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Indian Polity

The Indian polity is a federal, parliamentary democracy. The legislative branch, the Parliament, consists of the Lok Sabha (lower house) and the Rajya Sabha (upper house), with the Lok Sabha being the more powerful.

India’s federal structure grants significant autonomy to its 28 states and 8 union territories, each with its own elected government and legislative assembly.
ocal governance is further decentralized through the Panchayati Raj system, empowering communities at the district, block, and village levels.

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Home/Indian Polity/Page 27

Mains Answer Writing Latest Questions

Aisha Kapoor
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Aisha Kapoor
Asked: July 16, 2024In:
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Examine how various social, religious, and linguistic groups are represented and involved in Indian politics as guaranteed by the constitution. Talk about the procedures that guarantee inclusive governance.

upsc: features of indian constitution
  1. Harish Sharma
    Harish Sharma Begginer

    The Indian Constitution enshrines the principles of representation and participation of diverse social, religious, and linguistic communities to ensure inclusive governance. This commitment is reflected in various constitutional provisions and mechanisms designed to promote equity and accommodate thRead more

    The Indian Constitution enshrines the principles of representation and participation of diverse social, religious, and linguistic communities to ensure inclusive governance. This commitment is reflected in various constitutional provisions and mechanisms designed to promote equity and accommodate the country’s vast diversity. Here is an analysis of these aspects:

    Representation and Participation in the Indian Polity
    Social Communities
    Scheduled Castes (SCs) and Scheduled Tribes (STs):

    Reservations: Articles 330 and 332 provide for the reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies, respectively.
    Promotion in Services: Article 16(4) allows the state to make provisions for the reservation of appointments or posts in favor of any backward class of citizens.
    National Commissions: The National Commission for Scheduled Castes and the National Commission for Scheduled Tribes (Articles 338 and 338A) are established to monitor the safeguards provided for these communities and to investigate specific complaints.
    Other Backward Classes (OBCs):

    Reservations: Article 15(4) allows the state to make special provisions for the advancement of any socially and educationally backward classes, which includes OBCs.
    National Commission for Backward Classes: Established to advise on the inclusion and exclusion of OBCs from the list of socially and educationally backward classes and to examine complaints regarding their inclusion or exclusion.
    Religious Communities
    Secularism:

    Fundamental Right to Freedom of Religion: Articles 25 to 28 guarantee the right to freedom of religion, including the freedom to practice, profess, and propagate religion.
    Equality and Non-discrimination: Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
    Minority Rights:

    Cultural and Educational Rights: Articles 29 and 30 protect the rights of minorities to conserve their culture and establish and administer educational institutions of their choice.
    National Commission for Minorities: Established to safeguard the interests of religious minorities and to address their grievances.
    Linguistic Communities
    Official Language and Language of Communication:

    Eighth Schedule: Recognizes 22 languages, ensuring their use and development.
    Article 343: Hindi is designated as the official language of the Union, but English continues to be used for official purposes.
    Article 350A: Provides for instruction in the mother tongue at the primary stage of education.
    Protection of Linguistic Minorities:

    Article 350B: Provides for a Special Officer for Linguistic Minorities to investigate and report on matters relating to the safeguards for linguistic minorities.
    Mechanisms for Ensuring Inclusive Governance
    Reservation Policies:

    Political Representation: Reservation of seats in legislatures ensures that marginalized communities have a voice in the legislative process.
    Educational and Employment Opportunities: Reservation in educational institutions and public sector jobs promotes the social and economic upliftment of underrepresented communities.
    Autonomous Councils and Local Governance:

    Panchayati Raj Institutions (PRI): The 73rd Amendment Act provides for the establishment of Panchayats (village councils) with reserved seats for SCs, STs, and women, ensuring their participation in local governance.
    Urban Local Bodies (ULB): The 74th Amendment Act provides for the establishment of Municipalities with similar reservation provisions for marginalized communities and women.
    Autonomous Councils: In regions with significant tribal populations, autonomous councils have been established to allow self-governance and preserve tribal culture and traditions.
    Commissions and Committees:

