Salient Features of the Constitution

Preface The Indian Constitution is unique with respect to its elements and spirit. However, many of its elements have been borrowed from various constitutions of the world. There are many such elements of the Indian Constitution, which give it a different identity from the constitutions of other countries. 

It is worth noting that there have been significant changes in many of the substantive features of the Constitution adopted in 1949. Specifically the 7th, 42nd, 44th, 73rd, 74th and 97th Amendments. The 42nd Constitutional Amendment Act, 1976, which made many major changes in the Constitution, is called 'Mini Constitution'. However, in the Kesavananda Bharti case (1973), the Supreme Court held that the constitutional power conferred on Parliament under Article 368 does not allow it to change the 'Basic Structure' of the Constitution. 

features of the constitution 

Following are the features of the constitution in its present form:

1. Longest written constitution 

The constitution is divided into two sections – written, such as the US Constitution, and; Unwritten, such as the constitution of Britain. The Constitution of India is the longest written constitution in the world. It is a very comprehensive and detailed document.

Originally (1949) the Constitution had a Preamble, 395 Articles (divided into 22 parts) and 8 Schedules. Presently (2016) it has a preamble, 465 articles (divided into 25 parts) and 12 schedules. Various amendments since 1951 deleted about 20 articles and one part (Part-VII) and added about 90 articles, four parts (4A, 9A, 9B and 14A) and four schedules (9, 10, 11, 12) was added. No other constitution in the world has so many articles and schedules.

Following are the four reasons behind making the constitution of India elaborate:

(a) Geographical reasons, extent and diversity of India.

(b) Historical, as an example of this the effect of the 

Government of India Act, 1935 can be seen. This act was very comprehensive.

(c) Single Constitution for the Center and the States except Jammu and Kashmir.

(d) dominance of legal experts in the Constituent Assembly.

The constitution not only contains the fundamental principles of governance but also elaborate administrative provisions. In addition, in other modern democracies, matters that have been left to common law or established political practice have also been included in the constitutional document of India.

2. Canonical from various sources

The Constitution of India has taken most of its provisions from the provisions of the Government of India Act, 1935 in the constitutions of many countries of the world. Dr. Ambedkar proudly declared that, "The Constitution of India has been prepared after sifting through various constitutions of the world".

Most of the structural part of the constitution has been taken from the Government of India Act, 1935. The philosophical part of the constitution (Fundamental Rights and Directive Principles of State Policy) is inspired by the US and Ireland respectively. Much of the political part of the Indian Constitution (the principle of federal government and the relationship between the executive and the legislature) has been taken from the British Constitution.

Other provisions of the constitution have been taken from the constitutions of countries like Canada, Australia, Germany, USSR (now Russia), France, South Africa, Japan etc.

The greatest influence and source of material material on the Constitution of India has been the Government of India Act, 1935. The federal system, the judiciary, the governor, emergency powers, the Public Service Commission and most of the administrative details are derived from it. Since the coming of the Constitution, the provisions are either similar to or similar to this Act of 1935."

3. Coordination of flexibility and inflexibility 

Constitutions are also classified from the point of view of flexibility and inflexibility. A rigid or inflexible constitution is considered to be one which requires a special procedure to be amended. For example the US Constitution. Flexible or flexible constitution is called one, in which the process of amendment is the same as that of making any common laws, such as the constitution of Britain.

The Constitution of India is neither flexible nor rigid, rather it is a combination of both. Article 368 provides for two types of amendments:

(a). Certain provisions can be amended by a special majority in the Parliament. For example, a two-thirds majority of the members present and voting in both houses and a majority (that is, more than 50 percent) of the total members in each house.

(B). Some other provisions can be amended only with the special majority of the Parliament and the approval of more than half of the total number of states. Apart from this, some provisions of the constitution are common legislative process. like to be amended through simple majority in the parliament Can It is noteworthy that this amendment is under Article 368.Do not come

4. Federal system with a tendency towards unitaryism 

The Constitution of India establishes a federal government. It has all the common features of a union; For example, two governments, division of powers, written constitution, supremacy of the constitution, rigidity of the constitution, independent judiciary and bicameralism etc.

Although a large number of unitary and non-federal features are also present in the Indian Constitution, such as a strong center, one constitution, single citizenship, flexibility of the constitution, integrated judiciary, appointment of the governor by the center, all India services, emergency provisions, etc.

Yet, the word 'federal' is nowhere used in the Constitution. On the other hand, Article 1 refers to India as a 'Union of States'. This has two implications- first, the Indian Union is not the result of any agreement between the states, and second; No state has the right to secede from the union.

For this reason, the following names have been given to the Indian Constitution, such as - Union in the spirit of solidarity, Artha Sangh (K.C.Vere), 'bargaining federalism' (Morris Jones), 'co-operative federalism' (Grenville Austin), federation with a centralizing 'tendency' (Ivor Jennings and others).

