India does not have a separate constitution for states which account for the lengthiness of our constitution.
FUNDAMENTAL RIGHTS:
- Fundamental rights is a basic set of rights which aids for the holistic development of an individual.
- When fundamental rights are violated, we can go for high court or supreme court(Judiciary).
- For example, Article 20(3) says that, “No person accused of any offence shall be compelled to be a witness against himself.” i.e. we have the right to remain silent during investigation. When we are compelled to accept, accused can approach high court or supreme court.(Eg: JaiBhim film)
- In the parliamentary form of government legislature and executive organs are related to each other.
DIRECTIVE PRINCIPLES OF STATE POLICY:
- These are the principles followed by a government when it proposes a law.
- For example, Article 42 reveals the Right to Work. MGNREGA is an employment scheme in accordance with Article 42 which provides employment to people in rural areas.
- These principles are non-justiciable. (Judiciary cannot question the government when these principles are violated.)
AMENDMENT OF CONSTITUTION:
- Parliament can alone amend our constitution using simple majority parliament and special majority parliament.
- Simple majority refers to the majority of more than 50% of the members present and voting .To understand simple majority, let us consider a situation in Lok Sabha. On a particular day, out of the total strength of 545, 45 were absent and 100 abstained from voting on an issue. So only 400 members were present and voting. Then the simple majority is 50% of 400 plus 1, i.e., 201.
- Special majority as per article 249 requires a majority of 2/3rd members present and voting. For example, if out of the 245 members in Rajya Sabha, if only 150 are present and voting, then the special majority required as per article 249 would be 101.
Credits:Leo Rajalakshmi
