ARTICLE 368 OF THE CONSTITUTION DOES NOT ALLOW TO ALTER THE CONSITUTION IN ITS BASIC FORM.
THE CONSTITUTION OF INDIA HAS BORROWED MOST OF ITS PART FROM OTHER COUNTRIES AND ALSO GOVERNMENT OF INDIA ACT 1935.
THE STRUCTURAL PART HAS BEEN DERIVED FROM GOVERNMENT OF INDIA ACT 1935.
THE PHILOSPHICAL PART OF THE CONSTITUTION HAS BEEN DERIVED FROM ISISH AND AMERICAN CONSTITUTION.
PHILOSPHICAL PART MEANS THE FUNDAMENTAL RIGHT AND DIRECTIVE PRINCIPLE.
THE POLITICAL PART HAS BEEN DERIVED FROM THE BRITISH CONSTITUTION.
THE INDIAN CONSTITION IS NEITHER RIGID NOR FLEXIBLE.
THE ARTICLE 368 PROVIDE TWO TYPES OF AMENDMENT:
FIRST IS SOME PROVISION CAN BE AMENDED BY SPECIAL MAJORITY OF PARLIAMENT.
THAT IS TWO THIRD MEMBER PRESENT AND 50% OF THE MAJORITY.
SECONDLY,SOME SPECIAL MAJORITY OF THE PARLIAMENT AND RATIFICATION OF HALF OF THE STATES.
IN THE SECOND PART,HALF OF THE STATES HAVE TO GIVE THE CONFIRMATION THAT THEY ARE WITH THE CHANGES.
APART FROM ARTICLE 368,SIMPLY MAJORITY OF THE PARLIAMENT CAN BE USED TO PASS THE AMENDMENT IN THE CONSTITUTION IN THE WAY OF ORDINARY LEGISLATIVE PROCESS.
THE INDIAN CONSTITUTION IS SAID AS BOTH FEDERAL AND NON FEDERAL SYSTEM....
FEDERAL SYSTEM IN THE SENSE THAT DIVISION OF POWER IN THE CENTRAL AS WELL AS STATES,STRONG CONSTITUTION.
NON FEDERAL IN THE SENSE THAT STRONG CENTER,ALL INDIA SERVICES.
ARTICLE 1 HAS DESCRIBE INDIA AS UNION OF STATED AND THE TERM FEDERATION HAS NOWHERE USED IN THE CONSTITUTION.
THE CONSTITION OF INDIA HAS OPTED FOR BRITISH FORM OF PARLIAMENT.
PARLIAMENT SYSTEM IS BASED ON COORDINATION AND COOPERATION OF EXECUTIVE AND LEGISLATIVE ORGANS.
THE PARLIAMENT PROVIDE FOLLOWING FEATURE TO THE COUNTRY:
--PRESENSE OF NOMINAL AND REAL EXECUTIVE.
--MAJORITY PARTY RULE.
--COLLECTIVE RESPONSIBILITY OF EXECUTIVE TO THE LEGISLATIVE.
--MEMBERSHIP OF MINISTER IN THE LEGISLATURE.
--LEADERSHIP OF PRIME MINISTER
--DISSOLUATION OF PARLIAMENT.
THE PARLIAMENTRY SYSTER IN THE CONSITUTION HAS BEEN TAKEN FROM THE BRITISH CONSTITUTION.
BUT STILL THERE ARE DIFFERENCES PRESENT LIKE INDIAN PARLIAMENT IS NOT A SOVERIGN BODY LIKE THE BRITISH SYSTEM.
INDIAN HEAD IS THE CHOSEN MEMBER OR ELECTED MEMBER WHILE BRITISH SYSTEM HAS MONARCH SYSTEM.
THE AMERICAN TREAT ITS COURT AS EVERYTHING WHILE BRITAIN TREATS ITS PARLIAMENT AS EVERYTHING.
INDIA IS THE BLEND OF BOTH IN THE WAY THAT THE SUPREMEN COURT CAN MAKE A LAW MADE BY PARLIAMENT AS UNCONSTITUTIONAL WHILE PARLIAMENT CAN CHANGE OR AMEND THE MAJOR PORTION OF THE CONSTITUTION THROUGH IT CONSTITUENT POWER.
INDIAN CONSTITUTION HAS PROVIDED THE JUDICIAL SYSTEM IN THE COUNTRY.
THE SUPREME COURT IS THE APEX COURT IN INDIA,FOLLOWED BY SUBORDINATE COURT AND SO ON DISTRICT COURT.
THESE MAKE THE JUDICIAL LAW BOTH FOR CENTER AS WELL AS STATE.
