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The Drafting Committee of the Constituent Assembly after consulting various Constitutions from all the across the world, submitted the final draft of the Constitution which was finally adopted on 26th November, 1949. Although it has many borrowed features, the Constitution of India is unique in various aspects.
Unique features of the Constitution of India:
- It is the lengthiest written constitution in the world – Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 parts) and 8 Schedules.
- Drawn from various sources: Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the world’.
- Blend of rigidity and flexibility: Indian Constitution is neither too flexible like the British Constitution, nor too rigid like the American Constitution. It is synthesis of both. Some features can be amended only by a special majority of the Parliament, i.e., a two-third majority of the members of each House present and voting and a majority (more than fifty percent), of the total membership of each House. Some other provisions can be amended by a special majority of the Parliament and with the ratification of half of the states. There some other provisions which can be amended by a simple majority of the Parliament (outside the scope of Article 368).
- Federal System with a Unitary bias: While the Constitution contains all the usual features of a federation, such as, two governments, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism, it contains a large number of non-federal features as well, such as, a strong centre, single Constitution, flexibility of Constitution, integrated judiciary, emergency provisions and so on. This makes the Constitution ‘quasi-federal’ as declared by K C Wheare.
- Synthesis of Parliamentary Sovereignty and Judicial Supremacy: Constitution gives power to the Parliament to amend the Constitution itself. On the other hand, Judiciary is empowered to declare parliamentary laws as unconstitutional.
- Three Tier government: Through 73rd and 74th Constitutional Amendment Acts, the third tier of the government, i.e. , the local governments have been constitutionally recognised.
- The Constitution of India contains not only the fundamental principles of governance but also detailed administrative provisions. Further those matters which in other modern democratic countries have been left to ordinary legislations have also been included in the Constitution.
- The Indian Constitution provides a unique blend of Equality, Liberty and Justice in the form of Fundamental Rights and Directive Principles of State Policy.
Therefore, the Constitution, though it has various borrowed provisions, contains various unique features.
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