The Architecture of the Constitution: Basic Features and Institutions

Learning Outcomes

1. Grasp the concept of the basic structure doctrine.
2. Understand the framework of Indian federalism.
3. Analyze the role and limitations of key governance institutions.
4. Review the judiciary’s influence on constitutional interpretation.

Basic Features

The Constitution of India is built upon basic features that cannot be altered by amendments. This principle was emphasized in the Kesavananda Bharati case (1973), where the Supreme Court’s ruling stated that while the Constitution can be amended, its basic structure must remain intact. Justice S.M. Sikri and others outlined the key features, such as:

1. Supremacy of the Constitution: The Constitution is the supreme law.
2. Republican and Democratic Government: India must remain a republic and democracy.
3. Secularism: The Constitution embodies secular principles.
4. Separation of Powers: Power is divided among the legislature, executive, and judiciary.
5. Federal Structure: A balance between central and state powers.
6. Judicial Review: The judiciary can annul amendments that violate the basic structure.
7. Rule of Law: Law must govern the nation.
8. Unity and Integrity: Emphasis on maintaining national unity.
9. Fundamental Rights and Directive Principles: A balance between the two.

The 42nd Amendment (1976) sought to limit the power of judicial review, but the Minerva Mills case reaffirmed that judicial review is an essential feature.

Important Note: The doctrine of basic structure acts as a safeguard against constitutional subversion by large parliamentary majorities.

Federal Structure or Unitary

India’s Constitution is neither strictly federal nor unitary, a balance influenced by the unique challenges India faced at its inception. According to Austin, the structure is quasi-federal or an innovative form of cooperative federalism.

1. Constituent Assembly’s Intent: The Assembly embraced flexibility rather than adhering strictly to federal theory.
2. Strong Centre: The decision for a strong central government arose from the need to manage post-partition crises.
3. Federal Powers: India follows a unique federal system where:

• Union, State, and Concurrent Lists divide legislative powers.
• Union law prevails in case of conflict.

1. State Survival: Despite strong central authority, regional governments have survived, reflecting a healthy federal impulse.

Important Note: The ability to oscillate between federal and unitary forms under exceptional circumstances has allowed Indian federalism to endure.

Institutions of Governance and Their Working

The President

Though vested with executive powers, the President of India operates as a constitutional head. As explained by B.R. Ambedkar, the President mirrors the British monarchy’s symbolic role, exercising powers based on the advice of the council of ministers.

1. Cabinet Advice: Almost all powers, including declaring an emergency or appointing key officials, are exercised upon cabinet recommendation.
2. Presidential Activism: In unstable coalition governments, Presidents like Venkataraman and Narayanan played a more active role in political decision-making.
3. State Dismissals: Presidents have occasionally exercised discretion in cases of constitutional breakdown in states, such as President’s Rule.
4. Elections: The President is elected through proportional representation by members of parliament and state legislatures.

Table: Key Presidential Powers

Power	Condition	Limitation
Bill Assent	Presented by Parliament	Return for reconsideration
Declare Emergency	Cabinet recommendation	Written advice required
Appoint officials	Cabinet advice	No independent discretion

The Vice-President

The Vice-President assumes the role of the President during an absence or vacancy and serves as the Rajya Sabha chairperson. His role becomes crucial during periods of instability, such as during the deaths of Presidents Dr. Zakir Hussain and Fakhruddin Ali Ahmed.

The Prime Minister and Council of Ministers

The Prime Minister leads the Council of Ministers, where real executive power is vested. The Constitution assigns the Prime Minister the role of “linchpin of government” (as described by Nehru).

1. Ministerial Appointments: The President appoints ministers on the Prime Minister’s advice.
2. Cabinet Decision-Making: Only ministers of cabinet rank participate in key decision-making processes.
3. Collective Responsibility: The council is responsible to the Lok Sabha and must resign if it loses confidence.
4. Caretaker Governments: Controversies have emerged, such as the BJP-led government in 1999, refusing caretaker status despite being voted out.

The Parliament

India’s bicameral parliament consists of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).

1. Lok Sabha: Members are directly elected for five years.

• Elections: Constituencies are single-member and territorial.
• Voting System: The first-past-the-post system is used, with debates ongoing about whether to introduce proportional representation.

