KEY TAKEAWAYS
The 12 Salient Features of the Indian Constitution are as follows:
- Lengthiest Written Constitution
- Single Citizenship
- Fundamental Rights
- Fundamental Duties
- Directive Principles of State Policy
- Unique Blend of Flexibility & Rigidity
- Adult Suffrage
- Independent Judiciary
- Sovereign, Socialist, Secular, Democratic, Republic
- Parliamentary System of Government
- Judicial Review
- Judicial Activism
INTRODUCTION
The Indian Constitution is the grundnorm in India. All the laws in India derive authority from it. It was originally written in both Hindi and English by Prem Behari Narain Raizada in flowing italics and was decorated by the artists of Shantiniketan.
Nevertheless, its formulation was a task which was one of its kind. Various constitutions around the world were referred while its formulation. May be that is why it is also called a ‘Bag of Borrowings’. Our constitution makers picked up the best of the provisions for India from different parts of the world and molded the provisions to suit the Indian circumstances.
The Constitution of India was put together by the Constituent Assembly which took 2 years 11 months and 17 days to prepare the final draft, after several amendments. After several meetings and discussions, the Indian Constitution finally came into effect on 26th January, 1950.
SALIENT FEATURES OF THE INDIAN CONSTITUTION
1. Longest Written Constitution:
The most visible and important salient feature of the Indian constitution is that it is a unique and the lengthiest written constitution in the world. Originally, it had 395 articles, 22 parts and 8 schedules. As a result of various amendments over the passage of time, our Constitution contains 448 articles and 12 schedules at present.
Indian Constitution is a fully written document that incorporates various laws for proper management of the country. Indian constitution contains separate provisions for states and centers and their inter-relationship. The constituent assembly had borrowed various provisions from several other constitutions of the world, which made it very detailed. There are separate provisions for scheduled castes, scheduled tribes, other backward classes, children, and women.
2. Single Citizenship:
The Indian Constitution provides for single citizenship for all the citizens of India. An individual may belong to certain State or Union Territory, but that individual’s citizenship remains Indian.
Under the Constitution, everyone is a citizen of India who on the 26th Of January, 1950 had domicile in India and who
• Was born in India
• Either of whose parents was born in India
• Had been ordinarily resident in India for not less than 5 years
All those citizens are further entitled to equal freedom, rights, and protection.
This is unlike the United States, where every individual is both an American Citizen and a citizen of the State in which they reside.
3. Fundamental Rights:
The Indian Constitution provides for Fundamental Rights to the Indian citizen which 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. It is to be noted that these fundamental rights are not absolute and are subject to certain limitations that are expressly mentioned in the constitution itself.
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. No person can be compelled to follow a particular religion.
(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.
Part IVA (Article 51 A) of the Constitution describes various Fundamental Duties of each citizen. Those fundamental duties are as follows:
- To abide by the Constitution and respect its ideals and institutions; as well as, respect the National Flag and the National Anthem
- To cherish the noble ideals of the freedom struggle
- To uphold and protect the unity, sovereignty, and integrity of India
- To defend the country and render national service when called upto to do so.
- To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional, or sectional diversities; to renounce practices derogatory to the dignity of women
- To value and preserve the rich heritage of our exquisite culture
- To protect and improve the natural environment including forests, lakes, rivers, and wild life, and to have compassion for living creatures
- To develop the scientific temper, humanism, and the spirit of inquiry and reform
- To safeguard public property and to abjure violence
- To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
- To provide opportunities for education by the parent or the guardian, to his child, or a ward between the age of 6-14 years as the case may be.
5. Directive Principles of State Policy:
Part IV of the Indian Constitution deals with the ‘Directive Principles of State Policy’. This part of the Constitution mentions certain guidelines for the State with the objective of socio-economic development. All three governments of the country, Central, State, and Local are expected to frame welfare policies in accordance with this part of the Constitution. However, these policies are not enforceable in a Court of Law.
For example, some of the policies that the State is directed to make are to ensure fairer distribution of wealth, protection of women and children, old age pensions, local governments, adequate means of livelihood to people, etc.
