Salient Features of Indian Constitution
Constitution of India An Introduction with flow Chart & Schedules
The Nature of Constitution ( Federal or Unitary)
Salient Features of Indian Constitution
The Lengthiest Constitution of the World
The Indian Constitution is the world’s longest & written constitution. At the start, there were 395 articles, 22 parts, and 8 schedules. The constitution now contains 395+53 = 448 articles (due to 105 amendments), 22+3 parts, and 12 schedules. The Indian Constitution is a collection of articles drawn from numerous constitutions around the world. As we all know, India is a diverse country, therefore drafting a long constitution with many clauses to balance the differences is required.
Establishment of a Sovereign, Socialist, Secular Democratic Republic-
The Constitution’s preamble states India to be a sovereign, socialist, secular, democratic republic.
Sovereign – The term “Sovereign” indicates that India is not dependent on any other authority. It implies that India is sovereign both internally and externally. Its membership in the Commonwealth of Nations and the United Nations Organization does not limit her sovereignty.
Socialist – The term “Socialist” was added into the Constitution by the 42nd Amendment Act of 1976. It appears in both democratic and communist constitutions. In general, the word implies that the state owns some type of production and distribution materials. It promotes equality among people and ensures their well-being.
Samantha v. State of Andhra Pradesh was a case in which the term “Socialist” was discussed. According to the ruling, “the term socialist is used to lessen inequalities in income and status, as well as to provide equality of opportunity and facilities.” The concept of socialism drove away capitalism, which was deemed harmful to the economy.
Secularism- The term “secularism” was inserted to the Preamble by the 42nd amendment.
The term ‘Secularism’ refers to a state that does not have its own established religion. It is tolerant of all religions. In a secular State, the State regulates the relation between mam and man. It is not concerned with the relation of man with the God.
In the case of S. R. Bommai v Union of India, it was determined that “religion has no place in matters of State,” and that secularism is one of the Basic Feature of the Constitution.
In the case of Indira Nehru Gandhi v. Shri Raj Narain & Anr It is established that the state shall not discriminate against any person based on religion.
Democratic – The term “democracy” refers to a form of governance established by the constitution that derives power from the people. Rulers are elected by the people and responsible to the people.
The preamble to the constitution proclaims that the constitution’s objectives are justice, liberty, equality, and fraternity, which are the core features of democracy. The Preamble to the Constitution states that the Indian Constitution was adopted and enacted by the Indian people. They are the ultimate rulers of the republic. As a result, the true conditions are in the hands of the Indian people.
Republic – The term “republic” is borrowed from the French constitution. The term “republic” refers to the power of the people to choose their representatives. This assures that our country has no hereditary rulers and that elections are held. The President (elected person) of India serves as the country’s head of state for a definite period.
Parliamentary form of Government (Bicamerial Legislature System)
The Indian Constitution established a parliamentary form of government at both the Centre and state level. In this regard, the framers of the Constitution have faithfully followed the British model. We were accustomed to this style of government. The parliamentary form of government is defined by its accountability to the legislature. The president is the state’s constitutional head. The Council of Ministers, headed by the Prime Minister, holds true executive power. The Council of Ministers is collectively accountable to the Lok Sabha, the lower parliament. Members of the lower house are directly chosen by the people using the adult voting for a five-year term. The situation is the same in each state. As a result, this government is known as a responsible government.
Related articles – 74 & 75 for Central and 163 & 164 concerned with the parliamentary system in States.
The presidential system is used in some countries, such as the United States of America. In a presidential government, the president is the head of state. The parliamentary system is preferable to the presidential system because it ensures that power and authority are not concentrated in the hands of a single individual.
Meaning of bicameral legislature – A bicameral legislature is one that has two houses. The Indian Parliament is divided into two houses, the Lok Sabha and the Rajya Sabha. Few Indian states have bicameral legislatures comprised of the Vidhan Sabha and the Vidhan Parishad, while others have a single body, the Vidhan Sabha.
Unique blend of rigidity and flexibility
One of the reasons for the length of the Indian constitution is that it is neither rigid nor flexible. The US Constitution is a well-known example of a rigid constitution since it is difficult to modify. Although amending the “Constitution of India” is not difficult because 105 amendments have already been passed, several processes must be done before the amendment is suggested. As a result, the Indian Constitution is a one-of-a-kind combination of rigidity and flexibility.
