Essential elements of a valid contract

  A Contract is an agreement made between two or more parties which the law will enforce. Section 2(h) of the Indian Contract Act,1872 defines Contract as an agreement enforceable by law According to section 10 of the Indian Contract Act,1872 “all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. These are the essential elements of a valid Contract: 1.      Offer and Acceptance: There must be two parties to an agreement that is one party making the offer and other party accepting it. The terms of the offer must be definite and the acceptance of the offer must be absolute and unconditional. The acceptance must also be according to the mode prescribed and must be communicated to the offer. 2.      Intention to create legal relationship: when the two parties enter into an Agreement their inte...

Most Important Salient features of the Constitution of India

 

The Constitution of India is unique in its contents and spirit. The Constitution of India as we all know is the supreme law of the country and every citizen of our country has to abide by the constitution.

The salient features of the Constitution are as follows:

1. The lengthiest Constitution in the world: 

The Indian Constitution is the lengthiest and the most detailed of all the written Constitutions of the world. It is very comprehensive, elaborate and detailed document. While the Constitution of U.S.A originally consisted of only 7 Articles, the Australian Constitution 128 Articles, the Canadian Constitution 147 Articles, the Indian Constitution originally consisted of 395 Articles divided into 22 parts and 8 schedules. Since 1951, several Articles have been added to and several Articles have been omitted grom the Constitution. The Indian Constitution contains not only the fundamental principles of governance, but also detailed administrative provisions. 

2. Parliamentary form of Government: 

The Constitution of India establishes a parliamentary form of Government, both at the Centre and States. The parliamentary system is based on the principle of co-operation and co-ordination between the legislative and executive organs. The essence of the parliamentary form of Government is its responsibility to the legislator. The President is the constitutional head of the State, the real executive power is vested in the Council of Ministers whose head is the Prime Minister. The Council of Ministers is collectively responsible to the Lower House of Parliament (Loksabha). The same system has followed in States Government also.

3. Independent Judiciary: 

The Indian Constitution establishes an integrated and independent judicial system. The Supreme Court stands at the top of the integrated judicial system in India. Below it, there are High Courts at the stste level. Under a High Court, there is a hierarchy of subordinate courts, that is District Courts and other lower courts. The Judiciary is the custodian of the rights of citizens and the Supreme Court is the guardian of the Constitution.

4. Blend of rigidity and flexibilty:

The Indian Constitution is a unique example of the combination of rigidity and flexibility. A Constitution may be called rigid or flexible on the basis of its amending procedure. The Constitution of India is neither rigid nor flexible, but a synthesis of both. Article 368 provides for two types of amendments :-
(a) Some provisions can be amended by a special majority of the Parliament.
(b) Some other provisions can be amended by a special majority the Parliament and with the ratification by half of the total states.

5. Fundamental Rights:

Part 3 of the Constitution of India establishes fundamental rights (Article 12-35). These are indeed the universal human rights that each Indian citizen enjoys. All Indian citizens have access to Articles 15, 16, 19, 29, and 30. Except for nationals of hostile nations, everybody who lives in this country is entitled to Articles 14, 20, 21, 21A, 23, 24, and 25-28.

6. Fundamental Duties: 

These responsibilities were not included in the original Constitution, but they were considered to be necessary subsequently. Invoking the Soviet Union, India's Government had 11 Fundamental Duties to Article 51 A of the Constitution. They were formed in 1976 as part of the 42nd Amendment Of the Constitution. The Government thought Indian nationals needed to adopt these values to demonstrate reverence for our country.

7.Single Citizenship:

The Constitution of India provides for single citizenship. This implies that whoever obtains the citizenship rights of another nation instantly loses their Indian citizenship. The UK Constitution inspired this notion of citizenship. People can benefit from the development of advantages merely by becoming citizens. The ability to vote and be elected to positions such as President and Member of Parliament is only accessible to Indian nationals.

8. Universal Adult Suffrage: 

Democratic government is people’s government. The country is administered by the elected representatives of the people. The Constitution gives every person, above the age of 18 years, right to elect the representatives for the Parliament and State Legislature. This right is not qualified either on the basis of sex, property or taxation. The old system of communal electorates has been abolished.

9. A Federation with strong centralising tendency: 

This is one of the important features of the Constitution of India. It is a Federal Constitution but it acquires unitary tendency during the time of emergency.  During proclamation of emergency the distribution of power between Centre and State undergoes a radical change. The Parliament acquires the power to legislate on any subject mentioned in the State List. Executive and financial arrangements are also altered and Centre can direct State on these matters as well.

10. A Secular State: 

A Secular State has no religion of its own as recognised religion of state. The Constitution established India as a secular state. It is mandatory to incorporate this term to promote peace between various communities in our country. Secularism promotes the development and unity of various religions. The term “Secular” was added by the 42nd amendment in the Preamble

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