Salient
Features of the Constitution
of India
The Indian Constitution is unique in its contents and spirit, although borrowed from almost every Constitution of the World, it has some salient features that distinguish it from rest of the world.
The salient features of the Constitution are as follows -
1. Lengthiest Written Constitution in the World.
Constitution are classified into two categories, first is Written (like American Constitution) and second is unwritten (British Constitution).
- The constitution of India is the lengthiest written constitution of the world.
- Originally (when it commenced in 1949) it contained a Preamble, 395 Articles (divide into 22 Parts) and 8 Schedules.
- Presently it contains 470 Articles, 25 parts, and 12 Schedules.
2. Drawn From Various Sources
The Constitution of India has borrowed most of its provisions form the Constitutions of various other countries as well as from the Government of India Act 1935.
- Dr. B.R. Ambedkar acclaimed that Indian Constitution has been framed after ‘ransacking all the know Constitution of the World.
- The structural part of the constitution derived from the Government of India Act 1935.
- The philosophical part (the Fundamental Rights and the Directive Principal of State Policy) of the constitution derived from American and Irish Constitution respectively.
- The political part (the principal of Cabinet Government and the relations between the executive and the Legislature) has been drawn from the British Constitution.
3. Blend of Rigidity and Flexibility.
Constitution are also classified into rigid and flexible. A rigid constitution is one that requires a special procedure for its amendment (like American Constitution), and the Flexible constitution is that which do not requires any special procedure (like British Constitution).
- The Constitution of India is neither rigid nor flexible, nut a synthesis of both.
- Article 368 provides for two types of amendments which requires special procedure.
- Some amendments can be simply made by the majority of the Parliament which do not requires any special procedure.
4. Federal System with Unitary Bias
The Constitution of India establishes a federal system of Government.
- It contains all the usual features of a federation, viz., two Government, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.
- Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all-India services, emergency provisions and so on.
- The term ‘Federation’ has nowhere been used in the Constitution. (Article 1 describes India as a ‘Union of States’ that implies two things: one, Indian Federation in not the result of an agreement by the states and other is that no state has the right to secede from the federation.
- The Indian Constitution has been variously described as;
I. ‘Federal in from but, Unitary in Spirit.’
II. Quasi-Federal by K.C.
III. ‘Bargaining federalism’ by Morris Jones.
IV. ‘Co-operative federalism’ by Granville Autin.
V. ‘Federation with a centralising tendency’ by Ivor jennings.
5. Parliamentary Form of Government
The Constitution of India has opted for the British Parliamentary System of Government. The parliamentary system is also known as the ‘Westminster’ Model of Government, Responsible, ‘Prime Ministerial Government’ and Cabinet Government.
The Features of the Parliamentary Government in India are follows -
1.) Majority party rule.
2.) Collective responsibility of the executive.
3.) Membership of the ministers in the legislature.
4.) Leadership of the Prime Minister or the Chief Ministerial.
5.) Dissolution of the lower House (Lok Shabha or Assembly).
6. Integrated and Independent Judiciary
The Indian Constitution establishes a judicial system that is integrated as well as independent.
Two Level of Judiciary (High Courts and Supreme Court).
- The single system of courts enforces both the central laws as well as the state laws.
- The Supreme Court is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and the guardian of the Constitution.
7. Fundamental Rights
Part III of the Indian Constitution guarantees six fundamental rights to all the citizens
a.) Right to equality ( Article 14-18)b.) Right to Freedom ( Article 19-22)
c.) Right against exploitation (Articles 23-24)
d.) Right to freedom of Religion (25-28)
e.) Cultural and Educational Rights (Articles 29-30)
f.) Right to Constitutional Remedies (Article 32)
8. Directive Principals of State Policy (DPSPs)
Dr. B.R. Ambedkar says DPSPs is a ‘novel feature’ of the Constitution.
- Part VI of the constitution deals with DPSPs.
- The Directive Principal are meant for promoting the ideal of social and economic democracy.
- They seek to establish a ‘welfare state’.
- These principal are fundamental in the governance of the country and it shall be the duty of the states to apply these principal in making laws.
9. Fundamental Duties
The original constitution did not provide for the fundamental duties of the citizens, these were added during the operation of internal emergency (1975-76).
- It was in constitution by the 42nd Constitution amendment act in 1976 on the recommendation of Swaran Singh Committee.
- There are 11 fundamental duties.
10. Single Citizenship
In USA like countries they have dual Citizenship, one is provided by the Central and Other one by the state in which they are born.
- In India, all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country and no discrimination is made between them.
11. Emergency Provisions
The Indian Constitution provides a special power to president to counter any extraordinary situation in country.
- These provisions is to safeguard the Sovereignty, Unity, Integrity and security of the Country, the Democratic political system and the constitution.
- The Constitution envisages three types of Emergency;
1.) National Emergency (at the time of War, External aggression or Rebellion). [Article 352]2.) State Emergency or President’s Rule ( when constitutional machinery fails in States). [Article 356] and the failure to comply the directions of the Centre. [Article 365]
3.) Financial Emergency (when it is threat on financial stability or credit of India) [Article 360]
12. Three-tier Government
Originally, the Indian Constitution provides dual polity and contained Provisions or Centre and State.
- later, the 73rd and 74th Constitution Amendment Acts (1992) have added a third-tier of Government, that is local government.(which is not found in any other constitution of the World)
From here you can download Original Constitution of India provided by Government of India.
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