01. In a landmark judgement in Bommai case (1994), the Supreme Court laid down that the Constitution is federal and the characterised federalism as its ‘basic feature’.
02. In addition to the making of the Constitution and enacting of the ordinary laws, the Constituent Assembly also performed the following functions:
It ratified the India’s membership of the Commonwealth in the May 1949.
It adopted the national flag on the July 22, 1947.
It adopted the national anthem on the January 24, 1950.
It adopted the national song on the January 24, 1950.
It elected Dr Rajendra Prasad as the first President of India on the January 24, 1950.
03. Seventh Schedule deals with the Division of powers –
Union List (for central Govt) 97 Subjects;
States List (for State Govt) 66 subjects and
Concurrent List (for both Union and States) 47 subjects.
Followings are the schedules in Constitution of India
First Schedule
Names of the States and names of Union Territories (UTs)
Second Schedule
Salary and allowances of President, Governors, Chief Judges, Judges of High Court and Supreme court, Comptroller and Auditor General
Third Schedule
Forms of Oaths and affirmations
Fourth Schedule
Allocation of seats in the Rajya Sabha to the states and the union territories.
Fifth Schedule
Administration and control of scheduled areas and tribes
Sixth Schedule
Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram
Seventh Schedule
Division of powers
Union List (for central Govt) 97 Subjects.
States List (for State Govt) 66 subjects
Concurrent List (for both Union and States) 47 subjects.
Eighth Schedule·
List of 22 languages of India recognized by Constitution
1. Assamese2. Bengali3. Gujarati4. Hindi5. Kannada6. Kashmiri
7. Manipuri8. Malayalam9. Konkani10. Marathi11. Nepali12. Oriya13. Punjabi14. Sanskrit15. Sindhi16. Tamil17. Telugu18. Urdu19. Santhali20. Bodo21. Maithili22. Dogri
· Sindhi was added in 1967 by 21 Amendment.
· Konkani, Manipuri ad Nepali were added in 1992 by 71 amendment
Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment.
Ninth Schedule·
Contains Acts and Regulations dealing with land reforms and abolition of the zamindari system.
This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
However, in 2007, the Supreme Court ruled that the laws included in this schedule are now open to judicial review.
Tenth Schedule
Added by 52nd amendment in 1985. Contains provisions of disqualification of grounds of defection
Eleventh Schedule
By 73rd amendment in 1992. Contains provisions of Panchayati Raj.
Twelfth Schedule
By 74th amendment in 1992. Contains provisions of Municipal Corporation.
04. Parliament has the power to “change the name of a state” and it doesn’t matter whether state initiated or not.
Process for changing the name of a state can be initiated by state itself. However, by virtue of article 3, the parliament has power to change the name of a state even if such proposal does not come from the concerned state.
Remember
“changing of name of districts/villages involves only the state legislature and not the Parliament”.
Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without the consent of concerned state legislature or union territory.
In other words, Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution.
Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
This means that such laws can be passed by a simple majority and by the ordinary legislative process.
Do you know?
The Home Ministry examines the proposal for changing the names of villages, cities and railway stations once the proposal is received from the State government.
In other words, Union Home Ministry approves the change of name and conveys the decision to the State government.
Between January 2017 and February 2018, Home Ministry has received 27 proposals from States requesting a change of names of villages, towns and railway stations.
05. The Constitution of India has opted for the British parliamentary System of Government rather than the American Presidential System of Government.
The parliamentary system of government in India is largely based on the British parliamentary system.
However, it never became a replica of the British system and differs in the following respects:
India has a republican system in place of British have the monarchical system. In other words, the Head of the State in India (that is, President) is elected, while the Head of the State in Britain (that is, King or Queen) enjoys a hereditary position.
The British system is based on the doctrine of the sovereignty of Parliament, while the Parliament is not supreme in India and enjoys limited and restricted powers due to a written Constitution, federal system, judicial review and the fundamental rights.
In Britain, the prime minister should be a member of the Lower House (House of Commons) of the Parliament. In India, the prime minister may be a member of any of the two Houses of Parliament.
Usually, the members of Parliament alone are appointed as ministers in Britain. In India, a person who is not a member of Parliament can also be appointed as minister, but for a maximum period of the six months.
Britain has the system of legal responsibility of the minister while the India has no such system.
Unlike in Britain, the ministers in India are not required to countersign the official acts of the Head of the State.
‘Shadow cabinet’ is an unique institution of the British cabinet system. It is formed by the opposition party to balance the ruling cabinet and to prepare its members for future ministerial office. There is no such institution in the India.
