Page 1
FEATURES OF INDIAN
CONSTITUTION
FEATURES OF INDIAN
CONSTITUTION
Page 2
FEATURES OF INDIAN
CONSTITUTION
FEATURES OF INDIAN
CONSTITUTION
Constituent Assembly and Constitution:
Constitution of India was impacted by the manner in which
processes involved impacted the features and philosophy
main processes were involved in Constitution making:
Consensus
Accommodation
Consensus was the aim of decision making process. It is
than the majority principle. Where they failed to reach
seen on numerous fronts such as language issue- Hindi
was emphasised in the mundane procedures of the
Constituent Assembly had eight major Committees on
Prasad, Sardar Patel or B.R. Ambedkar chaired these Committees
on many things. Ambedkar had been a bitter critic
enough for the upliftment of Scheduled Castes. Patel and
worked together. Each Committee usually drafted particular
subjected to debate by the entire Assembly. Usually an
provisions agreed to by all, would not be detrimental
Constituent Assembly and Constitution:
which it was formulated by the Constituent Assembly
of the Indian Constitution. According to Granville Austin
is both an ethical and effective way of making decisions
reach consensus, there would be debates and discussion
Hindi and national language etc. The importance of
the Assembly as well.
on different subjects. Usually, Jawaharlal Nehru, Rajendra
Committees. These were not men who agreed with
of the Congress and Gandhi, accusing them of not
and Nehru disagreed on many issues. Nevertheless, they
particular provisions of the Constitution which were
attempt was made to reach a consensus with the
detrimental to any particular interests.
Page 3
FEATURES OF INDIAN
CONSTITUTION
FEATURES OF INDIAN
CONSTITUTION
Constituent Assembly and Constitution:
Constitution of India was impacted by the manner in which
processes involved impacted the features and philosophy
main processes were involved in Constitution making:
Consensus
Accommodation
Consensus was the aim of decision making process. It is
than the majority principle. Where they failed to reach
seen on numerous fronts such as language issue- Hindi
was emphasised in the mundane procedures of the
Constituent Assembly had eight major Committees on
Prasad, Sardar Patel or B.R. Ambedkar chaired these Committees
on many things. Ambedkar had been a bitter critic
enough for the upliftment of Scheduled Castes. Patel and
worked together. Each Committee usually drafted particular
subjected to debate by the entire Assembly. Usually an
provisions agreed to by all, would not be detrimental
Constituent Assembly and Constitution:
which it was formulated by the Constituent Assembly
of the Indian Constitution. According to Granville Austin
is both an ethical and effective way of making decisions
reach consensus, there would be debates and discussion
Hindi and national language etc. The importance of
the Assembly as well.
on different subjects. Usually, Jawaharlal Nehru, Rajendra
Committees. These were not men who agreed with
of the Congress and Gandhi, accusing them of not
and Nehru disagreed on many issues. Nevertheless, they
particular provisions of the Constitution which were
attempt was made to reach a consensus with the
detrimental to any particular interests.
The idea of consensus was helped as it had a background wherein certain principles were entrenched as
being the core of Indian polity. For decades preceding the promulgation of the Constitution, the
nationalist movement had debated many questions that were relevant to the making of the constitution
the shape and form of government India should have, the values it should uphold, the inequalities it
should overcome. Answers forged in those debates were given their final form in the Constitution.
Principle of accommodation provides the capability to
the federal and unitary systems in achieving a sui-generis model, membership of commonwealth and
being a republic, being a religious society and idea of secularism etc. Through this, a balanced
arrangement of the institutions of government was sought.
Apart from these two principles, a third may be seen as having evolved as a process for the Constituent
Assembly- the art of selection and modification. Different things were selected from various Assembly- the art of selection and modification. Different things were selected from various
constitutions and had to pass the test of applicability to India. These were modified and adapted to the
democratic government envisioned for India creating a stable polity to suit our diversities and pluralities.
Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions.
Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual
argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a
number of provisions from different countries. India was extremely lucky to have an Assembly that
instead of being parochial in its outlook could take the best available everywhere in the world and make
it their own.
The idea of consensus was helped as it had a background wherein certain principles were entrenched as
being the core of Indian polity. For decades preceding the promulgation of the Constitution, the
nationalist movement had debated many questions that were relevant to the making of the constitution
the shape and form of government India should have, the values it should uphold, the inequalities it
should overcome. Answers forged in those debates were given their final form in the Constitution.
