Salient Features of Constitution of India

Salient Features of Constitution of India:

The Indian Constitution opens with a preamble. The Constitution’s aims,
goals, and fundamental precepts are outlined in the Preamble. These goals, which
follow from the Preamble, have influenced the key elements of the Constitution
both directly and indirectly.
According to the requirements of the nation, our constitution has incorporated the
best elements of the majority of the major international constitutions. Despite
including elements from nearly every constitution in the world, India’s constitution
stands out from those of other nations due to a number of key characteristics.
1.Lengthiest Written Constitution
2.Drawn from Various Sources
3.Blend of Rigidity and Flexibility
4.Federal System with Unitary Bias
5.Parliamentary Form of Government
6.Synthesis of Parliamentary Sovereignty and Judicial Supremacy
7.Rule of Law
8.Integrated and Independent Judiciary
9.Fundamental Rights
10.Directive Principles of State Policy
11.Fundamental Duties
12.Indian Secularism
13.Universal Adult Franchise
14.Single Citizenship
15.Independent Bodies
18.Co-operative Societies
Here’s a detailed description of the Salient Features of Indian Constitution:
1. Lengthiest Written Constitution :-
There are two types of constitutions: written (like the American
Constitution)and unwritten (like the British Constitution). The Indian Constitution
holds the title of being the world’s longest and most comprehensive constitution to
date. In other words, of all the written constitutions in the world, the Indian
Constitution is the longest. It is an extremely thorough, intricate, and extensive
document.
2. Drawn from Various Sources :-
The majority of the provisions of the Indian Constitution were taken from
other nations’ constitutions as well as from the Government of India Act of 1935
(about 250 of the Act’s provisions were included in the Constitution). Dr. B. R.
Ambedkar proclaimed with pride that the Indian Constitution was drafted after
“ransacking all known Constitutions of the world.”
The Government of India Act of 1935 served as the foundation for a
substantial portion of the Constitution’s structural provisions. The Irish and
American Constitutions, respectively, served as models for the philosophical
sections of the Constitution (the Fundamental Rights and the Directive Principles
of State Policy). The British Constitution served as a major inspiration for the
political portion of the American Constitution, including the notion of Cabinet
administration and the relationships between the executive and legislative.
3. Blend of Rigidity and Flexibility :-
There are two types of constitutions: stiff and flexible. A rigid constitution,
like the American Constitution, is one that must be amended through a certain
process. A flexible constitution, like the British Constitution for instance, is one
that can be changed in the same way that regular laws are produced. The Indian
Constitution is a special illustration of how rigidity and flexibility may coexist. A
constitution’s amendment process determines whether it is rigid or flexible.
4. Federal System with Unitary Bias :-
A federal structure of governance is established under the Indian
Constitution. Every characteristic of a federation is present, including two
governments, a division of powers, a written constitution, the supremacy of the
Constitution, its rigour, an independent judiciary, and bicameralism. K C Wheare
has alternately defined the Indian Constitution as “federal in form but unitary in
spirit” and “quasi-federal”.
5. Parliamentary Form of Government :-
The British Parliamentary System of Government has been chosen by the
Indian Constitution above the American Presidential System of Government. The
presidential system is founded on the notion of the separation of powers between
the two organs, whereas the parliamentary system is based on the idea of
cooperation and coordination between the legislative and executive organs. The
Westminster model of governance, responsible government, and cabinet
government are other names for the parliamentary system.
The parliamentary system is established by the Constitution both at the Center and
in the States. It is known as a “Prime Ministerial Government” since the prime
minister’s position has grown so important in parliamentary systems.
6. Synthesis of Parliamentary Sovereignty & Judicial Supremacy :-
The British Parliament is linked to the theory of parliamentary sovereignty,
while the American Supreme Court is linked to the doctrine of judicial supremacy.
The Indian Supreme Court has less judicial review authority than the US Supreme
Court, much as how the Indian parliamentary system varies from the British one.
This is so that it can be contrasted with the Indian Constitution’s “procedure
established by law” and the American Constitution’s guarantee of “due process of
law” (Article 21).
7. Rule of Law :-
This axiom states that men are not infallible and that hence people are ruled
by law rather than men. The statement is essential to a democracy. The notion that
the rule of law is supreme in a democracy is more significant. The main component
of law is custom, which is nothing more than the ordinary people’s ingrained
behaviors and beliefs over a lengthy period of time. Rule of law, in the end, refers
to the supremacy of the collective knowledge of the people.
