A Sovereign Republic, fundamental

7. Emergency Powers, minorities , Universal Adult Franchise , Sovereignty Resides in The People:- The constitution vest extraordinary powers in the president during emergency arising out of arme rebellion or external aggression, emergency due to breakdown of constitutional machinery in the state and financial emergency where the credit of the country is threatened. In fact during emergency the federal constitution can virtually be converted into a unitary constitution. The constitution makes special provision for minorities, Scheduled castes Scheduled Tribes etc. It not only reserves seat for them in the Parliament and state legislatures, but also grants them certain special rights and privileges. The blodest step the constitution took was the introduction of universal adult franchise in the land of illiterate millions. The “separate” electorate system which sowed the seed of dissensions amongst Hindus and Muslims and ultimately resulted in the partition of the country, was abolished. Property qualification, which enable only 14% of our people to cast votes during the Britishers’ Rule, was substituted by universal suffrage. In the words of prof. Shrinivasan, “the introduction of adult suffrage without any qualification of any kind is the boldest step taken by the constituent Assembly and is an Act of Faith. All adults of 21 years of age have been vested with the right to vote. Thus about 180 million people out of a population of 360 millions were enfranchised. In the General Elections held in 1967 and mid-term elections in March, 1971 the number of electorates were 25 and 27 crores respectively. However it makes reservation of seats for Schedule Castes and Scheduled Tribes to provide them adequate representation. The preamble to the constitution proclaims that India is a land of our people and sovereignty resides in the people of India. The people are the authors of the constitutional law. It is they who have entrusted to the various organs of Government, their respective powers and functions. The Union Government cannot claim sovereignty because its authority is derived from the constitution which can by an amending process also deprive it of its powers. The same is the case with the government of the individual states. The Supreme court seems to be the organ of the highest power as it can challenge the acts of the both, the legislative and executive branches of government. But the Supreme court also like any other organ of government is ultimately controlled by the constitution. The constitution itself is not sovereign as its provisions can be amended by the constitutional process of amendments. In fact, sovereignty reside in the ‘People of India’. The entire authority has emanated from the people. They have conferred powers on the organs of Governments. They themselves have enacted the constitution. They themselves can unmake it. The preamble speaks of the ‘people of India’. India, according to the preamble, is the land of our people and sovereignty is vested in the people as a whole. Sovereignty resides in the united people of India and not in the people of individual states of India. The constitution was drafted and adopted by the people of India in their constituent Assembly.

Independent of Country
Government of India Act & Integration
A Unique Document

Continuity With The Past and Judicial Review

Emergency Powers

The Difference Between The Act of 1935 and The Present Constitution

important articles
Union Territories
Right of Citizenship
Equality of opportunity in matters of public employment
Directive Principles of State Policy
Powers , Privileges and Immunities
Conduct of business
Administrative Relations

unless the context otherwise requires

The Scheduled and Tribal areas
Emergency Provisions