Salient Features of the Constitution

 

Salient Features of the Constitution

The Indian Constitution is unique in its content and spirits though borrowed from almost every constitution of the world ,Indian constitution has its own uniqueness.

The original features of constitution have undergone a substantial change (since its adoption in 1949) on account of various constitutional amendments.

The Salient features of the constitution are as follows:

 

Lengthiest written constitution

The constitution of India is the lengthiest of all written constitution in the world .It is a very comprehensive , elaborate and detailed document . Originally the constitution contained 395 Article,22 Ports,104 Amendments ans 8 Schedules .Presently it consist of 470 Articles,25 Ports,104 Amendments and 12 Schedules.

 

The vastness of Indian constitution is due to:

a.     a) Geographical factors ,as India is a vast and diverse country .

b.    b) Historical factors

c.   c)   Single constitution for both Center and State

d.   d)  Dominance of legal lumaninaries in the constitution assembly

Drawn from Various Sources

The constitution of India has borrowed its most of its provisions from constitution of various countries and Government of India Act 1935 .Dr.

B.R. Ambedkar proudly acclaimed that the Indian constitution has been formed after “Ransacking all the known constitution of the world”.

·       The structured part of the constitution has been derived from Government of the India Act 1935.

·       The philosophical parts like fundamental rights and directive principle of state policy has been derived from American and Irish constitutions respectively.

·       The political of the constitution has been derived from British constitution .

·       The other provisions of the constitution have been drawn from the constitutions of Canada ,Australia, USSR , Germany , France.

 

Blend of Rigidity and Flexibility

Constitutions are classified into rigid and flexible ones.
A constitution is rigid when a special procedure is required for its amendment like the American constitution while a constitution can be amended in the same way as the ordinary laws are made example British constitution.

Some provisions can be amended a special majority of the parliament i.e., a two third majority of the members of each house present and voting and a majority of total membership of each house .

While some at her provisions can be amended by a speed majority of the parliament and rectification by half of the total state .

Some provisions can be amended by a simple majority of the parliament in the manner of ordinary legislature procedure.

Federal System waith Unitary Bias  

The constitution of India established a federal system of government .It contain all features of a federation like supremacy of the constitution ,rigidity of the constitution and independence of judiciary  and bicameralism .

The constitution of India contains a large number of non – federal features like strong center , flexibility of the constitution ,integrated judiciary ,appointment of state government by center.

Moreover the term federation has nowhere been used in the constitution Article 1^st ,on the other hand describe India as ‘Union of States’.

Parliamentary form of government

The constitution if India has opted for the parliamentary form of government rather then American presidential system. In parliamentary form of government there is corporation and co-ordination between legislature and executive while in presidential form of government power  is separated between the two organs .

The parliamentary system is also known as “Westminister Model of government “”Responsible Government” .

Even though the parliamentary system id largely based on British pattern there are still some fundamental difference like India parliament is not a sovereign body like the British parliament.

The Indian state has an electoral head while the British state has hereditary  head (Monarchy).