Omar Bennett
The Indian Constitution, which came into force on 26 January 1950, establishes a parliamentary system with two houses: the Lok Sabha and the Rajya Sabha. The Lok Sabha, or the House of the People, is the primary house for introducing and passing bills, while the Rajya Sabha, or the Council of States, provides review and recommendations. The Lok Sabha can have up to 552 members, while the Rajya Sabha has a maximum of 250 members. The Constitution also includes various articles that outline the roles and responsibilities of each house, the legislative process, and the protection of citizens' rights.
| Characteristics | Values |
|---|---|
| Number of Houses | 2 |
| Name of the Houses | Lok Sabha and Rajya Sabha |
| Maximum Members in Lok Sabha | 552 |
| Maximum Members in Rajya Sabha | 250 |
| Number of Articles | 448 |
| Number of Parts | 25 |
| Number of Schedules | 12 |
| Number of Appendices | 5 |
| Number of Amendments | 100+ |
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What You'll Learn
The Indian Constitution has 448 articles
The Indian Constitution is the world's most frequently amended national governing document. It initially contained 395 articles in 22 parts, but now stands at 448 articles in 25 parts. The Constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.
The first article of the Constitution declares that India is a "Union of States". Under the Constitution, the States retain key powers for themselves and have a strong influence over the national government via the Rajya Sabha. However, the Constitution does provide key limits on their powers and gives final say in many cases to the national government.
The Constitution gives legislative powers to the two Houses of Parliament, but a bill must be passed by both houses and signed by the President to become law. The President has the power to refuse to sign and return it to Parliament, but Parliament can override this and send it back to the President, who must then sign it. The President also has the power to dismiss the Prime Minister or Council at any time.
The judiciary protects the fundamental rights of the people, as enshrined in the Constitution, from infringement by any state body. An independent judiciary has been held as a basic feature of the Constitution, which cannot be changed by the legislature or the executive. Judicial review is dealt with in Article 13.
The Men Behind India's Constitution
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The Lok Sabha and Rajya Sabha
The Indian Parliament consists of two houses: the Lok Sabha and the Rajya Sabha, with the President of India acting as their head. The President is responsible for ensuring that laws passed by the Parliament adhere to the relevant constitutional provisions and that the stipulated procedures are followed before granting approval to bills. The President of India is elected by the elected members of the Parliament of India and the state Legislative Assemblies and serves for a term of five years.
The Lok Sabha, or the House of the People, is the lower house and has 543 members. Members are directly elected by citizens of India on the basis of universal adult franchise, representing parliamentary constituencies across the country. The Lok Sabha has a term of five years. To be eligible for membership, a person must be a citizen of India, be at least 25 years old, not hold any office of profit under the union or state government, be mentally sound, not be bankrupt, and not be a criminal convict. The total elective membership is distributed among the states to maintain a uniform ratio between the number of seats and the population of the state. Out of 543 seats, 84 are reserved for Scheduled Castes, and 47 are reserved for Scheduled Tribes. The Lok Sabha Hall in the new parliament building draws inspiration from India's national bird, the peacock.
The Rajya Sabha, or the Council of States, is the upper house and has 245 seats, including 12 nominees from diverse fields like literature, art, science, and social service. The Rajya Sabha hall in the new parliament building features a lotus theme, reflecting India's national flower. The Rajya Sabha is a permanent body, and elections to it are indirect; members representing states are elected by elected members of legislative assemblies of the states. The Rajya Sabha gives states a strong influence over the national government and allows them to retain key powers.
India's Constitutional Review: Exercising Democracy's Vital Check
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The President's role in lawmaking
The Indian Constitution establishes the Parliament as the supreme legislative body of the country. It comprises two houses: the Lok Sabha and the Rajya Sabha. The President of India is the head of state of the Republic of India and the first citizen of the country. They are also the supreme commander of the Indian Armed Forces.
The President plays a crucial role in the legislative process by recommending or permitting the introduction of certain types of bills. For instance, the President's prior recommendation is required to introduce a money bill. They also cause the Union Budget to be laid before Parliament and make demands for grants. The President has the power to grant pardons in specific cases, as outlined in Article 72.
Additionally, the President appoints the Prime Minister and other key officials, including ministers, judges, and Governors of states. They can also impose the President's Rule in states, taking over state administration when required. The President is authorised to declare any area a Scheduled Area and has powers regarding the administration of Scheduled and tribal areas.
