Salient Features of the consitution (Important for APSC)

Salient Features of the consitution (Important for APSC) The Constitution of India commences with a Preamble, a foundational statement that encapsulates the core ideals, objectives, and fundamental principles that underpin the entire Constitution. It serves as a guiding light for the constitution-making process and the governance of the nation.

The Preamble is not just a mere introduction but a profound reflection of the aspirations of the people and the framers of the Constitution. It sets the overarching goals and values that India aspires to achieve as a nation.

The salient features of the Constitution, both explicit and implicit, find their roots in the Preamble. It is from these objectives outlined in the Preamble that various aspects of the Constitution have evolved directly and indirectly. The Preamble acts as a touchstone against which the validity of laws and actions of the government can be tested.

Constitution of india – Important features Salient Features of the consitution (Important for APSC)

Lengthiest Written Constitution

Constitutions come in different forms: they can be written, like the American Constitution, or unwritten, as exemplified by the British Constitution.

The Constitution of India stands out as the most extensive and detailed constitutional document in the world. In essence, it holds the distinction of being the lengthiest among all written constitutions globally. It is a highly comprehensive, intricate, and meticulously crafted document.

Several factors have contributed to the expansive nature of the Indian Constitution:

• Geographical Factors: The vastness and diversity of India as a country necessitated a more comprehensive framework to accommodate its unique regional and cultural distinctions.

• Historical Factors:The historical influence of the Government of India Act of 1935, a substantial and complex legal document, played a role in shaping the Indian Constitution.

• Unified Constitution:India adopted a single constitution for both the central government and the states, necessitating a more detailed set of provisions to address the needs of this diverse nation.

• Legal Expertise:The presence of legal luminaries in the Constituent Assembly led to a thorough and detailed constitution.

The Constitution of India encompasses not only the fundamental principles of governance but also offers an extensive set of administrative provisions. It covers a broad spectrum of both justiciable (enforceable through the courts) and non-justiciable (not subject to judicial enforcement) rights, reflecting the country’s commitment to both legal and moral principles.

Drawn from Various Sources

• The Constitution of India incorporates provisions from various sources, notably the Government of India Act of 1935, with around 250 provisions directly borrowed from it.
• Dr. B. R. Ambedkar proudly asserted that the Constitution of India was meticulously crafted after a thorough examination of numerous constitutions from around the world.
• The structural framework of the Constitution is significantly influenced by the Government of India Act of 1935.
•  The philosophical elements of the Constitution, which encompass Fundamental Rights and the Directive Principles of State Policy, take inspiration from the American and Irish Constitutions, respectively.
•  The political aspects of the Constitution, including principles such as Cabinet government and the relationship between the executive and the legislature, are largely derived from the British Constitution.

Blend of Rigidity and Flexibility

Constitutions can be categorized into two primary types: rigid and flexible.

•  A rigid constitution necessitates a special and often more complex procedure for its amendment. The American Constitution is a prime example of a rigid constitution.
• In contrast, a flexible constitution allows amendments to be made in the same manner as regular laws. The British Constitution serves as an illustration of a flexible constitution.
•  The Indian Constitution stands as a unique and remarkable example, combining elements of both rigidity and flexibility within its framework.
• Whether a constitution is considered rigid or flexible depends on the specific amending procedures it prescribes.
• The Indian Constitution offers three categories of amendments, each varying in complexity, ranging from simpler procedures to the most intricate, based on the nature of the proposed amendment

 Federal System with Unitary Bias

The Constitution of India establishes a federal system of governance, featuring elements commonly associated with federal systems, including dual governments, power division, a written constitution, constitutional supremacy, a degree of constitutional rigidity, an independent judiciary, and a bicameral legislature.

However, it also incorporates several unitary or non-federal characteristics, such as a strong central authority, a single overarching Constitution, the appointment of state governors by the central government, the presence of all-India services, an integrated judiciary, and more.

