Salient Features of the Indian Constitution

The Constitution of India is equipped with a fundamental structure, defining its essential features. These features encompass various constitutional provisions such as Fundamental Rights, Directive Principles, Federalism, and more. 

Introduction 

The Indian Constitution is distinctive, drawing inspiration from elements found in constitutions worldwide. 

The Indian Constitution has undergone numerous amendments, with the 42nd Amendment Act recognized as the Mini Constitution. 

However, in the Kesavananda Bharati Case (1973), the Supreme Court established that the Constituent Power of Parliament under Article 368 does not empower it to alter the basic structure of the Indian Constitution. 

According to Sir Ivor Jennings, the Indian Constitution was deemed "too rigid," whereas KC Were believed that the Indian Constitution strikes a delicate balance between rigidity and flexibility. 

Dr. B.R. Ambedkar advocated for "a tight structure of federalism" in the Constitution. G. Austin characterized Indian federalism as cooperative federalism. The SR Bommai vs Union of India (1994) case asserted that "the Indian Constitution is essentially a federal Constitution." 

Features of Indian Constitution 

The salient features of the Constitution are classified as below 

Lengthiest Written Constitution 

• Constitutions are generally categorized into two types: written and unwritten, with most nations adopting a written Constitution. 
• The American Constitution stands as the first modern written Constitution, while the British Constitution remains unwritten, relying on customs and conventions developed over time. 

India follows the written Constitution model, and its Constitution holds the distinction of being the longest globally. Initially comprising 395 Articles, 22 Parts, and 8 Schedules, it has evolved to encompass 470 Articles, 25 Parts, and 12 Schedules. 

• The length of the Indian Constitution can be attributed to several factors: 
  1. India employs a unified Constitution for both the Central and State governments. 
  2. The Government of India Act, 1935, was in effect at the time of India's independence, and its provisions heavily influenced the framing of the Indian Constitution. Unlike many other constitutions, it addresses citizenship and includes separate sections governing the Union and the States. 
  3. India's rich diversity, marked by numerous languages, castes, races, and religions, is reflected in the Constitution. 
  4. The document addresses the problems and interests of various groups, contributing to its comprehensive nature. 

Drawn from various Sources  

• The majority of provisions within the Indian Constitution find their roots in the Government of India Act of 1935 and the constitutions of various other nations. 
• The philosophical foundation of the Constitution, encompassing Fundamental Rights and Directive Principles of State Policy, is drawn from the American and Irish Constitutions, respectively. 
• The political dimensions of the Constitution, such as the concept of Cabinet Government and the dynamics between the Executive and the Legislature, bear substantial influence from the British Constitution. 
• The pivotal and primary source material for the Constitution was the Government of India Act, 1935. The Federal Scheme, Judiciary, Governors, Emergency Powers, Public Service Commissions, and a majority of administrative laws find their basis in this Act. 

Dr. Ambedkar aptly stated that the Indian Constitution was crafted after thorough examination of various constitutions worldwide. Other sections of the Constitution were adopted from countries such as Canada, Australia, Germany, France, South Africa, Japan, the former Soviet Union (now Russia), and more. 

Sources of Indian Constitution  

Sovereign State 

• The Indian Constitution has been embraced by the citizens of India, signifying that sovereignty resides in the Indian people. Sovereignty implies that the people of India are not subordinate to any external authority. 

Partly Rigid and Partly Flexible 

• Whether a Constitution is considered rigid or flexible is contingent upon the amendment process. Rigidity in a Constitution implies that amendments follow a rigorous procedure, akin to the USA. 
• On the contrary, a flexible Constitution allows for amendments to constitutional and ordinary laws in a straightforward manner, similar to Britain. 
• Amendments to the Constitution in India are enacted by the Indian Parliament, and the procedure for this process is determined by legislative mechanisms. In Article 368, the Constitution outlines two types of amendments: 
  • Certain provisions of the Constitution can be amended through a simple majority of the Parliament in the ordinary legislative process. These amendments do not fall under the purview of Article 368. 
  • Amendments requiring a special majority, i.e., a two-thirds majority of members present and voting in each House, along with a majority exceeding 50% of the total membership of each House, and ratification by 50% of the states. 
  • Certain provisions of the Constitution, however, necessitate more than parliamentary approval. For these provisions, the amending bill must first gain approval from both Houses of Parliament through a special majority (with the support of two-thirds of the members present and voting). Subsequently, it needs ratification by the legislatures of at least half of the states in India. 
  • These diverse amendment procedures render our Constitution partly flexible and partly rigid, striking a balance between the two. The Indian Constitution is characterized by its legalistic and intricate nature, with complex language earning it the moniker "Lawyer's Paradise." 

Democratic Republic 

• The Constitution has established a democratic republic in India, signifying that the government's authority originates from the people. In a liberal democracy, the term "democratic" underscores the idea that the separation of powers is crucial for fostering freedom. 
• In a republic, the head of government is not hereditary; instead, they are elected by the people or their elected representatives. 

