Independent and Integrated Judicial System
In India, there is only a single integrated judiciary system where the final authority to make decisions is done by the Supreme Court. In other countries, for example, the United States of America follows a 2-tier judicial system. Some of the other important features of the judiciary system are:
- The judges of the Supreme Court and the High Court are appointed through the Collegium administration
- The process of impeachment has to be followed if a judge has to be removed from his post
- The salaries and pension of the judges are paid from the consolidated fund of India
- Supreme Court judges are prohibited from practice after their retirement
Directive Principles of State Policy
The Directive Principles of the State policy aims to establish social and economic conditions and democracy through a welfare state. Dr. B. R. Ambedkar called the directive principles a ‘novel feature’ of the Indian Constitution.
Parliamentary Form of Government
The Westminster model of Government or the parliamentary form borrowed from the British system is based on the principle of cooperation and coordination between the legislative and the executive. The other popular name of the government is a responsible government and cabinet government which is followed in both the center and the states.
The features of the parliamentary government are:
- Rule of the majority party
- Dissolution of the Lower House
- Nominal and real executives
- The leadership of the Prime Minister or the Chief minister
- Membership of the ministers in the legislature
- Collective responsibility of the executive to the legislature
Even though it is borrowed from the British model, there are a few differences between them.
- The British Parliament is a sovereign body, while the Indian parliament is not
- The Indian State has an elected head as it is a Republic, while the British head is hereditary as it is a constitutional monarchy
Structural and Functional Dimensions of the Parliament
- As per Article 79, there should be a Parliament and two Houses or Chambers – the House of the People or Lok Sabha and the Council of States or Rajya Sabha.
- The President is the head of the executive and a constituent part of the legislature who performs several functions in the Parliament.
- The President is not allowed to sit or take part in the discussions of the Houses.
- The President can summon and prorogue the Parliament if required.
- A vital part of the legislature, he has to give assent to every bill passed before it becomes a law.
- The President has the power to dissolve the Lok Sabha.
- The President addresses both the chambers, called the special address, at the start of the first session after each general election in the Lok Sabha and at the commencement of the first session each year.
- The President is given the power to promulgate ordinances through Article 123.
The Indian Constitution is known for its perfect balance between being flexible and rigid. For changes or amendments to be made to the Indian Constitution, there needs to be a huge majority of members of both the houses.
Some of the other features of the Indian Constitution are the fundamental rights, emergency provisions, and Universal Adult Franchise. To know more, give us a call.