Key Features of the Indian Constitution

The Indian Constitution, widely acclaimed worldwide, emerged after a thorough examination of existing constitutions globally. Despite drawing inspiration from various sources, the Indian Constitution possesses distinctive features that set it apart from those of other nations. Here are some salient features:

  1. Lengthiest Written Constitution:
    • India’s constitution is a comprehensive, detailed document and holds the distinction of being the longest-written constitution globally. This characteristic is attributed to geographical factors, historical influences, and the need for a single constitution for both the center and the states.
  2. Drawn from Various Sources:
    • Borrowing provisions from different countries and the Government of India Act, 1935, the Indian Constitution adapts its features to suit Indian conditions. For instance, though the cabinet form of governance is borrowed from the UK, it is not all-supreme as in the UK.
  3. Preamble of the Constitution:
    • The Preamble encapsulates the ideals, objectives, and basic principles of the Constitution, asserting India as a Sovereign Socialist Secular Democratic Republic committed to justice, liberty, equality, fraternity, and the unity and integrity of the nation.
  4. Democratic System:
    • The authority of the government is derived from the sovereignty of the people, who enjoy equal political rights. Free, fair, and regular elections are conducted for electing governments.
  5. India as a Republic:
    • The Constitution declares India as a Republic, with an elected head of state (President) serving a fixed term, elected indirectly by the people every five years.
  6. Union of States:
    • Article I declares India as a “Union of States,” reflecting the federal structure of government.
  7. Fundamental Rights and Duties:
    • The Constitution guarantees Fundamental Rights, justiciable and not absolute, with a new addition of fundamental duties through the 42nd Amendment in 1976.
  8. Directive Principles of State Policy:
    • A unique feature, these principles provide directives to the government for maintaining social and economic democracy.
  9. Parliamentary System:
    • India adopted a parliamentary form of government, with a clear distinction between nominal and real executive heads.
  10. Federal Structure of Government:
    • Envisaging a federal structure due to geographical diversity, India is often described as a ‘Quasi-Federation‘ or a federation with a unitary bias.
  11. Universal Adult Franchise:
    • All adult citizens above 18 years have an equal right to vote, ensuring universal adult franchise.
  12. Single Integrated State with Single Citizenship:
    • India is a single, independent, and sovereign integrated state with uniform citizenship and equal rights for all.
  13. Integrated Judicial System:
    • A single integrated judicial system operates with the Supreme Court at the apex level, ensuring independence and effectiveness.
  14. Amending the Constitution:
    • The procedure for amending the Constitution, outlined in Article 368, safeguards the sanctity of the Constitution.
  15. Judicial Review and Basic Structure Doctrine:
    • The judiciary, independent of the legislature and executive, exercises judicial review. The Basic Structure Doctrine asserts certain unalterable features of the Constitution.
  16. Secularism:
    • India guarantees complete freedom of religion, with citizens free to follow any faith, promoting equality and cultural rights for minorities.
  17. Independent Bodies:
    • Various independent bodies, such as the Election Commission and CAG, are established with secure tenures to ensure constitutional provisions’ enforcement.
  18. Emergency Provisions:
    • The Constitution includes elaborate provisions to address challenges threatening the country’s security and unity.
  19. Three-Tier Government:
    • The 73rd and 74th Amendment Acts introduced rural and urban local bodies as an additional constitutional tier, realizing Mahatma Gandhi’s vision of self-functioning villages.
Topic No.Topic Name
Topic 1Borrowed from Various Sources
Topic 2Preamble and Core Values of the Indian constitution
Topic 3Lengthiest Written Constitution
Topic 4Blend of Flexibility and Rigidity
Topic 5Integrated Judicial System
Topic 6Judicial Review
Topic 7Fundamental Rights
Topic 8Directive Principles of State Policy
Topic 9Universal Adult Franchise
Topic 10Emergency Provisions
Topic 11Procedure established by Law and Due Process of Law
Topic 12Synthesis of Parliamentary Sovereignty & Judicial Supremacy

Criticism

Critics argue that the Indian constitution is overly long, complex, and contains irrelevant parts. According to Sir Ivor Jennings, a British Constitutionalist, the provisions are largely borrowed from other countries’ constitutions, and constructive criticism was prevalent during the constituent assembly’s deliberations.