Parliamentary Form of Government 

• Our constitutional architects embraced the Parliamentary Model for two primary reasons. 
• Firstly, they held the belief that the Parliamentary form of government would be more responsive and democratic compared to the Presidential form of government. 
• Their familiarity with the Parliamentary form of government grew during British rule, especially following the enactment of the Government of India Act, 1935. As a result, India has opted for the Parliamentary form of government at both the Centre and the State levels, choosing the British Model over the American Model of the Presidential System. 
• The fundamental principle of a Parliamentary form of government dictates that the executive is accountable to the legislature. While the President of India serves as the constitutional head of the Union Executive, their executive powers are exercised in accordance with the advice of the Council of Ministers. 
• Distinguishing between roles, the President holds the position of the head of state, while the Prime Minister leads the Council of Ministers. The President functions as a nominal executive, while the Prime Minister serves as the actual head of the executive. 
• In this system, the party with a majority in the Lower House (Lok Sabha) forms the government, and the Lok Sabha is subject to dissolution. 

Constitutionalism 

• The concept of constitutionalism serves as a political doctrine that legitimizes democratic governance. The Supreme Court, in the case of Rameshwar Prasad vs Union of India, emphasized that constitutionalism, or a constitutional system of government, should uphold democratic ideals and the rule of law. 
• A constitutional government is one bound by the provisions of the Constitution. It is founded on principles such as the separation of powers, a government that is responsible and accountable, an independent judiciary, and popular sovereignty. 

Federal Government with Unitary Bias  

• The Indian Constitution institutes a Federal System of Government, incorporating several unitary elements such as single citizenship and All India Services. 
• An integrated and autonomous judiciary exists, with the Supreme Court serving as the arbiter in disputes between the Centre and the States. 
• The distribution of powers between the Centre and the States in India is outlined in the Seventh Schedule of the Constitution, utilizing the Union List, State List, and the Concurrent List. 
• While these provisions establish India as a federation, the Centre holds more power than the States within this federation. The Centre possesses greater financial authority, and the States heavily rely on it for their economic development. The Governor serves as the representative of the Centre. 
• During emergencies, the Centre's powers expand significantly, leading to a weakening of the States. Consequently, India is characterized as a quasi-federal state, where the Centre occupies a more dominant position compared to the states. Despite this, the Constitution of India clearly defines the jurisdiction of powers. 

Division of Powers 

• The systematic division of powers between the Centre and the States ensures efficient functioning. This is accomplished by categorizing subjects into three lists: 
  • Union List: Comprising 100 subjects (originally 97 subjects), including defense, international affairs, railways, etc., where the Centre holds exclusive decision-making authority. 
  • State List: Encompassing 61 subjects (originally 66 subjects), such as public health, police, etc., empowering States to make decisions independently without the direction of the Centre. 
  • Concurrent List: Involving 52 subjects (originally 47 subjects), including education, economic and social planning, etc., where both the Centre and the States share jurisdiction. Parliament has the exclusive power to legislate on matters not enumerated in the Concurrent List or State List. 

Independent and Integrated Judiciary 

• An independent judiciary guarantees a justice system that operates free from control by other branches of the government or any political authority. The Constitution of India mandates the establishment of an independent and integrated judiciary. The judiciary is designed to operate independently from both the executive and the legislature. 
• The Constitution establishes an integrated judiciary with the Supreme Court positioned at the apex of the hierarchy. The High Court's occupy an intermediate level, while the lower courts are situated at the bottom. 
• Judges are appointed based on their qualifications and enjoy protection against easy removal. 
• Both the Supreme Court and the High Courts possess the power of Judicial Review, enabling them to declare acts of legislatures and actions of the executive as void if they are found to be in conflict with the provisions of the Constitution. 
• The Supreme Court of India functions as a federal court, serving as the highest court of appeal, safeguarding the Fundamental Rights of citizens, and acting as the guardian of the Constitution. Several provisions are in place to ensure its independence, including security of tenure and having all the expenses of the Supreme Court charged upon the Consolidated Fund of India. 

Fundamental Rights 

Our Constitution guarantees Fundamental Rights to its citizens, as outlined in Part III. Six Fundamental Rights are assured to every citizen, emphasizing their significance in the moral and spiritual development of individuals. 

These rights, borrowed from the American Constitution, are considered fundamental due to their integral role and are not easily subject to abridgment by the Parliament. 

Any Indian citizen can seek recourse from the High Court or the Supreme Court if their Fundamental Rights are infringed upon by the government, an institution, or any other authority. 

The Supreme Court holds the power to issue various writs (five types) for the restoration of Fundamental Rights. 

Amending the Fundamental Rights granted to citizens follows a specific process, requiring a two-thirds majority in each House of Parliament. These rights can only be suspended during an emergency. 

