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Salient Feature of Indian Constitution
Salient Feature of Indian Constitution
School
Saharanpur, Uttar Pradesh-247122
PROJECT WORK
On
SUBMITTED BY:
GU16R0048
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Acknowledgement
Firstly, I would like to thank my supervisor, Prof. Parth Sharma, for the patient
guidance, encouragement and advice; he has provided me information related to
the same throughout my time as his student. I have been extremely lucky to have a
supervisor who cared so much about my work, and who responded to my questions
and queries so promptly.
Finally, I would like to thank the whole faculty of Law at Glocal University, not
only for the helping me, but also for giving me the opportunity to attend
conferences and meeting so many related to the same etc.
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Table of contents
Introduction.
Indian Constitution.
Salient feature of Indian Constitution.
Borrowed Salient feature of Indian constitution.
How our salient feature different from other country.
Conclusion.
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Introduction
The Constitution of India has some outstanding features which distinguish it from
other constitutions. The framers of our constitution studied other constitutions,
selected their valuable features and put them with necessary modifications in our
constitution. Ours is not a borrowed constitution, though it has been influenced by
other constitutions. The framers of the constitution of India did not aim at a
completely new or original constitution. They just wanted to produce “a good and
workable” constitution. And they succeeded doing this. The fact that the
constitution, for last 59 years, has been working satisfactorily is a testimony to its
quality and utility.
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Indian Constitution
Constitution is the foundational law of a country which ordains the fundamental
principles on which the government (or the governance) of that country is based. It
lays down the framework and principal functions of various Organs of the
government as well as the modalities of interaction between the government and its
citizens. With the exception of the United Kingdom (U.K.), almost all democratic
countries possess a written constitution. India also possesses an elaborate written
constitution which was enacted by a constituent assembly specifically set up for
the purpose.
The first Constitution of India framed and given to themselves by the people of
India was adopted by the Constituent Assembly on 26 November, 1949. It came
into full operation with effect from 26 January, 1950.
The Constitution as originally adopted had 22 parts, 395 articles and 8 schedules.
Its present text is as amended from time to time.
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3. Salient feature of Indian constitution.
(1) Written and Detailed Constitution:
The Preamble to the Constitution of India is a well drafted document which states
the philosophy of the constitution. It declares India to be a Sovereign Socialist
Secular Democratic Republic and a welfare state committed to secure justice,
liberty and equality for the people and for promoting fraternity, dignity the
individual, and unity and integrity of the nation. The Preamble is the key to the
constitution. It states in nutshell the nature of Indian state and the objectives it is
committed to secure for the people.
Although, right from the beginning the Indian Constitution fully reflected the spirit
of democratic socialism, it was only in 1976 that the Preamble was amended to
include the term ‘Socialism’. It is now regarded as a prime feature of Indian state.
India is committed to secure social, economic and political justice for its entire
people by ending all forms of exploitation and by securing equitable distribution of
income, resources and wealth. This is to be secured by peaceful, constitutional and
democratic means.
The Constitution of India is rigid in parts. Some of its provisions can be amended
in a difficult way while others can be amended very easily. In some cases, the
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Union Parliament can amend some parts of the Constitution by passing a simple
law.
Under its Part IIIC Articles 12-35), the Constitution of India grants and guarantees
Fundamental Rights to its citizens. It is called the Indian Bill of Rights. Initially, 7
Fundamental Rights were granted but after the deletion of the Right to Property
from the list of Fundamental Rights (44th Amendment Act 1979) their number
came down to six.
1. Respect for the Constitution, the national flag and the national anthem;
5. Promote the common brotherhood of all the people of India and renounce any
practice derogatory to the dignity of women;
7. Project the natural environment and have compassion for living creatures;
11. Duty of the parents to send their children to schools for getting education.
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(7) Directive Principles of State Policy:
Part IV of the Constitution dealing with the ‘Directive Principles of State Policy’
provides one of the most striking features of the Indian Constitution. The Directive
Principles are instructions to the state for securing socio-economic developmental
objectives through its policies. These are to be implemented by both the Union for
the States.
For example, Directive Principles direct the state to ensure for the people adequate
means of livelihood, fairer distribution of wealth, equal pay for equal work,
protection of children, women, labor and youth, old age pension, social security,
local self-government, protection of the interests of the weaker sections of society;
promotion of cottage industries, rural development, international ‘peace friendship
and co-operation with other states etc. The aim of Part IV is to secure and
strengthen socio-economic democracy in India.
