Salient Features Of Indian Constitution

When it comes to understanding the Constitution of India, it's more than just a legal document. It is the foundation of our democracy, adopted on January 26, 1950. It acts as a guiding light by establishing the framework for the political principles, procedures, and powers of government institutions, as well as the rights and duties of citizens.

Indian Constitution is one of the longest and most detailed written constitutions in the world; it combines many ideas that represent India's rich cultural and historical diversity.

To meet the needs of the country, India's Constitution has its own special features that make it unique. In this article, we will explore the salient features of the Indian Constitution and uncover how they work together to uphold our democracy and shape the nation we live in today.

Background And Formation Of The Constitution

The making of the Constitution of India started when we were still under the rule of Britishers. The first Act was the Regulating Act of 1773, which was then followed by the Charter Act of 1813, 1833, and 1853. Many acts were passed, but they all put India under British control. Then came the Government of India Act of 1935, which laid the foundation for the Constitution. Some changes included:

1. It divided the powers of the Centre and States Into three lists: Federal, provincial, and concurrent.
2. It abolished the system of dyarchy and introduced provincial autonomy.
3. It established a Federal Court and abolished the Council of India.

Then, finally, India was declared independent and sovereign in the Indian Independence Act of 1947. It established a government at the Centre and appointed governors to provinces.

Features Of Indian Constitution

Preamble

The preamble is an introductory statement which explains how the Constitution derives its powers. It is also called the key to the minds of Constitution makers.

The preamble reads as follows: “We, the people of India, solemnly resolve to constitute India into a sovereign, socialist, secular, democratic republic. And to secure justice, social, economic and political, Liberty of thought, expression, belief, and faith, Equality of status and opportunity and to promote fraternity, ensuring dignity, unity, and integrity.” Let’s uncover these concepts:

• Sovereign: It refers to absolute independence, which means that the government should not work under any external powers. So, sovereignty stands for the supremacy of the government.
• Socialist: This term was added in 1976, and it means that our country is committed to being economically efficient.
• Secular: India is neither religious nor anti-religious, which means we are secular. Our country does not favor a particular religion. It treats all religions the same.
• Democratic Republic: Democracy is the government of the people, by the people, and for the people. Essentially, it means that the government is elected by the people. Republic refers to the fact that the head of the country is an elected President and not a king.
• Justice: It means that no one should face any discrimination, and our society should be just politically, economically, and socially.
• Liberty: It denies freedom to live life on their own terms.
• Equality: Equality means having equal opportunity, whether it is in equal pay, jobs, political roles.
• Fraternity: It is when everyone lives in harmony, respecting other cultures and traditions.
• Dignity: It is the right to be treated with respect.
• Unity: It is when all citizens can work together for the betterment of our country.

Fundamental Rights

Part III of the Indian Constitution guarantees six fundamental rights to all the Indian citizens:

Directive Principles Of State Policy

B.R. Ambedkar highlighted the importance of these principles in the Constitution by saying that this is a novel feature of our Constitution. Covered in Part IV, these are fundamental in governance and are used as guidelines while making other laws. It is divided into socialist, liberal-intellectual, and Gandhian categories. However, DPSP is not enforceable by courts, which means that courts can't take any action in case of its violation.

Fundamental Duties

Originally, our Constitution had no fundamental rights. It was added by the 42nd Amendment, 1976, after being recommended by the Swaran Singh Committee. It added Part IV-A, Article 51 A, to the Constitution. Just like DPSP, these duties are also not enforceable. Duties like respecting freedom struggle, protecting the environment, and educating children between the ages of 6 and 14 years are covered under this.

Federal Structure

To be federal means dividing powers between different levels of government. This term has not been used anywhere in the Constitution. But, Article 1 of the Constitution says that India is a Union of States. It means that all states combined make our country. No state has the power to supersede this federal nature of India. The fact that we have a written Constitution, independent judiciary, and division of powers between center and state means that it is federal.

