File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Constitutional Monarchy without the Monarch

Despite the fact that India is a sovereign, democratic republic, it might equally be regarded as a constitutional monarchy without a monarch. " Here, Sir Ivor Jennings criticises the constitution's length and complexity, wishing for a simple Spartan constitution*.

However, no constitution can ever claim to be flawless. The constitution's main purpose and major goal is to satisfy the needs of the people. It's one thing to draught a constitution; it's quite another to put it into action. Another critique is that the amending process is extremely simple (or flexible), with only seven amendments in the last 76 years. If we concur with this viewpoint, we must express caution about the haste with which we have amended our Constitution.

But we cannot pretend for a moment that a constitution drafted by man's intelligence and purpose at a specific point in time is good and will continue to be good in the future. "No community or nation can create an everlasting constitution." In constitutional law, there is no such thing as eternity; it "solves and re-solves the changeable human aims through a process of continuous adaptations of the common good and community living."

However, as the learned Judge points out in his address, the essential premise remains true: "You should not change the constitutions unless the situation is 'impossible, and constitutional revision should be the final recourse, not the first -impulse to remove every impediment." The nation must 'acquire the discipline to acquiesce.'

The Indian constitution is unique in that it balances national unity and authority with the preservation of state liberties, and it maintains the supremacy of the constitution by avoiding some of the flaws that a federal government would have. It is remarkable in that it establishes a single citizenship and an integrated judiciary.

As a result, it is sometimes referred to as a quasi-federal constitution, despite the fact that it contains numerous federal aspects. Our constitution was written by and is protected by an independent judiciary. It assigns a greater range of jurisdiction to the Centre in both the legislative and executive branches. The Centre has overriding power, the States* have Governors selected by the President, and the President has veto power over-Biffs approved by State Legislatures.

As a result, our Constitution may be described as a compromise between the United Kingdom's Parliamentary and Cabinet systems and the United States' Presidential or non-parliamentary form of executive. The Ministry is the real executive because the President, as the head of the State, is expected to follow the advice of his Ministry. As a result, the executive and legislative branches of our government are not as intertwined as they are in the American Constitution.

We may therefore conclude that the Indian Constitution has adopted some of the best features,of the various modern constitutions by establishing a unitary state with subsidiary federal 'features; rather, a federal slate with subsidiary unitary 'features., -in structure' it is federal, in essence it is unitary,

As a result, it should not be subject to frequent changes. The Constitution has been changed eleven times in the first six years of its existence. Making the Constitution more flexible or elastic, or, as Sir Jennings put it, "changing the Indian Constitution every morning, like underclothes in a Madras climate," is to jeopardise its "stability," and to make it a subject of frequent modification, is neither healthy nor desirable.

Composition of Supreme Court of India

The Supreme Court was formed two days after India became an SDR. That same Parliament Building also houses the Council of States and the House of People. From 1937 to 1950, the Federal Court of India convened here. The Supreme Court would stay here for many years before moving.

It was a beautiful ceremony. The bench consisted of Chief Justice Harilal J.Kania, Justices Saiyid Fazl Ali and M. Patanjali Sastri. Aside from Allahabad, the Chief Justices of Mysore and Hyderabad were also present. Joining him were the Attorneys Generals of Bombay, Madras (UP), Bihar (EP), Orissa (OR), Mysore (S) and Hyderabad (Madhya Bharat). Many Senior and other Court Advocates, as well as prominent visitors, were present.

The Supreme Court's Rules were published, and the names of all Federal Court Advocates and agents were added to the Supreme Court's records, completing the inaugural processes.

Parliament House became the Supreme Court's new home on January 28, 1950. It moved in 1958. The edifice resembles a scale. One of the building's centre wing resembles a scale. 1979 brought the East and West Wings. The building's wing has 15 courtrooms. The Chief Justice's Court is the wing's largest court.

