ü Indian Constitution is a written Constitution.
ü It is the largest Constitution. It is
because
ü It incorporated all the
experiences gathered from the working of the all the known constitutions in the
World.
ü To avoid all defects and
loopholes that might be anticipated from the light of other constitutions.
ü To minimize uncertainty.
ü Majority of the
provisions were borrowed from the GOI (Government of India) act 1935 because people
were familiar with the existing system.
ü It is explained in
detail manner otherwise the new democracy may be jeopardized (make vulnerable,
risk).
ü Vastness of the country.
ü Multifarious challenges
in the country.
ü The division of powers
between the union and states is so exhaustive.
ü It is a single Constitution for the entire country except for Jammu and
Kashmir.
Þ
INDIAN CONSTITUTION IS BOTH RIGID AND FLEXIBLE.
ü It is rigid, means there a special
procedure for amending the Constitution.
ü It is flexible, means that with an
ordinary procedure some areas in the constitution can be amended.
Þ
FEDERAL SYSTEM :
ü It means the division of
powers between centre and states.
ü remember the word “Federation” is
nowhere mentioned in the Constitution).
ü Though India is a federation it
also has unitary features.
Þ
PARLIAMENTARY FORM OF GOVERNMENT:
ü This forms talks about
the presence of nominal (Dejure) and real (defacto) executives.
ü Majority party rule.
ü Collective
responsibility to the Lok Sabha.
ü Leadership of the Prime
Minister (Chief Minister at the state level).
ü The dissolution of Lok Sabha. (This type
of government is present at both central and state levels).
Þ
Fundamental rights:
ü These are for the
promotion of political democracy. T
ü These are justiciable i.e they are enforceable
by the courts for their violation.
ü Originally 7 fundamental
rights were mentioned in the constitution.
ü Through the 44th amendment ‘Right To
Property’ has been deleted from the list of Fundamental Rights.
ü At present only 6
fundamental rights are mentioned.
Þ
DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP):
ü They seek to establish
welfare state in India.
ü These are non-justiciable. (Cannot be challenged
in the court of law)
Þ
(*In the Minerva Mills case of 1980 the Supreme Court held
that the Indian Constitution is founded on the bedrock of the balance between
the Fundamental Rights and DPSP).
Þ
FUNDAMENTAL DUTIES:
ü Added through 42nd amendment in the year
1976.
ü They were added on the
recommendations of swaran Singh Committee.
ü Part IV A was added for
accommodating Fundamental Duties.
ü Originally 10
Fundamental Duties were added.
ü 11th Fundamental Duty was
added in the year 2002 through the 86thConstitutional amendment.
ü At present 11 fundamental
duties are mentioned in part IVA.
Þ
SECULAR STATE:
ü (Equal respect to all
religions).
ü The Constitution does
not uphold the any particular religion as the official religion.
Þ
UNIVERSAL ADULT FRANCHISE:
ü All adults are permitted
to vote.
ü The original
constitution permitted all the people who are not less than 21 years of age to
vote.
ü Through the 61st amendment voting age has
been reduced from 21 to 18 in the year 1989.
Þ
EMERGENCY PROVISIONS:
ü Provided for 3 types of
emergencies.
ü National Emergency
ü State Emergency or
President’s Rule
ü Financial Emergency
ü During National
emergency India from the state of Federation it becomes Unitary.
Þ
3 TIER GOVERNMENT:
ü Through 73rd and 74th amendments 3 tier
structures was created.
ü Panchayati Raj and
Municipalities are made the Constitutional bodies.
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Þ
Which of the following determines that the Indian Constitution
is federal?
Þ
A written and a rigid constitution
Þ
An independent judiciary
Þ
Vesting of the residuary powers with the centre
Þ
d. Distribution of powers between the centre and the states
(Answer:
D)
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