Constitutional Law 18 Marks Questions & Answers
1. Indian Constitution is neither Unitary nor Federal . Explain the
salient Features of Indian Constitution ?
Indian Constitution is neither Unitary nor Federal :-
1. Written Constitution :- The Indian Constitution is a written document
containing 395 Articles and 12 schedules, and therefore, fulfills this basic
requirement of a federal government. In fact, the Indian Constitution is
the most elaborate Constitution of the world.
2. Supremacy of the Constitution :- India’s Constitution is also
supreme and not the hand-made of either the Centre or of the States. If
for any reason any organ of the State dares to violate any provision of
the Constitution, the courts of laws are there to ensure that dignity of the
Constitution is upheld at all costs.
3. Rigid Constitution :- The Indian Constitution is largely a rigid
Constitution. All the provisions of the Constitution concerning UnionState relations can be amended only by the joint actions of the State Legislatures and the Union Parliament. Such provisions can be amended only if the amendment is passed by a two-thirds majority of the members present and voting in the Parliament (which must also constitute the absolute majority of the total membership) and ratified by
at least one-half of the States.
4. Distribution of Powers between the Centre and State :- The term ‘
Federalism ‘ means “ distribution of powers of the State among different
co-ordinate bodies “. Both the Central and State Governments are independent of each other in their own spheres. The basis of such distribution is in view of national importance.
5. Authority of Courts :- For the existence of a Federal system, Legal
supremacy is very essential. Any action by the Centre or State may
abridge the provisions of the constitution or infringe the legal rights of
individuals. In such situations, judiciary is the final authority to interpret
the constitution to resolve such conflicts. Therefore, a federal State
confers on Courts, authority by acknowledging the independence of
judiciary. Judiciary is one of the three organs of the State/Governmental
machinery. The other two organs are the Executive and the Legislature.
In India, these three organs are not independently independent, but are
inter dependent on each other.
6. Dual Government Polity :- In a federal State, there are two
governments—the national or federal government and the government
of each component unit. But in a unitary State there is only one
government, namely the national government. So, India, as a federal
system, has a Central and State Government.
The salient Features of Indian Constitution :-
The Constitution is the set of law which describes the association of
different entities within a state, i.e. the executive, the legislature, and the
judiciary. Not all nation states have codified constitutions. The Indian
Constitution is one of the lengthiest constitutions in the world and it is
also very detailed. There are 12 schedules and 448 articles in our
Constitution.
Features of Indian Constitution :-
1. Longest written constitution.
2. Preamble of the constitution.
3. Fundamental rights and duties.
4. Directive Principles of the state policies.
5. Secular State.
6. Democratic state.
7. Republic state.
8. Mixture of Federalism and Unitarianism.
9. Rigidity as well as Flexibility.
10. Adult-Suffrage.
11. Single Citizenship.
12. Independent judiciary
Longest written constitution :- The Constitution of India is the longest
written constitution. It contains 448 articles in 25 parts, 12 schedules, 5
appendices and 98 amendments out of 120 Constitution Amendment
Bills.
Preamble of the constitution :- The Preamble to the Constitution of
India is a well drafted document which states the philosophy of the
constitution. It declares India to be a “Sovereign”, “Socialist”, “Secular”,
“Democratic Republic” and a “welfare state” dedicated to secure justice,
liberty and equality for the people and for promoting fraternity, dignity the
individual, and unity and integrity of the nation. The Preamble is the key
to the constitution.
Fundamental rights and duties :- The Part III of the Indian Constitution
deals with fundamental rights. Fundamental Rights protect citizens
against the arbitrary and absolute exercise of power by the State. The
Constitution guarantees the rights to individuals against the State as well
as against other individuals. The Constitution also guarantees the rights
of minorities against the majority.
The Constitution (42nd Amendment Act, 1976) has introduced a Code of
ten “Fundamental Duties” for Citizens. In 2002, one more duty was
added to it. The fundamental duties are intended to serve as a constant
reminder to every citizen that while the Constitution has specifically
conferred on them certain fundamental rights, it also requires the citizens
to observe certain basic norms of democratic conduct and democratic
behaviors.
Directive Principles of the state policies :- The Directive Principles of
State Policy contained in Part IV are in the form of positive directions to
the State which the State shall strive to promote welfare of the people.
They are not justiciable but they are fundamental in the governance of
the country. They aim to secure the ideals of social and economic justice
mentioned in the Preamble.
Secular State :- The term “Secularism” means no religion is recognized
as the religion of the State. It treats all religions equally. In a secular
State the State regulates the relation between man and man. It is not
concerned with the relation of man with God.
Democratic state :- The term “democratic” indicates that the
Constitution has established a form of government which gets authority
from the will of the people. The rulers are elected by the people. Justice,
Liberty Equality and Fraternity are the essential features of a democracy.
The term Republic signifies that there shall be an elected head of the
State who will be the Chief Executive Head.
