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Posted September 25, 2013 by advocateguru in Learning Centre
 
 

Salient features of Indian Constitution

The Indian Constitution is a product of a long and hard work of over a period of 2 years. The Indian Constitution was made to reflect the aspirations of the people, to take them to the path of development and social and political equality and to provide them Democracy after a long 200 years’ slavery.

The Indian Constitution has various salient features as under:

  1. It is a written Constitution. Unlike the colonial master, UK, India chose to write down its Constitution.

  2. It is the longest Constitution of the world. Indian Constitution consists of every possible area to govern a country and the rights of the citizens making it the bulkiest Constitution. It has 395 Articles and 12 Schedules.

  3. There is Preamble to the Constitution unlike the Constitutions of USA, Australia and Canada. The Preamble lays down very clearly the objective of the Constitution and is a basic feature of the Constitution1. It very clearly specifies the rights of the people, the duties of the state towards them and the common principles on which the country is to be founded upon. The Preamble though is a very short but each and every word has a story to tell. The very beginning of the Preamble “We the people….” suggest that the people of India have been considered as the supreme authority in this nation. The objective sought by the Preamble are- Justice, Liberty, Equality, Fraternity and the nature of the Indian state is- Sovereign, Socialist, Secular, Democratic, Republic.

  4. It is combination of rigid and flexible principles. The Constitution provides simple majority as the essential for making some laws and asks for a special majority for some. Hence, Indian Constitution is a wonderful combination of rigidity and flexibility making it easy to make social and political and economic progress and also not to compromise on the basic soul of the Constitution.

  5. Indian Constitution provides for a federal state with strong centre also called quasi-federal. The states have been given various powers- legislative and administrative but the centre has a superseding effect and in case of any dispute the centre prevails over the state.

  6. The constitution provides fundamental rights to its citizens in part III. The concept of fundamental rights has been borrowed from American Bill of Rights. The six fundamental rights are – (1) Right to Equality, (2) Right to Freedom, (3) Right against Exploitation, (4) Right to Freedom of Religion, (5) Cultural and Educational Rights and (6) Right to Constitutional Remedies. However, these Fundamental Rights are subject to some reasonable restrictions. The fundamental rights except Article 20 and 21 are subject to suspension in case of emergency.

  7. The constitution provides for an independent judiciary. The judiciary keeps a check on both the legislature and executive. The salary, tenure, appointment and impeachment have all been provided in the constitution itself. The impeachment of a judge is not an easy task and till now no impeachment has been done. The judiciary is given the power of judicial review, which by virtue of the liberal constitution, is expanding and serving the welfare of the nation.

1 Keshvananda Bharti v UOI AIR 1973 SC 1461

 

Done by : Bhawana

 


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