Salient features of the Indian Constitution
- 1. SALIENT FEATURES OF INDIAN CONSTITUTION Dr(Mrs) S.LALITHA Associate Professor of History V.V.V.College Virudhunagar.
- 3. INTRODUCTION Each Constitution has certain salient features, Some features are unique to some Constitution. The Indian Constitution is said to be the borrowed Constitution. It borrowed its features from England, America, Canada and Ireland.The Constitution of India was drafted by the Constituent Assembly headed by Dr.B.R. Ambedkar. Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. Passed by the Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950.
- 4. SALIENT FEATURES Written and Lengthy More Flexible than Rigid The Preamble Quasi Federation Parliamentary Form Fundamental Rights Directive Principles of State Policy
- 5. Fundamental Duties Independent and powerful Judiciary Bi-Cameral Parliament Provision for Emergency Method of Constitutional Amendment Independent Authorities Universal Adult Franchise
- 6. WRITTEN CONSTITUTION The written constitution is the one which you can get in the form of a book and can be read. There are 395 Articles, 12 schedules and it has been divided into 22 parts. and till date more than 104 amendments have been made into it. The Constitution, in its current form, consists of a preamble, 22 parts containing 448 articles, 12 schedules, 5 appendices and 108 amendments to date.
- 7. DETAILED CONSTITUTION The Indian Constitution is the longest and the most detailed in the world. Fundamental Rights from article 12-25 is included in chapter 3rd of the constitution. In chapter 4th from article 35-51 Directive principles of State Policy is also included . From article 350-360 the Emergency powers of the President have also been included in it. Center-states relations is given in chapter 11 and 12 of it.
- 8. PREAMBLE Constitution starts with preamble. The preamble has been accepted as the part of the constitution. It includes the objectives of the constitution such as to provides Liberty, Equality and Justice to the citizens, and to promote among them all fraternity, assuring the dignity of the individual and unity and integrity of the nation. It also states about the nature of the state which is Sovereign, Socialist, Secular, Democratic Republic.
- 9. Sovereign ,Socialist ,Secular,Democratic, Republic India has been declared a sovereign, secular, Democratic, Republic through the Preamble of the Constitution of India. Sovereign State –India is free to formulate its internal and foreign policy and free to maintain relations with any foreign state. Socialist State- The aim of the state is to establish socialist society which is free from exploitation of man by man and in which social economic and political justice is provided to all. Secular State- The state has no religion of its own, it does not discriminate against any religion by imposing restrictions upon it
- 10. 4. Democratic State -The preamble also declares India to be a democratic state in which the supreme power rests in the hands of the people. 5. Republic- The President of India is elected for a fixed term by the indirect vote of the people.
- 11. FUNDAMENTAL RIGHTS Fundamental rights have been included into the chapter 3rd of the constitution from Article- 12 to 35 Right to Equality Right to Freedom Right Against Exploitation Right to Religious Freedom Cultural and Educational rights Right to Constitution Remedies
- 12. PARLIAMENTARY FORM OF GOVERNMENT The Constituent Assembly decided to adopt Parliamentary form of government both for the center and the states. Distinction is made between nominal and real executive head. The Council of Ministers is responsible before the Lok Sabha, The lower house of union parliament. There are close relations between executive and legislature.
- 13. FUNDAMENTAL DUTIES When the Constitution came into force there were no Fundamental Rights. In 1976, these were included in the Indian Constitution by the 42nd Amendment. • The fundamental duties are: To abide by the Constitution, respect the National Flag and National Anthem. Protect the sovereignty, unity and integrety of India.
- 14. To defend the country and do National Service. To promote harmony and communal brotherhood. To value and preserve the rich heritage. To safeguard the public property. To protect and improve the natural environment.
- 15. RIGID AS WELL AS FLEXIBLE Indian constitution is neither rigid as the constitution of U.S.A nor flexible as the constitution of Great Britain. Under Article-368 of the constitution, 1. Some of the articles of the constitution can be amended by the union parliament by passing a resolution with 2/3rd majority of the members present and voting and absolute majority of the total members. 2. Some of the articles of the constitution can be amended by the Union Parliament by passing resolution with 2/3rd majority of the members present and voting and absolute majority of the total members and approval of ½ State Legislatures.
- 16. FEDERAL IN FORM , UNITARY IN SPIRIT Federal system has been adopted in India, but keeping in mind certain special situations, the centre is made more powerful or strong. Federal features : 1. Written Constitution 2. Rigid constitution 3. Supremacy of the constitution 4. Division of subjects 5. Independent judiciary etc.
- 17. UNIVERSAL ADULT FRANCHISE Article-326 provides for universal adult franchise and every citizen including both male and female who is 18 years of age is given the right to vote without making any discrimination on the basis of sex, caste, colour religion etc.
- 18. SECULAR STATE Every person has the right to practise, profess, propagate his/her religion according to his/her goodwill. But no individual is allowed to misuse his or her religious freedom.
- 19. BI-CAMERAL LEGISLATURE According to Article 168 for every state there shall be legislature which shall consist of Governor and legislative Council and legislative assembly.
- 20. POWERS OF THE PARLIAMENT Indian Parliament is non-sovereign. There are limitations on the powers of the Parliament- 1. It can pass laws on those subjects which have been entrusted to it by the constitution. 2. The bills passed by the Parliament need the approval of the President. 3. The supreme court can exercise the powers of judicial review over the laws passed by the parliament and can declare unconstitutional the laws which it considers are against the constitution.
- 21. SINGLE-INTEGRATED JUDICIAL SYSTEM The entire judicial system of India is organized into an hierarchical order. Supreme Court is at the top of judicial administration Below that there are high courts at the state level and there are district courts at the district level. All the courts of India are bound to accept the decisions of the supreme court.
- 22. 4. Difficult method has been adopted for the removal of the judges as they can be removed only through impeachment by the union parliament
- 23. POWER OF THE JUDICIAL REVIEW The judiciary in India is provided the power of judicial review through the constitution which means that all the laws passed by the parliament and State Legislatures, constitutional amendments, ordinances and executive orders issued by the executive are reviewed by the judiciary and in case judiciary finds that any one of these is against the constitution, the judiciary has the power to declare it unconstitutional.
- 24. SINGLE CITIZENSHIP There is provision of single citizenship in India. A person may be living in any state, but he is the citizen of India alone. The principle of single citizenship is adopted in India.
- 25. CONCLUSION The Constitution of India is an interesting document. It has proved to be a working Constitution as it has successfully withstood many challenges for the past 70 years of independence. Indian Judiciary is powerful and independent. It is the guardian of the Constitution and the rights of the people.