SALIENT FEATURES OF OUR CONSTITUTION:
Written and Lengthy Constitution: Our
Constitution is in written form. The powers and functions of the organs of the
government like the Legislature, Executive and Judiciary have been delineated
in the constitution. Fundamental Rights, Duties, Directive Principles of State
Policy etc. are all in the written form. Originally, our constitution consisted
of 22 parts, 8 schedules and 395 Articles. Later, with many amendments, it has
become a lengthy constitution with 25 parts, 12 schedules and approximately 470
Articles.
Flexible and Rigid Constitution: The
constitution which can be easily amended is called flexible or simple
constitution. Constitutions that have special procedures for amendment are
called rigid or complicated constitutions. Our constitution is neither too
flexible nor too rigid.
Parliamentary Form of Government: Our
Constitution provides for a Parliamentary form of Government. The sovereign
power of the nation is vested in the elected Parliament. The Executive is
responsible to the Legislature at the Central and State levels. The Cabinet
shall be in power as long as it enjoys the confidence of the legislature. As
soon as it loses the confidence of the Legislature, it has to resign.
Republican System: The
Constitution has declared India a republic. Therefore, no one can come to power
through hereditary principle. The word Republic indicated that India was not
ruled by any hereditary kingdom or queen. In India, the President is the
Constitutional Head of State and he is elected.
Federal System: Our
Constitution provides for a Federal System of Government because our country
consists of different languages, castes, races and geographical regions.
Administrative powers are shared by the Central and the State Governments (The
Central list has 100 subjects, the State list has 61 subjects and the
Concurrent list has 52 subjects). The Supreme Court has the authority powers to
solve all disputes rising between the centre and the state with respect to any
subject.
Fundamental Rights: The
rights that the constitution has given to the people are called Fundamental
Rights. No law of any government Central or state, or any organization can deny
these rights. If the Fundamental Rights are taken away or endangered, the
citizen can directly appeal to the High Court or the Supreme Court. These
Rights are listed in the 3rd part of the constitution. Six Fundamental Rights
are Right to Liberty, Right to Equality, Right against Exploitation, Right
to Religion, Right to Education and Culture, and Right to Constitutional
Remedy. The Supreme Court has the powers to protect these Rights. Hence, the
Supreme Court is referred to as ‘The Protector of Fundamental Rights’.
Fundamental Duties:
Fundamental Rights and Duties are the two faces of the same coin. Through the
42nd amendment of constitution in 1976, 10 fundamental duties have been
delineated in part 4A under article 51A. Through the 86th Amendment Act of
constitution 2002. It has been made a duty of parents to provide an opportunity
for education to the children for the aged between 6 to 14 years. This is the
11th fundamental duty mentioned in part 4A constitution.
Directive Principles of State Policy:
Directive principles of State policy have been incorporated in the 4th part of
our Constitution. These principles have been adopted from the Ireland country Constitution.
They are the basis for the establishment of social and economic equality. They
are the basic principles required for the administration of the country. Yet,
the government cannot be questioned by a court of justice if it is not
implemented. When the government frames new laws, it should pay attention to
these principles.
Independent and Centralized Judicial
System: Our judiciary is independent and centralized. The courts
have the authority to give bold judgments in order to protect the rights of
people. Neither the legislature nor the executive has any right to interfere
with the working of the judiciary. The Supreme Court is the highest court in
the land, and all high courts and subordinate courts function under it.
Single Citizenship: The
Constitution makes provision for a single citizenship in order to curb
narrow-minded regionalism, and promote nationalism. The citizens of the
country, has the national citizenship not the state citizenship. Our parliament
possesses the power to frame rules in this matter.
Universal Adult Franchise: The
Constitution provides for adult franchise. All citizens above 18 years of age
may exercise their right to vote. It symbolizes the Sovereignty absolute power
of the people.
Bicameral Legislature or Central
Legislature: Central Legislature is called as the
Parliament. The Parliament consists of two Houses – the Lower House (Lok Sabha)
and the Upper House (Rajya Sabha).
Party System:
Political parties are the pillars of a democracy. There is a multi-party system
in India. The party which wins the majority of votes in the general election
becomes the ruling party whereas the rest will be the opposition parties.
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