Essay, Paragraph or Speech on “Outlines of India’s Constitution” Complete Essay, Speech for Class 10, Class 12 and Graduation and other classes.

Outlines of India’s Constitution

The Constitution which envisages parliamentary form of I Government is federal in structure with unitary features. President of India is the constitutional head of the executive of the Union. Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as head to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice. Real executive power thus vests in Council of Ministers with Prime Minister as head. The Council of Ministers is collectively responsible to the House of the People (Lok Sabha). Similarly in States, Governor is head of executive, but it is the Council of Ministers with Chief Minister as the head in whom real executive power vests. The Council of Ministers in a State is collectively responsible to Legislative Assembly.

 The Constitution distributes legislative power between Parliament and State legislatures and provides for vesting of residual powers in Parliament. Power to amend the Constitution also vests in Parliament.

The Union and its Territory: India comprises 28 states and seven union territories. States are: Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Goa; Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh, Uttarakhand and West Bengal. Union territories are Andaman and Nicobar Islands. Chandigarh, Dadra and Nagar Haveli, Daman and Diu, National Capital Territory of Delhi, Lakshadweep and Pondicherry.

Main Features of India’s Constitution

Citizenship: The Constitution of India provides for a single and uniform citizenship for whole of India. Every person who was at commencement of the Constitution (26th January, 1950) domiciled in the territory of India and: (a) who was born in the territory of India or (b) either of whose parents was born in the territory of India or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. The Citizenship Act, 1955 provides for acquisition and termination of citizenship after the commencement of the Constitution.

Section 4(1) of the Citizenship Act. 1955 was amended on 10th December, 1992 to grant equal rights to women with men in respect to the nationality of their children born outside India.

Fundamental Rights: The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution In form of six broad categories of Fundamental Rights which are justiciable. Articles 12 to 35 confined in Part III of the Constitution deal with Fundamental Rights. These are: (i) right to equality including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth and equality of opportunity in matters of employment; (ii) right to freedom of speech and expression; assembly; association or union; movement; residence; and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality); (iii) right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings; (iv) right to freedom of conscience and free profession, practice and propagation of religion; (v) right of any section of citizens to conserve their culture, language or script and right of minorities to establish and administer educational institutions of their choice, and (vi) right to constitutional remedies for enforcement of Fundamental Rights.

Fundamental Duties: By the 42nd Amendment of the Constitution adopted in 1976. Fundamental Duties of the citizens have also been enumerated. Article 51 ‘A’ contained in Part IV-A of the Constitution deals with Fundamental Duties. These enjoin upon a citizen, among other things, to abide by the Constitution, to cherish and follow noble ideals which inspired our national struggle for freedom, to defend the country and render national service when called upon to do so and to promote harmony and spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities.

Directive Principles of State Policy: The Constitution lays down certain Directive Principles of State Policy which though not justiciable, are ‘fundamental in governance of the country’ and it is ‘the duty of the State to apply these principles in making laws’. These lay down that the State shall strive to promote welfare of people by securing and protecting as effectively as it may a social order in which justice—social, economic and political, shall inform all institutions of national life. The State shall direct its policy in such a manner as to secure the right of all men and women to an adequate means of livelihood, equal pay for equal work and within limits of its economic capacity and development to make effective provision for securing the right to work, education and to public assistance in the event of unemployment, old age, sickness and disablement or other cases of undeserved want. The State shall also endeavour to secure to workers a living wage, human conditions of work, a decent standard of life and full involvement of workers in management of industries.

In economic sphere, the State is to direct its policy in such a manner as to secure distribution of ownership and control of material resources of community to observe the common good and to ensure that operation of economic system does not result in concentration of wealth and means of production to common detriment.

Some of the other important directives relate to provision of opportunities and facilities for children to develop in a healthy manner, free and compulsory education for all children upto the age of 14; promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections; organisation of village panchayats; separation of judiciary from executive: promulgation of a uniform civil code for whole country, protection of national monuments; promotion of justice on the basis of equal opportunity; provision of free legal aid; protection and improvement of environment and safeguarding of forests and wildlife of country, and pro-motion of international peace and security just and honourable relations between nations, respect for international law, treaty obligations and settlement of international disputes by arbitration.

THE UNION

Executive: The Union executive consists of President, Vice President and Council of Ministers with Prime Minister at the head to aid and advise President.

President: President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the States in accordance with the system of proportional representation by means of single transferable vote. To secure uniformity among States inter se as well as panty between the States as a whole and the Union; suitable weightage is given to each vote. President must be a citizen of India, not less than 35 years of age and qualified for election as a member of the Lok Sabha. His term of office is five years and he is eligible for re-election. His removal from office is to be in accordance with procedure prescribed in Article 61 of the Constitution. He may, by writing under his hand addressed to Vice President, resign his office. Executive power of the Union is vested in President and is exercised by him either directly or through offices subordinates to him in accordance with the Constitution. Supreme Command of defense forces of the Union also vests in him. President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha; promulgates Ordinances at any time, except when both Houses of Parliament are in session; makes recommendations for introducing financial and money bills and gives assent to bills; grants pardons. reprieves respites or remissions of punishment or suspends, remits or commutes sentences in certain cases. When there is a failure of the constitutional machinery in a State, he can assume to himself all or any of the functions of the government of that State. President can proclaim emergency in the country if he is satisfied that a grave emergency exists whereby security of India or of any part of its territory is threatened whether by war or external aggression or armed rebellion.

Vice President: Vice President is elected by members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote. He must be a citizen of India, not less than 35 years of age and eligible for election as a member of the Rajya Sabha. His term of office is five years and he is eligible for re-election. His removal from office is to be in accordance with procedure prescribed in Article 67b.

