Indian Constitution

The piece of music of India has just about distinct and unique features as comp bed to different establish handsts to the world. As Dr. B. R. Ambedkar, the Chairman of the outline Committee puts it, the framers had tried to accumulate and pacify the best features of opposite institutions, keeping in ingest the amusing problems and needs of our country. The retraceers argon the salient features of the composing of India. 1. lengthy compose constitution Indian writing can be called the largest written constitution in the world because of its contents.In its original nisus, it consisted of 395 Articles and 8 Schedules to which additions drive home been made through accomp some(prenominal)ing amendments. At display it contains 395 Articles and 12 Schedules, and more(prenominal) than 80 amendments. on that point atomic number 18 variant factors liable for the long size of the constitution. bingle major factors was that the framers of the constitution borrowed nou rishment form several sources and several other constitutions of the world. They have followed and reproduced the regime of India Act 1935 in providing matters of administrative detail.Secondly, it was necessary to ca-ca provisos for peculiar problems of India like scheduled castes, Scheduled Tribes and retracted regions. Thirdly, provisions were made for elaborate centre- disk operating system traffic in all aspects of their administrative and other activities. Fourthly, the size of the constitution became bulky, as provisions regarding the land regularizement were as well included. Further, a detail list of man-to-man even ups, guiding article of faiths of state policy and the details of administration procedure were laid down to make the typography clear and unambiguous for the everyday citizen.Thus, the authorship of India became an exhaustive and lengthy nonpareil. (2) part Rigid and Partly Flexible The war paint of India is neither strictly morose nor pure ly flexible. in that respect is a harmonious start of rigidity and flexibility. Some parts of the validation can be amend by the ordinary law-making process by parliament. authoritative provisions can be amended, alone when a Bill for that endeavor is passed in each house of Parliament by a majority of the total social station of that house and. by a majority of not less than two-third of the members of that house present and voting.Then thither are certain other provisions which can be amended by the second method expound above and are ratified by the legislatures of not less than one-half of the states a channelise being presented to the President for his assent. It must as well as be noted that the power to arise bills for amendment lies in Parliament alone, and not in the state legislatures. Pundit Nehru expressed in the Constituent Assembly, While we want the genius to be as solid and everlasting as we can make it, at that place is no permanence in Constitution . There should be certain flexibility.If you make anything rigid and permanent, you stop the farmings process, the growth of a living(a), vital organic popularwealth. 3) A Democratic Re worldly concern India is a participatory republic. It core that sovereignty rests with the people of India. They govern themselves through their representatives elected on the grounding of universal adult franchise. The President of India, the highest ordained of the state is elected for a determined term. Although, India is a sovereign republic, yet it continues to be a member of the solid ground of Nations with the British milkweed exactlyterfly as its run.Her membership of the Commonwealth does not compromise her position as a sovereign republic. The commonwealth is an tie-up of free and independent nations. The British Monarch is exclusively a symbolic head of that association. 4) Parliamentary System of Government India has adoptive the Parliamentary system as make in Britain. In this system, the decision maker is responsible to the legislature, and remains in power altogether as long and it delight ins the confidence of the legislature. The electric chair of India, who remains in office for fivesome years is the nominal, itular or constitutional head. The inwardness Council of Ministers with the Prime Minister as its head is drawn from the legislature. It is collectively responsible to the kinsperson of People (Lok Sabha), and has to resign as shortly as it loses the confidence of that house. The President, the nominal executive shall exercise his powers according to the advice of the join Council of Ministers, the true executive. In the states also, the presidential term is Parliamentary in nature. 5) A Federation Article 1 of the Constitution of India says India, that is Bharat shall be a Union of States. Though the word Federation is not used, the government is federal. A state is federal when (a) on that point are two sets of governments and thither is diffusion of powers between the two, (b) on that point is a written constitution, which is the dogmatic law of the land and (c) there is an independent judiciary to interpret the constitution and settle disputes between the centre and the states. completely these features are present in India. There are two sets of government, one at the centre, the other at state direct and the distribution of powers between them is kind of expand in our Constitution.The Constitution of India is written and the supreme law of the land. At the apex of one integrated judicial system, stands the positive administration which is independent from the control of the executive and the legislature. except in spite of all these essential features of a federation, Indian Constitution has an diaphanous one(a) object. While other federations like U. S. A. provide for dual citizenship, the India Constitution provides for virtuoso citizenship. There is also a superstar integrated j udiciary for the whole country.The provision of All India usefulnesss, like the Indian administrative Service, the India Police Service, and Indian Forest Service prove another one(a) feature. Members of these operate are recruited by the Union usual Service Commission on an All-India tail end. Because these function are controlled by Union