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DEMO Chapter of IAS PRE (GS) Online Coaching
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Chapter in Detail:
The following are the salient features of the Indian Constitution:
Indian Constitution is a written Constitution. Written constitution is that which is drafted after a prolonged process of discussion by a representative body elected for this very purpose, for example Constituent Assembly of India (1946-49). An unwritten constitution, as in Britain, evolves from popular conventions, customs and traditions along with the social values and ideals.
1 : “Indian Constitution lacks originality and rather is drawn from other Constitutions of the world : Do you agree? Support your answer with reasonable arguments?
The Constituent Assembly, desirous of providing the best features in the Constitution, drew from many sources as shown below
Parliamentary form of government
Rule of law
Procedure of Law Making
United States Constitution
Charter of Fundamental Rights
Federal structure of government
Independence of the judiciary
Directive principles of state policy
Joint sitting of the Parliament
Ideals of Liberty, Equality and Fraternity
A quasi-federal form of government a federal system with a strong central government
The idea of Residuary Powers with centre
Constitution of the Soviet Union
Fundamental Duties (Art. 51-A) on the recommendations of Sardar swaran Singh Committee (1976)
Emergency Provision from Weimar Constitution
Amendment of Constitution from South Africa
2 : Indian Constitution is the most voluminous in the world. Discuss?
Indian Constitution is the lengthiest in the world in terms of the number of articles. Originally, at the time of being adopted, it consisted of 395 articles but after 97 amendments (2012), it presently has more than 440 articles. There are 12 Schedules to amplify and support the contents in the Articles.
The reasons for the voluminous nature of the Constitution are
There are detailed provisions for various aspects of administration in order to minimise conflict and confusion.
Being a democratic country, there is a great need to lay down elaborately the rights of the individuals. Hence, there is a seperate chapter on Fundamental Rights.
A federal constitution has to detail the rights and jurisdictions of the centre and states. It is more so in India where much care is taken to spell out in detail the functions of the states and centre. The idea is to prevent any constitutional conflicts and crisis in the working of the Constitution
Since the Constitution draws from many Constitutions as shown above, it is bound to be lengthy.
The size and diversity of the country with a pluralist tradition require that Constitution promote the same with detailed provisions. For example, language policy.
Independent bodies Election Commission, Union Public Service Commission, Comptroller and Auditor General of India have been set up with elaborate provisions for powers, independence etc which are in other Constitutions not a part of the Constitution but only statutes.
3 : Presidential system of democracy can at best provide secondary solution to the existing challenges to the Indian parliamentary democracy. Critically examine the statement in light of recent developments?
The Constitution of India adopts Parliamentary system of democracy in order to represent the pluralist tradition and interests of the country. In the parliamentary form, members of legislature provide the executive. That is, the Council of Ministers who make up the executive are necessarily drawn from legislature in order to enforce the highest forms of popular accountability. The Council of Ministers is collectively responsible to the legislature. Council of Ministers enjoy power till they have support of the popular house Lok Sabha of India. There are many devices in the Constitution and various statutes and rules with the Parliament holds the executive answerable. As a last resort, no-confidence motion is provided to vote out the council of ministers and either replace it with another party or coalition or have a general election to the Lok Sabha.
4 : Indian polity is neither federal nor unitary. Examine the statement with examples from recent past.
The Constitution contains all the basic features of a federation as shown below
Set up a dual polity- the Union Government and the State Governments
Legislative, administrative and financial powers are divided between the two levels of government. All legislative powers are classified into three lists-the Union List, the4(9 votes)
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