Which one of the following is not a feature of the Constitution of India ?
It specifies the supremacy of the judiciary.
Understanding the key features of the Constitution of India is fundamental to studying the Indian political system. The question asks us to identify which of the given options is not a feature of the Constitution.
Let's examine each option provided:
This statement is correct. A constitution is essentially a document that lays down the framework of government and specifies the fundamental principles and basic rules by which a state is governed. The Indian Constitution provides the foundational rules for the governance of the country, defining the structure, powers, and functions of the various organs of government and the rights and duties of citizens.
This statement is also correct. The Constitution of India clearly delineates the powers and functions of the Union Government, the State Governments, and other institutions. It divides powers between the legislature, executive, and judiciary and also outlines the extent of their authority and limitations. This specification of governmental power is a defining characteristic of the Constitution.
This statement is correct. In India, the Constitution is the supreme law of the land. All laws enacted by the Parliament and State Legislatures must conform to the provisions of the Constitution. If any law is found to be inconsistent with the Constitution, it can be declared unconstitutional by the judiciary. This principle of constitutional supremacy is a cornerstone of the Indian political system.
This statement is not a feature of the Constitution of India in the same sense as the others. While the Indian judiciary, particularly the Supreme Court, plays a crucial role in interpreting the Constitution and exercising the power of judicial review, the Constitution itself is the supreme law, not the judiciary. The judiciary derives its powers from the Constitution. India follows the principle of constitutional supremacy, not judicial supremacy (like in some interpretations in the USA) or parliamentary supremacy (like in the UK). The judiciary's power of judicial review allows it to check the constitutionality of laws and actions of the executive, ensuring that they adhere to the supreme law, which is the Constitution.
Therefore, while the judiciary holds significant power and independence under the Constitution, claiming that the Constitution specifies the supremacy of the judiciary is not accurate. The Constitution's supremacy is the key principle.
Based on the analysis, the statement that does not accurately describe a fundamental feature of the Constitution of India is that it specifies the supremacy of the judiciary. The Constitution establishes the supremacy of the Constitution itself.
| Feature | Description | Is it a Feature? |
|---|---|---|
| Provides basic rules | Outlines the fundamental framework and principles of governance. | Yes |
| Specifies Government power | Defines the structure, powers, and limitations of governmental organs. | Yes |
| Is the supreme law | No law can contradict the Constitution; it is the highest law. | Yes |
| Specifies judiciary supremacy | Claims the judiciary is above the Constitution or other branches. | No (Constitution is supreme) |
| Feature | Explanation |
|---|---|
| Written Constitution | India has the lengthiest written constitution in the world. |
| Sovereign, Socialist, Secular, Democratic, Republic | These are the ideals stated in the Preamble. |
| Parliamentary Form of Government | Adopted at both Union and State levels. |
| Federal System with Unitary Bias | Divides power between Union and States but with strong central government provisions. |
| Fundamental Rights and Duties | Guaranteed rights to citizens and lists their responsibilities. |
| Directive Principles of State Policy | Guidelines for the state to promote social and economic democracy. |
| Independent Judiciary | Ensures justice and interprets the Constitution. |
| Single Citizenship | Provides uniform citizenship throughout the country. |
| Constitutional Supremacy | The Constitution is the highest law of the land. |
It is important to distinguish between the supremacy of the Constitution and the power of judicial review held by the judiciary. Constitutional supremacy means that the Constitution is the ultimate source of law and authority. All state organs, including the legislature, executive, and judiciary, are creatures of the Constitution and derive their powers from it.
Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State Governments. If they are found to be violative of the Constitution, they can be declared illegal, unconstitutional, and invalid by the Supreme Court and the High Courts. This power ensures that the other organs act within the boundaries set by the Constitution. So, the judiciary upholds the supremacy of the Constitution through judicial review, but this does not imply the supremacy of the judiciary itself over the Constitution or the system as a whole.
The Seventh Schedule of the Constitution of India contains
Article 352 of the constitution of India contains provisions related to
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2) The Constitution has vested the power to amend the constitution in Parliament.
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