Salient Feature of Indian Constitution

The Modern State is considered to be a state for the welfare of the people. The document containing laws and rules which determine and describe the form of the government, the relationship between the citizens and the government, is called a Constitution.

A constitution is the basic fundamental law of a State. It lays down the objectives of the State which it has to achieve. It also provides for the constitutional framework that is, various structures and organs of the governments at different levels. In addition, it describes the rights and duties of the citizens. It is, therefore, considered to be the basis for the governance of the country both in terms of goals and objectives as also their structures and functions.

The salient features of the Constitution are as follows:

• Lengthiest Written Constitution
• Drawn From Various Sources
• Blend of Rigidity and Flexibility
• Federal System with Unitary Bias
• Parliamentary Form of Government
• Synthesis of Parliamentary Sovereignty and Judicial Supremacy
• Integrated and Independent Judiciary
• Fundamental Rights
• Directive Principles of State Policy
• Fundamental Duties
• A Secular State
• Universal Adult Franchise
• Single Citizenship
• Independent Bodies
• Emergency Provisions
• Three-tier Government
• Co-operative Societies

A number of original features of the Constitution which was adopted in 1949 have undergone a substantial change, on account of several amendments, particularly 7th, 42nd, 44th, 73rd, and 74th Amendments. The 42nd Amendment Act (1976) is known as ‘Mini-Constitution’ due to the important and large number of changes made by it in various parts of the Constitution.

The Supreme Court, in the Kesavananda Bharati case (1973), ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.

Elephantine Size of the Indian Constitution

It is a very comprehensive, elaborate, and detailed document. Four factors have contributed to the elephantine size of our Constitution. They are:

1. Geographical factors – The vastness of the country and its diversity.
2. Historical factors – The influence of the Government of India Act of 1935, which was bulky.
3. Single Constitution – For both the Centre and the states except Jammu and Kashmir.
4. Dominance of legal luminaries in the Constituent Assembly.

Drawn from Various Sources

1. Government of India Act of 1935: Federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions and administrative details.
2. British Constitution: Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Parliamentary privileges and Bicameralism.
3. American Constitution: Fundamental rights, independence of the judiciary, judicial review, impeachment of the president, removal of Supreme Court and high court judges, and post of vice-president.
4. Irish Constitution: Directive Principles of State Policy, the nomination of members to Rajya Sabha, and the method of election of the president.
5. Canadian Constitution: Federation with a strong Centre, vesting of residuary powers in the Centre, the appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
6. Australian Constitution: Concurrent List, freedom of trade, commerce and intercourse, and the joint sitting of the two Houses of Parliament.
7. Weimar Constitution of Germany: Suspension of Fundamental Rights during Emergency.
8. Soviet Constitution (USSR, now Russia): Fundamental duties and the idea of justice (social, economic and political) in the Preamble.
9. French Constitution: Republic and the ideals of liberty, equality, and fraternity in the Preamble.
10. South African Constitution: Procedure for amendment of the Constitution and election of members of Rajya Sabha.
11. Japanese Constitution: Procedure established by law.

Unique Blend of Rigidity & Flexibility

• A rigid Constitution requires a special procedure for its amendment, as seen in the American Constitution.
• A flexible Constitution can be amended in the same manner as ordinary laws, as seen in the British Constitution.

The Indian Constitution is a synthesis of both, with three procedures confirming its character:

1. Amendment by a special majority of the Parliament.
2. Amendment by a special majority of the Parliament and ratification by half of the total states.
3. Amendment by a simple majority of the Parliament in the manner of the ordinary legislative process.

Federalism in the Indian Constitution

The Constitution contains features of federalism such as:

• Division of powers
• Written Constitution
• Supremacy of Constitution
• Rigidity of Constitution
• Independent judiciary
• Bicameralism

However, it also has non-federal features like:

• A strong Centre
• Single Constitution
• Single citizenship
• Flexibility of Constitution
• Integrated judiciary
• Appointment of state governor by the Centre
• All-India services
• Emergency provisions

Thus, it is described variously:

• By K.C. Wheare: ‘federal in form but unitary in spirit’ and ‘quasi-federal’.
• By Granville Austin: ‘cooperative federalism’.

Parliamentary Form of Government

The Indian parliamentary system is inspired by the British system. It is based on cooperation and coordination between the legislative and executive organs. Key features include:

• Presence of nominal and real executives.
• Majority party rule.
• Collective responsibility of the executive to the legislature.
• Membership of the ministers in the legislature.
• Leadership of the prime minister or chief minister.
• Dissolution of the lower house.

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Subject: Polity

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