Philosophical and Constitutional Framework of Government - UPSC PDF Download

Introduction

• The Indian Constitution is a remarkable and significant document in the global constitutional history, particularly among the newly formed nations. It extensively addresses various issues, such as the relationship between the Union and the States, public services, and special classes like Anglo-Indians, scheduled castes, and scheduled tribes. Furthermore, the Constitution includes a comprehensive list of Fundamental Rights and the Directive Principles of State Policy. The Preamble proclaims India to be a sovereign, socialist, secular, and democratic republic.
• An examination of the Constitution's features reveals its uniqueness in terms of size, form, and content. In this unit, we will explore the crucial aspects of the Indian Constitution, the roles of the Council of Ministers, constitutional authorities, constitutional commissions, and the powers of the central government. This analysis will provide a clear understanding of the functioning of India's constitutional framework at the central level.

Basic Features

 

Written Constitution 

• A constitution can be classified into two types: written and unwritten. Unwritten constitutions consist of provisions that are not codified but are instead based on the conventions and traditions of a particular country, such as the United Kingdom. Conversely, written constitutions contain most of their provisions clearly defined and recorded, like the United States Constitution.
• The Indian Constitution is a written constitution and is the lengthiest and most comprehensive constitutional document globally. It incorporates provisions from various known constitutions, adapting them to suit India's unique conditions and requirements. For example, the chapter on Fundamental Rights is modeled after the American Constitution, while the parliamentary system of government is borrowed from the United Kingdom. The idea of Directive Principles of State Policy was taken from the Constitution of the Republic of Ireland (Eire), and provisions regarding emergencies were influenced by the German Reich's Constitution and the Government of India Act of 1935.
• The Indian Constitution is extensive because it includes the modified outcomes of judicial decisions from other countries, reducing uncertainty. It contains detailed provisions on the judiciary, public services, Public Service Commission, and the relationship between the Union and the States, among other aspects. Another reason for the Constitution's length is India's vast size and the diverse and complex issues that the country faces.

Govt. Of India Act 1935 was the main foundation for the Indian Constitution

Value Premises

• The Preamble of the Indian Constitution, similar to other constitutions worldwide, embodies the goals and aspirations of the nation's people. It outlines the fundamental philosophy of the Constitution and, although not legally enforceable, has been referenced by the Supreme Court in numerous decisions.
• The Preamble reads: "We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: Justice, social, economic and political; Liberty of thought, expression, belief, faith, and worship; Equality of status and of opportunity, and to promote among them all; Fraternity assuring the dignity of the individual and the unity and integrity of the Nation; In our constituent Assembly this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this constitution."
• Hence, the Preamble outlines the governmental system, its objectives, and the principles and values the nation upholds. It is the duty of the government to enforce the Constitution and foster an environment that enables the realization of the ideals encapsulated in the Preamble.

Parliamentary Democracy

• Our Constitution establishes a parliamentary system of government at both the central and state levels. This means that the executive branch of government is accountable to the Parliament, rather than the President. This structure creates a strong central government and empowers the central legislature, known as Parliament, with the authority to create and amend legislation.
• The choice to adopt a parliamentary democracy was influenced by two main factors. First, India had prior experience with this system during British rule, making it a familiar and tested form of governance. Second, the parliamentary system is better suited to accommodate a strong central government, as opposed to a presidential system where authority is more divided.
• In a parliamentary government, the executive and legislative branches are not separate entities; instead, the executive is a part of the legislature. This interdependence reduces the likelihood of conflicts arising between the two branches, unlike in a presidential system where they operate independently of one another.

