Indian Constitution PDF

The British came to India in 1600 as traders, in the form of East India Company, which had the exclusive right of trading in India under a charter granted by Queen Elizabeth I In 1765, the Company, which till now had purely trading functions obtained the ‘diwani’ (i.e., rights over revenue and civil...

The British came to India in 1600 as traders, in the form of East India Company, which had the exclusive right of trading in India under a charter granted by Queen Elizabeth I In 1765, the Company, which till now had purely trading functions obtained the ‘diwani’ (i.e., rights over revenue and civil justice) of Bengal, Bihar and Orissa. This started its career as a territorial power. In 1858, in the wake of the ‘sepoy mutiny’, the British Crown assumed direct responsibility for the governance of India. This rule continued until India was granted independence on August 15, 1947 With Independence came the need of a Constitution. A Constituent Assembly was formed for this purpose in 1946 and on January 26, 1950, the Constitution came into being. However, various features of the Indian Constitution and polity have their roots in the British rule.  Salient features of the Indian Constitution Written Constitution Constitutions are classified into written, like the American Constitution, or unwritten, like the British Constitution. The Constitution of India is the lengthiest of all the written constitutions of the world. It is a very comprehensive, elaborate and detailed document. Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules. Four factors have contributed to the elephantine size of our Constitution. They are: (a) Geographical factors, that is, the vastness of the country and its diversity. (b) Historical factors, e.g., the influence of the Government of India Act of 1935, which was bulky. (c) Single Constitution for both the Centre and the states except Jammu and Kashmir4. (d) Dominance of legal luminaries in the Constituent Assembly.  Drawn From Various Sources The Constitution of India has borrowed most of its provisions from the constitutions of various other countries as well as from the Government of India Act of 1935. Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’ Blend of Rigidity and Flexibility Constitutions are also classified into rigid and flexible. A rigid Constitution is one that requires a special procedure for its amendment, as for example, the American Constitution. A flexible constitution, on the other hand, is one that can be amended in the same manner as the ordinary laws are made, as for example, the British Constitution. Federal System with Unitary Bias The Constitution of India establishes a federal system of government. It contains all the usual features of a federation, viz., two government, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism. However, the Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all- India services, emergency provisions, and so on.  Parliamentary Form of Government The Constitution of India has opted for the British parliamentary System of Government rather than American Presidential System of Government. The parliamentary system is based on the principle of cooperation and co-ordination between the legislative and executive organs while the presidential system is based on the doctrine of separation of powers between the two organs. Integrated and Independent Judiciary The Indian Constitution establishes a judicial system that is integrated as well as independent. The Supreme Court stands at the top of the integrated judicial system in the country. Fundamental Rights Part III of the Indian Constitution guarantees six fundamental rights to all the citizens. Directive Principles of State Policy According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution. The directive principles are meant for promoting the ideal of social and economic democracy. They seek to establish a ‘welfare state’ in India  Fundamental Duties The original constitution did not provide for the fundamental duties of the citizens. These were added during the operation of internal emergency (1975–77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. A Secular State The Constitution of India stands for a secular state. Hence, it does not uphold any particular religion as the official religion of the Indian State. Universal Adult Franchise The Indian Constitution adopts universal adult franchise as a basis of elections to the Lok Sabha and the state legislative assemblies. The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act of 1988. Single Citizenship Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship, that is, the Indian citizenship  Independent Bodies The Indian Constitution not only provides for the legislative, executive and judicial organs of the government (Central and state) but also establishes certain independent bodies. They are envisaged by the Constitution as the bulworks of the democratic system of Government in India e,g EC, UPSC,CAG. Three-tier Government Originally, the Indian Constitution, like any other federal constitution, provided for a dual polity and contained provisions with regard to the organisation and powers of the Centre and the states. Later, the 73rd and 74th Constitutional Amendment Acts (1992) have added a third-tier of government (i.e., local) which is not found Emergency Provisions The Indian Constitution contains elaborate emergency provisions to enable the President to meet any extraordinary situation effectively in any other Constitution of the world.  