Topic 2 : Salient Features of Indian Constitution

Salient Features of Constitution of India

(1) Written Constitution : Constitution of India is single and longest written document. It was adopted on 26th November, 1949 and enforced on January 26, 1950. Our Constitution was framed in 2 years, 11 months and 18 days, by a Constituent Assembly. 
Originally it had 22 Parts, 395 Articles and 8 Schedules. And the number of amendments passed since its enforcement in 1950, have also become a part of the Constitution.
The Indian Constitution is one of the lengthiest constitutions in the world. There are 448 Articles and 12 Schedules in our Constitution.

(2) A unique blend of Rigidity and Flexibility : The Indian Constitution is a unique illustration of mix of rigidity and flexibility. 
A constitution is called rigid or flexible based on its amending procedure. 
In a rigid constitution, amendment of the constitution isn't simple like the constitutions of USA, Switzerland and Australia are inflexible/rigid constitutions. 
While, the British Constitution is considered flexible because of its amendment process is simple and easy. 
The Constitution of India has three categories of amendments ranging from simple to most difficult procedure depending on the nature of the amendment.

So, there is a balance between rigidity and flexibility in our constitution.

(3) Single Constitution : Unlike the US, India has a single constitution.

(4) Sovereign, Socialist, Secular, Democratic, Republic :The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic and Republic. Socialist and Secular these words were added in the Preamble of the Constitution by 42nd amendment of 1976.

Sovereign : The term Sovereign was added in the Preamble to give supreme power to the Government. The term  Sovereignty is the foundation of our Indian Constitution that secures the authority of individuals. Sovereign is a fundamental factor of every  state.

Socialist : The term Socialist was included in the Preamble of the Constitution by 42nd Amendment , which was passed in 1976. This implies a framework which will try to keep away from grouping of abundance/wealth in a couple of hands and will guarantee its even handed distribution.

Secular : The term Secular was added in the Preamble of Constitution by 42nd Amendment 1976. There is no state religion in India. Each resident is allowed to follow and practice the religion of his/her own choice/wish. The state cannot discriminate among its citizen based on religion.

Democracy : Democracy provides people with the power to govern. The representative form of the Government is suitable for governing our country due to the huge population.

Republic : This concept of  Republic was borrowed from the Constitution of France. The term republic provides the people power to elect their own representatives. It is the basis of our constitution as it ensures that the head of the State is not a hereditary monarch but a President who is indirectly elected by the people. The President of India is an elected head of the State for a fixed tenure.

(5) Parliamentary Form of Government : India is a parliamentary form of Government. Adopted from the British system. In a parliamentary democracy there is a close relationship between the Executive and the Legislature. The Cabinet is selected from among the members of legislature. The cabinet is responsible to the latter. In this form of democracy, the Head of the State is nominal. Constitutionally the President has numerous powers but in practice the Council of Ministers headed by the Prime Minister, exercises these powers. 

(6) Fundamental Rights (FR's) and Fundamental Duties : The Constitution of India guarantees Fundamental rights. There are 6 Fundamental Rights  and 11 Fundamental Duties, they are,

i. Right to Equality.

ii. Right to Freedom.

iii. Right against Exploitation.

iv. Right to Freedom of Religion.

v. Cultural and Educational Rights.

vi. Right to Constitutional Remedies.

Fundamental Duties :

i. Abide by the Constitution and respect national flag & National Anthem

ii. Follow ideals of the freedom struggle

iii. Protect sovereignty & integrity of India

iv. Defend the country and render national services when called upon

v. Sprit of common brotherhood

vi. Preserve composite culture

vii. Preserve natural environment

viii. Develop scientific temper

ix. Safeguard public property

x. Strive for excellence

xi. Duty for all parents/guardians to send their children in the age group of 6 -14 years to school.

(7) Directive Principles of State Policy (DPSP's) : The Directive Principles of State Policy are listed in part IV of the Indian Constitution.

It is the duty of every State to apply these principles while making any new legislation.

This idea was taken from Irish Constitution.

 The Directive Principles of State Policy is similar to the ‘Instrument of Instructions’ that is in the Government of India Act 1935. 

They are basically instructions of the constitution to the Government i.e., the Executive and the Legislature that has to be followed while framing new legislation by the State. 

Various Directive principles, they are,

(a) The State shall promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

(b) The state should ensure that the citizens should have adequate means of livelihood.

(c) The state should make sure that the ownership and control of material resources are equally distributed among citizens.

(d) The state should provide equal pay for equal work irrespective of gender.

(e) The state must also take care of the operation of the economic system and should make sure it does not lead to concentration of wealth.

(f) The State shall provide free legal aid shall secure that the operation of the legal system in order to promote justice.

(g) The State shall take steps to organise village panchayats and should encourage self-governance in villages.

(h) The State shall make provision for providing just and humane conditions of work and for maternity relief.

(i) The State shall develop the educational and economic interests of the weaker sections of the people like the Scheduled Castes and the Scheduled Tribes, and can save them from social injustice and all kinds of exploitation.

(j) The State shall regard the raising of the level of nutrition and the standard of living of its people in order to bring improvement in public health.

(k) The State shall bring out new scientific developments in the field of agriculture and animal husbandry.

However, they are not binding on the Government.

(8) Independent Judiciary : Indian judiciary is independent and impartial. 

It is free from the influence of the Executive and the Legislature. Its judges are appointed on the basis of their qualifications and cannot be removed easily neither can their terms of office be altered to their disadvantage.

(9) Single Citizenship : In a federal system, normally we see double citizenship. In USA every citizen besides being a citizen of USA, is the citizen of the state in which he/she resides. 

But the Constitution of India provides for single citizenship i.e., Every Indian, irrespective of his place of birth or residence, is a citizen of India.

(10) Universal Adult Franchise : The concept Univeral Adult Franchise allows every citizen of the country who is above 18 years has the Right to vote. Any adult who is eligible to vote should not be discriminated on any basis caste, gender and religion. 

This provision was added in the 61st amendment of 1988. 

The accepted age for voting was 21 years before this amendment afterwards it was changed to 18 years of age. 

Article-326 of the Indian Constitution guarantees this right to vote.

(11) Single Integrated Judicial System : India has a single integrated judicial system. 

The Supreme Court is the apex court of the judicial system. 

The Indian judiciary is like a pyramid with the lower courts as the base, High Courts in the center and the Supreme Court at the top in hierarchy.

(12) Emergency Provisions : The Constitution framers had expected that there could be situations where government could not be run as usual in ordinary manner. To deal with these situations our constitution contains certain emergency provisions. 

During emergency the fundamental rights of the citizens can be suspended and our government becomes a unitary one.

The Constitution makes provisions for the proclamation of National Emergency under Article 352, State Emergency U/A 356 and Financial Emergency U/A 360.