পৃষ্ঠা:জেবিয়ান ১৯৫৮.djvu/১৩৩

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SOME ASPECTS OF OUR CONSTITUTION

the Centre is very strong. During the time of an emergency, the Constitution can be changed into a unitary one. The Centre is given powers to legislate over the subjects of the State-List. The Union Parliament can make laws on the subjects of the State-List even in normal times for special reasons. The list of subjects over which the Union Government is to make laws is comprehensive. It contains 97 items. The State-List comprises of 66 subjects and concurrent List includes 47 subjects. When the Centre as well as a State pass a law on a certain item in the concurrent-list, the law of the centre prevails that over the State. Like the Canadian Constitution the residuary powers belong to the centre in India. In Australia and in the U.S. A. residuary powers are given to the States. In the U.S. A. there dual citizenship (the citizenship of the United States of America and the citizen- ship of the State). But there is only one citizenship for the whole of India.

 It establishes a Parliamentary Government : The Indian Constitution establishes Parliamentary form of Government both at the centre and in the states. In this regard the framers of the Constitution were much influenced by the British model. In India the Parliamentary system is based on Constitution but in England it is based on conventions. It is a form of government in which the executive functions are carried on by a Cabinet or Council of Ministers who form the real executive. The Cabinet is responsible to Parliament. The ministers remain in office so long as they enjoy the confidence and support of the majority members in the legislature. They have to resign when a vote of no confidence is passed against them. Under this system there is, besides the real executive, a nominal executive head as the hereditary monarch in Great Britain or the elected President of India. The leader of the majority party in the lower house is chosen as the Prime Minister, on whose advice other Ministers are appointed.

 The Parliamentary form of Government in India has been subjected to criticism on the ground of obligating some powers to the President by the constitution. The Constitution has vested him with the powers of sus- pending civil liberty of the people and the autonomy of the States during emergency. The President has got the right to send messages to either House of the Parliament, to return non-money bills for reconsideration to the Parliament. The Constitution no-where mentions that he is bound to accept the advice of the ministry.

 It establishes a Secular State : --The Indian Constitution establishes

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