5. Parliamentary form of government

The Indian constitution has adopted the parliamentary system of Britain instead of the presidential system of America. Parliamentary system based on the principle of co-ordination and co-operation between the legislature and the executive. While the presidential system is based on the principle of separation of powers between the two.

Parliamentary system is also known as “Westminster” form of government, responsible government and cabinet government. The constitution establishes a parliamentary system not only at the center but also in the states. 

Following are the features of the parliamentary system in India:

1. Presence of real and nominal executives,

2. Power of the majority party,

3. Joint accountability of the executive before the legislature, 

4. Membership of ministers in the legislature,

5. Leadership of Prime Minister or Chief Minister,

6. Dissolution of the Lower House (Lok Sabha or Legislative Assembly). 

Although the Indian parliamentary system is largely based on the British parliamentary system, there are some fundamental differences between the two. For example, unlike the British Parliament, the Indian Parliament is not sovereign. Also India has an elected head of state (republic), while Britain has a succession system.

In any parliamentary system, be it India or Britain, the role of the Prime Minister has become very important. As political experts give it the name of 'Prime Minister's Government'.

6. Coordination in Parliamentary Sovereignty and Judicial

 Supremacy The rule of parliamentary sovereignty is linked to the British Parliament, while the principle of supremacy of judiciary is derived from the Supreme Court of America.

Just as the Indian parliamentary system is "different" from the British system, the judicial review power of the Supreme Court in India is less than that of the US Supreme Court. This is because the US Constitution provides for 'due process of law', while the Indian Constitution There is a provision of 'procedure established by law' (Article 21).

Therefore, the framers of the Indian Constitution preferred to strike a proper balance between the parliamentary sovereignty of Britain and the supremacy of the judiciary of America. While the Supreme Court, under its powers of judicial review, Can declare the laws unconstitutional, on the other hand, Parliament can amend large parts of the constitution on the strength of its constitutional powers.

7. Integrated and Independent Judiciary 

The Indian Constitution establishes a judiciary, which is independent as well as integrated in itself.

The Supreme Court is at the apex of India's judicial system. Below this are the high courts at the state level. Below the high court in the states are subordinate courts, such as district courts and other lower courts. A single system of courts enforces central laws as well as state laws. And state laws are enforced by the state judiciary.

The Supreme Court is the federal court. It is the Apex Court, which guarantees the protection of the fundamental rights of the citizens and is the guardian of the constitution, hence many provisions have been made in the constitution for its independence; Such as security of tenure of judges, fixed service conditions for judges, bearing all expenses of the Supreme Court from the Consolidated Fund of India, prohibition of discussion on the functioning of judges in the legislature, prohibition of functioning in the court after retirement, for contempt Power to punish, separation of judiciary from executive etc.

8. Fundamental Rights

Six "Fundamental Rights" are described in Part III of the Constitution. These rights are:

1. Right to Equality (Articles 14-18).

2. Right to liberty (Articles 19-22).

3. Right against exploitation (Article 23-24).

4. Right to freedom of religion (Articles 25-28). 5. Right to cultural and education (Article 29-30).

6. Right to constitutional remedies (Article 32). 

The purpose of fundamental rights is to promote the spirit of political democracy. It acts as a check on the arbitrary laws of the executive and the legislature. Violation These can be enforced through the courts in case of the person whose fundamental right has been violated may directly can approach the Supreme Court, which Can issue records or writs like habeas corpus, mandamus, prohibition, writ of mandamus and eviction for defence.

Although fundamental rights come within certain limits, they are not immutable either. Parliament can abolish them through the Constitutional Amendment Act or can also reduce them. These can be suspended during national emergency except the rights conferred by Articles 20-21.

9. Directive Principles of State Policy

dr. R. According to Ambedkar, the Directive Principles of State Policy is a unique feature of the Indian Constitution. They have been mentioned in the fourth part of the constitution. They can be broadly divided into three categories – social, Gandhian and liberal-intellectual.

The work of policy-directive elements is to promote social and economic democracy. Their aim is to establish a 'welfare state' in India. However, unlike fundamental rights, they cannot be enforced in the form of law. The constitution states that these principles are fundamental in the governance of the country and it is the responsibility of the country to adopt these principles while making laws. Therefore, it is the moral duty of the states to implement them, but the real power behind them is political, that is, public opinion.

In the Minerva Mills case (1980) 12, the Supreme Court observed that, "The Indian Constitution is founded on a balance of Fundamental Rights and Directive Principles."

10. Fundamental Duties

The fundamental duties are not mentioned in the original constitution. These were included during the Internal Emergency (1975-(77)) through the 42nd Constitutional Amendment of 1976 based on the recommendation of the Swaran Singh Committee. The 86th Constitutional Amendment of 2002 added another fundamental duty.