Federalism

• The Indian Constitution is based on the principles of a parliamentary government and federalism, even though the term 'Federation' is not explicitly mentioned. A review of the Constitution reveals that it contains all the essential elements of a federal system. While a unitary state has only one government, a federal state has two levels of government - the national or federal government and the governments of the constituent states.
• A federal state is created by merging several states into a single entity concerning matters that affect their common interests, while each state retains autonomy in other matters. The states are not merely agents of the federal government; both the federal and state governments derive their authority from the Constitution. Additionally, states do not have the right to secede from the federation.
• In a federal state, the Constitution forms the basis for its existence. All powers - executive, legislative, and judicial - whether held by the federation or the constituent states, are subordinate to and controlled by the Constitution. Courts have the ultimate authority to interpret the Constitution and invalidate any actions by the federal and state governments or their various organs that violate the Constitution's provisions. Another key aspect of a federal state is the division of powers between the federal government and the governments of the constituent states.
• These characteristics are present in the Indian political system. The Indian Constitution is designed to function as a federal system during normal times but can shift to a unitary system during times of war, insurrection, or a breakdown of constitutional machinery in the states. A proclamation of emergency in the country automatically transforms the federal state into a unitary state.

Fundamental Rights

The constitution guarantees the fundamental rights tp Indian citizens. They are contained in part III of the constitution from articles 12 to 35. The framers of the constitution drive inspiration from the constitution of USA in this regard. The Parliament can repeal or curtail these rights only by amending the constitution in accordance with the procedures mentioned in the constitution itself. The Supreme Court is also made responsible for the protection these rights i.e. the aggrieved person can directly go to Supreme Court for the enforcement of these rights. Though these rights are justifiable they are not absolute and hence the - government can impose reasonable restrictions on them. However, whether such restrictions are reasonable or not is to be decided by the Courts.

Directive Principles of State Policy

The Directive Principles of State Policy are contained in the part of the constitution from article 36 to 51. These principles are borrowed from the constitution of Ireland. These principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. The Directive Principles are non-justifiable i.e. they cannot be enforced in the court of law for their violation.

Fundamental Duties

These Fundamental Duties were added by the 42nd Constitutional Amendment of .1976. There are 10 duties which are specified in the article 51A of part 4A of the constitution. Like the Directive Principles these are also non-justifiable. The constitution does not provide for their directive enforcement. Moreover, there is no legal sanction against their violation.

Unique Combination of Rigidity and Flexibility

• In a federal system the Constitution is generally rigid. The rigidity of the Constitution depends upon two factors. First, it depends on the degree of difficulty in the amending process. Secondly, it depends upon the content of the Constitution.
• The Indian Constitution is partly flexible and partly rigid. It is only the amendment of a few provisions of the Constitution that requires ratification by the state legislatures and even then ratification by only half of them is needed. The rest of the Constitution may be amended by a simple majority of the Union Parliament as is required for general legislation. Some example where ratification by States is not needed are: (a) changes in the names, boundaries, area of the states and amalgamation and separation of states (Article 4), (b) abolition or creation of the second chamber of a state legislature (Article 169), (c) administration of scheduled areas and scheduled tribes (paragraph 7 of the 5th Schedule and paragraph 21 of the 6th Schedule). Our Constitution is flexible because the Parliament can supplement the provisions of the Constitution by legislation.
• The flexibility of the Constitution can also be seen from the fact that in fifty one years, the Constitution has already been amended eight five times.