Principle of accommodation provides the capability to reconcile incomparable concepts. It reconciled
generis model, membership of commonwealth and
being a republic, being a religious society and idea of secularism etc. Through this, a balanced
arrangement of the institutions of government was sought.
Apart from these two principles, a third may be seen as having evolved as a process for the Constituent
Different things were selected from various Different things were selected from various
constitutions and had to pass the test of applicability to India. These were modified and adapted to the
democratic government envisioned for India creating a stable polity to suit our diversities and pluralities.
Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions.
Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual
argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a
number of provisions from different countries. India was extremely lucky to have an Assembly that
instead of being parochial in its outlook could take the best available everywhere in the world and make
Page 4
FEATURES OF INDIAN
CONSTITUTION
FEATURES OF INDIAN
CONSTITUTION
Constituent Assembly and Constitution:
Constitution of India was impacted by the manner in which
processes involved impacted the features and philosophy
main processes were involved in Constitution making:
Consensus
Accommodation
Consensus was the aim of decision making process. It is
than the majority principle. Where they failed to reach
seen on numerous fronts such as language issue- Hindi
was emphasised in the mundane procedures of the
Constituent Assembly had eight major Committees on
Prasad, Sardar Patel or B.R. Ambedkar chaired these Committees
on many things. Ambedkar had been a bitter critic
enough for the upliftment of Scheduled Castes. Patel and
worked together. Each Committee usually drafted particular
subjected to debate by the entire Assembly. Usually an
provisions agreed to by all, would not be detrimental
Constituent Assembly and Constitution:
which it was formulated by the Constituent Assembly
of the Indian Constitution. According to Granville Austin
is both an ethical and effective way of making decisions
reach consensus, there would be debates and discussion
Hindi and national language etc. The importance of
the Assembly as well.
on different subjects. Usually, Jawaharlal Nehru, Rajendra
Committees. These were not men who agreed with
of the Congress and Gandhi, accusing them of not
and Nehru disagreed on many issues. Nevertheless, they
particular provisions of the Constitution which were
attempt was made to reach a consensus with the
detrimental to any particular interests.
The idea of consensus was helped as it had a background wherein certain principles were entrenched as
being the core of Indian polity. For decades preceding the promulgation of the Constitution, the
nationalist movement had debated many questions that were relevant to the making of the constitution
the shape and form of government India should have, the values it should uphold, the inequalities it
should overcome. Answers forged in those debates were given their final form in the Constitution.
Principle of accommodation provides the capability to
the federal and unitary systems in achieving a sui-generis model, membership of commonwealth and
being a republic, being a religious society and idea of secularism etc. Through this, a balanced
arrangement of the institutions of government was sought.
Apart from these two principles, a third may be seen as having evolved as a process for the Constituent
Assembly- the art of selection and modification. Different things were selected from various Assembly- the art of selection and modification. Different things were selected from various
constitutions and had to pass the test of applicability to India. These were modified and adapted to the
democratic government envisioned for India creating a stable polity to suit our diversities and pluralities.
Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions.
Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual
argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a
number of provisions from different countries. India was extremely lucky to have an Assembly that
instead of being parochial in its outlook could take the best available everywhere in the world and make
it their own.
The idea of consensus was helped as it had a background wherein certain principles were entrenched as
being the core of Indian polity. For decades preceding the promulgation of the Constitution, the
nationalist movement had debated many questions that were relevant to the making of the constitution
the shape and form of government India should have, the values it should uphold, the inequalities it
should overcome. Answers forged in those debates were given their final form in the Constitution.
Principle of accommodation provides the capability to reconcile incomparable concepts. It reconciled
generis model, membership of commonwealth and
being a republic, being a religious society and idea of secularism etc. Through this, a balanced
arrangement of the institutions of government was sought.
Apart from these two principles, a third may be seen as having evolved as a process for the Constituent
Different things were selected from various Different things were selected from various
constitutions and had to pass the test of applicability to India. These were modified and adapted to the
democratic government envisioned for India creating a stable polity to suit our diversities and pluralities.
Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions.
Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual
argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a
number of provisions from different countries. India was extremely lucky to have an Assembly that
instead of being parochial in its outlook could take the best available everywhere in the world and make
fact even while colonial rule of British was rejected,
form of Parliamentary system and its regimes. The
that this task of adaptation at hand was done with
society and its aspirations. Some of the borrowings include
British Constitution- First Past the Post ;Parliamentary
Institution of the Speaker and her/his role Law-making
Government of India Act of 1935- Federal Scheme,
Commissions, Emergency provisions and administrative
Constitution- Fundamental rights, independence Constitution- Fundamental rights, independence
president, removal of Supreme Court and high court judges
Irish Constitution- Directive Principles of State Policy,
election of President.
Canadian Constitution- Federation with a strong
appointment of state governors by the Centre, and advisory
Australian Constitution- Concurrent List, freedom of
two Houses of Parliament.
rejected, many institutions and conventions were borrowed
The drafting committee headed by Dr. Ambedkar
with great care keeping in mind the peculiarities of
include:
Parliamentary Form of Government; idea of the rule of
making procedure; parliamentary privileges; bicameralism
Scheme, Office of governor, Judiciary, Public Service
administrative details.
independence of judiciary, judicial review, impeachment of independence of judiciary, judicial review, impeachment of
judges and post of vice President.
Policy, nomination of members to Rajya Sabha and method
Centre, vesting of residuary powers in the Centre,
advisory jurisdiction of the Supreme Court.
of trade, commerce and intercourse, and joint sitting
Page 5
FEATURES OF INDIAN
CONSTITUTION
FEATURES OF INDIAN
CONSTITUTION
Constituent Assembly and Constitution:
Constitution of India was impacted by the manner in which
processes involved impacted the features and philosophy
main processes were involved in Constitution making:
Consensus
Accommodation
Consensus was the aim of decision making process. It is
than the majority principle. Where they failed to reach
seen on numerous fronts such as language issue- Hindi
was emphasised in the mundane procedures of the
Constituent Assembly had eight major Committees on
Prasad, Sardar Patel or B.R. Ambedkar chaired these Committees
on many things. Ambedkar had been a bitter critic
enough for the upliftment of Scheduled Castes. Patel and
worked together. Each Committee usually drafted particular
subjected to debate by the entire Assembly. Usually an
provisions agreed to by all, would not be detrimental
Constituent Assembly and Constitution:
which it was formulated by the Constituent Assembly
of the Indian Constitution. According to Granville Austin
is both an ethical and effective way of making decisions
reach consensus, there would be debates and discussion
Hindi and national language etc. The importance of
the Assembly as well.
on different subjects. Usually, Jawaharlal Nehru, Rajendra
Committees. These were not men who agreed with
of the Congress and Gandhi, accusing them of not
and Nehru disagreed on many issues. Nevertheless, they
particular provisions of the Constitution which were
attempt was made to reach a consensus with the
detrimental to any particular interests.
The idea of consensus was helped as it had a background wherein certain principles were entrenched as
being the core of Indian polity. For decades preceding the promulgation of the Constitution, the
nationalist movement had debated many questions that were relevant to the making of the constitution
the shape and form of government India should have, the values it should uphold, the inequalities it
should overcome. Answers forged in those debates were given their final form in the Constitution.
Principle of accommodation provides the capability to
the federal and unitary systems in achieving a sui-generis model, membership of commonwealth and
being a republic, being a religious society and idea of secularism etc. Through this, a balanced
arrangement of the institutions of government was sought.
Apart from these two principles, a third may be seen as having evolved as a process for the Constituent
Assembly- the art of selection and modification. Different things were selected from various Assembly- the art of selection and modification. Different things were selected from various
constitutions and had to pass the test of applicability to India. These were modified and adapted to the
democratic government envisioned for India creating a stable polity to suit our diversities and pluralities.
Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions.
Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual
argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a
number of provisions from different countries. India was extremely lucky to have an Assembly that
instead of being parochial in its outlook could take the best available everywhere in the world and make
it their own.
The idea of consensus was helped as it had a background wherein certain principles were entrenched as
being the core of Indian polity. For decades preceding the promulgation of the Constitution, the
nationalist movement had debated many questions that were relevant to the making of the constitution
the shape and form of government India should have, the values it should uphold, the inequalities it
should overcome. Answers forged in those debates were given their final form in the Constitution.
Principle of accommodation provides the capability to reconcile incomparable concepts. It reconciled
generis model, membership of commonwealth and
being a republic, being a religious society and idea of secularism etc. Through this, a balanced
arrangement of the institutions of government was sought.
