পৃষ্ঠা:জেবিয়ান ১৯৫৮.djvu/১৩৪

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এই পৃষ্ঠাটোৰ মুদ্ৰণ সংশোধন কৰা হৈছে
10
J. B. COLLEGE MAGAZINE

a secular state in India. Article 25 lays down that all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propogate religion, subject to public order, morality and health. There cannot be any state religion. Compulsory religious instruction in educa- tional institutions maintained, recognised or aided by the State is prohibited.

 The Constitution abolishes the vicious system of communal electorates the notorious legacy of the British administration.

 It is Written and both Rigid and Flexible :- A written Constitution is one in which most of the provisions are embodied in a formally enacted document or a number of documents.

 The unwritten Constitution grows and evolves instead of being made by Constituent Assembly at a particular time. The Indian constitution is a written one. It is highly essential to have a written Constitution in a Federal form of Government.

 As this classification is regarded as vague and unscientific, Lord Bryce classifies Constitutions into rigid and flexible. If a Constitution can be changed in the ordinary process of law-making it is said to be elastic or flexible. But a special or difficult procedure has to be followed in amending the rigid Constitution.

 The Indian constitution is a combination of rigidity and flexibility. It is said that a constitution should not be too rigid because it would retard the nation's growth and it should not be too flexible as it might create in- stability.

 During the recess of the Parliament the President can promulgate an ordinance if he is satisfied that circumstances exist which render it nece- ssary for him to take immediate action. The American and British Cons- titutions have not conferred any such extraordinary powers on their execu- tives. This is a peculiar feature of our Constitution.

 The Constitution contains safeguards for minorities. These safeguards are provided for ten years, from the date of its enforcement.

 The Constitution makers, perhaps laid much stress on the unity of India. That is why they had to curtail the powers of the States. This is one of the defects of the Federal Constitution. The states in the U.S. A. enjoy greater amount of autonomy than in India. In India there is much room for apprehension of disagreements and disputes if the Centre and some States are under the control of different political parties.