The Federal and Unitary Features of Indian Constitution

Federal Features of Indian Constitution

Supremacy of the Constitution: The constitution is supreme. Both, the Union and the State Governments, shall work within the limits set by the Constitution and both the union government and the central government derive their powers from the constitution.

Written Constitution: The Constitution of India is a written constitution; it is the most elaborate Constitution of the world.

The Key Features of Indian Constitution

The long experience of authoritarian rule under the colonial state convinced Indians that free India should be a democracy in which everyone should be treated equally and be allowed to participate in government. Here are provided the key features of the Indian Constitution.

Some Important Amendments of the Constitution of India

The 1st Constitutional Amendment Act, 1951
In June 1951, the 1st Constitutional Amendment Act was passed, and the following Amendment in the Constitution were added: (i) To Article 15, a new clause (4) was added: (ii) changes were made in clauses (2) and (6) of Article 19; (iii) After Article 31, Article 31A and 31B were added; (iv) For Original Article 85, a new Article was substituted; (v) In Article 87, clauses (1) and (2) were restructured; (vi) For the Original Article 174, a new Article was substituted; (vii) In Article 176, clauses (1) and (2) were restructured: (viii) Clause (1) of Article 341 was restructured; and similarly, clause (1) of Article 342, sub-clause (a) of Article 342, sub clause (a) of clause (3) of Article 372, and clause (1) of Article 376 were also restructured; (ix) After the Eight Schedule to the Constitution a Ninth Schedule was added and thirteen laws passed by the State Legislatures were included in it so that those Acts might not be challenged in courts.

Schedules of Indian Constitution

The constitution of India at the time of adoption had only eight Schedules to which four more were added during the succeeding 60 years.

• First Schedule deals with territories of 28 states and seven union territories of the Indian Union.
• Second Schedule deals with salaries, allowances etc. of President, Vice President, Speaker, Judges of Supreme Court and High Courts, Comptroller and Auditor General etc.

Important Articles of the Constitution of India

Articles - Subject
Part I
Ar . 1 – 4 – The Union and its Territory

Part II

Art. 5 to 11 – Citizenship

Part – III : Fundamental Rights

Art. 14.  Equality before law.
Art. 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Art. 16.  Equality of opportunity in matters of public employment.
Art. 17.  Abolition of Untouchability.
Art. 18.  Abolition of titles.

Sources of the Indian Constitution

The frame of the constitution was built on the basis of Government of India Act, 1935. However, many ideas were brought from other constitutions of the world as listed below-

• Government of India Act 1935 - The federal scheme, Office of the Governor, Role of federal judiciary, Emergency provisions.
• UK Constitution - Law making procedures, Parliamentary Government, Rule of Law, Single citizenship, Cabinet system
• Canadian Constitution - Federal system, Federation with strong centre, Residuary powers in the centre

Members of Drafting Committee of Constitution of India

Drafting Committee, which bore the responsibility of drafting the Constitutional document during the recess of the Constituent Assembly, from July 1947 to Sept 1948, was formed on Aug 29, 1947.

Working of Constituent Assembly

• December 9, 1946 : The first meeting of Constituent Assembly was held in the constitution hall(now 'Central Hall of Parliament House'). Demanding a separate state, the Muslim League boycotted the meeting. Dr.Sanchidanand Sinha was elected as temporary President of Assembly following the French practice.

Committees under the Constituent Assembly

• Committee on the Rules of procedure - Rajendra Prasad
• Drafting Committee - B.R. Ambedkar
• Steering Committee - Rajendra Prasad

The Constituent Assembly and Making of Indian Constitution

The Constituent Assembly was set up while India was still under British rule, following negotiations between Indian leaders and members of the 1946 Cabinet Mission to India from the United Kingdom. The Assembly members were elected to it indirectly by the members of the individual provincial legislative assemblies, and initially included representatives for those provinces which came to form part of Pakistan, some of which are now within Bangladesh. The Constituent Assembly had 217 representatives, including 15 women.