Key features of the Indian constitution
Key features of the Indian constitution
The Indian Constitution is unique with respect to elements and spirit. However many of its elements have been borrowed from various constitutions of the world. There are many elements of the Indian Constitution, which give it a distinct identity from the constitutions of other countries.
Key features of the Indian constitution
It is worth noting that significant changes have occurred in many real features of the Constitution adopted in 1949. Especially in the 7th, 42nd, 44th, 73rd, 74th and 97th amendments. 42nd Constitutional Amendment which made many major changes in the Constitution The Act, 1976 is called the ‘mini-constitution’. However, in the Kesavanand Bharti case (1973), the Supreme Court ruled that the constitutional power given to Parliament under Article 368 does not allow the “basic structure” of the Constitution to be change
Key features of the Indian constitution are as follows-
1. Longest written constitution
The constitution is divided into two sections – written, viz. American Constitution, and; Unwritten, such as the Constitution of Britain.
The Constitution of India is the longest written constitution in the world. It is very comprehensive and detailed.
Originally (1949) a Preamble to the Constitution, Article 395 (Divided into 22 parts) and 8 schedules. Currently (206) It contains a preamble, 465 articles (divided into 25 parts) and There are 2 schedules’. Various modifications since 954 have almost Removed 20 articles and one part And added to it About 90 articles, four parts (4a, 9a, 9b and 4a) and Four schedules (9, 0, 2) were added. Of the world, No other constitution has so many articles and schedules.
The following four behind elaborating the Constitution of India
The reasons are;
(A) Geographical reasons, expansion and diversity of India.
(B) The effect of the Government of India Act, 1935 can be seen. The act was very elaborate.
(C) Single for Center and States except Jammu and Kashmir
(D) Dominance of law experts in the Constituent Assembly.
Not only fundamental principles of governance in the constitution but
(a). Some provisions were amended with special majority in Parliament
In the form of administrative provisions also exist. In addition, in other modern democracies, cases which have been left out of common legislations or established political conventions have also been included in the constitutional document of India.
2. Prescribed from various sources
The Constitution of India has made most of its provisions from the provisions of the Indian Government Act, 1935, the constitutions of many countries of the world. Dr. Ambedkar proudly announced that, “The Constitution of India has been created after filtering out the various constitutions of the world.
Most of the structural part of the Constitution has been taken from the Government of India Act, 1935. The philosophical part of the Constitution (Fundamental Rights and Directive Principles of State Policy) is inspired by America and Ireland respectively. Much of the political part of the Indian constitution (the principle of the federal government and the relationship of the executive and legislature) is derived from the UK constitution.
Other provisions of the constitution are taken from the constitutions of countries like Canada, Australia, Germany, USSR (now Russia), France, South Africa, Japan etc.
The biggest influence on the Constitution of India and the source of material material has been the Government of India Act, 935. The federal system, the judiciary »the Governor, the emergency authority, the Public Service Commission and most of the administrative details are taken from it. With the coming of the constitution, more provisions are either similar to this Act of 1935 or similar to it.
3. Coordination of flexibility and inflexibility
Constitutions are also classified in terms of plasticity and inflexibility. A rigid or inflexible constitution is considered to require special procedure to amend it. For example the US Constitution | A flexible or flexible constitution is said to be one in which the process of amendment is the same as that of the making of some common laws, such as the Constitution of Britain.
The Constitution of India is neither flexible nor rigid, but it is a mixed form of both. Article 368 provides for two types of amendments:
can go. For example, two-thirds majority of the members present and participating in voting in both houses and majority of total members in each house (which is more than 50 percent).
(B). Some other provisions can be amended only with the approval of a special majority of Parliament and more than half of the states.
Apart from this, some provisions of the constitution can be amended through a simple majority in Parliament, just like the common legislative process. It is noteworthy that these amendments do not come under Article 368.
4. Federal system with an inclination towards unity
The Constitution of India establishes the federal government. It has all the common characteristics of the union; Such as – two governments, division of powers, a written constitution, the supremacy of the constitution, the rigidity of constitution, independent judiciary and credibility etc.
Although the Indian Constitution also has a large number of monolithic and non-federal characteristics, such as a strong center, a constitution, single citizenship, flexibility of the constitution, a unified judiciary, the appointment of a governor by the center, all-India services, emergency provisions, etc.
Nevertheless, the word ‘federal’ has not been used anywhere in the Constitution. Article on the other hand. India is mentioned in the ‘Union of States’. It has two implications – first, the conclusion of an agreement reached between the Indian Union States
No, and another; No state has the right to secede from the Union.
For this reason, the Indian Constitution has been given the following names, such as – Union in the spirit of unity, Earth Union (KC Vere), Bargaining Federalism – (Maurice Jones), Co-operative Federalism (Granville Austin), Federation with a Centralizing Tendency ‘(Ivor Jennings et al.).
