Features of the Indian Constitution

Features of the Constitution of India which make it distinctive and an unique document.

1. SHERLYN DUDEJA 12-LLB-064 BASIC FEATURES OF THE INDIAN CONSTITUTION

2. INTRODUCTION Constitution of India is the supreme law. It lays down the framework defining political principles Establishes the structure, procedures, powers and duties of government institutions Sets out fundamental rights, directive principles and duties of citizens. Its repeated criticism is that it is very little original and mostly borrowed from other constitutions Nonetheless, it has distinctive features of its own and is unique in many ways.

3. FEATURES SIZE Longest written constitution of any sovereign country It has 448 articles in 25 parts, 12 schedules, 5 appendices and has been amended 98 times (out of 120 constitution amendment bills) Very comprehensive and includes matters which are legitimately the subject matters of ordinary legislation or administrative action The Government of India act, 1935 was used as an initial working draft The size, complexities and diversity of indian situation necessitated miscellaneous provisions for certain regions

4. MODERN CONSTITUTION Since it was drafted in the mid-twentieth century, it gave an advantage to take cognizance of various constitutional processes operating in different countries Rich fund of human experience, wisdom, heritage and traditions in area of governmental process was drawn It suited the political, social and economic conditions in india Thus, it turned out to be a very interesting and unique document

5. WRITTEN CONSTITUTION It is a lengthy, elaborate and detailed written document Originally it consisted of 395 Articles arranged under 22 Parts and 8 Schedules. Now, after 98 amendments, it has 448 Articles and 12 Schedules.

6. PREAMBLE Unlike Australia, US or Canada, the Indian Constitution has an elaborate Preamble Its purpose is to clarify: who has made the constitution, what is its source, who is the ultimate sanction behind it, what is the nature of polity and what are its goals and objectives It lays emphasis on principle of equality which is basic to the Constitution

7. OUASI- FEDERAL Federalism is when all powers of governance are divided into central and state governments. Indian federalism was inspired from US, Canada and Australia yet it deviates from their federalisms in many respects establishing its own distinctiveness Article 249: Parliament can legislate on any topic of state list if its in Nation’s Interest The States depend largely on financial assistance from the Union Existence of Union Territories Appointment of Governors by President Emergency Provisions Common All India Services Thus, its Ouasi - Federal

8. PARLIAMENTARY SYSTEM India is a Republic Unlike US President, Indian President is only a nominal or constitutional head of the executive He acts only on aid and advice of the Council of Ministers Thus, following British pattern, Indian Constitution has adopted Parliamentary system of governance

9. PARLIAMENTARY SOVEREIGNITY AND JUDICIAL SUPREMACY We are governed by the rule of law and judicial review of administrative action Since powers and functions of every organ are defined and delimited by the Constitution; there is no question of any organ being Sovereign Both Parliament and Supreme Court are supreme in their respective spheres

10. ADULT FRANCHISE By Parliamentary democracy we mean ‘one man, one vote’ Indian Constitution provides for ‘Universal Adult Suffrage’ Every adult Indian without any distinction at once has equal voting rights.

11. SOCIALISM AND SECULARISM Preamble establishes the concept of Socialism and Secularism Principle of socialism is to eliminate inequality of income, status/standards of life It aims to end poverty, ignorance, disease and inequality of opportunity The policy of non- discrimination towards any religion makes India a Secular state All religions are held equally with high esteem

12. CHARTER OF FUNDAMENTAL RIGHTS They are incorporated in Part III of the Constitution It has been adopted from U.S.A. The Constitution guarantees certain basic human rights and freedoms to the people of India

13. DIRECTIVE PRINCIPLES The Directive Principles of State Policy are inspired from the Irish Precedent It’s a unique feature of our Constitution Socio-economic rights are included under this head Though they are not enforceable but are expected to guide the governance of the country

14. FUNDAMENTAL DUTIES 42 nd Amendment to the Constitution added ‘Fundamental Duties’ Inspiration is from the U.S.S.R. It lays down 11 duties for all the citizens

15. SINGLE CITIZENSHIP The founding father provided for ‘single-citizenship’ despite the federal structure Unlike US, Indian Constitution has single citizenship where all citizens are entitled to same rights all over the country

16. INDEPENDENT JUDICIARY Independent judiciary is established with powers of judicial review which strengthens the rule of law Courts are not subject to improper influence from other branches of government or from private interests Judicial independence is vital to the idea of Separation of Powers

17. CASE LAWS His Holiness Kesavananda Bharati Sripadagalvaru and Ors. V. State of Kerala and Anr . “ While the Parliament has wide powers, it did not have the powers to destroy or emasculate the basic elements or fundamental features of the Constitution ”

18. Indira Nehru Gandhi v. Raj Narain The Constitutional Bench of Supreme Court used the basic structure doctrine to strike down the 39 th Amendment and paved the way for restoration of Indian democracy

19. Golaknath vs. State of Punjab “ Every provision of the Constitution can be amended provided that the basic foundation and structure of the Constitution remains the same ”