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 UnitaryBias
Federal 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)
• 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|
• 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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