    National Commissions: Various national commissions (for SCs, STs, OBCs, Minorities, and Women) monitor the implementation of constitutional safeguards, investigate complaints, and advise on policy matters.
    Parliamentary Committees: Standing Committees on Social Justice and Empowerment, and other relevant committees, scrutinize policies and legislation affecting diverse communities.
    Judicial Safeguards:

    Public Interest Litigation (PIL): Allows individuals and groups to approach the courts for the enforcement of fundamental rights and constitutional provisions, ensuring judicial oversight of executive actions.
    Supreme Court and High Courts: Interpret constitutional provisions and ensure that the rights of diverse communities are protected.
    Conclusion

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Manoj Singh
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Manoj SinghLearner
Asked: July 16, 2024In:
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Talk about how the Preamble influenced the core ideals and tenets of the Indian Constitution. Examine the interpretations of the Preamble and their impact on the development of constitutional jurisprudence.

upsc: features of indian constitution
  1. Anishka Ray
    Anishka Ray Begginer

    The Preamble of the Indian Constitution encapsulates its core ideals: sovereignty, socialism, secularism, democracy, republicanism, and the principles of justice, liberty, equality, and fraternity. These ideals guide the entire document and influence constitutional interpretation. Key Judicial InterRead more

    The Preamble of the Indian Constitution encapsulates its core ideals: sovereignty, socialism, secularism, democracy, republicanism, and the principles of justice, liberty, equality, and fraternity. These ideals guide the entire document and influence constitutional interpretation.

    Key Judicial Interpretations:

    • Kesavananda Bharati Case (1973): Declared the Preamble as part of the Constitution, establishing that its basic structure cannot be altered.
    • S.R. Bommai Case (1994): Emphasized secularism and federalism as fundamental principles.
    • Minerva Mills Case (1980): Highlighted the balance between Fundamental Rights and Directive Principles, protecting the Constitution’s basic structure.

    These cases reinforced the inviolability of the Preamble’s principles, preventing arbitrary amendments, and ensuring justice, liberty, equality, and fraternity in governance. The Preamble’s interpretation has guided the judiciary in preserving the democratic, secular, and socialist fabric of the nation, shaping India’s constitutional jurisprudence.

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Ronak Lal
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Ronak LalBegginer
Asked: July 16, 2024In:
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Examine how the Indian model of secularism—which differs from the concept of secularism in the West—was shaped by the Constitution. Examine the arguments and difficulties related to putting this philosophy into practice.

upsc: features of indian constitution
  1. Rony Singh
    Rony Singh Begginer

    The Constitution of India plays a crucial role in shaping the Indian model of secularism, which is distinct from the Western notion of secularism. The Indian Constitution guarantees religious freedom to all its citizens and ensures the state does not discriminate against any individual or communityRead more

    The Constitution of India plays a crucial role in shaping the Indian model of secularism, which is distinct from the Western notion of secularism. The Indian Constitution guarantees religious freedom to all its citizens and ensures the state does not discriminate against any individual or community on the basis of religion. This idea of secularism in India is often referred to as “principled distance” – where the state maintains equal distance from all religions and treats all citizens equally regardless of their religious beliefs.

    One of the key aspects of the Indian model of secularism is the idea of “positive secularism,” which involves the state actively promoting religious harmony and understanding among different communities. This is reflected in the Constitution through provisions like Article 25, which guarantees individuals the right to freely profess, practice, and propagate their religion. Additionally, the state is mandated to intervene in religious matters to ensure social reform and equality among citizens.

    However, the implementation of secularism in India has been a subject of debate and challenge. One of the major challenges is the issue of religious identity politics, where politicians and political parties use religious rhetoric to mobilize voters along religious lines. This has led to communal tensions and conflicts in the country, undermining the principles of secularism.

    Another challenge is the issue of state intervention in religious matters, where the government’s policies and actions have sometimes been seen as favoring or discriminating against certain religious groups. This has led to accusations of appeasement and bias, further complicating the implementation of secularism in India.

