Features of the Indian Constitution
1. One of the Bulkiest Constitution of the World
The Constitution of India is one of the most elaborate constitutions in the world. When the constitution was ready, it had 395 articles and eight schedules but now it has 444 articles. These paragraphs can be divided into 26 parts and it has 12 schedules. There are many reasons why the Constitution of India is so much more elaborate.
1. In order to prevent any shortcomings in future, good provisions of many constitutions were included in the constitution.
2. Like other federal countries, states in India do not have separate constitutions. The Constitution of India mentions the system of the Center and the states, which has increased its size.
3. The constitution referred to fundamental rights, fundamental duties and directive principles of policy.
4. Due to the unique problems facing the country, the provision of provisions related to Scheduled Castes, Tribes, Backward Castes, Government Language.
5. Special Emergency in the Constitution to protect the interests of the country and the public
6. The addition of provisions related to the organization of the judiciary, public services, elections etc. also increased the size of the constitution.
7. For the purpose of preventing differences between the states and the center, the relationship between the center and the states was detailed.
8. Many practical things which are not often mentioned in the Constitution have been included in the Constitution of India.
2. Combination of Rigiditvand Flexibility –
The Constitution of India is a unique example of a mixture of rigidity and flexibility. There are many such provisions in the Constitution of India. Those who can replace Parliament by simple majority alone while changing other provisions should not only have a two-thirds majority of the Parliament but also have the support of more than half of the states. Parliament can change some of the provisions alone, but for this it needs two-thirds majority. Apart from this, Parliament is empowered under a new provision
3. Parliamentary System of Government
The Constitution of India serves the purpose of a parliamentary system in the country in which the President is a nominal chairman and the real executive powers are exercised by the Council of Ministers. This Council of Ministers can continue in its office as long as it has the support of the Parliament. There were several reasons for the constitution makers to adopt parliamentary governance. First, the parliamentary system already existed in the country and the people of India were well aware of its working method. Due to the large size and cultural diversity of the second country, the parliamentary government was also considered appropriate. Thirdly, the members of the Legislative Assembly wanted to avoid disputes between the executive and the legislature, so they thought it more appropriate to adopt a parliamentary government.
4. Federal System with a Strong Center –
The Indian Constitution has provided for a federal system in which the center is very powerful. But nowhere in the Constitution was the word federal used. In contrast, the Constitution of India declares India to be a Union of States. Which means that this is not the result of the agreement between the union units and the states cannot separate from it. In fact, there are many signs of federal system in India, but at the same time there are many characteristics of unitary governance. In addition, in emergency situations, the federal system takes a unitary form and there are significant changes in the normal relations between the Center and the States.
5. Fundamental Rights –
The Constitution of India provides a wide fundamental right to the citizens. The state cannot enact any law that limits the rights of citizens. If the state enacts such a law, the judiciary can declare it unconstitutional. It is worth noting that the fundamental rights granted to Indian citizens are not free and many types of restrictions can be imposed on them. In other words, the constitution tries to strike a balance between freedom and social interests of the individual.
6. Fundamental Duties –
Fundamental Duties of citizens are also mentioned in the Constitution. These duties were added to the 42nd Amendment to the Constitution in 1976. At this time their number was 10 but, by the 86th constitutional amendment, an additional fundamental duty was added to this list. Thus the number of these duties increased to 11. The main purpose of these duties is to remind citizens that they have to follow certain rules and beliefs of democratic practice.
7. Directive Principles of State Policy –
The Constitution has mentioned some Directive Principles of State Policy which the government has to follow while formulating the policy. The aim of the principles is to establish a welfare state and provide social and economic basis to the democracy. Directive principles, unlike fundamental rights, do not have judicial protection. It means that if the state fails to follow these principles, then the court against it
8. Secular State –
The Constitution declares India as a secular state. This means that there is no state religion in India and the state is fair in religious matters. Citizens of India have the right to believe, practice and propagate any religion. It should be known that the Constitution does not provide unlimited religious freedom to the citizens and this freedom can be controlled in the public interest.
