Constitutions and Law

The Indian Constitution establishes a parliamentary system (like UK), not a presidential system. Basic features include: federal structure, parliamentary form, independence of judiciary, fundamental rights, etc. Presidential government is a US-style feature not present in the Indian system.

The Tenth Schedule was added to the Constitution by the 52nd Amendment Act, 1985 and contains provisions regarding disqualification of members of Parliament and State Legislatures on grounds of defection. This schedule deals with anti-defection laws that penalize legislators who switch party allegiance after elections. The provisions help maintain party discipline and stability in the legislative system.

Directive Principles are classified into socialist, Gandhian, and liberal-intellectual categories. Legal aid to poor, compulsory primary education, and minimum wages for workers are explicitly mentioned as Directive Principles (Articles 39A, 45, and 43 respectively). Adult education is not specifically mentioned as a Directive Principle in the Constitution.

Article 1 of the Indian Constitution states that 'India, that is Bharat, shall be a Union of States.' This phrasing emphasizes that the federation is indestructible and states have no right to secede.

The 7th Amendment Act of 1956 was enacted to implement the recommendations of the States Reorganisation Commission. It led to the reorganization of India into 14 states and 6 union territories, primarily based on linguistic boundaries.

The 52nd Amendment Act of 1985 introduced the Anti-defection law to prevent political instability caused by legislators changing parties. It added the Tenth Schedule to the Constitution, which outlines the conditions for disqualification of members.

Under Article 312, if the Rajya Sabha passes a resolution supported by two-thirds of members present and voting, the Parliament may by law provide for the creation of one or more all-India services. Thus, the ultimate power to create the service lies with the Parliament.

The Indian Constitution follows the Canadian model where residuary powers (powers not mentioned in any of the three lists) are vested in the Union government. In contrast, the US and Australian constitutions vest residuary powers in the states.

The 42nd Amendment Act of 1976 amended Article 74 to explicitly state that the President shall act in accordance with the advice of the Council of Ministers. The 44th Amendment later added that the President could ask for reconsideration once, but must follow the subsequent advice.

The concept of a federation with a strong center was borrowed from the Canadian Constitution. While the US is also a federation, the Indian model of 'quasi-federalism' aligns more closely with the Canadian system.

1. Prohibition of employment of children in factories, etc No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment Provided that nothing in this sub clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub clause (b) of clause ( 7 ); or such person is detained in accordance with the provisions of any law made by Parliament under sub clauses (a) and (b) of clause ( 7 )

The Bill of Rights consists of the first ten amendments to the United States Constitution, which were ratified simultaneously in 1791 to guarantee specific personal freedoms and rights.