Sunday, 23 January 2022

SALIENT FEATURES OF INDIAN CONSTITUTION

               SALIENT FEATURES OF INDIAN CONSTITUTION


 INTRODUCTION

The constitution of India is the supreme law of India. The constitution of India was adopted on 26th November 1949, however it came into force on the 26th January 1950 thus, 26th January is celebrated as the Republic day of India. It was adopted by the Constitution Assembly. Dr. B.R.Ambedkar, the chairman of the Drafting Committee, is widely considered to be the architect of the constitution of India.

SALIENT FEATURES OF THE INDIAN CONSTITUTION

1. LONGEST WRITTEN CONSTITUTION.

2. PARLIAMENTARY FORM OF GOVERNMENT.

3. MIXTURE OF RIGIDITY AND FLEXIBILITY.

4. FUNDAMENTAL RIGHTS.

5. FUNDAMENTAL DUTIES.

6. DIRECTIVE PRINCIPLES OF STATE POLICY.

7. ADULT SUFFRAGE.

8. SINGLE CITIZENSHIP.

9. INDEPENDENT JUDICIARY.

10. INTEGRATED JUDICIAL SYSTEM.

11. FEDERAL STRUCTURE OF GOVERNMENT.

12. EMERGENCY PROVISION.


1. LONGEST WRITTEN CONSTITUTION

Indian constitution is a written constitution, which means the constitution is in written form which incorporates various laws for proper management of a country. Indian constitution is the lengthiest written constitution in the world. The Indian constitution has 395 Articles, 22parts and 12 Schedules which makes it lengthier. For example, US constitution is only having 7 Articles, china have 138 Articles and Japan 103 Articles. At present, the constitution contains 448 articles in 25 parts and 12 schedules. 


2. PARLIAMENTARY FORM IOF GOVERNMENT

Indian constitution provides a parliamentary form of government. President is the nominal or Constitutional head of the state .He is indirectly elected by the citizens of the state for a fixed period of five years. While, the Prime minister is the real executive head of the state .The Prime minister and other members of the council of ministers run the government.


3. MIXTURE OF RIGIDITY AND FLEXIBILITY

The constitution of India is a mixture of both rigidity and flexibility. It is neither too flexible nor too rigid. It is because, some provisions of the constitution can be amended easily while the others can only be amended by complex processes. Article 368 says about the power of the parliament to the constitution and the procedure therefor amendments falls under three categories, they are,(1)amendment by simple majority,(2)amendment by special majority (2/3rd), and (3)amendment  by special majority+ratification by states.

                 The society is changing too fast so accordingly the laws also must change, so that the laws can adjust with the environment. Amendments can add, remove, or update parts, it is having many aspects. So a good state laws adjust with the needs of the people.


4. FUNDAMENTAL RIGHTS

           The fundamental rights of an Indian citizen are guaranteed under part iii C, from Article 12 to Article35.It is also called the Indian Bill of Rights. The concept of fundamental rights are adopted from the Bill of rights of the United States of America. After the 44th Amendment rights Act 1979, there are presently six fundamental rights in our constitution. If any of the fundamental rights are violated the citizen can directly approach the Supreme Court. 

The six fundamental rights are:

(i)Right to Equality

 This fundamental right provides for equality before law and equality of opportunity. It also ends discrimination and abolishes untouchability and titles. Article 14represents the idea of equality, which states that the state shall not deny to any person equality before the law and the equal protection of the law within the territory of India. Article 15 to18 also says about the equality of a citizen but the articles are based on Article 14, therefore the basic Article is article 14 upon which the other articles are based.

Article 14=Equality before law.

Article 15=prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article16=Equality of opportunity in matters of public employment.

Article17=Abolition of untouchability.

Article18=Abolition of titles.


(ii)Right to freedom

This fundamental right further includes six kinds of freedom. They are freedom of speech and expression, freedom to assemble peacefully without arms, freedom to form associations, freedom to move freely in India, freedom to reside any part of India, freedom of adopting any profession, trade, or occupation.

Article 19=The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms: 1) Freedom of Speech and Expression, 2) Freedom of Assembly, 3) Freedom to form associations, 4) Freedom of Movement, 5) Freedom to reside and to settle, and 6) Freedom of profession, occupation, trade, or business.