02. In addition to the making of the Constitution and enacting of the ordinary laws, the Constituent Assembly also performed the following functions:
It ratified the India’s membership of the Commonwealth in the May 1949.
It adopted the national flag on the July 22, 1947.
It adopted the national anthem on the January 24, 1950.
It adopted the national song on the January 24, 1950.
It elected Dr Rajendra Prasad as the first President of India on the January 24, 1950.
03. Seventh Schedule deals with the Division of powers –
Union List (for central Govt) 97 Subjects;
States List (for State Govt) 66 subjects and
Concurrent List (for both Union and States) 47 subjects.
Followings are the schedules in Constitution of India
First Schedule
Names of the States and names of Union Territories (UTs)
Second Schedule
Salary and allowances of President, Governors, Chief Judges, Judges of High Court and Supreme court, Comptroller and Auditor General
Third Schedule
Forms of Oaths and affirmations
Fourth Schedule
Allocation of seats in the Rajya Sabha to the states and the union territories.
Fifth Schedule
Administration and control of scheduled areas and tribes
Sixth Schedule
Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram
Seventh Schedule
Division of powers
Union List (for central Govt) 97 Subjects.
States List (for State Govt) 66 subjects
Concurrent List (for both Union and States) 47 subjects.
Eighth Schedule·
List of 22 languages of India recognized by Constitution
1. Assamese2. Bengali3. Gujarati4. Hindi5. Kannada6. Kashmiri
7. Manipuri8. Malayalam9. Konkani10. Marathi11. Nepali12. Oriya13. Punjabi14. Sanskrit15. Sindhi16. Tamil17. Telugu18. Urdu19. Santhali20. Bodo21. Maithili22. Dogri
· Sindhi was added in 1967 by 21 Amendment.
· Konkani, Manipuri ad Nepali were added in 1992 by 71 amendment
Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment.
Ninth Schedule·
Contains Acts and Regulations dealing with land reforms and abolition of the zamindari system.
This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
However, in 2007, the Supreme Court ruled that the laws included in this schedule are now open to judicial review.
Tenth Schedule
Added by 52nd amendment in 1985. Contains provisions of disqualification of grounds of defection
Eleventh Schedule
By 73rd amendment in 1992. Contains provisions of Panchayati Raj.
Twelfth Schedule
By 74th amendment in 1992. Contains provisions of Municipal Corporation.
04. Parliament has the power to “change the name of a state” and it doesn’t matter whether state initiated or not.
Process for changing the name of a state can be initiated by state itself. However, by virtue of article 3, the parliament has power to change the name of a state even if such proposal does not come from the concerned state.
Remember
“changing of name of districts/villages involves only the state legislature and not the Parliament”.
Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without the consent of concerned state legislature or union territory.
In other words, Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution.
Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
This means that such laws can be passed by a simple majority and by the ordinary legislative process.
Do you know?
The Home Ministry examines the proposal for changing the names of villages, cities and railway stations once the proposal is received from the State government.
In other words, Union Home Ministry approves the change of name and conveys the decision to the State government.
Between January 2017 and February 2018, Home Ministry has received 27 proposals from States requesting a change of names of villages, towns and railway stations.
05. The Constitution of India has opted for the British parliamentary System of Government rather than the American Presidential System of Government.
The parliamentary system of government in India is largely based on the British parliamentary system.
However, it never became a replica of the British system and differs in the following respects:
India has a republican system in place of British have the monarchical system. In other words, the Head of the State in India (that is, President) is elected, while the Head of the State in Britain (that is, King or Queen) enjoys a hereditary position.
The British system is based on the doctrine of the sovereignty of Parliament, while the Parliament is not supreme in India and enjoys limited and restricted powers due to a written Constitution, federal system, judicial review and the fundamental rights.
In Britain, the prime minister should be a member of the Lower House (House of Commons) of the Parliament. In India, the prime minister may be a member of any of the two Houses of Parliament.
Usually, the members of Parliament alone are appointed as ministers in Britain. In India, a person who is not a member of Parliament can also be appointed as minister, but for a maximum period of the six months.
Britain has the system of legal responsibility of the minister while the India has no such system.
Unlike in Britain, the ministers in India are not required to countersign the official acts of the Head of the State.
‘Shadow cabinet’ is an unique institution of the British cabinet system. It is formed by the opposition party to balance the ruling cabinet and to prepare its members for future ministerial office. There is no such institution in the India.
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