The basic features of Indian constitution are mentioned below;
1. Written constitution– Like most of the modern democracies United States of America, Britain, Australia, France, China, Germany, India too has a written constitution. It is true that Britain does not have an unwritten constitution, but it does not mean that it does not have any written documents. Since the Magnacarta of 1215, Britain is ruled by several charter, statutes, acts, rules and regulations that are enacted by its parliament from time-to-time. The founding fathers have provided a written document that remains an important political encyclopaedia for the country.
2. The longest constitution– The country of India is known for its longest constitution as it the founding fathers have tried provided a detailed document that touched all aspects of the country’s governmental system. While the constitution of United States has the hortest constitution having only seven articles. The constitution of China has only 138 articles, the Canadian constitution has 11 parts and 147 sections the constitution of India, however, has originally 395 articles and it is also important to note that the structure of the constitution has been expanding through various amendments. There are a host of reasons that prompted the framers to write a lengthy constitution. (i) pluralist character and multiculturalism of Indian states is responsible for the big constitution. The people of different languages castes religions ethnics live in India. (ii) The enormity of the country has largely contributed in making it the largest constitution in the world. (iii) India is a large country with an agrarian economy. At time of independence, large number of people was suffering from poverty, mal-nutrition and illiteracy which might have led the architects to ventilate those problems within the constitutional parameters. (iv) Although the directive principles are not enforceable by the court of law, but these are indispensable for the centre and the units to implement to win elections and trust of the people. Over the years, the governments launched myriad socio-economic programmes to improve the conditions of people. (v) In 1947, India had a number of princely states. The country had to accommodate their interests. (vi) The constitution makers thought India to remain a mixed economy where both public and private sectors to exist. For instance, besides allowing big-industrial houses to carry out business activities, the government launched Five-Hear Plan in 1951-52, and Indira Gandhi government nationalised fourteen banks in 1969 which were largely functioning in private hands. Perhaps, these were nationalised by Indira Gandhi by keeping the socialist spirit in mind. (vii) North-Eastern Agency (NEFA), of the country was a disturbed region even before independence in the British regime. It is consisted of tribal population of different ethnics. This region composed of Assam, Tripura, Mizoram and Meghalaya were exclusively dealt by schedule-VI. This was being governed by BritishBengal Frontier regulation act of 1873. That’s why, VI schedule was added in article 244 and article 275. For other tribal regions, schedule V was included in the constitution. (viii) India is a country of diverse languages spoken by different regions. While North Indian people speak Hindi, Punjabi, Western Indian people use Gujurati and Marathi, the South Indian people speak Telugu, Tamil, Kanada and Kerala people use Malayalam, the Eastern Indian people speak Odiya and Bengali. It was necessary for the constitution makers to provide necessary claws to address the dilemma of the people that are likely to arise in future. The schedule-VIII was added for the aforesaid reason.
3. Sovereign-Democratic-Republic– India is sovereign in the sense that the power rests with the people and they are supreme. Even though constitution was not put to vote, the first general elections of 1951-52 the people did not reject the constituent assembly and voted for the Indian National Congress Party to power. Nevertheless, this party had played vital role in making the constitution. In every five years, people vote for the Lok Sabha and state Assemblies. The political parties adopt all means to woo the voters. If the government of the day loses the majority in the legislature, the government resigns The mid-term pool is declared to conduct fresh elections. Furthermore, the constitution of India is democratic because the government is made for the people by the people. The initial words of the preamble states “We the People of India” that strictly makes it clear the people are supreme. It is explicitly clear that constitution derives its power from the people. In the end of the preamble it mentions gives and adopt enact on the 26th November 1949 the date on which the constitution was completed and adopted. India is also a republic where head of the country is elected whereas the head of some countries like Britain is hereditary one.
4. Secular character of the state–The British-India got divided on the basis of religion India and Pakistan. Although Pakistan declared itself an Islamic state, Indian stalwarts wished India to remain a secular country consists of many religions viz. Hindus, Islam, Christianity, Sikhs, Buddha’s, Jains, Parsi. In the original constitution, the secular character of constitution is reflected from article 25-to-article 28. India permits people of all religions to practise, propagate and profess religion of their choice. Although initially, India did not mention the term secular in its preamble, in 42nd amendment act the term secular was added in preamble. India allows all the people to carry procession in the festivals of their choice. The central or the state governments do not make any discrimination on the basis of religions. The awards, titles, prizes are not awarded in religious line.
5. Socialist state–The word socialist was not found place in the original constitution of 1950, but socio-economic principles were made part of chapter IV of the Indian constitution. Indeed, the framers realised the democracy is meaningless without improving the conditions of the poor and the weaker sections. That’s why, the realising the significance of Indira Gandhi government added the term socialist in the preamble of the constitution through 42nd amendment act of 1976.
6. Supremacy of Constitution–The constitution of Indian is supreme in the sense that it has made clear in various cases interpreted by the Supreme Court from time-to-time. The Keshavananda Bharti case resolved the issue once and for all. While the court recognised the amending power of constitution, it also cautioned the union parliament that like Britain, Indian parliament is not supreme parliament has to work within the parameters of the constitution.