    Furthermore, the rise of religious fundamentalism and extremism poses a threat to the secular fabric of Indian society. Instances of communal violence and religious discrimination have highlighted the need for a more robust implementation of secularism to protect the rights and freedoms of all citizens.

    In conclusion, the Indian model of secularism, as enshrined in the Constitution, is distinct from the Western notion of secularism and places a strong emphasis on religious harmony and equality among citizens. However, challenges and debates surrounding its implementation persist, requiring continuous efforts to uphold the principles of secularism and ensure religious freedom for all.

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Gaurav Reddy
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Gaurav ReddyBegginer
Asked: July 16, 2024In:
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Analyze the Indian Constitution’s protections for the rights of marginalized communities and linguistic and religious minorities. Talk about the arguments and difficulties involved in putting these protections in place.

upsc: features of indian constitution
  1. Rohini Singh
    Rohini Singh Begginer

    The Indian Constitution contains extensive provisions for the protection of the rights of linguistic and religious minorities, as well as marginalized communities. These safeguards were a crucial aspect of the constitution-making process, reflecting the nation's commitment to fostering a pluralisticRead more

    The Indian Constitution contains extensive provisions for the protection of the rights of linguistic and religious minorities, as well as marginalized communities. These safeguards were a crucial aspect of the constitution-making process, reflecting the nation’s commitment to fostering a pluralistic and inclusive society.

    Key Provisions for Minority and Marginalized Rights:

    1.Linguistic Minorities:

    • Article 29 provides for the protection of the distinct language, script, and culture of minorities.
    • Article 350A mandates the provision of adequate facilities for instruction in the mother tongue at the primary stage of education.
    • Article 347 allows for the use of a minority language in the administration and courts of a state, subject to certain conditions.

    2.Religious Minorities:

    • Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate one’s religion.
    • Article 26 grants religious denominations the right to establish and maintain institutions for religious and charitable purposes.
    • Article 28 prohibits religious instruction in state-funded educational institutions, ensuring a secular public education system.

    3.Marginalized Communities:

    • Articles 15 and 16 prohibit discrimination on the grounds of caste, race, religion, sex, or place of birth, and provide for the reservation of seats in government jobs and educational institutions.
    • Article 17 abolishes the practice of “untouchability” and its enforcement in any form.
    • Articles 330, 332, and 334 provide for the reservation of seats in the Parliament and state legislatures for Scheduled Castes and Scheduled Tribes.

    Challenges and Debates in Implementation:

    Despite the robust constitutional safeguards, the effective implementation of these provisions has faced several challenges over the years:

    1.Inadequate Enforcement: There have been concerns about the lack of strict enforcement mechanisms and the prevalence of discrimination and violence against minorities and marginalized communities in various parts of the country.
    2.Competing Priorities: The implementation of minority and marginalized rights has often been overshadowed by other political and economic priorities, leading to a lack of sustained focus and resources.
    3.Contentious Debates: The interpretation and application of these provisions have been the subject of ongoing debates, particularly regarding the scope of “reasonable restrictions,” the definition of “minority,” and the extent of affirmative action policies.
    4.Societal Attitudes: Deep-rooted prejudices and discriminatory mindsets within society have posed significant obstacles to the full realization of the constitutional safeguards.
    5.Regionalization of Issues: The challenges faced by minorities and marginalized communities can vary significantly across different states and regions, making a one-size-fits-all approach to implementation difficult.
    Ongoing Efforts and the Way Forward:

    Despite these challenges, there have been ongoing efforts to strengthen the implementation of minority and marginalized rights, including:

    • Strengthening the institutional mechanisms, such as the National Commission for Minorities and the National Commission for Scheduled Castes and Scheduled Tribes, to monitor and address violations.
    • Enhancing the judicial interpretation and expansion of the scope of these constitutional provisions through landmark court rulings.
    • Improving the representation and participation of minority and marginalized communities in decision-making processes at all levels of government.
    • Fostering greater awareness and sensitization within society to combat prejudices and promote a culture of inclusivity and respect for diversity.

