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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