Salient features of Constitution of the Indian

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.

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.

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

Also Read: What is Democracy?

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.

Federal Structure with a Unitary Bias

The Indian Constitution establishes a federal system of government that divides powers between the central and state governments. However, it also incorporates several unitary features, making India a “quasi-federal” state. Under normal circumstances, power is distributed through three lists: Union, State, and Concurrent. During emergencies, however, the central government gains enhanced powers, effectively transforming the federal structure into a unitary system. This flexibility helps maintain the unity and integrity of the nation during times of crisis.

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.

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.

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.

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.

Emergency Provisions

Sharing is caring!