Peculiar features of Indian Constitution are as follows:
1. Lengthiest Constitution in the World ( 448 articles and 12 Schedules)
2. Framed From Different Sources
3. Federal System with Unitary Features:-
Indian Constitution includes major federal characteristics of governance such as:-(1) Dual government system (center and state) (2)Division of powers between the three state organs (executive, judiciary and legislature) (3)Constitutional supremacy (4)Independent judiciary (5) Bicameralism (lower and upper house)
Indian Constitution is unique in the sense that it includes many unitary features such as:-(1)Strong Centre (2)Indian Constitution is unique in sense that it includes many unitary features such as:-
(1)Strong Centre (2) All India services common to the center and the states (3) Emergency
Provisions (4) Appointments of Governors by President.
4. Independent as Well As Integrated Judicial System
5. Parliamentary Form of Government:-India has adopted the parliamentary form of government where the President is the constitutional head of state. The Council of Ministers headed by the Prime Minister is the real executive. PM and the ministers are appointed from the members of parliament implying that the executive emerges from the legislature. The President has to appoint the leader of the majority party in Lok Sabha (leader of a group of parties) as the Prime Minister. The Prime Minister and his Council of Ministers are collectively responsible to the lower House of the Parliament i.e. Lok Sabha. They can remain at the helm of affairs so long as they enjoy the confidence of Lok Sabha. Parliament (Lok Sabha) may remove them from power by expressing no confidence against the Prime Minister and his Council of Ministers.
6. Balance between the Sovereignty of Parliament and Judicial Supremacy:-Parliament is the representative of the people’s will, has the authority to make laws and it can also amend the major part of the Constitution. Also the he Supreme Court through Articles 13, 32 and 136, is vested with the power of judicial review.
7. Blend of Rigidity (Special procedure for Amendment ) & Flexibility (Ordinary procedure)
| Simple Majority: It means a majority of more than 50% of members present on a particular day and voting on any bill or issue. Bills and motions passed through Simple majority are: (1) The Ordinary bills (2) Vote of Thanks on President’s address (3)Censure motion (4) Money bills (4) Financial bill (5) Election of Speaker (6) Resolution seeking the approval of Parliament for imposition of President’s rule in any state (7) No confidence motion and Confidence motion in Lok Sabha. Absolute Majority: This refers to a majority of more than 50% of the House’s total membership. In case of Lok Sabha, it will be 273 or more (i.e. 50% of 545).It is used during the general elections, for government formation at the Centre and the States. Without it, there would be an unstable government or hung assembly. Effective Majority: This refers to a majority of more than 50% of the effective strength of the House. Effective Strength = Total strength – Vacancies. It is used in (1) Removal of the Chairman of Rajya sabha (Vice President of India, Deputy Chairman in the Rajya Sabha (Article 67(b)). (2) Removal of the Speaker and the Deputy Speaker of the Lok Sabha and the State Legislatures. Special Majority: Any type of majority other than simple, absolute and effective are called Special Majorities. There are four types of special majorities in reference to Indian Constitutional framework: (1) Special Majority according to Article 249 (2) Special Majority according to Article 368 (3) Special Majority according to Article 368 + 50 percent state ratification by a simple majority (4) Special Majority according to Article 61
|
