1.

Explain the salient features of the Indian constitution.

Answer»

Salient Features of the Indian Constitution are: The constitution of India came into force on 26th January, 1950. The preamble enumerates the source, the nature and high aims and ideals of the constitution. The preamble cannot be enforced in a court of law it is a grand declaration.

The following are the salient features of the constitution of India:

1.Detailed and Written Constitution: The constitution of India is a comprehensive document. It is detailed and lengthy constitution in the world. It consists of 445 Articles, 22 parts, 12 schedules, and 100 Amendments. The bulk of the constitution is due to many reasons. Such as :

  • It contains the broad principles and details of administration. 
  • The constitution provides for the administrative machinery at the centre and also in the States. 
  • Incorporation of Fundamental rights and directive principles of state policy. 
  • Special provision for safeguarding the interest of the scheduled castes and scheduled tribes, 
  • UPSC and SPSC and Election Commission, Independent Judiciary,

2. Sovereign, Democratic, Republic: The constitution of India is Sovereign, Socialist, Secular, Democratic and Republic.

  • India is a sovereign state and it is subject to no other authority either in her internal affairs or external relations. Its power is absolute internally and externally within its sphere. 
  • 42 Amendment Act of 1976 declares India to be a socialist state. 
  • Preamble to the constitution declares that India is a sovereign democratic Republic. The President of India is elected and his term of office is five years.
  • Official languages and regional languages etc. have been dealt with in the constitution.

3.Single Citizenship: The constitution of India has established a single and uniform citizenship for the whole of the country. Single citizenship implies that all Indian citizens owe allegiance to the Indian Union. Any citizen, irrespective of his birth or residence, is entitled to enjoy civil and political rights throughout India In all states and Union Territories.

4.Fundamental Rights: Part III of the Indian constitution embodies six fundamental Rights, which are guaranteed to the people of India. These rights are sacred and sacrosanct and cannot be violated. The constitution makes the Supreme Court and the High Courts, the guardian of rights and liberties of the people. However they are not absolute. The constitution imposes necessary limitations and the rights can be suspended under conditions of grave emergency.

  • Right to Equality. 
  • Right to Freedom. 
  • Right against Exploitation. 
  • Right to Religion. 
  • Cultural and Educational Rights. 
  • Right to constitutional Remedies.

5. Fundamental Duties: The 42nd Amendment Act of 1976 has incorporated ten duties for even Indian citizen.

  • To abide by the constitution and respect its ideals, institutions, the flag, and the National Anthem. 
  • To cherish and follow the noble ideals which inspire our national struggle for freedom. 
  • To uphold and protect the sovereignty; unity and integrity of India. 
  • To defend the country and render national services when called upon to do so.
  • To promote harmony and spirit of common brotherhood among all the people of India. 
  • To value and preserve the rich heritage of our composite culture. 
  • To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. 
  • To develop the scientific temper, humanism and the script of inquiry and reform. 
  • To safeguard public property and to adjure violence, 
  • To strive towards excellence in all spheres of individual and collection activity.

6.Secular and Socialist State: At the time of drafting the constitution, the framers did not have the vision to mention these words in the preamble of the constitution. But these words were added in the preamble by the 42nd Amendment Act of 1976. Accordingly, India is a secular and non-religious in character. In fact, it does not identify itself with any religion. India is neither religious, nor irreligious, nor antireligious but it is detached from the religious dogmas and activities. The aim of the constitution is too make India a socialist state on the basis of welfare programs.

7. Backward Classes and Minorities: The constitution protects the interest of the backward class and the Minorities.

8. Official language: Hindi. is laid as the official language of India. A common official language symbolized the unity of the country.

9. Directive Principles of State Policy: It is another important feature of the Indian constitution. It contains various aims and aspirations to fulfilled by the state. They are instruments of instructions to the government to follow specific polices.

10.Parliamentary System of Government: The Indian constitution proposed a parliamentary system of government for India.

11. Federation with strong centre: The constitution has laid down a federal form of government; with a Union of the states. The Union is more powerful than the states.

12. Independent Judiciary: The judiciary under the constitution is made independent of the legislature and the executive. It protects the fundamental rights and safeguards the provisions of the constitution. In fact, it is the guardian of the constitution and protector of Fundamental Rights.

13. Judicial review: The Supreme Court of India has the power of judicial review. It can declare laws enacted by the parliament and state legislatures and orders passed by the executive as invalid if found contrary to the provisions of the constitution.

14. Election Commission: The constitution provides for the establishment of Election Commission for the whole country. It conducts free and fair elections of the president, vice-president, members of parliament and state legislatures from time to time. It consists of one chief Election commissioner and two other Election commissioners who are appointed by the president of India for the period of 6 years.

15. Rigidity and flexibility: There is a unique procedure of constitutional amendment. Article 368 of the constitution deals with the amendment procedure:

(a) By simple majority: The creation of new states, creation or abolition of the legislative council, etc. These can be amended by a simple majority in both the houses of the union parliament.

(b) By half – simple and half-rigid method: The provisions such as citizenship, Fundamental Rights, Directive principles, etc., shall be amended by 2/3 majority of members present and voting in both houses of the parliament.

(c) By Rigid Method: The method of amending the constitution involves rigid procedure. Matters relating to the election and powers of the president and powers of the Union and State government. Union judiciary, establishment of High Court, division of legislative powers, representation of states in Union Parliament, etc., can be amended by 2/3 majority members of both houses of the Union parliament and has to be ratified by not less than half of the state legislature.

16. Adult.Franchise: Every person who is a citizen of India and who are above 18 years of age irrespective, gender is entitled to be registered as a voter.

17. Emergency provisions: the constitution of India envisages three types of emergencies. which the president may proclaim in different critical situations. Such as:

(a) National Emergency: Article 352 provides national emergency. If the president is satisfied that the security of India or any part thereof is threatened by war, or external aggression or internal disturbance, he may issue a proclamation of emergency. But it must be laid before each house of parliament for approval.

(b) Failure of constitutional machinery in the state: The president on the receipt of report from the Governor of a state if satisfied, that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution, he can proclaim state emergency. It is to be approved by each House of parliament within two months. But normally it remains for six months and can be continued for three years.

(c) Financial Emergency: The president of India is satisfied that the financial stability of India is any part thereof is threatened he may proclaim financial emergency . It expires at the end of two months unless it is approved by the parliament.

18. Local self-Governments: A constitutional statue was given to local self-governments in accordance with the 73rd and 74th constitutional amendments which were made in the year 1992 and came into force in 1993.



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