Features of the Indian Constitution

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Democratic Socialist State

Secular State

Union of States

Bicameral Union Parliament. 

Universal Adult Suffrage (Article 326) 

Single Citizenship 

Single Integrated Judiciary 

Independence of Judiciary 

Synthesis of Parliamentary Sovereignty and Judicial Supremacy. 

Judicial Review 

Emergency provisions

Written and Detailed Constitution

    1. Originally, the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules. 
    2. Presently, it consists of a Preamble, about 470 Articles and 12 Schedules.

Preamble

    1. Well drafted document declares India into a Sovereign, Socialist, Secular, Democratic and Republic. 
    2. Welfare state committed to secure JUSTICE, LIBERTY, EQUALITY, FRATERNITY

Mixture of Federalism & Unitarianism:

    1. The Constitution provides for federal structure with unitary bias. 
    2. It’s called quasi-federal by K.C. Wheare. 
      • Division of power between Centre & States 
      • Written & Supreme Constitution 
      • Independent judiciary for Center-State disputes 
      • Dual administration i.e. Central Government and State Government 
    1. Federalism means where power is evenly distributed among various units of Government. 
    2. Whereas on the other hand we have a strong Centre, common constitution, single citizenship, Emergency provisions and All India Services which reflects unitary spirit. 
    3. We have kept this kind of federalism keeping in view the diverse & pluralistic nature of society. 

The Constitution is both rigid & flexible: 

Few amendments need State assistance whereas others can be amended by the Centre itself. 

Borrowed from other Constitution:

United Kingdom 

    1. Parliamentary form of govt. (or Westminster form of Government.)
    2. Parliamentary privileges
    3. Single citizenship
    4. Rule of Law
    5. Prerogative Writs (Article 32)
    6. First past the post Electoral System. 
    7. Cabinet system

USA 

    1. Fundamental Rights – taken from Bill of Rights
    2. Vice President’s office
    3. Removal of Supreme Court/High Court Judges
    4. Impeachment of President
    5. Independent Judiciary
    6. Due process of law (Article 21)
    7. Judicial Review 

Canada

    1. Federal set up with Unitary bias. 
    2. Residuary powers to Centre 
    3. Appointment of state governors by the Centre 
    4. Advisory jurisdiction of the Supreme Court

Ireland 

    1. Directive Principles of State Policy 
    2. Method of election of President 
    3. Nomination of member to Rajya Sabha

South Africa

    1. Amendment procedure (Article 368) 
    2. Procedure for electing member of Rajya Sabha

Former USSR

    1. Fundamental Duties (42nd Amendment, 1976)
    2. Idea of Socialism 
    3. Ideal of Justice (social, economic and political) in the Preamble.

France

    1. Idea of Republic
    2. Liberty, Equality, Fraternity (France is considered the cradle of rights.)

Australia

    1. Concurrent list
    2. Joint sitting of the Parliament (Article 108)
    3. Freedom of trade and commerce throughout the country.

Germany: (Weimar Constitution)

    1. Emergency Provisions

Japan

    1. Procedure established by law (Article 21)

Government of India Act of 1935

    1. Federal scheme, 
    2. Governor’s office, 
    3. Judiciary, 
    4. Public Service Commission, 
    5. Emergency Provisions and administrative details


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