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Salient Features Of The Indian Constitution

March 26, 2024 3063 0

Features Of The Indian Constitution: Democracy, Equality, and Justice 

The Indian Constitution, adopted on January 26, 1950, is one of the lengthiest and most comprehensive constitutions in the world. It embodies the fundamental principles of democracy, equality, and justice, while also reflecting the country’s diverse cultural, social, and historical contexts. 

Some salient features of the Indian Constitution include:

FEATURES EXPLANATION
Lengthiest Written Constitution
  • Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules.
  • Factors Underlying Elephantine Size: Vastness of the country and its diversity, Historical factors, Single Constitution for both Centre and states, and Dominance of legal luminaries in the Constituent Assembly.
  • Presently, it consists of a Preamble, about 470 articles, and 12 schedules.
Drawn from various sources The Constitution of India has borrowed most of its provisions from the Constitutions of various other countries as well as from the Government of India Act of 1935.
Federal System with Unitary Bias
  • The term Federation has nowhere been used in the Constitution. 
    • Article 1 provides for India as a Union of States.
  • Federal Feature: Two governments, division of powers, written Constitution, bicameralism, supremacy of Constitution, etc.
  • Unitary/Non-federal Features: Strong center, single constitution, single citizenship, integrated judiciary, all- India services, emergency provisions.
Rigidity and Flexibility The Indian Constitution is neither rigid (like the USA) nor flexible (like Britain), but a blend of both.
Parliamentary form of Government
  • The Indian Constitution has preferred the British Parliamentary System (Westminster model) of government over the American Presidential System of government, where Executives remain responsible to the Parliament.
  • The Constitution establishes the Parliamentary system at the Centre and also in the States.
  • Features: Presence of nominal and real executives; Rule of the majority party; Leadership of the Prime Minister or the Chief Minister; Membership of the ministers in the legislature; Dissolution of the lower house (Lok Sabha).
Synthesis of Parliamentary Sovereignty and Judicial Supremacy
  • The sovereignty of Parliament is associated with the British Parliament.
  • Judicial supremacy is associated with the American system.
Integrated and Independent Judiciary
  • The Supreme Court stands at the top of the integrated judicial system in the country, followed by High courts in states and subordinate courts and other lower courts.
  • Supreme Court: Highest court of appeal; Guarantor of the fundamental rights of the citizens; Guardian of the constitution.
  • India: A single system of courts enforces both the central laws as well as the state laws. Provides for ‘procedure established by law’ (Article 21).
  • USA: Federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary. Provides for ‘due process of law’.
Fundamental Rights Meant for promoting the ideals of political democracy. Part III of the Constitution guarantees six Fundamental Rights to all citizens:

