Law and You > Constitutional Law > Salient Features of the Constitution of India
The Indian Constitution which directly and indirectly flow from the Preamble, indicating the faith of framers in the ideals, objectives and goals as mentioned in our Constitution. The salient features of the Constitution of India are as follows:
Written and Detailed Constitution:
The Constitution of India is a wholly written document which incorporates the constitutional law of India. It is the largest written liberal democratic constitution of the world. It was fully debated and duly enacted by the Constitution Assembly of India and took the Assembly 2 years, 11 months and 18 days to write and enact the Constitution. Originally it consisted of 395 Articles divided into 22 Parts with 8 Schedules. Today it consists of 448 articles divided into 25 parts with 12 schedules. There are 103 amendments have been made in the Indian constitution so far. US Constitution which has only 7 Articles. The French Constitution has 89 Articles. Australian Constitution has 128 and Canadian Constitution 147 Articles.
Lengthiest Constitution:
The framers of the Indian Constitution have gained experience from working all the known Constitutions of the world. This was the reason that they sought to incorporate good provisions of those Constitutions and avoid defects and loopholes that might come in future in the working of the Indian Constitution. They framed the chapter of the fundamental rights on the model of the American constitution and adopted the parliamentary system of government from the United Kingdom. They took the idea of Directive Principles of State Policy from the constitution of Ireland and added elaborate provisions relating to the emergency from the German Constitution.
It is a constitution of both the Centre and states of Indian Union. In US federal constitution and the state, constitutions are different. The constitution reproduces certain parts of Government of India Act, 1935, providing for the administrative details. It has extensive provisions regarding the relations between the Union and the States. It corporates Chapters on Fundamental Rights, Fundamental Duties and Directive Principles of the State Policy. It also consists of provisions relating to Panchayats, Municipalities and Cooperative Societies, etc.
Due to the vastness of the country and the varied nature of people, it was necessary to make provisions for peculiar problems of India like scheduled castes, Scheduled Tribes, and backward regions. All these topics are included in the Constitution.
A Mixture of Federalism and Unitarianism:
India is a country of a diversity of cultures, languages, religions, and beliefs. To maintain the spirit of unity in diversity India is a federation with some Unitarian features. Article 1 of the Constitution declares, that “India that is Bharat is a Union of States.” Indian Union is not the result of a voluntary agreement among sovereign states, and the states of India do not enjoy the right to secede from the Union. Describing India as a Union of States, the Constitution provides for a federal structure with a unitary spirit.
Like a federation, the Constitution of India provides for:
- A division of powers between the centre and states,
- A written, rigid and supreme constitution,
- Independent judiciary with the power to decide centre-state disputes,
- Dual administration i.e. central and state administrations,
- a very strong centre.
By the common constitution, single citizenship, emergency provisions, common election commission, common all India services, etc. the Constitution reflects its unitary spirit.\
In Kuldip Nayar v. Union of India, AIR 2006 SC 3127 case, the Supreme Court held that the federal principle is dominant in our Constitution and that principle is one of the basic features, but it is equally true that federalism leans in favor of strong centre or unitary power.
A Mixture of Rigidity and Flexibility:
The Constitution of India is in a federal form but it is rigid as well as flexible. Some of its provisions can be amended in a difficult way while others can be amended very easily. In some cases, the Union Parliament can amend some parts of the Constitution by passing a simple law. Article 368, of the Constitution, provides for two special methods of amendment:
- Most of the provisions of the Constitution can be amended by the Union Parliament by passing an Amendment Bill by a majority of total membership and the 2/3 rd majority of members present and voting in each of its two Houses.
- For the amendment of some specified parts, a very rigid method has been provided. Under it, first the Union Parliament passes the Amendment Bill by a majority of total membership and the 2/3 rd majority of members present and voting in each house, and then it goes to the State Legislatures for ratification. The Amendment gets passed only when it is approved by not less than one-half of the several states of the Union.
Thus the Constitution of India is partly rigid and partly flexible.
For example, the government is required to get the National Judicial Appointment Commission Bill through special majority as it was going to affect the Judiciary. Under Article 368, judiciary is an item which cannot be amended through ordinary legislative procedure.
Supremacy of the Constitution:
The Constitution of India is the highest law, and any law or action by the government that contravenes it can be declared unconstitutional by the judiciary. This principle establishes that the government is not above the law and must operate within the limits set by the Constitution. The Courts can also determine constitutionality of administrative actions.
In Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 case, the Supreme Court ruled that the Constitution is supreme, and no individual, including the Prime Minister, is above it. The Court addressed issues related to the validity of elections and held that constitutional principles must be adhered to by all, including those in power. This case underscored that the Constitution is the highest legal authority, and even high-ranking officials must comply with its provisions.
In State of Bihar v. Subhash Singh, AIR 1997 SC 1390 case, the Supreme Court held that any law enacted by the Parliament can be stuck down by the Supreme Court of India if it contravenes the provisions of the Constitution.
In Supreme Court Advocates-on-record Association v. Union of India, (2016) 2 SCC (LS) 253 case, the Supreme Court held that NJAC Act and 99th Constitutional Amendment to be unconstitutional on the ground that it was impinging upon the independence of Indian Judiciary and independence of judiciary is one of the basic feature of the Constitution of India.
Secularism and Religious Rights:
A secular state means there is no separate religion to the state and every religion is respected equally by the state. This can be observed from the Preamble and Chapter on the Fundamental Rights of the Constitution.
In S.R. Bommai v. Union of India, AIR 1994 SC 1918 case, the Supreme Court ruled that secularism is a basic feature of the Indian Constitution. Any attempt to undermine it, whether through executive action or legislative amendments, would be unconstitutional. The judgment reinforced India’s commitment to secularism, one of the core values enshrined in the Constitution, and upheld the balance between religious freedoms and the secular nature of the state. This case underscored the judiciary’s role in preserving the secular fabric of the nation, ensuring that the state remains neutral in matters of religion, a key aspect of constitutionalism in a pluralistic society like India.
Directive Principles as State Policy:
Part IV of the Constitution deals with the ‘Directive Principles of State Policy’. The Directive Principles are instructions to the state for securing socio-economic developmental objectives through its policies. These are to be implemented by both the Union for the States. The aim of Part IV is to secure and strengthen socio-economic democracy in India. The idea of the welfare state can be achieved only by implementing the various directive principles contained in the Constitution.
Directive Principles of State Policy are not enforceable by law and not justiciable in the courts of law but they are fundamental in the governance of the country. No Government can ignore them. There is a political sanction behind them. The Central and State Governments are answerable to the electorate at the time of election for their implementation.
Fundamental Rights and Fundamental Duties:
The Constitution of India under its Part IIIC Articles (12-35), grants and guarantees Fundamental Rights to its citizens. Initially, 7 Fundamental Rights were granted but after the deletion of the Right to Property from the list of Fundamental Rights (44th Amendment Act 1979) their number came down to six. These rights are necessary for the development of the personality of an individual. The legislature and the executive cannot take away these rights unless it is necessary to do so in the public interest. These rights are not absolute rights. They are restricted rights and can be restricted, abridged and taken away when it is necessary in the public interest.
If the state does take away these Fundamental Rights, individuals have been conferred with remedy under Articles 32 and 226 of the Constitution.
As per the recommendation of the Swaran Singh Committee (Chairman, Congress Committee on Constitutional Amendment), by the 42nd Amendment Act, 1976 the Part IVA (Article 51 A) the Constitution is added which describes the Fundamental Duties of a citizen. It shall be the duty of every citizen of India to abide by all the fundamental duties. Now there are 11 Fundamental Duties.
Single Citizenship:
India is the single Independent and Sovereign integrated state. Presently it has 28 states and 9 Union Territories. All citizens enjoy common uniform citizenship of the Union. They cannot have citizenship of the individual state. All citizens of India are entitled to equal rights and freedoms, and equal protection of the state.
According to Federal principle, the Constitution of the US provides for dual Citizenship i.e. Citizenship of U.S.A. and Citizen of the State.
Concept of Secular State:
The term ‘Secular’ was introduced by 42nd Amendment of the constitution in 1976. Secular means that the state does not have an official or state religion. The state does not favour or promote any particular religion. The state does not discriminate against anybody on the basis of religion. State guarantees the freedom of every individual to profess, practice and propagate his/her own religion.
Adult Franchise:
An important feature of the Constitution is that it provides for the universal adult franchise. All men and women enjoy an equal right to vote. Under Article 326 every men and woman above 18 years of age (As it has been reduced from 21 years to 18 years vide 61st Amendment Act, 1988), has been given right to vote in elections for Parliament, State Assembly. All registered voters get the opportunity to vote in elections. But “To Vote” is not a fundamental duty.
