Salient features of constitution of India

Salient features of constitution of India

Every written Constitution in the World has its own unique features and Indian Constitution is no exception. But there are many salient features of the Indian Constitution that make it distinct from Constitutions of other nation.

1. Lengthiest Constitution in the World

The Indian Constitution has 395 Articles and 12 Schedules which makes it the lengthiest written Constitution in the World. Just compare it the Constitutions of other countries. For instance, UK does not have any written Constitution, while there are just 7 Articles in the US Constitution.

Not only this but about 90 Articles have been added since 1951 and more than 104 Amendments took place.   But since the Articles are not added separately rather as part of an existing Article (eg. Article 21A, 35A etc) the total number of Articles remains the same at 395.

NB: As of January 2020, there have been 104 amendments to the Constitution of India since it was first enacted in 1950. 

2. Drawn from Different Sources

The Indian Constitution has been framed from multiple sources that include the Government of India Act of 1935, and Constitutions of other countries.

Sl	Feature of Indian Constitution	Borrowed From (Source)
1	Basic structure (Federal scheme, Judiciary, Governors, Emergency powers, Public Service Commissions, Administrative details etc.)	Government of India Act 1935
2	Fundamental Rights	American Constitution
3	Directive Principles	Irish Constitution
4	Cabinet form of government	British Constitution

Besides these, various provisions have also been adopted from the Constitutions of Canada, Australia, Germany, USSR, and France.

3. Federal System with Unitary Features

The Indian Constitution contains all the federal features of governance like dual system of government (center and states), division of powers between the three organs of state (executive, judiciary and legislature), Supremacy of the Constitution, independent Judiciary and bicameralism (lower house and upper house).

In spite of this, the Indian Constitution is unique as it contains many unitary features like a strong centre, All India Services common to the centre and the states, Emergency provisions that can modify the Constitution into a unitary one if the need arises, appointment of Governors by the President on the advice of the centre etc.

In fact, Article 1 clearly mentions that India is a “Union of states” and not a federation of states. In India, the states did not come together to form the centre (or Union) like in the case of USA which is the purest form of a federation. Rather it is the centre that created the states for administrative convenience. Article 3 of the Indian Constitution makes the Parliament the sole authority to create new states which clearly indicates that the Indian Constitution is Unitary in nature with certain federal features.

 4. Parliamentary Form of Government

The Indian Constitution has opted for the Parliamentary form of government on the pattern of the British parliamentary system of government. 

The salient features of the Parliamentary form of government are:

    1.   Executive is part of the legislature

    2.   Collective responsibility of the council of ministers to the legislature

    3.   Majority party rule

    4.   Leadership of the Prime Minister or the Chief Minister in the state

    5.   Dissolution of the lower house (Lok Sabha and state assemblies)

    6.   Cabinet form of government

5. Balance between Parliamentary Sovereignty and Judicial Supremacy

The Indian Constitution has struck a fine balance between Parliamentary sovereignty and Judicial supremacy. The Supreme Court is vested with the power of judicial review vide Articles 13, 32 and 136. It can strike down any Parliamentary law as unconstitutional through its power of judicial review.

The Parliament, on the other hand, being the representative of the will of the people is vested with the authority to make laws and it can also amend the major portion of the Constitution through its Amending powers vested vide Article 368.

6. Independent and Integrated Judicial System

Unlike the USA where there is a 2 tier judiciary, in India, a single system of judiciary prevails with the Supreme Court at the top, the High Courts at the state level and district and other subordinate courts below and subject to the supervision of the High Courts.

All the levels of courts in India are tasked with the duty of enforcing central as well as state laws unlike in the US where the Federal courts adjudicate on federal matters and state courts on matters relating to the states.

Not only is the judicial system well integrated in India, but it is also independent due to the following provisions:

   1.   Appointment of judges of Supreme Court and High Courts by collegium system

   2.   Removal of judges through impeachment procedure which is very difficult to pass through in Parliament

   3.   Salaries, pensions and allowances of judges of Supreme Court are charged upon Consolidated Fund of India

    4.   Power to punish for contempt of itself

    5.   Ban on the practice of judges after retirement

7.   Fundamental Rights

The most visible difference between the Indian Constitution and the Government of India Act, 1935 under British rule is the inclusion of a set of Fundamental Rights (Art 12-35) in the Constitution. The Constitution of India includes these rights in a separate Part which has often been referred to as the ‘conscience’ of the Constitution. Fundamental Rights protect citizens against the arbitrary and absolute exercise of power by the State. The Constitution guarantees the rights to individuals against the State as well as against other individuals. 

