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Wednesday, January 1, 2014

SALIENT FEATURE OF THE CONSTITUTION

The constitution of India is unique in many ways. It has several special features that distinguish it from other Constitutions of the world.

Size of the Constitution


In sheer physical terms, it is the lengthiest Constitution ever given to any nation. It is very comprehensive document and includes many matters which could legitimately be the subject matters of ordinary legislation or administrative action. This happened because the Government of India Act, 1935 which was after all basically a statute, was used as a model and an initial working draft and large portions of it got it reproduced in the constitution. Also, the constitution makers did not want to leave certain matters subject to doubts, difficulties and controversies to be handled by future legislation. Unlike the United States where in addition to the federal constitution, each state has its own separate Constitution , the Constitution of India included not only the Constitution of the Union but also of the States. The size, complexities and the diversities of the Indian situation also necessitated several special, temporary, transitional and miscellaneous provisions for certain regions of the country or classes of people. Not only does the Constitution contain a very comprehensive charter of justiciable fundamental rights, it also delineates the limitations under which these must necessarily operate unlike the United States, where limitations had to be read into the rights by court decisions. Besides, our  Constitution contains a description of several Directive Principles of State Policy and Fundamental Duties of citizens which though not enforceable in courts of law are expected to guide the State and the citizens respectively.

 

 

 

 

 

 

 

 

 

 

 

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