Nature Of The Indian Constitution

The Nature of the Indian Constitution reflects its unique blend of federal and unitary features, embodying flexibility and rigidity. It ensures democracy through parliamentary governance, safeguards fundamental rights, and upholds the doctrine of separation of powers. As a living document, the Constitution adapts to societal needs via amendments, ensuring progressive governance. This post explores its key characteristics, including the supremacy of the Constitution, the importance of judicial review, and the guiding principles laid out in the Preamble.

Purpose Of The Indian Constitution

The whole purpose of the Indian Constitution was to lay down a scheme of Governance that would provide Justice, Liberty, Equality, and Fraternity to all Citizens. It Aims at a democratic Republic with the Rule of Law and Protection of Fundamental Rights. The Constitution also aspires to the well-being of its Citizens Socially and Economically through Directive Principles of State Policy, which are Guidelines for the Government in Framing Laws and Policies in the interest of its people. While Adopting the features of Federal and Unitary, the Constitution has Struck a balance for a Strong Central Government together with Respect for the Autonomy of the States to keep Up Unity and Integrity in the Nation.

Living Document

The Indian Constitution is considered to be a Living Document due to the Following Reasons: 

• Amendments: The Constitution has been amended many times to take care of emerging issues and refine its provisions. It ensures relevance and effectiveness in governing a dynamic and diverse nation.
• Judicial Interpretations: The Judiciary, especially the Supreme Court, has played a very significant role in interpreting the Constitution. Landmark Judgments have Expanded the Scope of Fundamental Fights. This has further Provided Clarity with respect to the Applicability of Constitutional Principles so that the Constitution Remains as strong a Gauge for Governance as it Ought to be.

Significance Of The Indian Constitution

The Indian Constitution is the Bedrock of Indian Democracy. It is the most Crucial Factor in Maintaining :

• Democracy: The Constitution has Outlined a Scheme for a Democratic Government, where the source of all powers is Original with the People by means of Free and Fair Elections.
• Justice: The Constitution Guarantees the Features of Justice- Social, Economic, and Political. These provide a Mechanism for the Protection of Individual Rights and Redressal of Grievances, thereby Ensuring that there is Justice for all.
• Equality: The Constitution has Ensured Equality before the Law and Prohibits Discrimination on Multiple Bases. It aims to make Society an inclusive place for all people to have an Equal Opportunity to Prosper.

In Other Words, the Constitution of India is much more than a Legal Act. It is a Hallowed Entrustment of Morals and ideals left to the people of India. It has stood as a Guiding lighthouse to this Nation in order that Democracy, Justice, Equality, the Rights of its Subjects, and Freedom of all kinds are Preserved, Maintained, and Protected.

Federal vs. Unitary Features Of The Indian Constitution

Federal Characteristics

The Indian Constitution Encompasses the following Federal Characteristics: 

• Division of Powers: The Indian Constitution has Divided Powers between the Central Government and State Governments by placing three lists in the Seventh Schedule of the Constitution. These lists are Namely the Union List, the State List, and the Concurrent List. This Separates both levels of Government within their Boundaries.
• Written Constitution: The Constitution of India has been provided with an inclusive Written Document Comprising the Structure, Powers, and Functions of Different Organs of Government. This Written Character gives Clarity and Stability to the Federal Structure.
• Supremacy Of The Constitution: The Constitution is the Highest Law of the Land. No law passed by either the Central Government or the States can have any Contradiction to it. The Judiciary Possesses Enabling Provisions to Review and invalidate such Laws that Infringe on Constitutional Provisions.