Challenges First, the partition of the country and the subsequent mayhem in Punjab and Bengal led to a shocking state of nervousness among the leaders who immediately set on to devise ways and means to instil in the people the confidence in the governability of the country. Moreover, the onerous task of ensuring the integration of over 500 princely states in the Indian Union appeared quite challenging in view of the ambivalent, if not totally defiant, positions taken by the rulers of the states like Junagadh, Hyderabad, and Jammu and Kashmir. Second, the carving out of Pakistan did not mean the conversion of India into a homogenous country as more than 10 per cent of the total Muslim population of the country was left in India whose religious and cultural identities needed to be protected. In the face of such a diverse cultural base of the people, it was really a stupendous task to provide for sufficient constitutional provisions to protect the distinct religious-cultural identities of the citizens, without compromising the unity and integrity of the country  Third, the tone and tenor of the national movement had aroused a high level of expectation among the common people in general and the hitherto marginalized sections of the society, like the Scheduled Castes, Scheduled Tribes, and the other backward people in particular, to experience a new dawn with the inauguration of the Constitution of independent India. India was bound to usher in a full blown democracy, irrespective of its preparedness to experience the mass scale of democracy based on universal adult franchise on the one hand, and the lurking dangers to the unity and integrity of the nascent nation from the dynamics of electoral politics on the other Combined together, these riddles of constitution-making in independent India acted both as challenges as well as opportunities for the Constitution-makers to show their fullest constitutional acumen and innovativeness. Analyzing the inherent philosophical moorings of the Indian constitution, Granville Austin discerns a ‘seamless web’, consisting of three strands namely, protecting and enhancing national unity and integrity, establishing the institutions and spirit of democracy, and fostering a social revolution to better the lot of the mass of Indians.  To be precise, the framers banked heavily upon the colonial construction, that is, the Government of India Act, 1935, to get the foundational base of the Constitution of India, which is an ironic epitome of the fact that the framers could not move much away from the system of governance devised by the British for India. However, the physical structure of the Constitution of India, as drawn from the earlier mentioned sources, would have remained hollow and infertile, had the breathing spirit to it not been provided by the Objective Resolution, drafted by Nehru himself, and approved by the Constituent Assembly on 22 January 1947  The Preamble The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly. It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words—socialist, secular and integrity On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure. The Preamble is often referred to as the soul of the Indian Constitution, affording a key to its letter and spirit. The term ‘preamble’ refers to the introduction or preface to the Constitution. It contains the summary or essence of the Constitution. The Preamble embodies the basic philosophy and fundamental values—political, moral and religious —on which the Constitution is based. It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution. N A Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the ‘identity card of the Constitution.’  INGREDIENTS OF THE PREAMBLE The Preamble reveals four ingredients or components: 1. Source of authority of the Constitution: The Preamble states that the Constitution derives its authority from the people of India. 2. Nature of Indian State: It declares India to be of a sovereign, socialist, secular democratic and republican polity. 3. Objectives of the Constitution: It specifies justice, liberty, equality and fraternity as the objectives. 4. Date of adoption of the Constitution: It stipulates November 26, 1949 as the date. Certain key words in the Premable—Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality and Fraternity—are explained as follows: Sovereign: The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state. There is no authority above it, and it is free to conduct its own affairs (both internal and external)  The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state.. There is no authority above it, and it is free to conduct its own affairs (both internal and external) Socialist Even before the term was added by the 42nd Amendment in 1976, the Constitution had a socialist content in the form of certain Directive Principles of State Policy. In other words, what was hitherto implicit in the Constitution has now been made explicit. Notably, the Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’ (also known as ‘state socialism’) which involves the nationalisation of all means of production and distribution and the abolition of private property. Democratic socialism, on the other hand, holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side  Secular The term ‘secular’ too was added by the 42nd Constitutional Amendment Act of 1976. However, as the Supreme Court said in 1974, although the words ‘secular state’ were not expressly mentioned In the Constitution, there can be no doubt that Constitution-makers wanted to establish such a state and accordingly Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution. The Indian Constitution embodies the positive concept of secularism i.e, all religions in our country (irrespective of their strength) have the same status and support from the state Democratic A democratic polity, as stipulated in the Preamble, is based on the doctrine of popular sovereignty, that is, possession of