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 44^th amendment Act 1978. It is made a legal right under art 300A

FUNDAMENTAL DUTIES

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

•        42^nd amendment include 10 duties

•        in 2002 86^th amendment increased to 11.

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

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

•        not legally enforceable.

SECULARISM

•       In 42^nd 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 61^st 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.