Features of Indian Constitution

 

Introduction Every written constitution in the world has its own unique characteristics, and no exception is the Indian Constitution. But the Indian Constitution has many prominent features that distinguish it from the other Constitutions. Our Constitution has adopted the best features of most of the major constitutions of the world as per the needs of the country.   Salient Features of the Constitution   World's Longest Constitution As the Constitution is not only a legal document but an instrument of social change, it has to be a detailed document in order to ensure that it stands the test of any situation in future. The Indian Constitution contains 395 articles and 12 schedules, making it the world's longest written constitution. One reason is that the Constitution has drawn from a variety of sources. The other is that the constitution-makers ensured that no element of uncertainty was left. Since the year 1950, the Indian constitution has undergone many changes and amendments with many additional articles added to it. It codifies in detail the relationship between the Union and the States and the State’s interests and contains both justiciable and non-justiciable rights as well as fundamental duties. Taken from various sources The Indian Constitution was framed from multiple sources including the 1935 Government of India Act and Other Countries Constitutions. Dr Bhim Rao Ambedkar, who was the major contributor in the drafting of the Indian constitution, took help from multiple sources. The basic structure of the constitution is taken from the Government of India Act 1935. The article of Fundamental rights is taken from the American Constitution. Directive Principles are taken from the Irish Constitution. Cabinet form of Government is sourced from British Constitution. Apart from these, there are many provisions added from the constitution of Canada, Germany, France, and USSR. This is the reason that the Indian Constitution is considered unique because it is sourced from major constitutions in the world and consolidated as one with some modifications to suit Indian needs and requirements. Flexible As Well As Rigid A rigid constitution is one which can’t be amended easily. A flexible constitution is one which can be amended easily. The Indian constitution is best known in the entire world for keeping the perfect balance between rigidity and flexibility. which means some parts of it can be amended by the Parliament by a simple majority, whereas some parts require a two-third majority as well as not less than one-half of the state legislatures. Federal System with Unitary Features Indian Constitution is neither ideally Federal Constitution of US type, nor ideally Unitary Constitution of British type. Article 1 of the Indian Constitution, it is clearly mentioned that India is a "Union of states" and is not a federation of states. Federal System with Unitary the Indian Constitution includes all the federal characteristics of governance such as dual government system (center and state), division of powers between the three state organs (executive, judiciary and legislature), constitutional supremacy, independent judiciary and bicameralism (lower and upper house). Nevertheless, the Indian Constitution is unique in that it includes many unitary features such as a strong centre, all India services common to the center and the states, emergency provisions that can transform the Constitution into a unitary one if necessary, appointment of governors by the president on the advice of the center, etc. Independent as Well As Integrated Judicial System In India, unlike the United States where there is a two-tiered judiciary, a single judicial system prevails with the Supreme Court at the top, the State and District High Courts and other subordinate courts below and subject to the supervision of the High Courts. It is the duty of all levels of courts in India to enforce both central and state laws unlike in the US, where federal courts adjudicate on federal matters and state courts on state matters. Not only is the judiciary system well fully integrated in India, but because of the following provisions it is also independent Ø  Appointment of judges of Supreme Court and High Courts by collegium system Ø  Removal of judges in Parliament through an impeachment procedure that is very difficult to pass Ø  Supreme Court judges’ salaries, pensions, and allowances are charged to India's Consolidated Fund Ø  Power to punish for self – disregard Ø  Ban on judges’ practice after retirement…etc Parliamentary Form of Government On the pattern of the British parliamentary system of government, the Indian Constitution has opted for the parliamentary form of government. In a Parliamentary form of government executive is part of the legislature and there is a collective responsibility of the council of ministers to the legislature, Rule of the majority party, Prime Minister's or chief minister's leadership in the state, Lower house dissolution (Lok Sabha and state assemblies), Government form of the Cabinet. Balance between the Sovereignty of Parliament and Judicial Supremacy A fine balance has been struck between parliamentary sovereignty and judicial supremacy by the Indian Constitution. The Supreme Court is vacuumed by Articles 13, 32 and 136 with the power of judicial review. By its power of judicial review, it can strike down any parliamentary law as unconstitutional. On the other hand, the Parliament, being the representative of the people's will, has the authority to make laws, and it can also amend the major part of the Constitution through its video vested powers under Article 368. Directive Principles of State Policy In Part IV of the Constitution, the Directive Principles of State Policies (DPSPs) aims to make India a welfare state. Dr. B.R. Ambedkar calls the Directive Principles as the Indian Constitution's novel feature.  The Principles of the Directive are inherently unjustifiable, that is, they are not enforceable for their violation by the courts.  Their usefulness, however, lies in their moral obligation to apply these principles to the state in making laws. As such, the principles of the directive are fundamental to the country's governance. Single Constitution for both Union and States India has a single Constitution for Union and all the States. The Constitution promotes the unity and convergence of the ideals of nationalism. Single Constitution empowers only the Parliament of India to make changes in the Constitution. It empowers the Parliament even to create a new state or abolish an existing state or alter its boundaries. Single Citizenship The Indian constitution provides a single citizenship for all the people residing different parts of the country and there is no separate citizenship for the states (Article 5–11). No state in India can discriminate against an individual of another state. Moreover, in India, an individual has the right to move to any part of the country or live anywhere in the territory of India except certain places. Emergency Provisions The constitution vests extraordinary powers, known as Emergency Powers in the President during emergencies out of armed rebellion or external aggression or due to failure of constitutional machinery in the state (Article 352–360). The President is empowered to take certain steps to tackle any extraordinary situation to maintain the sovereignty, security, unity, and integrity of the nation. The states become totally subordinate to the Central Government when an emergency is imposed. According to the need; an emergency can be imposed in parts or the whole of the country. The Constitution of India thus stands as an embodiment of democracy, fundamental rights, and decentralization of power to the lowest or to the grass-root level.