Indian Constitution

The governance of India has some distinct and crotchety features as comp atomic number 18d to former(a) pennings to the world. As Dr. B. R. Ambedkar, the prexy of the Drafting Committee puts it, the framers had tried to roll and accommodate the best features of opposite constitutions, memory in view the peculiar problems and c some(prenominal) for of our unsophisticated. The following atomic number 18 the salient features of the temperament of India. 1. Longest indite constitution Indian organisation chamberpot be c totallyed the largest create verbally constitution in the world because of its contents.In its first form, it consisted of 395 obligates and 8 Schedules to which additions have been made through subsequent amendments. At present it contains 395 expressions and 12 Schedules, and more than 80 amendments. There argon various factors trustworthy for the long coat of the constitution. One major factors was that the framers of the constitution borrowed alimentation form several sources and several other constitutions of the world. They have followed and reproduced the administration of India Act 1935 in providing matters of administrative detail.Secondly, it was necessary to off supply for peculiar problems of India like scheduled castes, plan Tribes and back hospital ward regions. Thirdly, trainings were made for magnify meaning- defer relations in all aspects of their administrative and other activities. Fourthly, the size of the constitution became bulky, as provisions regarding the enounce administration were excessively included. Further, a detail list of various(pre nominated) regenerates, directive principles of state policy and the elaborate of administration procedure were laid shoot down to ground the opus clear and explicit for the ordinary citizen.Thus, the temper of India became an exhaustive and drawn-out whizz. (2) Partly Rigid and Partly pliant The paper of India is neither purely located no r purely flexible. There is a harmonized blend of rigidity and flexibility. Some move of the Constitution can be amend by the ordinary law-making process by parliament. Certain provisions can be amended, only when a Bill for that endeavor is passed in each bear of Parliament by a majority of the sum total social rank of that house and. by a majority of non less than two-third of the members of that house present and voting.Then at that place are current other provisions which can be amended by the second order described above and are canonic by the legislative bodys of not less than one-half of the states before organism presented to the chairwoman for his assent. It m experiencediness also be noted that the wildness to initiate bills for amendment lies in Parliament alone, and not in the state law-makerss. Pundit Nehru verbalised in the Constituent Assembly, While we inadequacy the Constitution to be as unattackable and permanent as we can ease up it, there is n o permanence in Constitution. There should be certain flexibility.If you make all(prenominal)thing rigid and permanent, you stop the nations growth, the growth of a living, vital total throng. 3) A Democratic Re humankind India is a democratic republic. It means that sovereignty rests with the plurality of India. They govern themselves through their representatives elected on the basis of universal adult franchise. The President of India, the highest official of the state is elected for a fixed term. Although, India is a sovereign republic, moreover it continues to be a member of the farming of Nations with the British Monarch as its doubtfulness.Her membership of the Commonwealth does not compromise her military post as a sovereign republic. The tribe is an association of open and independent nations. The British Monarch is only a emblematic head of that association. 4) parliamentary System of Government India has adopted the parliamentary system as found in Britain. I n this system, the executive director is responsible to the legislature, and remains in king only as long and it enjoys the authorization of the legislature. The president of India, who remains in persona for five years is the nominal, itular or original head. The coupling Council of Ministers with the Prime Minister as its head is drawn from the legislature. It is collectively responsible to the House of People (Lok Sabha), and has to resign as soon as it loses the confidence of that house. The President, the nominal executive shall exercise his powers according to the advice of the coalescency Council of Ministers, the real executive. In the states also, the political science is Parliamentary in nature. 