Thursday, September 3, 2009

Indian Constitution

Chapter three

Introduction to Indian constitution

Indian constitution is the longest constitution in the world. it is the highest law of the land. Originally it contained 395 articles & 8 schedules. After amendments till now there are 447 articles and 12 schedules.

  1. Indian constitution includes administrative provisions in details. These are the fundamental principles of governance. Followed by maker of constitution from government act of 1935
  2. It also include the constitution of constituents of Indian federation i.e. state. State j&k is exception as it has its own constitution and this special stratus to it is provided by article 370
  3. in order to address the regional problems of certain states, article 371,371-1 have been introduced after inauguration of constitution. These articles deal with Assam Manipur Andhra Pradesh Maharashtra Gujarat Sikkim mizoram
  4. it has procedure & power of amendment of itself in article 368
  5. it is rigid as well as flexible written which shows its rigidity and parliamentary sovereignty
  6. some room is left to for conventions for speaker of lok Sabha as in England
  7. preamble is not an enforceable part of constitution
  8. 3 word’s secularism, socialism, integrity added to preamble by amendment 42 act

Indian unitary based federal system

Following feature make India a federation

  • dual polity
  • division of power
  • bicameralism
  • supremacy of constitution
  • written constitution
  • rigid constitution

Following feature makes India a unitary body

· appointment of governor by centre

· parliament of to legistrate

· emergency provision

· single constitution

· single citizenship

· flexibility of cobnstitution

Chapter three

Citizenship

  • There is single citizenship for every Indian
  • Citizen is the person who enjoys civil and political rights
  • Right enshrined in following article are assined to citrizen only 15,6,19,29,30,58(1)a,67(3)a,124(3),217(2),76(1)157,165
  • Right of voting is given to citizen only
  • Article 5-8 mention about citizenship

The citizenship of domicile by only two conditions

May be domicile of India at the time of commencement of constitution and one of following

Born in India

Parents are Indian

Residing In India for more then 5 years