What Are the Advantages and Disadvantages of the Indian Constitution?

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What Are the Advantages and Disadvantages of the Indian Constitution?

           Advantages of the Indian Constitution:

·       Indian constitution follows the detailed procedure to carry out any legislative, executive and judiciary activities due to which it provides lots of clarity in the system.

                                                                                                       

·       Indian constitution has honored Indians with fundamental rights and doesn't matter if the fundamental rights prevail.

·       The Power of the Indian constitution lies in the hands of common people as said in the preamble, which is known as the sole of the constitution which says we the people of India not of the government.

·       Indian constitution has provided with incorporated and independent judiciary.

·       Indian constitution works on the concept of sharing of power instead of giving power to one hand.

·       It gives the powers to the citizens to vote above the age of 18 irrespective of caste, creed, religion.

·       A written constitution is well defined and precise which does not allow the misuse of powers. The constitution of India gives security regarding the rights of people.

·       The Constitution of India Is written by lawyers which make it difficult for the common man to understand the difficult words which are related to the law.

·       It doesn't represent the power of Indian people because the constituent assembly was chosen by indirect elections.

Disadvantages of Indian Constitution

·       Making of Indian constitution took a long time approximately 2 years 11 months 18  days.

·       The Constituent Assembly Members were too lazy for changing a few things which were directly copied from GIA-1935.

·       The Constitution makes our system liberal and up to some extent tending towards Communism.

·       The encouragement of local languages like Hindi is not promoted.

·       The Democracy of India is not direct which gives the immense rights to the politicians and not the citizens of India.  This result is true as the richest people are politicians.

·       Indian Constitution is rigid and inelastic which does not allow full scope for growth and development.

why we need constitution?

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 WHY THECONSTITUTION IS NECESSARY?

Constitution in every country is necessary due to the following reasons:

It tells about principles and guidelines that are required for people belonging to different castes and religions.

It states that which Government would be elected, who will have the power and the liability to take important decisions.

It tells us about the power of the Government and about the rights of the citizens.

It expresses the desire of the people about making a good society.

 It is animportant law of land an determines the relationship among

 People of India.

A Constitution helps to a set some rules and the principles that all citizens in a country can agree and select on what basis they want the country to be governed.

A Constitution defines the nature of a country’s political system.

The Constitution plays a crucial role in laying out certain important information that helps in decision making within the societies.

The other importance of constitution is in democracy which ensures that a dominant group does not use its power in wrong way.

There are other reasons why we need constitution

Serves Justice, Liberty and Equality to each citizen according to their status and It opportunities.

It tells us about the powers of the executive, legislative and judiciary.

It helps in defining a country's political system.

It contains safe guard against the misuse of political powers.

It gives right to minorities to preserve their language and culture.

The constitution not only help the government but it also help the citizens to know about their rights and their duties towards the constitution and the country.

Constitution helps in providing the knowledge about the articles which help in giving the information related to crimes and laws and emergencies.

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Article (26-30)

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IMPORTANT ARTICLE IN CONSTITUTION OF INDIA
FREEDOM TO MANAGE RELIGIOUS AFFAIRS (ARTICLE 26)

Subject to public order, morality and health, every religious or of  any section shall have the right :
(a) to establish and maintain institutions for religious purposes;
(b) to manage its own affairs related to religion;
(c) to own and acquire movable and immovable property.

FREEDOM AS TO PAYMENT OF TAXES FOR PROMOTION OF ANY PARTICULAR RELIGION (ARTICLE 27)

Religious denomination is exempted from paying taxes. No person shall be compelled to pay taxes, the proceeds of which are specially appropriated in payment of expenses.

FREEDOM AS TO ATTENDANCE AT RELIGIOUS INSTRUCTION OR RELIGIOUS WORSHIP IN CERTAIN EDUCATIONAL INSTITUTIONS (ARTICLE 28)

(1) Religious instruction shall not be provided in any educational institution wholly maintained out of State funds.
(2) The person attending any educational institution recognized by the State or receiving aid out of State funds shall not be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is minor, his guardian has given his consent thereto.

