Nature and Importance of Indian Constitution
What is constitution?
Definitions
Nature of Indian Constitution:- Unitary or Federal
features of Quasi-Federal Constitution
Importance of Indian Constitution
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Language: en
Added: Aug 14, 2021
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TOPIC: - NATURE AND IMPORTANCE OF CONSTITUTION By:- kriti kothari
What is constitution? In general terms: - The constitution is the supreme law of the land. All other laws have to confirm to the constitution. The constitution contains laws concerning the government and its relations with the people: - A constitution is concerned with 2 main aspects : - The relation between the different levels of government Between the government and the citizens.
Definitions Aristotle: “constitution is the way in which, citizens who are the component parts of the state are arranged in relation to one another”. Woolsey : “the collection of principal according to which the powers of the government, rights of the government and relations between the two are adjusted”. George Cornewell Lewis: “the arrangement and distribution of sovereign power in the community or the form of the government. Austin: “it fixes the structure of supreme government’’.
On the basis of the definitions we can say that constitution is: - The fundamental law of the land. It may be written or unwritten. Deals with the composition and power of the government. Deals with the rights of citizens . Deals with the relationship between the government and governed.
Nature of Indian constitution unitary or federal???
Constitution all over the world are classified into two categories:- UNITARY CONSTUTUTION All the power of government is centralized in one government that is central government. State government is subordinate to Centre.
FEDERAL CONSTITUTION There is a division of power between Centre and state government. Both are independent in their own sphere. State are not subordinate to Centre. For example: - U.S. A adopted federal constitution.
FEDERAL / UNITARY OR QUASI FEDERAL??????
Indian constitution is a quasi federal constitution Article 1 of the Constitution of India states that ‘India that is Bharat shall be a union of states’. Indian model of federalism is called the quasi-federal system as it contains major features of both a federation and union.
Features of quasi federal constitution
1.SUPREMACY OF THE CONSTITUTION : - Constitution is the supreme law of the land in India. A federal state derives its existence from the constitution. 2. BICAMERAL LEGISLATURE : - The main feature of federalism is a bicameral legislature. The Constitution of India also provides for a bicameral legislature that is parliament with two houses of the Lok Sabha and Rajya Sabha. 3.DUAL GOVERNMENT POLITY : - The constitution of India has divided powers between the central government and state government through the 7 th schedule.
4. SINGLE CONSTITUTION : - In India, there is only one constitution. It is applicable to both the union as a whole and the stares. 5. DIVISION OF POWER IS NOT EQUAL : - In a federation, power is divided equally between the two governments. But in India, the central government has been given more powers and made stronger than the state governments. 6.WRITTEN CONSTITUTION : - The Indian constitution is a written document containing 395 articles and 12 schedules. 7.RIGID CONSTITUTION : - The Indian constitution is largely a rigid constitution.
Importance of Indian constitution The constitution is an embodiment The constitution forms the basic structure of any government. Governs the power distribution . Apex body Goals of a Country . Basic rights Power transfer at the time of national emergency