Notably, the term ‘Federation’ is not explicitly used within the Constitution. Article 1 refers to India as a ‘Union of States,’ signifying two crucial aspects:

1. The Indian Federation does not result from a formal agreement among the states.

2. No state possesses the right to secede from the federation.

As a result, the Indian Constitution has been described in various ways, such as ‘federal in form but unitary in spirit’ and ‘quasi-federal,’ a term coined by K. C. Wheare.

Parliamentary Form of Government

The Constitution of India has consciously adopted the British Parliamentary System of Government over the American Presidential system.

•  The parliamentary system is characterized by the principle of collaboration and coordination between the legislative and executive branches, whereas the presidential system is founded on the doctrine of separating these two branches of government.
•  The parliamentary system is often referred to as the ‘Westminster’ model of government, known for concepts like responsible government and cabinet government.
• Importantly, the parliamentary system is not only established at the national level but also extended to the states within India.
•  In this system, the role of the Prime Minister has grown to be so pivotal that it’s often termed a ‘Prime Ministerial Government.’

Synthesis of Parliamentary Sovereignty and Judicial Supremacy

The concept of parliamentary sovereignty is closely linked with the British Parliament, while the principle of judicial supremacy is associated with the American Supreme Court.

• Just as the Indian parliamentary system varies from the British model, the extent of the Supreme Court’s judicial review power in India is narrower compared to the United States.
• This distinction arises from the American Constitution’s incorporation of ‘due process of law,’ contrasting with the Indian Constitution’s use of ‘procedure established by law’ (Article 21).
• Therefore, the framers of the Indian Constitution aimed to strike a balance between the British notion of parliamentary sovereignty and the American concept of judicial supremacy.
• The Supreme Court in India possesses the authority to declare parliamentary laws unconstitutional through its power of judicial review.
• The Parliament, on the other hand, retains the ability to amend a substantial portion of the Constitution through its constituent power.

 Rule of Law

The concept of parliamentary sovereignty is closely linked with the British Parliament, while the principle of judicial supremacy is associated with the American Supreme Court.

•  Just as the Indian parliamentary system varies from the British model, the extent of the Supreme Court’s judicial review power in India is narrower compared to the United States.
• This distinction arises from the American Constitution’s incorporation of ‘due process of law,’ contrasting with the Indian Constitution’s use of ‘procedure established by law’ (Article 21).
• Therefore, the framers of the Indian Constitution aimed to strike a balance between the British notion of parliamentary sovereignty and the American concept of judicial supremacy.
• The Supreme Court in India possesses the authority to declare parliamentary laws unconstitutional through its power of judicial review.
•  The Parliament, on the other hand, retains the ability to amend a substantial portion of the Constitution through its constituent power.

Integrated and Independent Judiciary

India boasts a unified and cohesive judicial system that operates independently, as ensured by the Indian Constitution, keeping the judiciary free from undue influence by the executive and the legislature.

• At the pinnacle of this system, the Supreme Court serves as the highest authority in the judiciary.
• Beneath the Supreme Court, the states have their respective High Courts.
•  Further down the hierarchy, one finds a network of subordinate courts, including district courts and lower courts.

The Supreme Court, functioning as a federal court, holds the highest appellate jurisdiction, safeguarding citizens’ fundamental rights and upholding the Constitution. To maintain its independence, the Constitution incorporates several provisions.

Fundamental Rights

Part III of the Indian Constitution guarantees six fundamental rights to all citizens, serving as a cornerstone of this constitutional framework.

• Fundamental Rights stand as a pivotal and defining feature of the Indian Constitution.
•  The Constitution upholds a fundamental principle: every individual is inherently entitled to specific rights as a human being, and these rights are not contingent upon the will of any majority or minority.
•  No majority possesses the authority to nullify these rights, reinforcing their inherent and inalienable nature.
•  The primary objective of fundamental rights is to foster the ideals of political democracy.
•  They function as constraints on the potential abuse of power by the executive branch and the enactment of arbitrary laws by the legislature.
•  Importantly, these rights are justiciable, meaning they can be enforced by the courts when violated.

