Strong centre
Single constitution
Unitary features
Federal features
Independence of judiciary
Term federation -
not used in the constitution
Features of
constitution
Secularisam
Universal adult franchise
Parliamentary form govt
Judiciary
FR
Single citizenship
Flexibility of constitution
Integrated judiciary
Appointment of governor by centre
All Indian services
Emergency provisions
2 government
Division of power
Written constitution
Supremacy of constitution
Rigidity of constitution
Independent judiciary
Bicameralism
Security of tenure of judges
Fixed service conditions for judges
All expenses SC - CFI
Prohibition on the discussion on conduct of
judges in legislature
Given by constitution
Ban on practice after retirement
Power to punish for its contempt
Separation of judiciary from the executive
Indian federation not the result of agreement by
states
Art 1 - India as union of states
No state has right to secede from federation
Quasi federal - kc wheare
Cooperative federalism - granville Austin
Term - 42 CAA 1976 14, 15, 16, 25, 26,27,28,29, 44
Western concept -
complete saparation of religion and state
( -ve concept )
Indian -
equal respect to all religions ( + ve concept )
61 CAA 1988 -
voting age reduced from 21 to 18 years
Parliamentary form ( British ) -
cooperation and coordination betn
legislative and executive organs
Presence of nominal and real executive
Presidential form ( USA) -
Saparation of power between legislature
Majority party rule
and executive
Collective responsibility of executive to
legislature
Membership of minister in legislature
Leadership of pm ,cm
Dissolution of lower house ( LS/ assembly)
British principle of parliamentary sovereignty
Judicial review in india narrower than USA
USA - due process of law
American principle of judicial supermacy
India - procedure established by law
Britain - Rule of law
Not absolute - reasonable restrictions
Not sacrosanct
Can be repealed or curtailed by parliament -
CAA
Suspended - NE ( except Art 20 & 21)
Limitations on the tyranny of the executive and
arbitrary laws of legislature
Justiciable , political democracy