Constitution of India

Introduction
Constitution not specifically a social contract it is closest to it
- Mutual agreement of all its citizens for the establishment of a nation
- The primary purpose of a constitution social contract is to established self-governance to
preserve life and freedom
According to Sir B. L. Mitter: distinctive features of the Constitution of India are:
- the disappearance of the princely order
- Sovereignty of the people, adult suffrage
- Joint electorate
- The abolition of Privy Council’s jurisdiction and substitution of the Supreme Court in its
place
- The abolition of titles and un-touchability
- Civil equality irrespective of religion
- Enumeration of fundamental rights
- Directive principles of the State policy
- The creation of the President and Cabinet System of Government
- Establishment of a Secular State

Salient Features
Written, Lengthy and Detailed:
- Most voluminous constitution in the world.
- Provide a proper solution to every problem
- Even those matters which are subject of debate in other countries have been put down
in black and white.
Rigid and Flexible:
- Partly rigid and partly flexible.
- Amendment is neither easy (like in the UK) and not that difficult either (like in the US)
- Can be initiated in either House of the Parliament.
- Passed by an absolute majority of the total membership of each House voting
separately
- Two-third majority of the members present and voting.
- But certain parts amended with subsequent/additional ratification by at least half
of the States.
Sovereign Democratic Republic:
The Preamble to the constitution declares India to be a:
- Sovereign
- Socialist
- Secular
- Democratic
- Republic.
Partly Federal and Partly Unitary:
- A Union of States.
- Double set of Governments
- Subjects of administration divided between the Union of Government and the State
Governments.
- There are three lists:
- Union List which → exclusive jurisdiction of Indian Parliament.
- State List → jurisdiction of State legislature.
- Concurrent List → both the Parliament and State legislatures can make laws
concurrently
Criticism of federalism:
- Although, federal in form, So strong centre → unitary in Spirit
- Wide ranging powers of the Parliament
- Can legislate even on the state list under certain circumstances
Parliamentary System of Government:
- Both at the Center and the Units.
- President is elected indirectly and is the Head of the Executive of the Union
- Real powers → Cabinet which is collectively responsible to the Lok Sabhha
(parliament).
- Similarly in the State, Governor is the head of the executive
- Real powers → Council of Ministers which is responsible to the Legislative
Assembly (senate).
Single citizenship:
Although India has a Federal government yet double citizenship has not been provided. All the
Indians irrespective of their domicile enjoy a single citizenship of India whereas in United States
all the citizens enjoy the right of double citizenship.
Establishment of a Welfare State:
- The Constitution does not say anything
- Preamble and Directive Principles of State Policy call for a socialist state
Fundamental Rights:
- Separate chapter
- Justifiable and inviolable
- Binding on the legislature and executive
- if violated then see the protection of the judiciary
Official Language:
- Lot of diversity
- Declare some common language as the national language for Unity
- Declared Hindi as official language
Compromise between Judicial Supremacy and Parliamentary Sovereignty:
- Blending of the two s
- Strikes a golden mean between judicial Supremacy of American type and parliamentary
sovereignty of the British type
- Supreme Court can declare an act null and void if it contravenes fundamental rights
 - However supreme court is not have the power of Judicial review
Accumulation of borrowed Wisdom of the World:
- borrowed suitable and tight principles of other constitution
- Not unique but workable
- Parliamentary type from England
- Central rights and Supreme Court influence of the US
- Directive Principles of State Policy from Iris state
- Residuary power is vested on the centre from Canada

Problems with the indian constitution

- While constitutional securities are provided, societal securities + enforcement of the
Constitution isn't → for example Muslim community can send
- It is the longest constitution in the world
- abstruse and distanced
- difficulty to know much about the Constitution by the public
- for example the American constitution is very crisp and short and hence more
accessible to the public
- it is too verbose
- Legalistic and difficult language
- Too many amendments
- 94 up till now
- due to Nehru's experiments of socialism
- also because of its length