On Salient Features of The Constitution of India
On Salient Features of The Constitution of India
On Salient Features of The Constitution of India
THE CONSTITUTION OF
INDIA
SALIENT FEATURES OF THE
CONSTITUTION OF INDIA
• Written Constitution
• The Constitution is a complete written document that
includes the constitutional law of India. It took 2 years, 11
months and 18 days for the constitution to be written and
implemented. The Constitution of India has 225 Articles
divided into 22 parts with 12 schedules and 104
constitutional amendments.
PREAMBLE OF THE
CONSTITUTION
The preamble of the Indian Constitution states the philosophy of the Constitution.
SECULARISM
• India is a secular state. secularism means the institution of
government is separated from religion. Secularism does not mean
that there is no religion in the state but it does mean that all
religions and all citizens of that religion have the right to spread
and preach the religion of their choice. The word ‘secular’ was
included in our preamble by the 42nd Amendment,1976 of the
Indian Constitution.
DEMOCRACY
• India is the largest democracy in the world. After independence in
1947, India became a democratic nation. India is a federal
parliamentary democracy in which the President of India is the
head of state and the Prime Minister of India is the head of
government. The main reason for choosing democracy is to give
people the freedom to choose their representatives and protect
them from oppressive leaders.
QUASI-FEDERAL
• It has been a subject of debate among scholars whether the Constitution of India is fully
federal or unitary in nature. But it is a combination both.
• Federal Salient features of the Constitution of India • Unitary Features of the Indian
constitution
• Dual polity • Constitutional amendment
• Written and Rigid Constitution procedure
• Supremacy of the Constitution • All India Services.
• Emergency provisions
• Division of powers • Single Citizenship:
• Bicameral Legislature • A Strong Centre:
• Independent judiciary • Single Constitution for Union and
States
• Thus the Indian Constitution can
be described as quasi-federal
FUNDAMENTAL RIGHTS
•Fundamental rights are the most important feature of the Indian Constitution.
Fundamental rights are rights that are essential for the intellectual, moral and
spiritual development of individuals.
There are six fundamental rights recognized by the Indian constitution:
•Right to equality (Articles. 14-18)
•Right to Freedom (Articles. 19-22)
•Right Against Exploitation (Articles. 23-24)
•Right to Freedom of Religion (Articles. 25- 28)
•Cultural and Educational Rights (Articles. 29-30)
•Right to Constitutional Remedies (Articles. 32-35)
DIRECTIVE PRINCIPLES OF STATE POLICY
• The concept of Directive Principles of State Policy was derived from the Irish Constitution. The purpose of Directive Principles of State Policy is to create a ‘welfare state’.Directive
Principles of State Policies are not enforceable in a court of law.
• List of Directive Principles of State Policy
• Article 36 – Definition of the state
• Application of the principles contained in this Part The provisions contained in this Part shall not be enforceable by any court,- Article 37–
• Article 38– State to secure a social order for the promotion of welfare of the people
• Article 39– Certain principles of policy to be followed by the State
• The organisation of village panchayats -Article 40
• Article 41- Right to work, to education and to public assistance in certain cases
• Article 42 – Provision for just and humane conditions of work and maternity relief
• A living wage, etc, for workers – Article 43
• Article 44– Uniform civil code
• Article 45– free and compulsory education for children
• Educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections – Article 46
• Article 47– Duty of the State to raise the level of nutrition and the standard of living and to improve public health
• Article 48– Organisation of agriculture and animal husbandry
• Protection of monuments and places and objects of national importance – Article 49
• Article 50– Separation of judiciary from executive
• Article 51-Promotion of international peace and security
• 51A-Fundamental duties
PARLIAMENTARY SYSTEM