Question

notes on basic feature of the Indian constitution

Answer 1

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A Written Constitution: A written constitution is framed at a given time and comes into force on a fixed date as a document. Our constitution was framed in 2 years, 11 months and 18 days, it was adopted on 26th November, 1949 and enforced on January 26, 1950.Rigid and Flexibile: The Indian Constitution is a unique example of combination of rigidity and flexibility.A constitution is called rigid or flexible on the basis of its amending procedure. In a rigid constitution, amendment of the constitution is not easy like the constitutions of USA, Switzerland and Australia are rigid constitutions. Whereas, the British Constitution is considered flexible because its amendment procedure is easy and simple. The Constitution of India has three categories of amendments ranging from simple to most difficult procedure depending on the nature of the amendment.Federal Polity: India has a federal structure. In a federation there are two distinct levels of governments. There is one government for the whole country which is called the Union or Central Government and there is a government for each Unit or State.The USA is a federation whereas the UK(Britain) has a unitary form of government where there is only one government for the whole country and the power is centralised.The Constitution of India does not use the term ‘federal state’ but calls India a ‘Union of States’. There is a proper distribution of powers between the Union/Central Government and the State Governments in form of Union List, State List and the Concurrent List.Quasi Federal: It means a federal set up where despite having two clear sets of government – central and the states, more powers are given to the Central Government, supremacy of the judiciary is an essential feature of a federation so that the constitution could be interpreted impartially.Parliamentary Democracy: India has a parliamentary form of democracy.This has been adopted from the British system. In a parliamentary democracy there is a close relationship between the legislature and the executive. The Cabinet is selected from among the members of legislature. The cabinet is responsible to the latter. In this form of democracy, the Head of the State is nominal so in India, the President is the Head of the State. Constitutionally the President has numerous powers but in practice the Council of Ministers headed by the PM, exercises these powers. The President has to act on the advice of the Prime Minister and the Council of Ministers.Fundamental Rights and Fundamental Duties:  The Constitution of India guarantees Fundamental rights. The Constitution provides for six Fundamental Rights which are justiciable and hence are protected by the judiciary. Fundamental Duties were added to our Constitution by the 42nd Amendment. It lays down a list of ten Fundamental Duties for all citizens of India. While the rights are given as guarantees to the people, the duties are obligations which every citizen is expected to perform.


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Answer 2

The basic structure doctrine is an Indian judicial principle that the constituition of india has certain basic features that cannot be altered or destroyed through amendments by the parliament .