1. Rajya Sabha: A permanent body, members are elected by state legislatures for staggered six-year terms.
2. Legislative Process: Bills can originate in either house, but money bills must start in the Lok Sabha and be passed within 14 days by the Rajya Sabha.

Important Note: The conduct of MPs in recent years, involving disturbances and delays in proceedings, has lowered parliament’s dignity.

The Government in the States and Union Territories

States function under a parliamentary model similar to the Union, with the Chief Minister and the council of ministers exercising executive power.

1. Governors: Appointed by the President, governors serve as the constitutional heads, with powers becoming effective during President’s Rule.
2. Misuse of Governor’s Discretion: Examples include the dismissal of Farooq Abdullah in Jammu and Kashmir by Governor Jagmohan and the dismissal of N.T. Rama Rao in Andhra Pradesh.

Local Government

The Constitution initially left the form of local government to the states, but the 73rd and 74th Amendments institutionalized Panchayati Raj and Municipalities as units of self-governance.

1. Panchayati Raj: Three-tier governance (village, block, district) was suggested by the Mehta Committee (1956).
2. Constitutional Recognition: The 73rd Amendment gave panchayats a constitutional status, ensuring regular elections and detailing their powers.
3. Municipalities: The 74th Amendment did the same for urban local bodies.

The Judiciary

Supreme Court

The Supreme Court holds the ultimate authority in interpreting the Constitution.

1. Judicial Appointments: Judges are appointed by the President after consultation with the judiciary. The Chief Justice is typically the senior-most judge.
2. Removal of Judges: Judges can only be removed by a two-thirds majority in both houses of parliament on grounds of misbehavior or incapacity.
3. Judicial Review: The Supreme Court has original jurisdiction in disputes between states and the Union and in cases involving fundamental rights.
4. Public Interest Litigation (PIL): The court has allowed citizens to seek justice on issues affecting the public interest through PILs.

Table: Powers of the Judiciary

Court	Jurisdiction	Special Powers
Supreme Court	Original and appellate	Basic structure doctrine, PIL
High Courts	Supervisory over lower courts	Wider writ jurisdiction

High Courts and Lower Judiciary

High Courts oversee the judiciary in the states, with powers to issue writs in cases beyond fundamental rights violations. Lower courts, such as district courts, are supervised by the High Courts, though they are often criticized for backlogs and corruption.

The Administrative Services

The Indian Administrative Service (IAS), evolved from the colonial Indian Civil Service (ICS), remains integral to governance.

1. Public Service Commissions: Recruit for central and state services through competitive exams.
2. Independence and Integrity: Constitutional safeguards exist to prevent arbitrary dismissal, though corruption remains a challenge.
3. Committed Bureaucracy: Political pressures during the Emergency (1975–77) and subsequent political shifts have led to a growing nexus between politicians and officials.

Judicial and Political Reforms

While the Indian Constitution has proven to be a flexible and enduring document, there are ongoing debates about reforms. These include:

1. Proportional Representation: Proposals to replace the first-past-the-post system.
2. Presidential System: Calls for adopting a presidential system of governance.
3. Constitutional Review: The BJP-led government’s Constitution Review Commission (2000) explored various reforms, but most political actors remain committed to the existing framework.

Important Note: Despite its imperfections, the Indian Constitution continues to be a revered document, ensuring democratic governance and protection of fundamental rights.

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MCQ: Which case reaffirmed the doctrine of basic structure, stating that judicial review is an essential feature of the Constitution?

A. Kesavananda Bharati Case

• B. Minerva Mills Case
• C. Golaknath Case
• D. Maneka Gandhi Case
  Answer: B. Minerva Mills Case

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Table: Comparing Key Constitutional Elements

Element	Features	Example Case
Basic Structure	Immutable features of the Constitution	Kesavananda Bharati case
Federalism	Cooperative, with a strong Centre	Articles 245-255
Presidential Powers	Symbolic, constrained by ministerial advice	Refusal of assent to bills
Parliamentary Powers	Extensive legislative authority	Money Bill procedures
Judiciary	Guardians of fundamental rights	Minerva Mills case, PIL