6. Mixture of Rigidity and Flexibility:
The Constitution of India is said to be the perfect mixture of rigidity and flexibility. It is neither wholly rigid nor wholly flexible. It is because some provisions of the Constitution can be amended very easily while complex processes can only amend the others.
Article 368 of the Indian Constitution postulates that the Parliament can keep amending the constitution according to the need of the time in the future. As held by the Apex Court, every part of the constitution can be modified, except the “basic structure” of the Constitution. Any old or new law which violates the basic structure of the constitution is declared unconstitutional and invalid by the Courts.
7. Adult Suffrage: (Universal Adult Franchise)
Under Article 326 of the Indian Constitution, the elections to the House of People and the Legislative Assemblies of States should be done on the basis of adult suffrage. Which means that the citizens of India, of the age 18 years and above, have a right to vote and choose their representatives.
This part of the Constitution promotes the policy of ‘one person one vote’. In India, every individual of 18 years and above has a right to vote irrespective of their age, gender, race, colour, religion, etc.
8. India as a Democratic, Socialist, Sovereign, Secular, and Republic State:
India as a Democratic State:
India is a Democratic state means that the citizens of India have the power to elect their representatives in the government and thus, the government is responsible to the people.
India as a Socialist State:
India is a Socialist state because the 42nd Amendment of the Constitution states the achievement of socialist goals through democratic and non-violent means.
India as a Sovereign State:
Indian Constitution states that India is a Sovereign state because it is absolutely independent and it is not under the control of any other state. It manages all of its internal and external affairs freely without any external forces.
India as a Secular State:
India is a Secular state as the state has no specific religion of its own. Every citizen is free to follow, practice, and profess the religion of their choice. Moreover, the state cannot discriminate amongst its citizens on the basis of religion.
India as a Republic:
India is a Republic because it is not ruled by a heredity monarch, whereas, the head of the state (the President) is elected by the people indirectly for a fixed period of 5 years.
9. Parliamentary system of government:
Indian Constitution provides for a parliamentary form of government. President is the nominal or Constitutional head of the state. He is indirectly elected by the citizens of India for a fixed period of 5 years.
While, the Prime Minister is the real or executive head of the state and is collectively responsible for the management of the Council of Ministers. The Prime Minister and his Council of Ministers are directly elected by the Indian citizens in their respective constituencies.
The Indian judiciary is free from interference from the other organs of the government (namely, the executive and the legislature). Some facts mentioned in the Constitution that further prove the independence of the judiciary are:-
- Judges are appointed by the President,
- Judges of Supreme Court cannot be removed from office except through an extremely complex process,
- The salaries of judges are very high,
- The Supreme Court has its own staff.
11. Judicial Activism:
Through the Public Interest Litigation system (PIL) and many other ways, the judiciary has been keeping an eye on the functioning of the legislature and the executive and if the judiciary feels that there is a need for some more effective policies or laws on a certain topic of public importance, the Judiciary can suggest or make temporary laws in the favor of those topics.
12. Judicial Review:
This part of the Constitution gives the judiciary a right to review each law and further declare them as unconstitutional or invalid according to the decisions.
SOME CASE LAWS RELATING TO SALIENT FEATURES OF THE INDIAN CONSTITUTION
In the case of State of UP v. Rehmatullah[1], it was held by the Court that the Central Government is authorized for taking any actions against the people who have residing in India despite having lost Indian citizenship by acquiring foreign citizenship.
In the case of Kesavananda Bharti v. State of Kerala[2], it was held that the Fundamental Rights were a part of the basic structure of the Indian Constitution and therefore they could not be abrogated even by a constitutional amendment.
In the case of AIIMS Students Union v. AIIMS[3], it was held by the Supreme Court that the Fundamental Duties are as important as the Fundamental Rights and that they cannot be overlooked.
In the case of Olga Tellis v. Bombay Municipal Corporation[4], it was held by the Supreme Court that the Directive Principles of State Policy are fundamental in the country’s governance. Therefore, it should be given equal importance in understanding the Fundamental Rights.
In the case of Shayara Bano v. UOI[5], it was held by the Supreme Court that Judicial Review has to be exercised in line with the social values and must be supplemental to the changing of social needs.
