• SALIENT FEATURES OF INDIAN CONSTITUTION
  • SOURCES OF INDIAN CONSTITUTION
  • BLEND OF RIGIDITY AND FLEXIBLITY
  • FEBERAL WITH UNITARY BIAS
  • PARLIAMENTARY FORM OF GOVERNMENT
  • SYNTHESIS OF PARLIMENTARY SOVEREIGNTY AND JUDICIAL SUPREMACAY
  • INTEGRATED AND INDEPENDENT JUDICIARY
  • FUNDAMENTAL RIGHTS
  • DIRECTIVE PRINCIPLES OF STSTE POLICY
  • FUNDAMENTAL DUTIES
  • SECULARISM
  • UNIVERSAL ADULT FRANCHISE
  • SINGLE CITIZENSHIP
  • INDEPENDENT BODIES
  • EMERGENCY PROVISIONS
  • THREE-TIER GOVERNMENT
  • COOPERATIVE SOCIETIES

UNIT 1 – THE CONSTITUTION – PART 2

SALIENT FEATURES OF INDIAN CONSTITUTION

The members of the constituent assembly were aware of the uniqueness of Indian society and thus meticulously crafted a constitution that accommodates the interests of every section of the Indian society. The following are the salient features of Indian constitution.

  1. LENGTHIEST WRITTEN CONSTITUTION:

The Indian constitution, unlike the British constitution does not contain only the basic principles of governance. It provides elaborate provisions detailing the administrative procedures as well.

Reasons for being the lengthiest constitution:

  1. Geographical Factors: The vastness of the territory of India creates geographical, social and cultural diversities between different regions of the country.
  2. Historical Factors: The Government of India Act, 1935, which was a bulky document had a considerable influence on the Constitution of India.
  3. Composition of Constituent Assembly: The constituent assembly was dominated by members from legal background.
  4. Single Constitution: A single constitution was made for the entire country that accommodates the wide range of regional and socio-cultural diversities.

 

  1. SOURCES OF INDIAN CONSTITUTION

Many principles and ideals incorporated in the Indian constitution were inspired from the constitutions of various countries. Such principles were modified according to the needs of Indian society and then incorporated in the constitution.

S.No

Country

Inspired Concepts

1

Australia

Concurrent list, Language of Preamble and Provisions related to trade, commerce and intercourse.

2

Canada

Federal with unitary bias, Distribution of powers between centre and states and Residuary powers with the centre.

3

Ireland

Directive Principle of State Policy (DPSP), Election of President, Nomination of MPs to Rajya Sabha.

4

Japan

Procedure established by law.

5

USSR (erstwhile)

Fundamental Duties and Five year plans.

6

UK

Nominal head of the State, Parliamentary system, Cabinet system, Bicameralism, Speaker to Lok Sabha, Council of Ministers and More powerful Lok Sabha.

7

USA

Preamble, Fundamental Rights, Independence of judiciary, Removal of Judges of High Courts and Supreme Court ,Judicial Review, Functions of President and Vice-President and Written constitution.

8

Germany

Suspension of FRs during emergency.

  1. Blend of Rigidity and Flexibility

The procedure for amending the constitution of India is neither as simple as that of amending ordinary laws nor too rigid. Article 368 provides two types of special procedures for the amendment of the constitution. They are

  1. Amendment by special majority of the Parliament.
  2. Amendment by special majority of the Parliament and ratification by half the number of states.

 

  1. FEDERAL WITH UNITARY BIAS

Indian constitution provides for a federal system of government with a strong centre.

S.No

Federal Features

Unitary Features

1

Two governments – The central and the state governments.

Appointment of governors by the centre.

2

Division of powers between the centre and the states.

Single constitution and single citizenship.

3

Bicameralism.

Integrated judiciary

4

Supremacy of constitution.

Emergency provisions

5

Independent judiciary

Flexibility of the constitution

6

Written constitution

All India Services

  1. PARLIAMENTARY FORM OF GOVERNMENT

India follows the parliamentary form of government both at the centre and the states.