supreme power by the people. The Indian Constitution provides for representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions. Universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination on certain grounds are the manifestations of the democratic character of the Indian polity  The term ‘democratic’ is used in the Preamble in the broader sense embracing not only political democracy but also social and economic democracy. Republic A democratic polity can be classified into two categories—monarchy and republic. In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that is, he comes into office through succession, eg, Britain. In a republic, on the other hand, the head of the state is always elected directly or indirectly for a fixed period, eg, USA. Therefore, the term ‘republic’ in our Preamble indicates that India has an elected head called the president. He is elected indirectly for a fixed period of five years. A republic also means two more things: one, vesting of political sovereignty in the people and not in a single individual like a king; second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination. Justice The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles  Liberty The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities. The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their Fundamental Rights, enforceable in court of law, in case of violation. However, liberty does not mean ‘license’ to do what one likes, and has to be enjoyed within the limitations mentioned in the Constitution itself. Equality The term ‘equality’ means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination. The Preamble secures to all citizens of India equality of status and opportunity. This provision embraces three dimensions of equality—civic, political and economic Fraternity Fraternity means a sense of brotherhood. The Constitution promotes this feeling of fraternity by the system of single citizenship. Also, the Fundamental Duties (Article 51-A) say that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities.  SIGNIFICANCE OF THE PREAMBLE The Preamble embodies the basic philosophy and fundamental values—political, moral and religious—on which the Constitution is based. It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution. Preamble as part of constitution One of the controversies about the Preamble is as to whether it is a part of the Constitution or not. In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Further, where the terms used in any article are ambiguous or capable of more than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not a part of the Constitution. In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution. Amendment.  Fundamental Rights The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. In this regard, the framers of the Constitution derived inspiration from the Constitution of USA Part III of the Constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights. The Fundamental Rights are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land. They are ‘fundamental’ also in the sense that they are most essential for the all-round development of the individual. The inclusion of a detailed scheme of fundamental rights in the Constitution marks the culmination of a long and sustained desire of the Indians to be bestowed with the basic liberties of free and happy. Indeed, the formation of the Indian National Congress in 1885 was, among other things, aimed at ensuring the same rights and privileges for Indians that the British enjoyed in their own country.  Originally, the Constitution contained seven fundamental rights. But the right to property was repealed in 1978 by the Forty fourth Constitutional Amendment Right to equality (Articles 14–18) Right to freedom (Articles 19–22) Right against exploitation (Articles 23–24) prohibiting all forms of forced labour, child labour Right to freedom of religion (Articles 25–28) Cultural and educational rights (Articles 29–30) Right to constitutional remedies (Article 32) These rights have been protected against undue infringement by the state excepting certain specific circumstances provided under the Constitution. Described by Austin, along with the Directive Principles of State Policy, as the conscience of the Constitution, the fundamental rights arguably constitute the soul of the Constitution  Moreover, the scope of the fundamental rights are wide enough to encompass practically all those rights which human ingenuity has found to be essential for the development and growth of the personalities of the citizens of the country. Article 32, the Supreme Court is given the original jurisdiction to entertain the petition of a person whose fundamental right has been infringed, and is empowered with various writs which can be issued to secure the enjoyment of these rights. Despite being taken as the bedrock of democratic life in the country, the fundamental rights have not been made absolute since several reasonable restrictions have been placed on their enjoyment. The reasonable restrictions can be imposed specifically in the interests of the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, morality, health, and so on.  