Unitary Characteristics

The Indian Constitution Encompasses the following Federal Characteristics:

• Strong Central Government: The Indian Constitution has Adequate Provisions under it to give Extensive Powers to the Centre inspite of having a federal character. For instance, the Centre can legislate a law on an item from the Concurrent List, in Case of Conflict with the State Laws.
• Power To Override State Laws: The Central Government has the Power to Override State Laws under Certain Conditions. This means that, in Any Condition of a National Emergency, the Central Government can take Superior hands over the States' Matters. Simply put, this is what is meant by Centralization.
• Emergency Provisions: The Constitution Contains Provisions for the Declaration of Emergencies (National, State, and Financial Emergencies). In such times, the Central Government can Assume Wide-Ranging Powers, including the Power to instruct State Governments and Change the Allocation of Financial Resources.

These Features are Representative of the Peculiar Amalgam of Federal and Unitary Elements in the Indian Constitution. This enables it to Wear different looks to meet different situations and yet strike a balance between Central Authority and State Autonomy.

Also Read : Emergency Provisions In The Indian Constitution

Supremacy Of The Indian Constitution

Supreme Law Of The Land

Being the Supreme Law, the Constitution Supersedes every other Law in Force in the Nation. Due to this Supremacy, No law can be passed either by the Centre or States that can go against the Constitution. If any Law so passed is Found to be inconsistent with the Constitution, the Judiciary will declare it as Null and Void. After all, it is the Principle of Constitutional Supremacy that Underlies the Rule of Law in keeping all Actions of Government within the Constitutional Limits.

Judicial Review

The Courts, especially the Supreme Court and High Courts, are to interpret this Constitution as to whether any Law or Executive Action Infringes the provisions of the Constitution or Not. Judicial Review Allows the Courts to Review the Constitutionality of Acts of Parliament and Orders issued by the Executive. If a Law or Any Action taken or Ordered is in Violation of the Constitution, the Judiciary is Authorised to render that law as Unconstitutional. In this way, this Mechanism Checks the Powers of the Legislature and the Executive. Additionally, it protects the Rights of the Citizens, thus Maintaining the balance of power amongst the different branches of the Government.

Flexibility vs. Rigidity Feature Of The Indian Constitution

Amendment Procedure Of The Indian Constitution

The Constitution of India is both Flexible and Rigid. It permits changes in the Constitution to Meet New Challenges and Situations, and yet Upholding Vital Principles. The Concept for Amendment of the Constitution is laid down in Article 368 of the Constitution. These Amendments are to be done According to Procedures that are followed, step by step:

• Introduction of the Bill: An Amendment bill may be introduced in either House of Parliament either in Lok Sabha or in Rajya Sabha. It may be Introduced by a Minister or by a Private Member and does not require prior permission of the President.
• Special Majority: This means that the Bill should Get a Majority of the total membership of the House and Two-Thirds of the Members Present and Voting in Each House.
• State Ratification: If the Amendment deals with Federal Provisions - for instance when it involves altering the distribution of powers between the Union and the States, then it also needs to be ratified by at least half of the State Legislatures through an Absolute majority vote.
• Presidential Assent: After having been passed by both Houses and Ratified by the States, if required, the bill is presented to the President for his Assent. When the President gives his Assent, the Bill Assumes the Shape of An Amendment to the Constitution.

The Procedure thus Strikes a balance between Flexibility and Rigidity. The Special Majority and, in Certain Cases, the Requirement of State Ratification checks any hasty or Arbitrary Change, yet Permits change whenever necessary.

Significant Amendments In The Indian Constitution

The following amendments have shaped the Indian Constitution over the years: 

• The Constitution (First Amendment) Act, 1951: It added the Ninth Schedule to Protect Certain Laws from Judicial Review; Amended the Freedom of Speech and Expression, and Empowered the State to make Special Provisions for the Advancement of Socially and Educationally Backward Classes.
• The Constitution (Seventh Amendment) Act, 1956: The Amendment Reorganised the Indian States on Linguistic Lines, which was one of the Major Steps in Solving the many Linguistic Demographic Diversities the Country had.
• The Constitution (Forty-second Amendment) Act, 1976:  Generally known as the “Mini-Constitution,” this Amendment made far-reaching changes to the Constitution. It added the words “Socialist,” “Secular,” and “Integrity” in the Preamble. This Amendment also Tried to Curtail the Power of Judicial Review of the Supreme Court and the High Court.
• The Constitution (Forty-fourth Amendment) Act, 1978: This Restored the Power of the Judiciary and gave Safeguards against the misuse of Emergency Provisions, thereby reverting many changes caused by the Forty-second Amendment.
• The Constitution (Eighty-sixth Amendment) Act, 2002: The Act made Education a Fundamental Right for Children between 6-14 years of Age. It was emphasized to be a part of National Development.

