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It is about indian constitution, Schemes and Mind Maps of Indian Literature

GSFC University Indian Literature

Prof. Apurv Chokshi

Its about indian constitution. It's about indian constitution. It's ok.

Typology: Schemes and Mind Maps

2021/2022

Uploaded on 09/22/2022

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1. The Lengthiest Constitution in the world

2. Parliamentary form of Government

3. Unique blend of rigidity and flexibility

4. Fundamental Rights

5. Directive Principles of State Policy

6. A Federation with strong centralising tendency

7. Adult suffrage

8. An Independent Judiciary

9. A Secular State

10.Single Citizenship

11.Fundamental duties

12.Judicial Review

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The Lengthiest Constitution in the world
Parliamentary form of Government
Unique blend of rigidity and flexibility
Fundamental Rights
Directive Principles of State Policy
A Federation with strong centralising tendency
Adult suffrage
An Independent Judiciary
A Secular State 10.Single Citizenship 11.Fundamental duties 12.Judicial Review

Salient features of the Indian

Constitution

The Lengthiest Constitution in the World: Art.-395, 22 parts and 8 schedules. Now Art.-448, Parts 25 and 12 Schedules.

Long list of Fundamental Rights and DPSP, the judiciary, the services, the public service Commissions, Election and many transitory provision like. Establishment of a Sovereign, Socialist, Secular, Democratic Republic: Sovereign means India is no more dependent upon any outside authority.

(^) Its membership of the Commonwealth of Nations and that of a United Nation Organization do not restrict the her sovereignty.

Socialist

(^) The term was inserted in the Preamble by constitution 42nd^ Amendment Act, 1976.
(^) Secularism: means state has no religion of its own as recognised religion state. All religions equal.It is not concerned with the relation of man with God.
(^) Democratic :from will of people. The rulers are elected by the people and responsible to them. Justice, Liberty, Equality and Fraternity are essential characteristics of the Constitution.

Parliamentary form of Government

(^) Both Centre and the State
(^) The maker of the Constitution have followed the British model in toto.
(^) We were accustomed to this type of Govt.
(^) It is responsible to the legislature
(^) President is a Constitutional head of the State
(^) Real executive power is vested in the council of Ministers whose head is Prime Minister

(^) The Council of Minister is collectively responsible to the Lower House i.e. Lok Sabha
(^) The member of Lower House are directly elected by the people on the basis of adult franchise normally for five years
(^) The position is the same in the States
(^) The govt. therefore called responsible govt.

Parliamentary v. Presidential System

(^) Advantage :

The chief executive in a presidential system is relatively free from sectional and party disputes. His term is fixed hence stable hence President can devote his time for development of the country.
President is free to choose his team of ministers from the best talent available within the country. President choice is not restricted to elected representative as is the case in Parliamentary system.

It discourages the disease of defections and maintains discipline among the members of a political party.
The disease of defection can be removed by appropriate legislation. At the outset the framers of the Constitution preferred the parliamentary system of govt. mainly for two reasons; 1. already in existence and people were well acquainted. 2. Provides for accountability of ministers to the legislature.

Unique blend/mixure of rigidity and flexibility

(^) Federal constitution as rigid.
(^) A rigid Constitution is one which requires special method of amendment while in flexible Constitution any of its provisions can be amended by ordinary legislative process.
(^) The Indian Constitution though written is sufficiently flexible. It is of the few provisions of the Constitution that require the consent of half of the State Legislature.
(^) The rest of the provisions can amended by a special majority of Parliament.

(^) In 70 years of more than 100 amendments have made.

(^) Thus our Constitution conferred on S.C. the power to grant most effective remedies in the nature of 1. Habeas Corpus 2. Mandamus 3. Prohibition 4. Quo Warranto 5. Certiorari wherever these rights are violated.
(^) F.Rs. Are not absolute rights. They are subject to certain restrictions.
(^) Our Constitution tries to strike balance between the individual liberty and the social interest.
(^) The Idea of incorporating a Bill of Rights has been taken from the Constitution of the United States.

Directive Principles of State Policy

(^) Set out the aims and objectives to be taken by the States in the governance of the country
(^) Unlike F.R. these rights are not justiciable.
(^) If state is unable to implement any of provision of Part IV, no action can be brought against the State in a law court.
(^) For want of enforceability there has been much criticism. But criticism is not justified.

A Federation with Strong Centralizing

tendency

(^) During the time of emergency it acquires a Unitary character.
(^) During proclamation of emergency the normal distribution of powers between the Centre and States undergoes a vital change.
(^) The Union Parliament is empowered to legislate on any subjects mentioned in the State List.
(^) Financial arrangements can be altered by the Union Govt.

Adult Suffrage

(^) Uniform adult suffrage system has been adopted.
(^) Above 8 years man and woman has been given right to elect representative for the legislature.
(^) Adoption of universal adult suffrage A- without any qualification either sex, property, taxation or like is bold experiment in India.