Constitution of India And Love Have Such Things In Common
Hello, everyone, I hope you all well and today I am going to share with you the topic on Constitution of India and Its Salient Features. So, I hope this article will help you to know about Indian Constitution. So, let’s start it.
A constitution is a set of fundamental principles. It determines the powers and position of the Government of that respective Country. It also describes the rights of the governed and relation between the two. The fundamental law of this Country enshrined in the constitution of INDIA, an instrument with which an eminent assemblage of people’s representatives sought to regulate the whole system of Administration in the Country.
BACKGROUND OF MAKING INDIAN CONSTITUTION:-
The constituent assembly of India came into existence in the month of November 1946. The Indian Independence act gave sovereign status to the constituent assembly in law as well as in fact. It conferred upon the role of Independent Indian’s provisional parliament. DR. Rajendra Prasad elected as the President of the assembly. The assembly appointed a Drafting Committee to prepare the Constitution under the Chairmanship of DR. B.R. Ambedkar.
One of the most outstanding features of the Indian Constitution is that it is the mixture of several Constitutions which makes it a lengthy and detailed in the World. So, the Parliamentary system and Rule Of law has adopted from England. DPSP (Directive Principles of State Policy) adopted from Ireland. Fundamental Rights and The idea of Preamble came from US Constitution. Federation of Union and State came from the constitution of Canada. The concurrent list came from Australia. Amendment of the Constitution came from South Africa. And the Fundamental Duties adopted from the constitution of east while USSR.
Like other democratic Constitutions, The constitution of India beginning with its preamble, which is the main objective of the Indian Constitutions. So, the Preamble is not a part of the Constitution and it is not justifiable. If is there suspicion on the matter of judiciary about any singular provisions of the Indian constitution. So, it refers to the Preamble to find out the real intentions of the Constitution.
According to the Preamble, people of India resolved to make India Sovereign. Hence India enjoys supreme power within its territories and is not subject to the authority or control of any outside authority. Membership of the Commonwealth does not in any way undermine impair or compromise its sovereignty.42nd Amendment of the Constitution Act 1976 inserted word “Socialist” as the goal of Indian Polity.” Secular” character of India was further reinforced by the 42nd Amendment Act, 1976. So, the provisions of Article 25-30 clearly bring out the different aspects of religious freedom and liberalism. Democratic society envisages a society in which dignity of the individual is assured. And the ultimate sovereignty rests with people themselves who choose their representatives in Parliament.
SALIENT FEATURES OF THE CONSTITUTION OF INDIA:-
A. Written Constitution:-
The Constitution of India not only a written one but also one of the lengthiest Constitution of the World. The main reason for the bulkiness of the Constitution of India is that the framers not only incorporated the basic principles of Governance but also made elaborate provision for dealing with various administrative problems with a view to preventing unnecessary wrangling.
At the time of the enactment of the Constitution, there are various types of Administrative units in India viz. British providences, Indian states, centrally administer areas under chief commissioners. So, it was not possible to provide an identical structure for all this unites. The provision of different types of administration necessitated the incorporation of detailed provisions with regard to each. Unlike other federal Countries, the states in India do not possess an independent Constitution.
B. Combination of Rigidity and Flexibility:-
The procedure for the amendment of the Constitution is neither too rigid nor too flexible. There are three different methods for the amendment of various provisions of the constitution. Some provisions can amend by the parliament by a simple majority, such as the creation of the new states, creation or abolition of an upper house in the state etc.
Certain provisions can amend by the parliament by a 2/3rd majority of the members present and voting, but this must also form a majority of the total membership of each House.
There are certain provisions of the Constitution which can be the amendment by a 2/3rd majority of the members of the Parliament but also need ratification by the legislature of the majority of the states.
Thus, while some of its provisions can amend as easily as in Great Britain, in case of others, the procedure is quite difficult. The Indian Constitution is less flexible than the British Constitution and less rigid than US Constitution.
C. Parliamentary System:-
Constitution of India Provides for a Parliamentary system of government both at the center as well as in the States. The President of India, like the Queen of England, is a constitutional ruler and the real executive authority is exercised by the Council of Ministers headed by the Prime Minister. The members of the Council of Ministers. Who wield real executive authority, are taken from the parliament. And remain in office as long as they enjoy the confidence of the Loksabha.
D. Federal and Unitary Features:-
The constitution provides for a federal government, though the term of ‘federation’ is now used in the Constitution. Article1 narrates India, as the “Union of States”. Instead, it describes India as ‘Union States’.
Several provisions can be tinkered by a special majority of the parliament, i.e a two-thirds majority of each House who is present & voting. On the other hand, a majority of overall members of both the houses. Some other provisions can amend by a special majority of the parliament. which implies two things- First one is- the Indian federation is not the result of an agreement among the units. Secondly- the federating units have no independent existence and even their names. And territories can modify by the Parliament without their consent.
The federal features of the Indian Constitution include a written constitution, supremacy of the constitution, special position of the judiciary, distribution of powers between center and states, bicameral Parliament.
The nonfederal features of the Indian Constitution include a strong center, flexibility of Constitution, single constitutional frame for the union and states, common all India services, the appointment of governors by the President, single judiciary etc. The presence of these nonfederal features has made the Indian Constitution federal in forms but unitary in spirit.
E. Fundamental Rights:-
Like some other Democratic Constitutions of the World, the Constitution of India contains a chapter on Fundamental Rights. So, these rights are contained in Article- 14 to 35 and have been grouped into six categories.
- Right to Equality (Article-14 to 18)
- Right to Freedom (Article- 19 to 22)
- Cultural and Educational Right (Article-29 to 30)
- Right to freedom of Religion (Article-25 to 28)
- Right against Exploitation (Article-23 to 24)
- And right to Constitutional Remedies (Article-32 to 35)
However, Right to Property was omitted from the list of fundamental rights by the 44th Amendment Act 1978. So, it is made a legal right under Article 300A in part- Xll of the Indian Constitution.
F. Directive Principles of State Policy:-
This principle contains in part lV of the Indian Constitution, are a sort of directive to the government to keep the welfare of the people in mind while formulating its policies. They aim at providing the social and economic bases to the democracy. So, these principles are not justifiable and no action can take against the state if it fails to implement them.
G. Independent Judiciary:-
The Judiciary has made independent with a view to protecting the individual against arbitrary rule. The Supreme Court, which stands at the apex of the judiciary. And made free of all political influences and acts as the true guardian of the Constitution of India.
So, it ensures that the various organs of the government operate within the limits prescribed by the constitution. Any violation of these limits can declare as ultra vires by the Court.