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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.
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.
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.
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).
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.
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)
(*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).
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 86th Constitutional amendment.
ü At present 11 fundamental duties are mentioned
in part IVA.
SECULAR STATE:
ü (Equal respect to all religions).
ü The Constitution does not uphold the
any particular religion as the official religion.
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.
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.
3 TIER GOVERNMENT:
ü Through 73rd and 74th
amendments 3 tier structures was created.
ü Panchayati Raj and Municipalities are
made the Constitutional bodies.
Which of the following determines that the Indian
Constitution is federal?
a.
A written and a
rigid constitution
b.
An independent
judiciary
c.
Vesting of the
residuary powers with the centre
d. Distribution of powers between the centre and the states (Answer: D)
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