Discuss the Salient Features of Indian Constitution.

Introduction:

The Constitution of India is the supreme law of India. It is a living document, an instrument which makes the government system work. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. It is the longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules, 5 appendices and 101 amendments (out of 120 Constitution Amendment Bills). Dr. Bhimrao Ramji Ambedkar is widely regarded as the architect of the Indian Constitution. The Constitution follows parliamentary system of government and the executive is directly accountable to the legislature. The Constitution was adopted by the India Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.

Meaning of Constitution:

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. A Constitution means a document having a special legal sanctity which sets out the framework and the principal functions of the organs of the Government of a State and declares the principles governing the operation of those organs.

Salient Features of Indian Constitution:

1. A Written Constitution

The Indian Constitution is mainly a written constitution. A written constitution is framed at a given time and comes into force or is adopted on a fixed date as a document. As you have already read that our constitution was framed over a period of 2 years, 11 months and 18 days, it was adopted on 26th November, 1949 and enforced on January 26, 1950. Certain conventions have gradually evolved over a period of time which have proved useful in the working of the constitution. The British Constitution is an example of unwritten constitution. It is to be noted though, that a written constitution is ‘mainly’ an enacted document, there could be bodies or institutions which may not be included in the constitution but form an important part of governance.

2. The lengthiest Constitution in the World:

The Indian constitution is the lengthiest in the world. The original constitution had 395 Articles divided into 22 Parts and 12 Schedules, while, the constitution of USA has only 7 Articles. The framers of the Indian Constitution have gained experience from the working of all the known Constitution of the world. They were aware of the difficulties faced in the working of this Constitution. The Indian Constitution lays down the structure not only of the Central Government but also of the State. The vastness of the Country and peculiar problems relating to the language have added to the bulk of the constitution. The Constitution contains a long list of Fundamental Rights and also a number of Directive Principles.

3. Parliamentary form of Government

India has a parliamentary form of democracy. This has been adopted from the British system. In a parliamentary democracy there is a close relationship between the legislature and the executive. The Cabinet is selected from among the members of legislature. The cabinet is responsible to the latter. In fact the Cabinet holds office so long as it enjoys the confidence of the legislature. In this form of democracy, the Head of the State is nominal. In India, the President is the Head of the State. Constitutionally the President enjoys numerous powers but in practice the Council of Ministers headed by the Prime Minister, which really exercises these powers. The President acts on the advice of the Prime Minister and the Council of Ministers.

4. A Combination of Rigidity and Flexibility:

The Indian Constitution is a unique example of combination of rigidity and flexibility. A constitution may be called rigid or flexible on the basis of its amending procedure. In a rigid constitution, amendment of the constitution is not easy. The Constitutions of USA, Switzerland and Australia are considered rigid constitutions. While, the British Constitution is considered flexible because amendment procedure is easy and simple. The Constitution of India provides for three categories of amendments. In the first category, amendment can be done by the two houses of Parliament simple majority of the members present and voting of before sending it for the President’s assent. In the second category amendments require a special majority. Such an amendment can be passed by each House of Parliament by a majority of the total members of that House as well as by the 2/3rd majority of the members present and voting in each house of Parliament and send to the President for his assent which cannot be denied. In the third category besides the special majority mentioned in the second category, the same has to be approved also by at least 50% of the State legislatures. Thus, you see that the Indian Constitution provides for the type of amendments ranging from simple to most difficult procedure depending on the nature of the amendment.

5. Fundamental Rights and Fundamental Duties

Every human being is entitled to enjoy certain rights which ensure good living. In a democracy all citizens enjoy equal rights. The Constitution of India guarantees those rights in the form of Fundamental Rights. Fundamental Rights are one of the important features of the Indian Constitution. The Constitution provides for six Fundamental Rights about which you will read in the following lesson. Fundamental Rights are justiciable and are protected by the judiciary. In case of violation of any of these rights one can move to the court of law for their protection. Fundamental Duties were added to our Constitution by the 42nd Amendment. It lays down a list of ten Fundamental Duties for all citizens of India. While the rights are given as guarantees to the people, the duties are obligations which every citizen is expected to perform.

6. Directive Principles of State Policy

The Directive Principles of State Policy which have been adopted from the Irish Constitution, is another unique feature of the Constitution of India. The Directive Principles were included in our Constitution in order to provide social and economic justice to our people. Directive Principles aim at establishing a welfare state in India where there will be no concentration of wealth in the hands of a few.

7. Independence of Judiciary

India has a single integrated judicial system. The Supreme Court stands as the apex court of the judicial system. Below the Supreme Court are the High Courts. The High Courts control and supervise the lower courts. The Indian judiciary, thus, stands like a pyramid with the lower courts as the base, High Courts in the middle and the Supreme Court at the top. Indian judiciary is independent an impartial. The Indian judiciary is free from the influence of the executive and the legislature. The judges are appointed on the basis of their qualifications and cannot be removed easily

8. Single Citizenship

In a federal state usually the citizens enjoys double citizenship as is the case in the USA. In India there is only single citizenship. It means that every Indian is a citizen of India, irrespective of the place of his/her residence or place of birth. He/she is not a citizen of the Constituent State like Jharkhand, Uttaranchal or Chattisgarh to which he/she may belong to but remains a citizen of India. All the citizens of India can secure employment anywhere in the country and enjoy all the rights equally in all the parts of India.

9. Universal Adult Franchise

Indian democracy functions on the basis of ‘one person one vote’. Every citizen of India who is 18 years of age or above is entitled to vote in the elections irrespective of caste, sex, race, religion or status. The Indian Constitution establishes political equality in India through the method of universal adult franchise.

10. Emergency Provisions

The Constitution makers also foresaw that there could be situations when the government could not be run as in ordinary times. To cope with such situations, the Constitution elaborates on emergency provisions. There are three types of emergency;

a) emergency caused by war, external aggression or armed rebellion;

b) emergency arising out of the failure of constitutional machinery in states; and

c) financial emergency.