This article also answers frequent questions like who made the constitution of India, who has written the constitution of India, how many laws are there in Indian Constitution, where is the original copy of Indian Constitution kept etc. Constitution is main law of a country which reflects the basic principles on which the government of that country works.
Contact Us Search The Constitution of India is not an end but a means to an end, not mere democracy as a political project but a socio-juridical process which opens up through a humanist, radical social order, the opportunity to unfold the full personhood of every citizen. The Indian Federalism is unique in nature and is tailored according to the specific needs of the country.
Federalism is a basic feature of the Constitution of India in which the Union of India is permanent and indestructible. Both the Centre and the States are co-operating and coordinating institutions having independence and ought to exercise their respective powers with mutual adjustment, respect, understanding and accommodation.
Tension and conflict of the interests of the Centre and the respective units is an integral part of federalism.
Prevention as well as amelioration of conflicts is necessary. Thus, the Indian federalism was devised with a strong Centre. Federalism with a strong Centre was inevitable as the framers of the Indian Constitution were aware that there were economic disparities as several areas of India were economically as well as industrially far behind in comparison to others.
The nation was committed to a socio economic revolution not only to secure the basic needs of the common man and economic unity of the country but also to bring about a fundamental change in the structure of Indian society in accordance with the egalitarian principles.
With these considerations in mind the Constitution makers devised the Indian federation with a strong Union. Federalism Defined Federalism constitutes a complex governmental mechanism for the governance of a country.
It seeks to draw a balance between the forces working in favour of concentration of power in the Centre and those urging a dispersal of it in a number of units.
A federal Constitution envisages a demarcation of governmental functions and powers between the Centre and the regions by the sanction of the Constitution, which is a written document. From this follows two necessary consequences- i That the invasion by one level of government Features of indian constitution the area assigned to the other level of the government is a breach of the Constitution.
Wheare defines federal government as an association of states, which has been formed for certain common purposes, but in which the member states retain a large measure of their original independence. A federal government exists when the powers of the government for a community are divided substantially according to a principle that there is a single independent authority for the whole area in respect of some matters and there are independent regional authorities for other matters, each set of authorities being co-ordinate to and subordinate to the others within its own sphere.
The framers of the Indian Constitution attempted to avoid the difficulties faced by the federal Constitutions of U. A, Canada and Australia and incorporate certain unique features in the working of the Indian Constitution. Thus, our Constitution contains certain novel provisions suited to the Indian conditions.
The doubt which emerges about the federal nature of the Indian Constitution is the powers of intervention in the affairs of the states given to the Central Government by the Constitution According to Wheare, in practice the Constitution of India is quasi-federal in nature and not strictly federal.
Sir Ivor Jennings was of the view that India has a federation with a strong centralizing policy. In the words of D. Basu The Constitution of India is neither purely federal nor unitary, but is a combination of both.
It is a union or a composite of a novel type. The Indian Constitution is not only regarded as Federal or Unitary in the strict sense of the terms. It is often defined to be quasi-federal in nature also.
Throughout the Constitution, emphasis is laid on the fact that India is a single united nation. India is described as a Union of States and is constituted into a sovereign, secular, socialist, democratic republic.
As opposed to this is the opinion of some scholars who regard the Indian Constitution to be unitary in nature. It has been argued that the Indian Constitution does not satisfy certain essential tests of federalism, namely- the right of the units to make their own Constitution and provision of double citizenship.
Further, in the three-fold distribution of powers, the most important subjects have been included in the Union list, which is the longest of the three lists containing 97 items.
Even regarding the Concurrent list, Parliament enjoys an overriding authority over the State Legislatures. Article empowers the Union Parliament to make laws implementing any treaty, agreement or convention with another country or any decision made at any international conference, association, or other body.
Some of the other Constitutional provisions, which are often quoted in favour of the Unitary status of the Indian Constitution are- emergency powers of the president to declare national emergency or declaring emergency in a state in the event of failure of Constitutional machinery, the appointment of governors, unification of judiciary and the dependence of the States on the Centre for finance.
The power of the Union to alter the names and territory of the states, to carry out Constitutional amendments and to affect co-ordination among the States and settle their mutual disputes is also regarded as an indicator of the unitary character of the Indian Constitution.
It should be remembered that the aforementioned provisions in the Constitution are aimed at establishing a working balance between the requirements of national unity and autonomy of the States.
Dr Ambedkar, one of the architects of the Indian Constitution, rightly prophesied: Our Constitution would be both unitary as well as federal according to the requirements of time and circumstances. Constitutional Intent Being aware that not withstanding a common cultural heritage, without political unity, the country would disintegrate under the pressure of fissiparous forces, the Constituent Assembly addressed itself to the immensely complex task of devising a Union with a strong Centre.
In devising the pattern of the Centre State relations they were influenced by the Constitutions of Canada and Australia which have a Parliamentary form of government and America which has a Presidential form of government.20 major salient features of Indian Constitution. The constitution of India is a perfect balance of rigidity and flexibility, rights and duties, centre and state.
S.7/12/ Main Features of Indian Constitution Important India Fourth feature of Indian Constitution is that though India has a written constitution which is a federal necessity. our constitution also provides a number of Directive Principles.
it is essential that the state remains neutral between religions. From to , the Cherokees effectively resisted ceding their full territory by creating a new form of tribal government based on the United States government.
The Indian Constitution is a written document containing Articles and 12 schedules, and therefore, fulfils this basic requirement of a federal government. In fact, the Indian Constitution is the most elaborate Constitution of the world. 2.
Supremacy of the Constitution: India’s Constitution is. Nature of The Indian Constitution,Judicial Exposition: The Constitution of India is not an end but a means to an end, not mere democracy as a political project but a socio-juridical process which opens up through a humanist, radical social order, the opportunity to unfold the full personhood of every citizen.
The 13th amendment abolished slavery and the 14th amendment provided that representation would be determined according to the whole number of persons in each state, not by the “three-fifths” of the slaves.