The Indian Constitution

Indian Constitution: UPSC Note on Indian Constitution

The Indian Constitution is unique in both text and spirit; it synthesises numerous international constitutions, including the most appropriate aspects for the Indian system. The Indian Constitution contains several distinctive characteristics that make it unique from the constitutions of other countries. 

Salient features of the Indian Constitution and important Articles of the Indian Constitution: 

1. Lengthiest Written Constitution:

In contrast to the British Constitution, the Indian Constitution is based on the American Constitution, which is a written document.

India’s Constitution is the heaviest of all the world’s written constitutions. It comprised 395 Articles in 22 sections and 8 Schedules when enacted.

There are 465 Articles (split into 25 Parts) and 12 Schedules in the current version.

Compared to all other written constitutions throughout history, why is India’s Constitution so lengthy?

• Geographical factor: The country’s great size and complexity
• The legacy of the Government of India Act, 1935, was massive in itself
• A single constitution to govern the federal government and the states
• Supremacy of legal luminaries in the Constituent Assembly
• The Constitution enumerates different administrative laws and the fundamental principles of administration
• Issues related to regular legislation that are normally left in other modern democratic countries have been included in India’s Constitution
• Future-oriented: Several elements have been worked out in great depth to eliminate any future concerns

2. Blend of Rigidity and Flexibility:

• There are two types of Constitutions: Rigid and flexible
• A rigid Constitution demands a specialised amending method. (For example, the United States Constitution)
• A flexible Constitution can be changed the same way as regular legislation may. (Take, for example, the British Constitution)
• The Indian Constitution is neither hard nor flexible; rather, it is a well-thought-out blend of the two

3. Drawn From Various Sources:

• Dr B R Ambedkar was the Chairman of the Drafting Committee of the constitution
• Dr B. R. Ambedkar boasted that the Indian Constitution was drafted after “ransacking all known Constitutions of the World” 
• The structural element of the Constitution was created by the Government of India Act of 1935, whilst the philosophical part (the Fundamental Rights and the Directive Principles of State Policy) is credited to the American and Irish Constitutions, respectively
• The political component of India’s Constitution was based on the British Constitution

4. Federal System with Unitary Bias:

• The Indian Constitution established a federal government. But the term ‘federation,’ on the other hand, is not included in the Constitution
• Two governments, separation of powers, an independent judiciary, and bicameralism are all elements of the federal government
• In contrast, the Indian Constitution Articles have a substantial number of unitary or non-federal components
• Features of a non-federal or unitary state include a strong central government, a single constitution, single citizenship, the nomination of state governors by the central government, all-India services, and emergency laws, among others
• The Indian Constitution has been succinctly summarised as follows:
• In form, it’s federal, but in essence, it’s united
• Quasi-federal
• Federalism that works together
• A federation that has a propensity to centralise
• Parliamentary Form of Government
• The Indian Constitution’s forefathers preferred the British “Parliamentary System” over the American Presidential style of government.
• The Parliamentary system is founded on the principles of collaboration and coordination between the legislative and executive branches of government, while the Presidential system is founded on the philosophy of  separation of powers philosophy (i.e. separation of Legislative and Executive organs)

6. Combination of Judicial Supremacy and Parliamentary Sovereignty:

• The “Doctrine of Parliamentary supremacy” is important to the British Parliament, while the “principle of judicial supremacy” is important to the American Supreme Court
• The Indian parliamentary system is a hybrid of the British parliamentary supremacy concept and the American judicial supremacy idea
• Through its judicial review power, the Supreme Court can declare parliamentary laws invalid, thus superseding them
• Through its constituent authority, the Parliament can modify the majority of the Constitution

7. Fundamental Rights:

• Part III of the Indian Constitution (Fundamental Rights from Article 12-35)
• The Fundamental Rights serves as a check on the executive’s tyranny and the legislature’s arbitrary laws while also encouraging political democracy
• They are justiciable in nature, which means that they may be enforced by the courts if they are broken
• Fundamental rights are not absolute and are susceptible to reasonable limitations; they are also not inviolable and can be limited or repealed by Parliament through a Constitutional amendment act