PROTECTION OF INTERESTS OF MINORITIES (ARTICLE 29)

(1)Linguistic and religious minorities have the right to conserve their culture.
(2)The citizen shall not be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

RIGHT OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS (ARTICLE 30)

(1) Linguistic and religious minorities shall have the right to establish and administer educational institutions of their choice.

(2) The State shall not in funding discriminate against any educational the institution on the ground that it is under the management of a minority, whether based on religion or language.

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features of Indian Constitution

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IMPORTANT FEATURES OF CONSTITUTION OF INDIA

The Longest constitution of the world

The constitution of India is the longest constitution of the world. It contains 465 articles in 22 parts, 12 schedules and 122 amendments with 146,384 words in English language version. The constitution is longest because it contains not only the rights of the government but also of the citizens of India which include fundamental rights, fundamental duties, and principles.

Rigidity and flexibility

The Indian constitution is rigidity as well as flexible. The Constitution is rigid because we can make amendment to the constitution of India. The constitution is also flexible because laws which are made in the Indian constitution can be changed after passing the laws.

Parliamentary system of government

  A parliamentary system of government means that the executive government has direct or indirect support of parliament. The Indian constitution follows the parliamentary system of government which means that the real executive power rests with the council of ministers and the President is only a nominal ruler.

Fundamental rights and fundamental duties

The constitution of India provides the fundamental rights and fundamental duties to the citizens of the India and these rights cannot be taken any law or any article. The people of India have a right of freedom, speech and equality. The constitution not only provides the rights to the citizens but they have to follow some of the duties like protect the integrity of India, laws amended by the government, protect the environment.

Secularism

The constitution of India provides secularism .Secularism in constitution means that equal right and treatment to all the religions by the state. Secularism means that every religion will be given equal rights. The constitution is based with relation with the human not with the religion. It does not establish one religion in the state.

Independent judiciary

The constitution provides an independent judiciary. The Independence judiciary ensures that there is no misuse of power by any section of the government. It ensures that all the rules and regulations are properly amended by the government. The judiciary keeps the control over all the rules, laws, bills passed by the government.

Single citizenship

The Indian constitution provides a single citizenship. As the Indian constitution is federal state there is a single citizenship. It means that all Indian citizens owe a relationship to the Indian union.

Emergency powers

Emergency provisions are contained in part 18 of the constitution. The President of India has the power to impose emergency rule in any or all Indian states if India is threatened by internal or external factors. It contain in article 352-360.Th emergency powers are granted for taking emergency decisions  given by the president for the welfare of country.

Special provisions for minorities

The constitution provides some special provisions for minorities such as Scheduled castes, Scheduled Tribes by granting them certain special rights and provisions. The constitution also has many other features such as, Panchayat Raj, Rule of Law, and Provisions for Independent Bodies. The special provisions are given to SC and ST in educational institutes and in government sector.

Independent and Integrated Judicial System

As per the Indian constitution, a single system of judiciary prevails in India. The Supreme Court is at the top, the High Courts at the state level and district and other subordinate courts are below. India has a single unified and integrated judicial system for whole country It has a power to control the working of entire judicial system.



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Importance of Constitution Of India

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Importance of the Constitution of India

The Constitution of India is important because it protects individual freedom, and its fundamental principles . The Constitution places the government's power in the hands of the citizens.

 Constitution not only defines the powers of each organ, it demarcates the responsibilities of each. It regulates the relationship between the different organs and between the government and the people.

  A Constitution is superior to all the laws of the country. We need a constitution because we need a government to protect our natural rights to live, liberty, and property.

The constitution is the fundamental law .The constitution provides a set of written rules that is authorized, and approved by the people of India. A Constitution helps serve as a set of rules and principles that all persons in a country can agree upon as the basis of the way in which they want the country to be governed.

 The constitution also spells out the ideals the citizens believe that their country should uphold. Constitution is important in several dimensions, as it is the noble and universal book for the people of India.

It lays down the basic structure of the government under which its people are to be governed. It establishes the main organs of the government - the executive, the legislature and the judiciary. The Constitution not only defines the powers of each organ, it demarcates the responsibilities of each.

