Salient Features Of The Constitution Flashcards
Mini Constitution?
42nd amendment act 1976
Salient feature of the Constitution
Lengthiest written constitution, drawn from various sources, blend of rigidity and flexibility, federal system with unitary bias, Parliamentary form of government, synthesis of Parliamentary sovereignty and judicial supremacy, integrated and independent judiciary, fundamental rights, directive principles, fundamental duties, a secular state, universal adult franchise, single citizenship, independent bodies, emergency provisions, three tier government, cooperative societies
Reasons for the elephantine size of our constitution
Geography (vastness, and its diversity), historical factor(influence of GOI act of 1935), single constitution for both state and Centre, dominance of legal luminaries.
Structural part of the Constitution derived from
GOI act 1935
Philosophical part derived from
FR - USA, DPSP - IRELAND.
Political part derived from and what it means?
British constitution. (Cabinet government and the relations between the executive and the legislature).
Unitary features of the Indian constitution are
Single Constitution, strong centre, single citizenship, flexibility of the Constitution, integrated judiciary, Governor, AIS, emergency provisions
Indian constitution has been described as federal but unitary in spirit spirit,, quasi federal, bargaining federalism, cooperative federalism, federation with a centralising tendency because
States do not have right to secede from the Federation.
Parliamentary system is based on the principle of
Cooperation and coordination between the legislative and executive organs.
Parliamentary system is also known
West Minister model of government, responsible government, and cabinet government
Features of Parliamentary government in India are
Presence of nominal and real executive, majority party rule, collective responsibility of E to L, membership of the ministers in the L, leadership of the PM, DISSOLUTION OF LOWER HOUSE.
Indian Parliament is sovereign, true or false
False
Doctrine of sovereignty of Parliament is associated with
British parliament
Principle of judicial supremacy is associated with
American Supreme Court
Scope of judicial review power of the Supreme Court in India is narrower than that of what exist in US because
American Constitution provides for due process of law against that of the procedure established by law contained in the Indian constitution (article 21).
Integrated judiciary means
Supreme Court at top, below it HC, Subordinate courts. And this single system of court enforces both central law as well as the state laws
The guarantor of the fundamental rights and guardian of the constitution is
Supreme Court
Independent judiciary means
Security of tenure, fixed salary and service condition, CFI, PROHIBITION ON DISCUSSION ON THE CONDUCT OF JUDGES IN THE LEGISLATURE, BAN ON THE PRACTICE AFTER RETIREMENT, CONTEMPT, SEPARATION OF J FROM L
________Are meant to promote the idea of political democracy
Fundamental rights
All Fundamental rights are not absolute and subject to reasonable restriction. True or false?
True
All fundamental rights can be suspended during national emergency
False, art 20 & 21 cannot be suspended.
______ are novel feature, and according to whom?
DPSP by Ambedkar
______ are meant to promote social and economic democracy?
DPSP
_____ seek to establish a welfare state in India
DPSP
_____are non justiciable and not enforceable.
DPSP
______ are fundamental in the governance of the country
DPSP
In which case the Supreme Court held that the Indian constitution is founded on the bedrock of the balance between fundamental rights and DPSP
Minerva mills case 1980
Original constitution provide for the fundamental duties of the citizens
False
FD were added by and on whose recommendation?
42nd amendment 1976 on the recommendation of Swarn Singh committee
Preamble secure to all citizen of India, liberty of
Faith, belief , and worship
Voting age was reduced to 18 years from 21 years by
61st CAA of 1988
Bulworks of the democratic system of government of India
Election commission, CAG, UPSC, SPSC.
Article 352
National emergency on the ground of war or external aggression or armed rebellion
Federal structure converted into a unitary one without a formal amendment of the Constitution during
Emergency
Which amendment have added a third tier of government?
The 73rd and 74th CAA 1992
Part IX of the Constitution and schedule 11
Panchayat
Part IX-A & schedule 12
Urban local government
Second schedule Related to
A emolument, allowances & privileges of : President, governor, speaker and deputy speaker, chairman and deputy chairman, judges of Supreme Court, High Court and CAG
Third schedule deals with
Affirmations and oath of : ministers, MPs judge of the Supreme Court CAG state minister judges of the High Court, MLAs
Features borrowed from GOI act of 1935
Federal scheme, office of Governor judiciary, public service commission, emergency provisions, and administrative details
Features borrowed from British constitution
Parliamentary government, rule of law, legislative procedure, single Cabinet system, prerogative writs, Parliamentary privileges, and bicameralism
Features borrowed from US Constitution
F R, Independence of judiciary, judicial review, impeachment of president, removal of Supreme Court and High Court judges and post of vice president.
Features borrowed from Irish Constitution
DPSP, nomination of members to the Rajya Sabha & method of election of president
Features borrowed from Canadian constitution
Federation with a strong centre, West of residuary powers in the, appointment of state governor by the centre, advisory jurisdiction of Supreme Court
Features borrowed from Australian constitution
Concurrent list, freedom of trade, commerce, and intercourse, joint sitting of two houses of Parliament.
Suspension of fundamental rights during emergency is borrowed from
Weimar Constitution of Germany
FD and ideal of justice in the preamble is borrowed from
USSR constitution
Republican ideals of liberty, equality, and fraternity in the preamble is borrowed from
French Constitution
Features borrowed from South African constitution
Procedure of amendment of constitution and election of members of Rajya Sabha.
Procedure established by law taken by
Japanese and UK Constitution.
97th CAA of 2001 gave a constitutional status and protection to
Cooperative societies.
