BASIC STRUCTURE OF THE CONSTITUTION

BASIC STRUCTURE OF THE CONSTITUTION


The objective specified in the Preamble contain the basic structure of our Constitution, which cannot be amended in excercise of the power under article 368 of the constitution. 


FEATURE OF BASIC STRUCTURE


1. Supremacy of the Constitution.
2. Republican and Democratic form of Government.
3. Secular Character of Constitution.
4. Separation of power between the Legislature, the Executive and the Judiciary.
5. Federal Character of Constitution.

FEDERAL STRUCTURE


The Indian Constitution is basically federal in form and is marked by the traditional characteristics of a federal system, namely, supremacy of the constitution, division of power between the union and State Governments, existence of an independent Judiciary and a rigid procedure for amendment of the Constitution. It establishes a duly Polity, with clearly defined sphere of authority between the Union and State, to be exercised in fields assigned to them respectively. There is an independent judiciary to determine issues between the Union and the States, to be exercised in fields assigned to them respectively. There is an independent Judiciary to determine issue between the Union and the States, or between one state and another. An amendment in the respective jurisdiction of the Union and the States can be brought about only by invoking a special procedure in Parliament and ratification by a majority of the States. However, there are marked differences between the American federation(which is the classical federal model) and the Indian federation. First, the America, there is dual citizenship, whereas, in India there is only one citizenship. Indian citizens, wherever they reside, are equal in the eye of Law. Secondly, the states in America have a right to make their own Constitution, whereas no such power is given to the States in India. Thirdly, the Indian Constitution exhibits a centralising tendency in several of its provisions, e.g., the adoption of lengthy Concurrent List, the power of Parliament to re-organise the political structure of the country, supremacy of jurisdictions, vesting of the residuary legislative power in Parliament, and powers of Governors to reserve Bills for the consideration of the President of the Republic. Fourthly, in certain circumstances, the Union is empowered to supercede the authority of the State or to excercise powers otherwise vested in the States.   

FUNDAMENTAL LAW


The Constitution operated as a fundamental law. The governmental organs owe their origin to the Constitution and derive their authority from, and discharge their responsibility within the framework of the Constitution. The Union Parliament and the State Legislature are not sovereign. The validity of law, wheather Union or State, is judged with refernce to their respective jurisdictions as defined in the Constitution. The judiciary has power to declare a law unconstitutional, if the law is found to have contravened any provision of the Constitution.


INTERPRETATION OF PREAMBLE


The Preamble may be invoked to determine the ambit of-
a) Fundamental rights; and 
b) Directive Principles of State Policy.

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