The constitution of india

Search Fundamental Duties The section "Fundamental Duties' was not a part of the original constitution. These were added to the Constitution much later by the 42nd Amendment in

The constitution of india

The President of India is head of the executive branch, under Articles 52 and 53, with the duty of preserving, protecting and defending the constitution and the law under Article Article 74 provides for a Prime Minister as head of the Council of Ministerswhich aids and advises the president in the performance of their constitutional duties.

The council is answerable to the lower house under Article 75 3. The constitution is considered federal in nature, and unitary in spirit. It has features of a federation a codifiedsupreme constitution, a three-tier governmental structure [central, state and local], division of powersbicameralism and an independent judiciary and unitary features such as a single constitution, single citizenshipan integrated judiciary, a flexible constitution, a strong central governmentappointment of state governors by the central government, All India Services the IASIFS and IPS and emergency provisions.

This unique combination makes it quasi-federal in form. Analogous to the president and prime minister, each has a governor or in union territories a lieutenant governor and a chief minister.

Article permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. Union of India decision, [46] [47] such a course of action is more difficult since the courts have asserted their right of review.

Constitution and legislature See also: List of amendments of the Constitution of India Amendments Amendments are additions, variations or repeal of any part of the constitution by Parliament. An amendment bill must be passed by each house of Parliament by a with a two-thirds majority of its total membership when at least two-thirds are present and vote.

Unlike ordinary bills in accordance with Article except for money billsthere is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. During a parliamentary recess, the president cannot promulgate ordinances under his legislative powers under ArticleChapter III.

Deemed amendments to the constitution which can be passed under the legislative powers of parliament were invalidated by Article 1 in the Twenty-fourth Amendment. Basic structure doctrine In Kesavananda Bharati v. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of the constitution.

These "basic features" have not been fully defined, [44] and whether a particular provision of the constitution is a "basic feature" is decided by the courts.

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The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review. This is typical of parliamentary governments, where the judiciary checks parliamentary power.

In its Golak Nath v. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by the basic structure doctrine. The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups.

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An independent judiciary has been held as a basic feature of the constitution, [59] [60] which cannot be changed by the legislature or the executive.

The constitution is the supreme power of the nation, and governs all laws. According to Article 13, All pre-constitutional laws, if they conflict wholly or in part with the constitution, shall have all conflicting provisions deemed ineffective until an amendment to the constitution ends the conflict; the law will again come into force if it is compatible with the constitution as amended the Doctrine of Eclipse.

In such situations, the Supreme Court or a high court determines if a law is in conformity with the constitution.As we herald the sixty-ninth Republic Day of India, we take a look at the profiles of the members of the Drafting Committee and their contributions to the legal field and related spheres.

Last week, in Common Cause v. Union of India, the Supreme Court ruled that every individual has the right to die with dignity. It upheld the practice of passive euthanasia — the removal of life.

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The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.

APPENDIX I _[THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, C.O. 48 In exercise of the powers conferred by clause (1) of article of. Article 1 of the constitution says that India, that is Bharat, shall be a union of states and the territory of India is composed of territories of states, the union territories and any acquired territories as listed in Schedule 1 per Article 1 (3).

The constitution of india

There was widespread disagreement in the constituent assembly on whether to use India or Bharat as the .