1. Salient features of the Indian
Constitution
Unique blend of rigidity and flexibility
-Federal Constitution to be rigid
-- which requires a special method of
amendment of any of its provisions
-- generally written constitution is rigid
Flexible Constitution :
-A flexible Constitution amendment
can be done by ordinary legislative
process
2. Indian Constitution
:
Written but not rigid
Sufficient flexible
Few Provisions of the Constitution
require the consent of half of the
State Legislatures
The Rest of the provisions can be
amended by a special majority of
Parliament
At present 101 amendment (2016)
been done in the Constitution
3. The Process of amendment in Indian
Constitution is complicated and
difficult
The matters which should have been
left to ordinary legislation;
having been incorporated into the
Constitution;
no change in these matters is possible
without undergoing the process of
amendment
4. Fundamental Rights
Part III of the Constitution makes a
formal declaration of Fundamental
Rights
FR to be a distinguishing feature of a
democratic State
FR are prohibitions against the State
The State can not make a law which
takes away or abridges any of the
rights of the citizens on guaranteed in
the Part III of the Constitution
5. The Law passed by States if
abridges any provision of FR;
it is declared unconstitutional by
the courts
The incorporation of FR is not a
mere declaration; the State has to
establish a machinery for the
enforcement of FR
Indian Constitution has empowerd
Supreme Court to grant most
effective remedies : Writs
6. Writs
Habeas Corpus : Latin term
- the writ is issued in the form of an
order calling upon a person by whom
another person is detained
- to bring before the Court
- let the Court know by what authority he
has detained that person
Objective – to provide a quick and
immediate remedy to a person who is
unlawfully detained by the person
whether in prison or private custody
7. Mandamus : the Order
- the writ of mandamus is an order
- by a superior court
- commanding a person or a public
authority
- including the Government or Public
Corporations
- to do or to forbear to do something in the
nature of public duty or in certain cases of
a statutory duty
E.g. a Licensing officer is under a duty to
issue a licence to an applicant who fulfils
8. Prohibition : to prevent
- issued primarily to prevent an inferior
court or tribunal
from exceeding its jurisdiction or acting
contrary to the rules of natural justice
It is issued by the Superior Court to inferior
courts
For the purpose of preventing inferior
courts for usurping a jurisdiction
Which it was not legally vested
Objective – to compel the inferior courts to
keep within the limits of their jurisdiction
9. Quo Warranto : What is Your
authority
- a holder of an office is called upon
to show to the court under what
authority he holds the office
If the inquiry leads to the finding that the
holder of the office has no valid title to it,
the Court may pass an order preventing
the holder to continue in office;
and may declare the office vacant
Objective – to prevent a person to hold
an
office which he is not legally
10. Certiorari :
- this writ is issued by a Superior Court
(SC or HC)
to an inferior court or body exercising
judicial or quasi judicial functions
to remove a suit from such inferior court or
body
And to adjudicate upon the validity of the
proceedings or body exercising judicial or
quasi judicial functions
Objective : to prevent an excess or abuse
of jurisdiction and to remove the case for
trial to higher court
11. Fundamental Rights are not absolute
rights
They are subject to certain restriction
Indian Constitution tries to strike a
balance between the individual liberty
and the social interest
FR are inspired from the Bill of rights
from the Constitution of US
But guarantee of individual rights has
been carefully balanced with need of
security of the State
12. Directive Principles of State Policy :
In Part IV of the Constitution
Aims and Objectives to be taken up by
the States in the governance of the
country
Directive Principles are not justifiable
if the State is unable to implement any
provision by Part IV, no action can be
brought against the State in a law court
Objective is to implement the idea of a
welfare State
13. A Federation with strong Centralising
Tendency :
Federal Constitution with Unitary
character during the time of emergency
During the proclamation of emergency;
the normal distribution of powers
undergoes a vital change
The Union Parliament is empowered to
legislate on any subject in the State List
Central Government is empowered to
give directions to State Governments for
the execution of powers
14. Adult Suffrage
Uniform system of adult suffrage has
been adopted
Every man and woman above 18 years of
age has right to vote
Right to vote to elect representatives for
the legislature
Without any qualification either of sex,
property, taxation or the like is
innovative for Indian Constitution to
implement free and fair elections
At present elections are exercised with
EVM in India
15. An Independent Judiciary
Enumeration of FR are not sufficient
without any provision for their proper
safeguard
Every FR is enforceable with the remedy
for its breach
Independent and Impartial Judiciary with
a power of Judicial Review has been
established in Constitution
Objectives – unless there is remedy,
there is no right, hence Constitution is
the custodian of Fundamental Rights
16. A Secular State:
A Secular State has no religion of its
own as recognised religion
Equal treatment to all religions
It is the basic feature of Preamble to
the Constitution of India
In the name of religion nothing can be
done which is against public order,
morality and health of the public
Religious freedom can not be used to
practice economic exploitation
17. Single Citizenship :
- Federal Constitution provides for
dual polity
- But it provides single citizenship for
the whole of India
- The American Constitution provides
dual citizenship
- Every Indian is the citizen of India
and enjoys the same rights of
citizenship, no matter in what State
he resides
18. Fundamental Duties
Part IV- A
42nd (Amendment) Act 1976, has
introduced a Code of ten Fundamental
duties for citizens
Objective – to serve as a constant
reminder to every citizen regarding his
duties towards the Nation
Duty to observe certain basic norms
of democratic conduct and democratic
behaviour
