Salient Features Of Indian Constitution

Salient Features of Constitution of India: The Indian Constitution begins with a preamble that outlines its aims, goals, and core principles. These goals have influenced the main parts of the Constitution. Based on the country’s needs, India’s Constitution includes the best features from many major international constitutions. However, it is unique because of several important characteristics that set it apart from others. The Indian Constitution, adopted on January 26, 1950, is one of the longest and most detailed constitutions in the world. It upholds key principles like democracy, equality, and justice, and also reflects the country’s rich cultural, social, and historical diversity.

List of Salient Features of Indian Constitution

The Indian Constitution is the supreme law of the land and lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles of state policy, and the duties of citizens. Here’s the complete List of Salient Features of Constitution of India:

 

  1. Lengthiest Written Constitution
  2. Drawn from Various Sources
  3. Blend of Rigidity and Flexibility
  4. Federal System with Unitary Bias
  5. Parliamentary Form of Government
  6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
  7. Rule of Law
  8. Integrated and Independent Judiciary
  9. Fundamental Rights
  10. Directive Principles of State Policy
  11. Fundamental Duties
  12. Indian Secularism
  13. Universal Adult Franchise
  14. Single Citizenship
  15. Independent Bodies
  16. Emergency Provisions
  17. Three-tier Government

 

  1. Lengthiest Written Constitution

There are two types of constitutions: written (like the American Constitution) and unwritten (like the British Constitution). The Indian Constitution holds the title of being the world’s longest and most comprehensive constitution to date. The country’s vastness, its large size and varied landscapes make it expansive. Historically, the complicated Government of India Act, 1935, also had an impact. Moreover, there is one Constitution that covers both the central and state governments, adding to its complexity. Legal experts in the Constituent Assembly played an important role in creating this structure, and the detailed rules help manage the country effectively.

  1. 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.
  2. 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:   These 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.

  1. Fundamental Duties: 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 up 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 endeavor 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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. 
  7. Independent Judiciary: 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.
  8. 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.
  9. 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.