  1. Right to Equality (Article 14-18)
  2. Right to Freedom (Article 19-22)
  3. Right against Exploitation (Article 23-24)
  4. Right to Freedom of Religion (Article 25-28)
  5. Cultural and Educational Rights (Article 29-30)
  6. Right to Constitutional Remedies (Article 32)
Directive Principles of State Policy
  • It is mentioned in Part IV of the constitution. 
  • To promote the ideals of social and economic democracy.
  • Non-justiciable in nature, i.e. they are non-enforceable by the courts for their violation.
  • Classified Into Three (Not in Constitution): Socialistic, Gandhian, and Liberal-intellectual.
  • Aim: To establish a ‘welfare state’ in India.
  • Significance: Fundamental in the governance of the country, and it shall be the duty of the state to apply these principles in making laws.
Fundamental Duties
  • Added to the Constitution (by 42nd Amendment Act) only after the recommendations of the Swaran Singh Committee.
  • Part IV-A of the Constitution (only one Art 51-A) specifies the 11 Fundamental Duties.
  • Non-justiciable in nature.
Secular State
  • The term Secular was added to the Preamble by the 42nd CAA, 1976.
  • Does not uphold any particular religion as the official religion of the Indian State.
  • Western Concept of Secularism: Complete separation between the religion (the church) and the state (the politics).
  • The Indian Concept of Secularism: Embodies the positive concept of Secularism, i.e. giving equal respect to all religions or protecting all religions equally.
  • Articles Promoting Secularism: Preamble, Article 14, 15, 16, 25-30, 44.
Universal Adult Franchise
  • The voting age was reduced to 18 years from 21 years in 1989 by 61st CAA, 1988.
  • Universal Adult Franchise: Basis of elections to the Lok Sabha and the state legislative assemblies.
Single Citizenship
  • India: Enjoy the same political and civil rights of citizenship all over the country.
  • USA: Each person is not only a citizen of the USA, but also a citizen of the particular state to which he belongs.
Independent Bodies Bulwarks of the Democratic System: Election Commission, Comptroller and Auditor General, Union Public Service Commission, State Public Service Commission.
Emergency Provisions
  • Rationality Behind Provisions: To safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
  • National Emergency (Art. 352)
  • State Emergency or President’s Rule (Art. 356 and Art. 365)
  • Financial Emergency (Art. 360)
  • Unique Feature: During an emergency, the federal structure converts into a unitary one without a formal amendment of the Constitution.
Three-tier Government
  • 73rd CAA, 1992: Constitutional recognition to Panchayats (Part IX,Schedule 11).
  • 74th CAA, 1992: Constitutional recognition to Municipalities (Part IX-A, Schedule 12).
  • Article 40: Organisation of village panchayats (Gandhian principle).
Cooperative Societies
  • 97th CAA, 2011: Constitutional status and protection to co-operative societies.
  • Fundamental Right: The right to form cooperative societies is a Fundamental Right (Art. 19).
  • Added a new DPSP on the promotion of cooperative societies (Art. 43B).
  • Added a new part IX-B entitled “Co-operative Societies” (Art. 243-ZH to 243-ZT).

 

Schedule of Indian Constitution

Schedule Provisions
Schedule 1
  • Name of states and UTs along with territorial jurisdiction.
Schedule 2
  • Provisions relating to emoluments, allowances, privileges: – President, governors, speaker and Dy. Speaker of LS and SLA, chairman and Dy. Chairman of RS and SLC, judges of SC and HC, CAG.
Schedule 3
  • Oaths and affirmations for: Union Ministers, candidates for election to the Parliament, MPs, judges of SC and HC, the CAG, the candidates for election to the state legislature, members of State Legislatures. etc
Schedule 4
  • Allocation of seats in the Rajya Sabha to the states and UTs.
Schedule 5
  • Administration and control of scheduled areas and scheduled tribes
Schedule 6
  • Administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram (Art. 244 and 275).
Schedule 7
  • Division of powers between the Union and the States via 3 lists.
    • Union List– 97 subjects
    • State List– 66 subjects
    • Concurrent List– 47 subjects
Schedule 8
  • Languages recognized by the Constitution. (Originally – 14 languages. presently there are 22 languages.) 
  • English and Bhojpuri are not Schedule Languages
Schedule 9
  • Protection of laws from judicial invalidation (added by 1st amendment 1951; PM – Jawaharlal Nehru);
Schedule 10
Schedule 11
  • Related to Panchayats: Schedule was added by the 73rd CAA, 1992.
  • It consists of 29 functional matters.
Schedule 12
  • Related to Municipalities: Added by 74th CAA 1992; consist of 18 functional matters.

 

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Conclusion

  • The Indian Constitution stands as a remarkable document that embodies the aspirations, values, and principles of a diverse and democratic nation. 
  • Its salient features, including federalism, fundamental rights, secularism, and an independent judiciary, provide the framework for governance and ensure the protection of citizens’ rights and liberties. 
  • With a blend of rigidity and flexibility, the Constitution has endured for decades, evolving with the changing needs of society while upholding its core principles. 
  • As a beacon of democracy in the world, the Indian Constitution remains a testament to the strength and resilience of the Indian nation.

 

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