Salient Features Flashcards
Original Constitution contained how many articles and schedules?
395 Articles( 22 parts] 8 schedules
4 Factors for the big size of constitution
- Geographic factors
- Historic factors
- Single Constitution
- Dominance of legal luminaries
Sources
SA-amendment US-FR Canada- Irish-DPSP British-Political Part(Cabinet,excecutive and legislature) 1935 Act
1935 inspiration
Federal system Judiciary Governors Emergency Power Public service commission
Blend of rigidity and flexibility
Not Rigid nor flexible.
Rigid-need special provision for amendment
Flexible-can amend using ordinary law
India- two types of amendment:
- special majority and special majority with ratification by states
- simple majority.
special majority
- 2/3 (present and voting)
- 50%attendance
simple
- 50% (present and voting)
- 1/10th (total members)-quoram
Federal features
Two government Division of power Written constitution Rigidity of Constitution Independent Judiciary Supremacy of Constitution Bicameralism
Non federal features/strong centre
Integrated Judiciary Flexibility of Constitution Strong centre Single Constitution Appointment of state governor by centre All india services Emergency provisions
Parliamentary Form of Government
Westminister
Presence of nominal and real executive
Majority party rule
Collective responsibility of executive to legislature
Membership of ministers in parliament
leadership of the prime minister/chief minister
Dissolution of lower house.
Synthesis of Parliamentary Sovereignty and Judicial Supremacy
SC- can declare parliamentary laws invalid
Parliament-can amend most of the constitution
Provision to ensure independence of judiciary
Security of tenure
fixed service condition
SC expense covered by CFI
prohibition o discussion on the judges in the legislature
court contempt
separation of judiciary from the executive.
