what are the key features of indian constitution
Answers
Answer:
key features of indian constitution
- The lengthiest Constitution in the world. ...
- Parliamentary form of Government. ...
- Unique blend of rigidity and flexibility. ...
- Fundamental Rights. ...
- Directive Principles of State policy (DPSP) ...
- A federation with strong centralising tendency. ...
- Adult Suffrage. ...
- An Independent Judiciary.
Explanation:
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Answer:
3. Federal System with Unitary Features
Federal System with Unitar The Indian Constitution includes all the federal characteristics of governance such as dual government system (center and state),division of powers between the three state organs (executive, judiciary and legislature), constitutional supremacy, independent judiciary and bicameralism (lower and upper house).
Nevertheless, the Indian Constitution is unique in that it includes many unitary features such as a strong centre, all India services common to the center and the states, emergency provisions that can transform the Constitution into a unitary one if necessary, appointment of governors by the president on the advice of the center, etc.
Indeed, Article 1 clearly states that India is a ' Union of States ' rather than a federation of States. In India, the states did not come together to form the centre (or Union) like in the case of the USA which is the purest form of a federation. Rather, for administrative convenience, it is the center that created the states. Article 3 of the Indian Constitution makes Parliament the sole authority to create new states clearly indicating that the Indian Constitution is of a unitary nature with certain federal characteristics.
4. Parliamentary Form of Government
On the pattern of the British parliamentary system of government, the Indian Constitution has opted for the parliamentary form of government. The key characteristics of the parliamentary form of government are:
1. Executive are members of the legislature
2. Collective responsibility to the legislature of the Council of Ministers
3. Rule of the majority party
4. Prime Minister's or chief minister's leadership in the state
5. Lower house dissolution (Lok Sabha and state assemblies)
6. Government form of the Cabinet
5. Balance between the Sovereignty of Parliament and Judicial Supremacy
A fine balance has been struck between parliamentary sovereignty and judicial supremacy by the Indian Constitution. The Supreme Court is vacuumed by Articles 13, 32 and 136 with the power of judicial review. By its power of judicial review, it can strike down any parliamentary law as unconstitutional.
On the other hand, the Parliament, being the representative of the people's will, has the authority to make laws, and it can also amend the major part of the Constitution through its video vested powers under Article 368.
6. Independent and Integrated Judicial System
In India, unlike the United States where there is a two-tiered judiciary, a single judicial system prevails with the Supreme Court at the top, the State and District High Courts and other subordinate courts below and subject to the supervision of the High Courts.
It is the duty of all levels of courts in India to enforce both central and state laws unlike in the US, where federal courts adjudicate on federal matters and state courts on state matters.
Not only is the judiciary system well fully integrated in India, but because of the following provisions it is also independent
1. Appointment of judges of Supreme Court and High Courts by collegium system
2. Removal of judges in Parliament through an impeachment procedure that is very difficult to pass
3. Supreme Court judges salaries, pensions, and allowances are charged to India's Consolidated Fund
4. Power to punish for self – disregard
5. Ban on judges practice after retirement…etc
7. Directive Principles of State Policy
In Part IV of the Constitution, the Directive Principles of State Policies (DPSPs) aims to make India a welfare state. Therefore, Dr. B.R. Ambedkar calls the Directive Principles as the Indian Constitution's novel feature. The Principles of the Directive are inherently unjustifiable, that is, they are not enforceable for their violation by the courts.
Their usefulness, however, lies in their moral obligation to apply these principles to the state in making laws. As such, the principles of the directive are fundamental to the country's governance.
8. Combination of rigidity and flexibility
The Indian Constitution strikes a fine balance between rigidity and flexibility when it comes to ease of modification. Article 368 lays down two types of modifications:
1. Some provisions may be amended by a special parliamentary majority, i.e. a 2/3rd majority of the members of each House present and vote and majority (i.e. more than 50 %) of each House's total membership.
2. Some other provisions can be amended by a special parliamentary majority and with half of the total states ratifying them.
This ensures that with the widest possible majority, the Constitution is amended.
Hope this helps u :)