Indian Constitution: Constitutional rudiments and validity

The Word "CONSTITUTE" refers in Original sense is to make or to form. The Prima word "CONSTITUTION" refers "Rules which define an Institution and regulate its Internal Operation. The CONSTITUTION of a Country prescribes how authority is to be exercised in the State and how the authority should be passed on. Thus the Constitution of a Club is to set of rules by which all members (Constitution Designers) agree to abide by and which therefore amounts to a contract between all the members. (Constitution Designers). Constitution may be written in a single document , like or as is the Constitution of India or found in a Collection of Statutes , Common Law rules and Conventions as in the UK. Constitution has been narrated as the basic law of state which outlines the frame work and procedure of government. Constitution Not only explains its powers and functions, provide how Constitutional changes may be made but it consists a collection of principles according to which the powers of the government, the rights of government and the relation between the two are adjusted also. The word "Constitutional" which refers "Legal" involving or related to Constitution.

The Subject matter of CONSTITUTIONAL LAW represents Body of Laws that define and regulate the Institutions of State, the relationship between such Institutions, and the relationship between Individual citizens and the state. In other words It has been defined as the rules which regulate the structure of the Principal Organs of Government and their relationship to each other and determine their principal functions. In the birds eye view the Constitutional Law, is the basic law of a state which usually provides for the Constitution and structure of the Organs of government, their powers and functions, their inter and inner relations and thier relations with the citizens of India . These rules consists both of Legal rules in the strict sense and of usages , generally called Conventions, which without being enacted are accepted as binding by all who are concerned in Government. The Constitution law may be in the form of a written document or un written conventions.

CONSTITUTION ITS ORIGIN & COMMENCMENT:

The Constitution of India has the distinction of being the most lengthy document the words has so produced. Indian Constitution divided in mode of articles and Schedules. Initially the Indian constitution consisting of 394 articles. Out of 394 articles some of the articles like 5,6,7,8,9,60,324, 366, 367,379,380,388,391,392,393 came into force on 26 th November , 1949, and the remaining articles came into force on 26th January, 1950, which day is referred to, in the constitution as the Commencement of the Constitution. The Constitution with additions which were made by subsequent amendments, as on December 2000, now Contains 442 Articles and 12 Schedules.

NATURE OF INDIAN CONSTITUTION:

The Nature of Indian Constitution consists of FEDERAL AND UNITARY”. & QUASI FEDERAL. Constitution which provides for a federal system of government is called a Federal Constitution, and its establishes a federal system of government. It establishes a system of double government like Central government (General Government) and the state governments (Regional Governments) The Unitary constitution establishes a Unitary government . In the system of Unitary government the whole power of government is conferred upon a single central organ or organs from which the local government derive whatever authority or autonomy they possess. In addition to that the Constitution of India, has been described as QUASI FEDERAL, because apart from possessing certain federal features like written Constitution, a rigid constitution , a division of powers ,an independent Judiciary. etc. It also possesses certain unitary features such as strong centre, single citizenship, same constitution for both centre and the states, appointment of governors of state by the centre, All India services , unequal representation of state in Rajya Sabha. so based on the above features the Indian Constitution has been described as quasi federal.

INDIAN CONSTITUTION; FLEXIBLE OR RIGID:

The Indian Constitution flexible cum rigid. In rigid constitution for the amendments or revision of its provisions a special procedure is required to be followed. In flexible constitution its provisions can be amended or revised by the ordinary legislative process. so the distinction between rigid and flexible constitution is based on the existence or non existence of a special amending procedure.

INDIAN CONSTITUTION SECULAR CHARACTER:

The Indian constitution possesses the nature of secular character. The word Secular has been added by the constitution in the forty second amendment act, 1976 wide effect from 3rd January, 1977.

VALIDITY CONCEPT IN INDIAN CONSTITUTION:

The Constitution of India is the supreme law of the country. An act of any organ of the government which is against the Constitution of India is invalid and no force. The Legislature, Executive or Judiciary cannot violate the Constitution. So the Indian constitution controls all the organs of the government. No person or any individual or governmental authority is above the Constitution and therefore, act of any person or persons, or any governmental authority which is contrary to the Constitution will be invalid and of no force. Supremacy of the Constitution is an essential feature of the federal constitution.