  1. Lack of Representative Body:
    • Critics contend that the Indian constitution lacks a representative body, as members are not directly elected through universal adult franchise.
  2. Non-Sovereign Constituent Assembly:
    • It is argued that the constituent assembly is not a sovereign body, created in response to proposals from the British Government rather than being a self-determining entity.
  3. Religious Dominance:
    • Critics highlight concerns about religious dominance, with some asserting that the Hindus dominate the constitution. Winston Churchill and Lord Viscount Simon expressed reservations about its representation.
  4. Political Party Dominance:
    • The dominance of the Congress party in the constituent assembly is criticized, with Granville Austin labeling it a party body in a one-party country.
  5. Borrowed Constitution:
    • Critics argue that the Indian constitution lacks originality and is a “bag of borrowings,” resembling a carbon copy of the Government of India Act, 1935. The borrowing is seen as excessive and unwarranted.
  6. Anti-Indian Nature:
    • Some critics view the constitution as anti-Indian, claiming it does not reflect India’s spirit and political traditions. It is deemed unsuitable for Indian conditions and accused of being a slavish imitation of the West.
  7. Excessive Length and Complexity:
    • The Indian constitution’s size, consisting of 145,000 words and 395 articles, is criticized as overly long and complicated. Sir Ivor Jennings specifically points out that borrowed provisions were not well-selected, contributing to unnecessary complexity.
  8. Un-Gandhian Constitution:
    • Critics argue that the constitution lacks the principles of Mahatma Gandhi and is considered un-Gandhian. They suggest that it should be based on district panchayats and villages, in line with Gandhi’s vision.
  9. Legalistic Nature:
    • The constitution is criticized for being too legalistic, using complex legal terminology and phraseology. Critics, including Sir Ivor Jennings, describe it as a “lawyer’s paradise,” making it challenging for the general public to understand.
  10. Dominance of Lawyers and Politicians:
    • Critics express concern that lawyers and politicians dominated the constituent assembly, leading to an imbalance in representation. Social aspects, they argue, are not adequately reflected, contributing to the document’s volume and language complications.

FAQs:

  1. What makes the Indian Constitution unique globally, and why is it considered the longest written constitution?
    • Answer: The Indian Constitution is distinguished as the world’s longest written constitution due to its comprehensive nature, incorporating historical influences, geographical factors, and the need for a single constitution for both the center and states.
  2. What are the key features of the Preamble of the Indian Constitution, and how does it encapsulate the principles of the Constitution?
    • Answer: The Preamble declares India as a Sovereign Socialist Secular Democratic Republic committed to justice, liberty, equality, fraternity, and the unity and integrity of the nation. It serves as a concise summary of the Constitution’s ideals and objectives.
  3. How does the Indian Constitution establish a democratic system, and what are the key democratic principles highlighted?
    • Answer: The authority of the Indian government is derived from the sovereignty of the people, who enjoy equal political rights. Free, fair, and regular elections are conducted for electing governments, ensuring democratic governance.
  4. What is the significance of the Republic status of India in the Constitution, and how is the head of state elected?
    • Answer: The Constitution declares India as a Republic, meaning it has an elected head of state (President) who serves a fixed term and is elected indirectly by the people every five years.
  5. How does the Indian Constitution address the federal structure of government, and why is India often described as a ‘Quasi-Federation’?
    • Answer: Article I declares India as a “Union of States,” reflecting the federal structure. Due to geographical diversity, India is described as a ‘Quasi-Federation’ or a federation with a unitary bias.
  6. What are the fundamental rights and duties guaranteed by the Indian Constitution, and when were fundamental duties added?
    • Answer: The Constitution guarantees Fundamental Rights, justiciable and not absolute, with fundamental duties added through the 42nd Amendment in 1976.
  7. What role do Directive Principles of State Policy play in the Indian Constitution, and how do they contribute to social and economic democracy
    • Answer: Directive Principles of State Policy provide directives to the government for maintaining social and economic democracy, emphasizing the state’s role in ensuring justice and equality.
  8. How does the Indian Constitution ensure universal adult franchise, and what is its significance in the democratic process?
    • Answer: All adult citizens above 18 years have an equal right to vote, ensuring universal adult franchise and promoting inclusive participation in the democratic process.
  9. What are the emergency provisions in the Indian Constitution, and how do they address challenges to the country’s security and unity?
    • Answer: The Indian Constitution includes elaborate emergency provisions to address challenges threatening the country’s security and unity, providing a legal framework for handling crises.
  10. How does the Indian Constitution balance flexibility and rigidity, and what is the significance of the Basic Structure Doctrine in judicial review
    • Answer: The Constitution balances flexibility and rigidity, allowing amendments through Article 368. The Basic Structure Doctrine asserts certain unalterable features, maintaining the Constitution’s sanctity.
  11. What criticisms have been raised against the Indian Constitution, and how have critics argued against its content, length, and representation
    • Answer: Critics have argued against the length, complexity, lack of originality, legalistic nature, and alleged non-representative aspects of the Indian Constitution, questioning its relevance and authenticity.

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