(8) Parliamentary System:
For all its policies and decisions the Council of Ministers is collectively
responsible before the Lok Sabha. The Lok Sabha can remove the Ministry by
passing a vote of no-confidence. The Cabinet, in fact the Prime Minister has the
power to get the Lok Sabha dissolved by the President. On similar lines a
parliamentary government is also at work in each state.
India is the single Independent and Sovereign integrated state. Presently it has 29
states and 7 Union Territories. All citizens enjoy a common uniform citizenship.
They are entitled to equal rights and freedoms, and equal protection of the state.
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(10) Independence of Judiciary:
The Indian Constitution makes judiciary truly independent. It is clear from the
following facts:
(b) Only persons with high legal qualifications and experience are appointed as
judges,
(c) Judges of the Supreme Court cannot be removed from office except through an
extremely difficult process of implement.
(e) The Supreme Court has its own staff. Indian judiciary has an autonomous
organization and status. It works as an independent and powerful judiciary.
(11) Judicial Review:
The Constitution is the supreme law of the land. The Supreme Court acts as the
guardian protector and interpreter of the Constitution. It is also the guardian of the
Fundamental Rights of the people. For this purpose it exercises the power of
judicial review under Article 13. By it, the Supreme Court determines the
constitutional validity of all laws made by the legislatures. It can reject any law
which is found to be unconstitutional.
(12) Judicial Activism:
Currently, Indian judiciary has been becoming more and more active towards the
performance of its social obligations. Through Public Interest Litigation system
(PIL) as well as through a more active exercise of its powers, the Indian judiciary
has been now very actively trying to secure all public demands and needs due to
them under the laws and policies of the state.
(13) Emergency Provisions:
The Constitution of India contains special provisions for dealing with emergencies.
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(1) National Emergency (Article 352) an emergency resulting from war or external
aggression or threat of external aggressions against India or from armed rebellion
within India or in any of its part;
The President of India has been empowered to take appropriate steps for dealing
with these emergencies. During the period of an emergency, the powers of the
President, actually of the PM and the Union Council of Ministers Cabinet increase
tremendously. President can take all steps deemed essential for meeting an
emergency. These are called emergency powers of the President.
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5. How our Salient feature different from other country.
Indian Constitution
2. There is only one citizenship for both the States and Union.
3. Each State sends M.P.s to the Parliament depending upon the population of the
State.
5. There are three Lists- Union List-(First List); State List (Second List); and
Concurrent List – (Third List). The Parliament can legislate only the subjects of the
State List and Concurrent List. The States are not sovereign. The Union can
encroach upon State’s Lists.
9. India achieved uniformity in basic civil and criminal laws, except personal laws
in some matters.
10. The Indian Union is an indestructible Union of destructible States. The area,
identity of a state can be changed by Parliament. The States can be destructible.
But the Union cannot be changed. The Union is indestructible.
11. The Central Government has been the power to form a new State, to increase
the area of any State, to diminish the area of any State; to alter the boundaries of
any State; to alter the name of any State; and to form a new State by separation of
territory from any State or by uniting two or more States or parts of States or by
uniting any territory to a partnership the of any State (Article 3)
12. The word “Federal” is not at all used in our Constitution. Simply the framers
described “Union”.
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13. The Supreme Court has been given very wide powers, including appellate
(Civil and criminal) jurisdiction.
14. No referendum is necessary. For the amendment of the Constitution, the people
need not give their consent. It is sufficient to get the majority of M.P.s and in
certain cases, the majority of the State legislatures.
American Constitution
2. There are dual citizenships- one Federal Citizenship- another State Citizenship.
5. There is a clear division of legislative powers among Federal and Units. The
Union and as well as each Unit is sovereign in its sphere. The Union is sovereign
in their respective State legislative fields. Strictly one cannot trench upon the
other’s area of power. Each is confined to its own sphere.
6. The State, if wants, can separate itself with the Federal, being the relation is
based only the ‘Agreement ’.
9. There are different civil and criminal laws, differing from State to State.
10. Union is based only the agreement. Any State can separate at any time. When
the States are separated, there will be no Union at all. Hence, it is called that the
American Union is an indestructible Union of indestructible States.
12. The word “Federal” is used in the Constitution very often, and still now it is
used very frequently.
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13. The Supreme Court of American has not been given such type of appellate
jurisdiction.
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6. Conclusion.
It is a very lengthy constitution with 395 articles grouped into 22 parts and 12
schedule. It is unique in many respects. It is a blend of the many time periods. It
attempts a balance between the Fundamental Rights of the individual and the
interest of the society and the need for security of the State on the other. It is itself
evidence of its resilience, dynamism and growth potential.
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