Indian Constitution

Cheatsheet Content

### Salient Features of the Indian Constitution - **Longest Written Constitution:** Comprehensive and detailed, initially 395 articles, 22 parts, and 8 schedules. - **Blend of Rigidity and Flexibility:** Some provisions can be amended by a simple majority, others require a special majority, and some require a special majority plus ratification by half of the state legislatures. - **Federal System with Unitary Bias:** Division of powers between Union and State governments, but with a strong central government (e.g., during emergencies). - **Parliamentary Form of Government:** Based on the Westminster model, with a President as nominal head and Prime Minister as real executive head. - **Secular State:** No official religion, all religions treated equally. - **Independent Judiciary:** Judiciary is separate from the executive and legislature, ensuring impartiality. - **Fundamental Rights:** Guarantees basic rights to citizens. - **Directive Principles of State Policy (DPSP):** Guidelines for the state to promote social and economic justice. - **Fundamental Duties:** Moral obligations of citizens. - **Universal Adult Franchise:** Every citizen above 18 years has the right to vote. ### Fundamental Rights Guaranteed by Part III of the Constitution (Articles 12-35). Enforceable by courts. - **Right to Equality (Articles 14-18):** Equality before law, no discrimination on grounds of religion, race, caste, sex, or place of birth. - **Right to Freedom (Articles 19-22):** Freedom of speech and expression, assembly, association, movement, residence, and profession. Protection in respect of conviction for offenses, protection of life and personal liberty, and protection against arrest and detention in certain cases. - **Right against Exploitation (Articles 23-24):** Prohibition of human trafficking and forced labor, prohibition of employment of children in factories. - **Right to Freedom of Religion (Articles 25-28):** Freedom of conscience and free profession, practice, and propagation of religion. - **Cultural and Educational Rights (Articles 29-30):** Protection of interests of minorities, right of minorities to establish and administer educational institutions. - **Right to Constitutional Remedies (Article 32):** Right to move the Supreme Court for enforcement of Fundamental Rights (includes writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto). ### Fundamental Duties and their Importance Added by the 42nd Amendment Act of 1976, based on the Swaran Singh Committee recommendations. Listed in Part IV-A (Article 51A). - **Importance:** - Serve as a reminder to citizens that while enjoying their rights, they also have duties towards the nation. - Help in promoting a sense of discipline and commitment towards the nation. - Act as a source of inspiration for citizens and promote a sense of patriotism. - Help the courts in examining the constitutionality of a law. - **Key Duties include:** Abiding by the Constitution, cherishing noble ideals of the freedom struggle, upholding sovereignty and integrity of India, defending the country, promoting harmony, valuing rich heritage, protecting environment, developing scientific temper, safeguarding public property, and striving for excellence. ### Powers and Functions of the President of India The President is the nominal head of the executive, legislature, and judiciary. - **Executive Powers:** - Appoints the Prime Minister and other ministers, Chief Justice and judges of Supreme Court and High Courts, Governors, Ambassadors. - All executive actions of the Union Government are formally taken in his name. - **Legislative Powers:** - Summons and prorogues Parliament, dissolves the Lok Sabha. - Addresses Parliament, sends messages to Parliament. - Assents to bills (can withhold assent or return for reconsideration, except money bills). - Promulgates ordinances when Parliament is not in session. - **Financial Powers:** - Money bills require his prior recommendation. - Causes the Union Budget to be laid before Parliament. - **Judicial Powers:** - Appoints judges of Supreme Court and High Courts. - Can grant pardons, reprieves, respites, remissions of punishment, or suspend, remit, or commute the sentence of any person. - **Emergency Powers:** - Can declare National Emergency (Art. 352), State Emergency (President's Rule, Art. 356), and Financial Emergency (Art. 360). - **Military Powers:** Supreme Commander of the armed forces. - **Diplomatic Powers:** Represents India in international forums. ### Role and Powers of the Prime Minister of India The Prime Minister is the real executive authority and head of the government. - **Head of Government:** Leads the Council of Ministers. - **Relation to the President:** Acts as the chief advisor to the President. - **Formation of Council of Ministers:** Selects ministers and allocates portfolios. Can ask a minister to resign or advise the President to dismiss him. - **Leadership of Cabinet:** Presides over Cabinet meetings, guides, directs, controls, and coordinates the activities of all ministers. - **Leadership of Parliament:** Chief spokesman of the Union government, leader of the house (Lok Sabha). - **Policy Maker:** Plays a crucial role in formulation and execution of government policies. - **Crisis Manager-in-Chief:** Handles all kinds