Vice President is the ex-officio Chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence, illness or any other cause or till the election of a new President (to be held within six months) when a vacancy is caused by death, resignation or removal or otherwise of President. While so acting, he ceases to perform the function of the Chairman of the Rajya Sabha.

Council of Ministers: There is a Council of Ministers headed by Prime Minister to aid and advise President in exercise of his functions. Prime Minister is appointed by President who also appoints other ministers on the-advice of Prime Minister. The Council is collectively responsible to the Lok Sabha. It is the duty of Prime Minister to communicate to President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them. The Council of Ministers comprises ministers who are Members of Cabinet, Ministers of State (independent charge), Ministers of State and Deputy Ministers.

Legislature: Legislature of the Union which is called Parliament consists of President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). Each House of Parliament has to meet within six months of its previous sitting. A joint sitting of two Houses can be held in certain circumstances.

Rajya Sabha: According to the Constitution, the Rajya Sabha shall consist of not more than 250 members. The Constitution provides that the Rajya Sabha shall consist of 12 members having special knewiedge or practical experience in respect of such matters as literature, science, art and social service who shall be nominated by the President; and not more than 238 representatives of the States and of the Union Territories. Elections to the Rajya Sabha are indirect: members representing States are elected by elected members of Legislative Assemblies of the State in accordance with the system of proportional representation by means of the single transferable vote and those representing Union Territories are chosen in such manner as Parliament may by law prescribe. The Rajya Sabha is not subject to dissolution, one-third of its members retire on expiry of every second year.

Lok Sabha: The Lok Sabha is composed of representatives of people chosen by direct election on the basis of adult suffrage. Maximum strength of the House envisaged by the Constitution is now 552 (530 members to represent States, 20 members to represent Union Territories and not more than two members of Anglo-Indian community to be nominated by President, if, in his opinion. that community is not adequately represented in the House). Total elective membership of the Lok Sabha is distributed among States in such a way that ratio between number of seats allotted to each State and population of the State is, as far as practicable, the same for all States. The Lok Sabha at present consists of 545 members. Of these, 530 members are directly elected from 28 States and 13 from seven Union Territories while two are nominated by President to represent Anglo-Indian community. Allocation of seats in the present Lok Sabha is based on 1971 census.

Term of the Lok Sabha, unless dissolved, is five years from the date appointed for its first meeting. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not extending, in any case, beyond a period of six months after the proclamation has ceased to operate.

Qualifications for Membership of Parliament In order to be chosen a Member of Parliament, a person must be a citizen of India and not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha. Additional qualifications may be prescribed by Parliament by law.

Functions and Powers of Parliament As in other parliamentary democracies, Parliament of India has cardinal functions of legislation overseeing of administration, passing of budget, ventilation of public grievances, discussing various subjects like development plans, international relations and national policies. Distribution of powers between the Union and States, followed in the Constitution, emphasises in many ways general predominance of Parliament in the legislative field. Apart from wide range of subjects, even in normal times Parliament can, under certain circumstances, assume legislative power, a subject falling within the sphere exclusively reserved for the States. Parliament is also vested with powers to impeach the President and to remove judges of Supreme Court and High Courts. Chief Election Commissioner and Comptroller and Auditor-General in accordance with procedure laid down in the Constitution.

All legislation requires consent of both Houses of Parliament. In case of money bills, however, the will of the Lok Sabha prevails. Delegated legislation is also subject to review and control by Parliament. Besides power to legislate, the Constitution vests in Parliament power to initiate amendment of the Constitution.

Parliamentary Committees: Functions of Parliament are not only varied in nature but considerable in volume. Time at its disposal is limited. It cannot therefore, give close consideration to all legislative and other matters that come up before it. A good deal of its business is, therefore, transacted in committees. Both Houses of Parliament have similar committee structure, with a few exceptions. Their appointment, terms of office, functions and procedure of conducting their business, are also more or less, similar and are regulated under provisions of rules made by two Houses under Article 118(1) of the Constitution.

Broadly, parliamentary committees are of two kinds, standing committees and ad hoc committees. The former are elected or appointed every year or periodically and their work goes on more or less, on a continuous basis. The latter are appointed on an ad hoc basis as need arises and they cease to exist as soon as they complete the task assigned to them and have submitted their reports.

Standing Committees: Among standing committees, three financial committees—Committees on Estimates. Public Accounts and Public Undertakings constitute a distinct group and they keep an unremitting vigil over government expenditure and performance. While members of the Rajya Sabha are associated with committees on Public Accounts and Public Undertakings, members of the Committee on Estimates are drawn entirely from the Lok Sabha.

Estimates Committee reports on what economies, improvements in organisation, efficiency or administrative reform consistent with policy underlying the estimates may be affected. It also examines whether the money is well laid out within limits of the policy implied in the estimates and suggests the form in which estimates shall be presented to Parliament. Public Accounts Committee scrutinizes appropriation and finance accounts of Government and reports of the Comptroller and Auditor General. It ensures that public money is spent in accordance with Parliament’s decision and calls attention to cases of waste, extravagance, loss or nugatory expenditure. Committee on Public Undertakings examines reports and accounts of certain specified public undertakings and reports of the Comptroller and Auditor General. if any It also examines  whether public undertakings are being run efficiently and managed in accordance with sound business principles and Prudent commercial practices. Control exercised by these committees is of a continuous nature. They gather information through questionnaires, memoranda from representative non-official organisations and knowledgeable individuals, on-the-spot studies of organisations and oral examination of non-official and official witnesses. Between them, Financial Committees examine and report on a fairly large area of multifarious Government activities at the Centre.