Salient Features Of Indian Constitution

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Salient Features Of The Constitution

The Indian Constitution is unique in its content and spirit. Though borrowed from almost every constitution of the world, the constitution of India has several salient features that distinguish it from the constitutions of other countries. It should be noted at the outset that a number of original features of the Constitution (as adopted in 1949) have undergone a substantial change, on account of several amendments, particularly the 7th, 42nd, 44th, 73rd and 74th Amendments.

In fact, the 42nd Amendment Act (1976) is known as Mini-Constitution due to the important and large number of changes made by it in various parle of the Constitution. However, in the Kesavananda Bharati case (1973), the Supreme Court ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure of the Constitution.

The salient features of the Constitution, as it stands today, are as follows:

  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. Integrated and Independent Judiciary
  8. Fundamental Rights
  9. Directive Principles of State Policy
  10. Fundamental Duties
  11. A Secular State
  12. Universal Adult Franchise
  13. Independent Bodies
  14. Emergency Provisions

 Lengthiest Written Constitution

The Constitution of India is the lengthiest of all the written constitutions of the world. It is a very comprehensive, elaborate and detailed document. Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules. Presently, it consists of a Preamble, about 450 Articles (divided into 24 Parts) and 12 Schedules.

The various amendments carried out since 1951 have deleted about 20 Articles and one Part (VII) and added about 70 Articles, three Parts (IVA, IXA and XIVA) and four Schedules (9, 10, 11 and 12). No other Constitution in the world has so many Articles and Schedules.Four factors have contributed to the length of our Constitution.

They are:

  • Geographical factors, that is, the vastness of the country and its diversity Historical factors, e.g., the influence of the Government of India Act of 1935, which was bulky.
  • Single Constitution for both the Centre and the states except Jammu and Kashinir.
  • The dominance of legal luminaries in the Constituent Assembly: The Constitution contains not only the fundamental principles of governance but also. detailed administrative provisions.
  • Further, those matters which in other modern democratic countries have been left to the ordinary legislation or established political conventions have also been included in the constitutional document itself in India.

Drawn From Various Sources

  1. The Constitution of India has borrowed most of its provisions from the constitutions of various other countries as well as from the Government B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’.
  2. The structural part of the Constitution is, to a large extent, derived from the Government of India Act of 1935. The philosophical part of the Constitution (the Fundamental Rights and the Directive Principles of State Policy) derive their inspiration from the American and Irish Constitutions respectively.
  3. The political part of the Constitution (the principle of Cabinet Government and the relations between the executive and the legislature) have been largely drawn from the British Constitution.
  4. The other provisions of the Constitution have been drawn from the constitutions of Canada, Australia, Germany, the USSR (Now Russia), France, South Africa, Japan, and so on. Thus many provisions of the Indian Constitution are substantially borrowed from other Constitutions.
  5. Such a large scale borrowing has led to the criticism that the Indian Constitution is a bag of borrowed materials and it has been prepared after “ransacking’ all the known Constitutions of the World,
  6. However, it must be kept in mind that while borrowing various features from different constitutions, the framers of the Indian Constitution did not lose sight of the social, political and economic conditions prevailing in the country and tried to modify the features borrowed according to the requirements of the Indian conditions.
  7. In fact, the framers of the Constitution never claimed that they had produced an entirely novel constitution.
  8. In this context, Dr. B. R. Ambedkar emphasised that modifications have been made in the scriptures borrowed from other constitutions to remove their shortcomings and accommodate them according to the requirements of the Indian conditions,
  9. As Dr Ambedkar observed. “One likes to ask whether there can be anything new in a Constitution framed at this hour in the history of the world. More than a hundred years have rolled when the first written Constitution was drafted.
  10. It has been followed by many other countries reducing their Constitutions to writing.
  11. Giver these facts, all Constitutions in their main provisions must look similar. The only new things in there be any, in a Constitution framed so late in the day are the variations made to remove the faults and to accommodate it to the needs of the country”.

Blend of Rigidity and Flexibility

Constitutions are also classified into rigid and flexible. A rigid Constitution is one that requires a special procedure for its amendment, as for example, the American Constitution. A flexible constitution, on the other hand, is one that can be amended in the same manner as the ordinary laws are made, as for example, the British Constitution.

The Constitution of India is neither rigid nor flexible but a synthesis of both. Article 368 provides for two types of amendments:

(a) Some provisions can be amended by a special majority of the Parliament, i.e., a two third majority of the members of each House present and voting, and a majority (that is, more than 50%), of the total membership of each House.

(b) Some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states. At the same time, some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner of ordinary legislative process.

Notably, these, amendments do not come under Article 368.

Independent Bodies

The Indian Constitution not only provides for the legislative, executive and judicial organs of the government (Central and state) but also establishes certain independent bodies. They are envisaged by the Constitution as the bulwarks of the democratic system of Government in India. These are:

  1. The Election Commission to ensure free and fair elections to the Parliament, the state legislatures, the office of president of India and the office of vice-president of India.
  2. The Comptroller and Auditor-General of India to audit the accounts of the Central and state governments. He acts as the guardian of the public purse and comments on the legality and propriety of government expenditure.
  3. The Union Public Service Commission to conduct examinations for recruitment to all-India services 15 and higher Central services and to advise the President on disciplinary matters.
  4. The State Public Service Commission in every state conduct examinations for recruitment to state services and advise the governor on disciplinary matters.
  5. The Constitution ensures the independence of these bodies through various provisions like the security of tenure, fixed service conditions, expenses being charged on the Consolidated Fund of India, and so on.

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