It is important to note that while the President has these powers, they are considered a nominal head of the Executive, and in practice, the executive powers vested in them are exercised by the Prime Minister heading the Council of Ministers.
The Evolution of Indian Constitution: Bill Count
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The judiciary's independence
The Indian Constitution of 1950 establishes a bicameral Parliament, consisting of two houses: the Lok Sabha and the Rajya Sabha. The former is the primary house for the introduction and passage of bills, while the latter provides review and recommendations.
The Indian Constitution provides for the separation of powers among the legislature, executive, and judiciary, ensuring that each branch operates independently. The judiciary in India is independent and enjoys certain immunities and privileges to protect its members from external pressures or influences. The Constitution guarantees security of tenure and conditions of service for judges, and the judiciary is granted financial autonomy to manage its budgetary requirements.
The independence of the judiciary is a fundamental principle, enshrined in the Universal Declaration of Human Rights and the Indian Constitution. It is the duty of all governmental and other institutions to respect and observe this independence. The judiciary is expected to be free from all influences and interests of the government and ruling party and should not act on its behalf. Judges should have the freedom to exercise their powers without any influence, pressure, or fear, and they play a vital role in ensuring an independent judiciary and acting as the foundation of a fair and impartial system of courts.
The Indian judiciary has the power of judicial review, enabling it to examine the constitutionality of laws passed by the legislature and actions taken by the executive. This power has been used to uphold the Constitution, as seen in the case of Kesavananda Bharati v. State of Kerala, where the Supreme Court held that certain features of the Constitution could never be removed. The judiciary's independence is further strengthened by the difficulty in removing judges once appointed.
The system of separation of powers, as adopted in the USA, ensures an independent judiciary. In India, judges in the High Courts and the Supreme Court are appointed with minimal interference from other branches of the government, and the President of India makes these appointments based on the recommendations of the Collegium system, which includes the Chief Justice of India and senior judges. This Collegium system further reinforces the independence of the judiciary by ensuring appointments are based on merit and experience.
Indian Constitution: Unique Features and Global Standout
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The Constitution's federal nature
The Indian Constitution is the supreme law of the land, and its federal nature is evident in several key features. Firstly, it establishes a division of power between the central government and the states, with both being independent in their respective spheres. The Constitution identifies the specific powers of the union and the states, ensuring a clear distribution of authority.
The Indian Constitution is written and unambiguous, another characteristic of a federal constitution. It is the lengthiest written constitution in the world and serves as the main source of power for the three wings of Indian democracy: the legislative, the executive, and the judiciary. The judiciary plays a crucial role in interpreting the Constitution and resolving disputes between the centre and the states, ensuring that its stance is binding on all parties.
The Indian Parliament exemplifies the federal nature of the Constitution through its bi-cameral legislature, consisting of the lower house (Lok Sabha) and the upper house (Rajya Sabha). The Lok Sabha, with a maximum of 552 members, is primarily responsible for introducing and passing bills, while the Rajya Sabha, with a maximum of 250 members, provides review and recommendations. Amendments to the Constitution require the approval of both houses, showcasing the federal nature of the legislative process.
The Indian Constitution also establishes a single citizenship for both the union and the states, and there is no provision for separate constitutions for individual states. This aspect sets India apart from countries like the USA, where each state has its own constitution. The Indian Constitution is described as a "union of states," indicating a harmonious balance between central authority and state autonomy.
While the Indian Constitution exhibits federal characteristics, some scholars argue that it is neither purely federal nor purely unitary. Instead, it is a unique blend of both systems, adapting to the needs and conditions of the country. The Constitution provides for a temporary shift towards unitary governance during emergencies, with the President empowered to declare such situations. This flexibility highlights the pragmatic nature of the Indian Constitution, designed to address the challenges of governing a diverse and vast nation.
Understanding the Indian Constitution: A Working Guide
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Frequently asked questions
There are two houses in the Indian Constitution: the Lok Sabha and the Rajya Sabha.
The Lok Sabha can have a maximum of 552 members.
The Rajya Sabha has a maximum of 250 members.
The Lok Sabha is the primary house for the introduction and passage of bills.
The Rajya Sabha provides review and recommendations and acts as a revising chamber.
