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LUXMIKANT POLITY CRUX NOTES-CHAPTER-3

CHAPTER 3 – “SALIENT FEATURES OF THE CONSTITUTION

FEATURES OF THE CONSTITUTION1. 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 aUnion of States’(Article1)

•              Indestructible.

•              No right to secede from the union.

•              Not the result of an Agreement b/w states.

SALIENT FEATURES OF THE CONSTITUTIONImp. 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. AmbedkarRansacking of all known constitution.

Structure part1935 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 ModelBased 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

•              Threetier Government

Sources of Indian ConstitutionImportant Sources of Indian Constitution

•              Govt. of India ActFederal 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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