The Assembly chose that number when drafting the Constitution in 1950. Initially, the Supreme Court sat in a single chamber. Judgments were handed down by a total of 131 judges between 1950 and 2008. (current power) In most cases, Judges sit in smaller Benches of two or three, only joining larger Benches of five or more when necessary.

The Indian Supreme Court has 30 judges, including the Chief Justice. Justices retire at 65. A Supreme Court Judge must be an Indian citizen, have served as a High Court Judge for at least five years, or as a High Court Advocate for at least ten years, or be a notable jurist in the President's opinion. A retiring Supreme Court or High Court judge can appoint an Ad-hoc Supreme Court judge.

It ensures the judges' independence in various ways. For a President to remove a Supreme Court Judge from office, the House must endorse his or her removal by a majority of all members present and voting. Unlawful practise of law or appearance before any authority in India.

It only hears cases in English. The Supreme Court's practise and procedure are governed by Article 145.

Electoral Procedure of President

  • The Indian President is the country's first citizen and ruler. According to Article 52 of the Indian Constitution
  • Article 54, the President of India
    India's President is chosen by single transferable vote. An electoral college of elected representatives from state and national elections selects the President. Nominees for Congress and state legislatures cannot vote. � Delhi, Jammu & Kashmir, and Puducherry (Since 1992 through 70th Constitutional Amendment Act)
This Process outlined in Article 55. An electoral system selects the president using a single transferable vote.

Vote in India's Presidential Election
Their vote's value varies with the size of their legislative body. Also, each voter votes once. The total number of MP votes equals the total number of state legislator votes. And bigger states have more votes.

Nomination for Indian President
A presidential candidate must be sponsored and seconded by 50 electors. Application fee: Rs 15,000 ($210) per applicant. [44] Securing a majority of votes is required to keep the security deposit.

The election is conducted using the single transferable vote (STV) system. It's a secret ballot. Parliamentarians from Delhi, Jammu and Kashmir, and Puducherry can vote in the presidential election.

A President's Eligibility

  • He must be an Indian citizen aged 35 or older and meet the electoral qualifications.
  • A profit-making post in government is prohibited.
  • The president is chosen for five years.
  • Re-election is possible.
  • India's Supreme Court hears presidential election cases.
  • The Indian President is never arrested, imprisoned, or personally accountable for his official actions.
  • Only constitutional offences can be impeached.

Ordinary Bill

An Ordinary Bill can deal with any subject except financial matters, according to Article 107 of the Indian constitution. A ministry or a private member can introduce a "Ordinary Bill" in Parliament; unlike a "Money Bill," an Ordinary Bill can be introduced in any House of Parliament. The Ordinary Bill does not need the President's consent to be introduced. The Rajya Sabha has the power to amend or reject an Ordinary Bill.

Money Bill

According to Article 110 of the Indian Constitution, a bill can only be designated a "Money Bill" if it contains provisions dealing with the imposition, abolition, remission, regulation, or adjustment of any tax. Only the Lok Sabha has the authority to initiate the Money Bill. A minister's only power is to interfere with the Money Bill.

Money bills are only introduced in Lok Sabha on the President's advice, which is required.

The measure, which was introduced in the Lok Sabha on the President's proposal, is referred to as a government bill.

Note that only the minister can introduce bills on behalf of the government.

After the law passes the Lok Sabha, it is sent to the Rajya Sabha, which has only limited authority. It has no authority to reject or amend the bill.

  1. The Rajya Sabha must return the bill within 14 days, with or without amendment proposals.
  2. It is presumed to have passed the bill if it does not return it within the specified time frame.
  3. The amendments may or may not be accepted by the Lok Sabha.

The President's consent is required when the bill has passed both houses. He can choose between two options:
  1. Give your consent
  2. Refuse to consent.
Note: The bill cannot be returned to the President for review.
The bill becomes an act after the President signs it, and it is published in the Indian Statute Book.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly