assignment on The salient features of Indian Constitution
assignment on The salient features of Indian Constitution
assignment on The salient features of Indian Constitution
The Constitution of India has opted for the British Parliamentary system of
Government rather than American Presidential System of Government. The
Parliamentary system is based on the principle of co-operation and co-
ordination between the legislative and executive organs while the
Presidential system is based on the doctrine of separation of powers
between the two organs.
The Constitution of India is neither rigid nor flexible but a synthesis of both. A
rigid Constitution is one that requires a special procedure for its amendment
while flexible Constitution is one that can be amended in the same manner
as ordinary laws are made.
4. Fundamental Rights. -
Part III of the Indian Constitution guarantees six fundamental rights to all the
citizens—
The Fundamental Rights are meant for promoting the idea of political
democracy. They operate as limitations on the tyranny of the executive and
arbitrary laws of the legislature.
6. Fundamental Duties. -
The term ‘federation’ has nowhere been used in the Constitution. Article 1
describes that India “is a Union of States” which implies two things: Firstly –
Indian federation is not the result of an agreement by the States; and
secondly – no State has the right to secede from the federation. The
Constitution of India establishes a federal system of Government. It contains
all the usual features of a federation viz., two governments, division of
powers, written Constitution, Supremacy of the Constitution, rigidity of
Constitution, independent judiciary and bicameralism.
8. Adult Suffrage. -
In India every person, male or female, who has obtained the age of 18 years,
is entitled to vote in elections to Parliament or State Legislatures. Originally
this age limit was 21 years but after the 61st Amendment Act, 1988 it was
reduced to 18 years.
9. An Independent Judiciary. -
The Supreme Court of India is a federal court, the highest court of appeal,
the guarantor of the fundamental rights of the citizens and the guardian of
the Constitution
The Constitution of India stands for a secular State. Hence, it does not uphold
any particular religion as the official religion of the Indian State. The term
‘Secular’ was added to the Preamble of the Indian Constitution by the 42nd
Amendment Act, 1976. Articles 25-28 of the Constitution give concrete shape
to this concept of secularism.
This doctrine was for the first time properly formulated by the famous Jurist
Montesquieu in his Escript Des Lois and exercised great influence on the
French legal system. Doctrine of separation of powers implies that powers of
the three organs of the government viz., Legislative, Executive and Judiciary
should be kept separate from each other.