SALIENT FEATURES OF INDIAN CONSTITUTION

-

 

WRITTEN CONSTITUTION

•       The constitution of India is a wholly written document.

•        enacted by constitutional assembly of India.

•        Indian constitution mostly written by lawyer, so do not give any loophole in this document.

•        So all the detailed mention in written form

LENGHTHIEST CONSTITUTION

•       It is very detailed constitution.

•        It consists a Preamble and 470 articles which are include into 25 parts with 12 schedules and 5 appendices.

•        Amended 104 times.

•        One constitution for both State and Centre

•        Wide geographical area.

•        Include ACT 1935.

PREAMBLE OF CONSTITUTION

•       It is well drafted preamble of Indian constitution.

•        Most of the detail mention in preamble about constitution in brief.

•        Declare India to be sovereign socialist secular democratic republic and welfare state committed to secure justice liberty and equality with promoting fraternity.

SOVEREIGNTY

•       The term Sovereignty is mention in preamble of Indian constitution.

•        Sovereignty is very important feature of every state.

•        means state is independent internal and external matter.

VARIOUS SOURCES

•       This document is influenced by the constitutions of many nations.

•        Like USA, British, Canadian, Irish, French, Australian, Soviet Union, South Africa, Germany and Japan. 









RIGIDITY AS WELL AS FLEXIBILITY

•       Indian Constitution is neither rigid nor flexible.

•        Some provisions are very flexible like most of the provisions of constitution are amended by 2/3 majority in parliament.

•        Some provisions are very rigid like Residuary power belongs to the center. Most of the list include into concurrent list.

•       Because of this unique feature KC Wheare called Indian constitution as Quasi Federal which means Federal structure with a strong centre.

PARLIAMANTARY FORM OF GOVERNMENT

•       Article 74 and 75 is concerned with the Parliamentary system in centre and Article 163 and 164 says about parliamentary system in states.

•        Majority Party rule.

•        Powers not concentrating in single person

FUNDAMENTAL RIGHTS

•       Provide six fundamental rights

•        Right to equality (14-18)

•        Right to freedom (19-22)

•        Right to against exploitation (23-24)

•        Right to freedom of religion ( 25-28)

•        Cultural and educational rights (29-30)

•        Right to constitutional remedies (32)

•        Originally Right to property also included in document. However it was deleted form list 44th amendment Act 1978. It is made a legal right under art 300A

FUNDAMENTAL DUTIES

•       Added in 1976 upon recommendation of the Swaran Singh Committee.

•        42nd amendment include 10 duties

•        in 2002 86th amendment increased to 11.

•        Oblige constitution, respect national symbols, protect unity and sovereignty of state, perform national services, safeguard public property

•        11th duty are to provide opportunities for education to children between 6-14 years age.

•        not legally enforceable.

SECULARISM

•       In 42nd amendment 1976 the term ‘Secular’ mention in Indian constitution.

•        Before mention of secular word there are many provision in documents which prove India as secular country

•        It supports the fair and equal treatment of all religions under law

•        Different from western model of secularism which is negative.

UNIVERSAL ADULT FRANCHISE

•       It allow every citizen of India who is above 18 years to vote elections.

•        21 to 18 in 61st amendment 1988.

SINGLE CITIZENSHIP

•       Unlike USA there is no double citizenship for state and nation.

•        article 5 to 11 there is mention of citizenship.

•        Citizenship Act 2019 migrants who had entered India by 31Dec 2014 and had suffered religious persecution or fear of religious persecution in their country of origin were made eligible for citizenship.

INDEPENDENT JUDICIARY

•       For the proper functioning of the constitution , the makers ensured that judiciary should be independent.

•        appointment of judges.

•        tenure of judges is secure

•        Removal of Judges.

JUDICIAL REVIEW

•       taken form USA.

•        Useful for the proper enforcement of constitution.

•        Judiciary can take action if governmental bodies or other bodies violate constitution.

•        They can check and question.

EMERGENCY PROVISION

•       National Emergency Article 352

•        President’s Rule and State Emergency Article 356

•        Financial Emergency Article 360

CONCLUSION

The makers of Constitution wants to provide us a living documents which not only solve that time of problem but changes according to time in positive way.

 

Comments

Post a Comment

Popular posts from this blog

POLITICAL THEORY: MEANING, NATURE AND SIGNIFICANCE

-
Image
  Political Theory helps us to better understand the concepts which shaped our political system. Before knowing Political Theory, we should have idea about what is Theory.   THEORY Merriam Wbester Dictionary defines a Theory as “an idea or set of ideas that is intended to explain facts or events that is suggested or presented as possibly true but that is not known or proven to be true”. It is a rational enterprise which draws conclusion based on reasons. Theories are contextual because they change with time, places and persons. Theory can’t be objective totally because it is human nature to become subjective in many terms. It is always based on assumption but these assumptions are followed by reasons.   POLITICAL THEORY The term Political Theory sometime interchangeable with other terms like ‘political thought’, ‘political philosophy’, political ideology etc. But it is different from these terms. Political Theory is a body of systematic knowledge related to the phenom
Read more

Ruling Elites in Political system

-
Image
  The first step in understanding how any government actually works is to identify its Ruling Elite. The Ruling Elites in any country may be said to comprise 1.      Those persons in the political system who have significant decision-making authority. 2.      Leading persons in the opposition who may be expected to gain decision making power in the future or who are currently able to influence policy making in a negative way 3.      Persons who have hold positions of authority in the system with an active interest in politics and have directly or indirectly influence on any current policy making. In the broadest sense the ruling elite includes the social strata from which most persons are recruited for political leadership. Ruling Elites   Traditional Elites Traditionally the ruling elite comes from certain functional classes in the society: ·        The Military Civilian Rulers which we can call military are professional expertise in their field. Mostly in medieval
Read more

Plato’s concept of Philosopher King

-
Image
Plato in ‘Republic’ tried to portray the picture of an ideal state. In this book he first focused on three division of man’s mind into Reason, Spirit and Appetite and then divide society into three corresponding division i.e. The Ruler, the Soldiers and the Farmers. He however gives great importance to Reason and believed that when Reason rules the state it will be the ideal state. Who have Reason in highest peek according to Plato will called Philosopher King? He is the person with dominating reason who posses the wisdom and has the knowledge of Ideas or Forms. Qualification of Philosopher King According to Plato there should a great education system in ideal state in which all individual according to their specialization will be trained and who will dominating by Reason and reach to last of this education system will be Philosopher King. However, both Soldiers and Philosopher King have same kind of education system but according to Plato who have Reason in domination he will co
Read more