Salient Features of The Constitution of India

Table of Contents

The Constitution of India stands as a monumental testament to the country’s democratic aspirations, social justice, and political unity. Drafted by the Constituent Assembly, it took nearly three years to complete and was officially adopted on January 26, 1950. This document is not merely a legal framework; it is the bedrock of India’s governance and reflects the Nation’s diverse cultural, social, and political fabric. This article delves into the salient features of the Indian Constitution, highlighting its uniqueness and the critical role it plays in shaping the country.

1. The Lengthiest Written Constitution

The Indian Constitution is the longest written Constitution in the world, with 395 Articles, 25 Parts, and 12 Schedules. It has grown even more extensive with numerous amendments over the years. The length of the Constitution can be attributed to India’s vast diversity, the need to address the complexities of its federal structure, and the inclusion of detailed administrative provisions. Unlike the American Constitution, which is more concise, the Indian Constitution covers a wide array of topics, ensuring that every aspect of governance is comprehensively addressed.

2. Borrowed Provisions with Unique Integration

While the Indian Constitution draws heavily from other Constitutions around the world, it integrates these borrowed features into a unique framework tailored to India’s specific needs.
The Indian Constitution is often described as a “bag of borrowings”. These borrowed provisions have been integrated to suit the unique needs of India:

Government of India Act, 1935:

Federal Scheme
Office of Governor
Public Service Commissions
Emergency Provisions
Administrative Details

British Constitution:

Parliamentary System of Government
Rule of Law
Single Citizenship
Bicameralism (Two Houses of Parliament)
Cabinet System
Prerogative Writs

U.S. Constitution:

Fundamental Rights (Bill of Rights)
Independence of the Judiciary
Judicial Review
Impeachment of the President
Removal of Supreme Court and High Court Judges
President as the Supreme Commander of Armed Forces

Irish Constitution:

Directive Principles of State Policy
Nomination of Members to the Rajya Sabha
Method of Election of the President

Canadian Constitution:

Quasi-Federalism (A federation with a strong central government)
Residual Powers to the Centre
Appointment of Governors by the Centre
Advisory Jurisdiction of the Supreme Court

Australian Constitution:

Concurrent List (Subjects where both the Centre and States can legislate)
Freedom of Trade and Commerce
Joint Sitting of the Parliament for resolving deadlocks

Weimar Constitution of Germany:

Suspension of Fundamental Rights during Emergency
Provisions for Emergency

French Constitution:

Ideals of Liberty, Equality, and Fraternity enshrined in the Preamble

Russian (Soviet) Constitution:

Fundamental Duties
The idea of a Socialist State

South African Constitution:

Procedure for Amendment of the Constitution
Election of Members of the Rajya Sabha
Japanese Constitution:
Procedure for Law-Making

3. Blend of Rigidity and Flexibility

One of the most defining features of the Indian Constitution is its ability to balance rigidity with flexibility. The amendment process outlined in Article 368 allows for a mix of both rigid and flexible amendments. Some provisions require a special majority in Parliament, and in some cases, ratification by at least half of the state legislatures, while others can be amended by a simple majority. This ensures that the Constitution remains relevant and adaptable to changing circumstances while safeguarding its fundamental principles.

4. Federal Structure with a Unitary Bias

The Constitution establishes a federal system of government, which divides powers between the central and state governments. However, it also incorporates several unitary features, making India a “quasi-federal” state. During normal times, the powers are distributed between the Centre and the states through three lists—Union, State, and Concurrent. However, during emergencies, the central government assumes greater powers, effectively converting the federal structure into a unitary one. This flexibility allows the Indian State to maintain unity and integrity in times of crisis.

5. Parliamentary System of Government

India’s choice of a Parliamentary system of government, as opposed to a Presidential system, reflects the influence of the British model. The President of India is the ceremonial head of state, while the Prime Minister is the head of government. The Parliamentary system ensures a close relationship between the executive and the legislature, with the executive being accountable to the legislature. This system fosters cooperation and coordination between different branches of government, ensuring stability and continuity.

6. Integrated and Independent Judiciary

The Indian Constitution provides for an independent and integrated Judiciary, which is essential for the protection of the rights of citizens and the maintenance of the rule of law. The Judiciary is not only independent of the executive and legislature but also functions as a single system with the Supreme Court at the top, followed by High Courts and Distrcit Courts. The power of judicial review, as exercised by the Supreme Court, ensures that any law or executive action that violates the Constitution can be struck down. Landmark judgments like Kesavananda Bharati v. State of Kerala (1973) have reaffirmed the Judiciary’s role in preserving the Constitution’s basic structure.

7. Fundamental Rights and Directive Principles

Part III of the Indian Constitution guarantees six Fundamental Rights to citizens, including the right to equality, freedom, and protection against exploitation. These rights are enforceable by the Courts, making them justiciable. In contrast, the Directive Principles of State Policy, enshrined in Part IV, are non-justiciable but serve as a guide for the State in creating policies aimed at establishing social and economic democracy. Together, they form the cornerstone of India’s commitment to justice, liberty, and equality.

8. Secularism and Social Justice

The Indian Constitution enshrines the principle of Secularism, ensuring that the State does not favor any religion and treats all religions equally. The word “secular” was explicitly added to the Preamble by the 42nd Amendment in 1976, although the secular nature of the Constitution was inherent from the beginning. Articles 25 to 28 guarantee the freedom of religion, allowing individuals to practice, profess, and propagate their faith without State interference. This commitment to Secularism is complemented by the Constitution’s focus on social justice, aiming to uplift marginalized communities through affirmative action and the protection of rights.

9. Emergency Provisions

The Constitution’s Emergency provisions are among its most controversial and significant features. These provisions allow the Central government to assume wide-ranging powers during times of crisis. There are three types of emergencies: National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360). These provisions ensure that the country’s sovereignty, integrity, and security are protected, even if it means temporarily suspending certain democratic rights and decentralization.

Conclusion

The Indian Constitution is a dynamic and living document that reflects the country’s commitment to democracy, social justice, and unity in diversity. Its unique blend of rigidity and flexibility, federal structure with unitary features, and incorporation of diverse global practices make it a powerful tool for governance. As India continues to evolve, the Constitution remains the guiding force, ensuring that the Nation’s democratic fabric is preserved while adapting to the needs of the present and future.