SALIENT FEATURES OF CONSTITUTION ( Blend of Rigidity and Flexibility…
SALIENT FEATURES OF CONSTITUTION
Lengthiest Written Constitution
Constitutions are of two types
Written, like the American Constitution
Unwritten, like the British Constitution. or Newzealand
THIS MEAN BRITAIN HAVE NO CONS.?
vastness of the country and its diversity.
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
Office of governor,
Judiciary,(FC TO SC)
Public Service Commissions,
and administrative details.
Rule of Law,
, parliamentary privileges
Fundamental rights, (BILL OF RIGHTS)
independence of judiciary,
impeachment of the president,
removal of Supreme Court and high court judges
and post of vicepresident.(AS CHAIRMAN OF UPPER HOUSE)
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
nomination of members to Rajya Sabha
and method of election of
freedom of trade, commerce
joint sitting of the two Houses of Parliament.
Weimar CONS. OF GERMANY
2 more items...
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
IS BASIC STRUCTURE DOCTRINE
PARLIAMENT BY 42ND AMENDMENT HAS MADE SO MAY CHANGES THAT IS TERMED AS
WHAT AND HOW
IS AMENDABILITY OF CONS
Blend of Rigidity and Flexibility
American Constitution.(Special procedure 3/4 majority)
the British Constitution
neither rigid nor flexible but a synthesis of
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
Federal System with Unitary Bias
Features of a federation,
division of powers,
supermacy of Constitution
rigidity of Constitution
INDIAN POLITY (Non federal features)
flexibility of Constitution
appointment of state governor by the Centre
THAT'S WHY INDIA IS
FEDERAL IN FORM BUT UNITARY IN SPIRIT
Article 1, on the other hand, describes India as a ‘Union of
DOES UNION OF INDIA IMPLIES
no state has the right to secede from the federation.
Indian Federation is not
coming together federation