The Indian Constitution

THE INDIAN CONSTITUTION


Q1. What is a constitution? Why is it needed?

Ans. A democratic government is one in which the government is responsible for the people. But this government gets its source of power through a written document called the consititution. A constitution is considered the formal source of power and authority of government. It lays down the powers of any particual agency in the most precise manner so as to minimize confusion and conflict when it comes to performing of duties. The constitution also lays down the limits within which a particular government can form and enforce laws. It is the most important document of any land as it controls the abuse of power by any government to suit its ends. Even the changes that can be made to suit the changing needs of the changing society can be done with in a certain frame work and also under the guidance of an independent judiciary. The constitution provides a frame work within which a government can work.

Q2. What are the main differences between parliamentary and presidential form of government?

Ans. Representative governments can be of two types. Parliamentary and Presidential. The type of government depends on the relation the executive organ has with the legislature. In a parliamentary form of government, the prime minister and his council of ministers are directly elected by the people of the land. The executive consists of the council of ministers and is called the cabinet. The council of ministers are formed out of the elected members and the leader of the party becomes the prime minister. The council of ministers work collectively. The work of the government is distributed amongst the ministers i.e. giving of portfolios. Though the respective ministers are responsible for their portfolios, the ministers are as a whole are responsible for the running of the government. The support for the government is decided on the floor of the house through the vote of confidence.

But in presidential form of government, the executive is removed from the legislature and does not depend on its confidence. Though there is a cabinet of sorts but they are not responsible for the congress nor are members of the congress but are responsible only to the president and only the president can control them. Sometimes a situation may arise when the president may belong to one party and legislature to another party and when this comes about, it can create unwanted situations.

In presidential form of government, because the president is not answerable to the legislature, he can at his discretion execute policies but a prime minister has to have the support of the legislature to pass all his policies. Though in presidential form of government, the legislature has the power to block the budget. Though it is generally believed that parliamentary system has a weaker executive than the presidential form, but at the end of the day each has its own strength and weakness.


Q3. What is meant by collective responsibility of ministers in a parliamentary government?

Ans. In a parliamentary form of government, the prime minister and his council of ministers work together as a team and are responsible for each others action. They are responsible for the laws that they pass, they are also responsible for every act of omission or commission. In fact they swim and sink together. In the rarest of the cases that the entire team does not take the blame and a single minister is dropped. This is the reason it is said that the ministers have collective responsibility. On any destructive act the opposition may bring about a no confidence motion and the entire council of ministers may be forced to resign.

Q4. What are the main differences between a unitary and federal governments? Why are federations created?

Ans. Modern nation states have large territories. Though sizes of the nation states vary, on one extreme you have very large states like the USSR, USA or India, on the other you have small states like Luxemburg, England, Panama. Governing large states obviously cannot be done from one single office or administration. The government’s orders or laws have to be implemented in all parts of the country. So there have to be a great many centres from which administration is carried on. Similar is the case with the legislature. Though the central legislature would make laws for the entire country, these laws are often very general. Other people have to do something very much like filling the blanks in these laws. When laws are broken, or quarrels arise about them, they are so many that one single court can hardly handle them all. Government, therefore, simply cannot be run from one single centre. It has to be spread out all over the territory of a state. This is done in two ways in two different kinds of government. One way of dealing with this problem is to have one central government and then a large number of its subsidiary levels. Powers are all with the central government. The central government itself hands down some of its powers to its branches at the lower levels. The lower levels exercise these powers only on the authority of the central government. The central government can make changes it likes. It can enlarge or take away those powers. The lower levels enjoy the powers by delegation and not by right. This state is called a unitary state.

A federal government runs differently. There, too, are various levels of government. The central and the state governments are the most significant. The relation between the centre and the states is quite different here. Unlike a unitary state, the regional governments in a federation are not considered entirely subordinate to the centre. They have an independent existence. Their powers do not depend on the wishes of the centre instead they are derived from the constitution. The centre cannot ordinarily interfere with them. In a federal system, the consititution divides the powers of government between the centre and the states. Since there can be disputes, normally, there is a supreme court to decide the issue between them.

Thus in a unitary form of government the centre is powerful but in a federal form of government the powers are divided between the centre and the state.


Q5. What is division of powers in a federation?

Ans. In a federal form of government, the powers are divided equally between the centre and the state government. Both the governments get their power from the constitution of the land and the state government does not get its powers from the centre. The centre cannot interfere in the working of the state government but if the machinery of the state fails only then can the President interfere and implement president’s rule in the state. In case of dispute between the centre and state, then the supreme court settles the matter. There are different areas where the centre and the state can function and cross tracks only in rare cases. The centre deals with the security of the land, while the state deals with the law and order situation within the state. The centre builds the highways connecting the states together and also builds the railways the state looks into the transportation infrastructure within the state. Thus different areas have been earmarked and the powers have been properly divided between the centre and the state.

Q6. Can there be conflict between the executive and the legislature in the presidential system?

Ans. In a presidential system, the executive is removed from the legislature, and does not depend on its confidence. True, the American President also has a cabinet of sorts. There is a Secretary of State, Secretary of the Treasury, and so on. But they are not members of the Congress or in any way responsible to the congress. They are responsible only to the President. Congress cannot control them only the President can. It is quite possible that in America the President would be from one party and the legislative majority from another. Fortunately, such situations are rare. But, if it happens it can be quite difficult for both sides. At times, the entire government can be under serious strain. Actually, there are some cases when the American legislature blocked the policies of the President. Once this happened after the first world war, Woodrow Wilson, the American President supported the idea of a world body called the League of Nations. In fact, Wilson played a big part in persuading other governments to accept the idea. Ironically, however, after it came into being, he could not get his own country, the USA to become a member. Important decisions like this involved the assent of the legislature and the legislature at that moment happened to be controlled by his rival party. In the end, the unwilling legislature quashed Wilson’s move.

Q 7. What are the important features of the Indian constitution?

Ans. The Preamble to the Indian Constitution sets out the ideals that the State should follow. These ideals are democracy, socialism, secularism and national sovereignty and the provision of justice, equality and liberty. The Preamble strictly speaking is no a part of the legal section of the Constitution. Still, it is very important, precisely because it sets out the State aims and ideals. The two most important aspects of the Indian Constitution are that it has a parliamentary government and it is a federal state. The federal form of Indian government has two distinct levels on which the government is run – the centre and the state. The Indian federation is not like the American federation. In fact it is just the opposite. The Constitution has described India as a Union of States and the Centre though is strong, the states too have powers to act independently under the purview of the Constitution.

Another important feature of our Constitution is rather long list of rights. The Indian Constitution mentions two sets of rights. Some of these are called fundamental rights, the others are directive principles of State Policy. There is a provision that the constitution of India can be amended but it has to be passed in both the houses of the parliament with absolute majority.

India is a country of many religions, languages and cultures. It is natural, therefore, that there would be minorities. The Constitution provides certain guarantees to the minorities for preserving their identity. For certain groups of people who have been traditionally oppressed, like the scheduled castes and tribes, the constitution provides for some special guarantees.