 It regulates the relationship between the different organs and between the government and the people.

A Constitution is superior to all the laws of the country. Every law enacted by the government has to be in conformity with the Constitution. The Constitution lays down the national goals of India - Democracy, Socialism, Secularism and National Integration. It spells out the rights and duties of the citizen.

 Unlike other constitutions, the Indian constitution provides not only the basic law. It also provides very detailed and minute administrative provisions. This was to prevent subversion of the constitution through legislative process. These details save a lot of time.

The vastness of the country and its population size and diversity, compelled the framers of the constitution to make provisions for the protection and promotion of the interests of different regions and groups in the country. Thus, the constitution has elaborate provisions for the minorities, scheduled castes and tribes, etc.

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Indian Constitution Articles

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Important articles of constitution

ARTICLE 20: PROTECTION IN RESPECT OF CONVICTION FOR OFFENSES

(1) No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense, not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offense.
(2)No person shall be prosecuted and punished for the same offense more than once.
(3)No person accused of any offense shall be compelled to be a witness against himself.

ARTICLE 21: PROTECTION OF LIFE AND PERSONAL LIBERTY

No person shall be deprived of his life or personal liberty except according to procedure established by law

Article 21A:  Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

ARTICLE 22: PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES

(1) No person who is arrested shall be detained in custody without being informed, as soon as may not be, of the grounds for such arrest nor shall he is denied the right to consult and to be defended by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such the person the grounds on which the order has been made

 (4) Parliament may by law prescribe –
(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law

(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

ARTICLE 23: PROHIBITION OF TRAFFIC INHUMAN BEINGS AND FORCED LABOUR

(1) Traffic in human beings and the beggar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with the law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on the ground only of religion, race, caste or class or any of them.

ARTICLE 24: PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, ETC.

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Every child must be given the right to education and child labor should be prohibited.

ARTICLE 25: FREEDOM OF CONSCIENCE AND FREE PROFESSION, PRACTICE, AND PROPAGATION OF RELIGION

(1) Subject to public order, morality, and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law –
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
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part 3

 

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articles under part 3

ARTICLE 16: EQUALITY OF OPPORTUNITY IN MATTERS OF PUBLIC EMPLOYMENT

(1)There shall be equality of opportunity for all citizens in matters relating to employment to any office under the State.

(2) No citizen on the basis of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

 (3) Nothing in this article shall prevent the State from making any provision for the Reservations of posts favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

 ARTICLE 17: ABOLITION OF UNTOUCHABILITY

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with the law.

ARTICLE 18: ABOLITION OF TITLES

(1)No citizen of India shall accept any title from any foreign State.

(2) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

(3) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

 ARTICLE 19: PROTECTION OF CERTAIN RIGHTS REGARDING FREEDOM OF SPEECH, ETC.

All citizens shall have the right –

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to move freely throughout the territory of India;

(d) to reside and settle in any part of the territory of India; and

(2) Nothing should affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and the integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense.

(3) Nothing should affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing.

(4) Nothing should affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India.

(5) Nothing should  affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Schedule Tribe.
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Part 3 of constitution

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Part 3 of the Indain CONSTITUTION

ARTICLE 12: DEFINITION

In this Part, unless the context otherwise required, “the State” includes the Governmental Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

ARTICLE 13: LAWS INCONSISTENT WITH OR IN DEROGATION OF THE FUNDAMENTAL RIGHTS

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent to the extent of such inconsistency, are void.

(2) The State shall not make any law which takes away the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

ARTICLE 14: EQUALITY BEFORE LAW

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The state shall not deny to any person equality before the law or equal protection of law within the territory of Indian rule of law Professor A.V.dicey.

ARTICLE 15: PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH

(1) The State shall not discriminate against any citizen on the basis of religion, race, caste, sex, and place of birth or any of them.
(2) No citizen shall be criticized on the basis of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition to:
(a) access to shops, public restaurants, hotels and places of public;
(b) the use of wells, tanks, roads and places of public resort;
(3) The women and children must be given special provision.
(4)  The State shall not prevent from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

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