Despite the fact that India is a sovereign, democratic republic, it might
equally be regarded as a constitutional monarchy without a monarch. " Here, Sir
Ivor Jennings criticises the constitution's length and complexity, wishing for a
simple Spartan constitution*.
However, no constitution can ever claim to be
flawless. The constitution's main purpose and major goal is to satisfy the needs
of the people. It's one thing to draught a constitution; it's quite another to
put it into action. Another critique is that the amending process is extremely
simple (or flexible), with only seven amendments in the last 76 years. If we
concur with this viewpoint, we must express caution about the haste with which
we have amended our Constitution.
But we cannot pretend for a moment that a
constitution drafted by man's intelligence and purpose at a specific point in
time is good and will continue to be good in the future. "No community or nation
can create an everlasting constitution." In constitutional law, there is no such
thing as eternity; it "solves and re-solves the changeable human aims through a
process of continuous adaptations of the common good and community living."
However, as the learned Judge points out in his address, the essential premise
remains true: "You should not change the constitutions unless the situation is
'impossible, and constitutional revision should be the final recourse, not the
first -impulse to remove every impediment." The nation must 'acquire the
discipline to acquiesce.'
The Indian constitution is unique in that it balances national unity and
authority with the preservation of state liberties, and it maintains the
supremacy of the constitution by avoiding some of the flaws that a federal
government would have. It is remarkable in that it establishes a single
citizenship and an integrated judiciary.
As a result, it is sometimes referred
to as a quasi-federal constitution, despite the fact that it contains numerous
federal aspects. Our constitution was written by and is protected by an
independent judiciary. It assigns a greater range of jurisdiction to the Centre
in both the legislative and executive branches. The Centre has overriding power,
the States* have Governors selected by the President, and the President has veto
power over-Biffs approved by State Legislatures.
As a result, our Constitution
may be described as a compromise between the United Kingdom's Parliamentary and
Cabinet systems and the United States' Presidential or non-parliamentary form of
executive. The Ministry is the real executive because the President, as the head
of the State, is expected to follow the advice of his Ministry. As a result, the
executive and legislative branches of our government are not as intertwined as
they are in the American Constitution.
We may therefore conclude that the Indian Constitution has adopted some of the
best features,of the various modern constitutions by establishing a unitary
state with subsidiary federal 'features; rather, a federal slate with subsidiary
unitary 'features., -in structure' it is federal, in essence it is unitary,
As a result, it should not be subject to frequent changes. The Constitution has
been changed eleven times in the first six years of its existence. Making the
Constitution more flexible or elastic, or, as Sir Jennings put it, "changing the
Indian Constitution every morning, like underclothes in a Madras climate," is to
jeopardise its "stability," and to make it a subject of frequent modification,
is neither healthy nor desirable.
Composition of Supreme Court of India
The Supreme Court was formed two days after India became an SDR. That same
Parliament Building also houses the Council of States and the House of People.
From 1937 to 1950, the Federal Court of India convened here. The Supreme Court
would stay here for many years before moving.
It was a beautiful ceremony. The bench consisted of Chief Justice Harilal
J.Kania, Justices Saiyid Fazl Ali and M. Patanjali Sastri. Aside from Allahabad,
the Chief Justices of Mysore and Hyderabad were also present. Joining him were
the Attorneys Generals of Bombay, Madras (UP), Bihar (EP), Orissa (OR), Mysore
(S) and Hyderabad (Madhya Bharat). Many Senior and other Court Advocates, as
well as prominent visitors, were present.
The Supreme Court's Rules were published, and the names of all Federal Court
Advocates and agents were added to the Supreme Court's records, completing the
Parliament House became the Supreme Court's new home on January 28, 1950. It
moved in 1958. The edifice resembles a scale. One of the building's centre wing
resembles a scale. 1979 brought the East and West Wings. The building's wing has
15 courtrooms. The Chief Justice's Court is the wing's largest court.