Independence of Judiciary

• The independence of the judiciary and the power of judicial review are crucial aspects of the Indian Constitution. India has a unified court system, with the Supreme Court at the top, followed by the High Courts and subordinate courts for both the Union and the States. The President appoints the judges of the Supreme Court and High Courts, but their independence is ensured through the Constitution's regulation of their terms and conditions of service. Additionally, the judges can only be removed by the President if a special majority of both Houses of Parliament pass an address citing misbehavior or incapacity, ensuring that the judiciary remains impartial and independent.
• The Supreme Court has three primary roles: protecting and guaranteeing fundamental rights, acting as a check on executive authorities and enforcing the rule of law, and maintaining a federal balance. Judicial review, while not explicitly mentioned in the Constitution, is a power inferred by the judiciary through various provisions, allowing the courts to determine the constitutionality of actions taken by public authorities, both executive and legislative. The judiciary also has the responsibility to interpret the Constitution and define the relationships between its different organs.
• A distinctive feature of the Indian Constitution is that it grants constitutional status to local government as a third level of governance. The 73rd and 74th Constitutional Amendment Acts of 1992 introduced Panchayats in rural areas and three types of Municipalities in urban areas, respectively. This topic will be discussed further in Block 4.
• Another important aspect of the Constitution is the special chapter dedicated to civil services, highlighting the significance placed on these roles. The Constitution's framers established an independent body, the Public Service Commission, for civil servant recruitment and included special provisions (Article 311) to protect civil servants, which is not commonly found in other constitutions.

Powers of Central Government 

• The core of the federalism doctrine in the Indian Constitution is the division of powers between the Central and State governments. This distribution of legislative powers is outlined in three lists of subjects: Union, State, and Concurrent.
• The Union list grants the Central government exclusive authority to act on matters of national importance. It consists of ninety-nine items, including defense, foreign affairs, currency, communication, banking, income taxation, and custom duties.
• The State list comprises sixty-one entries, such as law and order, local government, public health, education, and agriculture. These subjects are primarily under the jurisdiction of the State governments.
• The Concurrent list contains fifty-two entries, including the legal system, trade and industry, and economic and social planning. In case of any conflict, the laws passed by the Central Parliament take precedence over those passed by State legislatures.
• Furthermore, residual powers are vested with the Union, and in any conflict between Union and State, the Union law prevails. This structure grants the Central Government much broader powers than the State governments.
• During an emergency, the Parliament can make laws for the entire territory of India, or any part thereof, concerning matters listed in the State list. If the President, advised by the Governor or acting independently, determines that a State government cannot function in accordance with the Constitution's provisions, they may declare a state of emergency, assume all executive functions, and place the powers of the State Assembly under the Parliament's authority. Additionally, the Rajya Sabha can request the Parliament, by a two-thirds majority, to temporarily make laws on items in the State list.

In summary, the Indian Constitution outlines a division of powers between the Central and State governments through three lists of subjects: Union, State, and Concurrent. While State governments have jurisdiction over certain matters, the Central government holds broader powers, particularly during emergencies or conflicts between Union and State laws.

Role of Council of Ministers

• The Council of Ministers plays a crucial role in the executive branch of the Indian government. The President of India serves as the head of the Union executive, while the Governor serves as the executive head of the States. However, in practice, the President relies on the advice and assistance of the Council of Ministers, which is led by the Prime Minister. The Union legislature, known as Parliament, consists of the President and two Houses, with the Lower House referred to as the House of People or 'Lok Sabha'. It is the Prime Minister's responsibility, as the head of the Council of Ministers, to enact laws.
• As per Article 74 of the Indian Constitution, the Council of Ministers, with the Prime Minister at its helm, aids and advises the President in carrying out their functions. The President selects the Prime Minister, while the other Ministers are appointed by the President based on the Prime Minister's recommendation (Article 75(1)). The Constitution also specifies that the total number of Ministers, including the Prime Minister, in the Council of Ministers should not exceed fifteen percent of the total number of members in the Lok Sabha.

The Council of Ministers is composed of three different ranks:

1. Cabinet Ministers
2. Ministers of State
3. Deputy Ministers

• The Prime Minister determines the rank of each minister and assigns their portfolios. Ministers can be chosen from either house of Parliament, and they have the right to speak and participate in proceedings of the other House, although they cannot vote in the House in which they are not a member. A person from outside the legislature can be appointed as a minister, but they must secure a seat in either house of Parliament within six months to continue in their position.
• Although the Council of Ministers' main function is to aid and advise the President, in practice, the extensive powers granted to the President by the Constitution are exercised by the Council of Ministers, with the Prime Minister leading them. The Indian Constitution is based on the principle of collective responsibility, meaning that the Council of Ministers is collectively responsible to the Lok Sabha. Once a government decision is made, it is binding on all ministers, and the entire ministry must resign if it loses majority support in the Lok Sabha.
• In reality, the full Council of Ministers rarely convenes. Instead, it is the Cabinet, a smaller group within the Council, that determines government policies.

