Chapter 4: Salient Features of the Constitution PDF

# Chapter 4: Salient Features of the Constitution ## Key Features of the Indian Constitution * **Longest Written Constitution:** The Indian Constitution is the longest written Constitution in the world. * The original Constitution (1949) had **395 Articles**, **22 Parts**, and **8 Schedules*...

# Chapter 4: Salient Features of the Constitution ## Key Features of the Indian Constitution * **Longest Written Constitution:** The Indian Constitution is the longest written Constitution in the world. * The original Constitution (1949) had **395 Articles**, **22 Parts**, and **8 Schedules**. * Currently, it has **470 Articles** (divided into **25 Parts**) and **12 Schedules**. * **Source of the Constitution:** The Indian Constitution was formulated using a variety of sources, including: * **The Government of India Act 1935:** This act served as a base for the fundamental structure of the Constitution. * **Philosophical Aspects:** The Constitution borrows philosophical concepts from various countries such as the United States (for the fundamental rights) and Ireland (for Directive Principles). * **Political Aspects:** The Constitution incorporates structural principles from the United Kingdom's parliamentary system. * **Flexible and Rigid:** The Indian Constitution is neither entirely flexible nor entirely rigid, allowing for both a degree of stability and adaptability. * **Flexibility:** The Constitution provides for a process of amendment through **Article 368** to allow for changes but only through a specific process. * **Federalism with a Unitary Bias:** While the Constitution exhibits features of federalism (division of powers between the center and states), it also leans towards a unitary system due to factors like: * A single citizenship. * Appointment of state Governors by the Center. * Emergency provisions providing centralized authority. * **Parliamentary Form of Government:** The Indian Constitution adopts the British parliamentary model, which features: * A responsible government. * A system of checks and balances. * Collective responsibility of the cabinet. * **Separation of Powers:** The Constitution ensures a distinction between the three branches of government: the legislature, the executive, and the judiciary. * The judiciary plays a significant role in upholding the Constitution and protecting fundamental rights. * **Judicial Supremacy:** The Indian Constitution establishes the judiciary as the ultimate interpreter of the Constitution, enabling judicial review. * **Integrated and Independent Judiciary:** The Indian judiciary is a unified and independent body, with the Supreme Court at the apex. This guarantees independence from the executive and legislative branches. * **Fundamental Rights:** Chapter III of the Constitution outlines six fundamental rights, including: * Right to equality. * Right to freedom. * Right against exploitation. * Right to freedom of religion. * Cultural and educational rights. * Right to constitutional remedies. * **Directive Principles of State Policy:** These principles, found in Chapter IV of the Constitution, are non-justiciable, but serve as guidelines for the government to promote social welfare, economic justice, and a just society. * **Single Citizenship:** The Constitution establishes a single citizenship for all citizens, regardless of their place of residence. * **Universal Adult Franchise:** The Constitution grants the right to vote to all adults, regardless of caste, creed, gender, or economic status. * **Independent Bodies:** The Constitution establishes independent bodies to ensure the functioning of democracy, including: * Election Commission * Comptroller and Auditor General of India (CAG) * Union Public Service Commission (UPSC) * State Public Service Commission (SPSC) * **Emergency Provisions:** The Constitution outlines provisions for the President to declare various emergencies, such as national emergency, state emergencies, and financial emergencies. * **Federal Structure with Unitary Features:** While exhibiting the features of a federation, the Indian Constitution leans towards a unitary system in the sense of centralized authority. * **Socialist and Secular principles:** The Constitution promotes the ideals of socialism and secularism, as enshrined in the Preamble. * **Fundamental Duties:** The Constitution includes fundamental duties that citizens are expected to uphold, promoting responsible citizenship and social harmony. * **Local Self-Government:** The Constitution mandates the establishment of local self-governing bodies like Panchayats (rural) and Municipalities (urban) to empower citizens at the grassroots level. ## Criticisms of the Indian Constitution * **Borrowed Constitution** * **Unoriginality in content** * **Overly verbose and complicated** * **A large bureaucracy** * **Not a perfect representation of Indian traditions** * **Too much power vested in the judiciary** ## Defences of the Indian Constitution * **The Constitution is a product of several factors, including historical and contemporary influences, which makes it rich and comprehensive.** * **The Constitution is a living document that evolves with time through amendments.** * **The Constitution effectively balances competing interests through a system of checks and balances and judicial review.** * **The Constitution promotes democratic values and principles, protecting the rights of citizens.**