CHAPTER 3 – “SALIENT FEATURES OF THE CONSTITUTION“
FEATURES OF THE CONSTITUTION | 1. Lengthiest written Constitution
Till 2016 it has a preamble, 46s Articles, 25 Parts & 12 Schedules Why is it so lengthy? • It’s for a very vastness and diverse country. • Single constitution for the whole country (except J & K) • Influenced by the very length GOI Ac 1935. • Written by Lawyers • Has administrative provisions in addition to principles of governance • Many factors that are often covered in ordinary legislation by other modern democracies are incorporated in the constitution. 2. Rigidity and Flexible Constitution Rigid: Special procedure for the amendment- · Article 368 · Either by special majority · Or special majority & ratification by at least half of the States. · Special majority: – 2/3 majority of members of each house present and voting & majority (50%) of the total membership of each house. Flexible: Some provision of the constitution can be amended with special majority. Not amendments under Article 368. Eg: Altering boundaries of states 3. Federal System with UnitaryBiasFederal Features: Two governments, written constitution, independent judiciary, bicameralism, division of powers, supremacy and rigidity of constitution.Unitary Features: Strong Centre, Single constitution, Single citizenship, flexibility of the constitution, integrated judiciary, centre appointing the state governor, All- India services, emergency provision • Term ‘federation’ not used anywhere in the constitution. • India is a ‘Union of States’(Article1) • Indestructible. • No right to secede from the union. • Not the result of an Agreement b/w states. |
SALIENT FEATURES OF THE CONSTITUTION | Imp. Amendment – 7th, 42nd, 44th, 73rd, 74 Const. Amend. Act
42nd CAA (1976) known as Mini Constitution. 1. Lengthiest written Constitution(Geographically, Historically, single constitution, Dominance of Legal luminaries) 395 Article, 22 parts, 8 schedules. Presently, 465 Article, 25 parts, 12 schedules. 2. Drawn from various sources different countries + Act of 1935 (too Bulky) B.R. Ambedkar – Ransacking of all known constitution. Structure part– 1935 Act Philosophy– Preamble + Right + DPSP 3. Blend/ Mixup of Rigidity & Flexibility (as some can be amend by 2/3rd or simple or absolute Majority) 4. Federal system with unitary bias Two govt., division of power, written constitution, the supremacy of the constitution, rigidity, independent Judiciary & bicameralism – Quasi-Federal, Co- operative Federalism A strong Centre, single Constitution – 1. Citizenship 2. Integrated Judiciary Art 1 – Union of state implies 2 things: 1. Indian Federation cannot exist. 2. Not on the basis of contract 5. Parliamentary govt/West Minister Model – Based on coordination & cooperation b/w Legislative & executive organ. • Doctrine of Parliament – British • Judicial – American Integrate & Independent Judiciary USA – Federal Law – Federal only State Law – state Judiciary. • Indian SC Judiciary area in whole territory. |
Features | • Fundamental Rights
• DPSP • Fundamental Duties • Secular State • Universal Adult Franchise, 21 years – 18 year 61st C.A , 1988 • Single Citizenship • Independent bodies viz CAG, Election Commission, UPSC, SPSC etc. • Emergency Provision • Three–tier Government |
Sources of Indian Constitution | Important Sources of Indian Constitution
• Govt. of India Act – Federal structure, Centre – state Relation, Administrative setup (office of Governor, Public service commission. • British Constitution – Parliamentary Model, Cabinet system, Writ Jurisdiction • US Constitution – FR, Judicial Review, Preamble, Impeachment of President, removal of SC & HC Judge. • IRELAND – DPSP Elected President • CANADA – Residuary Power, MP & MLA Privileges Concurrent List • Australia – Joint sitting of Parliament • Germany – Emergency Provision. • South Africa – Procedure of Constitution Amendment • Japan – Procedure established by Law • French – Republic & the Ideals of Liberty, equality & Fraternity in the Preamble. |
Criticism | • Borrowed Constitution
• Carbon copy of 1935 • UN – Indian or Anti Indian • An – UN Gandhian Constitution • Elephantine size • Paradise of Lawyers (legalistic or Complicated) |
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