The Indian Constitution, one of the world’s most extensive legal documents, serves as the supreme law of the nation, delineating the fundamental principles of governance and the rights and obligations of its citizens.
Some of the key features of the Indian Constitution are:
- Flexibility and Rigidity: The Constitution combines both flexibility and rigidity. While certain parts in the constitution can be amended with a simple majority in the parliament, others require a special majority of Parliament or a special majority with ratification by state legislatures. Privileges of the Parliament, its members, and its committees can be amended by a simple majority, while the 42nd Amendment Act, which added “socialist”, “secular” and “integrity” to the Preamble of the Constitution required a special majority. The 101st Amendment Act which brought in the Goods and Services Tax (GST) was passed by a special majority and ratification by the states.
- Federal Structure with a Unitary Bias: The Constitution establishes a federal system that allocates powers and functions between the central and state governments. However, the unitary bias is to provide for a greater degree of authority to the central government in some of these matters.
- Parliamentary Form of Government: India follows a parliamentary model featuring a bicameral legislature at the national level (Lok Sabha and Rajya Sabha) and either a unicameral or bicameral legislature at the state level. The executive is responsible for and emerges from the legislature.
- Parliamentary Sovereignty and Judicial Supremacy: The Constitution vests supreme power in Parliament, subject to the basic structure of the Constitution. The judiciary, led by the Supreme Court and High Courts, possesses the authority of judicial review of the legislation.
Drafting Committee of Constituent Assembly | Image Credit: Wikimedia Commons
- Rule of Law: The Constitution guarantees equality before the law and equal protection to all individuals. It ensures that no person can be deprived of life, liberty, or property without due legal process.
- Integrated and Independent Judiciary: India’s legal system is unified, with the Supreme Court as its apex body. The Constitution safeguards the independence of judges, shielding them from executive and legislative influence.
- Fundamental Rights: It guarantees six fundamental rights to all citizens, encompassing the right to equality, freedom, protection against exploitation, religious freedom, cultural and educational rights, and access to constitutional remedies. They are further interpreted by the Supreme Court to provide more rights to the citizens.
- Directive Principles of State Policy: The Constitution outlines guidelines for state policies pertaining to social welfare, economic development, environmental protection, and more.
- Fundamental Duties: It imposes moral obligations on citizens to respect the Constitution, and national symbols, promote harmony, safeguard public property, and preserve the environment. These are not enforceable by law but are advisory in nature. They were later added to the Constitution through the 42nd Constitutional Amendment Act, 1976.
- Secularism: The Constitution remains neutral in matters of religion, granting equal respect to all faiths and allowing individuals the freedom to profess, practice, and propagate their chosen religion.
- Universal Adult Franchise: Every citizen above 18 years has the right to vote in elections without discrimination based on factors like caste, race, or gender.
- Single Citizenship: India maintains a single, unified citizenship for the entire nation, distinguishing it from countries with dual citizenship.
- Independent Bodies: The Constitution establishes various constitutional institutions to fulfill specific roles, including the Election Commission, Comptroller and Auditor General, and Union Public Service Commission.
- Emergency Provisions: It authorises the President to declare three types of emergencies—national, state, and financial—under specific circumstances, safeguarding the nation’s integrity, constitutional machinery, and financial stability.
- Three-Tier Government: The Constitution recognizes three governance levels: central, state, and local governments, catering to the needs of urban and rural areas. The legal power to the local bodies was later added through amendments.
- Co-operative Societies: The Indian Constitution extends constitutional status and protection to co-operative societies, promoting their establishment and operation.
These attributes collectively define the Indian Constitution, a complex and inclusive legal framework that reflects the values and principles of the nation.
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