    The protection of the rights of linguistic and religious minorities, as well as marginalized communities, remains a critical and ongoing challenge in India’s constitutional democracy. Sustained efforts and a holistic approach are necessary to ensure that the spirit and intent of these constitutional safeguards are fully realized, contributing to the creation of a truly inclusive and equitable society.

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Ananya Patel
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Ananya Patel
Asked: July 16, 2024In:
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Examine the constitutional dispute settlement procedures between the states and the Union or between the states themselves. Talk about the Supreme Court’s involvement in resolving these disputes.

upsc: features of indian constitution
  1. anjali rawat
    anjali rawat Begginer

    India has a federal system and hence it becomes important for union and state to work cooperatively. therefore, some constitutional mechanisms are  made to keep the relationship frictionless. article 245 to 293 specify the legislative , administrative and financial relations to avoid any overlappingRead more

    India has a federal system and hence it becomes important for union and state to work cooperatively. therefore, some constitutional mechanisms are  made to keep the relationship frictionless. article 245 to 293 specify the legislative , administrative and financial relations to avoid any overlapping of power. the  disputes are constitutionally solved through – inter state council under article 263 which inquires , investigate and make recommendations on the disputes between state and union or inter state, original jurisdiction of supreme court under article 131,  zonal council  and article 136 which allows the state government to move to courts for challenging the judgments of the tribunals specially in case of water disputes.

    supreme court under article 131 exercises its original jurisdiction to solve disputes directly. The dispute may be related to a law and legal rights. However the jurisdiction of supreme court can be excluded by a treaty or agreement.

    the court has exercised this power  in cases like West Bengal vs Gov of India 2017 etc.  The court can check the validity of law in terms of basic structure, violation of rights and excess of legislative competence. In doing so, court has made federal fabric of the constitution more strong.

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Abhishek Gupta
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Abhishek GuptaLearner
Asked: July 16, 2024In:
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To discuss the constitutional mechanisms of coordination and cooperation between the Union and the States, such as the Interstate Council and the Financial Commission. To analyze their role in promoting harmonious central state relations..

upsc: features of indian constitution
  1. Kanishka.
    Kanishka. Begginer

    The Indian Constitution envisages a federal structure with a strong centre, ensuring coordination and cooperation between the Union and the states through various constitutional mechanisms. Key among these are the Inter-State Council and the Finance Commission. The Inter-State Council, established uRead more

    The Indian Constitution envisages a federal structure with a strong centre, ensuring coordination and cooperation between the Union and the states through various constitutional mechanisms. Key among these are the Inter-State Council and the Finance Commission.

    The Inter-State Council, established under Article 263, serves as a platform for dialogue and consultation between the Union and states. It addresses disputes, discusses policies of common interest, and makes recommendations for better coordination. By facilitating open communication, the Council helps pre-empt conflicts and fosters mutual understanding.

    The Finance Commission, constituted under Article 280, is tasked with recommending the distribution of financial resources between the Union and the states. It ensures a fair allocation of central tax revenues, grants-in-aid, and addresses fiscal imbalances, thus promoting economic stability and equitable development across states.

    These mechanisms play a crucial role in maintaining harmonious centre-state relations. The Inter-State Council encourages cooperative federalism by enabling states to voice their concerns and participate in policy formulation. Meanwhile, the Finance Commission ensures financial autonomy and stability for states, reducing dependency on the central government.

    Together, these bodies strengthen the federal framework, uphold the principle of subsidiarity, and contribute to balanced national development, ensuring that both Union and state governments function cohesively towards common national goals.

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[Deleted User]
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[Deleted User]
Asked: July 16, 2024In: ,
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Discuss the principles on which Constitutional Assembly framed DPSPs.

