BASIC FEATURES OF CONST(4- as preamble too- imp)
INTRO- (frm assignment)The Constitution of India was formally adopted by the Constituent Assembly
on November 26th, 1949. The framers of this constitution extensively studied and incorporated the
best aspects from various constitutions worldwide, adapting them to suit India's unique conditions
and requirements while avoiding inherent weaknesses. The Indian Constitution is one of the
lengthiest and most detailed while being rigid yet [Link] the salient features of the
Indian Constitution is crucial for comprehending the functioning of the Indian [Link] Constitution
of India commences with a preamble that encapsulates its fundamental aims and purposes. The
terms "Socialist" and "Secular" were incorporated in Preamble through the Forty-Second
Amendment in 1976. The preamble briefly encapsulates three crucial aspects: the Constitution's
origin, its goals, and the date of adoption. It symbolizes India's commitment to building a socialist,
secular nation based on justice, liberty, equality, and fraternity, showcasing the determination of its
people.
PREAMBLE(on next pge 1 full page)
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BODY- There are a couple of salient features of Constitution of India that stand out specifically.
1. RIGID YET FLEXIBLE AND LENGHTIEST- India's Constitution is unique, blending
rigidity and flexibility. Article 368 which gives power to amend, details two amendment
methods: one requiring a special majority in Parliament (Lok Sabha & Rajya Sabha), and the
other needing Parliament's special majority plus ratification by half of the states. Recently,
the 103rd amendment was passed which provided 10 % reservation to Economically Weaker
Sections(EVS) in a government job, educational institutions as well as private educational
institutions. -Indian constitution which has been drawn from various sources is also the
lengthiest constitution in world due to the country’s geographic and historical factors.
2. UNIVERSAL ADULT FRANCHISE- The Indian Constitution embraces universal adult
franchise for elections, granting every citizen above 18 years the right to vote without
discrimination based on factors like caste, race, religion, sex, literacy, or wealth. This
provision was further strengthened by reducing the voting age from 21 to 18 in 1989.
Despite challenges like the country's size, population, poverty, social inequality, and
literacy issues, this bold step was a significant democratic experiment.
3. PARLIMENTARY FORM OF GOVT- India's Constitution adopts the British
Parliamentary System. Despite similarities, India's Parliament isn't sovereign like Britain's,
and India has an elected head, while Britain has a hereditary monarch. Known as the
'Westminster' Model, it establishes responsible and Cabinet Governments at both the
central and state levels. Key features of the parliamentary system include nominal and real
executives(President and Prime Minister respectively in India), majority party rule,
ministerial membership in the legislature and some others.
4. FR-150 words
5. DPSP-150(15 lines)
6. Fundamental Duties-100
7. Centre-State relations(140 words)- The Centre-State relations in India, despite its
federal structure, are not explicitly termed as "federal" in the Constitution. Instead, the
concept of the "Union of States" signifies that states were not sovereign units joined by
agreement, their boundaries can change, and secession is not an option. India is quasi-
federal as termed by K.C. Wayer and maintains what Granville Austin termed as cooperative
federalism. The Constitution outlines separate domains for the Union and States through
three lists: Union List, State List, and Concurrent List. There are legislative, administrative and
financial relations between centre and state. Recent times have seen conflicts in these areas,
prompting committees like the Administrative Reforms Commission etc.
8. DECENTRALISATION- The 73rd and 74th Constitutional Amendment Acts in 1992
introduced a unique third tier of government.
o The 73rd Amendment Act recognized panchayats by adding Part IX and Schedule 11
to the Constitution. This part outlines a three-tier system of panchayati raj(rural
body) in each state, consisting of panchayats at the village, intermediate, and district
levels. Similarly, the 74th Amendment Act acknowledged municipalities(urban
bodies) by adding Part IX-A and Schedule 12 to the Constitution. This part defines
three types of municipalities in each state: nagar panchayat for transitional areas,
municipal council for small urban areas, and municipal corporation for larger urban
areas.
9. Emergency Provisions- The Indian Constitution includes comprehensive emergency
provisions to empower the President in handling extraordinary situations effectively. These
provisions aim to safeguard the sovereignty, unity, and the Constitution itself and bring upon
a more unitary system in [Link] are three types of emergencies envisioned:p\
National emergency triggered by war, external aggression, or armed rebellion (Article 352).
State emergency (President's Rule) due to the breakdown of Constitutional machinery in
states (Article 356) or failure to comply with the Centre's directives (Article 365).
Financial emergency prompted by threats to India's financial stability or credit (Article 360).
10. INDEPENDENCE OF Judiciary: Unlike some federal setups, India has a single
integrated judiciary system, comprising High Courts and the Supreme Court. Independence
of judiciary means, the power of upholding the rule of law, without any fear or external
influence, and maintaining effective control over the actions of the government . This power
helps it exercise special power of judicial review easily through which it aims to check
excesses by executive and legislature.
11. INDEPENDENT BODIES- There are several independent bodies crucial to the
democratic system:
Election Commission: Ensures free and fair elections for Parliament, state legislatures,
President, and Vice President.
Comptroller and Auditor-General of India: Audits Central and state government accounts,
Union Public Service Commission & State Public Service Commission: Conducts exams for
recruitment to All-India as well as higher Central services, and state services respectively.
CONCL- A comparative analysis of our Constitution highlights its distinctive characteristics that
set it apart from others. This lengthy yet adaptable yet structured document is of immense value,
given its extensive development process. Each feature underwent meticulous discussion and debate
to shape this unique document. It's fair to say that many features were influenced by the
Government of India Act 1935. The foresight of the Constitution's creators has given us the Indian
Constitution, equipped with features that prom ote the nation's welfare.