These Changes Represent the Dynamic Character of the Indian Constitution- To Expand with the changing needs and Aspirations of Society, yet Retaining its Foundational Values.

Fundamental Rights And Duties

Fundamental Rights

The Constitution of India Guarantees Six Fundamental Rights basic for the Safeguard and Development of individual Liberty and a Just Society. They are as explained below:

• Right To Equality (Articles 14-18): Ensures Equality before the law. It provides that there should be no Discrimination based on Religion, Race, Caste, Sex, and Place of Birth.
• Right To Freedom (Articles 19-22): Includes Freedom to Speak and Express One's Opinion, to Peacefully Assemble, to form an association, to Move and to Reside in Any Part of the Country and to Practise any Profession. It also provides for Protection in Respect of Conviction for Offences.
• Right Against Exploitation (Articles 23-24): These Provisions Prohibit Traffic in Human beings, begar and Other Forms of Forced Labour and Child Labour in Factories, etc.
• Right To Freedom of Religion (Articles 25-28): Guarantees Freedom of Conscience and How Right to Freely Profess, Practice, and Propagate Religion. 

People Also Read : Right To Freedom of Religion

• Cultural And Educational Rights (Articles 29-30): This Allows the Protection of Minorities to Conserve their Culture, Language, and Script, and Provides them the Right to Establish and Administer Educational Institutions.

People Also Read : Cultural and Educational Rights in India

• Right To Constitutional Remedies (Article 32): This gives a Person the Right to Approach the Supreme Court or High Courts to get a Remedy for the Infringement of his Fundamental Rights.

These Rights are basic to the Growth of an Individual's Personality and Dignity. The Fundamental Rights form Part of the Basic Structure of India's Democratic Framework.

Directive Principles Of State Policy

The Directive Principles of State Policy (DPSP) lays down the Guidelines that the Government should bear in mind while formulating Policies and Enacting Legislation for Social and Economic Welfare. Although Guiding Principles laid down from Article 36 to Article 51 (Part IV), of the Constitution, are not enforceable by Courts, they nonetheless form the bedrock of the Country's Governance in attempting to bring about a Just Society.

Key Directive Principles:

• Article 38: Promotion of the welfare of people by securing a social order through Justice- Social, Economic, and Political.
• Article 39: Ensures Adequate means of livelihood, Equal pay for Equal work, and Protection of Children and Youth Against Exploitation.
• Article 39A: Equal Justice and Free Legal Aid.
• Article 41: Right to Work, Education, and Public Assistance in Certain Cases.
• Article 42: Provision for just and Humane Conditions of work and Maternity Relief.
• Article 44: Uniform Civil Code for all Citizens.
• Article 45: Free and Compulsory Education for Children until the Age of 14 years.

This set of Principles thus Guides the State in the formulation and implementation of Socio-Economic Policies and Programs for the betterment of the lives of the people.

Fundamental Duties

The Fundamental Duties were inserted in the Constitution by the 42nd Amendment Act, of 1976. The duties are enumerated in Article 51A (Part IVA) of the Constitution. These are the Moral Obligations of Citizens to Promote a Sense of Patriotism and to Strengthen a bond of Unity amongst the Indians.