Apart from these two principles, a third may be seen as having evolved as a process for the Constituent
Different things were selected from various Different things were selected from various
constitutions and had to pass the test of applicability to India. These were modified and adapted to the
democratic government envisioned for India creating a stable polity to suit our diversities and pluralities.
Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions.
Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual
argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a
number of provisions from different countries. India was extremely lucky to have an Assembly that
instead of being parochial in its outlook could take the best available everywhere in the world and make
fact even while colonial rule of British was rejected,
form of Parliamentary system and its regimes. The
that this task of adaptation at hand was done with
society and its aspirations. Some of the borrowings include
British Constitution- First Past the Post ;Parliamentary
Institution of the Speaker and her/his role Law-making
Government of India Act of 1935- Federal Scheme,
Commissions, Emergency provisions and administrative
Constitution- Fundamental rights, independence Constitution- Fundamental rights, independence
president, removal of Supreme Court and high court judges
Irish Constitution- Directive Principles of State Policy,
election of President.
Canadian Constitution- Federation with a strong
appointment of state governors by the Centre, and advisory
Australian Constitution- Concurrent List, freedom of
two Houses of Parliament.
rejected, many institutions and conventions were borrowed
The drafting committee headed by Dr. Ambedkar
with great care keeping in mind the peculiarities of
include:
Parliamentary Form of Government; idea of the rule of
making procedure; parliamentary privileges; bicameralism
Scheme, Office of governor, Judiciary, Public Service
administrative details.
independence of judiciary, judicial review, impeachment of independence of judiciary, judicial review, impeachment of
judges and post of vice President.
Policy, nomination of members to Rajya Sabha and method
Centre, vesting of residuary powers in the Centre,
advisory jurisdiction of the Supreme Court.
of trade, commerce and intercourse, and joint sitting
Weimar Constitution of Germany- Suspension of Fundamental Rights during Emergency.
Soviet Constitution- Fundamental duties and the ideal of justice (social, economic and political) in the
Preamble.
French Constitution- Republic and the ideals of liberty, equality and fraternity in the Preamble.
South African Constitution- Procedure for amendment of the Constitution and election of members of
Rajya Sabha.
Japanese Constitution- Procedure established by Law.
Salient Features of the Constitution:
1. Written and detailed Constitution- Constitution of India is a written constitution containing as many as 1. Written and detailed Constitution- Constitution of India is a written constitution containing as many as
395 Articles and 9 schedules, originally. It is the bulkiest and the largest one in the world. Constitution
of U.S.A. contains just 7 Articles, that of Australia 128 and that of Canada 47 Articles. The 395 Articles
of Indian Constitution were divided into 22 parts. After the Constitution 78th Amendment Act, 1995,
the Constitution now consists of 443 Articles divided into 26 parts and 12 Schedules. Since 1950 to
1995, 21 Articles have been repealed and 69 more Articles have been added. As the framers wanted to
remove difficulties during the working of the Constitution, they incorporated several details to avoid
loopholes and defects. Due to diversities- social, religious and regional, dominance of lawyers in
assembly, combined Constitution for Union and states and bulky nature of GOI Act 1935 which was the
base document has made our Constitution so lengthy.
Suspension of Fundamental Rights during Emergency.
Fundamental duties and the ideal of justice (social, economic and political) in the
Republic and the ideals of liberty, equality and fraternity in the Preamble.
Procedure for amendment of the Constitution and election of members of
Procedure established by Law.
Constitution of India is a written constitution containing as many as Constitution of India is a written constitution containing as many as
395 Articles and 9 schedules, originally. It is the bulkiest and the largest one in the world. Constitution
of U.S.A. contains just 7 Articles, that of Australia 128 and that of Canada 47 Articles. The 395 Articles
of Indian Constitution were divided into 22 parts. After the Constitution 78th Amendment Act, 1995,
the Constitution now consists of 443 Articles divided into 26 parts and 12 Schedules. Since 1950 to
1995, 21 Articles have been repealed and 69 more Articles have been added. As the framers wanted to
remove difficulties during the working of the Constitution, they incorporated several details to avoid
social, religious and regional, dominance of lawyers in
assembly, combined Constitution for Union and states and bulky nature of GOI Act 1935 which was the
base document has made our Constitution so lengthy.
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