Constitutional Authorities and Commissions

The Constitution provides for the creation of the following Authorities and Commissions: 

1. The Comptroller and Auditor General of India (Articles 148- 15 1).
2. The Election Commission (Article 324).
3. The Union Public Service Commission (Article 3 15-323). 
4. The Attorney-General for India (Article 76).
5. The Special Officer for Linguistic Minorities (Article 350 B).
6. The Finance Commission (Article 280-28 1).
7. The Official Language Commission (Article 344).
8. The Committee of Parliament to Examine the Report of the Language Commission [Article 344(4)].
9. The State Public Service Commission (Articles 3 15-323).
10. The Advocate-General for the State (Article 165).
11. Administrative Tribunals (Article 323 A).
12. National Commission for Schedule Castes (Article 338).
13. National Commission for Scheduled Tribes (Article,338 A).

UPSC is one of the Constitutional Bodies

Comptroller and Auditor-General if India 

• The Comptroller and Auditor General of India (CAG) is a crucial position established by the Indian Constitution in 1950. Appointed by the President, the CAG is responsible for auditing the accounts of the Union and State governments and can only be removed from office in a manner similar to a Supreme Court judge.
• To ensure the CAG's independence and impartiality, the individual holding the position cannot be re-employed by the state after retirement. Furthermore, the CAG's salary, allowances, and pension are not subject to parliamentary votes and are instead charged to the Consolidated Fund of India. The Parliament defines the terms and conditions of the CAG's service, as well as their duties and powers.
• The CAG's primary responsibility is to audit all expenditures made by the Central Government and State governments, both within and outside India. This includes verifying the legality of disbursed funds and ensuring that expenditures conform to the governing authorities. The CAG also audits transactions related to the Contingency Fund and Public Accounts of the Central and State governments, as well as the financial affairs of various organizations substantially financed by Central or State revenues.
• In addition to these responsibilities, the CAG audits all trading, manufacturing, profit and loss accounts, and balance sheets for any government department. The CAG reports on these audits and submits their findings to the Parliament, to which they are ultimately accountable.

To sum up, the Comptroller and Auditor General of India plays a vital role in ensuring the transparency and accountability of government financial operations. By scrutinizing the financial affairs of the executive and submitting reports to Parliament, the CAG helps maintain public trust in the government's handling of funds and resources.

The Attorney-General of India

The Attorney-General of India is appointed by the President and holds Office during the latter's pleasure. His emoluments and conditions of service are determined by the President. His function is to advise the Central Government upon legal matters as may be referred to him and to carry out duties of a legal character as assigned to him.

The Office of the AttOfflCy-Generai is one of the offices placed on a special footing by the Constitution. He is the first Law Officer of the Government of India. His duties are:    ^

(i) to give advice on such legal matters and to perform such other duties of a legal character as may, from time to time, be referred or assigned to him by the President, and ‘

(ii) to discharge the functions conferred on him by the Constitution or any law

for the time being in force (Article 76).
Though the Attorney-General of India is not a member of the Cabinet, he has a right to speak in the Houses of Parliament or in any Committee thereof, but he has no right to vote,

The Special Officer for Linguistic Minorities
The Special Officer for Linguistic Minorities is appointed by the President to investigate matters relating to the safeguards provided for linguistic minorities under the Constitution and reports to the President upon those matters. His report is laid before Parliament. The Constitution did not originally provide for this functionary; this came into being when article 350 B was inserted in the Constitution in 1956 (at the time of reorganisation of States).

