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Chapter 3 Unique/Salient Features of the Indian Constitution The Indian Constitution is the longest written constitution in the world, containing detailed provisions governing the structure, functioning, and regulation of the government, as well as the rights of citizens. Drafted by the Constituen...

Chapter 3 Unique/Salient Features of the Indian Constitution The Indian Constitution is the longest written constitution in the world, containing detailed provisions governing the structure, functioning, and regulation of the government, as well as the rights of citizens. Drafted by the Constituent Assembly from 1946 to 1949 and adopted on January 26, 1950, it reflects India’s diverse and pluralistic society. The Constitution is a unique document that combines a variety of influences, including elements from British, American, Canadian, and Irish constitutional systems. The Indian Constitution is distinct in many respects, drawing from a variety of influences while reflecting the unique characteristics of India's society, politics, and governance needs. The salient features of the Indian Constitution are those that make it distinct and special. Here is a detailed explanation of the key features: 1. Written Constitution:  India has a written constitution that is detailed and comprehensive. It lays down a clear framework of governance, covering everything from fundamental rights to the organization of the state and the judiciary. It also contains detailed provisions for the relationship between the central and state governments. 2. Longest Constitution:  The Indian Constitution is one of the longest in the world, with over 448 articles, 25 parts, and 12 schedules. It also has been amended more than 100 times since its adoption. The Constitution is a living document that evolves with time. 3. Federal System with Unitary Bias:  The Constitution establishes a federal system, but it has a unitary bias. While there is a division of powers between the Union and State governments, in times of national crisis (such as a war or internal unrest), the Constitution allows the central government to take over the powers of the states.  The Union List, State List, and Concurrent List provide the division of legislative powers between the Union and the States. The Indian Constitution establishes a federal system of governance, where power is divided between the Central Government (Union) and State Governments. This division is outlined in List I, List II, and List III in the Seventh Schedule (Union List, State List, and Concurrent List). Despite this federal structure, India has a unitary bias in practice:  The Union Government holds greater powers, especially in times of national emergency.  The Central Government has the authority to dissolve the state legislature and impose President’s Rule (under Article 356) if the state government is unable to function as per the provisions of the Constitution.  In case of a conflict between laws made by Parliament and State Legislatures, the law made by Parliament prevails. 4. Parliamentary System of Government: India follows a parliamentary system of government, similar to the United Kingdom. In this system, the executive (the Prime Minister and Council of  Ministers) is accountable to the legislature (Parliament) and can be removed by a vote of no confidence in the Lok Sabha (lower house). However, India follows a parliamentary system of government, which is modelled on the British system. It is a dual executive system, comprising: a) The President of India (the nominal executive): The President of India is the ceremonial head of state, while the Prime Minister is the actual head of government. b) The Council of Ministers headed by the Prime Minister (the real executive): The Prime Minister and the Council of Ministers are responsible to the Lok Sabha (Lower House) of Parliament. They must maintain the confidence of the majority of members of the Lok Sabha to stay in power. Bicameral Legislature: The Indian Parliament consists of two Houses: a) Lok Sabha (House of the People): Directly elected by the people of India, representing the general public. b) Rajya Sabha (Council of States): Members are indirectly elected by the members of the State Legislative Assemblies, representing the states and union territories. 5. Independent Judiciary:  The Indian judiciary is independent from the executive and legislature. It has the power of judicial review, meaning that the courts can strike down laws and executive actions that violate the Constitution.  Judicial Review: The judiciary has the power to review laws passed by the Parliament and state legislatures to ensure they are in conformity with the Constitution. This principle is derived from the power of judicial review established by Marbury v. Madison in the U.S. judicial system.  The Supreme Court is the apex court of India and is responsible for upholding the Constitution and interpreting the laws. It can also settle disputes between the Union and the States. The Indian Judiciary is independent and plays a vital role in maintaining the supremacy of the Constitution and safeguarding citizens’ rights.  The High Courts serve as the highest courts in the states and union territories, and they oversee the administration of justice at the regional level. 