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You are here: Home / Polity / Salient Features of the Constitution

Salient Features of the Constitution

April 2, 2020 by BureaucratONE Leave a Comment Last Updated April 2, 2020

  • Major amendments -7th, 42nd, 44th, 73rd, 74th – 42nd mini constitution (1976)
  • Kesavananda Bharati case 1973 – Basic structure doctrine
Table of Contents hide
1 Salient features of the constitution
1.1 Lengthiest
1.2 Borrowed from various sources
1.2.1 Government of India Act of 1935
1.2.2 Britain
1.2.3 Ireland
1.2.4 Unites States of America
1.2.5 Canada
1.2.6 Australia
1.2.7 Soviet Constitution
1.2.8 France
1.2.9 Weimar Constitution of Germany
1.2.10 South African Constitution
1.2.11 Japan
1.3 Blend of Rigidity(us) and flexibility(uk)
1.4 Federal system with unitary bias
1.5 Parliamentary form of government
1.6 Synthesis of parliamentary sovereignty (UK) and judicial supremacy (US)
1.7 Integrated and independent judiciary
1.8 FRs
1.9 DPSP
1.10 FDs
1.11 Secular state
1.12 Universal adult franchise
1.13 Single citizenship
1.14 Independent bodies
1.15 Emergency provision
1.16 3 tier government

Salient features of the constitution

Lengthiest

  • 395 article/22 parts/8 schedules – 465 articles/25 parts/12 schedules
    • Geographical factor
    • Historical factor -1935
    • Single constitution
    • Dominance of legal luminaries

Borrowed from various sources

Government of India Act of 1935

  1. Federal Scheme
  2. Office of governor
  3. Judiciary
  4. Public Service Commissions
  5. Emergency provisions
  6. Administrative details

Britain

  • Parliamentary government
  • Rule of Law
  • Legislative procedure
  • Single citizenship
  • Cabinet system
  • Prerogative writs
  • Parliamentary privileges
  • Bicameralism

Ireland

  • DPSC
  • Nomination of members to Rajya Sabha
  • Method of election of president

Unites States of America

  • Impeachment of the president
  • Functions of president and vice-president
  • Removal of Supreme Court and High court judges and vice president
  • Fundamental Rights
  • Judicial review
  • Independence of judiciary
  • Preamble of the constitution

Canada

  • Federation with a strong Centre
  • Vesting of residuary powers in the Centre
  • Appointment of state governors by the Centre
  • Advisory jurisdiction of the Supreme Court

Australia

  • Concurrent List
  • Freedom of trade
  • Commerce and intercourse
  • Joint sitting of the two Houses of Parliament

Soviet Constitution

  • Fundamental duties
  • The ideal of justice (social, economic and political) in the Preamble

France

  • The ideals of Republic, liberty, equality and fraternity the Preamble

Weimar Constitution of Germany

  • Suspension of Fundamental Rights during Emergency

South African Constitution

  • Procedure for amendment of the Constitution
  • Election of members of Rajya Sabha

Japan

  • Procedure established by law

Blend of Rigidity(us) and flexibility(uk)

  • Amendment under A368
    • Spl Majority - 2/3rd p & V & 50% of total
    • Spl Majority + 50% states
  • Amendment outside A368
    • Simple Majority

Federal system with unitary bias

  • Federal in form unitary in spirit
  • Quasi federal – K C wheare
  • Co-operative federalism – Granville Austin
  • Bargaining federalism – Morris Jones
  • Federation with centralising tendency – Ivor Jennings
  • Federal features
    • Two govt
    • DOP
    • Written constitution
    • Supremacy of constitution
    • Rigidity of constitution
    • Independent judiciary
    • Bicameralism.
  • Unitary features
    • single constitution
    • single citizenship
    • flexibility of constitution
    • integrated judiciary
    • AIS
    • governor
    • emergency provisions
    • term federation nowhere used but union of states

Parliamentary form of government

  • No SOP like presidential but principle of cooperation and coordination
  • A.k.a Westminster model of government, responsible government and cabinet government
  • Presence of nominal and real exe
  • Majority party rule
  • Membership of ministers in legislature
  • Leadership of the PM or CM
  • Dissolution of LS or state assembly
  • Indian parliament is not sovereign body like the Br parliament.
  • Indian elected head and Br monarchy
  • Prime Ministerial Government because role of PM is significant

Synthesis of parliamentary sovereignty (UK) and judicial supremacy (US)

  • SC of India - narrower than US
    • India = Only procedure established by law (Maneka Gandhi vs Union of India case (1978))
    • US = due process of law
    • Due Process of Law = Procedure Established by Law + The procedure should be fair and just and not arbitrary

Integrated and independent judiciary

  • Single system of court to enforce both central and state laws
  • US - Federal law by Federal court & State law by State Court

FRs

  • P-III
  • 6 FRs
    • Equality 14 -18
    • Freedom 19 - 22
    • Against Exploitation 23 - 24
    • Freedom of religion 25 -28
    • Culture and Educational Rts 29 - 30
    • Constitutional Remedies 32
  • political democracy
  • limits on exe tyranny & leg arbitrary law
  • can directly approach SC
  • bcos all 5 writs applicable
  • not absolute - reasonable restriction
  • not sacrosanct - curtailed or repealed by amendment
  • suspended during emergency - except A 20 & 21

DPSP

  • P - IV
  • Novel feature (BRA)
  • 3 broad categories
    • Socialistic
    • Gandhian
    • Liberal-intellectual
  • Social and economic democracy
  • Not enforceable or non-justiciable
  • Minerva Mills Case 1980 - Balance b/w FRs & DPSP

FDs

  • P - IV
  • A51 -A
  • during internal emergency (1975-1977)
  • 42nd CAA 1976 on swaran singh committee recommendation
  • non-justiciable

Secular state

  • 42nd CAA in preamble
  • Western - -negative concept = complete separation
  • India - positive concept = equal respect and protection

Universal adult franchise

  • 18 from 21 after 61st CAA 1988

Single citizenship

  • US - State and USA
  • India - Only Indian except for few tribes and J&K

Independent bodies

  • Bulwark of D'Y
  • EC – parliament, state, prez and viceprez
  • CAG – legality & propriety of expenditure
  • UPSC
  • SPSC
  • Independence thro' - tenure, service condition, expenses charged on consolidated fund of India

Emergency provision

  • To safeguard sovereignty, unity, integrity and security, D'Y and constitution
  • A352 – National Emergency – war/external aggression/armed rebellion (44th CAA from internal disturbance)
  • A356 – State Emergency/ prez rule – failure of constitutional machinery
  • A365 – State Emergency/prez rule – failure to comply with centre's direction
  • A360 – Financial emergency

3 tier government

  • 73rd and 74th CAA -1992
  • Part IX/IXA
  • Schedule 11(R) and 12(U)
  • 73th - Panchayati Raj
    • Gram /Village Panchayats/Village Council
    • Panchayat Samities
    • Zilla Panchayats
    • Autonomous District Council
  • 74th - Municipalities
    • Nagar panchayat for transitional areas
    • Municipal council for towns
    • Municipal corporation for cities

Filed Under: Polity

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