S.No

Features of Parliamentary System

1

Nominal executive is The Head Of The State And Real Executive is the head of the government.

2

Majority party rule.

3

Collective responsibility of the council of ministers to the Parliament, especially the lower house.

4

Council of Ministers is members of the legislature.

5

Provisions for the dissolution of lower house.

  1. Synthesis of Parliamentary Sovereignty and Judicial Supremacy:

The powers of the Indian Parliament are restricted by the Judiciary through judicial review. However, the scope of judicial review of Indian judiciary is not as wide as that of American judiciary. When a law passed by the Parliament violates the provisions of the constitution, the judiciary can struck down the law as ‘unconstitutional’. On the other hand, the Parliament can amend the provisions of the constitution itself, without changing the basic structure of the constitution.

  1. INTEGRATED AND INDEPENDENT JUDICIARY:

The Indian judiciary is an integrated institution with Supreme Court placed at the top and the High Courts of the states and other subordinate courts placed below the SC in the hierarchy. The independence of the judiciary is ensured by the following provisions.

  1. Security of tenure of judges.
  2. Fixed service conditions for all the judges.
  3. The conduct of judges cannot be discussed in the legislatures.
  4. Prohibition of practice after retirement.
  5. Power to punish for the contempt of courts.
  6. Separation of judicial powers from the executives.
  7. All the administrative expenses of the judiciary are charged on the Consolidated Fund of India.

 

  1. FUNDAMENTAL RIGHTS:

Fundamental Rights(FRs) are aimed at providing political democracy to the people of India. These rights place limitations on the actions of both the legislature and the executives. However, the FRs are not absolute and reasonable restrictions are placed on its exercise.

  1. DIRECTIVE PRINCIPLES OF STATE POLICY:

The Directive Principles of State Policy (DPSP) are aimed at providing social and economic democracy. Unlike the FRs, the directive principles are non-justiciable. These are just moral obligations placed on the governments.

  1. FUNDAMENTAL DUTIES:

The Fundamental Duties (FDs) acts as a reminder to the citizens that while they enjoy FRs, they should also fulfil their duties towards the state and the society.

  1. SECULARISM:

The principle of ‘Secularism’ is a basic feature of Indian constitution. Unlike in the USA, in India, the state follows positive secularism, wherein the state does not completely disassociate itself from the religious matters rather it creates an environment in which every citizen can freely follow his/her faith. The constitution guarantees liberty of belief, faith and worship to all the citizens.

  1. UNIVERSAL ADULT FRANCHISE:

Universal adult franchise enhances the self-respect of individuals and also enables the voices of marginalised sections of population and minorities to be heard.

  1. SINGLE CITIZENSHIP:

Single citizenship ensures that all the citizens of the country enjoy same civil and political rights throughout the territory of India.

  1. INDEPENDENT BODIES:

The constitution provides for independent bodies such as the Election Commission of India(ECI), Comptroller and Auditor General of India(CAG), Union Public Service Commission(UPSC), State Public Service Commission(SPSC) and Joint State Public Service Commission(JSPSC) for the efficient functioning of democracy.

  1. EMERGENCY PROVISIONS:

To tackle the extraordinary situations such as war, external aggression and armed rebellion, the constitution provides special provisions for the proclamation of ‘Emergency’. Once the ‘Emergency’ is proclaimed, the federal system of government becomes unitary and the central government becomes all powerful.

  1. THREE-TIER GOVERNMENT:

The 73rd and the 74th constitutional amendment acts provided for the establishment of Panchayats And Municipalities as the third tier of government. This is a unique feature of Indian constitution and it is not found anywhere in the world.

  1. COOPERATIVE SOCIETIES:

The Cooperative societies play a significant role in the development of rural India by enhancing the economic activities of rural population. The right to form cooperative societies has been made as a FR under article 19. In addition to that, a new directive principle has been added for the promotion of cooperative societies under article 43B.

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