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SALIENT FEATURES OF INDIAN CONSTITUTION
(i) Bulkiest Constitution of the World
Indian Constitution is the one of longest constitutions on the planet. Initially, it contained 395 Articles, 22 Parts, and 8 Schedules. After date changes, there are more than 447 Articles, 24 Parts, and 12 Schedules.
(ii) Combination of Rigidity and Flexibility
The Indian Constitution is a mix of inflexibility and flexibility. While some provisions of the Constitution can be altered by the Parliament by a basic lion's share, others require a two-third dominant part of the individuals from the parliament as well as ratification of not less than one-half of the state lawmaking bodies (Article 368). Once more, a few arrangements of the Constitution can be altered by the parliament alone by a two-third majority.
(iii) Parliamentary System of Government
The Constitution accommodates a parliamentary arrangement of government under which the genuine chief force rests with the Council of Ministers and the President is just an ostensible head. The Council of Ministers stay in office as long as they enjoy the confidence of the Parliament. The designers of the Constitution chose to embrace a parliamentary arrangement of government for a few reasons. Initially, the framework was at that point in presence in India and individuals were all around familiar with its working. Besides, the huge size of the country and the variety of its way of life required the appropriation of a parliamentary type of government. Thirdly, the the desire to avoid conflicts between the Executive and the Legislature, which was a typical highlight in America, additionally incited the individuals from the Constituent Assembly to decide on a parliamentary system.
(iv) Federal System with a Unitary Bias
The Indian Constitution furnishes a league with a solid place. It is critical that the Constitution has not utilized the word 'league', anyplace, and has depicted India as an 'Association of States' which suggests that the Indian organization isn't the aftereffect of any arrangement among the units and the units can't withdraw from it. India has the majority of the government includes yet in addition a few of the unitary highlights. The Indian government structure secures a unitary character during a crisis when the ordinary conveyance of forces between the middle and the states goes through imperative changes.
Subsequently, it is said by KC where that India has a semi-government setup. Morris Jones called it Bargaining Federalism and Granville Austine called it Cooperative Federalism.
•India is a particular organization with the following attributes:
- ▪Division of force.
- ▪Bicameral assembly.
- ▪Supremacy of the constitution.
- ▪Written constitution.
- ▪Independency of Judiciary.
•Constitution has a unitary inclination with
- ▪the Appointment of Governors by the middle.
- ▪Parliament's ability to enact in the public interest.
- ▪Parliament's ability to frame new states, change their names, and modify the limits of existing states.
- ▪Emergency arrangements.
- ▪Single constitution.
- ▪Single citizenship.
- ▪Integrated legal executive.
- ▪Comptroller and Auditor General.
(v) Fundamental Rights
The Constitution contains an intricate rundown of Fundamental Rights. The state can't make laws which remove or a bridge any of the fundamental rights of the citizens. If it does so, the courts can declare such a law as unconstitutional. It may be noted that the fundamental rights granted by the Constitution are not absolute and are subject to certain restrictions. In other words, the Constitution seeks to strike a balance between individual liberty and social interests.
vi) Fundamental Duties
The constitution additionally contains a rundown of 11 key obligations of the residents. While ten of these obligations were added to the Constitution by the Forty Second Amendment in 1976, the 11th obligation was added by the 86th Constitutional Amendment Act (2002). These obligations fill in as consistent suggestions to the residents that they need to notice certain essential standards of vote-based lead.
(vii) Directive Principles of State Policy
The Constitution diagrams certain Directive Principles of State Policy which the public authority needs to remember while forming any approach. These standards look to give a social and monetary premise to popular government and the foundation of a government assistance state. In contrast to the Fundamental Rights, the Directive Principles of State Policy are non justiciable, which suggests that no activity can be brought against the State under the watchful eye of a courtroom for its disappointment of executing the Directive Principles of States strategy.
(viii) Secular State
The Constitution makes India a common state. This implies that there is no state religion and the state is disengaged from strict doctrines. It likewise suggests that residents are allowed to maintain, rehearse and spread any religion. Be that as it may, the opportunity of religion isn't supreme and the equivalent can be controlled in light of a legitimate concern for people in general.
(ix) Independent and Integrated Judiciary
The Constitution gives an autonomous legal executive which guarantees that the public authority is carried on as per the arrangements of the Constitution. The legal executive goes about as the gatekeeper of the freedoms and key privileges of the residents. It likewise decides the restrictions of the forces of the middle and the states. The Constitution furnishes a solitary coordinated legal executive with the Supreme Court at the top. Beneath the Supreme Court, there are high Courts at the state level. Under the High Court, there are Subordinate courts.
(x) People as Source of Authority
The Constitution draws its position from individuals and has been declared for the sake of individuals. This is clear from the Preamble which states 'We, individuals of India... do thusly embrace, authorize and provide for ourselves this Constitution.'
(xi) Universal Adult Franchise
The Constitution presents widespread grown-up establishment and accords the option to cast a ballot to all residents over 18 years old without segregation. Nonetheless, it reserves spot of seats for Scheduled Castes and Scheduled Tribes to give them satisfactory portrayal. Sacred Framework and Citizenship abbreviate any of the major privileges of the residents. On the off chance that it does as such, the courts can pronounce such a law as unlawful. It very well might be noticed that the major rights conceded by the Constitution are not outright and are dependent upon specific limitations. All in all, the Constitution tries to find some kind of harmony between singular freedom and social interests.
(xii) Emergency Powers
The Constitution vests uncommon forces in the President during crises emerging out of outfitted defiance or outer animosity; crisis because of the breakdown of sacred hardware in the state; and monetary crisis when the credit of the nation is compromised. Indeed, during crisis the government Constitution can for all intents and purposes be changed over into a unitary Constitution.
(xiii) Single Citizenship
It gives single citizenship. All people living in various pieces of the nation are treated as Indian residents and are qualified for similar privileges of citizenship. There is no different citizenship of various states.
(xiv) Bicameral Legislature
It gives a bicameral council at the Center comprising of the Lok Sabha and the Rajya Sabha. The previous contains delegate of individuals, while the last contains agents of the states.
(xv) Special Provision of Minorities
The Consitution makes extraordinary arrangement for minorities, Scheduled Castes, Scheduled Tribes, and so on It not just saves seats for them in the Parliament and State lawmaking bodies, yet in addition awards them certain exceptional rights and advantages.
(xvi) Panchayati Raj
The Constitution gives sacred premise to Panchayati Raj foundations just as metropolitan nearby bodies. This was accomplished through the seventy-third and seventy-fourth changes to the Constitution completed in December 1992.
(xvii) Strike Balance between Constitutional Supremacy and Parliamentary Sovereignty
The Indian Constitution consolidates two apparently conflicting standards of matchless quality of Constitution, (as gets in USA), and Parliamentary sway (as gets in Britain). The Supreme Court through its force of legal survey can proclaim the laws passed by the Parliament as unlawful. Then again, the Parliament can revise significant bits of the Constitution.
(xviii) Basic Structure
Certain highlights of the Constitution are past the correcting forces of the Parliament. All laws and protected corrections which violate the fundamental design are obligated to be struck down. A portion of the significant highlights of the essential design incorporates; incomparability of the Constitution, conservative type of government, secularism, administrative character, power of the country, parliamentary vote based system, crucial rights, order standards, and so on In Kesavananda Bharati Vs State of Kerala case 1973, Supreme Court propounded the Doctrine of Basic Structure of the Constitution.
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