EATURES OF THE CONSTITUTION OF INDIA
1. A written and lengthy constitution: The Constitution of India is a single, written
document (unlike the British constitution which is not a single, written document, but is
drawn from legislation, treaties, judicial precedents, convention, and numerous other
sources). It was framed by a Constituent Assembly which was established for the purpose
in 1946. As originally adopted, it had 22 Parts, 395 Articles and 8 Schedules. A number of
amendments, passed since its enforcement in 1950, have also become a part of the
constitution. The Constitution of India is the lengthiest constitution in the world as no other
constitution contains as many articles. The constitution of USA has 7 Articles, China 138,
Japan 103, and Canada 107 Articles.
2. Single Constitution: Unlike the US which is considered as a role model of federalism,
India has a single constitution, that is, the Indian states do not have separate constitutions.
3. Sovereign, socialist, secular, democratic, republic: The Constitution declares India to be
a Sovereign, Socialist, Secular, and Democratic, Republic. The words, 'Socialist' and
'secular' were added in the Preamble of the Constitution by 42nd Amendment which was
passed in 1976.
Sovereign: Sovereign means absolutely independent; it is not under the control of any other
state.
Socialist: The Word 'Socialist' was added in the Preamble by 42nd Amendment of the
Constitution which was passed in 1976. This implies a system which will endeavor to avoid
concentration of wealth in a few hands and will assure its equitable distribution.
Secular: The word 'Secular', like Socialist, was also added in the Preamble by 42nd
Amendment of the Constitution. There is no state religion in India. Every citizen is free to
follow and practice, the religion of his/her own choice. The state cannot discriminate among
its citizens on the basis of religion.
Democratic: It means that the power of the government is vested in the hands of the people.
People exercise this power through their elected representatives who, in turn, are
responsible to them. All the citizens enjoy equal political rights.
Republic: It means that the head of the State is not a hereditary monarch but a President
who is indirectly elected by the people for a definite period
4. Unique blend of rigidity and flexibility: Whether a constitution is rigid or flexible
depends on the process of amendment. If the constitutional laws and ordinary laws are
amended separate ways, it is a rigid constitution. On the contrary, in a flexible constitution,
constitutional laws and ordinary laws are amended in the same way. Some provisions of
the Constitution of India can be amended by the Indian Parliament with simple majority.
The amendment of most provisions of the constitution requires a special majority in both
houses of the parliament. There are some other provisions of constitution which cannot be
amended by the parliament alone. In case of such provision the amending bill has first to
be approved by both houses of parliament by a special majority (with the support of two-
thirds of the members of each house present and voting). Then it has to be ratified by the
legislatures of at least half of the states of India. So, there is a balance between rigidity and
flexibility in our constitution. Some amount of flexibility was introduced into our
constitution in order to encourage its growth.
5. Patchwork, but a beautiful patchwork: The Indian Constitution is often referred to as a
patchwork. It has been inspired and derived from various sources. The best features of
various constitutions have been incorporated in our constitution.
6. Parliamentary form of democracy: Indian Constitution provides for a parliamentary form
of government. President is the nominal head of the state. In actual practice, the government
is run by the Prime Minister and other members of the Council of Minister. The Council of
Ministers is collectively responsible to the Parliament.
7. Fundamental rights and duties: The Constitution of India guarantees six fundamental
rights to every citizen. They are:
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies.
The Constitution initially did not provide for Fundamental Duties. By the 42nd
Amendment of the Constitution, ten Fundamental Duties of citizens have also been added.
Currently there are 11 Fundamental Duties.
8. Directive principles of state policy: The Directive Principles of State Policy are listed in
Part Four of the Constitution. The framers of our constitution took the idea of having such
principles from the Irish Constitution. These principles are instructions given by the
Constitution to government. All the governments-Central, State and Local-are expected to
frame their policies in accordance with these principles. The aim of these principles is to
establish a welfare state in India. They, however, are not binding on the government-they
are mere guidelines.
9. Single citizenship: In federation, normally we have double citizenship. In U.S.A. every
citizen besides being a citizen of United States of America is the citizen of the state in
which he or she resides. But the Constitution of India provides for single citizenship - every
Indian, irrespective of his place of birth or residence, is a citizen of India.
10. Universal adult franchise: The constitution provides for Universal Adult Franchise
(article 326). It means that every citizen who is 18 years of age or more is entitled to cast
his/her vote irrespective of his caste, creed, sex, religion or place of birth.
11. Affirmative action: The Constitution provides for affirmative action by the State to
improve the conditions of the weaker sections of society by providing reservations in the
legislatures and government jobs (articles 15 & 16).
12. Independent judiciary: The Indian Constitution provides for an independent judiciary.
The judiciary has been made independent of the Executive as well as the Legislature. The
judges give impartial justice.
13. Independent agencies: The Constitution provides for some Independent Agencies to
perform functions allotted to them. The important agencies are Election Commission
(article 324) Comptroller and Auditor General (article 148) Union and State Public Service
Commission (article 315) Finance Commission (article 280).
14. Emergency provisions: The framers of our constitution had realized that there could be
certain dangerous situations when government could not be run as in ordinary time. Hence
our constitution contains certain emergency provisions. During emergency the fundamental
rights of the citizens can be suspended and our government becomes a unitary one. The
Constitution makes provisions for the proclamation of National Emergency under Article
352, State Emergency under Article 356 and Financial Emergency under Article 360.
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