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Features of the Constitution - Coggle Diagram
Features of the Constitution
Lengthiest Written Const.
Factors contributed to the elephantine size: -Geographical -Historical -Single Const.: State& Centre -dominance of Legal luminaries in Constituent Assembly
A Secular State
It does not uphold any particular religion as the official religion of the Indian State. Preamble- Secular added by 42nd Am. Act 1976
Federal System with Unitary features
Term- federation not used in Const. Art.1- 'Union of States': -Indian Federation is not the result of an agreement by States. -no state has the right to secede from the federation.
Drawn from various sources
FR's-
US
, DPSP-
Irish
, Parliamentary Gov.-
British
, FD's-
USSR
, liberty, equality& Fraternity-
French
, Procedure established by law-
Japan
GOIA 1935
- federal scheme, governor, Judiciary, Public Service Commissions, Emergency provisions
Integrated & Independent Judiciary
SC is the highest Court of appeal. This single system of Courts enforces both Central& State Laws unlike other countries like US.
Fundamental Rights
Part-III 6 FR's (Art.14-32) RIGHT's-Equality, Freedom, against Exploitation, Freedom of Religion, Cultural& Educational, Constitutional Remedies
Synthesis of Parliamentary Sovereignty & Judicial Supremacy
SC- can declare parliamentary law as unconstitutional through its power of
Judicial Review
. Parliament- can amend major portion of Const. through its
Constituent Power
blend of Rigidity & Flexibility
Art.368: provide 2 types of amendment- special majority & special majority with ratification by half of the States
Parliamentary form of Gov.
-Presence of nominal & real executives -Majority party rule -Collective responsibility -Membership of ministers in the legislature -PM/ CM -Dissolution of Lower house (LS/ Assembly)
DPSP
Part-IV Art.36-51 Non-justiciable in nature& not enforceable by courts for their violation
Fundamental Duties
Part-IV A (11 FD's) Art.51 A Non-justiciable in nature. 42nd Am. Act by Swaran Singh Committee. 86th Am. Act added 1 more FD- education to children age 6-14 yrs.
Universal Adult Franchise
Voting age reduced to 18 yrs by 61st Am. Act 1988
Single Citizenship
Only Indian Citizenship unlike the US
Independent Bodies
ECI, CAG, UPSC, SPSC. Const. ensures the independence of these bodies through- Security of Tenure, fixed service conditions, expenses being charged on Consolidated Fund.
Emergency Provisions
3 types: -National Emergency Art.352 -State Emergency Art.356& 365 -Financial Emergency Art.360
3-tier Gov.
73rd Am. Act gave Const. recognition to panchayats& added a new Part IX & a new Schedule 11. Municipalities Part IX A
Co-operative Societies
97th Am. Act 2011-right to form co-operative societies a FR (Art.19) -Promotion of co-operative societies a DPSP (Art.43B) -new Part-IX B "The Co-operative Societies"
Criticism of Const.
-Borrowed Const. -Carbon Copy of 1935 Act. -Anti-Indian -Un-Gandhian Const. -Elephantine Size -Paradise of Lawyers