The Constitution of India is quasi – federal where it has some federal characteristics and some unitary characteristics. In theory, it establishes a federal system by dividing powers between the central and state governments through three distinct lists in the Seventh Schedule: the three lists namelRead more
The Constitution of India is quasi – federal where it has some federal characteristics and some unitary characteristics. In theory, it establishes a federal system by dividing powers between the central and state governments through three distinct lists in the Seventh Schedule: the three lists namely the Union List, Stated List and Concurrent list. From this division, there seems to be a clear cuts federal structure guaranteeing that states are sovereign with regard to some issues. But in fact it can be seen that the constitution of Indian is has a tilt towards the unitary form. Some of these characteristic include; The Concurrent List that allows the central government to override the state laws, Article 356 giving the central government the power to dismiss state governments, Financial control and emergency powers are centralized, all of which show the unitary nature. Further, constitution provides the single constitution single citizenship and the power of the Parliament to redraw state boundaries to illustrate central dominance. Another feature depicts the structural aspect of unitary state that is the central government exercise of prerogatives in sensitive sectors such as defense, foreign affair, and communication, besides the Governor, being the representative of President in the state. Hence having federal structure at the constitution level the political system of India can be defined predominantly unitary due to centralisation of powers with the central government.
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The comment that India imitated or borrowed its Constitution from other countries lacks the insight to identify the thoughtfulness and meticulousness that went into the drafting of that Constitution. The Indian Constitution does have selective salient features borrowed from other constitutions, butRead more
The comment that India imitated or borrowed its Constitution from other countries lacks the insight to identify the thoughtfulness and meticulousness that went into the drafting of that Constitution. The Indian Constitution does have selective salient features borrowed from other constitutions, but that was done with great pondering and contemplation, as these features could be further adapted easily into the Indian social and political milieu and domain.
1. Varied Sources of Inspiration: The Indian Constitution has been influenced by several sources including the British, American, Irish, Canadian, Australian, etc. For example, the concept of Fundamental Rights has obtained directly and indirectly from the U.S. Bill of Rights whereas the parliamentary system of government is a carbon copy of that of Britain.
2. Tailored to Indian Needs: Those borrowed features were not merely the copy words; rather, those were to be altered in the light of Indian needs. The makers of the Constitution under the Chairmanship of Dr. B.R. Ambedkar very cautiously deliberated and then made amendments in them to be relevant to India’s peculiar problems and aspirations.
3. Comprehensive and Original Framework: It is a broad document and contains the uniquity in the sense that, under the Constitution, provision for social justice, federalism, and the detailed Fundamental Duties list is relatively unique to India and nowhere else.
4. Innovative Provisions: It includes innovative provisions such as the Directive Principles of State Policy, which provide guidelines for the government to lay down the laws regarding the social and economic welfare of the people.
However, the Indian Constitution ventured only to draw from the earlier precedents. It was an original document, carved dethe only way possible to deal with the multiple and complicated needs of the country.
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