  1. Vanshika Gupta
    Vanshika Gupta Begginer

    Directive principles of state policy ( DPSP) is one of the Novel features of Indian constitution which aims to wage the path for a just and equitable society. The Indian Constitution is often referred to as a "Bag of Borrowings" because it draws inspiration from a wide array of sources and global prRead more

    Directive principles of state policy ( DPSP) is one of the Novel features of Indian constitution which aims to wage the path for a just and equitable society. The Indian Constitution is often referred to as a “Bag of Borrowings” because it draws inspiration from a wide array of sources and global practices to form its comprehensive framework. The idea of DPSP has been borrowed from the Irish constitution. The principles of DPSP are enshrined in Part IV of the constitution. It aims to promote the ideals of justice, liberty, equality and fraternity as outlined in the preamble. They embody the concept of welfare state.
    Key principles behind the framing of DPSP:
    Socialist Principles:
    These principles outline the framework of a democratic socialist state, aiming to provide social and economic justice and pave the way for a welfare state.The articles in DPSP which follows the socialist principles are – Article 38, Article 39, Article 39 A, Article 41, Article 42, Article 43, Article 43 A and Article 47
    Gandhian Principles:
    These principles, influenced by Gandhian ideology and the program of reconstruction outlined by Gandhi during the national movement. They direct the State through these articles – Article 40, Article 43, Article 43 B, Article 46, Article 47 and Article 48.
    Western Liberal Principles:
    These principles follow the ‘Liberalism’ ideology.
    The articles which follow this approach in DPSP are – Article 44, Article 45, Article 48, Article 48 A, Article 49, Article 50 and Article 51.
    Conclusion:
    They are not enforceable by any legal action but rather guide the State policy makers in formulating various policies and laws recognized as social or economic rights.
    Directive Principles of State Policy (DPSP) is a policy statement, which helps in securing the welfare of every citizen. It is an instrumental doctrine, which shall serve as the basis to ensure justice and social economic values as enshrined under the Constitution of India.

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Khushi
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KhushiBegginer
Asked: July 17, 2024In:
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Discuss the significance of the Directive Principles of State Policy in the Indian Constitution. How have these principles been used to promote social and economic development?­

  1. Arushi Vaishnav
    Arushi Vaishnav
    This answer was edited.

    Directive Principle of State Policy (DPSP) present in Part V of the constitution was included with the agenda of creating a welfarist state. The significance of DPSP is :- 1. It ensures socio-economic democracy with political democracy as preached by Dr. B.R. Ambedkar. 2. It tries to establish IndiaRead more

    1. Directive Principle of State Policy (DPSP) present in Part V of the constitution was included with the agenda of creating a welfarist state. The significance of DPSP is :-

    1. It ensures socio-economic democracy with political democracy as preached by Dr. B.R. Ambedkar.

    2. It tries to establish Indian state a welfare state by ensuring socio-economic justice.

    3. It creates accountability of state to its citizen.

    4. It act as guidelines for state to perform its welfarist function.

    5. It also focuses on environment protection, international peace and promote education.

    6. It focuses on societal welfare apart from individual rights mention in Part 3 of the constitution.

    There a various policy and programs of the government which reflects its application of DPSP such as :-

    1. MNREGA

    2. 73rd Amendment Act establish village panchayats

    3. ICDS Aanganwadi

    4. Mid day meal scheme

    5. Trade union act

    6. Pension scheme

    The current debate around Article 44 of DPSP where application of Uniform Civil Code (UCC) is suggested is a heated debate. There are plethora of such examples where government has took inspiration from DPSP and applied it not only for welfare but also for socio-economic development of its citizen.

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Versha Malik
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Versha Malik
Asked: July 17, 2024In:
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Examine the role of the Federalism in shaping the Indian polity. Analyse the impact of the Federalism in Indian political system.

federalism
  1. Kritika Pandey
    Kritika Pandey Begginer

    Role of Federalism in Shaping the Indian Polity 1. Constitutional Framework: • The Indian Constitution provides a clear demarcation of powers between the Union and State governments through the Union List, State List, and Concurrent List. This ensures a structured division of responsibilities. • TheRead more

    Role of Federalism in Shaping the Indian Polity

    1. Constitutional Framework:
    • The Indian Constitution provides a clear demarcation of powers between the Union and State governments through the Union List, State List, and Concurrent List. This ensures a structured division of responsibilities.
    • The Union List contains subjects of national importance like defense, foreign affairs, and atomic energy, while the State List includes subjects like police, public health, and agriculture. The Concurrent List contains subjects where both the Union and the State governments can legislate, such as education and marriage.

