Salient Features Of The Indian Constitution

Indian Polity

Chapter 4: Salient Features Of The Indian Constitution

Indian Constitution

  • Indian Constitution is a written Constitution.
  • It is the largest Constitution. It is because
  • It incorporated all the experiences gathered from the working of the all the known constitutions in the World.
  • To avoid all defects and loopholes that might be anticipated from the light of other constitutions.
  • To minimize uncertainty.
  • Majority of the provisions were borrowed from the GOI (Government of India) act 1935 because people were familiar with the existing system.
  • It is explained in detail manner otherwise the new democracy may be jeopardized (make vulnerable, risk).
  • Vastness of the country.
  • Multifarious challenges in the country.
  • The division of powers between the union and states is so exhaustive.
  • It is a single Constitution for the entire country except for Jammu and Kashmir.

Indian Constitution Is Both Rigid And Flexible:

  • It is rigid, means there a special procedure for amending the Constitution.
  • It is flexible, means that with an ordinary procedure some areas in the constitution can be amended.

Federal System :

  • It means the division of powers between centre and states.
  • Remember the word “Federation” is nowhere mentioned in the Constitution).
  • Though India is a federation it also has unitary features.

Parliamentary Form Of Government:

  • This forms talks about the presence of nominal (Dejure) and real (defacto) executives.
  • Majority party rule.
  • Collective responsibility to the Lok Sabha.
  • Leadership of the Prime Minister (Chief Minister at the state level).
  • The dissolution of Lok Sabha. (This type of government is present at both central and state levels).

Fundamental Rights:

  • These are for the promotion of political democracy.
  • These are justiciable i.e they are enforceable by the courts for their violation.
    Originally 7 fundamental rights were mentioned in the constitution.
  • Through the 44th amendment ‘Right To Property’ has been deleted from the list of Fundamental Rights.
  • At present only 6 fundamental rights are mentioned.

Directive Principles Of State Policy (DPSP):

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  • They seek to establish welfare state in India.
  • These are non-justiciable. (Cannot be challenged in the court of law)
  • In the Minerva Mills case of 1980 the Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and DPSP.

Fundamental Duties:

  • Added through 42nd amendment in the year 1976.
  • They were added on the recommendations of swaran Singh Committee.
  • Part IV A was added for accommodating Fundamental Duties.
  • Originally 10 Fundamental Duties were added.
  • 11th Fundamental Duty was added in the year 2002 through the 86th Constitutional amendment.
  • At present 11 fundamental duties are mentioned in part IVA.

Secular State:

  • Equal respect to all religions.
  • The Constitution does not uphold the any particular religion as the official religion. Universal Adult Franchise:
  • All adults are permitted to vote.
  • The original constitution permitted all the people who are not less than 21 years of age to vote.
  • Through the 61st amendment voting age has been reduced from 21 to 18 in the year 1989.

Emergency Provisions:

  • Provided for 3 types of emergencies.
  • National Emergency
  • State Emergency or President’s Rule

Financial Emergency:

  • During National emergency India from the state of Federation it becomes Unitary.

3 Tier Government:

  • Through 73rd and 74th amendments 3 tier structures was created.
  • Panchayati Raj and Municipalities are made the Constitutional bodies.

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