SALIENT FEATURES OF INDIAN CONSTITUTION

Introduction

Each and every institution functions according to certain basic rules. State is a political
institution. The basic rules of the state are called Constitution. As a citizen of India every person
should know about the Constitution. It make the learners enlightened citizen of this country.

The Constitution of India is made by constituent Assembly. According to the cabinet Mission
plan, the legislative Assemblies of the provinces were to elect their representatives to the
constituent Assembly. Total members of the constituent Assemblies were 389. Dr. Rajendra
Prasad was elected as the President of the constituent Assembly. Pt. Jawaharlal Nehru moved
the objective Resolution which reflected the ideals and philosophy that shaped the Indian
Constitution. The constituent Assembly completed the work in two years eleven months and
eighteen days. From 26th January 1950 Constitution of India came in force. Hence, 26th
January is celebrated as the Republic day.

Basic Features of The Indian Constitution

The basic rules for the behaviour of members of a state are called the Constitution of the state.
In India it is the highest law of the land, Constitution establishes rule of law and give political
stability to the state. The Constitution of India is both evolved and enacted. It is evolved out of
various Acts made during the British period. It is enacted and prepared by the constituent
Assembly. The constituent Assembly was composed as per the cabinet mission Plan. Its first
session began in 19415. Dr. Rajendra Prasad with the chairman of the constituent Assembly,
Dr. B.R. Ambedkar was the chairman of the Drafting committee. The constituent Assembly
prepared the Constitution in two years eleven months and eighteen days. In its original form,
the Constitution had 395 Articles and 8 schedules. Now it has 397 Articles and 12 schedules.

Salient Features of the Constitution are as follows:

1. Lengthiest Constitution in the world

Indian Constitution adopted by the constituent Assembly on November 2, 1949 is the lengthiest
Constitution originally containing 395 Articles, divided into 22 parts and 9 schedules. It is
described as ‘elephant size’ Constitution. We have incorporated 105 Amendments to the
Constitution as of December, 2022. It has been a model, for many developing countries. Now
it has 397 Articles and 12 schedules. The length of the Constitution is because of several
factors:

a) It incorporates the experience of all leading Constitution.

b) It prescribes Constitution for the union as well as for the states.
c) It incorporates detailed provisions regarding centre – state relations.
d) It includes justifiable and non – justifiable rights.
e) It contains special provisions to meet regional problems.

2. Sovereignty resides in the people

The introduction of the Constitution declares that the Constitution of India was adopted and
enacted by the people of India and they are the custodians of the republic.

3. Parliamentary form of Government

The Constitution of India establishes parliamentary form of government both at the centre and
the states. In a Parliamentary form of government, the Prime Minister and council of Ministers
are responsible for all their actions to the government, particularly to the Lower house, Lok
Sabha. The Parliament keep control on executives by various means i.e. by asking questions
by no confidence motion etc. Also in Parliamentary system there are two types of head; one is
nominal and one is real. In India President is nominal and Prime- Minister is real head.

4. Unique blend of rigidity and flexibility

Though India has a written Constitution; the Indian Constitution is not as rigid as the American
Constitution. It has incorporated the flexible nature in the procedures for amendments. There
are three methods by which the Constitution is amended. The procedure for amendment is
simple.

5. Fundamental Rights

The Fundamental Rights are guaranteed by the Constitution to all its citizens through Part III
of the Constitution. It guarantees Right to Equality, Right to freedom, Freedom of religion,
Right against Exploitation, Educational and Cultural right and Right to Constitutional
Remedies. One can approach the Supreme Court directly in case of violation of Fundamental
Rights. There are certain restrictions on fundamental rights in the interests of public order, the
sovereignty and integrity of India, public decency, morality etc.

6. Directive principles of the state policy

Part IV of the Constitution deals with Economic and cultural Rights. However, they are not
justifiable in the court of law. The idea of a ‘welfare state’ envisaged in our Constitution can
only be achieved if the states try to implement them with a high sense of moral duty.

7. Quasi – federal in nature

The nature of the Indian state is federal, in the sense that the powers are distributed between
the Union and the state. But in times of emergency Government assumes a unitary character.

It is federal because:

1. It has two sets of government.

2. There is division of powers between the centre and the states. 3. There is independent
judiciary.

It is unitary because:

1. It is described as “union of states”.

2. There is single citizenship.

3. There is single integrated judicial and administrative system.

4. There is integrated machinery for elections, audits.

5. State Governors are appointed and removed by President

6. States depend upon the union’s grant – in – aid.

7. During emergency, it can be converted into unitary system.

8. Adult suffrage
All adult citizens above 18 are given the right to vote. There are no separate electorates for
people belonging to different communities. Thus in India there is Universal Adult Franchise
without Communal Representation.

9. Independence of Judiciary

The Constitution has made Judiciary independent from legislature and executive. Judges are
free from the interference of other organs of the government, so that judges can give judgement
without fear and favour. The Indian Judiciary is independent as per the norms of separation of
powers. The feature that goes with the independence of judiciary are direct appointment by the
President, given decent salaries and perks, judges cannot be removed simply by executive.

10. Judicial Review

It means the power of the courts to declare any law passed by the legislature and any act of
executive as void, if it violates any provision of the Constitution. It emphasise supremacy of
judiciary.

11. Fundamental duties

The Fundamental Duties are incorporated in the Constitution through the 42nd amendment. A
set of ten duties are incorporated as fundamental Duties under Article 51.

12. Sovereign

India is a free and independent country. India is no more under the domination of any foreign
country and any external force cannot influence its decisions. India is a member of
commonwealth Nation. But its membership does not affect the sovereignty of India.

13. Democracy

India has representative and responsible government. Democracy has been introduced with a
view to realize the political, economic and social democracy.

14. Republic

It means that the head of the state, president, will be periodically elected by the people.
Citizens’ partnership in the affairs of the state is ensured.
15. Secular

The Constitution of India has created a secular state. It means

1) The state gives equal protection to all religions.

2) The state does not uphold any particular religion as the state religion.

3) Freedom of Religion is guaranteed in the Constitution.

4) Equal respect for all religions.

16. Single citizenship

The Constitution of India confers single Indian citizenship. This helps in creating feeling of
oneness.

17. Uniformity in Basic Administration

There is uniformity in most important matters of administration. e.g. single integrated judicial
system, uniformity in civil and criminals laws, All India services.

18. Revolutionary

The Constitution of India has abolished several unjust practices and at the same time has
provided special opportunities for the upliftment of the weaker sections.

19. Lawyer’s paradise

The Constitution of India is very complex for the common man to understand. The complexity
gives rise to litigation and Constitutional amendments. Lawyers gain importance from this.

20. Judicial Review and parliament sovereignty

The Constitution of U.S.A. recognized judicial supremacy. The British system recognizes
Parliamentary sovereignty i.e. the court cannot declare any law of parliament as cancelled on
any ground. The Constitution of India compromises between the two, it empowers the judiciary
the power of declaring any law as null and void if it violets the Basic framework of the
Constitution. But the judiciary does not have the power of judicial review over the wisdom of
any legislative policy i.e. important questions of public policy are to be decided on the floor of
the House. Constitution gives the legislature the power to amend the Constitution without
destroying the basic structure.