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  • Nov 14, 2019
    The Constitution of India is the longest written constitution in the world consisting of 448 articles under 25 sections, 12 schedules and 104 amendments. It lays down the framework of distinguished fundamental political code, procedures, powers, structure and duties of government institutions. It is a set of laws which includes fundamental rights, directive principles and duties of citizens. It was framed by The Constituent Assembly which was set up under the Cabinet Mission Plan of 1946 and Dr. B. R. Ambedkar is known to be its chief architect.   The Constitution of India was adopted by the Constituent Assembly on 26th November, 1949 and came into effect on 26th January, 1950. The Constitution bestows legal supremacy as it was created by a constituent assembly and The Parliament cannot override it.   The constitution is unique in its content but has borrowed some of its most salient features from other constitutions of the world. Here are the features that find their roots in other constitutions.   Influence from the United Kingdom Parliamentary Government  England, which is now a constituent country within the United Kingdom, developed the Westminster system of Governance. In it, the Head of State, usually a President is a ceremonial figurehead who is a theoretical source of executive power within the system.   In India, the democratic system of government can be divided into the parliamentary and the presidential system. In the parliamentary system, the executive is a part of legislature that implements the law and shares an important role in framing it.   Concept of single citizenship India has borrowed the concept of Single Citizenship from the United Kingdom which gives single citizenship to its populace. The Indian Constitution says, all the people irrespective of the states or territories in which they reside are the citizens of the country.   Rule of Law The rule of law, along with Parliamentary Sovereignty and court rulings fundamentally defines the United Kingdom’s unwritten constitution.   Rule of Law in India provides that the constitution of India shall be the supreme power in the land, the legislative and the executive.   The Legislative Speaker and their role The speaker of the House of Commons in United Kingdom chairs debates in the Commons Chamber.   In India, the speaker of the Legislative Assembly is the presiding officer of the Lok Sabha and The Chairman heads the Rajya Sabha and the legislative council.   Legislative Procedure In the UK, Public Bill is the most common form of legislation and is introduced by Government Ministers which further brings about change in general law. In India, the legislative process begins with the introduction of a bill, either in Lok Sabha or Rajya Sabha. A bill becomes a law when a majority of members present, approve the bill.   Influence from the United States Bill of Rights   The US Bill of Rights comprises the first ten amendments to the United States Constitution. It includes Americans’ rights in relation to Government. The Indian Bill of Rights extends most of the constitutional protections of Rights to individuals under the jurisdiction of The Indian Government.   Federal Structure of Government In the US, the Federal Government is composed of three different branches namely: Legislative, Executive and Judicial. The Indian Constitution specifies the distribution of legislative, administrative and executive powers between the Central government and the States.   Electoral College The United States Constitution has established a body of electors named The Electoral College which is constituted every four years to elect the President and Vice President of the United States.   With the means of Electoral College, the members of Parliament of India and the Legislative  assemblies of the states and the Union Territories elect their President indirectly every five years.   Independent Judiciary and Separation of powers The Indian Constitution has vested the power individually on the Legislative, The Executive, the Judiciary which is as mentioned in the Constitution of the United States.     Judicial Review Judicial Review is the power of the United States Supreme Court to decide whether a law or executive branches of the Federal Government or any court of the state government is constitutional.   Judicial Review refers to the power of the judiciary to interpret The Constitution to declare any such law or order of the legislature and executive void, if it finds them in conflict with the Constitution of India.   President as The Commander-in-Chief of the armed forces Article II Section 2 of the United States Constitution in The Commander in Chief clause, mentions "[t]he President shall be The Commander in Chief of the Army, The Navy and The Airforce, of the United States, and allied military forces, when called into actual Service of the United States."   In The Indian Constitution, Article 128, Section II, Title IV, it is mentioned that the President is the Head of Foreign Policy, the civil administration, the Commander-in-Chief of the Armed Forces, the National Police and all other Law Enforcement agencies.   Equal Protection of Law in Indian Constitution   The Equal Protection Clause, within the text of the Fourteenth Amendment to the US Constitution states  “nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws".   Similarly, Article 14 of the Constitution of India says that The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.    Apart from the UK and US, India has also borrowed salient features from other constitutions of Ireland, Australia, France, Canada, the Soviet Union, Weimar, South Africa and Japan. Some of the features borrowed from these countries can be listed as:   Influence from Ireland       Directive principles of state policy  Influence from Australia         Freedom of trade between states         National legislative power to implement treaties, even on matters outside normal federal jurisdiction       Concurrent List         Preamble terminology    Influence from France         Ideals of liberté, égalité, fraternité    Influence from Canada         Quasi-federal government — a federal system with a strong central government         Distribution of powers between the central and state governments         Residual powers, retained by the central government    Influence from The Soviet Union         Fundamental Duties under article 51-A         Mandated planning commission to oversee economic development     Influence from The Weimar Constitution         The emergency provision under article 356    Influence from South Africa         Amending the constitution    Influence from Japan         Due process     
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  • Aug 23, 2019
    DOCTRINE OF BASIC STRUCTURE Fundamental Structure as an idea developed from rights law adjusted to normal law hypothesis. Indian law got this idea to stem official overextend. Notwithstanding, purposely or not, the idea was constantly kept dubious. Judiciary had once in a while endeavored to get control over the idea of essential structure which was to be the last defense against an over possessive assembly. This article endeavors to discover a connection between the ideas of normal law and fundamental structure-both unchanging and sacred. I would additionally break down the patterns of Indian Supreme Court and endeavor to devise a working test for fundamental structure. INTRODUCTION Indian Constitution charges the Parliament with capacity to make laws inside its locale. This power incorporates the ability to change existing laws. In any case, this power isn't total in nature. The Constitution gives the intensity of Judicial review to the Indian Judiciary whereby it has the ability to settle the protected legitimacy of all laws enforceable inside the Union. In the event that the Union Parliament or the State Legislature disregards any arrangement of the Constitution the Supreme Court has the ability to announce such laws as either invalid or ultra vires. The Constituent Assembly needed the Constitution to be a dynamic, natural archive, staying aware of the occasions. In order to facilitate this, the Parliament was granted the power to amend the Constitution under Article 368.[1] Upon a plain perusing of Art 368 recommends that the intensity of the Parliament is supreme and cover all parts of the Constitution. In any case, being provoked by official exceed, the Supreme Court attempted to put a brake on the administrative and official exuberance. About three decades prior in April 1973 in the acclaimed instance of Kesavananda Bharti Sripadagalvaru v. Province of Kerala[2] the Supreme Court showing extraordinary creativeness and valor on its part thought of the most well known development in the Indian protected law history. For this situation the Supreme Court propounded the renowned 'Basic structure and system of Indian Constitution' or 'Doctrine of basic structure' subsequently ending the lawmaking body's consistently broadening arm. With the goal to safeguard the first standards of the Constitution, the Supreme Court articulated that the Parliament couldn't contort, deform and mangle the fundamental highlights of the Constitution which are holy to the beliefs of the Indian culture. Do read whole article on my blog and kindly give your valuable feedback
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