Republic state :- The Preamble declares India to be a Republic. India is
not ruled by a monarch or a nominated head of state. India has an
elected head of state i.e. the President of India who exercises power for a fixed term of 5 years. After every 5 years, the people of India indirectly
elect their President.
Mixture of Federalism and Unitarianism :- India as a Union of States,
the Constitution provides for a federal structure with a unitary spirit. India
is a ‘Quasi-Federation’ or a ‘federation’ with a unitary bias, or even as ‘a
Unitarian federation. Which means, a division of powers between the
centre and states. India is a federation with some Unitarian features.
This mixture of federalism-Unitarianism has been done keeping in view
both the pluralistic nature of society and the presence of regional
diversities, as well as due to the need for securing unity and integrity of
the nation.
Rigidity as well as Flexibility :- In Indian Constitution some types of
laws can be made or amended with simple procedure of amendment
involving simple majority in the Parliament, while others need special
majority, and still some others need assent of both the Union and state
legislatures. Thus, Indian Constitution is partly rigid and partly flexible,
striking a good balance in its federal polity. Such a nature of Constitution
presents the elements of continuity and change in the Indian
Constitution.
Adult-Suffrage :- The concept of Adult suffrage allows every citizen of
our country who is above eighteen years has the right to vote in the
elections. The age was 21 earlier but later it was amended. Every citizen
above the age of 18 can vote irrespective of their age, gender, caste,
race, creed and religion.
Single Citizenship :- There is single citizenship provided to our citizens.
Part 2 of the Indian Constitution, i.e., Article 5 to Article 11 of the Indian
Constitution deals with citizenship. Single citizenship allows the persons
to enjoy equal rights in various aspects across the country. According to
Article 5, the persons will be considered as citizens of the territory of
India, which ensures that there would be only single citizenship.
Independent judiciary :- The Judiciary ensures the proper functioning
of the constitution and the enforcement of various provisions of the
Constitution. The Constitution makers ensured that Judiciary has to be
independent so that it will not be biased. The Supreme Court is
considered as the watchdog of democracy.
2. What are the Characteristics of a Federal Constitution ? How far they are adopted in the Indian Constitution.
Indian Constitution :-
India’s Constitution is the supreme law of India. It defines the
Government’s fundamental political values, policies, processes, powers,
rights, and duties. It conveys constitutional supremacy & not
parliamentary supremacy because it is not established by the Parliament
but by a constituent assembly and adopted by its citizens, with a
declaration in its preamble.
The Constitution of India is the longest Constitution in the world. It had
three ninety-five articles in twenty-two parts and eight schedules at its
beginning. It comprises of around 145,000 words making it the world’s
second-largest functioning constitution. It currently has a preamble,
twenty-five parts with twelve schedules, five appendices, four forty-eight
articles & hundred and one amendments.
History of Indian Constitution :-
• India’s Constitution was adopted in the year 1949 on November 26.
• It came into effect on January 26, 1950. January 26 is celebrated as Republic Day of India and the assembly approved it.
• The Chairman of the drafting committee, Dr. B. R. Ambedkar, is generally regarded as the architect of the Indian Constitution.
• After the Constitution was adopted, The Union of India became the modern and contemporary Republic of India.
• Indian Constitution gives six fundamental rights to its people. Such rights are the right to freedom, the right to equality, the right to cultural and educational freedoms, the right to constitutional remedies, the right against exploitation as well as the right against exploitation. The right to data privacy has also recently been applied to fundamental rights.
The Characteristics of a Federal Constitution :-
1. Written Constitution :- The Indian Constitution is a written document
containing 395 Articles and 12 schedules, and therefore, fulfills this basic
requirement of a federal government. In fact, the Indian Constitution is
the most elaborate Constitution of the world.
2. Supremacy of the Constitution :- India’s Constitution is also
supreme and not the hand-made of either the Centre or of the States. If
for any reason any organ of the State dares to violate any provision of
the Constitution, the courts of laws are there to ensure that dignity of the
Constitution is upheld at all costs.
3. Rigid Constitution :- The Indian Constitution is largely a rigid
Constitution. All the provisions of the Constitution concerning UnionState relations can be amended only by the joint actions of the State
Legislatures and the Union Parliament. Such provisions can be
amended only if the amendment is passed by a two-thirds majority of the
members present and voting in the Parliament (which must also
constitute the absolute majority of the total membership) and ratified by
at least one-half of the States.
4. Distribution of Powers between the Centre and State :- The term ‘
Federalism ‘ means “ distribution of powers of the State among different
co-ordinate bodies “. Both the Central and State Governments are
independent of each other in their own spheres. The basis of such
distribution is in view of national importance.
5. Independent Judiciary :- In India, the Constitution has provided for a
Supreme Court and every effort has been made to see that the judiciary
in India is independent and supreme. The Supreme Court of India can
declare a law as unconstitutional or ultra Vires, if it contravenes any
provisions of the Constitution. In order to ensure the impartiality of the
judiciary, our judges are not removable by the Executive and their
salaries cannot be curtailed by Parliament.