6. Fundamental Rights and Duties: The Fundamental Rights (Part III) guarantee basic human rights to all citizens. These include the right to equality, freedom of speech, protection from exploitation, and the right to practice religion. These rights are enforceable in courts. The Fundamental Rights (Articles 12 to 35) are a set of rights that are guaranteed to all citizens to protect them from the arbitrary action of the government. These rights are justiciable, meaning they are enforceable by the courts. These rights include:  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), which allows individuals to move the Supreme Court for the enforcement of their fundamental rights. These Fundamental Rights are subject to reasonable restrictions in certain cases (such as national security or public order), and some rights are available only to citizens, not to non-citizens.  The Fundamental Duties (Part IVA), added by the 42nd Amendment (1976), outline the responsibilities of citizens toward the nation, such as respecting the Constitution, cherishing the nation's heritage, and protecting the environment. 7. Directive Principles of State Policy:  The Directive Principles of State Policy (DPSP) (Articles 36 to 51) under Part IV of Indian Constitution are guidelines or principles that suggest how the government should work toward achieving social and economic welfare.  They are not justiciable, meaning they cannot be enforced by the courts. However, they are meant to guide the government in making laws and policies aimed at achieving social justice, economic equality, and welfare for all citizens. Though non- justiciable (not legally enforceable), they provide the framework for creating policies and legislation aimed at reducing inequalities and improving the quality of life for citizens.  The DPSP reflect the vision of the framers of the Constitution in creating a fair, just, and equitable society. 8. Single Citizenship:  India follows a system of single citizenship. Unlike some federal countries (like the U.S.), there is no separate citizenship for states. All citizens are Indian citizens, regardless of which state they belong to. 9. Secular State:  India is a secular state, meaning that the government does not favor any religion. The Indian Constitution guarantees freedom of religion to all citizens under Article 25 to 28.  It ensures that the state will not interfere in religious practices and beliefs but may regulate religious practices if they conflict with public order, morality, and health.  The Constitution prohibits discrimination on the grounds of religion (Article 15) and provides for equal treatment of all religions by the state. 10. Flexible Constitution:  Though the Indian Constitution is a rigid document in many respects, it is also flexible in that it allows for amendments. These amendments can be made to address changing needs and circumstances without the need for a complete overhaul. 11. Sovereign State  Sovereignty refers to the supreme authority of a state to govern itself without interference from outside sources. The Indian Constitution declares India to be a sovereign, democratic, and republican state, meaning it has the full right to make laws within its territory without any external interference. 12. Republic  India is a republic, which means that the head of the state is elected and not a hereditary monarch. The President of India is the ceremonial head of the state, elected by an electoral college consisting of elected members of both houses of Parliament and the Legislative Assemblies of the states and union territories. 13. Universal Adult Franchise  The Indian Constitution provides for universal adult franchise, granting every citizen who is 18 years or older the right to vote. This ensures political equality and provides all citizens with the opportunity to participate in the democratic process.  Elections are held at regular intervals for the Lok Sabha, Rajya Sabha, State Assemblies, and Local Bodies, allowing people to choose their representatives. 14. Amendment Procedure  The Constitution of India is flexible but also rigid in certain respects. It allows for amendments to be made to adapt to changing circumstances, but the amendment process is more detailed and requires multiple stages: o Simple majority in Parliament for some provisions. o Special majority for other provisions (e.g., changing the federal structure). o Ratification by States may be required for certain amendments.  The process of amending the Constitution is laid down in Article 368. 15. Role of President of India  The President of India plays a key role as the head of the state and exercises executive authority in the name of the government. The President has several powers, such as: o Issuing ordinances when Parliament is not in session. o Summoning and proroguing Parliament. o Appointing the Prime Minister and other ministers. o Appointing judges of the Supreme Court and High Courts. o Promulgating emergency provisions in case of national, state, or financial emergency. To conclude, the Indian Constitution is a profound document that provides the legal foundation for the nation, balancing federal and unitary features, individual rights and state interests, and economic development with social justice. Its detailed and comprehensive nature, along with its unique blend of democratic, secular, and socialist principles, reflects the diverse and complex realities of governing one of the world's largest and most populous democracies.