Dec 29, 2006

Features of The constitution of India

The Constitution of India draws extensively from Western legal traditions in its enunciation of the principles of liberal democracy. It is distinguished from many Western constitutions, however, in its elaboration of principles reflecting aspirations to end the inequities of traditional social relations and enhance the social welfare of the population. According to constitutional scholar Granville Austin, probably no other nation's constitution "has provided so much impetus toward changing and rebuilding society for the common good." Since its enactment, the constitution has fostered a steady concentration of power in the hands of the central government - especially the Office of the Prime Minister. This centralization has occurred in the face of the increasing assertiveness of an array of ethnic and caste groups across Indian society. Increasingly, the government has responded to the resulting tensions by resorting to the formidable array of authoritarian powers provided by the Constitution. However, a new assertiveness shown by the Supreme Court and the Election Commission suggests that the remaining checks and balances among the country's political institutions are resilient and capable of supporting Indian democracy. Furthermore regional parties are gaining popularity at the expense of national parties which has led to coalition governments at the centre. As a consequence, power is becoming more decentralised.

The Constitution in its final form owes much to a number of different principles from various other Constitutions. The general structure of the Constitution's democratic framework was largely the work of B. N. Rau, a constitutional scholar of international standing. Supporters of independent India's founding father, Mohandas K. Gandhi, backed measures that would form a decentralized polity with strong local government — known as panchayat — in a system known as Panchayati Raj, i.e. rule by Panchayats. However, the view of more modernist leaders such as Jawaharlal Nehru, ultimately prevailed leading to the establishment of a parliamentary system of government and a federal system with a strong central government.

Features of the Indian Constitution adapted from other Constitutions

British Constitution
Parliamentary form of government
The idea of single citizenship
The idea of the Rule of law
Institution of Speaker and his role
Lawmaking procedure
Procedure established by Law u/a 13

United States Constitution
Charter of Fundamental Rights, which is similar to the United States Bill of Rights
Federal structure of government
Power of Judicial Review and independence of the judiciary
President as supreme commander of armed forces u/a 52
Due process of law u/a 13

Irish Constitution
Constitutional enunciation of the directive principles of state policy

French Constitution
Ideals of Liberty, Equality and Fraternity

Canadian Constitution
A quasi-federal form of government (a federal system with a strong central government)
The idea of Residual Powers

Australian Constitution
The idea of the Concurrent list
Freedom of trade and commerce within the country and between the states

Soviet Constitution
Fundamental Rights and Directive principles of India

Japan Constitution
Fundamental Duties u/a 51-A

Weimar Constitution
Emergency Provision u/a 356