WHILE IN THE US,JUDICIAL IS DIVIDED INTO TWO PART,ONE MAKE THE LAW FOR THE CENTER AND ANOTHER MAKE THE LAW FOR THE STATE OR PROVINCE.
THE INDIAN CONSTITUTION HAS PROVIDED VARIOUS ADVANTAGE TO THE SUPREME COURT.
LIKE FIXED TENURE OF THE JUDGE IN INDIA,ALL EXPENCES WOULD BE BEAR BY CONSOLIDATED FUND OF INDIA,BAN OF PRACTICE AFTER THE RETIREMENT.
PART III OF THE INDIAN CONSTITUTION HAS PROVIDED THAT 6 FUNDAMENTAL RIGHTS TO THE CITIZEN OF INDIA.
1)RIGHT TO EQUALTIY 14-18
2)RIGHT TO FREEDOM 19-22
3)RIGHT AGAINST EXPLOITATIN 23-24
4)RIGHT TO FREEDOM OF RELIGION 25-28
5)CULTURAL AND EDUCATIONAL RIGHTS 29-30
6)RIGHT TO CONSTITUTIONAL REMEDIES ARTICLE 32
IN THE CASE OF EMERGENCY,THE RIGHT CAN BE SUSPENDED AND ONLY ARTICLE 20 AND ARTICLE 21 CANNOT BE SUSPENDED.
DIRECTIVE PRINCIPLE OF STATE POLICY:
DIRECTIVE PRINCIPLE OF STATE POLICY MENTION THAT PART IV OF THE CONSTITUTION.
THEY CAN BE CLASSIFIED AS SOCIALIST,GHANDIAN AND LIBERAL-INTELLECTUAL.
THESE DIRECTIVE PRINCIPLE ARE NOT JUSTIFICABLE BY THE COURT BUT CONSTITUITION CLEARLY SAYS THAT THE STATE MUST ENSURE TO FOLLOW THE DIRECTIVE PRINCIPLE WHILE DERIVING THE LAW.
FUNDAMENTAL DUTIES:FUNDAMENTAL DUTIES WERE NOT IN THE ORIGINAL CONSTITUTION BUT THEY WERE ADDED IN THE CONSTITUTION IN THE TIME OF EMERGENCY IN 1976 BY THE AMENDMENT KNOWN AS 42ND AMENDMENT OF CONSTITUTION.
FUNDAMENTAL DUTIES WERE ADDED TO THE CONSTITION BY SWARAN SINGH COMMITTEE.
THERE ARE 11 FUNDAMENTAL DUTIES THAT ARE DESCRIBE IN THE CONSTITUTION.
SOME OF THE FUNDAMENTAL DUTIES ARE RESPECT FOR THE CONSTITUTION,RESPECT FOR NATIONAL ANTHEM,RESPECT FOR THE NATIONAL SONG AND SO.
THERE ARE 11 FUNDAMENTAL DUTIES DESCRIBE IN THE CONSTITUTION.
THE TERM SECULAR WAS ADDED IN THE CONSTITUTION IN THE 42nd AMENDMENT IN 1976.
ARTICLE 25 TO 28 ALSO DEFINE THE FUNDAMENTAL RIGHT OF THE CITIZEN TO
RIGHT FOR RELIGION.
INDIAN CONSTITUTION PROVIDE EQUAL RIGHT TO EACH RELIGION AND PROTECTING THEIR RIGHT EQUALLY.
CONSTITUTION HAS ALSO ABOLISHED THE REPRESENTATION OF CANDIDATE ON THE BASIS OF RELIGION,BUT STILL CONSTITUTION HAS SAID THAT REPRESENTATION OF CANDIDATE ON BASIS OF SCHEDULE CASTE AND SCHEDULE TRIBE TO ENSURE THEIR INTEREST.
UNIVERSAL ADULT FRANCHISE:
INITIALLY THE VOTING RIGHT WAS PROVIDED TO A CITIZEN OF INDIA WHO WAS 21 YEAR OLD,BUT THIS AGE WAS REDUCED TO 18 IN 1989 BY 61st CONSTITUTIONAL AMENDMENT OF 1988.
SINGLE CITIZENSHIP:
IN AMERICA,EACH AND EVERY CANDIDATE HAS DUAL CITIZENSHIP,THAT IS ONE OF THE AMERICA AND ANOTHER OF THE STATE TO WHICH HE BELONG,SO THEY ENJOY BOTH ADVANTAGE OF COUNTRY AND THIER RESPECTIVE STATE.
