Constitution Law

Constitution Law
Constitution, Constitutionalism & Salient Features of
Constitution
What is Constitution?
 Constitution is an arrangement of supreme power.
 Constitution is a body of rules containing rights of citizens, and also

provisions related with Framework of Government
What is Constitution? The enacted constitution is the result of
the deliberate effort of man. It is
consciously made. It may be made by a
constituent assembly or by the
 Constitution can be of two types - command of sovereign authority, king or
parliament. The features of an enacted
a) Written - Enacted/Codified - India, USA, etc. constitution are embodied in a
b) Unwritten - Evolved/Uncodified - UK document or in a series of documents.
 Constitution is often called the Supreme law of the land.
It is the source of all powers of the Government.

An evolved constitution is the result of the

historical development. It is not framed at a

 It is mainly concerned with the structure, particular time.
For example, the British Constitution has
neither been enacted by any special
 composition & organization of the Government. Constituent Assembly at a particular time
nor has the Monarch given it to the
 It also envisages on the rights & duties of the citizens. people. Constitutionally, England is still an
absolute kingship, but in practice her
position is different.
Constitutionalism
It is an all important concept, which is more idealistic.
"A country may have the Constitution, but not necessarily Constitutionalism."
Constitutionalism puts some restraints over the powers of the government, so

that to avoid it from becoming uncontrolled & arbitrary.
Constitutionalism
Constitutionalism preserves the basic freedom of individuals, and maintains their dignity & personality.
Some Principles that promotes Constitutionalism
- Written constitution. - Free elections.
- Independent Judiciary with powers of Judicial Review. - Accountable & transparent democratic government.
- Rule of Law. - Fundamental Rights for Individuals.
- Separation of Power. - Federalism.
- Checks & balances. - Decentralization of power.

Constitutionalism
- Written constitution.
- Independent Judiciary with powers of Judicial Review.
- Rule of Law.
- Separation of Power.
- Checks & balances.

Constitutionalism
- Independent Judiciary with powers of Judicial Review.
- Rule of Law.

Constitutionalism
- Independent Judiciary with powers of Judicial
Review.
- Rule of Law.

Constitutionalism
- Free elections.
- Accountable & transparent democratic
government.
- Fundamental Rights for Individuals.
- Federalism.
- Decentralization of power.
Constitutionalism
- Free elections.
government.
- Federalism.
Constitutionalism
- Free elections.
government.
- Federalism.
Constitutionalism
- Free elections.
government.
- Federalism.
Constitutional Law
 Legal system - i) Law governing the State.
ii) Law by which the State governs.
 Constitutional Law = Constitution + Relevant Statutory Laws + Judicial Decisions

+ Conventions.
 It consists of both 'legal' as well as 'non-legal' norms.
 A written constitution is the formal source of all Constitutional Law in a country.

Constitutional Law
 Constituent Assembly, formed in 1946 under Cabinet Mission Plan
 Drafting Committee. Its chairman was Dr. B. R. Ambedkar.
 The Constituent Assembly took 11 sessions spanning exactly 2 years, 11

months & 18 days to accomplish its task.
 Constitution was enacted, signed and adopted on 26 November 1949, but the
dote of commencement is considered 26 January 1950.
Salient Features of Indian Constitution
1) Lengthiest Written Constitution
 Very comprehensive, elaborate & detailed document.
 A Preamble, 465 Articles, 25 parts, 12 schedules & 5 appendices.
2) Federal System with unitary Bias
 Union of States - "Federal in form but Unitary in spirit."
 Federation - dual government, division of power, supremacy of constitution,

bicameralism (Two separate Assembly) , etc.
 Unitary - Strong Centre, single constitution, single citizenship, emergency

provision, etc.
3) Flexibility With Rigidity
 Simple majority.
 Special majority.
 Special majority with the ratification of half of the total states.
4) Parliamentary Government
 Nominal executive & Real executive.
 Collective responsibility of the executive to the legislature.
 Membership of the ministers in the legislature.
 Prime Ministerial Government.

