INDIAN CONSTITUTION. Brief History Salient Features & Philosophy Fundamental Philosophy. The importance of our constitution lies in the fact it was made by the people themselves. GOVERNMENT OF ACT, 1858.
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Salient Features & Philosophy
The importance of our constitution lies in the fact it was made by the people themselves.
Two improvements were introduced:
The Act’s object was “to widen the basis and expand the functions of the Government of India, and to give further opportunities to the non-official and native elements in Indian society to take part in the work of the Government.”
3. The Governor General and Provincial Governors to act as Constitutional Heads.
4. Sovereignty of the Dominion Legislature: The Central Legislature of India, composed of the Legislative Assembly and the Council of States, ceased to exist on August 14, 1947. From the ‘appointed day’ and until the Constituent Assemblies of the two Dominions were able to frame their new Constitutions and new Legislatures were constituted thereunder, - it was the Constituent Assembly itself, which was to function as the Central Legislature.
Supplemented by multiple amendments, and practically recast by the 42nd, 43rd and 44th Amendments, 1976-78: 78 amendments have been made up to 1996.
Incorporates the accumulated experience of different Constitutions:
Our constitution is more full of words than other Constitutions because it has embodied the modified results of judicial decisions made elsewhere interpreting comparable provisions in order to minimize uncertainty.
Detailed administrative provisions included: The Government of India Act, 1935 was reproduced in providing matters of administrative detail, not only because the people were accustomed but alsobecause the author had apprehension that in the present conditions of the country, the Constitution might be perverted unless the form of administration was also included in it.
Constitutions of the Units included: Unlike the constitution of the United States that deals only with the Federal Government and leaves the States to draw up their own constitutions, the Indian constitution provides the constitution of both the Units (States) and the Union.
Special Provisions for J &K: State of Jammu and Kashmir was accorded a special status and was allowed to make its own state constitution. Even all the other provisions of the Constitution of India did not directly apply to J & K but depended upon an Order made for the President in Constitution with the Government of State,-for which provision had to be made in Article 370.
Nagaland, Sikkim etc.: Even after the inauguration of the Constitution special provisions have been inserted to meet the regional problems and demands in certain States such as Nagaland, Assam, Manipur, Andhra Pradesh, Maharashtra, Gujarat, Sikkim, Mizoram etc.
Federal Relations elaborately dealt with: The relations between the Federation and the Units and the Units inter se, whether legislative or administrative are also exhaustively codified.
Universal Franchise without Communal Representation: The adoption of universal adult suffrage, without any qualification either of sex, property, taxation or the like, is a ‘bold experiment’ in India, having regard to the vast extent of the country and its population, with an overwhelming illiteracy. The suffrage in India, it should be noted, is wider than that in England or the United States.