5. Parliamentary form of government
The Indian Constitution has adopted the parliamentary system of Britain rather than the presidential system of America. The parliamentary system is based on the key features of the constitution on the principle of coordination and cooperation between the legislature and the executive, while the presidential system is based on the principle of division of powers between the two.
The parliamentary system is also known as the “Westminster” form of government, the responsible government and the cabinet government. The constitution establishes the parliamentary system not only at the center but also in the state. The following are the features of the parliamentary system in India:
1. The presence of real and nominal executives. The power of the majority party can declare the laws unconstitutional, on the other hand, Parliament can amend the major part of the constitution on the strength of its constitutional powers.
2. Unified and independent judiciary The Constitution of India establishes a judiciary which is independent as well as unified in itself. The Supreme Court is at the top in India’s judicial system. Below this, there are high courts at the state level. Below high courts in states, there are subordinate courts, such as district courts.
3. Joint accountability of the executive before the legislature
4. Membership of Ministers in Legislature,
5. Leadership of Prime Minister or Chief Minister,
6. Dissolution of the lower house (Lok Sabha or Vidhan Sabha). Although the Indian parliamentary system is largely based on the British parliamentary system, there are some fundamental differences between the two. For example Indians like the British Parliament
Parliament is not sovereign. Apart from this, the head of India is the elected person (Republic), while Britain has a successor system. In any parliamentary system, whether it is from India or Britain, the role of the Prime Minister has become extremely important. As political experts call it ‘Prime Ministerial Government’.
7. Coordination of Parliamentary Sovereignty and Judicial Supremacy The rule of Parliament’s sovereignty is attached to the British Parliament, while the principle of supremacy of the judiciary is derived from the Supreme Court of America.
Just like the Indian parliamentary system, other lower courts than the British system. The single system of courts enforces central laws as well as state laws. Although federal laws in the United States are subject to federal judiciary and state laws
The state judiciary implements.
The Supreme Court is a federal court. It is the apex court, which guarantees the defense of the fundamental rights of citizens and is the protector of the Constitution. Therefore many provisions have been made in the Constitution for its independence; Such as security of tenure of judges, service conditions prescribed for judges, bear all expenses of the Supreme Court from the Consolidated Fund of India, prohibit discussion on the functioning of judges in the legislature, ban on the functioning of the court after retirement, for contempt Power to punish, separate judiciary from executive etc.
“Six Fundamental Rights” in the third part of the Constitution
has been done. These rights are:
1. Right to equality (Articles 4-8).
2. Right to Freedom (Articles 9-22).
3. Right against exploitation (Articles 23–24).
The judicial review power of the Supreme Court in India is less than that of the US Supreme Court. This is because the US Constitution provides for “due process of law”, while the Indian constitution provides for “procedure established by law” (Article 24).
The framers of the Indian Constitution therefore preferred to strike a fair balance between Britain’s parliamentary sovereignty and America’s judiciary supremacy. While the Supreme Court has parliamentary powers under its judicial review powers
4. Cultural and Right to Education (Articles 29-30).
5. Right to Constitutional Remedies (Article 32).
The fundamental right is actually intended to promote the spirit of political democracy. They act as a deterrent to arbitrary laws of the executive and legislature. These can be enforced through court in case of violation. A person whose fundamental right has been violated can go directly to the Supreme Court,
6. Right to religious freedom (Articles 25–28). B. protect, mandate, prohibit, authorize for defense; Develop the feeling of mutual brotherhood among all people, can issue records or writ like desire and inducement.
Although fundamental rights come under the purview of certain limitations, but they are also not immutable. Parliament can abolish or even cut them through the Constitution Amendment Act. Rights conferred by Article 20-27
These can be postponed during the national emergency except.
According to Dr. B.R. Ambedkar, Directive Principles of State Policy, Principles of State Policy, etc.
Fundamental duties remind citizens that while exercising their rights they should remember that they also have to discharge certain responsibilities towards their society, country and other citizens. Duties, like the Directive Principles of Policy, also cannot be enforced in law.
A secular state
The Constitution of India is secular. Therefore, it does not recognize any particular religion as the religion of India. The Constitution has a unique feature of the Indian Constitution. These are mentioned in the fourth part of the constitution. These are divided into three broad categories
Can be divided – social, Gandhian and liberal – intellectual. Functions of Policy-Directive Elements Social and Economic Democracy The following provisions reflect the secular character of India;
1. The 42nd Constitution Amendment of 1976 added the word ‘secular’ to the Preamble to the Constitution.
2. Preamble protects the freedom of faith, worship and faith of every Indian citizen. To promote. Their aim is a “welfare” in India
state! Is to be established. However, like fundamental rights, they cannot be enforced in law. The constitution states that these principles are fundamental in the governance of the country and it is the responsibility of the country to adopt these principles while making laws. Therefore, it is the moral duty of the states to implement them, but in their background the real power is political, ie public opinion.
