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SALIENT FEATURES OF CONSTITUTION (Blend of Rigidity and Flexibility (rigid…
SALIENT FEATURES OF CONSTITUTION
Lengthiest Written Constitution
Constitutions are of two types
Written, like the American Constitution
Unwritten, like the British Constitution. or Newzealand
DOES
THIS MEAN BRITAIN HAVE NO CONS.?
WHY
LENGTHIST
Geographical factors
vastness of the country and its diversity.
2.Historical factors,
the influence of the Government of India Act of 1935,: SKELETON
3.Single Constitution for both the Centre and the states
except Jammu and Kashmir
4.Constituent Assembly was dominated by lawyers and politicians
Drawn From Various Sources
Sources Features Borrowed
Government of India Act OF 1935
Federal Scheme,
Office of governor,
Judiciary,(FC TO SC)
Public Service Commissions,
Emergency provisions
and administrative details.
British
Parliamentary government,
Rule of Law,
legislative procedure,
single citizenship,
cabinet system,
prerogative writs
, parliamentary privileges
and bicameralism.
US
Fundamental rights, (BILL OF RIGHTS)
independence of judiciary,
judicial review,
impeachment of the president,
removal of Supreme Court and high court judges
and post of vicepresident.(AS CHAIRMAN OF UPPER HOUSE)
Canadian
Federation with a strong Centre(HOW)
vesting of residuary powers in the Centre,
appointment of state governors by the Centre,
advisory jurisdiction of the Supreme COURT
Irish
DPSP
nomination of members to Rajya Sabha
and method of election of
Australian
Concurrent List,
freedom of trade, commerce
joint sitting of the two Houses of Parliament.
Weimar CONS. OF GERMANY
2 more items...
INTRODUCTION
ORIGNALLY contained a Preamble, 395 Articles IN 22 PARTS and 8 Schedules
BUT TODAY AFTER 101 AMENDMENTS IN CONS. CONS. HAS 448 ARTICLES IN 25 PARTS AND 12 SCHEDULES
SCOPE OF AMENDMENT U/A 368:
KESAVANANDA BHARTI CASE JUDGEMENT 1973: ANYTHING IN THE CONS. PROVIDED "
BASIC STRUCTURE DOCTRINE
" IS NOT VOILATED
WHAT
IS BASIC STRUCTURE DOCTRINE
PARLIAMENT BY 42ND AMENDMENT HAS MADE SO MAY CHANGES THAT IS TERMED AS
MINI CONSTITUTION
WHAT AND HOW
IS AMENDABILITY OF CONS
Blend of Rigidity and Flexibility
rigid
American Constitution.(Special procedure 3/4 majority)
flexible
the British Constitution
INDIAN CONS.
neither rigid nor flexible but a synthesis of
both
AMENDMENT PROCEDURE
U/A 368 Special majority
Some other provisions (FEDERAL PROVISIONS) can be amended by a special majority of theParliament and with the ratification by half of the total states.
A two-third majority of the members of each House present and voting, and a majority (that is, more than 50 per cent), of the total membership of each House.
AMENDMENT BY SIMPLE MAJORITY
a simple majority of the Parliament in the manner of ordinary legislative process these don't come u/a 368
WHY SO?
Federal System with Unitary Bias
Features of a federation,
Two government,
division of powers,
written Constitution
supermacy of Constitution
rigidity of Constitution
independent judiciary
bicameralism
INDIAN POLITY (Non federal features)
single Constitution
Strong Centre
single citizenship
flexibility of Constitution
integrated judiciary
appointment of state governor by the Centre
all-India services
emergency provisions
THAT'S WHY INDIA IS
QUASI FEDERAL:
FEDERAL IN FORM BUT UNITARY IN SPIRIT
Article 1, on the other hand, describes India as a ‘Union of
States
WHAT
DOES UNION OF INDIA IMPLIES
no state has the right to secede from the federation.
Indian Federation is not
coming together federation