GS Advanced Program 2023 Pol #1

Salient features of Indian Constitution

 Separation of powers makes sure no one gets too much power.
Checks and Balances make sure the three branches can
monitor each other.
 Checks and balances, principle of government under which
separate branches are empowered to prevent actions by other
branches and are induced to share power. Checks and balances
are applied primarily in constitutional governments.
 According to Montesquieu's, the state's political authority was
split between the executive, legislative, and judicial branches.
He argued that maintaining the separation and independence
of the three powers was essential to liberty.
 Separation of powers refers to the idea that each branch of
government should be separate and independent, with its own
distinct responsibilities and powers.
 The principle of checks and balances, on the other hand, refers
to the idea that each branch of government has the power to
limit the actions.

Constitution
 Supreme law of the land → no law is higher than it
 Fundamental law → no law can exist in violation of it
 Enjoys special legal sanctity ; not ordinary law; change requires
amendment

Function of Constitution
 Basic set of rules for minimal coordination; common
minimum program / vision acceptable to all; A good
Constitution meets the challenge of accommodating
claims of all competing groups
 Distributes power and authority in society → govt.
derives legitimacy and power
 Limitation on the state → fundamental rights
 Regulates relations between State and Citizen
 Expresses aspirations of society, creates conditions for
just society → DPSPs
 Gives identity to people

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 GS Advanced Program 2023 Pol #1

Features of Indian Constitution

Written Constitution

Written Constitution Unwritten Constitution

- ‘Enacted Constitution’ - - Evolves through legislative

created by a body, at a action, judicial
particular point of time ; pronouncement; “evolved
e.g. Constituent Assembly Constitution”
→ India ; USA → Congress - More flexible Constitution;
- Rigid Constitution ; not - Uncodified document -
easy to amend; only more easily amended.
through a established - Supremacy of the
procedure ; Parliament; British
- Codified Document Parliament can ‘do
- Supremacy of the everything except turn Man
Constitution; limits all into Woman and woman
other institutions of the into Man’ ( Blackstone )
State - Consequence of historical
- Consequence of a development
deliberate effort, - United Kingdom;
- E.g. India, USA

The Lengthiest Constitution

 395 Articles, 22 Parts, 8 Schedules; Current Status → 470
Articles, 25 Parts, 12 Schedules
 Adopted by the Constituent Assembly on 26th Nov, 1949 ; came
into force on 26th Jan, 1950 → India became a Republic;
‘elephantine size’ Constitution
 Sir Ivor Jennings → Indian Constitution ‘far too detailed, far too
rigid’.
 Shaped by trinity of (a) Values / Ideals of freedom struggle (b)
Colonial Legislations (c) Modern Constitutions.

Feature Source

UK Parliamentary Form of Govt, PM, Cabinet

System, Bicameral Legislature with
powerful People’s House; Rule of Law;
Single Citizenship; Writ, Parliamentary
Privilege;

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Road, Patna, Bihar 800001 | Hyderabad - 1st & 2nd Floor, SM Plaza, RTC X Rd, Indira Park Road, Jawahar Nagar, Hyderabad, Telangana 500020
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 GS Advanced Program 2023 Pol #1

USA Written Constitution, Fundamental Rights,

Federal Polity,
Equal Protection of Law; Prescient as
Supreme Commander; Judicial Review and
Supreme Court; Preamble; Vice President’s
Office; Impeachment of President;

Soviet Union Fundamental Duties; Planning ; Social,

Economic and Political Justice ;

Ireland Directive Principles of State Policy;

Method of Election of the President;
Nomination of members to the Rajya Sabha

Canada Federal Structure; Strong Center;

Concurrent List; Residuary Powers to the
Central Government; Governor appointed
by the Center;

France The ideal of Republic, Liberty, Equality,

Fraternity;

Weimar Suspension of Fundamental Rights during

Republic emergency;
(Germany)

South Africa Amendment Procedure of Constitution;

Election of Members to Rajya Sabha;

Japan Procedure established by Law

Reasons for bulky Constitution (1) Detailed provisions →

smooth working of an infant democracy; to avoid conflict
between various organs;
- (2) Vastness and Diversity of the Country (3) Single Constitution
for both Union & the States ( USA → each state has separate
Constitution ) (4) Constituent Assembly → full of legal experts (5)
Based on Govt of India Act, 1935, itself a elephantine document ;

Parliamentary Form of Govt.