6. Bicameral Legislature :- A bicameral system is considered essential
in a federation because it is in the Upper House alone that the units can
be given equal representation. The Constitution of India also provides for
a bicameral Legislature at the Centre consisting of Lok Sabha and Rajya
Sabha.
While the Lok Sabha consists of the elected representatives of people,
the Rajya Sabha mainly consists of representatives elected by the State Legislative Assemblies. However, all the States have not been given
equal representation in the Rajya Sabha.
7. Dual Government Polity :- In a federal State, there are two
governments—the national or federal government and the government
of each component unit. But in a unitary State there is only one
government, namely the national government. So, India, as a federal
system, has a Central and State Government.
3. Article 14 permits reasonable classification but prohibits class legislation. Explain.
Article 14.
Article 14 of the Constitution of India provides that “The State shall not
deny to any person equality before the law or the equal protection of the
laws within the territory of India.” It means every person, who lives within
the territory of India, is equal before the law and equal protection shall
be rendered to them.
The word person not only includes individual but also includes statutory
corporations, registered societies and any type of legal person.
Article 14 consist of two phrases :-
1. Equality before the Law
2. Equal Protection of the Law
1. Equality before the Law :– This phrase has been derived from the
Constitution of England; it implies :-
1. Every person will get equal treatment before the Court of Law.
2. No person will get any privilege before the Court of Law.
3. The Law will be the same for every person. No person shall be
above the authority of Law.
2. Equal Protection of the Law :– This phrase has been derived from
the Constitution of the United States; it implies;
1. People will get equal treatment under equal circumstances.
2. Equal treatment shall be rendered to every person without any
discrimination.
3. In similar circumstances law shall be equal and equally
administered.
Exception :-
The rule of equality, however, is not absolute, and there are certain
exceptions to it, they are as follows :-
1. Article 361 of the Constitution provides a special privilege to the
President and the Governor of the State during his/her term of
office, against any proceeding in the Court.
2. Foreign diplomats are immune from the jurisdiction of the Court.
3. Judges and Police officers enjoy certain protection.
4. Some special groups like the Trade Union get privileges under
certain matters.
5. Certain classes of persons get special privileges like armed forces
are governed by military rules, similarly, doctors are controlled by
the Medical Council of India, etc.
Article 14 permits Reasonable Classification but it prohibits Class
Legislation :-
Although Article 14 speaks about equality before law, but that does not mean absolute equality. The application of law cannot be universal or general in character, it means, the same law cannot apply to every person equally and similarly. The applicability of law depends upon various aspects, like, the nature of the case, attainment, place, circumstances, etc.
The different situation requires different treatment. For example; according to the Constitution of India, an adult, i.e., a person who has attained the age of 18 years, acquires a right to take part in an election by casting vote. However, prisoners, who are also adults, cannot cast
their votes as they do not have that facility. Law has restricted its movement from one place to another.
Therefore, it is clear that although the Statute provided that every adult
should cast their vote, the same statute restricted the prisoners from taking part in the election process. Hence, the law applies differently under different situations.
“Thus, the State can treat different persons differently if circumstances justify such treatment. Further, the identical treatment in unequal circumstances would amount to inequality.
Thus, there is a necessity for the “reasonable classification” for society to
progress. The Supreme Court has maintained that Article 14 permits
reasonable classification of persons, objects, transactions by the State for the purpose of achieving specific ends that help in the development of the society. However, Article 14 prohibits “class legislation”. Class
legislation makes improper discrimination by conferring particular
privileges upon a class of persons.”
In Chiranjit Lal Chowdhury v. Union of India, AIR 1951, the Supreme
Court of India held that the law is constitutional even if it is applied to a
particular individual differently under specific circumstances. In order to
challenge the constitutionality of a law, one has to show that the law is
unreasonable and arbitrary in its application in that particular case.
In Ram Krishna Dalmia v. Justice S.R. Tendolkar, AIR 1958, the
Supreme Court held that “It is now well established that while Article 14
forbids class legislation, it does not forbid reasonable classification for
the purposes of legislation. It condemns discrimination not only by a
substantive law but also by a law of procedure.”
Therefore, Article 14 forbids the class legislation but it does not prohibits
reasonable classification. However, such classification must not be
“arbitrary, artificial or evasive”. Class Legislation is something which
makes improper discrimination and provides privilege to a class of
people arbitrarily selected from among large group of persons who
stands on the footing, thereby making an unreasonable distinction
between the classes.
In R.K. Garg v. Union of India, AIR 1981, the Supreme Court held that
Article 14 forbids class legislation but it does not prohibit reasonable
classification.
In State of West Bengal v. Anwar Ali Sarkar, AIR 1952, the Supreme
Court held that the differentia which is the basis of classification and the
object of the Act are two different things. It is important that there must
be nexus between the basis of classification and the object of the Act.