Polity 3 - Features of the Indian constitution Flashcards
Out of 395 articles how many are functional articles?
Only 150 are functional articles while the remaining are all enabling articles
Which is the bulkiest and largest written constitution in the world
Indian constitution
Schedules in the Indian constitution
- Names of the states and union territories and the extent of their boundaries
- Salaries of P,VP etc
- Oaths and affirmations
- Allocation of seats to the Rajya Sabha
- Provisions for administration of tribal and scheduled areas
- Provisions for administration of Scheduled tribes in Asom, Mizoram, Manipur and Tripura
- Division of power between Centre and states
- Official languages
- Land reforms
- Anti defection law
- Functioning of Panchayats
- Functioning of municipalities
What was the Indian constitution criticised as
It was criticised as a “patchwork “ and a “borrowed constitution “ but in reality even though many aspects of the constitution were borrowed,they were suitably modified to meet the needs of the country
What is the Indian constitution a mix of
A mix of flexibility and rigidity
Indian has adopted a federal system with __________ bias
Unitary bias
What are the federal features that can been seen in Indian polity
2 governments Division of power Written and rigid constitution Independent judiciary Bicameralism
What are the unity features seen in Indian polity?
Strong centre Single constitution Single citizenship All India services Emergency provision
Who called the Indian polity as “ Cooperative Federalism”?
Granville Austin
Who referred to the Indian system as “ federation with centralising tendency”?
Ivor Jennings
How is India a hybrid of Parliamentary sovereignty and judicial supremacy?
Indian Parliament is not a sovereign parliament like the British Parliament nor do Indian courts have the judicial supremacy as seen in the USA.
The Supreme Court can keep the parliamentary laws in check with the power of judicial review while the parliament can amend most of the constitution using its amending powers.
Explain the integrated and independent judiciary of India
Supreme Court
I
State High courts
I
District courts
This single system of courts in India can enforce both central and state laws unlike the US where the federal court enforces only federal law while state courts enforce state laws.
Explain the features of Supreme Court
- Highest court of appeal in India
- It is the guarantor of the Fundamental Rights of the people
- It is the guardian of the constitution
What provisions have been made so the judiciary is protected in India?
Fixed tenure of judges
Fixed service conditions
All charges incurred by the SC are charged on Consolidation Fund of India
Prohibition of discussion on conduct of judges in parliament
Power to punish for contempt against court
What are fundamental rights?
These are the rights of the citizens enshrined in the constitution which protect them from absolute and arbitrary use of power by the government