(iii)Right to freedom of religion

This fundamental rights, grants an individual, a right to believe, worship, religion, thought etc. No person can be compelled perform any particular religion. The state is not having any specific religion or compelling anyone to practise any specific or particular religion. Anyone can express their thoughts and ideas.

(iv)Cultural and Educational rights 

Rights to minorities, Article 29and30 says about this.Article 29 provides protection of interests of minorities. Article 30 states rights of minorities whether based on religion or language to establish and administer educational institution.

(v)Right against exploitation

This fundamental right prohibits forced labour, child labour, and human trafficking. It ensures protection to human about various exploitation.

(vi)Right to constitutional Remedies (Article 32)

Rights so as to be important must be enforceable and supported by cures if there should be an occurrence of infringement. This article ensures the privilege to move Supreme Court by suitable procedures for the authorization of Fundamental Rights and manages Supreme Court's capacity to issue request or writs for the requirement of Fundamental Rights. Article 33 engages Parliament to alter the utilization of Fundamental Rights to the military or powers accused of upkeep of open request. Then again, Article 35 sets out that the ability to make laws to offer impact to certain predetermined Fundamental Rights will vests just with the Parliament and not with State Legislatures.Therefore, Fundamental Rights assume a huge job since they are most basic for the accomplishment of full savvy, good, and otherworldly status of a person. Along these lines, the target behind the consideration of Fundamental Rights in the Constitution was to set up an administration of Law to safeguard singular freedom, constructing an impartial society, and build up a welfare state.

 5. FUNDAMENTAL DUTIES

The Constitution (42nd Amendment Act, 1976) has presented a Code of ten "Essential Duties" for Citizens. In 2002, one more obligation was added to it. The crucial obligations are expected to fill in as a consistent suggestion to each resident that while the Constitution has explicitly given on them certain key rights, it additionally requires the residents to watch certain fundamental standards of law based lead and majority rule practices. These obligations, similar to the Directive Principles of State Policy can't be judicially authorized. Anyway they remind the capable resident what Constitution anticipates from them. It's a one of a kind element of the Indian Constitution that takes something from the residents rather than just giving and makes the residents obligations a piece of the fundamental rule that everyone must follow.

6. DIRECTIVE PRINCIPLE OF STATE POLICY (DPSP)

It is a novel element of the Constitution. The Directive Principles of State Policy contained in Part IV are as constructive bearings to the State which the State will endeavour to advance welfare of the individuals. They are not justiciable but rather they are principal in the administration of the nation. They plan to verify the goals of social and financial equity referenced in the Preamble. To the extent monetary equity is concerned, a portion of these Directives expect to limit disparities of pay and openings and status among people as well as the networks; some identify with equivalent appropriation of riches and methods for creation, and so forth. The Directives pointing social equity incorporate, among others, offices and open doors for Scheduled Castes and Scheduled Tribes, ladies, youngsters, labourers, and so on. These identify with arrangement of equivalent equity for all, instruction, social insurance, and so on. Order identified with Uniform Civil Code expects to acquire social changes strict circle. There are Directives controlling the State for advancement of rustic economy and Panchayats. The approvals behind DPSP are political and moral. The Directive Principles of State Policy and the Fundamental Rights together comprise the soul of the Constitution and speak to the essential rights inborn in the individuals of India.

 

7. ADULT SUFFRAGE

Under the Indian Constitution each grown-up over 18 years old has been given the privilege to choose agents for the governing bodies with no separation or recommending any capability dependent on religion, race, standing, sex, plunge, and spot of birth or living arrangement or even property, instruction or something like that. This privilege is known as all inclusive grown-up establishment. The privilege of general grown-up establishment is the best way to attest the mainstream power hidden rule of vote based system. It has been additionally guaranteed by the formation of a free Election Commission.

8. SINGLE CITIZENSHIP

Despite the fact that the Constitution imagined a double nation i.e., Center and States, it accommodates a solitary citizenship for the entire of India. It implies that each Indian is a resident of India, regardless of the spot of his/her home or birth anyplace in the nation. This is not normal for the United States of America where there is the arrangement of twofold citizenship for example the resident of USA and a State citizenship. Each Indian has a citizenship all through the nation with same rights. This arrangement in the Indian Constitution certainly fortifies the estimations of correspondence, solidarity and uprightness.

