Every Constitution in the world varies according to the needs and aspirations of the particular country and has its unique characteristics. The same remains true with the Indian Constitution. It has prominent features which differentiate it from the constitutions of other democracies.
The Constitution begins with the Preamble which delineates the ideals, objectives, and the basic principle on which the Constitution is founded. As such, the salient features of the Constitution are directly influenced by it.
Salient Features of the Indian Constitution
The following are the salient and prominent features of the Indian Constitution:
Lengthiest Written Constitution
The Indian Constitution, with 395 Articles and 12 Schedules, holds the distinction of being the world’s longest and most detailed constitution produced so far. It is a highly comprehensive, elaborate, and detailed document and rightly so given the geographical vastness, cultural diversity, and long colonial history, having played their role in shaping it. Along with the fundamental principles of governance of the country, it also contained well-detailed provisions for efficient and effective administration of the country.
Derived from various sources
Most of the provisions of the Indian Constitution are derived from a large variety of sources which include colonial legislations, constitutions of other countries, etc. While the structural part of the constitution is primarily influenced by the Government of India Act, of 1935, the philosophical part including Fundamental Rights and Directive Principles of State Policy is derived from the American and Irish Constitutions respectively. The political aspects of the Constitution are majorly influenced by the British Constitution.
A unique blend of Rigidity and Flexibility
The constitutions around the world are majorly classified as either rigid (American Constitution) or flexible (British Constitution). A rigid constitution is one in which the amendments require a special procedure while in a flexible one, amendments can be made just like an ordinary law. India has a unique blend of Rigidity and Flexibility in its constitution, providing for about three types of amendments which range from simplest to much complex procedures for amendment.
Federal System with Unitary Bias
The Indian Constitution provides for a federal system of government with a strong unitary bias. While it contains the features of a federation including two governments, division of powers, etc., at the same time there are numerous unitary features including a strong center, emergency provisions, all-India services, etc. On the whole, the unitary features dominate, though federalism has been protected as well. India itself is laid to be a ‘Union of States’ meaning the Indian Federation isn’t made from an agreement among states as in the US and no state can secede from it. Hence, it is popularly called federal in form but unitary in nature.
Parliamentary Form of Government
The Indian constituent assembly adopted the Parliamentary form of government as prevalent in Britain in contrast with the Presidential form of government in America. The Indian parliamentary form of government provides for a responsible government not only at the center but also at the state. As such, in India, the Prime Minister and Chief Ministers are the key at central and state levels and the President and Governors are mere executives working on the advice of the council of ministers.
Balance of Parliamentary Sovereignty and Judicial Supremacy
Parliamentary Sovereignty and Judicial Supremacy are two ideas taken from different constitutions and the Indian constitution maintains a balance between the both in its application to India. The doctrine of Parliamentary sovereignty is associated with Britain while judicial supremacy is with America. Indian constitution synthesizes both ideas and balances them in such a way that every law of parliament can be checked for its constitutionality by the judiciary and the legislature is also vested with the power of amending the constitution and thus guiding the judiciary.
Integrated and Independent Judiciary
The Constitution of India provides for strict adherence to complete independence of the judiciary free from any influence of the other two organs i.e. executive and legislature. The Supreme Court acts as the apex court and the highest court of appeal and acts as the guardian of the Constitution. There are adequate provisions to keep the appointments, decision-making, and working of the judiciary free from any interference and influence.
Indian form of Secularism
The Indian Constitution has enshrined within it the idea of secularism as existent in Western nations, however, the Indian notion of Secularism is completely different from Western one. While the Western notion of secularism calls for a complete separation of the state and the religion thus having a negative notion of secularism, the Indian constitution provides for a positive notion of secularism. Though the state would not identify itself with any religion, it would provide every religion with equal respect and protection. The state would neither accord preferential treatment to any religion nor discriminate on a religious basis.
Single Citizenship
Usually, in federal states like the USA, citizens are vested with double citizenship, one of the whole nation and the other of a particular state or province. However, that is not the case with India. Every citizen is accorded Single Citizenship and is considered only a Citizen of India no citizen of Rajasthan, Tamil Nadu, etc. Single Citizenship was the deliberate choice of constitution-makers to eliminate regionalism and relevant disintegrating tendencies.
Fundamental Rights, Directive Principles of State Policy and Fundamental Duties:
The Indian Constitution provides a culmination of Justiciable as well as Non-Justiciable rights and at the same time lays down the duties of the citizens. The Fundamental Rights provided under Part III of the constitution laid down the various rights fundamental to human existence to the people of India which are justiciable and can be enforced in the court.
The DPSPs for the non-justiciable part which though not specifically justiciable guides and imposes on the state a positive duty towards directing their policies towards fulfilment of DPSPs. Further, the constitution also lays down certain duties for the citizens to observe, though they are non-justiciable and non-enforceable.
Emergency Provisions
The Constitution also provides for the situation when the government in the country cannot be run as in the ordinary times and suit to emergencies. The emergency provisions contained in it are incorporated to safeguard the unity, integrity, and sovereignty of the nation in such emergency circumstances. During the war, external aggression, or armed rebellion (Art. 352), failure of constitutional machinery in states (Art. 356), and Financial Emergency (Art. 360), the center can become all-powerful and take control of all power of the states to meet the emergency.
Local Self Government
The three-tiered structure of governance provides, in addition to center and state, local self-government in India. The goal for local self-government was already laid in DPSPs which was further brought into action via the 73rd and 74th Constitutional Amendments of 1992 adding a third tier of government i.e. Local Government consisting of Panchayats and Municipalities, never found in any other constitution anywhere.
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