BASIC FEATURES OF INDIAN CONSTITUTION

BASIC FEATURES OF INDIAN CONSTITUTION:

 

A Constitution means a document having a special legal sanctity which sets out the framework and the principal functions of the organs of the Government of a State and declares the principle governing the operation of those organs.

 

The 26th of January 1950 was a red-letter day in the long and chequered history of India. For, on that day the present Constitution of India was brought into force which announced to the world the new birth of new republic.

 

The essentials feature of the Indian Constitution can broadly classify into three kinds, respectively.

 

A.  Salient features.

B.  Unitary features and

C.  Federal features.

 

A. SALIENT FEATURES OF THE INDIAN CONSTITUTION:

 

The following are the important salient features of Indian Constitution-

 

1.  lengthiest Constitution in the world:

The Indian Constitution is the lengthiest Constitution in the world. Indian Constitution originally constituted of 395 Articles divided into 22 Parts and 8 Schedules. At, present there is 448 Articles divided into 25 Parts and 12 Schedules.

 

2. Parliamentary form of Government:

 

The Constitution of India established parliamentary for of Government both at the Centre and States. It provides for a full-fledged democracy. In parliamentary democracy elections are held at regular intervals for choosing the representatives of the people who control the executives & the council of minister is collectively responsible to them [Article – 75(3)]

 

3. Fundamental Rights:

 

The Constitution of India has declared various fundamental rights to every citizen of India under Part-III of the Constitution.

 

These rights are as follows: -

 

                     i.        Right to Equality

                   ii.        Right to Freedom

                  iii.        Right against exploitation

                  iv.        Right to freedom of religion

                    v.        Cultural and Educational Rights, and

                  vi.        Right to Constitutional remedies.

 

4. Directive Principle of State Policy (DPSP):

 

The Directive Principle of State Policy (DPSP) contained in Part-IV of the Constitution. Unlike Fundamental Rights, these rights are not justiciable. The Government are not bound to protect these principles. Only for the welfare of the state constitution makers kept it in the Constitution.

 

5. Fundamental Duties:

 

The Constitution 42^nd Amendment Act, 1976 has declared various fundamental duties. The fundamental duties are indeed to serve a constant reminder to every citizen of the country. Article-51(A) deals with these fundamental duties.

 

6. An independent judiciary:

 

For protecting the fundamental rights and safeguard the constitution independent judiciary is present here. Federal Courts and Supreme Court acting as a guardian of fundamental rights. It is the custodian of citizens. Besides, in a federal constitution it plays another significant role of determining the limits of power of the Centre and State.

 

7. A secular state:

 

A secular state has no recognized religion. It treats all religions equally. The preamble has declared India as a secular state. Every citizen can practice his own religion.

 

8. Single citizenship:

 

Though, the Constitution of India is federal but, single citizenship is there. Single citizenship is the citizenship of whole over the country.

 

9. Unique blend of rigidity and flexibility:

 

It has been the nature of the amending process itself in federation which had led political scientists to classify federal constitution as rigid. A rigid constitution is one which requires a special method of amendments for amend any of its provisions, while in flexible constitution any of its provisions can be amend by ordinary legislative process. A written constitution said to be rigid. The Indian Constitution, though written, is sufficiently rigid. Here’s only few provisions which require the consent of half of the state legislature to amend those provisions. The rest of the provisions can be amended by a special majority by a special majority of Parliament.

 

10. A federation with strong centralizing tendency:

 

 

The most remarkable feature of the Indian Constitution is that being federal constitution it acquires a unitary character during the time of emergency. During the proclamation of emergency, the normal distribution of power between Centre and State undergoes a vital change. The parliament is empowered to legislate on any subject mentioned in the state list. The Central Government is empowered to give direction to states as to the manner in which it should exercise its executive powers. Thus during the proclamation of emergency all powers are centralized in union government and acquires unitary character. This combination of federal and unitary system in unique feature of the Indian Constitution.

