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Questions and Answers
What is the nature of the Constitution of India?
What is the nature of the Constitution of India?
What was the majority view of the Supreme Court judges in Kesavananda Bharati v. State of Kerala?
What was the majority view of the Supreme Court judges in Kesavananda Bharati v. State of Kerala?
What is essential to determine the nature of the Indian Constitution?
What is essential to determine the nature of the Indian Constitution?
What are the essential features of a Federal Polity or System?
What are the essential features of a Federal Polity or System?
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What is the role of the Supreme Court in the Indian political system?
What is the role of the Supreme Court in the Indian political system?
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Can the States secede from the Union in India?
Can the States secede from the Union in India?
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What is the nature of the distribution of powers between the Union and State Governments?
What is the nature of the distribution of powers between the Union and State Governments?
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What is the role of the Supreme Court in interpreting the Constitution?
What is the role of the Supreme Court in interpreting the Constitution?
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What is the relationship between the Union and State Governments in India?
What is the relationship between the Union and State Governments in India?
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What is the significance of the Constitution in the Indian political system?
What is the significance of the Constitution in the Indian political system?
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Study Notes
Characteristics of the Indian Constitution
- The Indian Constitution is a blend of federal and unitary features, with federal features forming the basic structure.
- The Supreme Court has upheld the federal nature of the Constitution in the Kesavananda Bharati case (AIR 1973 SC 1461).
Essentials of a Federal Polity
- Dual Government: Both the Union and State Governments derive their authority from the Constitution.
- Distribution of Powers: Legislative and executive powers are divided between the Union and State Governments.
- Supremacy of the Constitution: The Constitution is the supreme law of the land.
- Independence of Judiciary: The judiciary is independent, with the Supreme Court at its head.
- Written Constitution: The Indian Constitution is a written document.
- Rigid Procedure for Amendment: The Constitution can only be amended through a rigid procedure.
Key Features of the Indian Constitution
- The Union and State Governments, and their respective organs, derive their authority from the Constitution.
- States cannot secede from the Union.
- The Supreme Court has the power to decide disputes between the Union and States, or between States.
- The Supreme Court has the final authority to interpret the provisions of the Constitution.
Debate on the Nature of the Indian Constitution
- There is ongoing debate among scholars and jurists about whether the Indian Constitution is federal, unitary, or quasi-federal in nature.
- The question ultimately depends on one's philosophical perspective and value judgement.
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Description
Understanding the structure of the Indian Constitution, including its federal and unitary features, and the Supreme Court's views on the matter.