The Features of Indian Constitution

Every society has some distinctive qualities that set it and distinguish it from others. These laws are created through consensus in prominent societies with diverse populations, and in modern countries, this consensus is frequently published in written form. A Constitution is a written document that contains these guidelines.

Need of a Constitution:

In democratic societies, the Constitution plays a very crucial role. It works 

• To define the fundamental nature of Society: It lays down ideals that determine the kind of country that people want to live in
• To define the nature of a country’s political system: A country’s political system may be Monarchy or Democracy. In Monarchy, supreme authority is vested in the monarch (an individual ruler), while in a Democracy, people choose their leaders, and these leaders exercise power responsibly on people’s behalf
• To safeguard from misuse of authority: The Constitution lays down rules that guard against the misuse of power by political leaders. The Indian Constitution guarantees Right to Equality to all persons
• To prevent tyranny of the majority: A majority can uphold choices that bar minorities and conflict with their inclinations. Minorities are not prohibited from whatever is regularly accessible to the more significant part, as indicated by the Constitution
• To save us from ourselves: The Constitution helps to secure us against specific choices that could adversely affect the bigger rules that the nation has faith in. A good Constitution also does not allow any whims to change its basic structure. It makes it challenging to overthrow provisions that guarantee citizens’ rights and defend their freedom

Key Features of the Indian Constitution

• Federalism:

• It refers to the fact that the country has multiple levels of government

• In India, there are governments at the Centre and State level. The third tier of government is composed of “Local Bodies”
• The states are not simply agents of the federal government; they are empowered under the Constitution
• In India, each state has autonomy in exercising control over specific issues. Still, when it comes to the matter of national interest, all of these states must follow the central government’s rules
• The Constitution includes a list of areas on which each level of government can create laws
• The Constitution also specifies from where each tier of government can get funds to function

• Parliamentary Form of Government:

• The parliamentary form of government consists of representatives who are elected by the people and are accountable to them
• All inhabitants of India are guaranteed universal adult suffrage under the Indian Constitution. This means that every citizen of the country, regardless of social status, can vote in elections

• Separation of Powers: 

• According to the Constitution, the government is divided into three branches.:
  • Legislature: Elected representatives responsible for formulating laws
  • Executive: Responsible for implementing laws and running the government
  • Judiciary: It refers to the country’s legal/court system
• To prevent any one branch of government from abusing power, the Constitution mandates that each of these institutions have distinct powers
• Moreover, each organisation can check on the other government organisations to balance the power they have

• Secularism:

Here are a few features that defines India’s secularism;

• A secular state is one in which no single religion is openly promoted as the state religion

• Positive secularism: The Indian Constitution embodies the positive secularism concept of giving equal respect to all religions or equally protecting all religions. The Western concept of secularism implies a complete separation of religion and state

• Equality: The Indian Constitution does not establish any specific religion as the official religion of the Indian State. It prohibits the government from discriminating against any citizen on the basis of religion (Article 15)
• Tolerance: Acceptance of all religions rather than strict separation reflects the state’s and its people’s tolerant attitude
• Many religion-approved cultural processes are illiberal because they are unfair and non-egalitarian, and they deny people the right to live a dignified and self-respecting life. As a result, by reforming such practises through state intervention, Indian secularism contributes to liberal and egalitarian principles. Consider the recently enacted Triple Talaq Act
• Religious reforms: Indian secularism is broader in the sense that it allows the state to intervene to help reform various evils and superstitions. For example, many rules in Karnataka allowed the government to suppress superstitions that violated human rights
• Protect religious rights: By accepting community-based rights for religious minorities, the state can protect Indian citizens’ rights. Everyone has the same right to conscience freedom and the freedom to freely profess, practise, and propagate any religion (Article 25)
• Concurrent power: The 7th schedule of the Indian constitution places religious institutions, charities, and trusts on the concurrent List, which means that both the central government of India and various state governments in India have the authority to make laws concerning religious institutions, charities, and trusts
• The Supreme Court ruled in the landmark Bommai case (1994) that secularism is a “basic feature” of the Constitution. As a result, a state government that engages in anti-secular politics is subject to action under Article 356

• Focus on Harmony: Rather than a strict separation of state and religion, Indian secularism focuses on harmony among all religions. It enables the state to prevent religious conflicts through timely interventions that would have been disastrous for the state if not controlled

• Fundamental Rights:

• The section on fundamental rights has been referred to as the Indian Constitution’s “conscience”

• It protects people’s rights both against the government and against other people
• It guarantees the rights of minorities against the majority

According to Dr. B.R. Ambedkar, the fundamental rights has a two-fold objective: 

• Every citizen must be able to stand up for their rights
• These rights must bind every authority with the power to enact laws
• Some of the most notable aspects of Fundamental Rights are as follows:
• The constitution protects and guarantees FRs
• FRs are NOT sacrosanct or absolute: the parliament can limit them or impose reasonable restrictions for a set period of time. However, the court has the authority to consider the reasonableness of the restrictions
• FRs are justiciable: The constitution allows a person to go directly to the Supreme Court to have his fundamental rights reinforced if they are violated or restricted
• Suspension of Fundamental Rights: Except for the rights guaranteed by Articles 20 and 21, all Fundamental Rights are suspended during National Emergencies
• Restriction of Fundamental Rights: During military rule, Fundamental Rights can be restricted in any specific area

• In Conclusion

  A Preamble outlining India’s Goals And Objectives precedes the Constitution.

  WE, THE PEOPLE OF INDIA, having solemnly resolved to establish India as a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all of its citizens: JUSTICE, social, economic, and political; LIBERTY of thought, expression, belief, faith, and worship; EQUALITY of status and opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;