📌CONSTITUTIONAL AMENDMENT
🔸 Constitution is one that requires a special procedure for its amendment, as for example, the American Constitution.
🔸A flexible constitution, on the other hand, is one that can be amended in the
same manner as the ordinary laws are made, as for example, the British Constitution.The Constitution of India is neither rigid nor flexible, but a synthesis of both.
📌FEDERAL SYSTEM WITH UNITARY
🔸The Constitution of India establishes a federal system of Government. It contains all the usual features of a federation, viz., two Government, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.
🔸However, the Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre,all-India services, emergency provisions and so on.
📌PARLIAMENTARY FORM OF GOVERNMENT
🔸The Constitution of India has opted for the British Parliamentary System of Government rather than American Presidential System of Government.
🔸The parliamentary system is based on the principle of co-operation and co-ordination between the legislative and executive organs while the presidential system is based on the doctrine of separation of powers between the two organs.
📌Sovereignty and Judicial Supremacy
🔸The doctrine of sovereignty of Parliament is associated with the British Parliament, while the principle of judicial supremacy with that of the American Supreme Court.
🔸 Just as the Indian parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in US.
🔸 This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).
📌INTEGRATED AND INDEPENDENT JUDICIARY
🔸The Indian Constitution establishes a judicial system that is integrated as well as independent. The Supreme Court stands at the top of the integrated judicial system in the country.
🔸 Below it, there are high courts at the state level. Under a high court, there is a hierarchy of subordinate courts, that is, district courts and other lower courts.
🔸This single system of courts enforces both the central laws as well as the state laws, unlike in USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary.
📌FUNDAMENTAL RIGHTS
🔸Part III of the Indian Constitution guarantees six11 fundamental rights to all the citizens:
(a) Right to Equality (Articles 14–18);
(b) Right to Freedom (Articles 19–22);
(c) Right against Exploitation (Articles 23–24);
(d) Right to Freedom of Religion (Articles 25–28);
(e) Cultural and Educational Rights (Articles 29–30); and
(f) Right to Constitutional Remedies (Article 32).
📌 DIRECTIVE PRINCIPLES OF STATE POLICY
🔸According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.
🔸They are enumerated in Part IV of the Constitution. They can be classified
into three broad cat-egories–socialistic, Gandhian and liberalintellectual.
🔸The Directive Principles are meant for promoting the ideal of social and economic democracy. They seek to establish a ‘welfare state’ in India
📌 FUNDAMENTAL DUTIES
🔸The original constitution did not provide for Fundamental Duties of the citizens. These were added during theoperation of internal emergency(1975-77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of theSwaran Singh Committee.
🔸The Part IV-A of the Constitution (which consists of only one Article 51-A) specifies the eleven Fundamental Duties viz., to respect the Constitution, national flag and national anthem; to protect the sovereignty, unity and integrity of the country; to promote the spirit of common brotherhood amongst all the people; to preserve the rich heritage of our composite culture and so on.