S.R. Bommai v. Union of India- It was held that the Secularism is one of the basic features of the Indian Constitution and also mentioned that all religions are equal for the concept of Secularism.
Indira Nehru Gandhi v. Shri Raj Narain & Anr- It was held that State will not discriminate any citizen on the basis of the religion. Also, mentioned that Rule of law embodied in the Article 14 of the constitution.
Mohan Lal Tripathi v. District Magistrate- The meaning of the word "democracy" was discussed and in essence it was argued that "Democracy is a concept, a political philosophy developed by many culturally and politically mature nations through direct or indirect representation of democratically elected people."
Samantha v. State of Andhra Pradesh- “The term “socialist” is used to reduce income and status inequality and to provide equality of opportunity and amenities”.
St. Stephen’s college v. The University of Delhi- The state should provide equal legal protection to all citizens and non-citizens in the territory and no one should be denied such protection.
Chiranjit lal Chowdri v. Union of India- "There is no doubt that Article 14 provides one of the most important and fundamental guarantees in the Constitution that should not be allowed to be reduced."
Maneka Gandhi v. Union of India- the Hon’ble Supreme Court established the Rule of Law that no one can be deprived of his life and personal liberty except the procedure establish by the law under Article 21 of the Indian Constitution.
Hussainara Khatoon v. the State of Bihar- It was held that the right to the speedy trial also comes under the ambit of Article 21 of the Indian Constitution.
Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh- The court banned all the mining activities in the Mussoorie hills as it was affecting the environment and ecological balance, as it is one the fundamental duty guaranteed under Article 51 A.
Mumbai Kamgar Sabha v. Abdulbhai- If the constitutionality of the Act can be challenged then the fundamental duties under Article 51 A can also be taken into consideration.
Ram Prasad v. State of Uttar Pradesh- The fundamental duty of every citizen of India to strive towards excellence in all aspects of an individual and collective activity provided under Article 51A was discussed.
A.K. Gopalan v. the State of Madras- The law of preventive detention is subject to limited judicial review.
VARIOUS SOURCES OF THE INDIAN CONSTITUTION
The following are the features which were borrowed from different nations for the Indian Constitution:
Japan:
• Procedure Established by Law
Germany:
• Suspension of Fundamental Rights During Emergency
France:
• Concept of Republic
• Ideals of Liberty, Equality and Fraternity
South Africa:
• Election of Members of Rajya Sabha
• Amendment of Constitution
USSR:
• Fundamental Duties
• Ideal of Justice (Social, Economic and Political)
Australia:
• Concurrent List
• Joint Sitting of Two Houses
Ireland:
• Directive Principles of State Policy
• Method of Election of President
• Nomination of Members to Rajya Sabha by President
Canada:
• Federation with a Strong Centre
• Vesting of Residuary Powers with the Centre
• Appointment of Governors in States by Centre
• Supreme Court's Advisory Jurisdiction
USA:
• President's Impeachment
• Removal of Supreme Court & High Court Judges
• Fundamental Rights
• Independent Judiciary
• Judicial Review
• Functions of President & Vice-President
• Preamble of Constitution
Britain:
• Parliamentary Form of Government
• Single Citizenship
• Rule of Law
• Prerogative Writs
• Cabinet System
• Legislative Procedure
• Bicameralism
• Parliamentary Privileges
While the drafting of the Indian Constitution, some features were also borrowed from the Government of India Act, 1935. These features are the federal scheme, office of governor, judiciary, emergency provisions, public service commissions and administrative details.
CONCLUSION
The Indian Constitution took almost about three years to get drafted. It took final shape after several discussions and amendments by the learned members of the Constituent Assembly had taken place. The remarkable precision with which it was made is evident from the fact that it continues to be as effective today as it was on the day it came into effect. It is truly a living document which continues to live through changing circumstances by the way of amendments but never looses its essence.
The Indian Constitution is a beautifully written document which represents India and resonates with all the Indian citizens. Original copies of the Indian Constitution are stored safely in the library of the Parliament in helium-filled cases.
[1] AIR 1971 SC 1382.
[2] WP(C) No.135 of 1970.
[3] Appeal(C) No. 7366 of 1996.
[4] 1986 AIR 180.
[5] WP(C) No. 118 of 2016.
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