1 Fundamental Duties are mentioned in Part 4A of the Constitution (in which there is only one Article 51A). Under this, it will be the duty of every Indian to respect the Constitution, National Flag and National Anthem, protect the sovereignty, unity and integrity of the nation; Preserving the rich heritage of our composite culture do; To develop the feeling of mutual brotherhood among all the people etc.

The fundamental duties remind the citizens that while exercising their rights, they should remember that they also have to perform some responsibilities towards their society, country and other citizens. Duties, like Directive Principles, cannot be enforced in law.

11. A secular state

The Constitution of India is secular. Therefore it does not recognize any particular religion as the religion of India. The 

following provisions of the Constitution reflect the secular features of India:

The Western concept of secularism maintains a complete separation between religion (Church) and state (Politics). This negative concept of secularism cannot be applicable in the Indian environment because the society here is multi-religious, therefore the positive aspect of secularism has been included in the Indian Constitution by giving equal respect to all religions or protecting all religions equally.

Apart from this, the constitution has also done away with the old "religion-based representation" which provided reservation of seats on the basis of religion in the legislature. However, the constitution provides for temporary reservation to provide proper representation to scheduled castes and tribes.

12. Universal adult suffrage 

Universal adult suffrage has been adopted by the Constitution of India as the basis of elections to the state assemblies and the Lok Sabha. Every person who is at least 18 years of age has the right to vote without any discrimination on the basis of religion, caste, gender, literacy or wealth etc. In 1989, the voting age was reduced from 21 years to 18 years by the 61st Constitutional Amendment Act, 1988.

In view of the country's large size, population, high poverty, social inequality, illiteracy etc., the inclusion of universal adult franchise in the constitution by the constitution makers was a bold and commendable experiment. ,

Adult suffrage gives a big base to democracy as well as increases the self-respect of the general public, implements the principle of equality, gives opportunities to minorities to protect their interests and raises new hopes and expectations for the weaker sections.

13. Single citizenship

Though Indian constitution is federal and represents two features (single and federal) but it has provision for only single citizenship i.e. Indian citizenship. On the other hand, in countries like the US, each individual has citizenship not only of the country but also of the state in which he/she lives. So he enjoys two sets of rights – first, conferred by the national government, and; Second, provided by the state government.

In India, all citizens, irrespective of the state in which they are born or live, have equal political and civil rights as citizens of the entire country and are not discriminated against, except in certain cases, such as tribal areas, Communal riots, class conflicts, caste wars, linguistic conflicts and ethnic conflicts have been taking place in India despite constitutional provisions of single citizenship and equal rights for all citizens like Jammu and Kashmir etc. The dream of nation building has not been fully fulfilled.

14. Independent Body

The Indian Constitution not only provides for the legislative, executive and judicial organs of the Government (Central and State), but it also establishes some independent bodies, which have been envisaged by the Constitution as important pillars of the democratic system of Government of India. 

Following are some such independent bodies:

A. Election Commission to ensure free and fair elections to the Parliament, State Legislatures, President of India and Vice-President of India.

B. Comptroller and Accountant General of India for the audit of State and Central Government accounts. They are the custodians of public money and comment on the legality and appropriateness of the expenditure incurred by the government.

C. Union Public Service Commission . It conducts examinations for recruitment to the All India Services 15 and higher level Central Services and advises the President on disciplinary matters.

D. State Public Service Commission, whose job is to conduct examinations for recruitment to state services in each state and to advise the governor on disciplinary matters. 

Various provisions, such as security of tenure, fixed service conditions, various expenses charged on the Consolidated Fund of India, etc. The constitution ensures the independence of these bodies through

15. Emergency Provisions 

Indian Constitution has extensive emergency provisions for the President to effectively deal with the emergency situation. The purpose of including these provisions in the constitution is- Sovereignty, unity, integrity and security of the country, constitution and democratic structure of the country provide security to

Three types of emergency have been discussed in the constitution:

During emergency, the entire power of the country comes in the hands of the central government and the states go under the control of the center. With this, the structure of the country changes from federal to unitary without amending the constitution. The change of political system from federal (during normal circumstances) to unitary (during emergency) is a unique feature of the Indian Constitution.

16. three tier government

Originally, like other federal constitutions, the Indian Constitution contained provisions for a two-tier polity (Centre and State) and organization and powers of the Center and the States. Later in the year 1992, the 73rd and 74th Constitutional Amendments introduced a three-tier (local) government. Provision was made, which is not there in any other constitution of the world

By adding a new part (9th) and new schedule (11th) in the constitution, Panchayats were given constitutional recognition through the 73rd constitutional amendment of the year 1992, in which a new part 97 was added. Similarly, the 74th Constitutional Amendment Bill, 1992 gave constitutional recognition to Municipalities (Urban Local Governments) by adding a new Part 9A * and new Schedule 12th

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