Directive Principles of State Policy 

• Part IV of the Constitution outlines the Directive Principles of State Policy, spanning from Articles 36 to 51. 
• The Constitution features directives or instructions outlined for both the State and Central Government, known as the Directive Principles of State Policy.  
• Adopted from the Irish Constitution, these principles were incorporated into our Constitution to ensure social and economic justice for the people of India. 
• Renowned American constitutionalist Grenville Austin, in his book "The Indian Constitution: Cornerstone of a Nation," refers to Directive Principles as the soul of the Constitution.  
• Their objective is to establish a welfare state in India, promoting equitable distribution of wealth. 
• These principles fall into three overarching categories: Socialistic, Gandhian, and Liberal. While not enforceable in a Court of Law, the Directive Principles remain fundamental in guiding the governance of the country. 

Fundamental Duties 

• Originally absent from the Constitution, the Fundamental Duties found their place in Part IVA through the 42nd Amendment Act of 1976, following the recommendations of the Swaran Singh Committee.  
• Initially comprising 10 duties, they were increased to 11 by the 86th Constitutional Amendment Act of 2002. These duties, inspired by the former Union of Soviet Socialist Republics (USSR), are specific to citizens and are non-justiciable.  
• Although not enforceable by law, they take precedence over Fundamental Rights in case of conflict. 
• Universal Adult Franchise, established by Article 326 of the Constitution, grants the right to vote to any individual who has reached the age of 18, marking a pivotal aspect of Indian democracy. 
• The voting age was reduced from 21 to 18 in 1989 through the 61st Constitutional Amendment Act of 1988. 

Secular Character of state  

• The concept of secularism, denoting the state's impartiality towards any particular religion and the equal rights of all individuals regardless of their religious affiliation, is embedded in the Indian Constitution.  
• The term "secular" was introduced to the Preamble through the 42nd Constitutional Amendment Act of 1976. 
• In contrast to the Western model, which emphasizes the separation of state and religion, the Indian approach recognizes the country's diverse and multi religious society. Consequently, the Indian Constitution adopted a positive concept of secularism, emphasizing the equal protection and respect for all religions. Provisions reflecting this principle are enshrined in both the Fundamental Rights and Directive Principles of the Constitution. 

Special Provisions for Minorities  

• To safeguard the interests of minority communities, Article 29 of the Constitution provides the right to preserve the language, script, and culture of minorities.  
• Additionally, Article 30 grants the right to administer and establish educational institutions. 

Single Citizenship 

• India follows the principle of single citizenship, meaning that every Indian is solely a citizen of India.  
• Unlike the United States, where dual citizenship is recognized, an Indian citizen does not hold state citizenship. 
• This approach aims to strengthen national unity and integration by ensuring equal political and civil rights for all citizens throughout the territory of India, regardless of their birthplace or residence. 

Emergency Provisions 

Recognizing the potential scenarios where normal governance may be disrupted, the Constitution includes provisions for emergencies.  

There are three types of emergencies: 

• Emergency caused by war, external aggression, or armed rebellion (Article 352) 
• Emergency arising from the failure of Constitutional Machinery in states (Article 356) 
• Financial Emergency based on the threat to the financial stability or credit of India (Article 360) 

During an Emergency, India's federal structure shifts to a unitary structure without necessitating formal Constitutional Amendments. 

Provision of Independent Agencies 

• The Indian Constitution establishes several crucial independent agencies, including: 
  1. Election Commission (Article 324) 
  2. Comptroller and Auditor General (Article 145) 
  3. Union and State Public Service Commission (Article 315) 

Three-Tier Government 

• India operates under a three-tier system of government, comprising the Union Government at the central level, State Government at the state level, and Panchayats and Municipalities at the local level. Originally, there were only two tiers of government.  
• However, the 73rd and 74th Constitutional Amendment Acts of 1992 introduced a third tier at the local level. The 73rd Amendment Act recognized Panchayats constitutionally by adding a new Part IX and a new Schedule 11 to the Constitution.  
• Similarly, the 74th Amendment Act of 1992 granted constitutional recognition to municipalities, introducing a new Part IX-A and a new Schedule 12 to the Constitution. 

Socialist State 

The term "Socialist" was incorporated into the Preamble of the Constitution by the 42nd Constitutional Amendment Act of 1976, a modification not present in the original Constitution. 

The Constitution aims to establish equality in society, encompassing political, economic, and official aspects. 

Nature of the Indian Constitution 

The nature of the Indian Constitution, whether unitary or federal, lacks unanimity among scholars.  

If the Centre exclusively wields the powers of the government, with the state being subordinate, the government is considered unitary.  

Conversely, if there is a division of powers between the Centre and the States, the government is regarded as federal. 

Unitary Features in the Indian Constitution 

• Strong Centre, favoring power distribution in favor of the Centre. 
• Absence of separate Constitutions for the states. 
• Appointment of Governors by the President. 
• Unitary nature without amendment in an emergency. 
• Central role in the appointment of High Court judges. 
• President's Rule. 
• Single citizenship. 
• Power of the Union to give directions to the states. 
• All India Service. 
• Integrated justice system. 

Federal Features in the Indian Constitution 

• Division of Powers between the Union and the States. 
• Supremacy of the Constitution. 
• Different governments at the Centre and in the States, involved a complex process of Constitutional Amendment. 
• Written and rigid Constitution. 
• Bicameral Legislature. 
• Independent Judiciary.