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Tuesday 2 June 2020

Constitution of India: 17 salient features of the constitution of India



Constitution of India: 17 salient features of the constitution of India


The basic structure of the Indian constitution is salient features of the constitution. i.e preamble, fundamental right, fundamental rights, directive principle of State policy, single citizenship,Independent


Hello guys,
My name is Roshan verma and today i will told you detailed information related to salient features of Indian constitution. This  blog is helpful for every civil service aspirants. Salient features of Indian constitution is a part of Indian polity.




*Salient Features of the Constitution.



  1. Lengthiest written constitution.
  2. Drawn from Various sources 
  3.  blend of Rigidity and flexibility
  4. Federal system with universal bias
  5. parliamentary form of Government
  6. Synthesis of parliamentary sovereignty and  judicial supremacy 
  7. integrated and independent judiciary
  8. fundamental Rights
  9. Directive principles of state policy {DPSP}
  10. Fundamental duties
  11. A Secular state
  12. universal Adult franchise
  13. Single Citizenship 
  14.  independent bodies
  15. Emergency provision
  16. Three - tier Government.
  17.  Cooperative Societies



* Criticism of the Constitution. .

  1. A Borrowed constitution
  2. A Carbon copy the 1935, Act.
  3. un- indian or Anti indian
  4.  An Un-gandhian Constitution
  5. elephantine size 
  6. paradise of the lawyers



* introduction :

The indian constitution is world lengthiect written constitution. indian constitution is unique in its contents and borrowed from almost every Constitution of the world. indian constitution has several salient features that distinguish it from the Constitution of other countries.


The features of indian constitution ( as  adopted in 1949) have some  changes with several  Amendment. Amendment 7th ,42nd,44th,73rd,74th  and 97th And in 1976, 42nd Amendment Act held and it is also known as mini-  constitution'. because, in this  Amendment large number of changes made by various parts of the constitution.


*Salient Features of the Constitution.

1. Lengthiest written constitution:-

India is the lengthiest of all written constitution of the world.

- geographical reason
-common constitution (both for Central Government and state government)
-lawyer
- Government of India act 1935

originally (1949)


  •  395 article
  •  article divided into 22 parts
  •  eighth schedule 


✓ presently 2020 


  • 448 articles
  •  articles divided into 25 parts 
  • 12 schedules
  •  as on these are 104 amendments


Note:-

 Written and unwritten constitution.

 India has both rigid + flexible in constitution. rigid means written constitution and flexible means and unwritten constitution.

2. Drawn from various sources:-

 the constitution of India has ransacking (borrowed) from the constitution of other various countries Dr. BR Ambedkar proudly acclaimed that Indian constitution is 'ransacking of all the constitution of the world'.


  • Ransacking of constitution
  • Government of India act 1935
  • Constitution of Canada, Australia, Germany,  Russia,  France,  South Africa,  Japan,  American  and so on.



3. Blend of rigidity and flexibility:-

 Indian constitution are both rigid + flexible
 some provision easy is called flexible
 and some provision is very difficult is called rigid.
 Our constitution is combination of both rigid and flexible.




article 368 provide two type of amendment:-

 1) some provision can be amended by special majority of the parliament.
 example:-
  •  two third majority of the member present and voting 
  • majority more than 50% 

2) some provision can be amended by a special majority of the parliament and with the rectification by half of the total state



4. federal system with unitary bias:-

 The word federal is not used in the constitution but article 1 union of state means,

 federation? = union of state

✓ features of  federation

To government + division of power + written constitution + supremacy of constitution + rigidity of constitution + independent judiciary + bi cameralism = federal

✓ features of unitary or non federal

 strong centre + single constitution + single citizenship + governor + A.i.s (all India service)  + emergency provision and so on = unitary


Indian constitution described as,

" federal in form but unitary in spirit"

' Quasi- federal' by KC wheare,

'bargaining federalism' by marris Jones

 'co-operative federalism' by granville Austin

 'federation with a centralising tendency' by lvor Jennings.
Etc.


5. Parliamentary form government


Features of parliamentary government in India are,

A) presence of nominal and real executive

- president is the nominal head executive -prime minister has the real head executive

B) majority party rule.
( majority is 273 + in lok sabha )

c)  collective responsibility of the executive to the legislature

d)membership of the minister in the legislature

e) leadership of the prime minister are the chief minister

 f) dissolution of the lower house (lok sabha or assembly)

 the constitution of India is adopted from British parliamentary system not American presidential system. the parliamentary system is also known as "westminister" model of government, responsible Government and cabinet government. parliamentary system is for both state or centre.