Constitutional Commissions

 

Finance Commission

The Finance Commission, as outlined in Articles 270, 273, 275, and 280, is responsible for recommending measures to the President of India concerning the distribution of financial resources between the Union and the States. This includes determining the division and allocation of net tax proceeds between the Union and States, as well as the principles governing grants-in-aid from the Consolidated Fund of India. The Commission may also address any other matters referred by the President in the interest of maintaining sound financial practices. The Twelfth Finance Commission is expected to be constituted in the current year.

Article 280 stipulates the constitution of the Finance Commission, which is formed by the President every five years. The Commission consists of a Chairman and four members appointed by the President. The Chairman should possess experience in public affairs, while the remaining four members should be chosen from the following backgrounds:

• A judge of a high court or one qualified to be appointed as such
• A person with knowledge of or practical experience in financial matters
• A person with wide experience in financial matters and administration
• A person with special knowledge of economics

The Finance Commission's primary responsibility is to ensure the equitable distribution of financial resources between the Union and the States, allowing for effective governance and economic development.

 Union Public Service Commission

The Union Public Service Commission (UPSC) in India has a limited role in personnel administration. It functions as a recruiting agency for the All India services and Central Civil Services (Class I and Class II), while the responsibility of staffing lower services and posts rests with the concerned departments. The Constitution grants the UPSC advisory functions, requiring it to submit an annual report of its activities which is discussed in Parliament. Notably, the report may include instances where the government did not accept the UPSC's advice.

The Central Government consults the UPSC on various matters, including:

• Recruitment methods for civil services and civil posts.
• Principles for appointments, promotions, and transfers within civil services, as well as the suitability of candidates for such roles.
• Disciplinary matters affecting civil capacity personnel serving under the Government of India or State Governments, including related memorials or petitions.
• Claims for the reimbursement of legal costs incurred by civil capacity personnel in defense of legal proceedings related to their duties.
• Awarding pensions for injuries sustained by personnel serving under the government.

The Constitution does not specify the number of Commission members. However, it mandates that at least half of the members must have at least ten years of governmental experience. Members can hold office until they reach 65 years of age or for a term of six years, whichever comes first. Moreover, the Chairman is prohibited from accepting any employment under a State Government, while other members are only eligible for appointment to the Chairmanship of the UPSC or a State Public Service Commission.

National Commission for Scheduled Castes

The 89th Constitution Amendment Act 2003, provided for the constitution of National Commission for Scheduled Castes. The Commission shall consist of a Chairperson, Vice-Chairperson and three other Members. The President determines the condition of service, the tenure of the office of the Chairperson, Vice-Chairperson and other Members from time to time. The President will appoint them by warrant and under his hand and seal. The duty of the Commission are as follows:

(i) The Commission shall have the power to regulate its own procedure.

(ii) It shall be the duty of the Commission -

• to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
• to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
• to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State;
• to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
• to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes; and
• to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the . President may, subject to the provisions of any law made by Parliament, by the rule specify.

(iii) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(iv) Where any such report, of any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the' Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Statt and the reasofis for the non-acceptance, if any, .of any of such recommendations.

(v) The Commission shall while investigathg any matter referred to in such- clause (a) or

inquiring into any complaint referred to in sub-clause (b) if clause (Z), have all the powers of a civil court trying a suit and in particular in respect of the follower matters, namely:-

• summoning and enforcing the attendance of any person from any part of India and examining him on oath;
• requiring the discovery and production of any document;
• receiving evidence on affidavits;
•  requisitioning any public or copy thereof from any court or ofice;
• issuing commissions for the examination of witnesses and documents; 
• any other matter which the President may, by rule, determine.

(vi) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.

