Salient Features of the Indian Constitution

Salient Features of the Indian Constitution

• Lengthiest Constitution: The Indian Constitution is the longest written constitution in the world.
• Derived from Various Sources: While influenced by other constitutions, it adopts only features suitable for India and its polity. Many provisions were adopted from the Government of India Act of 1935 (nearly 250).
• Mixture of Rigidity and Flexibility: The Constitution combines elements of rigid (like the US Constitution, requiring specific amendment procedures) and flexible (like the British Constitution, enabling amendments via ordinary law) systems.
• Preamble: The preamble outlines fundamental principles, ideals, and objectives, defining the nature of the Indian state. It directly and indirectly influences the Constitution's aims.
• Federal System with Unitary Bias: The system is fundamentally federal, with distinct state and national governments with defined powers. However, it subtly leans toward a unitary structure in certain aspects.
• Democratic System: India is a democratic republic, where citizens elect a head of state (President) with a fixed 5-year term.
• Parliamentary Form of Government: India utilizes a parliamentary system, emphasizing the cooperation between executive and legislative branches. The Prime Minister plays a pivotal role.
• Fundamental Rights and Duties: The Constitution protects fundamental rights, including equality, freedom, exploitation, religion, culture, and education. The 1976 42nd Amendment introduced fundamental duties.
• Universal Adult Franchise: The right to vote is granted to all citizens above 18 years of age, regardless of gender.
• Integrated and Independent Judiciary: A unified judicial system functions with the Supreme Court at the apex and High Courts at the state level, with lower courts subordinate to the High Courts.
• Directive Principles of State Policy: These principles guide the government towards achieving social and economic justice and were a novel feature introduced by Dr. B.R. Ambedkar. They are outlined in Part IV of the Constitution.
• Emergency Provisions: The Constitution outlines provisions for three types of emergencies: financial, failure of state machinery, and armed rebellion, external aggression or war. Article 360: Financial Emergency, Article 356 & 365: Emergency due to failure of constitutional machinery in states, Article 352: Emergency caused by threats, external aggression, or war.
• Secularism: India is a secular state guaranteeing freedom of religion for all citizens with equal rights, irrespective of belief. Special cultural rights are guaranteed to minorities.
• Three-Tier Government: The 73rd and 74th Amendment Acts established a three-tier (Union, State, Local) governmental structure with urban/rural local bodies empowered to manage their local affairs.

Fundamental Rights of India

• Right to Equality (Articles 14-18): Guarantees equal rights for all citizens. Eliminates discrimination based on religion, caste, sex, place of birth, and ensures equitable opportunities in employment.
• Right to Freedom (Articles 19-22): Enshrines various freedoms, including speech, expression, assembly, association, profession, and movement. Reasonable restrictions by the state may apply for security, morality, or international relations.
• Right Against Exploitation (Articles 23-24): Prohibits human trafficking, forced labor, and child labor in hazardous conditions.
• Right to Freedom of Religion (Articles 25-28): Guarantees freedom of conscience, practice, and propagation of religions for all citizens. The state remains non-religious.
• Cultural and Educational Rights (Articles 29-30): Protects the rights of minorities for preserving their culture, and allows access to education for all to maintain a cultural heritage, without discrimination.
• Right to Constitutional Remedies (Articles 32-35): Ensures a mechanism for enforcing Fundamental Rights, allowing citizens to seek relief in courts if their rights are violated.