6. Synthesis of parliamentary sovereignty and judicial supremacy:-


  • Due process of law (USA)
  • judicial review
  • provincial subject reserve and transferred
  • dyarchy

 India there is 'procedure established by law' and USA has "due process by law"


7. Integrated and independent judiciary



  • Some law throughout 
  • protect the judiciary 
  • apex court 
  • unlike USA



8. Fundamental right:-

Part 3 of the Indian constitution guaranteed six fundamental rights :-


  1. Right to equality( article 14 to 18)
  2.  right to freedom (article 19 to 22 )
  3. right against exploitation (article 23 to 24)
  4.  right to freedom of religion (article 25 to 28)
  5.  culture and educational rights (article 29 to 30)
  6.  right to constitutional remedies (article 32)



Also read:- mindset by Benjamin Smith

9. DPSP (directive principle of State policy):-


  •  socialistic, Gandhian, liberal- intellectual
  •  welfare state
  •  non- justiciable
  •  balance between fundamental rights and dpsp 


constitution' of India give direction to the future government when you have available resources then you do this means welfare of  state . 

champakam dorairajan case (1951) when fundamental right and dpsp is clash so, fundamental right will wins by supreme court. 

10. Fundamental duties:-  (Indira Gandhi)


  •  42nd amendment act 1976 
  • part IV- A
  • non-justiciable


 fundamental duties is the reminder to citizen while enjoying the fundamental right they also have some duties related to our country. 42nd amendment act of 1976 on the recommendation of swaran Singh committee.

 part IV- A of the constitution specify the 11 fundamental duties, before we have 10 fundamental duties.


11. A secular state

 the term 'secular' was added to the preamble of the constitution by the 42nd constitution amendment act 1976.

we already has ingredients:- 
article-  14/ 15/ 16/ 25/ 26/ 27/ 28 /29 and 30.



12. Universal adult franchise .

  • 21 to 18 
  • Bold  step
  •  equality, minority, respect, broad base.

 British people will not give as universal adult franchise they give limited adult franchise but are founding father will give us universal adult franchise. we the people beyond the age can vote universal adult franchise give us equality respect minority etc.

13. Single citizenship.


  • fraternity
  • unlike USA


Fraternity means 'brotherhood' we all are brother and sister we all have single citizenship India has single passport but us has dual citizenship citizenship of state for citizenship of USA.


14. Independent bodies:-

 Indian constitution not only provide the legislative executive and judicial organ of the government but also established certain independent bodies.

  •  CAG (comptroller and auditor general of India)
  •  UPSC 
  • spsc 
  • ECI (election commission of India) 

15. Emergency provision:- 



three type of emergency :-

  • National emergency 
  • president rule and 
  • financial emergency

16. Three-  tier government:- 

 73rd and 74th constitutional amendment act 1992 ( PV Narasimha Rao).

 union + state + local.


 73rd amendment act of 1992:-

 constitutional recognization- Panchayat- rural local government by adding a new part IX and can you schedule 11 and similarly ,

74 amendment act of 1992:-

 constitution recognition-  municipality  (urban local government) by adding a new part IX-A and new schedule 12 to the constitution.


17. Cooperative societies:-

 97 constitutional amendment act of 2011 give a constitution status and protection to cooperative society.

 right to form cooperative society.
 a fundamental right (article 19).

 include dpsp on promotion of cooperative society (article 43-B)

 add a new path lX - B  entitled  as the cooperative society (article 243 z h to 243 zt.).


Conclusion:-


Indian constitution have lots of salient features which makes special the lawnmark have taken  all the factor into consideration and have tried to accommodate. All the different in our country.thr constitution and various rights Provided in the constitution act as a guardian to our citizen.


Here, is the detailed explanation of salient features of Indian constitution. I will try my best to cover all topic in this blog. So if you have any doubt you can contact me ( roshan01042000@gmail.com)  this is my mail id and i give you assurance that i reply all your mail. You can drop a question in  Comment box and tell me how was the article in comments section. If you like the article you can share with your friends , family and social media.


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