Democratic Form of Government:
The Constitution of India constitutes India into a sovereign democratic republic. Thus it provides the framework for the establishment of a democratic form of government in the country. The very objectives of the Constitution are Justice, Liberty, Equality, and Fraternity which are essential characteristics of democracy. The Government is formed by the majority from the elected representatives of the people and is responsible to the people. In a democracy, the Government derives all its authority from the will of the people.
Parliamentary System:
The Constitution of India provides for a parliamentary system of government at the Centre as well as in every state of the Union. The President of India is the constitutional head of the Union with nominal powers. The Union Council of Ministers headed by the Prime Minister is the real executive. Ministers are essentially the members of the Union Parliament. For all its policies and decisions the Council of Ministers is collectively responsible before the Lok Sabha. The Lok Sabha can remove the Ministry by passing a vote of no-confidence. On similar lines, a parliamentary government is also at work in each state.
Features of Parliamentary System:
- The President of India is the constitutional head or nominal executive of the Union with nominal powers. The Union Council of Ministers headed by the Prime Minister is the real executive.
- The political party which secures majority seats in Lok Sabha forms Government.
- The Council of Ministers is collectively responsible to the Lok Sabha.
- The members of the Council of Ministers are the elected members of the legislatures directly elected by the people.
- Ministers are members of both: legislature and executive.
- The lower house i.e. Lok Sabha can be dissolved on recommendation of Prime Minister.
- In a presidential form of the government, the head of the State i.e. the President is the real executive directly elected by the people and responsible to the people. The US has a presidential system of government.
Rule of Law:
- The rule of law means Government on principles of law. There are three meanings of the rule of law :- (i) Supremacy of Law (ii) Equality before the Law and (iii) Predominance of legal Spirit.
- For proper functioning of the rule of law and to put check on it, the Constitution has provisions to establish an independent judiciary.
Single Integrated and Independent Judiciary:
The Constitution provides for a single integrated judicial system common for the Union and the states. The Supreme Court of India works at the apex level, High Courts at the state level and other courts work under the High Courts. The constitution provides for an independent judiciary, having the power of the judicial review. At the same time, the constitution attempts at the reconciliation of the principle of judicial review and the parliamentary supremacy. To secure independence and impartiality of the Supreme Court and High Courts, The following provisions are made in the Constitution
- Under Articles 124(2) and 217, the appointments of Judges are made by the President after consultation with judicial authorities.
- Under Articles 124 and 218, the security of tenure is guaranteed to every judge.
- Under Article 360, salaries of judges are fixed and cannot be varied by the legislature except during the period of proclaimed financial emergency.
- Under Articles 125 and 221 the privileges, rights, and allowances of judges cannot be altered to their disadvantage.
- Under Articles 146 and 229, The Supreme Court and High Court recruit their own staff and frame rules regarding conditions of service. Similarly, under the same Articles, the salaries and allowances of judges cannot be put to the vote of the legislature and the salaries, allowances and Pensions of its officers are charged on the Consolidated Fund of India.
- Under Articles 124(7) and 220, the Constitution prohibits judges of the Supreme Court from pleading or appearing before any court or judicial authority in India even after retirement.
- Under Articles 121 and 211, no discussion can take place in the legislature of a State or in the Parliament with respect to the conduct of any judge of Supreme Court or of High Courts in the discharge of his duties.
The Doctrine of Judicial Review:
According to this doctrine, the courts have the power to examine laws and executive acts and test their conformity with the constitution and struck them down if they are found to be inconsistent with it.
Conclusion:
A Constitution symbolizes independence of a country. Framework and structure for the governance of a free country are provided in the Constitution. The Constituent Assembly prepared the draft of the Constitution by keeping the ‘Objectives Resolution’ as the backdrop which reflected the aspirations of the people of India. The Constitution of India has several distinctive features. It is the lengthiest Constitution in the world and it is a combination of rigidity and flexibility. The Constitution provides for a quasi-federal set up with a strong centre. There is a clear division of powers between the Centre and the States. The Supreme Court of India, is the apex court of India which will resolve the disputes between the centre and state or between the states. India has a parliamentary democracy. The Council of Ministers headed by the Prime Minister enjoys the real powers and is responsible to the Parliament. The Indian Constitution provides for Fundamental Rights which are justiciable. Ten Fundamental Duties have also been added to the Constitution. The Directive Principles of State Policy give a concrete shape to the welfare concept.