The Indian Constitution

3353 Words Mar 11th, 2011 14 Pages
Basic features of Indian constitution:
1. Indian constitution is the lengthiest constitution with 443 articles, 26 parts and 12 schedules Previously there were 395 articles, 22 parts and 9 schedules. 2. Indian constitution was adopted on 26th November 1949.
3. Indian constitution was enforced on 26thJanuary 1950.
4. Fundamental rights – USA Aritcle (14-35) Part iii Justifiable(enforceable in court) 5. Directive principles- Ireland Article (36-51) Part iv not Justifiable(enforceable in court) 6. Fundamental duties- Article 51-A 42nd amendment act, 1976 not Justifiable 7. India is a federal state i.e. has two governments one at the centre and the other at the state level unlike a unitary government which only has one government. 8. Though
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• If a department of the government is transferred to it.
• If the monopoly enjoyed by it is protected or sponsored by the state.

However the test is not exclusive and is only illustrative.
The court also observed that the question whether the corporation is created by or under the statute is immaterial what is important is why it was created.

som prakash Vs union of india
The court observed that the expression other authorities is not confined only to statutory corporation but may include a government company having nexus with the government. In this case bharat petroleum was held to be state. In Tekraj vasandi Vs union of India
The court held that Article 12 cannot be stretched so much so as to bring all authorities having some nexus with the government within the definition of the state unless it is performing some governmental function. Whether judiciary is included within the meaning of state
Judiciary is there to ensure that there is no violation of fundamental rights and inclusion of judiciary under article 12 would include judiciary as possible violator of Fundamental rights In Naresh vs state of Maharashtra It was held that even if a court is the state a writ under

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