    2.Autonomy and Unity:
    • Federalism allows states to enjoy a degree of autonomy in governance, enabling them to cater to local needs and preferences.
    • At the same time, it maintains the unity and integrity of the nation by ensuring a strong central authority to handle issues of national importance.

    3. Accommodating Diversity:
    • Federalism in India is crucial for managing the country’s linguistic, cultural, and regional diversity. States have the authority to enact laws and policies that reflect local customs and practices.
    • The linguistic reorganization of states in the 1950s and 1960s is an example of federalism adapting to the demands of regional identity.

    4. Conflict Resolution:
    • The federal structure provides a mechanism for resolving conflicts between the center and the states. Institutions like the Inter-State Council and the Finance Commission play significant roles in this regard.

    Impact of Federalism on the Indian Political System

    1. Political Decentralization:

    • Federalism has led to the decentralization of power, empowering state governments and local bodies. This has increased political participation at the grassroots level and brought governance closer to the people.
    • The 73rd and 74th Constitutional Amendments, which established Panchayati Raj Institutions (rural local governments) and Urban Local Bodies, respectively, are significant milestones in this process.

    2. Center-State Relations:

    The dynamics of center-state relations are a crucial aspect of Indian federalism. Issues such as the implementation of central schemes, allocation of financial resources, and emergency provisions (like President’s Rule) often create tensions.
    • Institutions like the Finance Commission play a vital role in ensuring a fair distribution of financial resources between the center and the states, thus impacting their fiscal autonomy.

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Sunila S Nair
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Sunila S NairBegginer
Asked: July 17, 2024In:
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Briefly explain the salient features of Indian Constitution.

  1. Thrisha Pradeep
    Thrisha Pradeep Begginer

    The constitution of  India was framed by the Constituent assembly set up under the Cabinet Mission Plan of 1946. The Constituent Assembly set up 13 committees for framing the constitution. On the basis of the reports of these committees, a draft of the constitution was prepared by seven member commiRead more

    The constitution of  India was framed by the Constituent assembly set up under the Cabinet Mission Plan of 1946. The Constituent Assembly set up 13 committees for framing the constitution. On the basis of the reports of these committees, a draft of the constitution was prepared by seven member committee under the chairmanship of Dr B.R Ambedkar.

    Salient features of Indian Constitution;

    1)The bulkiest constitution of the world- consists  of 444 articles divided into 25 parts and 12 schedules.

    2) Rigid and flexible -while some provisions of the constitution can be amended by the parliament by a simple majority,others require a two-third majority of the members of the parliament as well as majority in the state legislature.

    3) Parliamentary system of Government – at both the centre and states. In the system, prime minister and his council of  ministers are responsible for all their actions to the government.

    4) Bicameral legislature – at centre consisting of Lok Sabha and Raj Sabha.

    5)Federal system with unitary base- the Indian federal structure acquires a military character during an emergency, where the normal distribution of powers between the center and states undergoes vital changes.

    6) Fundamental rights and duties- Indian Constitution contains an elaborate list of fundamental rights and duties. Part 3 of the constitution establishes fundamental rights (article 12-35). Fundamental duties were not included in the original Constitution,these duties were added to the constitution by 42nd Amendment in 1976 and 86th Amendment in 2002.

    7) Directive Principles of state policy- these principles seek to provide a social and economic basis for democracy and establishment of the welfare state.

    8) Secular state -means that there is no state religion and state is completely detached from religious dogmas.

    9) Independent Judiciary – the constitutions provides an independent judiciary which ensures that government is carried out in accordance with the provisions of the constitution.

    10) Universal Adult Franchise – right to vote all citizens above 18 years of age without discrimination.

    11) Emergency powers- constitution vest extra ordinary powers in the President during emergencies arising out of armes rebellion or external aggression, emergency due to breakdown of constitutional machinery in state and financial emergency where credit of the country is threatened.

    12) Single Citizenship – whoever obtains the Citizenship rights of another nation instantly loses their Indian citizenship.

     

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