(1) Lastly, an independent judiciary is necessary to

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(1) The constitution should suit to the social and political atmosphere of the country. It should be drafted with political realities in mind and in consideration of the needs, desires, traditions and habits of the people. It should not be an imposed document.

(2) The contents of a good constitution should be confined to ‘fundamentals’. It must contain the fundamental features of the governmental system of the State. It should clearly state the powers and functions of different organs and determine their mutual relations. By clarity and definiteness it is meant that every clause of the constitution should be written in such language that it does not give rise to ambiguity.

(3) The process of amendment of good constitution should be neither too easy nor too difficult. If changes can be made very easily whims and fancies of individuals or parties will have their way. This will kill the sanctity of the constitution. If amending process if is too difficult, urgently needed changes may be postponed indefinitely with harmful consequences.

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(4)A good constitution should have a definite provision for fundamental rights of citizens. Civil and political right put a limit on the authority of the State.

(5) Lastly, an independent judiciary is necessary to preserve and protect the constitutional provisions. An independent judiciary can be impartial and can act without fear or favour and good-will or ill-will.

Most of the qualities mentioned above are present in the Constitution of India. It contains the Fundamental Rights, Directive Principles of State Policy, Independence of Judiciary, etc. Till 2000 it has been? Amended 88 times. It is thus clear that Constitution of India is not quite rigid one. It is a “democratic constitution.”

Categories: Traditions


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