Features of Constitution of India
Introduction - The Constitution of India is a unique Constitution in the world.It is the largest written, liberal Constitution in the world. It provides a mixture of federalism and unitarianism, and flexibility with rigidity. Since 1950, it has been successfully guiding the path and progress of India. It has enabled India to develop into world's largest successfully working system of liberal Democracy.
In several respects, the Constitution of India is a unique Constitution - it's voluminous size, the mixture of federalism, unitarianism, flexibility and rigidity. The attempt of the constitution-makers was to give to the nation a workable constitution , capable of securing the unity and stability of the nation and initiating the process of nation building and socio-economic reconstruction.
Salient Features of Indian Constitution
The following are the important salient features of Indian Constitution :-
1. written and detailed constitution
Indian Constitution is a written and detailed constitution. It consists of 446/450 Articles divided into 26 Parts with 12 Schedules and 126 constitutional amendments, Jennings described it as - " the largest written constitution in the world". It is much bigger than the U.S.A Constitution with it's 7 Articles and 27 amendments, the Japanese Constitution with 103 Articles, the French Constitution with its 89 Articles and the Swish Constitution with it's 196 Articles.
2. Self-made Enacted Constitution
Indian Constitution made by the people of India through their dully elected and representative body - The Constituent Assembly. It was organised in December 1946 under the Cabinet Mission Plan. It's first session was held on 9th December,1946. It passed the Objective Resolution on 22 JanuaryJanuary, 1947. Ther afterit initiated the process of Constitution making in the earnest and and was in a position to finally passed and adopted the constitution on 26 November, 1949. It is, thus a self-made dully enacted constitution.
3. Preamble of The Constitution
The Preamble to the Constitution of India is a well-drafted document, which states the philosophy of the constitution. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and a welfare state commited to secure justice, liberty and equality for the people for promoting fraternity, dignity of the Individual, and unity and integrity of the nation. The Preamble is the key of the constitution. It states in nutshell the nature of Indian state and the objectives, - it is commited to decure for the people.
4. Mixture of Rigidity and Flexibility
The Constitution of India is rigid in parts, some of it's 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 law.
5. Fundamental Rights
Under it's Part-III, Articles 12-35, The Constitution of India grants and guarantees Fundamental Rights to it's citizens, initially, 7 Fundamental Rights were granted but by the deletion of the Right to Property (article - 31) from the category of the Fundamental Rights(44th Amendment Act,1979) their number has comedown to six.
Those Fundamental Rights are:-
(i). Right to Equality (Article 14 - 18)
(ii). Right to Freedom (Article 19 - 22)
(iii). Right Against Exploitation ( Article 23 & 24)
(iv). Right to Freedom of Religion (Article 25- 28)
(V). Cultural and Educational Rights (Artcle 29 & 30)
(VI). Right to Constitutional Remedies (Article - 32)
6. Fundamental Duties of The Citizen
The Constitution under it's Part - IV Article 51(A) - incorporated by 42nd amendment, 1976) enumarates 10 Fundamental Duties of Citizen. By the 86th AmendmentAmendment a new Fundamental duty was added and the total number of Fundamental Duties is increase to 11.
7. Directive Principles of State Policy
Part - IV (Articles 36- 51), of the constitution deals with the ' Directive Principles of State Policy), providing one of the most striking feature of the Indian Constitution. In writing this part, the constitution makers were mostly influenced by the Irish Constitution, and the ideologies of Gandhism Fabian socialism. The D.P.S.P. are instructions to the state for securing sociosocio, economic developmental objectives throug it's polices. These are both for the union as well as states.
8. Bicameral Union Parliament
The Constitution Provides for a bi-cameral legislature at the Union level and designates it as the Union Parliament. It's two houses are the Lok Sabha and the Rajya Sabha.
9. Parliamentary Form Of Government
The constitution of Indiaprovides for a parliamentary system of governgovernment at the centre as well as in every state. It is modeled on the British Parliamentary system of Government. The President of India is the constitutional head of the state with nominap powers. The Union Council of Ministers, headed by the Prime Minister - constitutes real executive. Ministers are essentially the members of the Union Parliament. The Council of Ministers is collectively responsibe, for all it's acts before the Lok Sabha. The Lok Sabha can remove the ministry by passing a vote of noconfidence and the ministry has the power to get the Lok Sabha dissolved by the President.
10. Universal Adult Suffrage
Another feature of constitution is the introduction of Universal Adult Suffrage.
11. Single Integrated Judiciary
Through the constitution provides for afederal structure, it establishes a single integrated judiciary system, common for the union and states. Unlike the U.S constitution, qhich provides for Federal Judiciary and leaves the establishment of state judiciary to the constitution of each state, the constitution of India provides for a single judicial system with the Supreme Court at the apex, high courts at the state level and other subordinated courts under the high courts.
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