FEATURES OF INDIAN CONSTITUTION

FEATURES OF INDIAN CONSTITUTION

FEATURES OF INDIAN CONSTITUTION



                     Though several ideas are borrowed from different constitutions of the world,but the constitution of India has several silent features that distinguish it from the constitutions of other countries. 


On account of several amendments, particularly 7th, 42nd, 44th, 73rd, 74th, and 97th amendments ,a number of original features of the Indian constitution have undergone a substantial change.In fact, the 42nd Amendment Act of 1976 is known as 'Mini Constitution' due to the changes made by it in various parts of the constitution.



Salient Features of the Constitution:


1) Lengthiest Written Constitution: The Constitution of India is the lengthiest of all the written constitutions of the world.Originally, it contained a Preamble, 395 Articles ( divided into 22 Parts) and 8 schedules.Now, the constitution has 465 Articles 9 divided into 25 parts) and 12 schedules.


2) Drawn from various constitutions: The constitution of India has borrowed different ideas from the different constitutions of the world as well as the Government of India Act of 1935.


3) Blend of Rigidity and Flexibility: The Constitution of India is neither rigid nor flexible but a synthesis of both. Article 368 provides for two types of amendments:
a) Some provisions can be amended by a special majority of the Parliament.

b) Some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states.


 4) Federal System  with unitary bias : The constitution of India constituted some federal features ; viz , two government, division of powers ,written constitution, supremacy of constitution, independent judiciary and bicameralism etc.
But , Article 1 of the Constitution describes India as a Union of States . It implies:
a) Indian Federation is not the result of an agreement by the states ;and

b) no state has the right to secede from the federation.


5.Fundamental Rights: Part III of Indian constitution guarantees six fundamental rights. They are:
a) Right to Equality ( Articles 14-18)
b)  Right to Freedom (Articles 19-22) 
c) Right against Exploitation ( Articles 23-24) 
d) Right to Freedom of Religion( Articles 25-28)
e) Cultural and Educational Rights ( Articles 29-30), and

f) Right to Constitutional Remedies ( Article 32).


6. Integrated and Independent Judiciary: Integrated and Independent Judiciary is an important feature of Indian Constitution. The Supreme Court is a federal court. It is the guarantor of the fundamental rights of the citizens and the guardian of the constitution.    


7. Directive Principles of State Policy: Directive Principles of state policy are listed in Part IV of the constitution.They are borrowed from the Irish constitution. They can be classified into three broad categories - socialistic, Gandhian and liberal - intellectual.

       Dr. B.R. Ambedkar described them as 'noble features' of the Indian Constitution.

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