of crises. - **Chief Advisor to President:** On various matters like appointment of high officials. ### Composition, Powers, and Functions of the Council of Ministers The Council of Ministers aids and advises the President. Headed by the Prime Minister. - **Composition:** - **Cabinet Ministers:** Head important ministries (e.g., Home, Finance, Defence). - **Ministers of State (Independent Charge):** In charge of smaller ministries/departments, not part of Cabinet. - **Ministers of State:** Attached to Cabinet Ministers to assist them. - **Deputy Ministers:** Part of the Council of Ministers but do not hold independent charge. - **Powers and Functions:** - **Policy Formulation:** Formulates and executes domestic and foreign policies. - **Legislative Functions:** Introduces bills in Parliament, prepares legislative agenda. - **Executive Functions:** Implements laws, administers the government, makes appointments. - **Financial Functions:** Prepares the budget, manages government finances. - **Emergency Powers:** Advises the President during emergencies. - **Collective Responsibility:** The Council of Ministers is collectively responsible to the Lok Sabha. ### Composition, Powers, and Functions of the Lok Sabha The House of the People, directly elected by the citizens. - **Composition:** - Maximum strength: 550 members (530 from states, 20 from UTs). - Currently: 543 members (530 from states, 13 from UTs). - Members are elected directly by universal adult franchise for a term of 5 years (can be dissolved earlier). - **Powers and Functions:** - **Legislative Powers:** Can introduce and pass ordinary bills. Money bills can only be introduced in Lok Sabha. - **Financial Powers:** Has supremacy in financial matters. The Union Budget is presented here. - **Executive Control:** Exercises control over the Council of Ministers through questions, discussions, no-confidence motions, etc. - **Amendment Powers:** Along with Rajya Sabha, can amend the Constitution. - **Electoral Powers:** Elects the President, Vice-President, and its own Speaker and Deputy Speaker. - **Judicial Powers:** Can initiate impeachment proceedings against the President and judges. ### Role and Importance of the Rajya Sabha The Council of States, represents the states and Union Territories. - **Composition:** - Maximum strength: 250 members. - Currently: 245 members (233 elected, 12 nominated by the President). - Elected members are chosen by elected members of State Legislative Assemblies by proportional representation. - Permanent body, not subject to dissolution. One-third of its members retire every two years. - **Role and Importance:** - **Checks Hasty Legislation:** Acts as a revising chamber, preventing hasty legislation by the Lok Sabha. - **Represents States:** Ensures that state interests are protected in the Union Parliament. - **Special Powers:** - Can authorize Parliament to make laws on a subject in the State List (Art. 249). - Can authorize Parliament to create new All-India Services (Art. 312). - **Equal Powers with Lok Sabha:** In matters like Constitutional amendments, impeachment of President, removal of judges. - **Less Powerful in Money Matters:** Cannot reject or amend money bills, can only make recommendations. ### Structure, Powers, and Functions of the Supreme Court of India Highest judicial body in India. - **Structure:** - Consists of a Chief Justice of India and a maximum of 33 other judges. - Judges are appointed by the President. - **Powers and Functions:** - **Original Jurisdiction:** Hears disputes between the Centre and states, and between states. - **Writ Jurisdiction:** Can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) to enforce Fundamental Rights (Art. 32). - **Appellate Jurisdiction:** Hears appeals against judgments of High Courts in constitutional, civil, and criminal matters. - **Advisory Jurisdiction:** Can advise the President on questions of law or fact (Art. 143). - **Court of Record:** Its judgments, proceedings, and acts are recorded for perpetual memory and testimony. - **Power of Judicial Review:** Examines the constitutionality of legislative enactments and executive orders (Art. 13). - **Guardian of the Constitution:** Interprets and protects the Constitution. ### Judicial Review and Judicial Activism - **Judicial Review:** - The power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State Governments. - If found to be violative of the Constitution, they can be declared null and void by the Supreme Court (and High Courts). - Ensures the supremacy of the Constitution and protection of Fundamental Rights. - Based on Article 13, 32, 131, 132, 133, 134, 136, 143, 226, 227, 246, 254, 256. - **Judicial Activism:** - Refers to the proactive role played by the judiciary in protecting the rights of citizens and promoting justice, often by stepping into domains traditionally reserved for the executive or legislature. - Often associated with Public Interest Litigation (PIL), where the court can take up cases based on letters or newspaper reports, especially for the voiceless and marginalized. - Aims to achieve social and economic justice by interpreting laws broadly and giving effect to the Directive Principles of State Policy. - **Example:** Environmental protection cases, prison reforms, ensuring fundamental rights for all segments of society.