IN INDIA,IRRESPECTIVE OF STATE,EACH AND EVERY CITIZEN HAS A SINGLE CITIZENSHIP THAT IS OF INDIA,EXCEPT THAT OF JAMMU AND KASHMIR.
INDEPENDENT BODIES:
INDIAN CONSTITUTION HAS SEEN THE NEED OF INDEPENDENT BODIES TO SAFEGUARD THE INTEREST OF PUBLIC IN INDIA.
INDIAN CONSTITUTION HAS PROVIDED 4 INDEPENDENT BODIES:
1)ELECTION COMMISSION
2)CAG
3)UPSC
4)STATE SELECTION COMMISSION
EMERGENCY PROVISION:
THE CONSTITUTION OF INDIA HAS PROVIDED 3 TYPES OF EMERGENCY PROCESS:
1)NATIONAL EMERGENCY ON BASIS OF WAR--ARTICLE 352
2)STATE EMERGENCY(PRESIDENT RULE) ON BASIS OF FAILURE OF CONSTITUTIONAL MACHINERY--ARTICLE 356
STATE EMERGENCY ON BASIS OF NOT COMPLYING THE ORDER OF CENTER--ARTICLE 365
3)FINANCIAL EMERGENCY--FINANCIAL EMERGENCY ON BASIS OF FINANCIAL INSECURITY TO THE COUNTRY--ARTICLE 360
DURING EMERGENCY,CENTER BECAME THE MOST POWERFUL OF ALL THE SYSTEM AND STATE ARE ALSO IN THE CONTROL OF CENTER.
THREE TIER FORM OF GOVERNMENT:
ONLY INDIA IS THE ONLY COUNTRY IN THE WHOLE WORLD,WHERE THERE IS THE 3 TIRE FORM OF GOVERNMENT.
IT WAS NOT IN THE INTIAL FORM OF THE CONSTITUTION IN 1950,BUT IT LATER CAME IN THE EXISTENCE IN 1992 BY 73rd AND 74th AMENDMENT OF THE CONSTITUTION.
THE 73rd AMENDMENT ADDED A NEW PART IX AND A SCHEDULE GIVE THE RIGHT OF PANCHAYAT IN THE COUNTRY
AND THE 74th AMENDMENT ADDED A PART IX A AND A SCHEDULE IN THE CONSTITUTION PROVIDE THE RIGHT TO SETUP OF MUNICIPAL CORPORATION.
THE CONSTITUTION OF INDIA HAS BORROWED MOST OF ITS PART FROM OTHER COUNTRIES AND ALSO GOVERNMENT OF INDIA ACT 1935.
THE STRUCTURAL PART HAS BEEN DERIVED FROM GOVERNMENT OF INDIA ACT 1935.
THE PHILOSPHICAL PART OF THE CONSTITUTION HAS BEEN DERIVED FROM ISISH AND AMERICAN CONSTITUTION.
PHILOSPHICAL PART MEANS THE FUNDAMENTAL RIGHT AND DIRECTIVE PRINCIPLE.
THE POLITICAL PART HAS BEEN DERIVED FROM THE BRITISH CONSTITUTION.
THE INDIAN CONSTITION IS NEITHER RIGID NOR FLEXIBLE.
THE ARTICLE 368 PROVIDE TWO TYPES OF AMENDMENT:
FIRST IS SOME PROVISION CAN BE AMENDED BY SPECIAL MAJORITY OF PARLIAMENT.
THAT IS TWO THIRD MEMBER PRESENT AND 50% OF THE MAJORITY.
SECONDLY,SOME SPECIAL MAJORITY OF THE PARLIAMENT AND RATIFICATION OF HALF OF THE STATES.
IN THE SECOND PART,HALF OF THE STATES HAVE TO GIVE THE CONFIRMATION THAT THEY ARE WITH THE CHANGES.
APART FROM ARTICLE 368,SIMPLY MAJORITY OF THE PARLIAMENT CAN BE USED TO PASS THE AMENDMENT IN THE CONSTITUTION IN THE WAY OF ORDINARY LEGISLATIVE PROCESS.
THE INDIAN CONSTITUTION IS SAID AS BOTH FEDERAL AND NON FEDERAL SYSTEM....
FEDERAL SYSTEM IN THE SENSE THAT DIVISION OF POWER IN THE CENTRAL AS WELL AS STATES,STRONG CONSTITUTION.
NON FEDERAL IN THE SENSE THAT STRONG CENTER,ALL INDIA SERVICES.
ARTICLE 1 HAS DESCRIBE INDIA AS UNION OF STATED AND THE TERM FEDERATION HAS NOWHERE USED IN THE CONSTITUTION.