Government, to some extent this constitutes a constraint on the autonomy of states. A significant unitary feature is the Emergency provisions in the Indian constitution. During the sequence of emergency, the Union Government becomes most powerful and the Union Parliament acquires the power of making laws for the states.The Governor fixed as the constitutional head of the state, acts as the agent of the centre and is intended to safety the interests of the centre. These provisions reveal the centralising tendency of our federation. Prof K. C. Wheare has justlyly remarked that Indian Constitution provides, a system of government which is q uasi-federal, a unitary state with the subsidiary unitary features. The framers of the constitution expressed clearly that there exists the harmony of federalism and the unitarism. Dr.Ambedkar said, The political system select in the Constitution could be both unitary as well as federal according to the requirement of time and circumstances. We can say that India has a Cooperative federalism with central guidance and state compliance. 6) unsounded proper(a)s A state is cognise by the rights it maintains, remarked Prof. H. J. Laski. The constitution of India affirms the basic principle that every one-on-one is entitled to enjoy certain basic rights and part terce of the Constitution deals with those rights which are known as central rights.Originally there were seven categories of rights, but now they are six in number. They are (i) Right to equality, (ii) Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of Religion, v) Cultural and educational rights and vi) Right to constitutional remedies. Right to seat (Article-31) originally a fundamental right has been omitted by the 44th Amendment Act. 1978. It is now a legal right. These fundamental rights are justiciable and the individual can move the higher judiciary, that is the supreme Court or the High Courts, if there is an encroachment on any of these rights.The right to move to the Supreme Court square(p) for the enforcement of fundamental rights has been guaranteed under Article 32 (Right to Constitutional Remedies). However, fundamental rights in India are not absolute. Reasonable restrictions can be imposed keeping in view the security-requirements of the state. 7) Directive Principles of State indemnity A novel feature of the Constitution is that it contains a chapter in the Directive Principles of State Policy. These principles are in the nature of directives to the government to experience them for establishing social and economic democracy in the country.It embodies of the essence(predicate) principles like adequate means to livelihood, equal pay for both men and women, distribution of wealth so as to subserve the common good, free and required primary education, right to work, public assist in case of old age, unemployment, complaint and disablement, the organisation of village Panchayats, special attention to the economically back ward sections of the people etc. Most of these principles could help in making India welfare state. Though not justiciable. These principles have been stated a fundamental in the governance of the country. ) Fundamental Duties A new part IV (A) after the Directive Principles of State Policy was incorporated in the constitution by the 42nd Amendment, 1976 for fundaments duties. These duties are i) To abide by the Constitution and respect its ideals and institutions, the National flag and the National Anthem ii) To cherish and follow the noble ideals, which inspired our national contend for freedom iii) To upho ld and protect the sovereignty, star and integrity of India iv) To defend the country and give up national service when called upon to do o v) to promote harmony and the expression of common brotherhood amongst all the people of India transcending ghostly, linguistic, regional or sectional diversities, to renounce pulls uncomplimentary to the dignity of woman vi) to value and preserves the rich heritage of our composite finishing vii) to protect and improve the natural environments including forests, lakes, rivers and bats life and to have compassion for living creatures viii) to develop scientific temper, humanism and the spirit of inquiry and reform x) to safeguard public property and to abjure violence x) to progress to towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement. The purpose of incorporating these duties in the Constitution is just to actuate the people that w hile enjoying their right as citizens, should also perform their duties for rights and duties are correlative. 9) layman State A secular state is neither religious nor irreligious, or anti-religious.Rather it is quite neutral in matters of pietism. India being a land of many religions, the founding fathers of the Constitution thought it proper to make it a secular state. India is a secular state, because it makes no discrimination between individuals on the basis of religion. Neither it encourages nor discourages any religion. On the contrary, right to freedom of religion is ensured in the Constitution and people belonging to any religious group have the right to profess, practice or propagate any religion they like. 0) An Independent Judiciary The judiciary occupies an important place in our Constitution and it is also made independent of the legislature and the executive. The Supreme Court of India stands at the apex of single integrated judicial system. It acts as shielder of f undamental rights of Indian citizens and guardian of the Constitution. If any law passed by the legislature or action taken by the executive contravenes the provisions of the Constitution, they can be declare as null and void by the Supreme Court.Thus, it has the power of judicial review. hardly judicial review in India constitutes a middle path between the American judicial mastery in one hand and British Parliamentary supremacy in the other. 11) Single Citizenship The Constitution of India recognises only single citizenship. In the United States, there is provision of dual citizenship. In India, we are citizens of India only, not of the respective states to which we belong. This provision would help in promoting unity and integrity of the nation.