 

11. Adult Suffrage:

 

The old system of communal election has been abolished and the uniform adult suffrage has been adopted. Under the Indian Constitution every man and women above 18 years of age has been given the right to elect representatives for the legislature.

 

12. Judicial Review:

 

The Constitution provides for the judicial review of the acts of legislature. Judicial Review is the power of the court to pronounce upon the constitutionality of legislative acts which fall within their normal jurisdiction to enforce and the power to refuse to enforce such as they find to be unconstitutional and hence void.

 

B. UNITARY FEATURES OF INDIAN CONSTITUTION:

 

In Unitary Constitution the power of the government is centralized in one government viz, the Central Government. The provinces are subordinate to the Centre.

 

The Indian Constitution has the following unitary features –

 

1. Appointment of Governors:

 

The Governor of a states is appointed by the President. Article 155 and 156 deals with the appointment of Governor. The Governor is the constitutional head of the state, who shall normally acting according with advice of council of ministers. There are provisions in the constitution under which the Governor is required to send certain state laws for the assent of the President. President has the power to give veto on any of laws send to him for assent. So, it’s a unitary feature of Indian Constitution.

 

2. Parliament’s power to legislate in the national interest:

 

Under Article 249 Parliament has the power to make laws in the national interest, if the Rajya Sabha passed any resolution with 2/3 majority. Then the Central Government will make law for this particular state.

3. Parliament has the power to form a new state and change the boundaries of existing state:

 

The Parliament of India has the power to form a new state and also has the power to change the boundary of a state. It is the discretion of Central Government.

 

4. Emergency provisions:

 

The Constitution envisages three types of emergencies-

 

         i.        Emergency caused by war or external aggression or armed rebellion (Article-352)

              ii.        Emergency caused by the failure of constitutional machinery (Article-356)

             iii.       Financial emergency (Article-360)

 

Above three types of emergency provisions apply only by the wishes of Central Government.

 

The all above mentioned features are the unitary features of the Indian Constitution.

 

C. FEDERAL FEATURES OF INDIAN CONSTITUTION:

A Federal Constitution there is a division of powers between the Federal and State govt., and both are independent in their own sphere.

 

According to Prof. Wheare, Federal Principles is meant method of dividing powers, so that the general and regional government are each within a sphere co-ordinate and independent. Both the federal and regional government are co-ordinate and independent in their spheres and subordinate to one another.

 

Following are the important federal feature of Indian Constitution-

 

1. Distribution of power:

 

The distribution of power is an essential feature of Indian Constitution. Federalism means the distribution of powers among the units. The basis of such distribution is the matter important to the nations are in hands of the Central Government and the regional matters are in the hands of State Governments.

 

2. Supremacy of Constitution:

 

A federal state derives its existence from the constitution, just as corporation derives its existence from the grant by which it is created. Hence, every power, executive, legislative or judicial whether it belongs to the nation or to the individual state is subordinate to and controlled by the constitution. The Constitution in a federal state constitute the supreme Law of the land.

 

3. A written constitution:

 

A federal constitution must be written. The foundation of the federal state is complex one. So, if it written in the constitution then non can violate any provision of the constitution. In India a written constitution are there.

 

4. Rigidity:

 

A natural corollary of a written constitution is its rigidity. A constitution which is supreme law od the land must also be rigid. Ina rigid constitution the procedure od amendment is very complicated and difficult. A constitution of a country considers to be a permanent document. It is the supreme law of the land. This supremacy of the constitution can only be maintained if the method of amend is rigid.

 

5. Authority of Court:

 

In a federal state the legal supremacy of constitution is very essential for the existence of federal system. The nature of the federal state involves a division of a power between the central and state government. It is therefore essential to maintain this division of power between two levels of governments. The Authority of Court also necessary because it interpret the constitution. So, it keeps the balance with federal system.

 

Above mentioned features are the federal features of the Indian constitution. And here we can say that the feature of Indian constitution is mixer of federal and unitary character.