Salient features of the constitution of India.
The constitution of India was drafted by the constituent Assembly under the presidentship of Dr. Rajendra Prasad. The drafting Committee was headed by Dr. B. R. Ambedkar who played a dominant role in preparing the constitution of Indian Republic. Thus the constitution of the Indian Republic establishes a federation with a strong centre. However, the constitution came into force on 26 January 1950. Followings are the important features of the Indian Constitution.
1. Written and bulky constitution : The constitution of India is not only written but also the bulkiest constitution in the world. It consists of over 395 articles and 12 schedules. The main reason for the bulkiness of the Indian Constitution is that the framers not only incorporated the basic principles governing the relations between the three organs of the government, viz, the legislature, executive and judiciary but also made elaborate provisions with regard to the various administrative problems like citizenship, national language, centre state relations, minority problems etc. The other factors which contribute to the bulkiness of the constitution are detailed chapter on Fundamental Rights and Directive principles of state policy, provisions of relations between the centre and the state, provisions regarding safeguard and protection for the various minorities - religious linguistic, racial and communal as well as for tribal areas, backward classes, depressed classes etc. Thus it is quite clear that the constitution of India is the lengthiest constitution of the world.
2. Rigid and Flexible Constitution : Our constitution is both rigid and flexible. The constitution is rigid and can be amended by a special procedure which is rather simpler than that of any other federal constitution. Broadly speaking, there are three different methods for the amendment of various provisions of the constitution. Some provisions can be amended by the parliament by simple majority such as creation of new state; creation or abolition of upper house in the state etc. Certain provisions can be amended by the parliament by a two-third majority of the members present and voting but this must also form a majority of the total membership of each House. Finally, there are certain provisions of the constitution, which can be amended by two-third majority of the members of the parliament and need ratification by the legislatures of the majority of the state. Thus the amendment procedure is a rare combination of rigidity and flexibility.
3. Sovereign Democratic Republic: The Constitution declares India as a Sovereign Democratic Republic'. India is an independent sovereign state where ultimate powers is derived from the people as a whole. It is a Republic and the president is the elected head of the state. The Republic is Democratic where powers of the government are derived from the consent of the people. The sovereignty and republican states of India cannot be affected by being the voluntary membership of the Commonwealth of the Nations.
4. Single Citizenship: Another important feature of the constitution is that it provides for only one citizenship for the whole of India. This is a point of difference with the constitution of U.S.A. In America there is dual citizenship if, one is at first the citizen of a state and then the citizen of the U.S.A. But our constitution recognises only one citizenship- the Indian citizenship alone. This was done to promote the feeling of unity and fraternity among the people residing in various parts of this country.
5. Federal and unitary Features: Indian constitution is both Federal and Unitary. It is flexible federation in the sense that it can be both unitary and federal according to the requirement of time and circumstances. In times of emergency the president can suspend the autonomy of state and virtually assume dictatorial powers. The federation in India is of a unique type with any abnormal features. The constitution has a strong centralising tendency. Thus it is federal inform but unitary in spirit.
6. Secular State: Another important feature of the constitution is that it provides for a secular state which has granted equal religious freedom to all its citizens irrespective of caste, creed, sex, race, colour etc. The state has no religion of its own and it is absolutely neutral in its attitude towards religion. People possess rights to preach, propagate to and practice their religion in their own way but al forceful conversion is not allowed by it.
7. Parliamentary or Cabinet Form: Another E important characteristic of the Indian constitution is that it sets-up a parliamentary or cabinet form of government both at the centre and in the states. However, the real power is vested in the cabinet which remains responsible to the legislature. The Council of Ministers is collectively responsible to the House and remain in the office as long as it enjoys the confidence of the House.
8. Fundamental Rights: Other important features of Indian Constitution is the Fundamental Rights which has granted to the citizens certain rights essential for leading ideal and prosperous life. These rights are enshrined in Article 12 to 35 and have been broadly grouped into six categories such as :
a) Right to equality,
b) Right to freedom,
c) Right against exploitation,
d) Right to freedom of religion,
e) Cultural and educational rights and
f) Right to Constitutional Remedies. These rights are justiciable because one can approach the court if he feels that his fundamental rights are violated. Thus the Supreme Court of India has been made the guardian of the rights and liberties of the Indian people.
9. Directive principles of State Policy : Another remarkable feature of the Indian Constitution is the Directive Principles of state policy. The idea of Directive Principles of state policy has been borrowed from the constitution of Irish Free state. According to Directive Principles of state policy government must follow such policies that would lead to the establishment of economic and social justice. Though it is non-justiciable but it has moral of sanction behind it. Thus Directive Principles of state policy gives moral sanction to the state to establish a just, equal and democratic society in the real sense of the term.
Other features of our constitution are Universal Adult Franchise, Independence of Judiciary, Rule of Law, Fundamental Duties, Protection of Minorities, Scheduled Caste and Schedule Tribes, special provisions for Backward Classes, Emergency provisions ete. All thes features are igoo equally important for making India a Sovereign Democratic Republic.
