The Indian Constitution, adopted on November 26, 1949, is the supreme law of the country and lays the foundation for its political framework. It not only outlines the structure and functioning of various organs of government but also safeguards the rights and freedoms of its citizens. A significant aspect of the Indian Constitution is its comprehensive nature, drawing inspiration from multiple global constitutions. Below is an in-depth exploration of the salient features of the Indian Constitution.
1. Written and Longest Constitution
One of the most prominent features of the Indian Constitution is that it is a written document. It is the longest constitution in the world, consisting of 395 Articles in 22 Parts and 12 Schedules (at the time of its adoption). Over the years, the number of Articles has increased with amendments, and the Constitution now contains more than 450 Articles.
Its detailed nature arises from the diverse challenges faced by India at the time of its drafting. The framers included provisions to cover every aspect of governance, rights, duties, and powers of different institutions.
2. Sovereign, Socialist, Secular, Democratic, Republic
The Preamble of the Constitution outlines these key features, highlighting the essence of the Indian state:
Sovereign: India is an independent nation, free to conduct its internal and external affairs without external interference.
Socialist: Socialism, introduced via the 42nd Amendment (1976), emphasizes the goal of reducing inequalities in wealth, income, and status.
Secular: The state has no official religion and treats all religions equally.
Democratic: India has a government by the people, where citizens elect their representatives through regular elections.
Republic: The head of the state is an elected president rather than a hereditary monarch.
3. Parliamentary System of Government
India follows a parliamentary system of government, similar to the British model. In this system, there is a close relationship between the legislative and executive branches of government. The President is the nominal executive, while the Prime Minister and the Council of Ministers exercise the real executive power. The ministers are members of the legislature and are accountable to it.
The system ensures that the executive remains answerable to the legislature, thus preventing autocratic rule.
4. Federal Structure with a Unitary Bias
The Indian Constitution establishes a federal system of government where powers are divided between the Central and State Governments. The distribution of powers is specified in the Seventh Schedule, which contains three lists:
Union List: Subjects on which only the Central Government can legislate.
State List: Subjects under the purview of State Governments.
Concurrent List: Both the Centre and the states can legislate, but in case of conflict, the Union law prevails.
Although India is federal, it has certain unitary characteristics. In emergencies, the Centre has the authority to take control of the state machinery, highlighting the unitary bias of the Constitution.
5. Independent Judiciary and Judicial Review
The Indian judiciary is independent, and it is vested with the power of judicial review. This means that the judiciary has the authority to review laws passed by the legislature and actions taken by the executive to ensure they conform to the Constitution.
The judiciary is designed to function without interference from the other organs of government, ensuring impartiality and the protection of citizens’ rights. The Supreme Court of India is at the apex of the judiciary, followed by High Courts at the state level and subordinate courts.
6. Fundamental Rights
The Constitution guarantees Fundamental Rights to all citizens under Part III, from Articles 12 to 35. These rights are essential for the all-round development of individuals and are enforceable by courts. There are six categories of Fundamental Rights:
1. Right to Equality (Articles 14-18)
2. Right to Freedom (Articles 19-22)
3. Right against Exploitation (Articles 23-24)
4. Right to Freedom of Religion (Articles 25-28)
5. Cultural and Educational Rights (Articles 29-30)
6. Right to Constitutional Remedies (Article 32)
The inclusion of these rights ensures the protection of individual liberties against state action and provides legal recourse in case of violations.
7. Directive Principles of State Policy
Under Part IV of the Constitution, the Directive Principles of State Policy (Articles 36-51) aim to guide the government in the formulation of laws and policies to achieve social and economic justice. While these principles are not enforceable by law, they are fundamental in the governance of the country.
The Directive Principles emphasize the state's role in securing a welfare society, reducing inequalities, and ensuring the well-being of citizens.
8. Fundamental Duties
The 42nd Amendment Act, 1976 introduced Fundamental Duties under Part IV-A of the Constitution. These duties, outlined in Article 51-A, are moral obligations placed on citizens to promote patriotism and uphold the unity of the nation. Some of these duties include respecting the national symbols, protecting public property, and promoting harmony.
Although these duties are not legally enforceable, they serve as a reminder of the moral obligations citizens owe to their country.
9. Single Citizenship
India follows the concept of single citizenship. Unlike the United States, where individuals are citizens of both the country and their state, Indian citizens are only citizens of India. This ensures national unity and integration by providing equal rights and privileges to all citizens, irrespective of the state in which they reside.
10. Universal Adult Suffrage
One of the most important features of the Indian Constitution is the provision of universal adult suffrage. This means that every Indian citizen who is 18 years or older, irrespective of caste, creed, gender, or social status, has the right to vote in elections. This democratic principle ensures broad participation in the political process and strengthens representative democracy.
11. Emergency Provisions
The Constitution provides for emergency provisions to safeguard the unity, integrity, and security of the country. There are three types of emergencies:
1. National Emergency (Article 352) due to war, external aggression, or armed rebellion.
2. State Emergency or President’s Rule (Article 356) due to the failure of the constitutional machinery in a state.
3. Financial Emergency (Article 360) due to a threat to the financial stability of the country.
These provisions grant significant powers to the Central Government during emergencies, allowing it to assume greater control over the states and suspend Fundamental Rights.
12. Amendability
The Indian Constitution is both rigid and flexible. It can be amended through a well-defined process laid out in Article 368. While certain provisions can be amended by a simple majority in Parliament, others require a special majority or even the consent of half of the state legislatures.
The basic structure doctrine, as evolved by the Supreme Court in the
Kesavananda Bharati case (1973), places a limitation on Parliament’s power to amend the Constitution. It holds that the basic structure of the Constitution, such as judicial review and federalism, cannot be altered.
13. Bicameral Legislature
The Indian Parliament is bicameral, consisting of two houses:
1. Lok Sabha (House of the People): The lower house, with members directly elected by the people.
2. Rajya Sabha (Council of States): The upper house, with members elected by state legislatures.
This bicameral structure ensures representation both of the people and the states in the legislative process.
14. Secularism
Secularism is one of the fundamental features of the Indian Constitution. It means that there is no official religion, and the state treats all religions equally. This feature, while not explicitly stated in the original Constitution, was incorporated through the 42nd Amendment in 1976. However, the essence of secularism was always present, as seen in the provisions related to religious freedom and equal treatment of all religious communities.
Conclusion
The Indian Constitution is a living document that has evolved through amendments, judicial interpretations, and changes in societal needs. Its salient features, such as federalism, fundamental rights, and the parliamentary system, reflect the aspirations of its people for democracy, equality, and justice. It continues to be a beacon of hope for the largest democracy in the world and remains a source of unity and strength for its diverse population.
.png)
.png)
.png)
.png)