What are the features of Indian constitution?

Indian Constitution

Constitution is the Fundamental Law of any country which sets out the framework and the principal functions of various organs of the government. At present, the Constitution of India contains 448 Articles in 25 Parts and 12 Schedules. However, there are multiple features of the Constitution, namely Secular State, Federalism, Parliamentary Government, Fundamental Rights and many more.

The Constitution of India was enforced on January 26, 1950 which contained 395 Articles, 8 schedules and 22 parts.

It is the lengthiest written constitution of the world. At present, the Constitution contains 448 articles in 25 parts and 12 schedules.

Following are the features of the Constitution borrowed from different countries:

From U.K.

• Nominal Head – President (like Queen)
• Cabinet System of Ministers
• Post of PM
• Parliamentary Type of Govt.
• Bicameral Parliament
• Lower House more powerful
• Council of Ministers responsible to Lower House
• Speaker in Lok Sabha

From U.S.

• Written Constitution
• Executive head of state known as President and his being the Supreme Commander of the Armed Forces
• Vice-President as the ex-officio Chairman of Rajya Sabha
• Fundamental Rights
• Supreme Court
• Provision of States
• Independence of Judiciary and judicial review
• Preamble

From USSR

• Fundamental Duties
• Five year Plan

From AUSTRALIA

• Concurrent list
• Language of the preamble

From JAPAN

• Laws on which the Supreme Court functions

From WEIMAR CONSTITUION OF GERMANY

• Suspension of Fundamental Rights during the emergency

From CANADA

• Scheme of federation with a strong centre
• Distribution of powers between centre and the states
• And placing residuary powers with the centre

From IRELAND

• Concept of Directive Principles of States Policy (Ireland borrowed it from SPAIN)
• Method of election of President
• Nomination of members in the Rajya Sabha by the President

Features of the Indian Constitution:

Longest Written Constitution:

Indian Constitution is a fully written document which incorporates various laws for proper management of the country. Indian constitution contains separate provisions for states and center and their inter-relationship. The constituent assembly had borrowed various provisions from several other constitutions of the world.

Single Citizenship:

Constitution of India provides for single citizenship to every individual in the country. No state in India can discriminate against an individual of another state. Moreover, in India, an individual has the right to move to any part of the country or live anywhere in the territory of India except certain places.

Fundamental Rights:

The fundamental rights of an Indian citizen are guaranteed under Part IIIC (Articles 12-35). It is also called the ‘Indian Bill of Rights’. After the 44th Amendment Act 1979, there are presently six fundamental rights in our constitution.

The six fundamental rights are as follows:

(i) Right to Equality

This fundamental right provides for equality before law and equality of opportunity. It also ends discrimination and abolishes untouchability and titles.

(ii) Right to Freedom

This fundamental right further includes six kinds of freedoms.  These are:- Freedom of speech and expression, Freedom to assemble peacefully without arms, Freedom to form associations, Freedom to move freely in India, Freedom to reside in any part of India, Freedom of adopting any profession, trade, or occupation.

(iii) Right to freedom of Religion

This fundamental rights, grants an individual, a right to believe, profess, or worship any religion. The State does not have a common religion. It also guarantees the right to establish and maintain any religious institution.

(iv) Cultural and Educational Rights

This fundamental right guarantees all the minorities a right to maintain, develop, and further teach their language and culture. It also provides them a right to establish, maintain and administer their own educational institutions.

(v) Right against Exploitation

This fundamental right prohibits forced labour, child labour, and human trafficking. It ensures protection to individuals against various human atrocities.

(vi) Right to Constitutional Remedies (Article 32)

This fundamental right is the heart and soul of all of the fundamental rights. It ensures effective enforcement of all the other fundamental rights and protection from violation of these rights. Under this article, the Supreme Court and Hight Court have to power to issue writs for enforcement of these rights.

Secular State:

The term secular state means that all the religions present in India get equal protection and support from the state. In addition; it provides equal treatment to all religions by the government and equal opportunities for all religions.

Fundamental Duties:

These were added to the Constitution by 42nd Constitutional Amendment Act (1976). A new Part IV-A was created for the purpose and 10 duties were incorporated under Article 51-A. The provision reminds the citizens that while enjoying rights, they should also perform their duties.

Federalism in India:

The Constitution of India provides for division of power between the Union and the State governments. It also fulfills some other features of the federalism such as the rigidity of the constitution, written constitution, bicameral legislature, independent judiciary and supremacy of the constitution. Thus, India has a Federal System with unitary bias.

Parliamentary Form of Government:

India has a Parliamentary Form of Government. India has a Bicameral Legislature with two houses named Lok Sabha and Rajya Sabha. In Parliamentary Form of Government; there is no clear cut separation of powers of Legislative and Executive organs. In India; the head of the government is Prime Minister.

Directive Principles of State Policy:

Part IV (Articles 36 to 50) of the Constitution mentions the Directive Principles of State Policy. These are non-justifiable in nature and are broadly classified into Socialistic, Gandhian, and Liberal-intellectual. 

Universal Adult Franchise:

In India, every citizen who is above the age of 18 years has right to vote without any discrimination on the ground of caste, race, religion, sex, literacy etc. Universal adult franchise removes social inequalities and maintains the principle of political equality to all the citizens.

Integrated and Independent Judiciary:

The Constitution of India provides for an integrated and independent judicial system. The Supreme Court is the highest court of India with authority over all the other courts in India followed by high courts, district courts, and lower courts. To protect the Judiciary from any influence, the Constitution has laid down certain provisions such as Security of Tenure and Fixed Service Conditions for judges etc.

Rigidity and Flexibility:

The Constitution of India is neither rigid nor flexible. A Rigid Constitution means that the special procedures are required for its amendments whereas a Flexible Constitution is one in which the constitution can be amended easily.