Directive Principles of State Policy

As per Dr. B. R. Ambedkar, the Directive Principles of State Policy represent a ‘novel feature’ within the Indian Constitution. These principles are outlined in Part IV of the Constitution and play a significant role in shaping the nation’s governance.

• The inclusion of Directive Principles in our Constitution serves the purpose of fostering social and economic justice for the citizens.
• A central objective of the Directive Principles is to establish a welfare state in India, mitigating the concentration of wealth in the hands of a few.
•  It’s important to note that Directive Principles are non-justiciable in nature, meaning they are not subject to direct enforcement by the courts.
• In a landmark decision during the Minerva Mills case (1980), the Supreme Court emphasized that ‘the Indian Constitution is built upon the foundation of a delicate balance between Fundamental Rights and the Directive Principles.’ This underscores the essential interplay between the two sets of principles within the Constitution.

Fundamental Duties

The original Constitution did not encompass provisions for the fundamental duties of citizens. The inclusion of Fundamental Duties in the Constitution transpired through the 42nd Amendment Act of 1976, following recommendations made by the Swaran Singh Committee.

• This significant amendment introduced a list of ten Fundamental Duties to be adhered to by all Indian citizens.
• Subsequently, the 86th Constitutional Amendment Act of 2002 added one more fundamental duty to this list.
•  Unlike fundamental rights, which are guaranteed to the people, fundamental duties represent obligations expected from every citizen.
• Similar to the Directive Principles of State Policy, fundamental duties are non-justiciable in nature, meaning they are not subject to direct enforcement through the courts.
• In total, there are 11 Fundamental Duties enshrined within the Constitution.

Indian Secularism

The Constitution of India firmly upholds the principles of a secular state, abstaining from endorsing any particular religion as the official faith of the nation.

• In line with the ideals of a secular democracy, as envisioned by the Indian Constitution, several key characteristics emerge:

  – The State remains unaffiliated with any religion and operates independently.

  – While the State ensures every individual’s right to practice their chosen religion, it refrains from showing preferential treatment to any faith.

  – Discrimination based on religion or faith is strictly prohibited by the State.

  – Each citizen enjoys the equal opportunity, subject to general conditions, to hold positions within the government, emphasizing political equality, a cornerstone of Indian secularism.

•  The Indian concept of secularism, as enshrined in the Constitution, does not signify an anti-religious stance. It differs from the Western notion of secularism, which emphasizes a complete separation between religion and the state (negative concept of secularism). Instead, the Indian Constitution embodies the positive concept of secularism, which entails equal respect and protection for all religions.
•  Additionally, the Constitution abolishes the previous system of communal representation while introducing temporary reservations of seats for scheduled castes and scheduled tribes to ensure their adequate representation.

Universal Adult Franchise

The key points about Indian democracy and universal adult franchise:

•  Indian democracy is based on the principle of ‘one person, one vote.’
• Every Indian citizen aged 18 or above can vote in elections without discrimination.
• The Indian Constitution establishes political equality through universal adult franchise.

Single Citizenship

In federal states, such as the USA, citizens typically hold dual citizenship. However, in India, a unique system of single citizenship prevails.

• Single citizenship means that every individual in India is considered a citizen of the nation, regardless of their place of residence or birth.
• They are not regarded as citizens of specific constituent states like Jharkhand, Uttaranchal, or Chattisgarh, even if they belong to these regions. Instead, they retain their Indian citizenship.
• All Indian citizens have the freedom to seek employment anywhere within the country and enjoy equal rights throughout India.
• The framers of the Constitution intentionally chose single citizenship as a means to counter regionalism and other divisive tendencies.
•  Undoubtedly, single citizenship has played a significant role in fostering a sense of unity among the diverse population of India.

 Independent Bodies

• The Indian Constitution outlines the legislative, executive, and judicial branches of government at both central and state levels.
•  Additionally, the Constitution establishes several independent bodies.
•  These independent bodies are integral to upholding and strengthening the democratic governance system in India.

