Salient features of Indian Constitution

PREAMBLE:

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY, of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

THE SALIENT FEATURES OF THE CONSTITUTION

1. Preamble: The Preamble, the preface to the constitution, describes the source nature, ideology, goals and objectives of the constitution. It describes India as a sovereign socialist, secular, democratic republic and underlines the-national objective of social just: economic justice and political justice as well as fraternity. It emphasises the dignity of the individual and the unity and integrity of the nation. It declares that in India the people sovereign.

2. Written Constitution: There are two types of constitutions in the world. Most of the constitutions are written. The first modern written constitution was the American constitution. On the other hand, the British constitution is unwritten. It consists of customs and conventions which have grown over the years. In India, we have a written constitution. The framers of our constitution tried to put everything in black and white.

3. Longest Constitution: The Constitution of India is the longest one in the world. Originally it had 395 Articles and 8 schedules. During the period since 1950 a few Articles have been deleted, but many more have been added through amendments. Today the constitution has 395 Articles and 12 schedules. However there is a view that the constitution today has 444 Articles. Originally the constitution had 22 parts. Now it has 24 parts.

4. Partly Rigid, Partly Flexible: Whether a constitution is rigid or flexible depends on the nature of amendment. If the constitutional laws and ordinary laws are amended separate ways, it is a rigid constitution. On the contrary, in a flexible constitution constitutional laws and ordinary laws are amended in the same way. Some provisions of the Constitution of India can be amended by the Indian Parliament with simple majority. The amendment of most other provisions of the constitution requires a special majority in both houses of the parliament. There are some other provisions of constitution which cannot be amended by the parliament alone.

5. Parliamentary Democracy: In India, there is a parliamentary form of govern The majority party in the Lower House (Lok Sabha) forms government. The Council Ministers is responsible to the Lok Sabha. The Cabinet is the real executive head. In Presidential form of government, the President is the executive head. In India, the President is only the nominal head. In Britain, the monarchy is hereditary. But in India, the post of President is elective our founding fathers adopted the parliamentary model for two reasons. Firstly, they believed that a parliamentary form of government would be more responsible democratic than the presidential form of government. Secondly, they were, to so extent, familiar with the parliamentary form of government during the British rule particularly after the implementation of the Government of India Act, 1935.

6. Role of Conventions: Though India has a very detailed constitution, there is some scope for conventions to influence its functioning. On some vital issues constitution is silent and one has to depend upon well-established parliament conventions on such occasions. For example, the constitution does not say whether government, defeated on a 'snap vote' in the Lok Sabha, will be required to resign whether the recommendation of a defeated government for the dissolution of the Sabha is to be accepted by the President of India.

7. Federal Government with Unitary Bias: India is a federation, although word 'federation' does not find a place in the whole text of the Indian Constitution. The elements of federation are present in the Indian Constitution. It is a written and rigid constitution. There is dual polity and there is constitutional division of powers between the centre and the states. There is also an independent judiciary. The Supreme C arbitrates the disputes between the centre and the states. All these provisions make India a federation. But in Indian Federation, the centre is strong as compared to the slates. The centre has more financial powers and the states largely depend upon it for their economic development. The Planning Commission has emerged as a 'super cabinet' or a 'super state'. The Governor acts as the agent of the centre.

8. Fundamental Rights: The Fundamental Rights are guaranteed to the individuals by our constitution. These are enumerated in Pail III of the constitution. These rights are fundamental because they are basic to the moral and spiritual development of the individual and these rights cannot be easily abridged by the parliament. The six fundamental rights are - (1) Right to Equality, (2) Right to Freedom, (3) Right against Exploitation, (4) Right to Freedom of Religion, (5) Cultural and Educational Rights and (6) Right to Constitutional Remedies. The Fundamental Rights are subject to some restrictions.

9. Directive Principles of State Policy: The Directive Principles of State Policy are enumerated in Part IV of the constitution. They are instructions or directives from the constitution to the state and the government. It is the duty of the government to implement them. Originally there were 20 Directive Principles. Three more were added by the 42nd Amendment Act, 1976. Thus, in total, there are now 23 Directive Principles.

Some of the important Directive Principles are: (1) There should not be concentration of wealth and means of production to the detriment of common man; (2) There should be equal pay for equal work for both men and women; (3) Workers should be paid adequate wage; (4) Weaker sections of the people, Scheduled Caste and Scheduled Tribe people should be given special care; (5) The state should promote respect for international law and international peace. In general, the Directive Principles aim at building a Welfare State. The Directive Principles are not enforceable in a Court of Law, but they are nevertheless fundamental in the governance of the country. These principles provide the criteria with which we can judge the performance of the government.

10. An Independent and Integrated Judiciary: An independent judiciary is a none of any federation. The judiciary in India is independent and impartial. It is an integrated judiciary with the Supreme Court at the apex of the hierarchy. The High Courts stand in its middle, and the lower courts are located at its bottom.

11. Universal Franchise: Article 326 of the Constitution of India provides universal adult suffrage. The voting age has now come down from 21 to 18. Anybody who has completed 18 years of age is eligible to vote in general elections. This is one of the most revolutionary aspects of Indian democracy.

12. Secularism: India is a secular state. Although the 42nd Amendment Act, inserted the word 'secular' in the Preamble to the constitution, India has been secularism since independence.

13. Single Citizenship: In the United States of America, there is double citizenship. An American is a citizen of America and at the same time he is also a citizen of the 50 States of America. In India, there is only single citizenship. An Indian is a citizen of India only. He is not a citizen of any Indian state. Single citizenship is meant to s national unity and national integration.

14. Fundamental Duties: Fundamental Duties did not form part of the constitution. Ten Fundamental Duties were inserted in Part IV of the constitution 42nd Amendment Act, 1976. Some of the important Fundamental Duties are:

·         to abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem.

·         to cherish and follow the noble ideals which inspired our national struggle for freedom.

·         to uphold and protect the sovereignty, unity and integrity of India.

·         to defend the country and render national service when called upon to do so.

·         to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity or women.

·         to value and preserve the rich heritages of our composite culture.

·         to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.

·         to develop the scientific temper, humanism and the spirit of inquiry and reform.

·         to safeguard public property and abjure violence.

·         to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

A new Article - Article 51-A enumerates ten Fundamental Duties. These duties are assigned only to citizens and not to aliens. These duties are not justifiable, but, in case of conflict, they will prevail over Fundamental Rights.

15. Welfare State: Our constitution aims at building a Welfare State. It provides for development of weaker and depressed sections of the society. It underlines the need of improving the conditions of women, Scheduled Castes and Scheduled Tribes who have remained neglected for long. Our constitution is opposed to concentration of wealth and means of production. Workers should be involved in management and they should get fair wages. Children should not be exposed to hazards. All these provisions are expected to help in building a Welfare State.

16. Democratic System: Our constitution lays a lot of emphasis on democratic values, and a number of democratic institutions have been established to give shape to these values. The centre, states and local self-governing bodies follow democratic principles, and all elections from gram panchayat to parliament are democratically held.

Source: Internet