8. Directive Principles of State Policy:

• Part IV (Articles 36–51) of the Constitution lists the Directive Principles of State Policy
• These ideas are meant to foster social and economic democracy’s goals
• The goal is to create a welfare state
• Nature is unjustifiable
• These principles are divided into three groups:
  • Socialist 
  • Gandhian 
  • Liberal-Intellectual

9. Fundamental Duties:

• Part IV-A (Article 51 A) of the Constitution: Fundamental Duties (Total 11)
• Individuals should be aware of the basic obligations enumerated in Part IV-A of the Constitution while enjoying the advantages of the Fundamental Rights
• All people are obligated under the Fundamental Duties to respect India’s national symbols, especially the Constitution, to appreciate its legacy, conserve its composite culture, and aid in its defence
• The Swaran Singh Committee recommended that the Fundamental Duties be integrated into the Constitution, and the 42nd Constitutional Amendment Act of 1976 did so
• Another essential obligation was added by the 86th Constitutional Amendment Act of 2002
• These are inherently unjustifiable

10. Secular State: 

• India’s Constitution guarantees a secular state
• It does not declare any faith to be the Indian state’s official religion
• Secularism in the Western sense refers to a total separation of religion and state
• The Indian notion of secularism calls for equal respect for all religions or equal protection for all religions

11. Universal Adult Franchise:

• The Indian Constitution established universal adult franchise as the basis for Lok Sabha and legislative assembly elections
• Every person over the age of 18 has the right to vote, regardless of caste, ethnicity, religion, sex, literacy, money, or other factors

12. Single Citizenship:

• Indian citizenship is the only citizenship recognised by the Constitution
• Each person in the United States is both a citizen of the United States and a citizen of the state in which they live
• In India, every citizen, regardless of where they were born or where they live, has the same political and civil rights as other citizens across the country, and there is no discrimination

13. Independent Bodies

•  The Indian Constitution creates a number of autonomous entities in addition to the government’s legislative, executive, and judicial branches (both central and state)
• The Election Commission is responsible for ensuring free and fair elections to Parliament, state legislatures, the President of India, and the Vice-President of India
• The Comptroller and Auditor-General of India will audit the accounts of the national and state governments. He acts as a watchdog for the public purse, weighing in on the legality and propriety of government expenditure
• The Union Public Service Commission is responsible for conducting examinations for all-India and higher-level Central positions, as well as advising the President on disciplinary actions
• The State Public Service Commission in each state is in charge of administering state service recruiting tests and advising the Governor on disciplinary matters

14. Emergency Provisions:

• During an emergency, the country’s federal structure is transformed into a unitary one
• There is a national emergency (Article 352)
• President’s Rule (state of emergency): On the basis of:
• Ineffectiveness of the state’s constitutional machinery (Article 356)
• Failure to follow the Centre’s instructions (Article 365)
• Financial emergency (Article 360)

15. Three-tier Government:

• The Indian Constitution originally established a dual polity (Centre and the states)
• The third tier of government was established with the 73rd and 74th Constitutional Amendment Acts of 1992. (i.e., local government). It is a characteristic of the Indian Constitution that is not present in any other constitution of the world, i.e. the federal government, state governments, and local governments (Panchayati Raj and Municipal corporation)
• In every state, Part IX of the Constitution establishes a three-tier structure of Panchayati Raj, with Panchayats at the village, intermediate, and district levels
• In every state, Part IX-A of the Constitution establishes three types of municipalities: Nagar Panchayats for transitional areas, Municipal Councils for smaller cities, and Municipal Corporations for major cities

16. Cooperative Societies:

• The 97th Constitutional Amendment Act of 2011 granted cooperative societies constitutional recognition
• Article 19 (1) (c) of the Indian Constitution enumerates the fundamental right to form cooperative societies
• Promotion of Cooperative Societies (DPSP) (Article 43-B)
• Part IX-B has been added as a new chapter
• Multi-State cooperative societies are regulated by Parliament

Amendments are proposed to be added, removed, or modified to the Constitution on an ongoing basis, depending on the situation. Some laws may need to be changed because of their age, while others may need to be changed due to their obsolete nature, meaning they would require an update to ensure they are suitable for present circumstances.