Saturday, 27 June 2020

Indian constitution

         INDIAN POLITY AND CONSTITUTION 
                      THE REPUBLIC OF INDIA

  • INDIA,a union of states,is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government .The Republic is governed in terms of the constitution ,which was adopted by constituent assembly on November 26 ,1949 and came in to force on January 26,1950. 
     
  1. The Constitution which envisages parliamentry form of government is federal in structure with unitary features.The president of india is the constitutional head executive of the union.
  2. Article74[1] of the constitution provides that three shall be a council of ministers with prime minister as its head to aid and advise the president who shall in exerciseof his functions,act in accordance with such advice .The real executive power thus vests in the council of ministers with prime minister as its head.
  3. The council of ministers is collectively responsible to the house of the people [LOK SABHA].Similarly,in states,the governor is the head of executive,but it is the council of ministers with the chief minister as its head in whom real executive power vests.
  4. The council of ministers of a state is collectively responsible to the legislative assembly of the state.
  5. The constitution distributes legislative power between parliament and state legislatures and provides for vesting of residual poers in parliament.The power to amend the constituion also vests in parliament.
  6. Th constitution has provision for independence of judiciary,comptroller and Auditor-genwral,public service commissions and chief election commission.  
      
  • OUR CONSTITUTION
  • Our Constitution ;Our present constitution -the first constitution of india framed and given to themselves by the people of india was adopted by the the constituent assembly on 26 november,1949.It came into full operation with effect from 26 january 1950.The constitution as originally adopted has 22 parts,395 articles and 8 schedules.Its present text is as amended from time to time by the government of india.
  • Evolution of india constitution
  • Athough the systems of ancient india do have their reflections in the constitutionof india,the direct sources of the constitutionlie in the administrative and legislative developments of the british period.A CONCISE AND CHRONOGICAL DESCIPTION of the acts,documents and events that culminated in the framing of the Worlds Largest written constitution. 
  • FEDERAL FEATURES OF THE INDIAN CONSTITUTION
  • Distribution of powers between cental and the states governments has been made as per the three lists.
  • The central government as well as the state governmets have to function strictly in accordance with the constitution.They can neither alter the distribution of powerss nor over ride the dictaes of the constitution.
  • Indian constitution is entirely written.An amendment to it mus be passed by the parliament and if an amendment affects the federal structure it must be raified by at least half the state legislatures.
  • Like other federal states our country also has an independent judiciary as an essential feature.
  • UNITARY FEATURES OF INDIAN CONSTITUTION 
  • In a federation,people enjoy dual citizenship,that of the centre and of the state to which they belong.But the Indain Constitution provieds evry indian with single citizenship.
  • The most important subjects are included in the union list whcih has been allocated to the centre.
  • The centre can legislate on the subjects in the concurrent list.
  • Residuary powers belong to the centre.
  • Single cosntituional framework has been provided for the centre as well as for the state.
  • The proclamtion of national emergency can immediatelyturn the federal system of india into a unitary one.
  • In a federation each state should get equal representation irrespective of its size or population .But in the RAJYA SABHA in india ,states are represented on the basis of population.Besides,the president has the power to nominate twelve memebers to RAJYA SABHA.
  • The governors of the states are appointed by the president and they continue to hold office only during his pleasure.
  • The constitution provides for single judiciary a single system of civil and criminal law and command ALL INDIA SERVICES.
  • The authority of the comptoller and auditor general and the chief election commissioner uniformly prevails over the union as well as states.

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