LECTURE NOTES – POLITY SESSION 1
What is a Constitution? Broadly speaking, it is a set of rules, written and unwritten, that seeks to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them and define the relationships between the state and the individual.
Salient Features of the Constitution of India
(i) A written and lengthy constitution
The Constitution of India is a single, written document (unlike the British constitution which is not a single, written document, but is drawn from legislation, treaties, judicial precedents, convention, and numerous other sources).
It was framed by a Constituent Assembly which was established for the purpose in 1946. As originally adopted, it had 22 Parts, 395 Articles and 8 Schedules. A number of amendments, passed since its enforcement in 1950, have also become a part of the Constitution.
The Constitution of India is the lengthiest constitution in the world as no other constitution contains as many articles. The constitution of USA has 7 Articles, of China 138, Japan 103, and Canada 107 Articles.
(ii) Single Constitution
Unlike the US which is considered as role model of federalism, India has a single Constitution, that is, the Indian states do not have separate Constitutions.
(iii) Sovereign, socialist, secular, democratic, republic
The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. The words, 'Socialist' and 'secular' were added in the Preamble of the Constitution by 42nd amendment which was passed in 1976.
Sovereign means absolutely independent; it is not under the control of any other state.
Socialist - Word 'Socialist' was added in the Preamble by 42nd Amendment of the Constitution which was passed in 1976. This implies a system which will endeavour to avoid concentration of wealth in a few hands and will assure its equitable distribution.
Secular - The word 'Secular', like Socialist, was also added in the Preamble by 42nd Amendment of the Constitution. There is no state religion in India. Every citizen is free to follow and practise the religion of his/her own choice. The state cannot discriminate among its citizens on the basis of religion.
Democratic – It means that the power of the government is vested in the hands of the people. People exercise this power through their elected representatives who, in turn, are responsible to them. All the citizens enjoy equal political rights.
Republic – It means that the head of the State is not a hereditary monarch but a President who is indirectly elected by the people for a definite period.
(iv) Unique blend of rigidity and flexibility
Whether a constitution is rigid or flexible depends on the process of amendment. If the constitutional laws and ordinary laws are amended separate ways, it is a rigid constitution. On the contrary, in a flexible constitution, constitutional laws and ordinary laws are amended in the same way.
Some provisions of the Constitution of India can be amended by the Indian Parliament with simple majority.
The amendment of most provisions of the constitution requires a special majority in both houses of the parliament. There are some other provisions of constitution which cannot be amended by the parliament alone.
In case of such provision the amending bill has first to be approved by both houses of parliament by a special majority (with the support of two-thirds of the members of each house present and voting). Then it has to be ratified by the legislatures of at least half of the states of India.
So, there is a balance between rigidity and flexibility in our constitution. Some amount of flexibility was introduced into our constitution in order to encourage its growth.
(v) Patchwork, but a beautiful patchwork
The Indian Constitution is often referred to as a patchwork. It has been inspired and derived from various sources. The best features of various constitutions have been incorporated in our constitution.
(vi) Parliamentary form of democracy
Indian Constitution provides for a parliamentary form of government. President is the nominal head of the state. In actual practice, the government is run by the Prime Minister and other members of the Council of Minister. The Council of Ministers is collectively responsible to the Parliament.
What is a Constitution? Broadly speaking, it is a set of rules, written and unwritten, that seeks to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them and define the relationships between the state and the individual.
Salient Features of the Constitution of India
(i) A written and lengthy constitution
The Constitution of India is a single, written document (unlike the British constitution which is not a single, written document, but is drawn from legislation, treaties, judicial precedents, convention, and numerous other sources).
It was framed by a Constituent Assembly which was established for the purpose in 1946. As originally adopted, it had 22 Parts, 395 Articles and 8 Schedules. A number of amendments, passed since its enforcement in 1950, have also become a part of the Constitution.
The Constitution of India is the lengthiest constitution in the world as no other constitution contains as many articles. The constitution of USA has 7 Articles, of China 138, Japan 103, and Canada 107 Articles.
(ii) Single Constitution
Unlike the US which is considered as role model of federalism, India has a single Constitution, that is, the Indian states do not have separate Constitutions.
(iii) Sovereign, socialist, secular, democratic, republic
The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. The words, 'Socialist' and 'secular' were added in the Preamble of the Constitution by 42nd amendment which was passed in 1976.
Sovereign means absolutely independent; it is not under the control of any other state.
Socialist - Word 'Socialist' was added in the Preamble by 42nd Amendment of the Constitution which was passed in 1976. This implies a system which will endeavour to avoid concentration of wealth in a few hands and will assure its equitable distribution.
Secular - The word 'Secular', like Socialist, was also added in the Preamble by 42nd Amendment of the Constitution. There is no state religion in India. Every citizen is free to follow and practise the religion of his/her own choice. The state cannot discriminate among its citizens on the basis of religion.
Democratic – It means that the power of the government is vested in the hands of the people. People exercise this power through their elected representatives who, in turn, are responsible to them. All the citizens enjoy equal political rights.
Republic – It means that the head of the State is not a hereditary monarch but a President who is indirectly elected by the people for a definite period.
(iv) Unique blend of rigidity and flexibility
Whether a constitution is rigid or flexible depends on the process of amendment. If the constitutional laws and ordinary laws are amended separate ways, it is a rigid constitution. On the contrary, in a flexible constitution, constitutional laws and ordinary laws are amended in the same way.
Some provisions of the Constitution of India can be amended by the Indian Parliament with simple majority.
The amendment of most provisions of the constitution requires a special majority in both houses of the parliament. There are some other provisions of constitution which cannot be amended by the parliament alone.
In case of such provision the amending bill has first to be approved by both houses of parliament by a special majority (with the support of two-thirds of the members of each house present and voting). Then it has to be ratified by the legislatures of at least half of the states of India.
So, there is a balance between rigidity and flexibility in our constitution. Some amount of flexibility was introduced into our constitution in order to encourage its growth.
(v) Patchwork, but a beautiful patchwork
The Indian Constitution is often referred to as a patchwork. It has been inspired and derived from various sources. The best features of various constitutions have been incorporated in our constitution.
(vi) Parliamentary form of democracy
Indian Constitution provides for a parliamentary form of government. President is the nominal head of the state. In actual practice, the government is run by the Prime Minister and other members of the Council of Minister. The Council of Ministers is collectively responsible to the Parliament.
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