Though these restrictions, no doubt, appear to be an attempt on the part of the framers to strike a balance between individual liberty and the social good, in the course of the functioning of the Constitution, it was rightly apprehended that the state might, under the garb of reasonable restrictions, put undue infringement on the enjoyment of these rights. Consequently, the endeavour of the courts in the country has been to do a rigorous check on the reasonableness of the restriction, as and when they are imposed to curtail the rights of the people. Proclamation of a state of emergency provides another circumstance when the enjoyment of fundamental freedoms guaranteed under Article 19 may be suspended. Reasonable restrictions notwithstanding, the fundamental rights appear to be big restrictions on the legislative, executive, and to some extent, judicial powers of the state. More importantly, the restrictions on the fundamental rights do not apply only on the state agencies but also on private individuals and organizations. e.g Article 17 and 23- abolition of untouchability and begging respectively  Fundamental Duties Though the rights and duties of the citizens are correlative and inseparable, the original constitution contained only the fundamental rights and not the fundamental duties. In other words, the framers of the Constitution did not feel it necessary to incorporate the fundamental duties of the citizens in the Constitution. However, they incorporated the duties of the State in the Constitution in the form of Directive Principles of State Polity. Later in 1976, the fundamental duties of citizens were added in the Constitution. In 2002, one more Fundamental Duty was added. The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR. SWARAN SINGH COMMITTEE RECOMMENDATIONS In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975–1977).  The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution. It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well. The Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens. LIST OF FUNDAMENTAL DUTIES According to Article 51 A, it shall be the duty of every citizen of India: (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals that inspired the national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India;  (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women (f) to value and preserve the rich heritage of the country’s composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures; (h) to develop scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; and (k) to provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.  Features Like the Directive Principles, the fundamental duties are also non-justiciable. The Constitution does not provide for their direct enforcement by the courts. Moreover, there is not legal sanction against their violation. However, the Parliament is free to enforce them by suitable legislation. Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners the Fundamental Duties are confined to citizens only and do not extend to foreigners. CRITICISM OF FUNDAMENTAL DUTIES The Fundamental Duties mentioned in Part IVA of the Constitution have been criticised on the following grounds: 1. The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying taxes, family planning and so on. In fact, duty to pay taxes was recommended by the Swaran Singh Committee.  2. Some of the duties are vague, ambiguous and difficult to be understood by the common man. For example, different interpretations can be given to the phrases like ‘noble ideals’, ‘composite culture’, ‘scientific temper’ and so on 3. They have been described by the critics as a code of moral precepts due to their non- justiciable character. Interestingly, the Swaran Singh Committee had suggested for penalty or punishment for the non-performance of Fundamental Duties. 4. Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties included in the Constitution as fundamental would be performed by the people even though they were not incorporated in the Constitution SIGNIFICANCE OF FUNDAMENTAL DUTIES In spite of criticisms and opposition, the fundamental duties are considered significant from the following viewpoints: 1. They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens. 2. They serve as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on. 3. They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them.  DIRECTIVE PRINCIPLES OF STATE POLICY The provision of the Directive Principles of State Policy in the Constitution was the culmination of the humanitarian and socialist ideas nurtured by a majority of the leaders of the national movement who aspired for not only a political democracy for India but also a socio-economic democracy. Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. FEATURES OF THE DIRECTIVE PRINCIPLES The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. DPSP are not enforceable in a court of law. They were made non-justifiable considering that the State may not have enough resources to implement all of them or it may even come up with some better and progressive laws. It consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country.  The DPSPs are like a collection of instructions and directions, which were issued under the Government of India Act, 1935, to the Governors of the colonies of India. It constitutes a very comprehensive economic, social and political guidelines or principles and tips for a modern democratic State that aimed towards inculcating the ideals of justice, liberty, equality and fraternity as given in the preamble. Adding DPSP was all about creating a “welfare state” which works for the individuals of the country which was absent during the colonial era. Three broad categories: Socialistic, Gandhian and liberal-intellectual Defines the “state”, Social, Political and Economic Justice, Free Legal aid, Organization of Panchayats, Welfare Government, Securing just and humane work and maternity relief, Fair wages and a decent standard of life, Uniform Civil Code, Infant and Child Care, Protection of SCs, STs and other weaker sections from exploitation, Environment and Wildlife Protection, Protection of monuments and places and objects which have national importance etc. 42th Amendment 1976 added four new directive principles: free legal aid to poor, healthy development of children, safeguard forests and wild life, secure the participation of workers in the management of industries.  