January 17, 2021

Constitution of India – 5

  • Judiciary- Another important feature of Indian Constitution is the presence of the dignified and crucial judiciary. A well ordered and well regulated judicial machinery has been introduced in the country with the Supreme Court at the Apex Level.

There exists a hierarchy of Courts with Supreme Court at the top followed by High Courts at different State Levels followed by Subordinate /District Courts for each districts. Supreme Court and High Courts have a very wide jurisdiction such as original jurisdiction, appellate jurisdiction, writ jurisdiction etc.

The most significant aspect of the Jurisdiction of Supreme and High Courts is the power to issue writs under Article 32 and 226 respectively. The Writ Jurisdiction is invoked for enforcing fundamental rights of the Citizens.

India has a unified system of codes which avoids diversity in remedial procedures and confusing jurisdictional conflicts. The Indian Judiciary not only resolves the disputes between two individuals but also between the state and the citizens. It has the power to scrutinize any governmental actions by confirming to the Constitution.

It is very important to enable the Supreme Court and High Courts to function impartially without fear and favor and in this regard the Constitution contains provisions for safeguarding judicial independence. The Judges of these Courts are appointed by Central Executives on the advice of Judges themselves. Removal of Judges can take place by a way of Impeachment on the ground of incapacity or proven misbehavior.

  •  Federalism- India’s Constitution is of a Federal Type. It establishes a dual polity i.e. A Two Tier Governmental System. One at the Centre and one at the State. A Government is entitled to Act within its assigned field. There exist three lists in our Constitution namely Union List, State List and Concurrent List. The Central Government has power to make laws on subject matters given in the Union List.

A State Government has powers to make laws on subject matters given in the State List. And Subject Matters given under a Concurrent List are subject to the powers of both Central and State Governments.

The Drafting Committee of the Constituent Assembly use the word “Union” to indicate two main things:-

  • That the Indian Union is not a result of an agreement by the States
  • The Component States have no freedom to move apart from the Union. The purpose being governed by single source.

India is a dual polity but has only a single citizenship and there exist no state citizenship.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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