D.

Parliamentary System of Government

Theoretically, Parliament controls the functioning of the Council of Ministers; hence it is
called Parliamentary system.
• Here executive is responsible to the legislature and remains in power as long as it enjoys
the confidence of the legislature.
• The President is the nominal, titular or constitutional head (Executive).
• PM is the real executive and head of the Co M -collectively responsible to the lower house
E. Single Citizenship: Unlike other Federation, where citizen enjoys dual citizenship of both
State and Union, India has a single citizenship provided by the union and recognized by all
the states across India.
F. Universal Adult Franchise: The Indian Constitution establishes political equality in India
through the method of universal adult franchise which functions on the basis of ‘one person
one vote’. Every Indian who is 18 years of age or above is entitled to vote in the elections,
irrespective of caste, sex, race, religion or status.
G. Independent and Integrated Judicial System:

• The judiciary system is kept free from the influence of the executive and the
legislature.
• As an integrated system, India has the Supreme Court as the apex court below which
High Courts come.
• The High Courts in turn supervise the lower courts.

H. Fundamental Rights, Fundamental Duties and Directive Principles of State Policy:

• Fundamental Rights are not absolute but are subject to the limitations and are
enforceable in the court of law.
• The DPSPs are the guidelines to be followed by the states, and are not enforceable in
the court of law.
• The Fundamental Duties added by the 42nd Amendment are moral conscience which
ought to be followed by the Citizens.

I. A Federation with a strong centralizing tendency: India is an indestructible Union with

destructible states means it acquires a unitary character during the time of emergency.
Hence, some experts say it as a quasi-federal in nature.
J. Balancing Parliamentary supremacy with Judicial Review: An independent judiciary with
the power of judicial review is a prominent feature of our constitution.
Harmonization between Parliamentary Sovereignty and a written Constitution with a
provision for Judicial Review.
VARIOUS SOURCES OF THE INDIAN CONSTITUTION
1.Government of India Act of 1935 - Federal Scheme, Office of the governor, Judiciary,
Public Service Commissions, Emergency provisions and administrative details.(JOE-PF)
2.British Constitution - Parliamentary government, Rule of Law, legislative procedure, single
citizenship, cabinet system, prerogative writs, parliamentary privileges, and bicameralism.
3.US Constitution - Fundamental rights, independence of the judiciary, judicial review,
impeachment of the president, removal of Supreme Court and high court judges and post of
vice-president.
4. Irish Constitution - Directive Principles of State Policy, the nomination of members to
Rajya Sabha and method of election of the president.
5. Canadian Constitution - Federation with a strong Centre, vesting of residuary powers in
the Centre, the appointment of state governors by the Centre, and advisory jurisdiction of
the Supreme Court.
6. Australian Constitution - Concurrent List, freedom of trade, commerce and intercourse,
and the joint sitting of the two Houses of Parliament.
7. French Constitution - Republic and the ideals of liberty, equality, and fraternity in the
Preamble.
8. South African Constitution - Procedure for amendment of the Constitution and election
of members of Rajya Sabha.
9. Japanese Constitution - Procedure established by Law.
10. Weimar Constitution of Germany - Suspension of Fundamental Rights during
Emergency.
11. Soviet Constitution (USSR) - Fundamental duties and the idea of justice (social,
economic and political) in the Preamble, Planning Commission.
 Union and Its Territory

Part I is a compilation of laws pertaining to the constitution of India as a

country and the union of states that it is made of. This part of the constitution
contains the law in the establishment, renaming, merging, or altering the
borders of the states.
Indian Federation unlike American Federation is not a result of an agreement
among the states. Also, the states have no right to secede from the federation.
Thus, the federation is indestructible. The country is an integral whole and
divided into different states only for the convenience of administration.
Articles 1 to 4 under Part-I of the Constitution deal with the Union and its
territory.
Article 1 declares India, that is, Bharat as a ‘Union of States’.

Article 2 empowers the Parliament to ‘admit into the Union of India, or

establish, new states on such terms and conditions as it thinks fit’. Thus, Article
2 grants two powers to the Parliament: (a) the power to admit into the Union
of India new states; and (b) the power to establish new states.
Article 3 relates to the formation of or changes in the existing states of the
Union of India. In other words, Article 3 deals with the internal re-adjustment
inter se of the territories of the constituent states of the Union of India.

Article 4 itself declares that laws made for admission or establishment of new
states (under Article 2) and formation of new states and alteration of areas,
boundaries or names of existing states (under Articles 3) are not to be
considered as amendments of the Constitution under Article 368. This means
that such laws can be passed by a simple majority and by the ordinary
legislative process.
Some committees that were important in the reorganization of states in the
Indian Union –

Committee Members Recommendation

 Linguistic Provinces 1 S K Dhar Reorganization on the basis
Commission, 1948 (Dhar . Jagat Narain Lal of administrative
Commission) 2 Panna Lall convenience rather than on
. Linguistic basis.
JVP Commission, 1948 3
1. J L Nehru Rejected language as the
. basis for reorganisation of
2. Vallabh Bhai Patel
states.
3. Pattabhi sitaramayya

Fazl Ali Commission 1. Fazl Ali Accepted language as the

2. K M Panikkar basis of reorganisation of
3. H N Kunzru states. However, rejected
the theory of ‘one
language–one state’.

It was of the opinion that

the unity of India should be
regarded as the primary
consideration in any
redrawing of the country’s
political units.

Formation of States

Formation
State Status prior to formation
Year

Andhra 1953 Part of the state of Madras

Gujarat 1960 Part of the state of Bombay

Maharashtra 1960 Part of the state of Bombay

Kerala 1956 State of Travancore and Cochin

Nagaland 1963 Union territory

Haryana 1966 Part of Punjab

State of Mysore was formed in 1953,

Karnataka 1956 enlarged Mysore in 1956 which was
renamed in 1973.
 Formation
State Status prior to formation
Year

Himachal Pradesh 1971 Union Territory

Manipur, Tripura 1972 Union Territories

Meghalaya 1972 Autonomous state within state of Assam

Associate state since 1974 and a

Sikkim 1975
protectorate of India before that.
District of Assam till 1972 and Union
Mizoram 1987 Territory from 1972 to 1987.

Arunachal
1987 Union Territory
Pradesh
Goa 1987 Union Territory
Uttarakhand 2000 Part of Uttar Pradesh

Chhattisgarh 2000 Part of Madhya Pradesh

Jharkhand 2000 Part of Bihar
Telangana 2014 Part of Andhra Pradesh

Became UT after bifurcation of erstwhile

Jammu
Kashmirand 2019 State of Jammu and Kashmir into two
separate units.
Became UT after bifurcation of erstwhile
State of Jammu and Kashmir into two
Ladakh 2019 separate units.

NOTE: Goa, Puducherry, Dadra & Nagar Haveli and Sikkim were not a part of India
at the time of independence. Goa was liberated from Portuguese occupation in
1961, Puducherry along with Karaikal, Mahe and Yanam, was transferred to India
in 1954 by the French, Dadra & Nagar Haveli were liberated in 1954 from
the Portuguese and Sikkim became a part of India in 1974.