Enforceability of DPSP DPSP were not made enforceable by the Constituent Assembly which was formed to draft the Indian Constitution. But the non-enforceability of the Principles does not mean that they are of no importance. There are some arguments which are in favor of its enforceability and some are against the making of DPSP enforceable. Those who favor the enforcement of the Principles argue that enforceability of DPSPs will keep a check on the Government and would unite India. For instance, Article 44 of the Indian Constitution talks about the Uniform Civil Code which aims for uniform provisions of civil law for all the citizens of the country irrespective of their caste, creed, religion or beliefs. People who are against the enforcement of the DPSPs are of the view that these principles need not be separately enforced as there are already many laws which indirectly implements the provisions mentioned in DPSP. For instance, Article 40 of the Constitution which deals with Panchayati Raj system was introduced through a constitutional amendment, and it is very evident that there are numerous panchayats exist in the country today.  Amendment in Constitution There is a reason why the fathers of our constitution made the constitution as flexible as it is today. This is to ensure that the document evolves and grows along with the nation. Thus, under Article 368, the powers of the Parliament to amend the constitution is unrestricted with regards to sections of the constitution they wish to amend. Isn’t it the constitution that gives power to the government? If that is so, how can the Government have such a power over a document which gives its authority? But the Parliament having absolute power over amending the constitution is dangerous. Instead of being the backbone of our democracy, the constitution will be reduced to a tool to establish Parliament’s totalitarianism. The government will amend various provisions to make sure it’s powers are unfettered. That is why the judiciary through various landmark cases has established The Basic Structure Doctrine of The Indian Constitution.  The Basic Structure Doctrine states there are certain fundamental structures and founding principles of the constitution which make the backbone of the constitution. In simple terms, they are ideologies of the constitution which are essential for the survival of the constitution. Example: Supremacy of the Constitution, Sovereign, Secular character of the Constitution, Separation of powers, Federal character of the Constitution, Unity and integrity of the nation, Judicial review etc. Though the questions on the limits of amending power of Parliament were raised very soon after the inauguration of the Constitution in 1951 in the case of Sankari Prasad vs Union of India, the Supreme Court took the position till 1967 that the Parliament has unfettered powers to amend the Constitution. This position was dramatically reversed by the Supreme Court in the case of Golak Nath vs State of Punjab in 1967, ruling that the Parliament has no power to amend the provisions on fundamental rights, leading to serious resentment in the political circles that started groping to find a way out of this all imposing judgement.  Responding by way of the Twenty-fourth and Twenty-fifth Amendments, the government sought to turn the table on the Supreme Court by not only nullifying what the Court had provided for in the Golak Nath case but also by extending the whip to the office of the President by providing that when a constitutional amendment is presented to him for his assent, he shall give his assent and that he would not have any discretion in this regard. Creating again an opportunity for a stand-off between the government and the Supreme Court, the Twenty-fourth and Twenty-fifth Amendments were challenged in the Supreme Court in the case of Keshvanand Bharti vs State of Kerala in 1973. The historic judgement in the Keshvanand Bharti case tried to restore the precarious balance between the government and the judiciary on the issue of amendability of the Constitution by overruling Golak Nath, upholding the Twenty-fourth and Twenty-fifth Amendments. (Basic structure doctrine) Basic structure doctrine states that the parliament has limitless power to amend the constitution subject to the condition that such amendments should not change the Constitution’s basic structure. The essence of the statement of the nine judges was that Article 368 did not enable Parliament to alter the basic structure or framework of the Constitution.  Article 368 lays down the process by which the Parliament can amend the constitution. The process is as followed. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. Simple majority: First, the Constitution can be amended by introducing an amending Bill in either House of Parliament, which needs to be passed by a majority in each house with two-thirds of the members present and voting, after which it is sent for the presidential assent, at the receipt of which it becomes an amendment. Special majority: The second method relates to the Articles enumerated under the proviso to Article 368 items from (a) to (e), dealing with the subjects of the method of election of the President of India; distribution of legislative powers between the Union and the states; extent of the executive power of the Union and the states; representation of the states in Parliament; provisions relating to the Supreme Court and the high courts; and the amendment of the Constitution itself.  