laxmikant---Salient Features of the Indian Constitution

### Salient Features of the Indian Constitution

• The Indian Constitution is the lengthiest written constitution in the world.
• It was originally adopted in 1949 with a preamble, 395 articles (divided into 22 parts) and 8 schedules.
• Currently, it has a preamble, about 470 articles (divided into 25 parts) and 12 schedules.
• The expansive size is attributed to factors like the vastness of India, historical influences, a single constitution for both the central and state governments, and the influence of legal experts in the Constituent Assembly.

Fundamental Rights

• The Indian Constitution guarantees six fundamental rights to citizens:
  • Right to Equality (Articles 14-18)
  • Right to Freedom (Articles 19-22)
  • Right against Exploitation (Articles 23-24)
  • Right to Freedom of Religion (Articles 25-28)
  • Cultural and Educational Rights (Articles 29-30)
  • Right to Constitutional Remedies (Article 32)
• Fundamental Rights are meant to promote political democracy and function as limitations on executive tyranny and arbitrary laws.
• They are justiciable, meaning enforceable by courts for violation.
• These rights are not absolute and can be subject to reasonable restrictions.
• They can be curtailed or repealed through a Constitutional Amendment Act.
• Fundamental Rights can be suspended during a National Emergency, except for the rights guaranteed by Articles 20 and 21.

Directive Principles of State Policy

• The Directive Principles of State Policy are considered a novel feature of the Indian Constitution.
• Found in Part IV, they are classified into socialistic, Gandhian, and liberal-intellectual categories.
• They aim to establish a ‘welfare state’ in India by promoting social and economic democracy.
• Unlike Fundamental Rights, they are non-justiciable and not directly enforceable by courts.
• The Constitution emphasizes their importance in the governance of the country.
• They impose a moral obligation on state authorities, with political support (public opinion) being the primary driving force.

Fundamental Duties

• Fundamental Duties were added in 1976 by the 42nd Constitutional Amendment Act, during the internal emergency.
• The 86th Constitutional Amendment Act of 2002 added another duty.
• They are outlined in Part IV-A, Article 51-A, and include:
  • Respecting the Constitution, national flag, and national anthem
  • Protecting the sovereignty, unity, and integrity of the country
  • Promoting common brotherhood among all people
  • Preserving the rich heritage of our composite culture
• They remind citizens of responsibilities while enjoying their rights.
• Like the Directive Principles, they are non-justiciable.

A Secular State

• The Indian Constitution upholds a Secular State.
• This means it doesn't endorse any specific religion as the official religion of the Indian State.
• Secularism is evident in provisions like:
  • The inclusion of the term ‘secular’ in the Preamble by the 42nd Amendment Act of 1976.
  • Securing liberty of belief, faith, and worship for all citizens.
  • Guaranteeing equality before the law and equal protection of the laws (Article 14).
  • Prohibiting discrimination based on religion (Article 15).
  • Ensuring equal opportunity for all in matters of public employment (Article 16).
  • Recognizing the freedom of conscience and the right to freely profess, practice, and propagate any religion (Article 25).
  • Providing the right to manage religious affairs for every religious denomination (Article 26).

Emergencies

• The Constitution provides for three types of emergencies:
  • National Emergency due to war, external aggression, or armed rebellion (Article 352)
  • State Emergency (President's Rule) due to the failure of constitutional machinery in a state (Article 356) or non-compliance with central directives (Article 365)
  • Financial Emergency due to threats to the financial stability or credit of India (Article 360)
• During an emergency, the central government gains significant power and the states come under central control.
• This effectively transforms the federal structure into a unitary one without formal constitutional amendment.
• This shift from federal to unitary during emergency situations is a unique characteristic of the Indian Constitution.

Three-Tier Government

• Initially, the Indian Constitution, like other federal systems, established a dual polity with provisions for the center and states.
• The 73rd and 74th Constitutional Amendment Acts (1992) introduced a third tier of government, local government, which is unique to the world.
• The 73rd Amendment gave constitutional recognition to Panchayats (rural local governments) by adding Part IX and Schedule 11.
• The 74th Amendment recognized Municipalities (urban local governments) by adding Part IX-A and Schedule 12.

Co-operative Societies

• The 97th Constitutional Amendment Act of 2011 granted constitutional status and protection to co-operative societies.
• It made the following changes:
  • Made the right to form co-operative societies a fundamental right (Article 19).
  • Added a new Directive Principle of State Policy on promoting co-operative societies (Article 43-B).
  • Introduced Part IX-B, titled "The Co-operative Societies" (Articles 243-ZH to 243-ZT).
• The new Part IX-B aims to ensure that co-operative societies function democratically, professionally, autonomously, and economically sound.