National Commission for Scheduled Tribes

The National Commission for Scheduled Tribes (NCST) was established by the 89th Constitution Amendment Act in 2003. The Commission is comprised of a Chairperson, Vice-Chairperson, and three other members, all appointed by the President. The President determines their conditions of service, tenure, and other relevant aspects.
The NCST holds the following responsibilities:

• Regulating its own procedures.
• Investigating and monitoring matters related to the safeguards provided for Scheduled Tribes under the Constitution or any other relevant laws, orders, or government policies. This includes evaluating the functioning of such safeguards.
• Inquiring into specific complaints regarding the deprivation of rights and safeguards of Scheduled Tribes.
• Advising and participating in the planning process of socio-economic development for Scheduled Tribes, as well as evaluating their progress under the Union and State governments.
• Presenting annual reports to the President, along with any other reports deemed necessary, which detail the working of safeguards for Scheduled Tribes. These reports also include recommendations for measures to be taken by the Union or State governments for effective implementation of safeguards and other measures for the protection, welfare, and socio-economic development of Scheduled Tribes.
• Discharging any other functions related to the protection, welfare, development, and advancement of Scheduled Tribes, as specified by the President, subject to the provisions of any law made by Parliament.

The President is required to present these reports to both Houses of Parliament, along with a memorandum explaining any actions taken or proposed in response to the recommendations, as well as any reasons for non-acceptance of certain recommendations. If the report concerns a matter involving a State Government, a copy is sent to the Governor of that State to be presented to the State Legislature, along with a similar memorandum.
During the investigation of matters or inquiries into complaints, the NCST has the same powers as a civil court, including summoning and examining witnesses, requiring the production of documents, receiving evidence on affidavits, and other matters determined by the President.
Both the Union and State governments are required to consult the NCST on major policy matters affecting Scheduled Tribes.

Conclusion

In conclusion, the Indian Constitution is a comprehensive and unique document that outlines the principles, values, and structure of the nation's government. It establishes a parliamentary democracy with a strong central government, and a federal system that balances power between the Union and the States. The Constitution guarantees fundamental rights, sets forth directive principles, and establishes various constitutional authorities and commissions to ensure transparency, accountability, and effective governance. The Council of Ministers, led by the Prime Minister, plays a crucial role in the executive branch, while the various Constitutional Commissions ensure proper functioning of the administrative and financial aspects of the government. Overall, the Indian Constitution serves as a solid foundation for the nation's growth, development, and unity.

Frequently Asked Questions (FAQs) of Philosophical and Constitutional Framework of Government

What is the significance of the Indian Constitution?

The Indian Constitution is a remarkable and significant document in global constitutional history, particularly among newly formed nations. It extensively addresses various issues, such as the relationship between the Union and the States, public services, and special classes like Anglo-Indians, scheduled castes, and scheduled tribes. It also includes a comprehensive list of Fundamental Rights and the Directive Principles of State Policy.

What are the Fundamental Rights in the Indian Constitution?

Fundamental Rights are guaranteed to Indian citizens under Part III of the Constitution, from Articles 12 to 35. These rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

What is the role of the Council of Ministers in the Indian government?

The Council of Ministers plays a crucial role in the executive branch of the Indian government. It aids and advises the President in carrying out their functions. The Council of Ministers is led by the Prime Minister and is collectively responsible for enacting laws and implementing policies.

What are the responsibilities of the Comptroller and Auditor General of India (CAG)?

The CAG is responsible for auditing the accounts of the Union and State governments, verifying the legality of disbursed funds, and ensuring that expenditures conform to the governing authorities. The CAG also audits transactions related to the Contingency Fund and Public Accounts of the Central and State governments, as well as the financial affairs of various organizations substantially financed by Central or State revenues.

What is the purpose of the Finance Commission in India?

The Finance Commission is responsible for recommending measures to the President of India concerning the distribution of financial resources between the Union and the States. This includes determining the division and allocation of net tax proceeds between the Union and States, as well as the principles governing grants-in-aid from the Consolidated Fund of India. The Commission helps ensure the equitable distribution of financial resources, allowing for effective governance and economic development.