Salient Features of Indian Constitution

Table of Contents

Introduction: Salient Features of Indian Constitution

The Indian Constitution, adopted on January 26, 1950, is one of the lengthiest and most comprehensive constitutions in the world. It lays down the framework for the governance of India and provides the principles that guide its functioning. Here are the salient features of Indian Constitution:

The Longest Written Constitution

This constitution is the longest-written constitution in the world.
It initially had 395 articles, 22 parts, and 8 schedules.
After 105 amendments it currently has 470 articles, 25 parts, and 12 schedules.

Influence of other constitutions

The Constitution makers of India tried to shape it into an ideal constitution by collecting material from the constitutions of countries like Great Britain, the United States of America, the Irish Free State, Japan, Germany etc.

Parliamentary government Nominal head of the state Post of Prime Minister Concept of Single Citizenship Legislative procedure Bicameral legislature Rule of law Cabinet system The speaker and their role	United Kingdom
Fundamental rights Written constitution Preamble to the Constitution The federal structure of government Impeachment of the President Post of the Vice President and his functions Removal of Supreme Court and High Court judges Electoral College Independent judiciary and separation of powers Judicial review President as commander-in-chief of the armed forces Equal protection under the law	United States
Directive principles of state policy Nomination of members to the Rajya Sabha by the President Method of election of the President	Ireland
Concurrent List Provision of Joint Session of the Parliament	Australia
Liberty, equality, fraternity (in the preamble) The ideals of the republic in the preamble	France
Quasi-federal government—a federal system with a strong central government Distribution of powers between the central and state governments Residual powers, retained by the central government Appointment of Governor of states by Centre	Canada
Fundamental Duties Planning commission Ideals of justice (social, economic, and political) in the preamble	Soviet Union
Suspension of fundamental rights during emergency	Weimar Republic (Germany)
Amendment procedure of the constitution Election of members of Rajya Sabha	South Africa

Federal System with Unitary Bias

The concept of a “Federal System with Unitary Bias” is a unique feature of the Indian Constitution, reflecting its nuanced approach to governance. Here’s the explanation:

India operates under a federal system where power is divided between the central government and the state governments.
However, the Indian federal system has a notable unitary bias, meaning that in certain situations, the central government is granted more authority and power over the states.
While states have significant autonomy in their areas of jurisdiction, the central government retains significant powers, particularly during emergency.
The central government can legislate on subjects enumerated in the State List under certain circumstances, such as national emergencies or for the purpose of implementing international agreements.
The Indian Constitution includes emergency provisions that grant extensive powers to the central government in times of crisis.
During a national emergency, for example, the central government can assume control over the entire country, effectively bypassing the federal structure and establishing a unitary form of governance.
The central government also exercises significant control over financial matters, including distributing financial resources to states. In times of financial emergency, the central government can assume control over the financial management of the entire country, including the state’s finances.
Judicial Interpretation: Over the years, the judiciary has played a crucial role in maintaining the balance between center and state. Courts have upheld the federal structure of the Constitution while also recognizing the need for a strong center in certain circumstances.
Under President’s Rule, the elected state government is temporarily suspended, and the Governor (appointed by the central government) governs the state on behalf of the President.

Parliamentary System of Government

Head of State and Head of Government:
- In a parliamentary system, the head of state and the head of government are usually separate roles.
- The head of state, often a ceremonial figurehead, represents the unity and sovereignty of the nation. In India, the President serves as the head of state.
- The head of government, responsible for the day-to-day administration and policy-making, is usually the Prime Minister. In India, the Prime Minister is the head of government.
Executive:
- The executive of government is led by the Prime Minister and the Council of Ministers.
- The Prime Minister is usually the leader of the majority party or coalition in the lower house of Parliament.
- The Council of Ministers consists of ministers chosen by the Prime Minister to head various government departments and ministries.
Legislative Branch:
- The legislative branch of government is responsible for making laws. In a parliamentary system, it typically consists of two houses: the lower house (House of the People) and the upper house (Council of States).
- In India, the lower house is known as the Lok Sabha, and the upper house is known as the Rajya Sabha.
- The Lok Sabha is directly elected by the people, while members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies.
Relationship between Executive and Legislature:
- Unlike in a presidential system where the executive and legislative branches are separate, in a parliamentary system, the executive is an elected member of the legislature.
- The Prime Minister and other ministers are Members of Parliament (MPs) who are accountable to the legislature.
- The Prime Minister and the Council of Ministers must have the confidence of the majority of the members in the lower house to remain in power.