The Assembly chose that number when drafting the Constitution in 1950.
Initially, the Supreme Court sat in a single chamber. Judgments were handed down
by a total of 131 judges between 1950 and 2008. (current power) In most cases,
Judges sit in smaller Benches of two or three, only joining larger Benches of
five or more when necessary.
The Indian Supreme Court has 30 judges, including the Chief Justice. Justices
retire at 65. A Supreme Court Judge must be an Indian citizen, have served as a
High Court Judge for at least five years, or as a High Court Advocate for at
least ten years, or be a notable jurist in the President's opinion. A retiring
Supreme Court or High Court judge can appoint an Ad-hoc Supreme Court judge.
It ensures the judges' independence in various ways. For a President to remove a
Supreme Court Judge from office, the House must endorse his or her removal by a
majority of all members present and voting. Unlawful practise of law or
appearance before any authority in India.
It only hears cases in English. The Supreme Court's practise and procedure are
governed by Article 145.
Electoral Procedure of President
- The Indian President is the country's first citizen and ruler. According
to Article 52 of the Indian Constitution
- Article 54, the President of India
India's President is chosen by single transferable vote. An electoral college of
elected representatives from state and national elections selects the President.
Nominees for Congress and state legislatures cannot vote. � Delhi, Jammu &
Kashmir, and Puducherry (Since 1992 through 70th Constitutional Amendment Act)
This Process outlined in Article 55. An electoral system selects the president
using a single transferable vote.
Vote in India's Presidential Election
Their vote's value varies with the size of their legislative body. Also, each
voter votes once. The total number of MP votes equals the total number of state
legislator votes. And bigger states have more votes.
Nomination for Indian President
A presidential candidate must be sponsored and seconded by 50 electors.
Application fee: Rs 15,000 ($210) per applicant.  Securing a majority of
votes is required to keep the security deposit.
The election is conducted using the single transferable vote (STV) system. It's
a secret ballot. Parliamentarians from Delhi, Jammu and Kashmir, and Puducherry
can vote in the presidential election.
A President's Eligibility
- He must be an Indian citizen aged 35 or older and meet the electoral
- A profit-making post in government is prohibited.
- The president is chosen for five years.
- Re-election is possible.
- India's Supreme Court hears presidential election cases.
- The Indian President is never arrested, imprisoned, or personally accountable
for his official actions.
- Only constitutional offences can be impeached.
An Ordinary Bill can deal with any subject except financial matters, according
to Article 107 of the Indian constitution. A ministry or a private member can
introduce a "Ordinary Bill" in Parliament; unlike a "Money Bill," an Ordinary
Bill can be introduced in any House of Parliament. The Ordinary Bill does not
need the President's consent to be introduced. The Rajya Sabha has the power to
amend or reject an Ordinary Bill.
According to Article 110 of the Indian Constitution, a bill can only be
designated a "Money Bill" if it contains provisions dealing with the imposition,
abolition, remission, regulation, or adjustment of any tax. Only the Lok Sabha
has the authority to initiate the Money Bill. A minister's only power is to
interfere with the Money Bill.
Money bills are only introduced in Lok Sabha on the President's advice, which is
The measure, which was introduced in the Lok Sabha on the President's proposal,
is referred to as a government bill.
Note that only the minister can introduce bills on behalf of the government.
After the law passes the Lok Sabha, it is sent to the Rajya Sabha, which has
only limited authority. It has no authority to reject or amend the bill.
The President's consent is required when the bill has passed both houses. He
can choose between two options:
- The Rajya Sabha must return the bill within 14 days, with or without
- It is presumed to have passed the bill if it does not return it within
the specified time frame.
- The amendments may or may not be accepted by the Lok Sabha.
- Give your consent
- Refuse to consent.
The bill cannot be returned to the President for review.
The bill becomes an act after the President signs it, and it is published in the
Indian Statute Book.