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SALIENT FEATURES OF THE INDIAN CONSTITUTION


SALIENT FEATURES OF THE CONSTITUTION

                            
                                   India's Constitution is a unique constitution. It is the world's largest written democratic and liberal constitution. It gives a combination and flexibility and a combination of federalism and Unitarianism. The Constitution India has effectively guided India's progress and growth since its commencement on 26 January 1950.

 1. Lengthiest Written Constitution:

  • Indian Constitution is a very detailed and lengthy constitution.
  • It contains about 465 Articles (divided into 25 Parts) and 12 Schedules.
  • It is much bigger than the US and French Constitution. 
      •  (French Constitution - 89 Articles)
      •   (US Constitution - Only 7 Articles)

 2. Drawn From Various Sources:

  • Dr.B.R.Ambedkar proudly acclaimed that the Indian Constitution has been framed after ‘ransacking all the known Constitutions of the World
  • Structural part of the Constitution derived from the Government of India (GOI) Act of 1935.
  • Philosophical part of the Constitution (Fundamental Rights and Directive Principles of State Policy) derive their inspiration from the American and Irish Constitutions respectively.


 3. Blend of Rigidity and Flexibility:

  • India's constitution is kind of rigid. Some of its provisions are difficult to change, while others are quite simple.
  • Article 368 provides for two types of amendments.
  1. Special majority of the Parliament.
  2. Special majority of the Parliament and with the ratification by half of the total states.

 4. Federal System with Unitary Bias

  • While the Constitution refers to India as a Union of States, it also provides for a federal structure with a unitary spirit. Scholars described India as a 'Quasi-Federation' (K.C. Wheare), ‘A federation with a unitary bias, or even as ‘a Unitarian federation’

  • Features of a federation

      • Dual government,
      • Division of powers,
      • Supremacy of Constitution,
      • Rigidity of Constitution,
      • Written Constitution,
      • Independent judiciary
      • Bicameralism.

 5. Parliamentary Form of Government

  • Presence of nominal (e.g. President) and real executives (e.g. Prime-Minister)
  • Majority party will rule.
  • Collective responsibility of the executive to the legislature.
  • Membership of the ministers in the legislature.
  • Leadership of the prime minister or the chief minister.
  • Dissolution of the lower House (Lok Sabha or Assembly).

  6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy:

  • Indian parliamentary system is a proper blend of the British principle of parliamentary sovereignty and the American principle of judicial supremacy.
  • The Supreme Court can declare the parliamentary laws and Acts as unconstitutional through its power of judicial review.
  • The Parliament can amend the major portion of the Constitution through its constituent power.

 7. Integrated and Independent Judiciary:

  • Supreme Court is a federal court, the highest court of appeal.
  • The guarantor and savior of the fundamental rights of the citizens and the guardian of the Constitution.

  8. Fundamental Rights Part-III (Article 12-35)

  • Right to Equality (Articles 14–18),
  • Right to Freedom (Articles 19–22),
  • Right against Exploitation (Articles 23–24),
  • Right to Freedom of Religion (Articles25–28),
  • Cultural and Educational Rights (Articles 29–30),
  • Right to Constitutional Remedies (Article 32).

  9. Directive Principles of State Policy

  • According to Dr.B.R.Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.
  • In the words of Dr. Ambedkar, 'The Directive Principles are like the "instrument of instructions".

  10. Fundamental Duties (Total: 11) Article 51 A

  • The Fundamental Duties are, however, not enforceable by the courts.
  • 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee.
  • The 86th Constitutional Amendment Act of 2002 added one more fundamental duty.

  11.  A Secular State:

  • The word ‘Secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
  • India gives special status to no religion. There is no such thing as a state religion of India.

  12. Universal Adult Franchise:

  • The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act of 1988.
  • All men and women have an equal right to vote. Each adult man and woman above the age of 18 years has the right to vote.

  13.  Single Citizenship:

  • All citizens have a common uniform citizenship. They are entitled to equal rights and freedoms, and equal protection of the state.”

  14. Independent Bodies:

  • Judiciary, legislative, Executive bodies etc.

  15.  Emergency Provisions:

  • National emergency (Article 352);
  • State emergency (President’s Rule) (Article 356) and (Article 365)
  •  Financial emergency (Article 360).

  16. Three-tier Government:

  • 73rd and 74th Amendment Act of 1992.
  • The Balwant Rai Mehta Committee ( 1957) suggested - democratic decentralisation in a three-tier structure of panchayati raj. These three tiers of panchayati raj are:
    1. Zila parishad at district level;
    2. Panchayat samiti at intermediate or block level;
    3. Village or gram panchayat at village level.