The primary emphasis of the present work is to synthesis all major provisions of the Constitutional law which come across with every Indian from day to day life and which are the very basic provisions of the Constitutional Law including but not limited to the purpose of Constitutional Law, formation of Constitutional Law, key provisions, Preamble, Union of India, Citizenship, Fundamental Entitlements, Directive Principles of the State Policy, Fundamental Duties, President of India, Prime Minister, Attorney General of India, Parliament of India, Powers of House of the People and Council of States, Parliamentary Committees, Sessions of Parliament, Comptroller and Auditors General of India, Supreme Court of India and High Court jurisdiction, Pertains between the Union and the States, Entitlement to property Elections, Emergency provisions.
To start with we might find the following important facts of our Constitutional Law as the interesting facts of every Indian citizen should be aware of:
1.1 Concept of Constitutional Laws
1.4 Union of India
1.6 Fundamental Rights
The fundamental rights are:
It is about the Right to equality
It is about the Right to freedom
It is about the Right against exploitation
It is about the Right to freedom of religion
It is about the Cultural and educational rights
It is about the Right to constitutional remedies
1.7 Directive Principles of State Policy
The Directive Principles can be divided into the following classes:
Class: 1 – Socialistic Class
Broadly the ideas in this category of directives:
(a) The welfare of the people
(b) Proper distribution of material resources of the community
(c) Right to work, education etc.
(d) Just and humane conditions of work and maternity relief
Class – 2 Gandhian classes
Such directives are a range over numerous Arts. Basic among such directives
(a) Consolidate village panchayats
(b) Secure living wage, decent standard of life, and to promote cottage industries
(c) Provide free and compulsory education to all children up to 14 years of age
(d) To promote economic and educational interests of the weaker sections
Class -3 Liberal intellectual directives
(a) Uniform civil code throughout the country
(b) Separate judiciary from the executive
(c) Protect monuments of historic and national importance
(d) To promote international peace and security.
Application of the Principles contained under
Directive Principles of the State Policy
The Directive principles of the policy lay down fundamental principles for governance of the Country. It controls material resources of the community are well distributed to serve common welfare thereby economic system does not result in an economic concentration of power.
Article 47 states that the State has power to completely prohibit the manufacture, sale possession, distribution and consumption of liquor since it is dangerous.
Citizen does not have fundamental right to trade or business of liquor.
1.8 Fundamental Duties
It is important to note that the fundamental duties cannot be enforced by writ jurisdiction. The fundamental duties can be enforced only and only by constitutional methods.
1.9 The Union
Article 72 is of key importance to Indian judicial system. During the process of examination of mercy petition, the judicial review power given to the Courts is very limited.
Only where the court can interfere is when the application of mind is not done during arriving at the judgement.
The intention of keeping Article 72 was to secure the power of sovereign to grant remission within its exclusive domain.
Unbridled power of reprieve: as this was preserved power, it was intended to be unrestrained.
1.10 – Article 76: Attorney General of India (AGI)
The power to appoint Attorney General of India is vested with the President. The primary qualification is that the person to be appointed as AGI should be eligible to be appointed as a judge of Supreme Court.
The primary duty of the AGI is to tender advice to the Government of India upon legal matters and secondary duty is to perform other duties as may be from time to time delegated to the AGI.
AGI has the right to the audience in all the territories spread across India. The office shall remain in force till the office of President and the remuneration of the AGI shall be as determined by the President.
1.11 Article – 79: Parliament
1.12 Article 107 & 108 Legislative Procedure
There is the provision where the joint sitting of the both the houses are required:
1.13. Special Procedure for Money Bills
1.14 Language to be used in the Parliament
1.15 Restriction on discussion Parliament & Courts can’t inquire into proceedings of the Parliament
1.16 What is the Legislative Power of the President of India?
1.17 Union Judiciary
Article 124: The Supreme Court of India is the highest judicial court in India. The chief of the Supreme Court is the Chief Justice of India. The other judges can be upto 30. Every judge of the Supreme Court shall be appointed by the President of India under his hand and seal.
The qualification for being appointed as a judge of the Supreme Court is:
Salary of judges of the Supreme Court shall be determined by Parliament by law and otherwise as prescribed in Schedule II.
1.18 – Article 132: Appellate Jurisdiction of
Supreme Court in appeals from High Courts
1.19 Article 136: Special leave to appeal by the Supreme Court
1.20 – Article 141: Law declared by
Supreme Court to be binding on all courts in India
1.21 Article 148 – Comptroller and Auditor – General of India
1.22 Article – 245
Legislative Relations – Distribution of legislative powers:
Laws made by one state can’t have operation in another state. A law which has extra territorial operation can’t be directly enforced in another State, but such a law is not held invalid.
Article 242(2) provides that no law made by the Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation.
There is three fold distribution of legislative power between the Union and the States made by the three lists in the Seventh Schedule of the constitution of India.
When repugnancy arises, it happens when both the pieces of legislation deal with the same matter but not where they deal with separate and distinct matter, through cognate and allied character.
1.23 Article 254
Inconsistency between laws made by the Parliament and laws made by the Legislature of the Statues:
For repugnancy of the provisions, there is twin side requirement to be fulfilled. The Central Act and State Act- there should persists some repugnancy and
Presidential ascent has to be held as being non-existent.
1.24 Article – 368
Power of the Parliament of India to amend the Constitution
The Constitution of India provides constituent power to make amendments and empowers Parliament to which is different from the procedure for ordinary legislation to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein,
Concepts like Power of judicial separation of Powers, review secularism, democracy, and drop separate the scope of amendatory power of the Parliament.
1.25 Power to make change in the
basic structure of the Constitution of India:
The power to make changes to the Basic Structure of the Constitution of India vests only in the People sitting as a nation, through its representative in constituent assembly.
If anyone of these were to be deleted, it would amount to have changes made not only in Part II of the Constitution but also in the Article 245 of the Constitution of India.
With the finding the above mentioned significant provisions, it is imperative to draw some conclusion. Since subject is what every India should know about the Constitutional Laws, it is imperative to list down the key areas of benefits that the reader should be benefitted out of this report.
The important interesting facts about Constitution of India
The Constitution of India is the Charter law of the nation India and derives various powers, enriches with fundamental rights and vests certain duties on every Citizen of India. The Constitution of India defines the three functions, Legislature, Judiciary and Executive and mark a balance between all the three. It delegates powers to CAG, Supreme Court, and High Courts of various State Judicature. It provides powers to the President of India.
Therefore, it is the duty of every citizen to understand and respect the importance of this legendary piece of legislation.
For lawyers, while interpreting any statute, it is imperative to understand and connect provisions of such other legislation with those of Constitution of India.