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.
- Special majority of the Parliament.
- 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:
- Zila parishad at district level;
- Panchayat samiti at intermediate or block level;
- Village or gram panchayat at village level.
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