The 11 Fundamental Duties Are:

1. To abide by the Constitution and Respect its ideals and institutions, the National Flag and the National Anthem;
2. Cherish and follow the Noble ideals that inspired the National Struggle for Freedom;
3. Uphold and Protect the Sovereignty, Unity and Integrity of India;
4. Defend the Country and Render National Service when Called upon to do so;
5. Promote harmony and the Spirit of Common brotherhood amongst all the people of India;
6. Value and Preserve the Rich Heritage of the Country's Composite Culture;
7. Protect and improve the Natural Environment including Forests, Lakes, Rivers, and Wildlife;
8. Develop Scientific Temper, Humanism, and the Spirit of Inquiry and Reform;
9. Protect Public Property and Abjure Violence;
10. Strive Towards Excellence in all Spheres of Individual and Collective Activity;
11. Provide Opportunities for Education to Children between the Age Groups of Six and Fourteen Years.

These Duties Supplement the Fundamental Rights and Aid in Instilling a Sense of Responsibility in Citizens. 

Separation Of Powers As Enshrined In The Indian Constitution

The Indian Constitution lays down a clear division of powers among the Three Organs of Government: the executive, legislature, and judiciary. In such a division, no single organ becomes omnipotent, and each Organ Functions and Operates within its Orbit. The functions of each of the Organs are as follows:

• Executive: It is responsible for the implementation and enforcement of laws. The head, in the Central sphere, is the President, while in the state domains, it is headed by the Governors. The President has to undertake these functions with the assistance of the Prime Minister and the Council of Ministers.
• Legislature: It is known as the Parliament. It enacts laws of different subject matters as provided under the Seventh Schedule of the Constitution. It is bicameral, comprising two Houses, namely, the Lok Sabha and the Rajya Sabha. State legislatures perform analogous functions at the State level.
• Judiciary: The Judiciary interprets laws and sees that Justice is done in the application of the laws. It is headed by the Supreme Court at the National Level, followed by High Courts at the State Level, and then Various Subordinate Courts.

Checks And Balances

The system of checks and balances is designed to prevent any one branch from becoming too powerful by allowing each branch to limit the powers of the others. The following are the key mechanisms:

• Legislative Checks:
  • The Parliament has the power to impeach the President and Judges of the Supreme Court and High Courts.
  • It can pass a vote of no confidence to remove the Prime Minister with the Council of Ministers.
• Executive checks:
  • The President Possesses Powers of Veto. It could veto the bills by the Parliament.
  • The President has the power to dissolve the Lok Sabha and call for fresh elections.
  • The executive can promulgate Ordinances if the Parliament is not in session.
• Judicial Checks:
  • This could be through Judicial Review, where the Judiciary declares laws passed by the legislature and actions by the Executive Unconstitutional.
  • It may also interpret the Constitution and ensure that all Arms of Government Act within their Constitutional limits. 

Such checks and balances ensure a balance in the Execution and Regulation of Power. Therefore, it Aids in Protecting Democratic Principles and Preventing any Abuse of Power.

Conclusion

The nature of the Indian Constitution exemplifies a unique blend of rigidity and flexibility, ensuring a robust framework for governance while adapting to changing needs. Its federal structure with unitary features, supremacy of the Constitution, and emphasis on fundamental rights make it distinct. This living document embodies the spirit of democracy and justice, reflecting the aspirations of a diverse nation. Understanding its nature is crucial to grasping India's legal and political landscape, highlighting the balance between continuity and change.

About The Author:

Adv. Kishan Dutt Kalaskar brings a wealth of expertise to the legal field, with an impressive 39-year career in legal services, complemented by 20 years as a judge in various capacities. Over the years, he has meticulously read, analyzed, and prepared Head Notes for more than 10,000 judgments from High Courts and the Supreme Court, many of which have been published by renowned law publishers. Advocate Kalaskar’s specialization spans across multiple areas of law, including Family Law, Divorce, Civil Matters, Cheque Bounce, and Quashing, marking him as a distinguished figure known for his deep legal insights and contributions to the field.