5) Integrated and Independent Judiciary
 Hierarchy of Courts in a single legal system.
 Free from interference of Executive & Legislature.
 Judicial Review.
6) Fundamental Rights
 Part III guarantees 6 Fundamental Rights to all citizens.
 Not absolute, but subject to reasonable restrictions.
 Meant to promote the idea of political democracy.
 Justiciable in nature.
7) Directive Principles of State Policy
 Enumerated in Part IV.
 They impose a moral obligation on the state authorities.
 Meant to promote social & economic democracy.
 Non-justiciable in nature.
8) Fundamental Duties
 Added by 42rd Constitutional Amendment Act 1976.
 11 Fundamental Duties are enumerated in Part IV-A.
 Reminder to Citizens of their democratic conduct.

9) Rule of Law
 No man is above law.
 All men are equal before law.
 Individual freedom & liberty can not be taken away.
10) Separation of power, and Checks & Balances
11) Secularism.
12) Universal Adult Franchise
 Three types of emergencies :-

a. National Emergency - Article 352
b. President Rule - Article 356
c. Financial Emergency - Article 360
13) Single Citizenship.
14) Independent Bodies.

15) Three-tier Government
 Centre + States + Local
 Panchayats – 73rd CAA 1992 - Part IX & Schedule 11.
 Municipalities - 74th CAA 92 - Part IX-A & Schedule 12

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Constitution Law

Constitution, Constitutionalism & Salient Features of

 Constitution is an arrangement of supreme power.

 Constitution is a body of rules containing rights of citizens, and also

 Constitution is often called the Supreme law of the land.

It is the source of all powers of the Government.

historical development. It is not framed at a

It is an all important concept, which is more idealistic.

Constitutionalism puts some restraints over the powers of the government, so

Some Principles that promotes Constitutionalism

- Written constitution. - Free elections.

- Rule of Law. - Fundamental Rights for Individuals.

- Separation of Power. - Federalism.

- Checks & balances. - Decentralization of power.

Some Principles that promotes Constitutionalism

- Checks & balances.

Some Principles that promotes Constitutionalism

- Checks & balances.

Some Principles that promotes Constitutionalism

- Checks & balances.

Some Principles that promotes Constitutionalism

- Fundamental Rights for Individuals.

Some Principles that promotes Constitutionalism

- Fundamental Rights for Individuals.

Some Principles that promotes Constitutionalism

- Fundamental Rights for Individuals.

Some Principles that promotes Constitutionalism

- Fundamental Rights for Individuals.

ii) Law by which the State governs.

 Constitutional Law = Constitution + Relevant Statutory Laws + Judicial Decisions

 It consists of both 'legal' as well as 'non-legal' norms.

 A written constitution is the formal source of all Constitutional Law in a country.

 Drafting Committee. Its chairman was Dr. B. R. Ambedkar.

 The Constituent Assembly took 11 sessions spanning exactly 2 years, 11

 Very comprehensive, elaborate & detailed document.

 A Preamble, 465 Articles, 25 parts, 12 schedules & 5 appendices.

2) Federal System with unitary Bias

 Union of States - "Federal in form but Unitary in spirit."

 Federation - dual government, division of power, supremacy of constitution,

 Unitary - Strong Centre, single constitution, single citizenship, emergency

 Special majority with the ratification of half of the total states.

 Nominal executive & Real executive.

 Collective responsibility of the executive to the legislature.

 Membership of the ministers in the legislature.

 Prime Ministerial Government.

 Hierarchy of Courts in a single legal system.

 Free from interference of Executive & Legislature.

 Part III guarantees 6 Fundamental Rights to all citizens.

 Not absolute, but subject to reasonable restrictions.

 Meant to promote the idea of political democracy.

 Enumerated in Part IV.

 They impose a moral obligation on the state authorities.

 Meant to promote social & economic democracy.

 Added by 42rd Constitutional Amendment Act 1976.

 11 Fundamental Duties are enumerated in Part IV-A.

 Reminder to Citizens of their democratic conduct.

 No man is above law.

 All men are equal before law.

 Individual freedom & liberty can not be taken away.