7. Compromise between parliamentary supremacy and judicial review–After constitution came into force on 26th January 1949, constitution has been amended many times. When it affected the interest of the landlords, big industrial houses, they challenged those cases in the Supreme Court. In Shankari Prasad vs Union of India and Shajjan Singh vs Rajasthan case, the court recognised the unlimited power of the amending power of the parliament in the Golaknath case of 1967, the court tried to strike a balance between parliament and judiciary, a larger bench heard Keshavananda Bharti case in 1973. The court in its majority decision put several restrictions on the parliament and pronounced the basic structure. Even the amending power of parliament is limited under article-368 of the constitution of India. Now it is clear that in India, neither parliament is supreme nor the judiciary. While the parliament can discuss about judges only if case of impeachment is debated, then at the same time, the Supreme Court has the right to review all the previous and existing acts whether they are in accordance with the constitution.
8. The federal in form but unitary in spirit–Like the countries of Canada, Australia, Germany, United States of America, the framers have provided a constitution for India. Although Indian constitution resembles to the Canadian federation in several respects, it has borrowed from other federations like Australia and United States. In India there is dual sets of governments. In the power is divided between centre and the states. Again, in order to have harmonious relations between centre and the states, in VII schedule the power is divided by giving three lists like central, state and conquerent. The supremacy of constitution, independence of judiciary, written constitution, division of power are essentially federal characteristics have also been adopted by Indian constitution. As India has emerged as an independent nation from a peculiar situation and British yoke as well, the founding fathers have given a constitution with strong unitary features. Single citizenship, single judiciary, Indian Administrative Service (IAS) and Indian Police Service (IPS), for which examinations conducted by the central government but these personnel are deployed in the states. The President rule in the time of extraordinary situation in the states has been used by the centre against the states was a recurring phenomenon during the heyday of Congress rule and even Janata government dismissed nine state governments during its brief tenure of two and half years from 1977-to-1980. Here an important fact is to be noted that while the constitutional body like the central Finance Commission sees the allocation of resources and taxation between centre and the states which constitutes only 30 per cent of the total resources, The Planning Commission or the NITI Ayog an extra-constitutional body is appointed by the Central government which allocates resources between the centre and the states. The NITI Ayog takes care of atleast 70 per cent of country’s resource.
9. Fundamental rights–The citizens of Britain, were granted rights under the bill of rights in 1689. The US granted the rights to its citizens in initial 10 amendments through bill of rights. In India the constitution makers gave rights to the Indian citizens. These rights are described as fundamental as the violation of those rights can be challenged in the court of law. There are were originally seven rights in the chapter-III of Indian constitution covering from article 12-to-35 like right to equality, right to freedom, right against exploitation, right to freedom of religion, right to education and culture, right to property and right to constitutional remedy. Out of this, in the 44th amendment act, right-to-property has taken away and put in 300(A). These rights are fundamental in the sense that any violation of those rights by the governmental institutions and any institutions can be challenged in the Supreme Court and state High courts. There are many positive rights that do not make any discrimination between Indian and the foreign citizens. Since the adoption of the constitution, it has been amended several times to include certain rights like right to elementary education which has been included in Right to Life. The Supreme Court and Indian Parliament have also expanded this citizen’s charter by interpreting and enacting several acts and laws from time-to-time. In Keshavananda Bharti case Supreme Court made it clear that the Fundamental Rights can be amended but cannot be abridged, contravened or taken away in any circumstances. Now the fundamental rights are the part of basic structure of the constitution.
10. Directive principles of state policy–In matters of including Directive principles of State Policy (DPSP), the constitution stalwarts were influenced by Irish Republic. (DPSP), has been placed in the chapter-IV of the Indian constitution. If the fundamental rights are the part of political democracy, the directive principles are in form of socioeconomic rights that are quite necessary for the upliftment of the poor and downtrodden. It is the true that these rights are not enforceable by the courts, but these are fundamental in the governance of the country. The Minerbha Mills case of 1980 and Asoka Kumar Thakur vs Union of India 2008, the Supreme Court held that the Fundamental Rights and Directive Principles are not contradictory rather they are complimentary and supplementary to each other.
11. Fundamental duties–Despite the fact that fundamental duties were not the part of original constitution. Indian National Congress led by Indira Gandhi, appointed a committee under the chairmanship of Swaran Singh that submitted its report for including fundamental duties in the chapter-IV just after Directive principles of state policy these were added in article 51(A) of 42nd amendment act of Indian constitution in 1976. The government was inspired by constitution of USSR in this matter. These duties cannot be imposed by the courts. Meanwhile, these duties are important for the citizens of the country as rights and duties go hand in hand, through the various acts some duties have been made compulsory for the Indian citizens. For example, to respect national anthem, national flag, and the Indian constitution, protecting wildlife and forest are some obligations that are to be observed by the all the citizens of the country.
12. Local Self-government–Mahatma Gandhi the father of India had dreamt of empowering the rural India through decentralisation. Article-40 of Indian constitution clearly talks about local self-government. The 73rd and 74th amendment acts of 1992 created three-tiered local government in at rural and urban areas which aimed at decentralisation of power and involving people in decision-making process. The participation of people at grass-route level and election of 3.2 million representatives is instrumental in empowering people at bottom and strengthening democracy in India. This is perhaps the largest local-self-government in the world.
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