To amend any of these Articles, the amending Bill is not only to be passed by a majority of total membership in each house and majority of not less than two- thirds of the members present and voting in each House but also ratification by at least one-half of the state legislatures. Special majority of the Parliament and the ratification of half of the state legislatures. Third, the Constitution can be amended by a simple majority vote in the two Houses of Parliament, followed by the assent of the President. The basic percepts, with which this provision deals with, like formation of new states, alteration of state boundaries, changing name of states, delimitation of constituencies, qualifications for citizenship, quorum in Parliament, and so on. Parliamentary System The roots of the demand for a parliamentary system of governance in the country may, arguably, be traced back to the early twentieth century when the Indians persistently demanded the establishment of parliamentary institutions on the pattern of British polity.  Providing a more deep-seated account for the adoption of parliamentary system by the Constituent Assembly, Austin points out four compelling reasons. First, the alternative of panchayat based system of governance, rooted in the Gandhian frame of analysis, did not find favour with the framers of the const. Second, the commitment of many members of the Constituent Assembly to ‘Socialism’ also emboldened the pursuits to go for a parliamentary system, for, socialism and democratic government were taken as supplementary to each other Third, the immediate challenges, posed to the well-being of the people on the one hand, and the unity and integrity of the country, on the other, also tilted the balance in favour of the parliamentary system. The institution of Parliament was probably the only operational guarantee which the framers could think of, to ensure the unscathed functioning of federalism in the country by bringing about a harmonious co-existence of the Centre as well as the states under the overall rubric of the Union of India. Last, the unflinching faith of the members of Assembly in the need for universal adult franchise as the basic factor to herald the social revolution in the country also weighed decisively in favour of parliamentary democracy, as the Parliament so elected was construed to represent the people as a whole, ensuring representation to all sections of society and fostering the socio- economic revolution to usher in a true democratic governance in the country.  The Constitution of India provides for a parliamentary form of government, both at the Centre and in the states. Articles 74 and 75 deal with the parliamentary system at the Centre and Articles 163 and 164 in the states. Modern democratic governments are classified into parliamentary and presidential on the basis of nature of relations between the executive and the legislative organs of the government. FEATURES OF PARLIAMENTARY GOVERNMENT The features or principles of parliamentary government in India are: Nominal and Real Executives The President is the nominal executive (de jure executive or titular executive) while the Prime Minister is the real executive (de facto executive). Thus, the President is the head of the State, while the Prime Minister is head of the government. Majority Party Rule The political party which secures majority seats in the Lok Sabha forms the government. The leader of that party is appointed as the Prime Minister by the President; other ministers are appointed by the President on the advice of the prime minister.  Collective Responsibility This is the bedrock principle of parliamentary government. The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular (Article 75). The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence. Political Homogeneity Usually members of the council of ministers belong to the same political party, and hence they share the same political ideology. Double Membership The ministers are members of both the legislature and the executive. This means that a person cannot be a minister without being a member of the Parliament. Leadership of the Prime Minister The Prime Minister plays the leadership role in this system of government. He is the leader of council of ministers, leader of the Parliament and leader of the party in power. Dissolution of the Lower House The lower house of the Parliament (Lok Sabha) can be dissolved by the President on recommendation of the Prime Minister.  COMPOSITION OF THE PARLIAMENT Conventionally, like the other parliamentary systems in the world, the composition of the Indian Parliament is also visualized in terms of the President of India and the two Houses, namely, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). Devoid of any capacity to unduly influence or deflate the powers and position of the Parliament, the presidential role in the parliamentary arena appears to be primarily, if not totally, ceremonial. Rajya Sabha Unlike the British perspective on the shape of the Indian polity, the various reports authored by Indians like Motilal Nehru and Tej Bahadur Sapru invariably argued for the second chamber, rejecting, though, the American formula of giving equal representation to the states in the House. The provision of a second chamber in practically all the federations of the world inspired the framers to go for the second chamber on the assumption of it to become the custodian of interests of the units of the federation  The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president. Among other qualifications to become a member of the House, the bar of maximum age appears to have been raised to thirty in order to secure the maturity of the members in the House. The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies for a period of six years. The election is held in accordance with the system of proportional representation by means of the single transferable vote. The seats are allotted to the states in the Rajya Sabha on the basis of population. Immune from the apprehension of pre-mature dissolution, the House functions on a permanent basis with one-third of its members retiring every two years. Importantly, securing a suitable and dignified functional position for the Vice President, the Constitution envisages him to be the Chairperson of the Rajya Sabha to be assisted by a Deputy Chairman elected by the members from amongst themselves.  