchayats have jurisdication (added by 73rd Constitution Amendment Act).

Twelfth Schedule

Contains the 18 subject over Which the Municipalities have jurisdiction (added by 74th Constitutional Amendment Act).

SOURCES OF INSPIRATION FOR CONSTITUTIONAL FEATURES

The architects of India Constitution went through all the them existing major Constitutions of the world before drafting their own and as Dr. Ambedkar observed, they tried to accommodate the best possible and time-tested features of each of them to the requirement of the country. But, the largest influence was exercised on them by the Government of India Act, 1935.

Country

Constitutional provisions borrowed

Government of India Act 1935

Federal scheme, Declaration of emergency powers, Ordinance making power of president and Governor, Office of Governor, Power of federal Judiciary, and Administrative structure both at Centre and state level

U.K (England)

Parliamentary System, Becameral Parliament, Prime Minister, Council of Ministers, Single Citizenship, Office of CAG, Writ jurisdiction of courts, Rule of law.

USA

Written Constitution, Fundamental Rights, Supreme Court, President as Executive Head of State, Vice President as Chairman of Council of States, and Judicial Review

Australia

Concurrent List, Cooperative Federalism, and Centre-State Relationship

Erstwhile USSR

Fundamental Duties

Germany (Weimer Constitution)

Provisions concerning suspension of Fundamental Rights during Emergency and Ballot system

Canada

Federal System and Residuary Powers

South Africa

Procedure of Constitutional Amendment and Electing members to Rajya Sabha

Ireland

Concept of Directive Principles of state Policy, Nomination of members to RS by President, and Method of Presidential election
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Indian Polity and Governance
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