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SALIENT FEATURES OF CONSTITUTION - 2 (Fundamental Rights : 6 F.R IN PART…
SALIENT FEATURES OF CONSTITUTION - 2
Parliamentary Form OF GOVT.
Also called
Westminster model of government
,
responsible government
cabinet government
The features of parliamentary government
Presence of nominal and real executives;
DE JURE: PRESIDENT
DEFACTO: PM
Majority party rule,
Collective responsibility of the executive to the legislature,
Dissolution of the lower House (Lok Sabha or Assembly)
OVERLAP OF EXECUTIVE AND LEGISLATURE
DIFFRENCE B/W INDIAN AND BRITAIN MODEL
the Indian Parliament is not a sovereign body
WHY
NOT SOVERIGN
COMBINATION OF PRINCIPLE OF
Parliamentary Sovereignty
(UK)
Judicial Supremacy
(USA)
POWER OF
JUDICIAL REVIEW
WHAT
IS JUDICIAL REVIEW
MADISON VS MARBURY CASE 1803
INDIAN U/A 13
Indian State is REPUBLIC while the British State IS MONARCHY
Integrated and Independent Judiciary
INTEGRATED
The Supreme Court is a
federal court,
the highest court of appeal
,
the guarantor of the fundamental rights
the guardian of the Constitution.
INDEPENDENT
security of tenure of the judges
IMPEACHMENT PROCESS
all the expenses of the Supreme Court charged on the Consolidated Fund of India,
ART 122: prohibition on discussion on the conduct of judges in the legislatures
ban on practice after retirement, power to punish
Fundamental Rights : 6 F.R IN PART III OF CONS FOR
POLITICAL DEMOCARCY
(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 (Articles25–28),
(e) Cultural and Educational Rights (Articles 29–30), and
(f) Right to Constitutional Remedies (Article 32)
Directive Principles of State Policy IN PART IV FOR FULFILLMENT OF WELFARE STATE
NON- JUSTICIABLE
Acc to B R Ambedkar DPSP: ‘novel feature’ of the Indian Constitution
Fundamental Duties (10+1) IN PART IVA
NON JUSTICIABLE
ORIGNALLY NOT IN CONS .ADDED BY SWARN SINGH COMM. DURING INTERNAL EMERGENCY BY 42ND CONSAA(10) + 86TH CONSAA(1)
A Secular State
THERE IS NO OFFICIAL RELIGION OF INDIA
The term ‘secular’ was added to the Preamble of the Indian Constitution
by the 42nd Constitutional Amendment Act of 1976.
NOT WESTERN MODEL OF SECULARISM BUT INDIAN MODEL: SARVA DHARMA SAMBHAVA
Universal Adult Franchise
Every citizen who is not less than 18 years of age has a right to vote without any discrimination of caste, race, religion, sex, literacy, wealth, and so on. FOR VOTE IN LOK SABHA AND SLA
The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act of 1988.
Single Citizenship
SINGLE CITIZENSHIP UNLIKE US EXCEPT PEOPLE OF TRIBAL AREAS AND PEOPLE OF J&K ENJOY SPECIAL PRIVILAGES
Emergency Provisions
3 TYPES
National emergency (Article 352)
ground : of war or external aggression or armed rebellion
State emergency (President’s Rule) (Article 356)
ground: of failure of Constitutional machinery in the states
or
failure to comply with the directions of the Centre (Article 365); and
Financial emergency (Article 360)
ground :of threat to the financial stability or credit of India