3. Any person shall be treated equal before the law and shall be provided equal protection of the law (Article-4).
4. There will be no discrimination in the name of religion (Article-5).
5. Equal opportunities will be given to all citizens in public services (Article-6)
6. Every person adopting any religion and in Minerva Mills case (980) / the Supreme Court said that, “The foundation of the Indian Constitution is the fundamental rights and
The policy-director is placed on the balance of principles. ‘
Fundamental duties are not mentioned in the original constitution. They were incorporated during the Internal Emergency (1975–77) through the 42nd Constitution Amendment of 976, based on the recommendation of Swarn Singh Committee. The 86th Constitutional Amendment of 2002 added another fundamental duty.
Fundamental duties are mentioned in Part 4A of the Constitution (which has only one Article 5-A). Under this, every Indian shall have the duty to respect the Constitution, the national flag and the national anthem, to protect the sovereignty, unity and integrity of the nation; Maintaining the rich heritage of our mixed culture
According to him, there is equal right to worship (Article 25).
Every religious group or any part of it has the right to manage its religious affairs (Article 26). 8. No person shall be compelled to pay any tax for the promotion of any particular religion. (Article 27). 9. Any type of religious in any government educational institution
Instructions will not be given (28). 10. Any class of citizens has the right to preserve their language, script or culture (Article 29). 1. Minorities have the right to establish and operate educational institutions of their choice (Article 30).
Key features of the constitution
The State shall endeavor to make the Uniform Civil Code for all citizens (Article-44). The Western concept of secularism maintains complete separation between religion (church) and state (politics). This negative concept of secularism cannot be applied in the Indian environment because the society here is multi-religious. Hence the positive aspects of secularism while defending all religions in the Indian constitution equally or protecting all religions equally.
Has been included. Apart from this, the constitution on the basis of religion in the legislature The old religion-based representation giving reservation to the chair has also been abolished although the constitution provides temporary reservation to provide fair representation to the scheduled castes and tribes.
Universal adult suffrage adopted by the Indian Constitution on the basis of election to state legislatures and Lok Sabha, universal adult suffrage
has gone. Every person who is at least 18 years of age has the right to vote without any discrimination on the basis of religion, caste, sex, literacy or wealth etc. In the year 989, by the 6th Constitution Amendment Act, 1988 The voting age was reduced from 2 years to 8 years. Considering the large size of the country, population, high poverty, social inequality, illiteracy etc., the incorporation of universal adult suffrage into the Constitution by the constitution makers was a bold and commendable experiment. “
Adult franchise along with giving a big foundation to democracy, enhances the self-respect of the general public, enforces the principle of equality, gives the minorities an opportunity to protect their interests and creates new hopes and expectations for the weaker sections .
Although the Indian Constitution is federal and represents two characteristics (single and federal), it only provides for single citizenship ie Indian citizenship.
On the other hand, in countries like America, each person not only has citizenship of the country but also the state in which he resides. Therefore he takes advantage of two groups of rights – first; Provided by the national government, and; The second is provided by the state government.
In India, all citizens, irrespective of whether they are born or live in any state, have the same political and civil rights as citizenship in the entire country and are not discriminated against, except in certain cases, such as tribal areas, Jammu and Kashmir etc. Despite the constitutional provisions of single citizenship and equal rights for all citizens, there have been communal riots, class conflicts, caste wars, linguistic disputes and ethnic disputes in India. This means that the framers of the constitution, which created a unified and organized India nation
Dreamed, he has not been fully fulfilled.
The Constitution of India provides only legislative, executive and government (central and state) judicial organs. Rather it also establishes some independent bodies. These have been envisaged by the Constitution as important pillars of the democratic system of the Government of India. Some such independent bodies are:
a. Election Commission to ensure free and fair elections for Parliament, State Assemblies, President of India and Vice President of India.
B. Comptroller and Auditor General of India for auditing the accounts of State and Central Government. They are the custodians of public money and comment on the legitimacy of the expenses incurred by the government and their justification.
C. Union Public Service Commission . It conducts examinations for recruitment to All India Services * and High Level Central Services and advises the President on disciplinary matters.
D. State Public Service Commission, whose job is to conduct examinations for recruitment to state services in every state and to advise the governor on disciplinary matters. The Constitution ensures the independence of these bodies through various provisions, such as tenure protection, prescribed service conditions, various expenditure loaded on the Consolidated Fund of India, etc.
The Indian Constitution provides for a large number of emergency provisions for the President to deal effectively with the state of emergency. The purpose of including these provisions in the Constitution is to provide sovereignty, unity, integrity and security of the country, protection of the Constitution and the democratic structure of the country.
The Constitution envisages three types of emergency:
1. National Emergency: A state of national unrest arising due to war, invasion or armed rebellion (Article-352).
2. Emergency in the state (President’s rule): Failure of constitutional machinery in states (Article 356) or failure to comply with Central directives (Article 365).
3. Financial Emergency: India’s financial stability or sufficiency is in jeopardy (Article 360). During the Emergency, the entire power comes to the hands of the central government and the states go under the control of the center. Which is not in any other constitution of the world.