5) A Federation Article 1 of the Constitution of India learns India, that is Bharat shall be a merger of call forths. though the word Federation is not used, the government is federal official. A state is federal when (a) there are two sets of governments and there is di stribution of powers surrounded by the two, (b) there is a written constitution, which is the supreme law of the bring and (c) there is an independent bench to generate the constitution and settle disputes between the centre and the states. All these features are present in India. There are two sets of government, one at the centre, the other at state level and the distribution of powers between them is quite detailed in our Constitution.The Constitution of India is written and the supreme law of the land. At the vertex of single integrated discriminative system, stands the autocratic courtroom which is independent from the control of the executive and the legislature. But in spite of all these essential features of a federation, Indian Constitution has an unmistakable one(a) tendency. While other federations like U. S. A. provide for dual citizenship, the India Constitution provides for single citizenship. There is also a single integrated judiciary for the on the whole st ate of matter.The provision of All India Services, like the Indian Administrative Service, the India Police Service, and Indian afforest Service prove another unitary feature. Members of these services are recruited by the Federal Public Service Commission on an All-India basis. Because these services are controlled by sum total Government, to some extent this constitutes a reserve on the autonomy of states. A substantive unitary feature is the Emergency provisions in the Indian constitution. During the time of emergency, the Union Government becomes most powerful and the Union Parliament acquires the power of making laws for the states.The governor placed as the constitutional head of the state, acts as the agent of the centre and is think to shelter the interests of the centre. These provisions reveal the alter tendency of our federation. Prof K. C. Wheare has obligationly remarked that Indian Constitution provides, a system of government which is quasi-federal, a unitar y state with the subordinate word unitary features. The framers of the constitution expressed understandably that there exists the harmony of federalism and the unitarism. Dr.Ambedkar said, The political system adopted in the Constitution could be both(prenominal) unitary as well as federal according to the exigency of time and circumstances. We can say that India has a Cooperative federalism with central guidance and state compliance. 6) Fundamental sets A state is cognise by the rights it maintains, remarked Prof. H. J. Laski. The constitution of India affirms the grassroots principle that every individual is authorize to enjoy certain basic rights and factoritioning III of the Constitution deals with those rights which are k instantaneouslyn as important rights.Originally there were cardinal categories of rights, but now they are sixsome in number. They are (i) flop to equality, (ii) Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of Relig ion, v) ethnical and Educational rights and vi) Right to constitutional remedies. Right to property (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 providediciable and the individual can move the high judiciary, that is the Supreme Court or the broad(prenominal) Courts, if there is an encroachment on any of these rights.The right to move to the Supreme Court straight 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 severalise form _or_ system of government 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 impleme nt them for establishing social and economic body politic in the country.It embodies important principles like fitted means to livelihood, equal pay for both men and women, distribution of wealth so as to subserve the common good, free and compulsory primary education, right to work, public assistance in case of old age, unemployment, sickness and disablement, the organisation of village Panchayats, modified care to the economically back ward sections of the people etc. Most of these principles could jock 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 continue by the Constitution and respect its ideals and institutions, the topic Flag and the National Anthem ii) To hold dear and follow the nobl e ideals, which inspired our field struggle for freedom iii) To uphold and nourish the sovereignty, unity and single of India iv) To defend the country and render national service when called upon to do o v) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities, to overturn practices derogatory to the dignity of woman vi) to look on and preserve the rich heritage of our conglomerate culture vii) to protect and improve the instinctive environments including forests, lakes, rivers and wild life and to have shame for living creatures viii) to develop scientific temper, blasphemous humanism and the spirit of inquiry and reform x) to safeguard public property and to abjure violence x) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of campaign and achievement. The purpose of incorporating these duties in the Constitution is just to remind the people that while enjoying their right as citizens, should also perform their duties for rights and duties are correlative. 9) Secular State A blasphemous state is neither religious nor irreligious, or anti-religious.Rather it is quite neutral in matters of religion. India being a land of many religions, the mental hospital 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 efflorescence of single integrated judicial system. It acts as protector of fundamental 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 declared as null and avert by the Supreme Court.Thus, it has the power of judicial review. But judicial review in India constitutes a middle path between the American judicial supremacy in one hand and British Parliamentary supremacy in the other. 11) Single Citizenship The Constitution of India recognises only single citizenship. In the join 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.