The Constitution also guarantees the rights of minorities against the majority. However, the Fundamental Rights are not absolute. They are subjected to certain restrictions, based on some social interests. Thus, our Constitution tries to strike a balance between the individual liberty and the social interest.

          8.   Fundamental Duties

The Constitution (42nd Amendment Act, 1976) has introduced a Code of ten “Fundamental Duties” for Citizens. In 2002, one more duty was added to it. The fundamental duties are intended to serve as a constant reminder to every citizen that while the Constitution has specifically conferred on them certain fundamental rights, it also requires the citizens to observe certain basic norms of democratic conduct and democratic behaviours. 

These duties, like the Directive Principles of State Policy cannot be judicially enforced. However they remind the responsible citizen what Constitution expects from them. It’s a unique feature of the Indian Constitution that takes something from the citizens instead of only giving and makes the citizens duties a part of the basic law of the land.

9. Directive Principles of State Policy

The Directive Principles of State Policies (DPSPs) enshrined in Part IV of the Constitution aim to make India a welfare state. Dr B.R. Ambedkar, therefore, calls the Directive Principles as a ‘novel feature’ of the Indian Constitution. 

The Directive Principles are non-justiciable in nature, that is, they are not enforceable by the courts for their violation.However, their utility lies in the moral obligation they cast upon the state to apply these principles in making laws. As such, directive principles are fundamental in the governance of the country.

10.  Blend of Rigidity and Flexibility

When it comes to ease of amendment the Indian Constitution strikes a fine balance between rigidity and flexibility. Article 368 provides for two types of amendments:

    1.   Some provisions can be amended by a special majority of the Parliament i.e. a 2/3rd majority of the members of each House present and voting and majority (that is, more than 50 percent) of the total membership of each House.

   2.   Some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states.

This ensures that the Constitution is amended with the widest possible majority.

At the same time, some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner of ordinary legislative process. Such amendments do not fall under the ambit of Article 368.

         11.       Universal adult franchise

Under the Indian Constitution every adult above 18 years of age has been given the right to elect representatives for the legislatures without any discrimination or prescribing any qualification based either on religion, race, caste, sex, descent, and place of birth or residence or even property, education or the like. This right is known as universal adult franchise. The right of universal adult franchise is the only way to assert the popular sovereignty underlying principle of democracy. It has been further ensured by the creation of an independent Election Commission.

           12.       Emergency provisions

The most remarkable feature of the Indian Constitution is that being a federal Constitution it acquires unitary character during the time of emergency. During the proclamation of emergency the normal distribution of powers between the Centre and the States undergoes a vital change. The Parliament is empowered to legislate on any subject mentioned in the State list. The Central government is empowered to give directions to a State as to the manner in which it should exercise its executive powers. The financial arrangements between the Centre and States can also be altered by the Union government. Thus during the proclamation of emergency, all powers are centralized in the Union government and the Constitution acquires unitary character.

           13. Secularism

In no other country of the world so many religions co-exist as in India. In view of such diversity the Constitution guarantees complete freedom of religion to all. The citizens of our country are free to follow any religion and they enjoy equal rights without any distinction of caste, creed, religion or sex. Even though the word “secular” has been included in the Preamble by 42nd Amendment, the secular feature of the Indian State was already ensured in various provisions of the Constitution. 
The State does not discriminate against anyone on the ground of his religion, nor can the State compel anybody to pay taxes for the support of any particular religion. Everybody is equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. The Constitution regards religion as a private affair of individuals and prohibits the State from interfering with it. The Constitution also grants various cultural rights to minorities. By the 42nd Amendment in 1976, the term "Secular" was also incorporated in the Preamble.

14. Single citizenship

Though the Constitution envisaged a dual polity i.e., Centre and States, it provides for a single citizenship for the whole of India. It means that every Indian is a citizen of India, irrespective of the place of his/her residence or birth anywhere in the country. This is unlike the United States of America where there is the system of double citizenship i.e. the citizen of USA and a State citizenship. Every Indian has a citizenship throughout the country with same rights. This provision in the Indian Constitution definitely reinforces the values of equality, unity and integrity.

NB : Texts in blue color are just for knowledge not for notes for preparing answer.