THE CONSTITION OF INDIA HAS OPTED FOR BRITISH FORM OF PARLIAMENT.
PARLIAMENT SYSTEM IS BASED ON COORDINATION AND COOPERATION OF EXECUTIVE AND LEGISLATIVE ORGANS.
THE PARLIAMENT PROVIDE FOLLOWING FEATURE TO THE COUNTRY:
--PRESENSE OF NOMINAL AND REAL EXECUTIVE.
--MAJORITY PARTY RULE.
--COLLECTIVE RESPONSIBILITY OF EXECUTIVE TO THE LEGISLATIVE.
--MEMBERSHIP OF MINISTER IN THE LEGISLATURE.
--LEADERSHIP OF PRIME MINISTER
--DISSOLUATION OF PARLIAMENT.
THE PARLIAMENTRY SYSTER IN THE CONSITUTION HAS BEEN TAKEN FROM THE BRITISH CONSTITUTION.
BUT STILL THERE ARE DIFFERENCES PRESENT LIKE INDIAN PARLIAMENT IS NOT A SOVERIGN BODY LIKE THE BRITISH SYSTEM.
INDIAN HEAD IS THE CHOSEN MEMBER OR ELECTED MEMBER WHILE BRITISH SYSTEM HAS MONARCH SYSTEM.
THE AMERICAN TREAT ITS COURT AS EVERYTHING WHILE BRITAIN TREATS ITS PARLIAMENT AS EVERYTHING.
INDIA IS THE BLEND OF BOTH IN THE WAY THAT THE SUPREMEN COURT CAN MAKE A LAW MADE BY PARLIAMENT AS UNCONSTITUTIONAL WHILE PARLIAMENT CAN CHANGE OR AMEND THE MAJOR PORTION OF THE CONSTITUTION THROUGH IT CONSTITUENT POWER.
INDIAN CONSTITUTION HAS PROVIDED THE JUDICIAL SYSTEM IN THE COUNTRY.
THE SUPREME COURT IS THE APEX COURT IN INDIA,FOLLOWED BY SUBORDINATE COURT AND SO ON DISTRICT COURT.
THESE MAKE THE JUDICIAL LAW BOTH FOR CENTER AS WELL AS STATE.
WHILE IN THE US,JUDICIAL IS DIVIDED INTO TWO PART,ONE MAKE THE LAW FOR THE CENTER AND ANOTHER MAKE THE LAW FOR THE STATE OR PROVINCE.
THE INDIAN CONSTITUTION HAS PROVIDED VARIOUS ADVANTAGE TO THE SUPREME COURT.
LIKE FIXED TENURE OF THE JUDGE IN INDIA,ALL EXPENCES WOULD BE BEAR BY CONSOLIDATED FUND OF INDIA,BAN OF PRACTICE AFTER THE RETIREMENT.
PART III OF THE INDIAN CONSTITUTION HAS PROVIDED THAT 6 FUNDAMENTAL RIGHTS TO THE CITIZEN OF INDIA.
1)RIGHT TO EQUALTIY 14-18
2)RIGHT TO FREEDOM 19-22
3)RIGHT AGAINST EXPLOITATIN 23-24
4)RIGHT TO FREEDOM OF RELIGION 25-28
5)CULTURAL AND EDUCATIONAL RIGHTS 29-30
6)RIGHT TO CONSTITUTIONAL REMEDIES ARTICLE 32
IN THE CASE OF EMERGENCY,THE RIGHT CAN BE SUSPENDED AND ONLY ARTICLE 20 AND ARTICLE 21 CANNOT BE SUSPENDED.
DIRECTIVE PRINCIPLE OF STATE POLICY:
DIRECTIVE PRINCIPLE OF STATE POLICY MENTION THAT PART IV OF THE CONSTITUTION.
THEY CAN BE CLASSIFIED AS SOCIALIST,GHANDIAN AND LIBERAL-INTELLECTUAL.
THESE DIRECTIVE PRINCIPLE ARE NOT JUSTIFICABLE BY THE COURT BUT CONSTITUITION CLEARLY SAYS THAT THE STATE MUST ENSURE TO FOLLOW THE DIRECTIVE PRINCIPLE WHILE DERIVING THE LAW.
FUNDAMENTAL DUTIES:FUNDAMENTAL DUTIES WERE NOT IN THE ORIGINAL CONSTITUTION BUT THEY WERE ADDED IN THE CONSTITUTION IN THE TIME OF EMERGENCY IN 1976 BY THE AMENDMENT KNOWN AS 42ND AMENDMENT OF CONSTITUTION.