 Emergency Provisions

The Constitution framers also anticipated scenarios when the normal functioning of the government might be disrupted. To address such contingencies, the Constitution outlines specific emergency provisions. These provisions encompass three distinct types of emergencies:

• Emergency Caused by War, External Aggression, or Armed Rebellion (Article 352):

This type of emergency arises in response to war, external threats, or armed rebellions. Its purpose is to safeguard the sovereignty, unity, integrity, and security of the nation, as well as the democratic political system and the Constitution.

• Emergency Arising from the Failure of Constitutional Machinery in States (Article 356 & 365):

This emergency comes into play when the normal constitutional machinery in a state fails. It is designed to maintain the constitutional order and integrity of the country.

• Financial Emergency (Article 360):

This emergency can be declared during financial crises. Its aim is to address economic challenges and ensure the country’s financial stability.

During an emergency, the central government assumes significant authority, and the states come under the direct control of the central authority. This transformation of the political system from a federal structure during normal times to a unitary structure during an emergency is a distinctive characteristic of the Indian Constitution.

 Three-tier Government

• The original Indian Constitution established a dual polity, defining the structure and powers of the Central and State governments.
•  The 73rd and 74th Constitutional Amendment Acts of 1992 introduced a third tier of government, which is unique and not commonly found in other world constitutions.
• The 73rd Amendment Act of 1992 recognized panchayats (rural local governments) by adding a new Part IX and Schedule 11 to the Constitution.
•  The 74th Amendment Act of 1992 granted constitutional recognition to municipalities (urban local bodies), furthering the cause of local self-governance and administrative decentralization in India.

Co-operative Societies

The 97th Constitutional Amendment Act of 2011 extended constitutional recognition and protection to cooperative societies, introducing three significant changes to the Constitution:

•  It elevated the right to establish cooperative societies to the status of a fundamental right, as enshrined in Article 19.
•  A new Directive Principles of State Policy concerning the promotion of cooperative societies was added under Article 43-B.
• The Amendment Act introduced a fresh constitutional section titled “The Co-operative Societies” within Part IX-B, spanning Articles 243-ZH to 243-ZT.

This new Part IX-B encompasses various provisions designed to ensure the democratic, professional, autonomous, and economically sound functioning of cooperative societies across the nation.

Under this amendment, it empowers the Parliament to enact appropriate laws for multi-state cooperative societies, while state legislatures hold the authority to legislate for other cooperative societies.

Critiques of Key Aspects of the Indian Constitution

The Indian Constitution, widely regarded as one of the most comprehensive and meticulously crafted in the world, is not immune to criticism. Some key aspects that have faced criticism include:

• Length and Complexity:

 The Indian Constitution’s sheer length, housing over 450 articles, can be overwhelming and challenging for the general populace to grasp and navigate.

• Rigidity and Flexibility:

The Constitution exhibits a unique blend of rigidity and flexibility. While amending it requires a special majority in both houses of Parliament, the fact that it has been amended over 100 times suggests that it might not be flexible enough to adapt swiftly to the evolving needs of the nation.

• Federalism with a Unitary Bias:

 Although the Indian Constitution establishes a federal system, it allocates more authority to the central government than to state governments, leading to assertions that it leans towards unitarism.

• Parliamentary Form of Government:

 India’s parliamentary system has been critiqued for its potential instability and the frequent changes in government it can bring about.

• Fundamental Rights:

 While the Constitution guarantees six fundamental rights to citizens, criticisms have arisen regarding their perceived limitations and their ability to provide adequate protection to individuals.

• Directive Principles of State Policy:

The Constitution outlines Directive Principles of State Policy (DPSPs) as guidelines for the government to achieve social justice and economic development. However, these principles lack enforceability in a court of law, prompting criticism of their efficacy.

• Emergency Provisions:

 The Constitution includes provisions for emergencies, which empower the central government to suspend fundamental rights and assume direct control over states during times of crisis. These provisions have drawn criticism for their perceived breadth and potential misuse by the government to stifle dissent.