Parliamentary Govt (India, UK) Presidential Govt (USA)

- De jure/ nominal Head → - De jure / de facto head →

President / Queen President
- De-facto Head / Head of - Executive → not part of

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Road, Patna, Bihar 800001 | Hyderabad - 1st & 2nd Floor, SM Plaza, RTC X Rd, Indira Park Road, Jawahar Nagar, Hyderabad, Telangana 500020
9311740400, 9311740900 | https://academy.forumias.com | [email protected] | [email protected]
 GS Advanced Program 2023 Pol #1

Government → Prime Minister Legislature; Members of

- Executive → Member of Congress if appointed
Legislature cease to be members of
- Council of Ministers, Congress.
responsible to the Parliament - Executive not responsible
(Lower House) → principle of to the Legislature; based
collective responsibility; on doctrine of separation
responsible govt; high of powers;
accountability - Presidents is
- President works on the aid and independent; free to
advice of Council of Ministers; choose his ministers;
- Based on principle of checks - High on stability,
and balances; authority; Low on
- Low on Stability; Accountability;

Examples of checks & balances in India ->

 Legislative branch can check the power of the executive by
passing laws or amending the Constitution.
 Executive branch can check the legislative by vetoing laws or
issuing executive orders.
 Judicial branch can check the power of the other two branches
by interpreting the Constitution and resolving disputes.

Transformative Constitution
 Living document → keeps evolving over a period of time;
amenability provision created to reflect political change goes
in hand with societal change.
 Constituent assembly framed the Constitution in a way that
aimed to change the colonial structure into a democratic
republic.
 At the time of the framing of the Indian Constitution, we had
just come out of the colonial regime, where Indians were mere
unheard, exploited subjects, and the echoes of the horrors of
the Holocaust in Germany were loud and clear. This made the
task all the more challenging for Constituent Assembly because
they had to ensure that the Constitution not only amends the
mistakes of the past but also creates a shield that saves and
prevents us from any tragedy in the future.
 As the people of the nation grow, their needs and aspirations
change. People adopt a more progressive approach with each
passing day. The Constitution is not merely a lengthy legal
document but a charter of values and principles; a dream of a
free, just, and equal society. A dream which is not static and

Forum Learning Centre: Delhi - 2nd Floor, IAPL House, 19 Pusa Road, Karol Bagh, New Delhi - 110005 | Patna - 2nd floor, AG Palace, E Boring Canal
Road, Patna, Bihar 800001 | Hyderabad - 1st & 2nd Floor, SM Plaza, RTC X Rd, Indira Park Road, Jawahar Nagar, Hyderabad, Telangana 500020
9311740400, 9311740900 | https://academy.forumias.com | [email protected] | [email protected]
 GS Advanced Program 2023 Pol #1

undeviating but is subject to constant renewal as each

generation discovers anew, the founding principles of our
Republic.
 It envisages attainment of substantial equality by recognising
and eliminating all forms of discrimination as they may have
existed or may develop in the future.
 It calls for a realisation of full human potential within positive
social relationships – the use of the term “positive social
relationships” instead of limiting it to an individual’s
interactions with the state is indicative of the pervasive nature
of Transformative Constitutionalism in the private sphere as
well.
 Our Constitution is not only a living document but also a means
to steer towards the path of advancement. The provisions
related to Right To Education, Abrogating Article 370, GST,
NCBC or the judgments related to the right to privacy, Section
377 of IPC, Triple talaq or the NOTA judgment, show that just
like Darwin pointed out that ‘it is not the strongest of the
species that survive, nor the most intelligent, but the one most
responsive to change’, similarly only with change and
adaptation can our democracy survive.

Forum Learning Centre: Delhi - 2nd Floor, IAPL House, 19 Pusa Road, Karol Bagh, New Delhi - 110005 | Patna - 2nd floor, AG Palace, E Boring Canal
Road, Patna, Bihar 800001 | Hyderabad - 1st & 2nd Floor, SM Plaza, RTC X Rd, Indira Park Road, Jawahar Nagar, Hyderabad, Telangana 500020
9311740400, 9311740900 | https://academy.forumias.com | [email protected] | [email protected]