Longest Written Constitution

The Indian constitution is duly respected as the supreme law of the nation. The Indian constitution became effective on 26th January 1950. This key national document lays down: the fundamental political code and structures, powers and duties of the government; fundamental rights and duties of citizens; and directive principles. Due to covering several topics in a detailed way, the Indian constitution is considered the longest written constitution in the world. The constitution:

• declares India a sovereign, socialist, secular, and democratic republic. 
• assures citizens of justice, equality, and liberty
• and attempts to encourage fraternity

The words “Secular” and “Socialist” were added to the Preamble by the 42nd amendment in 1976. The constitution was created by a constituent assembly, not parliament, and adopted by its people. Therefore Constitutional supremacy prevails, and Parliament cannot override the Constitution. It is important to know the key features of the Constitution.

Salient features of the Indian Constitution:

The Indian constitution is considered one of the best-written constitutions in the world. The Indian constitution is an extremely important document for an Indian citizen – the supreme document that declares the rule of law. Being a lengthy written document, it is very useful to know and understand the key features of the constitution. The key features include:

The Preamble 

The Preamble is the introductory or initiatory part of the constitution that sets the Constitution’s guiding principles, ideals, and basic objectives. The Preamble indicates that the constitution derives its authority and meaning- from the people. In many ways, the Preamble articulates the goals in two ways: it describes the structure of Governance; explains the ideals to be achieved in independent India.

The Preamble declares India to be a sovereign, socialist, secular, and democratic republic and assures citizens of justice, equality, and liberty and endeavours to promote fraternity.

Fundamental Rights and Duties

The constitution grants and guarantees fundamental rights to the citizens. There are six fundamental rights given to the citizens as per the Indian Bill of Rights. The original seven rights were reduced to six after deleting the Right to property through an amendment in 1949. The six fundamental rights are:

a) Right to equality: The Indian constitution upholds the right to equality under a group of articles 14-18. 

b) Right to Freedom: The constitution grants six fundamental freedoms to the citizens of India under Article 19(1), which are not absolute but subject to reasonable restrictions. 

c) Right against exploitation: Article 23 stipulates against trafficking in human beings and forced labour, and if done is punishable under the law. 

d) Right to freedom of religion: Is covered under articles 25-28, and article 25 specifically allows freedom of conscience and freedom to profess, practise, and propagate any religion freely. 

e) Right to culture and education: Covered under Articles 29-30, it allows the preservation of diverse languages, beliefs, and cultures.

f) Right to constitutional remedies: Perhaps the most important right granted by the Indian constitution, as without it, all other rights can never work or be exercised fully. This right grants citizens the right to move the Supreme Court to enforce Fundamental Rights.

Fundamental Duties

Although not part of the original constitution, they were added via constitutional amendment in 1976 based on the need felt. They include:

• To abide and respect the Constitution and its ideals and institutions, the National Flag, and the National Anthem.
• To sustain and protect the sovereignty, unity, and integrity of India.
• To defend the country and render national service when called upon.
• To value the rich heritage of India’s composite culture and preserve it
• Protecting and improving the natural environment, including rivers, lakes, forests, and wildlife shows compassion for living creatures. 
• To defend public property and avoid violence.
• To work towards excellence in all spheres of individual and collective activity for the nation to rise to higher levels of achievement.

Directive Principles

This is a unique aspect of the Constitution wherein a chapter is devoted to the Directive Principles of State Policy. These principles are in the form of directives to the government to implement such policies essential for the welfare of the people to promote and maintain social and economic democracy in the country.

Blend of Rigidity and Flexibility

The constitution allows an excellent blend of Rigidity and Flexibility. Certain constitutional provisions can be amended by a simple majority in the Parliament, whereas amending certain provisions stipulated under Article 368 (especially those affecting the policies of the State governments) can only be amended through a special 2/3rd majority.

Parliamentary Form of Government

The constituent assembly adopted a Parliamentary form of governance. Modelled after the British Westminster form of government, it is a democratic governance system, where the Executive branch of State derives its legitimacy from the legislature and is held responsible to that legislature. In a parliamentary system, the Head of government is normally a different person from the Head of state.

Free Judiciary

An independent Judiciary is very much needed in a democracy, and it protects its citizens from the arbitrary acts of the government. The Judiciary is empowered to make decisions and is not dependent on the government in India. The Judiciary has to enforce the various fundamental rights using its powers under articles – 32 and 13.

Conclusion

The Indian constitution is widely acclaimed as a finely crafted document of the supreme law. The founding fathers and the drafting committee under Dr B.R Ambedkar’s leadership referred to several other countries’ constitutions, adapting them to suit their values, culture, and people. Considered the lengthiest written constitution in the world, it enshrines key guiding principles. Granting constitutional rights and duties to every citizen, laying a framework for a Parliamentary form of governance, empowering a free judiciary to uphold the rule of law, and a healthy blend of rigidity and flexibility in constitutional provisions and amendments, are among the key features of the Indian constitution.