Fundamental Rights
The third part of the Indian Constitution (Articles 12 – 35) contains fundamental rights against the state. The State may not enact law that restricts or limits any of the citizens’ rights established in Part III of the Constitution. If such a law is passed, it may be considered unconstitutional by the courts. However, just declaring certain fundamental rights will be ineffective if there is no mechanism in place to enforce them. When these rights are violated, our Constitution grants the Supreme Court the authority to provide the most effective remedies in the form of Writs Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. Fundamental rights do not have absolute status. Fundamental rights do not have absolute status. They are restricted in some ways.
Directive Principles of State Policy
(Articles 36-51) of the Indian Constitution deal with the directive principles of national policy. Every country is responsible for applying these principles while developing new laws. It is essentially a set of instructions to the legislature and the executive, and the state must follow them when enacting new laws. These are not judicial rights, as opposed to fundamental rights. If the country fails to implement any of the Part IV rules, the court will not commence legal procedures. It has received a lot of criticism due to a lack of implementation. Although they are not legally defendable, national authorities must respond to voters during elections.
A Federation with a strong centralising tendency
The most notable feature of the Indian constitution is that, as a federal constitution, it requires a unitary character in times of emergency.” The typical division of powers between the centre and the states changes dramatically during the declaration of an emergency. The union Parliament has the authority to legislate on any issue on the state list. The central government has the authority to direct how the states should conduct their executive powers. The union government can also change the financial arrangements between the central and the states. During an emergency declaration, all functions are centralised in the union government, and the constitution takes on a unitary character. The Indian Constitution is unique in its blend of a federal and a unitary system.
Adult Suffrage
In our country, under the principle of adult suffrage, any citizen above the age of 18 has the right to vote. This clause was inserted to the 61st Amendment (also known as the 1988 Constitution Act). Prior to the modification, the voting age was 21 years. Any adult qualified to vote should not face discrimination on the basis of race, gender, or religion. Article 326 of the Indian Constitution protects this freedom, with the exception of those disqualifications specified in the Article, such as non-residence, unsound mind, and criminals involved in corrupt and illegal practises.
An Independent Judiciary
Salient Features of Indian Constitution-The Indian constitution establishes an independent and impartial judiciary with the power of judicial review to protect fundamental rights. It is the safeguard of citizens’ rights.The Supreme Court is considered as the democracy’s watchdog.
A Secular State
A Secular State has no recognised religion as the state religion.” It treats all religions equally. The Indian Constitution’s Preamble emphasises that India must be a secular state. The state simply governs the interaction between man and man in a Secular State. It is unconcerned with man’s relationship with God. The Fundamental Rights (Art. 25-28) guarantee citizens with the freedom to practise their beliefs and religious practises, and no one can be coerced to follow any religion. However, it should be recognised that religious freedom is not an absolute right, but is subject to state regulation. Nothing can be done in the name of religion that is contrary to public order, morals, or public health. Democratic socialism also affects secularism.
Single Citizenship
In India, there is only one citizenship: Citizenship of India. There is no separate citizenship for the states and the centre, as there is in other federal countries such as the United States of America. Part 2 of the Indian Constitution guarantees our citizens single citizenship. Every Indian is a citizen of India and has the same citizenship rights regardless of where he lives.
Fundamental Duties
The 42nd Amendment Act of 1976 introduced fundamental duties as a part (IVth A) Article 51A to the Constitution. There are not specific laws in the courts to enforce fundamental duties, such as fundamental rights, but it is also required to fulfil the fundamental duties.
In the case of AIIMS Student Union vs AIIMS “ it was held that the fundamental duties are equally important as the fundamental rights.”
Judicial Review
In the Salient Features of Indian Constitution Judicial review is a useful tool for investigating and balancing the separation of powers. Any behaviour that contradicts the fundamental principles of the Constitution can be invalidated by courts having judicial review powers. The Supreme Court’s judicial review is addressed in Articles 32 and 136 of the Indian Constitution. Articles 226 and 227 deal with the High Court’s judicial review. Judicial review is confined to three categories: unreasonableness and irrationality, illegality, and procedural irregularity.
In the Cases of Kerala Bar Hotels Association v. State of Kerala, AIR 2016 SC 163 at p.181
And Census Commissioner v. R. Krishnamurthy, (2015) 2 SCC 796 referred to.
it is held that judicial review is justified only if the policy is arbitrary, unfair, or violates fundamental rights.
In the Case of Tamil Nadu pollution control board V sterilo Industries Limited, AIR 2019 SC 1074.
It is determined that an order issued by the state government under Section 18 of the Water (Prevention and Control of Pollution) Act is not amenable to judicial review under the National Green Tribunal Act of 2010.
Salient Features of Indian Constitution