Constitution its necessity and its features

The necessity of a Constitution to run a country and its features

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In order to run a country in order, one needs to follow certain laws. This law is made for the betterment of the people. A set of rules are made for the people and it would benefit them. The constitution is a document where such rules are written. It is a written as well as non written constitution.

Let’s go and understand further why we need constitution

Why we need a constitution?

If there is no set of pre defined rules, there would be no rule of law. Thus anarchy will prevail.

It is designed in such a fashion that government would have its control over its people. If anyone defies that one has to face the consequence of law. But at the same time if the government is making an arbitrary law just to flex its muscle power. People do have the right to question and challenge the law to court .

Salient features of  the constitution

Lengthiest written constitution:

There is written as well as non written constitution like USA and UK respectively. Indian constitution is the lengthiest of all over the world. It has   articles and 12 schedules.

India is huge country with lot of diversities so it added to its bulkiness. Another factor is it is hugely inspired from Government of India act 1935 which was itself a bulky document.

Separate provision for Jammu and Kashmir and rest of the country. But the special status is being taken out since August 2019

 

Drawn from Various Sources:

The constitution of India borrowed many provisions from the foreign nations. The structural part is hugely adapted from Government of India Act 1935.

Directive principles are taken from Irish Constitution, Fundamental Rights from USA, relation between executive and legislature is hugely drawn from UK.

Other provisions like emergency provision and suspension from Weimar constitution and Fundamental duties from USSR.

 

Blend of rigidity and flexibility

 Constitution is rigid and flexible. We have seen the example of rigid constitution in USA and the example of flexible constitution in UK.

 A rigid constitution is one that could be amended using special procedure while flexible constitution is easy to amend.

The constitution of India is neither is rigid nor flexible. The provision of amendment is present in Article 368.

Some article require simple majority to amend. Other require special majority and there are another type which require special majority along with the ratification of by half of the states.

 

Federal System with Unitary Bias

Feature like written constitution supremacy of constitution, rigidity of constitution, independent judiciary all make up to its federal characteristics

But single citizenship, single constitution strong centre all ads up to its unitary features.

Article1 describes India as Union of states which means no state can break free itself.

 

Parliamentary form of Government.

India has chosen the parliamentary type of government. In such form of government executive is responsible to the legislature.

Synthesis of Parliamentary sovereignty & Judicial Review

The marriage of British Parliamentary sovereignty along with the judicial supremacy of USA is present in the Indian Constitution.

The Supreme Court on one hand can declare the parliamentary law as null and void while parliament can amend major portion of the law.

Secular State

While having the vision of free India, our forefathers they never advocated to uphold any particular religion rather choose to become secular. The whole idea is that there should not be any discrimination on the basis of religion and all would be treated equally.

Universal Adult Suffrage

Unlike many countries India had adopted universal adult suffrage that is all the people who are above 18 can cast their vote. Earlier it was 21n years but it had been changed into 18 by the 61st Amendment Act of 1989.

 

 Conclusion

Thus we have seen so far the dynamic nature of our constitution. The best part is that best of all the world has been inserted and our forefathers saw the dream of a great nation.

Sources

https://medium.com/tathya-india/features-of-the-indian-constitution-a63c776f329d

Other links of this website

Historical background

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