Fundamental Rights

Protection of Individual Liberties: Fundamental Rights ensure that every citizen has certain basic rights and freedoms. These rights act as safeguards against arbitrary state actions and provide citizens with the means to protect themselves from oppression or discrimination.
Constitutional Guarantee: These rights are enshrined in the Constitution itself, making them legally enforceable. They are not statutory laws that can be easily changed or amended by the government.
Fundamental Rights are justiciable, meaning they can be enforced by the courts. Citizens have the right to approach the judiciary if they believe their rights have been violated by the state or any other individual or entity.
While Fundamental Rights guarantee certain freedoms to individuals, they are also subject to reasonable restrictions in the interest of public order, morality, health, or the sovereignty and integrity of India. This balance between individual liberties and the collective welfare of society is a distinctive feature of India’s constitutional ethos.
Equality and Social Justice: Fundamental Rights include provisions aimed at ensuring equality and social justice. They prohibit discrimination based on religion, race, caste, sex, or place of birth and promote affirmative action to uplift marginalized sections of society. This reflects India’s commitment to building an inclusive and egalitarian society.

Directive Principles of State Policy

The DPSP outlines the socio-economic objectives that the State should strive to achieve in governing the country. These goals encompass a wide range of areas such as social justice, economic welfare, international relations, and environmental protection. They reflect the commitment of the Indian state to the welfare of its citizens.
While Fundamental Rights are enforceable by courts, DPSPs are not legally enforceable in a Court of Law but are considered as guidelines for governance.
By prioritizing the welfare of marginalized and vulnerable sections of society, DPSP aims to reduce socio-economic disparities.

Independent Judiciary

The concept of an “Independent Judiciary” is a crucial and distinctive feature of any democratic system, including the Indian Constitution.
Separation of Powers: Independent judiciary ensures the separation of powers among the three branches of government: the legislature, the executive, and the judiciary. This separation is crucial for maintaining a system of checks and balances, thereby preventing the concentration of power in any single institution.
Constitutional Safeguard: The Indian Constitution provides for an independent judiciary as a fundamental feature, ensuring that the judiciary is free from interference or influence by the other branches of government. Articles such as 124-147 establish the structure, appointment, tenure, and powers of the judiciary, ensuring its independence and autonomy.
Judicial Review: Independent judiciary exercises the power of judicial review, which allows it to review the actions of the executive and legislative branches to ensure they are consistent with the Constitution. Through judicial review, the judiciary can strike down laws or executive actions that are found to be unconstitutional, thereby upholding the supremacy of the Constitution.

Secularism

Preamble: The Preamble of the Indian Constitution declares India to be a “sovereign socialist secular democratic republic,” emphasizing the commitment to secular principles right from the beginning.
Equality of All Religions: The state does not favor any particular religion over others.
Freedom of Religion: The Indian Constitution guarantees freedom of religion to all citizens. Article 25 ensures the freedom of conscience and the right to profess, practice, and propagate religion subject to public order, morality, and health.
Protection of Minority Rights: Secularism in India includes the protection of minority rights. The Constitution safeguards the rights of religious and cultural minorities, ensuring that they can freely practice their faith without fear of discrimination or persecution.

