CS EXECUTIVE CONSTITUTION OF INDIA IMPORTANT LECTURE - TOPIC
CS EXECUTIVE CONSTITUTION OF INDIA IMPORTANT LECTURE – TOPIC
CS EXECUTIVE CONSTITUTION OF INDIA IMPORTANT LECTURE & TOPIC
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An interesting topic from General and Commercial Law – ‘Constitution of India’ is discussed below :
Constitution of India
Our country is regulated by the Constitution of India. It was adopted on 26th November 1949 and actually came into force on 26th January 1950. The Parliament cannot override it because it is created by a special Constituent Assembly. It contains 395 articles (divided into 22 parts and 12 schedules).
Constitution of India is the supreme law which deals not only with the structure of Government but also defines Rights of Citizens, Principles to be followed by the state in the governance of the country.
Preamble to Constitution of India
PREAMBLE means an introduction to the Constitution of India. It describes nature of the state and the objectives it is committed to secure. It declares India to be a Sovereign, Socialist, Secular, and Democratic Republic.
“Sovereign” means India is free both internally and externally to take its own decisions and implement them for its people and territories.
“Socialist” added by the 42nd amended aims to secure Justice- social, economic, and political.
“Secular” also added by 42nd amendment and means that it gives equal freedom to all the religions and gives no special status to any religion.
“Democratic Republic” means that our government is of the people, by the people, and for the people.
Structure of the Constitution – Whether Federal or Unitary
The Constitution is generally either Unitary or Federal. Unitary means power flows from a single top authority whereas Federal means there are different layers of authority and each layer has separate powers all decided by the constitution.
Our Constitution is basically federal with certain unitary features.
The federal features of the Constitution are-
Dual Authority: We have two governments i.e. Central and State.
Distribution of Power: The Constitution distributes the power to make law by way of Union List, State List and Concurrent List (where both Union and State can make laws).
Supremacy of Constitution: The 3 pillars of our legal system i.e. legislature, executive and judiciary all are subordinates to the constitution of India i.e. none of them can surpass the Constitution of India.
Independence of Judiciary: The judiciary of our country is totally independent and neither the legislature nor the executive can control the judiciary.
Written Constitution: The Constitution of India is a written document.
However, even though our Constitution has federal features but in the time of need, they become unitary i.e. Union has more power than the State.
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