Short Notes on SALIENT FEATURE OF INDIAN CONSTITUTION Amaresh Patel LAW NOTES Mon, Mar 15, 2021, at ,03:07 PM Lengthiest Written Constitution- Government of India 1935- Geographical Reason.- Written by lawyers in complex legal language Ø Various Sources *American*Russian*France*Japan*South Africa*Canada Ø Rigidity and Flexibility -*Some provisions are Flexible (Citizenship, State formation) and some are rigid (Fundamental rights, emergency, impeachment of President) Federal System with Unitary Bias* 2 Government +Bi cameralism + Supremacy Signifies towards Federal System* Written Constitution + Independent judiciary Signifies towards Federal System* Rigid Constitution Signifies towards Federal System* Governor under article 153 signifies strong Unitary Government*Single Constitution + Single citizenship signifies strong Unitary Government*All Indian Civil Services signifies strong Unitary Government Ø Parliamentary Form of Government (Westminister System)-Nominal and Real Executive-Majority Party Rule -Collective Responsibility of the executive to the Legislature -Membership of Ministers in the Legislature-Leadership of Prime Minister or the Chief Minister-Dissolution of Lower House Ø Synthesis of Parliament Sovereignty (England) and Judicial Supremacy *Due Process of Law - USA* Procedure established By Law -Japan* Independent and Integrated Judiciary* Apex Court (Article 124,125,126) Ø Fundamental Rights -*Guaranteed Rights*Part IIIrd of the constitution* Writs, Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto Ø Directive Principle of state policy* Part 4th of the Constitution* Socialist, Gandhian, and Liberal -Intellectual *Minerva Mills, 1980The Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between Fundamentals Rights and The Directive Principal Ø Fundamental Duties, Part IV A*42nd Amendment 1976*it was recommended by Swaran Singh Committee* 86th Constitutional Amendment added is more Constitutional Duty*Article 51-A of the Constitution* It is Non-Judiciable Ø Secular State (Article 14, 15, 16, 25-30) Article 29-30 -Cultural and Educational *Added By 42nd Constitutional Amendment1. The state shall not deny to any person equality before Law or Equal Protection of the Laws (Article 14)2. The state shall not discriminate against any Citizen on the ground of religion (article 15) 3. Equality of opportunity for the entire city in the matter of public employment (Article 16)4. All the person are equally entitled to freedom of conscience and the right to freely profess or practice and propagate in any religion (article 25) 5. Every religious denomination for any of its secularization shall have the right to manage its religious affair (Article 26) 6. No person shall be compelled to pay any taxes for the promotion of particular religion (Article 27)7. No religious instruction shall be provided in any educational institution maintained by the state (article 28)8. Any section of the citizens has a right to conserve its distinct language, script, and culture. (Article 29)9. All the minorities have a right to establish and administer educational institutions of their choice (article 30).10. The state shall endeavor to secure the entire citizen Uniform Civil Code (article 44) Ø Single Citizenship * Fraternity* The concept of single citizenship is Unlike the constitution of USA-Voting Age of Elections (UAF)*Voting age was changed from 21 to 18 by 61st Constitutional Amendment 1988 Ø Independent Bodies -*Election Commission* Comptroller and Auditor General of India* UPSC*SPSC Ø Emergency Provision *National Emergency -Article 352* President Rule - Article 356* Financial Emergency - Article 360 Ø Three Tiar Governments*Union*State* Local 73rd and 74th Constitutional Amendment 1992 Ø Co-operative Society * Part IX- B, Article 243 -ZH to 243-ZT*DPSP -Article 43- B* Right to Form corporative Society. Under article 19 Criticism -* Borrowed Constitution*Carbon Copy of 1935 Act*Un-Indian or Anti Indian * An Unconditional Constitution * Elephantine Size