9. Independence of Judiciary –
The Constitution establishes an independent judiciary which ensures that the governance of the country is governed according to the provisions of the Constitution. The judiciary acts as a protector of citizens’ freedom and fundamental rights. It also fixes the boundaries of the jurisdiction of the State Governments and the Central Government.
10. Source of Janata Shakti (People as Source of Authority) –
The constitution is declared in the name of the people and it also gets all the power from the people. This is clear from the Preamble to the Constitution. The preamble clearly states “We, the people of India …. adopt, enact and adopt this Constitution.”
11. Public Adult Franchise –
The Constitution provides for the right to vote without discrimination to all adult citizens whose age is above 18 years of age without discrimination. But for the purpose of giving proper representation to Scheduled Castes and Scheduled Castes, some places have been secured.
12. Emergency Powers –
The Constitution gives the President wide powers to deal with emergency situations. The Constitution envisages three types of emergency situations. The crisis arising due to the first Baha invasion or internal rebellion. Second, the crisis arising due to the failure of the constitutional system in the state and third, the crisis arising due to deterioration of the economy of the country or threat to its credit. The center gets so much authority in emergency situations that the federal system actually takes the form of unitary governance.
13. Single Citizenship –
The Constitution of India grants equal citizenship to all citizens. These citizens reside in any part of the country but are considered citizens of India and have equal rights. India does not have a separate citizenship for individuals residing in separate states.
14. Bicameral Legislature –
There is a provision of two unicameral Parliament in the center. The names of these two houses are Lok Sabha and Rajya Sabha. The Lok Sabha is the house of elected representatives of the public while the Rajya Sabha consists of representatives of the states.
15. Special Provisions for Minorities –
The constitution has made special provision for minorities, scheduled castes, people castes etc. For these sections, not only have seats been secured in the Parliamentary State Legislative Assemblies, but they have also been given special rights and facilities.
16. Panchayati Raj –
Panchayati not only in the country. Raj has been established, it has also been given constitutional form. Panchayati Raj was given this constitutional form by the 73rd Amendment in 1992. In the same year, by the 74th Amendment, local institutions in urban areas were also given constitutional form.
17. Rule of Law –
Rule of law is another feature of the Indian Constitution. This notion was adopted from Britain. This means that no person is above the law and all persons come under the jurisdiction of ordinary courts. The rule of law has mainly three characteristics: First, any person can be punished only if he violates any applicable law, second all persons are equal before the law and third no one is above that.
18. Strikes Balance between Constitutional Supremacy and Parliamentary Soverignity –
Constitutional Supremacy and Parliamentary Soverignity – The Constitution of India has two conflicting principles – the supremacy of the Constitution (which exists in the US) and the sovereignty of the Parliament (which in Britain Exists) tries to coordinate. The Supreme Court of India has the right to declare any law passed by Parliament unconstitutional under the principle of economic review. Along with this, Parliament also has the right to amend any part of the Constitution.
19. A Single Integrated Judiciary:
The Constitution provides for a unified judiciary, with the Supreme Court at the top. High courts have been arranged at the state level under the Supreme Court. There is another lower court under the High Court. The unified court established in the country enforces the laws of both the Center and the States. This system is completely different from the judicial system of America. The federal court imposes federal laws in the United States and the responsibility of enforcing the laws of the states rests with the courts of the states.
20. Provision of Independent Bodies:
Apart from the three traditional organs of the government – the Legislative Assembly, the Executive and the Judiciary, the Constitution also provides for some other institutions. These institutions act as custodians of democracy. Some of these institutions are
1. The Election Commission which is responsible for holding free and fair elections for the Parliament, State Legislative Assemblies and the post of President and Vice President.
2. The Comptroller and Auditor General of India, which examines the accounts of the Central and State Governments and acts as the custodian of the funds of the Central and State Governments.
3. Public Service Commissions have been arranged at the Central and State levels. These commissions conduct necessary examinations for the recruitment of government employees at the central and state levels. Apart from this, he also advises the President and Governors on matters related to the discipline of employees.