Salient Features of the Constitution [Polity for UPSC]

 


SALIENT FEATURES OF THE CONSTITUTION


1. Lengthiest Written Constitution


Factors responsible for the length of the Constitution

-> Borrowed from several sources 

-> Geographical factors

-> Historical factors(inlfuence of GOI 1935)

-> Single Constitution for both Centre and State

-> Dominance of lawyers in Constituent Assembly




2. Blend of Rigidity and Flexibility

-> Rigid consitution is one that requires a special procedure for its amendment(American Constituion)

-> Flexible constitution is one that can be amended in the same manner as ordinary law are made(British Constitution) 

-> There is a harmonious blend of rigidity and flexibility in Indian Constitution




3. A Democratic Republic


-> It means that sovereignty rests with the people of India. They govern themselves through their representative(President, head of the state), elected on the basis of universal adult franchise.

-> Parliamentary Sovereignty makes Parliament the supreme legal authority, which can create or end any law

-> In India, the principle of supremacy of the Constitution has been adopted as against the principle of supremacy of Parliament in UK




4. Federal System with Unitary Bias


-> Unitary features : strong centre, flexible constitution, single citizenship, integrated judiciary and many more

-> Federal features : two govt., division of power, constituion's rigidity and supermacy, independent judiciary, written constituion and bicameralism




5. Parliamentary Form of Government


-> In this system, the executive is responsible to the legislature, and remains in power only as long as it enjoys the confidence of the legislature

-> India has adopted the Westminster system, a democratic parliamentary system of government modeled after the system followed in the United Kingdom




6. Independent, Impartial and Integrated 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 a single integrated judicial system




7. Fundamental Rights 




8. Directive Principles of State Policy




9. Fundamental Duties




10. Co-operative Societies




11. Separation of Powers




12. Universal Adult Franchise




13. Single Citizenship




14. Emergency Powers




15. Independent Bodies


-> Independent Bodies are envisaged by the Constitution as the bulwarks of the democratic system of Government in India.

-> Eg - UPSC, CAG, Election Commission ect




16. Three Tiers of Government


-> 73rd Amendment Act,1992 - Panchayat - Part IX - Schedule 11

-> 74th Amendment Act,1992 - Municipalities - Part IX-A - Schedule 12




17. Secular State


-> A secular state is neither religious nor irreligious, or anti-religious. Rather it is neutral in matters of religion.

-> India is a secular state, because it makes no discrimination between individuals on the basis of religion





18. Synthesis of Parliamentary Sovereignty and Judicial Supremacy




19. Drawn From Various Sources





__________________________






CRITICISM OF THE CONSTITUTION


1. Borrowed Constitution

2. Carbon Copy of the 1935 Act

3. Un-Indian or Anti-Indian

4. An Un-Gandhian Constitution

5. Elephantine Size

6. Paradise of the Lawyers





_________________________






SOURCES OF CONSTITUTION



1. From Government of India Act of 1935

• Federal Scheme

• Office of governor

• Judiciary

• Public Service Commissions

• Emergency provisions 

• Administrative details




2. From U.K.

• Nominal Head – President (like Queen)

• Cabinet System of Ministers

• Post of PM

• Single Citizenship

• Parliamentary Type of Government

• Bicameral Parliament

• Lower House more powerful

• Council of Ministers responsible to Lower House

• Power of Lok Sabha Speaker

• Prerogative writs

• Parliamentary privileges




3. From U.S.A.

• Written Constitution

• Executive head of state known as President and his being the Supreme Commander of the Armed Forces

• Vice- President as the ex-officio Chairman of Rajya Sabha

• Fundamental Rights

• Supreme Court

• Provision of States

• Independence of judiciary and judicial review

• Preamble

• Removal of Supreme court and High court Judges




4. From USSR

• Fundamental Duties

• The ideal of justice (social, economic and political) in the Preamble




5. From AUSTRALIA

• Concurrent list

• Language of the preamble

• Provision regarding trade, commerce and intercourse

• The joint sitting of the two Houses of Parliament




6. From JAPAN

• Law on which the Supreme Court function

• Procedure Established by Law




7. From Weimar Constitution Of GERMANY

• Suspension of Fundamental Rights during the emergency




8. From CANADA

• Scheme of federation with a strong centre

• Distribution of powers between centre and the states and placing. 

• Residuary powers with the centre




9. From IRELAND

• Concept of Directive Principles of States Policy (Ireland borrowed it from SPAIN)

• Method of election of President

• Nomination of members in the Rajya Sabha by the President




10. From SOUTH AFRICA

• Procedure of amendment with a two-thirds majority in Parliament

• Election of members of Rajya Sabha




















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