9. INDEPENDENT JUDICIARY

The fair opportunities conceded by the Constitution would have been pointless without autonomous apparatus to defend them. The Judiciary is the main hotel for a resident to uphold the established arrangements and secure the rights. That is the reason the production of free Judiciary was fundamental to maintain the structures and capacities made by the Constitution. An autonomous Judiciary is important to verify the philosophical establishments of the standard of law and majority rules system. Right off the bat, the Constitution producers made a different Judiciary free of Legislature and Executive. The forces of legal survey have helped Judiciary to keep different organs of the legislature in their individual limits and anticipate any infringement in one another's circles. Besides, the Constitution has guaranteed total freedom of Judiciary in the issues of organization and accounts. The arrangement and move related issues is impossible without discussion with Chief Justice of India. Judges have been unavoidably conceded the security of residency.

10. INTEGRATED JUDICIARY

Not at all like the legal frameworks of government nations like the United States of America, has the Indian Constitution set up a coordinated legal framework. In spite of the fact that the Supreme Court is at the national level, High Courts at the state level and subordinate courts at the region and lower level, there is a solitary progression of Courts. At the highest point of the chain of importance is the Supreme Court. The brought together legal framework is planned for elevating and guaranteeing equity to every one of the residents in uniform way.

11. FEDERAL STRUCTURE OT THE GOVERNMENT

An administrative state is where a nation is isolated into littler districts and the legislature is working at two levels. The Indian Constitution has imagined a government structure for India thinking about the topographical limitlessness and the decent variety of dialects, district, religions, stations, and so on. Composed Constitution, matchless quality of the Constitution, division of forces among Union and States, bicameral Legislature, autonomous Judiciary, and so forth are the highlights of Indian alliance. The government framework mirrors the established estimation of solidarity and trustworthiness of the country, and all the more critically the estimation of decentralization of intensity. 

Another noteworthy component of Indian alliance is strength of Union government over States. The more number of subjects (control) have been given to the Union, for example, arrangement of representative by the Center, All India Services, Integrated legal executive, single Election Commission, President's standard, Emergency arrangements, and so forth. Such arrangements make a solid unitary or unifying inclination in the government structure. It has been broadly portrayed as 'a Constitution government in structure yet unitary in soul.

12. EMERGENCY PROVISIONS

The most exceptional component of the Indian Constitution is that being a government Constitution it gets unitary character during the hour of crisis. During the decree of crisis the typical circulation of forces between the Center and the States experiences an essential change. The Parliament is enabled to enact regarding any matter referenced in the State list. The Central government is engaged to offer bearings to a State with regards to the way in which it should practice its official forces. The money related courses of action between the Center and States can likewise be changed by the Union government. Accordingly during the announcement of crisis, all forces are brought together in the Union government and the Constitution procures unitary character.

  

CONCLUSION

Indian Constitution is depicted diversely by various journalists. Some of them depict it a sack of borrowings. Others consider it a 'hotch potch' constitution. Similarly increasingly practical essayists like Dr. M.P. Sharma hold, it was not the reason for our constitution creators to deliver a unique or one of a kind constitution. What they needed was great and a useful one. Actually the designers of the constitution had aged past in see. India had been a toy in the hands of remote trespassers. Autonomy had been gotten after hardships. Henceforth they were quick to see that history probably won't rehash itself. They needed to pick up as a matter of fact of others.Indian Constitution is important in several dimensions, as it is the noble and universal book for the people of India. It lays down the basic structure of the government under which its people are to be governed. It establishes the main organs of the government - the executive, the legislature and the judiciary. The Constitution not only defines the powers of each organ, it demarcates the responsibilities of each. It regulates the relationship between the different organs and between the government and the people.

A Constitution is superior to all the laws of the country. Every law enacted by the government has to be in conformity with the Constitution. The Constitution lays down the national goals of India - Democracy, Socialism, Secularism and National Integration. It spells out the rights and duties of the citizen.  Indian constitution is having many features and also it is the world’s lengthiest constitution. It consists of 448 Articles in 25 parts. Constitution is the supreme law of the land. It also ensures the rights and duties of the people or citizen in India. It lays down many provision relating to the governance of the state. 


By, 

Asha Sebastian.


 

                                                                   


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