FUNDAMENTAL DUTIES WERE ADDED TO THE CONSTITION BY SWARAN SINGH COMMITTEE.
THERE ARE 11 FUNDAMENTAL DUTIES THAT ARE DESCRIBE IN THE CONSTITUTION.
SOME OF THE FUNDAMENTAL DUTIES ARE RESPECT FOR THE CONSTITUTION,RESPECT FOR NATIONAL ANTHEM,RESPECT FOR THE NATIONAL SONG AND SO.
THERE ARE 11 FUNDAMENTAL DUTIES DESCRIBE IN THE CONSTITUTION.
THE TERM SECULAR WAS ADDED IN THE CONSTITUTION IN THE 42nd AMENDMENT IN 1976.
ARTICLE 25 TO 28 ALSO DEFINE THE FUNDAMENTAL RIGHT OF THE CITIZEN TO
RIGHT FOR RELIGION.
INDIAN CONSTITUTION PROVIDE EQUAL RIGHT TO EACH RELIGION AND PROTECTING THEIR RIGHT EQUALLY.
CONSTITUTION HAS ALSO ABOLISHED THE REPRESENTATION OF CANDIDATE ON THE BASIS OF RELIGION,BUT STILL CONSTITUTION HAS SAID THAT REPRESENTATION OF CANDIDATE ON BASIS OF SCHEDULE CASTE AND SCHEDULE TRIBE TO ENSURE THEIR INTEREST.
UNIVERSAL ADULT FRANCHISE:
INITIALLY THE VOTING RIGHT WAS PROVIDED TO A CITIZEN OF INDIA WHO WAS 21 YEAR OLD,BUT THIS AGE WAS REDUCED TO 18 IN 1989 BY 61st CONSTITUTIONAL AMENDMENT OF 1988.
SINGLE CITIZENSHIP:
IN AMERICA,EACH AND EVERY CANDIDATE HAS DUAL CITIZENSHIP,THAT IS ONE OF THE AMERICA AND ANOTHER OF THE STATE TO WHICH HE BELONG,SO THEY ENJOY BOTH ADVANTAGE OF COUNTRY AND THIER RESPECTIVE STATE.
IN INDIA,IRRESPECTIVE OF STATE,EACH AND EVERY CITIZEN HAS A SINGLE CITIZENSHIP THAT IS OF INDIA,EXCEPT THAT OF JAMMU AND KASHMIR.
INDEPENDENT BODIES:
INDIAN CONSTITUTION HAS SEEN THE NEED OF INDEPENDENT BODIES TO SAFEGUARD THE INTEREST OF PUBLIC IN INDIA.
INDIAN CONSTITUTION HAS PROVIDED 4 INDEPENDENT BODIES:
1)ELECTION COMMISSION
2)CAG
3)UPSC
4)STATE SELECTION COMMISSION
EMERGENCY PROVISION:
THE CONSTITUTION OF INDIA HAS PROVIDED 3 TYPES OF EMERGENCY PROCESS:
1)NATIONAL EMERGENCY ON BASIS OF WAR--ARTICLE 352
2)STATE EMERGENCY(PRESIDENT RULE) ON BASIS OF FAILURE OF CONSTITUTIONAL MACHINERY--ARTICLE 356
STATE EMERGENCY ON BASIS OF NOT COMPLYING THE ORDER OF CENTER--ARTICLE 365
3)FINANCIAL EMERGENCY--FINANCIAL EMERGENCY ON BASIS OF FINANCIAL INSECURITY TO THE COUNTRY--ARTICLE 360
DURING EMERGENCY,CENTER BECAME THE MOST POWERFUL OF ALL THE SYSTEM AND STATE ARE ALSO IN THE CONTROL OF CENTER.
THREE TIER FORM OF GOVERNMENT:
ONLY INDIA IS THE ONLY COUNTRY IN THE WHOLE WORLD,WHERE THERE IS THE 3 TIRE FORM OF GOVERNMENT.
IT WAS NOT IN THE INTIAL FORM OF THE CONSTITUTION IN 1950,BUT IT LATER CAME IN THE EXISTENCE IN 1992 BY 73rd AND 74th AMENDMENT OF THE CONSTITUTION.
THE 73rd AMENDMENT ADDED A NEW PART IX AND A SCHEDULE GIVE THE RIGHT OF PANCHAYAT IN THE COUNTRY
AND THE 74th AMENDMENT ADDED A PART IX A AND A SCHEDULE IN THE CONSTITUTION PROVIDE THE RIGHT TO SETUP OF MUNICIPAL CORPORATION.
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