While in the name of ushering into a true era of democracy, its position has been compromised in comparison with the Lok Sabha, in the name of making it the custodian of federal features of the polity, certain exclusive powers have also been granted to it. Due to its federal character, the Rajya Sabha has been given two exclusive or special powers that are not enjoyed by the Lok Sabha: 1. It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249). 2. It can authorise the Parliament to create new All-India Services common to both the Centre and states (Article 312). Lok Sabha Envisaged to be the popular House in contrast to the Rajya Sabha, the Lok Sabha is the representative chamber of the Indian Parliament with its members elected directly by the people from the territorial constituencies of the states and the union territories distributed all over the country.  Constitutionally confined at the membership not exceeding 552, including the two nominated members to represent the Anglo-Indian community. Chosen for a term of five years to begin with, the Lok Sabha can be dissolved by the President under certain exigencies. Also, in the time of the proclamation of an emergency in the country, the term of the Lok Sabha can be extended by Parliament for a period of one year at a time and the elections need to take place for the same within six months of the withdrawal of the proclamation of emergency. Further, the Lok Sabha is presided over by the Speaker, who by virtue of his position, assumes greater responsibilities in the functioning of the parliamentary system in the country apart from the routine functions of chairing the sittings of the House and conducting its proceedings. Spheres related to provisions on the money bill with respect to which the role of the Lower House is of monopolistic nature. Though the Constitution has abandoned the system of communal representation, it provides for the reservation of seats for scheduled castes and scheduled tribes in the Lok Sabha on the basis of population ratios  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. CHANGING SOCIO-ECONOMIC PROFILE The members elected to the Parliament needed to reflect the broad contours of the social and economic structure of the country so as to infuse a sense of satisfaction amongst the people that their voice would be heard in the Parliament through their representatives. To be a microcosm of India, the Parliament was thus constituted to secure, as far as possible, the presence of all sorts of differentiations found amongst the people in every nook and corner of the country, even by way of reservations for certain sections of the people. Socially, the profile of the Parliament has undergone a substantive transformation over the years beginning with the inauguration of the Parliament in 1952. The membership of the Parliament has expanded deeper to the grassroot of society. The constitutional arrangement for the reservation of seats for the Scheduled Castes and the Scheduled Tribes,  have no doubt assured a minimum stipulated percentage of representation to these communities but its overall ameliorating impact on the society appears to be limited as the same set of people has continued to corner the leverages of the membership of the Parliament. Despite all the political gimmickery people belonging to the other backward communities have evidenced a marked improvement in their standing in the Parliament, snatching the leadership of their communities from the people of the forward castes, since the decade of 1990s. Moreover, bearing out the expansion in the educational base of the country, the literary profile of the members of the Parliament have also shown a sharp rise over the years, with more than 50 percent of the members of the fourteenth Lok Sabha having a graduate degree. The representation of women in the Parliament has remained, by and large, marginal, demonstrating the male-dominant nature of the Indian electoral politics.  The political parties have obliged the women with tickets more on the basis of favouritism and nepotism than on the basis of their objective contribution to the community or in recognition of their stature or calibre in any field of social life. Ultimately, the women were compelled to demand the crutches of reservation to improve their presence in the elected bodies to a dignified level. 33 per cent reservation for the women in the elected bodies was accepted at the level of the Panchayati Raj Institutions only, denying a chance to the mass of women to land themselves into the higher bodies of decision-making capacities in the political system. The economic description of the parliamentarians, like their social profile, also depicts a subtle transformation owing to the dynamics of electoral politics in the era of populism. Above all, the fear of party whip on the one hand and the dynamics of populist vote bank politics on the other, appear to have weighed so heavily on the vision and perspectives of the members of the Parliament that they quite often than not forgo their rationality and national interest to side with such divisive proposals which have far reaching negative implications for the cohesiveness of the society.