8. Integrated and Independent Judiciary :-
A single, integrated judicial system exists in India. The Indian Constitution
also establishes an independent judiciary by preventing the legislature and
government from having any influence over it. The supreme court of the legal
system is known as the Supreme Court.
The state-level High Courts are superior courts to the Supreme Court.
District courts and other lower courts fall within the high court’s hierarchy of
subordinate courts. As the highest court of appeal, the protector of people’ basic
rights, and steward of the Constitution, the Supreme Court is a federal court. As a
result, the Constitution contains a number of safeguards that guarantee its
independence.
9. Fundamental Rights :-
Six Fundamental Rights are guaranteed to all citizens of India under Part III
of the constitution. One of the key components of the Indian Constitution is the
guarantee of fundamental rights. The fundamental tenet of the Constitution is that
everyone has a right to certain freedoms as a fellow human being, and that the
exercise of those freedoms is independent of majority or minority opinion. Such
rights cannot be revoked by a majority. The purpose of the fundamental rights is to
further the notion of democratic democracy.
10. Directive Principles of State Policy :-
The Directive Principles of State Policy is a “new aspect,” in Dr. B. R.
Ambedkar’s words, of the Indian Constitution. They are listed in the Constitution’s
Part IV. For the sake of ensuring social and economic justice for our citizens, the
Directive Principles were incorporated into our Constitution.
According to Directive Principles, money will not be concentrated in the
hands of a small number of people under India’s welfare state. They are inherently
not justiciable. The Indian Constitution is established on the foundations of the
balance between the Fundamental Rights and the Directive Principles, the Supreme
Court ruled in the Minerva Mills case (1980).
11. Fundamental Duties :-
The fundamental obligations of citizens were not outlined in the original
constitution. The Swaran Singh Committee’s suggestion led to the 42nd
Amendment Act of 1976, which introduced Fundamental Duties to our
Constitution. It outlines a list of ten Fundamental Duties that all Indian people
must uphold. One more essential obligation was later added by the 86th
Constitutional Amendment Act of 2002. While the duties are expectations placed
on every citizen, the rights are offered to the people as guarantees.
12. Indian Secularism :-
India’s Constitution upholds a secular government. As a result, it does not
support a specific religion as the state’s official religion in India. The idea seeks to
create a secular state. This does not imply that the Indian government is hostile to
religion. The Indian constitution exemplifies secularism, which is the practice of
treating all religions equally or providing equal protection for all of them.
13. Universal Adult Franchise :-
One person, one vote is the foundation upon which Indian democracy is
based. Elections are open to all Indian citizens who are 18 years old or older,
regardless of caste, sex, colour, religion, or status. The mechanism of the universal
adult franchise set forth in the Indian Constitution establishes political equality in
India.
14. Single Citizenship :-
As is the case in the USA, citizens of federal states typically have dual
citizenship. There is just one citizenship in India. It implies that every Indian is a
citizen of India, regardless of where they were born or where they currently reside.
He or she may be a resident of a Constituent State like Jharkhand, Uttaranchal, or
Chhattisgarh, but they are not a citizen of that state; instead, they are a citizen of
India. All Indian citizens have equal access to employment opportunities
throughout the nation and to all of India’s rights.
15. Independent Bodies :-
The Indian Constitution establishes a number of independent entities in
addition to the legislative, executive, and judicial branches of the federal and state
governments. The Constitution views them as the cornerstones of India’s
democratic system of government.
16. Emergency Provisions :-
The authors of the Constitution anticipated that there might be circumstances
in which the government could not function as it does in normal circumstances.
The Constitution elaborates on emergency provisions to deal with such
circumstances. During a crisis, the state governments take complete control of the
federal government, which gains absolute authority.
17. Three-Tier Government :-
The Indian Constitution originally called for a dual polity and included
clauses describing the structure and authority of the Centre and the States. Later, a
third level of governance (local government), which is absent from all other
international constitutions, was added by the 73rd and 74th Constitutional
Amendment Acts (1992).
By adding a new Part IX and a new Schedule 11 to the Constitution, the 73rd
Amendment Act of 1992 gave the panchayats (rural local governments) formal
status. Similar to this, the 74th Amendment Act of 1992 provided urban local
governments (municipalities) official recognition by introducing a new Part IX-A
and Schedule 12 to the Constitution.
18. Co-operative Societies :-
The 97th Constitutional Amendment Act of 2011 granted cooperative
societies a constitutional status and provided for their protection. It gives the
Parliament the authority to create the necessary laws regarding multi-state
cooperative societies, and it gives state legislatures the authority to do the same for
other cooperative societies.