Universal Adult Suffrage

Universal Adult Suffrage is a fundamental and distinctive feature of the Indian Constitution, reflecting the principles of democracy and equality. Here’s an explanation of how it represents a salient feature:
Definition: Universal Adult Suffrage means that every adult citizen of India, regardless of gender, caste, religion, ethnicity, or socioeconomic status, has the right to vote in elections.
Universal Adult Suffrage ensures that the electoral process is inclusive and representative of the entire population.
Equality: By granting the right to vote to all adult citizens, Universal Adult Suffrage upholds the principle of equality. It ensures that every individual has an equal opportunity to participate in the democratic process and influence decision-making.
Constitutional Provision: Article 326 of the Indian Constitution guarantees Universal Adult Suffrage, stating that elections to the Lok Sabha (House of the People) and the Legislative Assemblies of States shall be conducted based on adult suffrage.

Single Citizenship

Uniformity of Citizenship: Single Citizenship means that every Indian citizen is entitled to the same set of rights and privileges across the entire territory of India. Unlike some federal systems where citizens may hold dual citizenship, in India, there is only one uniform status of citizenship.
Article 5 to 11: The provisions related to citizenship in the Indian Constitution are outlined in Articles 5 to 11. These articles define who qualifies as an Indian citizen, the modes of acquisition and termination of citizenship, and the rights and responsibilities associated with citizenship.
No Distinction Between States: Regardless of the state or region a citizen resides in, they hold the same citizenship status.
Rights and Duties: Single Citizenship grants individuals the same fundamental rights and duties, irrespective of their place of residence within India.
Integration and National Identity: Single Citizenship plays a crucial role in fostering a sense of national identity and integration. It reinforces the idea of India as a single political and cultural entity, transcending regional and linguistic diversities.

Rigid and Flexible Provisions

Rigid Provisions:
- Rigid provisions refer to those parts of the Constitution that can only be amended by following a special procedure.
- Amendments to these provisions require a special majority of the Parliament (two-thirds majority of the members present and voting) and ratification by a prescribed number of state legislatures (often half of the total states).
- Rigid provisions are typically those that are fundamental to the constitutional structure and require stability and consistency.
- Examples of rigid provisions in the Indian Constitution include:
  - Fundamental Rights (Part III)
  - Directive Principles of State Policy (Part IV)
  - Federal structure of the government
  - The procedure for amending the Constitution itself (Article 368)
Flexible Provisions:
- Flexible provisions refer to those parts of the Constitution that can be amended by a relatively simpler process, usually by a simple majority of the Parliament.
- Examples of flexible provisions in the Indian Constitution include:
  - Composition and jurisdiction of the Supreme Court and High Courts (Article 124, 217)
  - The powers and procedures of Parliament and state legislatures (Articles 79-122, 168-212)
  - Creation or abolition of states (Article 3).

Emergency Provisions

The Indian Constitution includes provisions for three types of emergencies: national emergency, state emergency (President’s Rule), and financial emergency.
National Emergency:
- Declared under Article 352 of the Constitution when there is a threat to the security of India, either due to war, external aggression, or armed rebellion.
- It empowers the President to suspend fundamental rights, except those related to the right to life and personal liberty (Article 21).
- The central government gains extraordinary powers to govern the country, including the power to issue ordinances with the force of law.
State Emergency (President’s Rule):
- Declared under Article 356 when there is a failure of constitutional machinery in a state, either due to the inability of the state government to function according to the Constitution or due to other reasons such as a breakdown of law and order.
- It leads to the imposition of President’s Rule, whereby the state government is temporarily suspended, and the Governor, acting on behalf of the President, assumes direct control over the state’s administration.
- The state legislative assembly may be dissolved, and the Parliament assumes legislative powers over the state.
Financial Emergency:
- Declared under Article 360 when there is a threat to the financial stability or credit of India or any part thereof.
- It empowers the President to issue directions to the states to observe certain canons of financial propriety and to give the President’s assent to state laws related to financial matters.
- However, unlike national and state emergencies, a financial emergency has been never declared in India so far.
Checks and Balances:
- While emergency provisions grant extraordinary powers to the central government, they also include checks and balances to prevent misuse.
- The declaration of emergency must be approved by the Parliament within a specified period. If not approved, it automatically ceases to operate.
- The courts have the power of judicial review to examine the validity of emergency proclamations and actions taken during emergencies, ensuring adherence to constitutional principles.