Parliamentary System

Our Constitution adopted the British parliamentary system and not the US presidential form. The parliamentary system is when the parliament has all the authority, and the powers of legislature and executive are separated.

In this form of government, the Prime Minister acts as the leader of legislative houses and the Council of Ministers. In the Presidential form of government, the President is considered the head of government.

The following are some characteristics of Parliamentary form of government:

• The majority party has the authority to make major decisions
• Legislature and executive work together
• The executive is collectively accountable to the legislature
• Prime Minister and Chief Ministers in the state are the heads of government
• There is a cabinet which oversees the working of the government

Independent Judiciary

Independence of the Judiciary is a very important feature of our Constitution. The judiciary is tasked with resolving disputes between individuals, the state, and the center. So, keeping an impartial and unbiased judiciary will enable upholding justice as provided in our preamble. Article 50 of the Constitution separates the judiciary from the executive to ensure that no person of authority in the government can exercise influence over judges. Also, there is a fixed tenure of judges; their salaries are also fixed, and no one can amend them on their own. The Supreme Court is the court of final authority and has the power of judicial review.

Amendment Procedure

Just like any other law, the Constitution can also be amended to make it progressive and add supplementary provisions. Article 368 of Part XX of the Constitution gives the procedure to amend the Constitution. It can be done either by simple or special majority.

Till date, in 2024, we have amended our Constitution 106 times. The first Amendment was in 1951. By this, the 9th schedule, which contains lists of central and state laws that cannot be challenged in court, was added. Another important amendment was in 1976, which came to be known as the Mini Constitution. It added fundamental duties, amended the preamble, added Directive principles, added powers of Tribunals, etc.

Preamble was amended in 1976 to add the terms socialism and secular. But do you know that for a long time, courts have been in doubt about whether the preamble can be amended at all? It was in the case of Keshavananda Bharati vs. State of Kerala (1973) that the Supreme Court held that the preamble can be amended as long as its basic structure is not changed.

Secularism

As we covered above, we are a secular state. Secularism means our country does not follow any one religion. Rather, it is open to all religions. This term was added by the 42nd Amendment Act of 1976. Articles 25 to 28 of the Constitution give everyone the fundamental right to practice and profess any religion. So, our Constitution does not restrict anyone from following any religion.

Single Citizenship

In India, we follow the system of single citizenship. It means that our Constitution allows a person to be a citizen of only one nation. No one can become a citizen of two countries at once. For this, we also have the Citizenship Act of 1955, which prohibits dual citizenship. In comparison, countries like the USA and Switzerland follow dual citizenship policy.

Universal Adult Franchise

The Constitution of India allows universal Adult Franchise. Which refers to the right to vote for every individual aged 18 years. This right is provided under Article 326 and is applicable to every person regardless of their religion, caste, social status, and gender. Earlier, the voting age was 21 years. But then, through the 61st Amendment Act, this was reduced to 18 years.

Socialist Economy

The term socialist is mentioned in the preamble of the Constitution. But it is nowhere defined. Essentially, a socialist economy means a system in which the focus is on maintaining good economic policies. While also taking care of the rights of citizens. In such a system, we produce and manufacture goods to take care of the needs of people. And not just to make a profit from it. Mahatma Gandhi described it as when all members of the society are equal. It is in contrast to a capitalist economy, where businesses have only one motive i.e, to earn profits.

Conclusion

The Indian Constitution is the backbone of our democracy, and it ensures justice, freedom, and equality for everyone. Its unique features, like Fundamental Rights and Directive Principles, protect our individual freedoms, promote the welfare of society, and embrace diversity, which reinforces the strength of our nation. As we navigate the challenges of the modern world, the Indian Constitution continues to guide and inspire us, ensuring that the values of justice, liberty, and equality remain at the forefront of our democracy. We hope this article helps you understand the key features of the Indian Constitution and their significance in shaping our democracy.