Comprehensive master chapter guide synthesizing 11 pedagogical sections from Unit-6.pdf in structured UPSC curriculum order.
After studying this Unit you should be able to:
The Constitution of India is a remarkable document. It occupies an important place not only among the newly emerged States but also in the constitutional history of the world. The Constitution of India deals, in an elaborate manner, with the problem of relations between the Union and the States, problems relating to public services, and special classes like Anglo-Indians, scheduled castes, and scheduled tribes. The Constitution embodies an elaborate list of Fundamental Rights and also the Directive Principles of the State Policy. The Preamble of the Constitution declares India to be a sovereign socialist secular democratic republic. A study of its features reveals that it is a unique document in size, form, and content. In this Unit, we shall study the important features of our Constitution, the role of the council of ministers, constitutional authorities, constitutional commissions, and the powers of the central government. This will give you a clear idea of how our constitutional setup is working at the central level.
The Constitution can be of two types, written or unwritten. Unwritten constitutions are those where most of the provisions are not laid down in a codified manner but are based on conventions. On the other hand, written constitutions are those where most of the provisions of the constitution are laid down very clearly in black and white. The Constitution of the United States of America is a written constitution, and similarly, the Indian Constitution is a written constitution. It is the most lengthy and detailed constitutional document in the world. It has borrowed most of its provisions from all the known constitutions in such a way that they suit the existing conditions of the country. The framers of the Constitution have incorporated various elements from different constitutions, including the chapter on Fundamental Rights from the American Constitution and the Directive Principles of State Policy from the Constitution of Eire Republic of Ireland. The Preamble reflects the aims and aspirations of the people of India, declaring the country as a sovereign, socialist, secular, and democratic republic.
The Constitution guarantees fundamental rights contained in Part III from Articles 12 to 35. These rights are inspired by the Constitution of the USA. Parliament can repeal or curtail these rights only by amending the Constitution in accordance with the procedures mentioned in the Constitution. The Supreme Court is responsible for the protection of these rights, and an aggrieved person can directly approach the Supreme Court for their enforcement. Although these rights are justifiable, they are not absolute, and the government can impose reasonable restrictions on them. Whether such restrictions are reasonable or not is to be decided by the Courts.
Having discussed the special features of the Indian Constitution, we turn to the division of powers between the Centre and the States, which forms the core of the doctrine of federalism. The distribution of legislative powers between the Centre and the States has been provided for in the Constitution according to three lists of subjects: Union, State, and Concurrent. The Union list gives the Centre exclusive authority to act in matters of national importance, including defence, foreign affairs, currency, communication, and banking. The State list includes entries like law and order, local government, and public health. The Concurrent list contains items where both the Centre and the States can legislate, but in case of conflict, the laws passed by the Central Parliament prevail over those passed by State legislatures. The residual powers lie with the Union, giving vast powers to the Central Government compared to the State governments. During emergencies, the Parliament can make laws for the whole territory of India concerning any matters enumerated in the State list.
The Council of Ministers is headed by the Prime Minister and is responsible for aiding and advising the President in the exercise of his functions. The Constitution provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President (Article 75(1)). The number of Ministers shall not exceed 15% of the total number of members of the House of the People (Lok Sabha). The Council of Ministers is a composite body, consisting of different categories of ministers, including Cabinet Ministers, Ministers of State, and Deputy Ministers. The rank of the different ministers is determined by the Prime Minister, who also allocates portfolios among them. The essence of collective responsibility is that once a decision is taken by the government, it is binding on all the ministers. The ministry as a body is under a constitutional obligation to resign as soon as it loses the majority in the lower House (House of People) of the legislature.
The Constitution provides for the creation of various Authorities and Commissions, including:
The Directive Principles of State Policy are contained in Articles 36 to 51 of the Constitution. They are inspired by the Constitution of Ireland and outline the goals that the State should strive to achieve in order to promote social and economic justice. Although these principles are not enforceable in a court of law, it is the duty of the State to apply these principles in making laws. The Directive Principles aim to create a welfare state and guide the government in policy-making.
Our Constitution is a unique combination of rigidity and flexibility, embodying both federal and unitary features. The legislative powers are divided between the Union and the States according to three lists: Union, State, and Concurrent. The executive power is formally vested in the President, but in practice, it is the Council of Ministers headed by the Prime Minister that exercises real power. Various constitutional authorities and commissions ensure that the government operates justly and according to the provisions of the Constitution.
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