Rule of Law: Principles and Several provisions in the Constitution, such as single citizenship, right to move,
Concerns
reside and settle anywhere in India, and freedom of trade and commerce
throughout the territory of India create a feeling of brotherhood among the Indian
citizens.
2.4.9 Federalism
The Indian Constitution provides for a federal set-up with a strong Union. A
Federal Constitution establishes a dual polity with the Union government at the
centre and State government at the regional level. Part XI of the Indian
Constitution provides for division of powers between Union and State
governments. Articles 245 to 255 deal with legislative relations between the
Union and State Governments. In Schedule VII of the Constitution of India, the
subjects of legislation are divided under three lists, namely Union, State and
Concurrent Lists. The Union List contains 97 entries on which Union government
can pass laws. The State List contains 66 subjects on which State government
can make laws. The Concurrent List enumerates 47 subjects, on which both
Union and State can make laws.
Similarly, Articles 256 to 263 embody Administrative relations between Union
and State governments. Further, the Constitution incorporates an elaborate
scheme of distribution of financial relations between Union and State
governments.
2.4.10 Independent Judiciary
Independence of the judiciary is one of the prerequisites for the successful
functioning of a democracy. The Constitution of India envisages several
safeguards to ensure the independence of the judiciary.
The judges of the Supreme Court and High Courts are appointed by the President
of India on the aid and advice of the Council of Ministers. However, the Chief
Justice of India is to be consulted in making any such appointment. In Supreme
Court Advocates on Record Association v Union of India and in re Presidential
Reference AIR 1999 SC 1 the Supreme Court held that the Chief Justice of India
shall be the senior most judge of the Supreme Court and in matters of appointment
of other judges to the Supreme Court and High Court, President is bound by the
recommendations made by the Chief Justice of India in consultation with other
senior judges. These two cases took away the discretionary power of the
Executive in appointing and transfer of judges of the Supreme Court and High
Courts.
The tenure of the judges is secured under the Constitution. Judges of the Supreme
Court and High Courts would retire only after reaching 65 years and 62 years
respectively. Judges cannot be removed before the expiry of the tenure except
by an order of the President by way of impeachment under the Indian
Constitution. According to Article 124, a judge of the High Court or Supreme
Court can be impeached only for proved misbehaviour or incapacity. The
impeachment proceedings require support of majority of total members and not
less than two-third of majority of those present and voting in each house of
Parliament. The salaries and allowances of the judges could be determined by
the legislature. But once they are determined, they cannot be altered to the
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