SALIENT FEATURES OF THE INDIAN CONSTITUTION

INDIAN CONSTITUTION SALIENT FEATURES

Lengthiest Constitution of the world :

The Indian constitution is the lengthiest and detailed constitution in the world. It had taken many provisions from around the world with Government of India Act, 1935 as a parent act which was also one of the lengthy document. Looking at the diversity of the country it is necessary to draft such a long Constitution which contains special  provisions such as provisions for minority, backward classes and special statuses to some states like assam etc. Moreover India has a single constitution for union as well as state and symbolises unity. 

A secular state : 

India is a secular state means the state does not have any relegion. All the regions will be treated equally. Article 26 of the constitution provides for the right to manage one's own relegion. The Apex court in S.R. Bommai v. UOI clearly stated that 'in matters of state, relegion has no place', and aslo authoritatively held secularism as fhe bsic structure of the constitution. In another famous case of Indra Nehru Gandhi v. Raj narain, the court held that state shall not discriminate with any citizen on base of relegion. The provision for uniform civil code is also provided in Directive Principles of State Policy (DPSP) to resolve any issue arose between the different religions, though not implemented yet.

The preamble : 

The preamble of our Constitution provides for India to be socialist, secular, sovereign, democratic and republic country. Many other provisions in the preamble provided for equality, fraternity and justice to the people of India.

The honourable courts in landmark judgements defuned the terms such as democracy and socialist. In Mohan Lal Tripathi v. District Megistrate, the democracy is defined as, 'Democracy is a concept, a political philosophy an ideal which is practiced by many nations that is culturally advance and politically mature via resorting to the governance by representatives of the people elected directly or indirectly.

Similarly, in Samantha v. State of Andhra Pradesh, the term socialist is defined as the term used to lessen the inequalities in income and status and to provide equally of opportunity and facilities. 

India federalism : 

Constitution provides for the division of power between centre ans state. It also has some other features of federalism such as bicameral legislature, independent judiciary, supremacy of constitution etc. Thus, India has a federal system with unitary basis or with a strong centralising tendency. 

The parliamentary form of government : 

The India has a bicameral system of legislature. There are two houses of parliament, Rajya Sabha and Lok Sabha. In India, there are two heads; president as the nominal head and prime minister as the real head. Article 74 and 75 talks about the parliamentary system at centre and article 163 and 164 talks about the parliamentary system at state level. 

Single citizenship : 

There is a system of single citizenship being followed in India. Article 5-11 i.e. part 2 of the constitution deals with citizenship. A person is referred to as the citizen of India and not as the citizen of the state. An Indian citizen can move and reside at any part of the India (except af certain places). 

Adult suffrage : 

All the citizens of India above the age of 18 years can vote without any discrimination on basis of relegion, sex, caste etc. This right is given in article 326 of the constitution with certain exceptions of non residents, people with unsound mind and criminals indulged in illegal and corrupt practices. 

The Independent Judiciary : 

The Constitution provides for the independent and integrated judiciary. There are certain provisions in the constitution such as security of tenure, fixed service conditions etc, to prevent the judges from any kind of influence. 

Rigidity and flexibility : 

The Indian constitution can neither be said to be rigid nor flexible. It is unique blend of both rigidity and flexibility. It is not rigid as it is not very difficult to amend as 104 amendments have been done till now. Also certain procedure is tk be followed which is also not too easy, therefore it cannot be said to be flexible. 

Fundamental rights : 

Indian constitution provides Indian people with Fundamental right which are given in the part three of the constitution which are considered to be essential rights to an individual which cannot be taken away except by the procedure established by law. On arbitrary violation of one's fundamental rights, the person can directly approach to high court or supreme court.

Directive principles of state policy : 

Part IV of the Indian constitution mentions about the directive principles of state policy. These are the general guidelines or principles which the states are to apply while legislating for the people. The legislature have the duty to follow DPSP while performing their functions.

Fundamental duties : 

In 42nd amendment act 1946, fundamental duties were added to the Constitution under part IV-A of the constitution containing Article 51A specifying these fundamental duties. These fundamental duties are equally important to follow while exercising fundamental rights, although no provisions for thier enforcement is there. Supreme court in AIIMS Student Union Vs AIIMS, clearly mentions that fundamental duties are equally important as fundamental rights. 

Judicial review : 

The concept the judicial review is important to protect the Constitution of the country. This helps the supreme court in keeping check over the actions of legislature and executive. Court by using judicial review can declare the act of legislature or executive to be null and void as far as it violates the basic structure of Constitution. Article 32 and 136 provides for the judicial review by supreme court and article 226 ans 227 provides for the judicial review by high courts.

Emergency provisions : 

President of the nation has the special power to tackle with the situation of emergency to protect the sovereignty, security and unity of the country. The president in case of emergency as provided in article 352, 356 and 360, may impose emergency rule and can take all power within him.