Basic Features of Indian Constitution | SSC CGL Tier 2 - Study Material, Online Tests, Previous Year PDF Download

The Indian constitution, recognized as one of the most esteemed in the world, was crafted after a thorough examination of various global constitutions. Despite incorporating elements from other constitutions, the Constitution of India possesses distinctive features that set it apart from those of other nations.

Among its notable characteristics are:

• Extensive Written Constitution:

  • The Constitution of India, unlike unwritten constitutions such as that of the UK, is a comprehensive, detailed, and elaborate written document.
  • Factors contributing to its length include geographical vastness, historical influences like the Government of India Act, 1935, a single constitution for both center and state, and the dominance of legal luminaries.

• Incorporation from Various Sources:

  • India's constitution draws extensively from other countries and the Government of India Act, 1935.
  • Despite borrowing, Indian constitution-makers tailored foreign features to suit Indian conditions. For instance, while adopting the cabinet form of governance from the UK, the Indian cabinet does not hold absolute supremacy.

• Preamble Significance:

  • The Preamble encapsulates the ideals, objectives, and basic principles of the Constitution.
  • It declares India as a Sovereign Socialist Secular Democratic Republic committed to justice, liberty, equality, fraternity, individual dignity, and national unity.

• Democratic System:

  • The government's authority is founded on the sovereignty of the people, with equal political rights for all citizens.
  • Free, fair, and regular elections are conducted to elect governments.

• Republic Status:

  • The Preamble asserts India as a Republic, with an elected head of state (President) serving a fixed term, elected indirectly by the people every five years.

• Union of States:

  • Article I declares India as a "Union of States," highlighting the federal structure of government.
• Fundamental Rights and Duties:
  • The Constitution of India guarantees Fundamental Rights to citizens.
  • Part III of the Constitution outlines these rights, known as Fundamental Rights.
  • The six Fundamental Rights include Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies (Art. 32).
  • These rights are justiciable, subject to reasonable constraints for the state's security.
• Directive Principles of State Policy:
  • The Constitution includes a chapter on Directive Principles of State Policy.
  • These principles serve as directives for the government to uphold social and economic democracy.

• Parliamentary System:

  • The Constituent Assembly chose a Parliamentary form of government for both the Center and the states.
  • A distinction exists between nominal and real executive heads.
  • The Council of Ministers is accountable to the Lok Sabha, fostering close relations between the executive and the legislature.
• Federal Structure of Government:
  • India's Constitution envisions a federal structure.
  • This recognizes geographical vastness and diversity in language, region, religion, and caste.
  • Features include a written constitution, supremacy of the Constitution, division of powers, bicameral Legislature, and an independent Judiciary.
  • Scholars describe India as a 'Quasi-Federation' or even as 'a federation with a unitary bias.'
• Universal Adult Franchise:
  • All adults, regardless of gender, enjoy the right to vote.
  • Every adult above 18 years has the opportunity to vote in elections.
• Single Integrated State with Single Citizenship:
  • India is a single independent and sovereign integrated state.
  • Citizens share a common uniform citizenship with equal rights, freedoms, and state protection.

• Integrated Judicial System:

  • The Constitution establishes a single integrated judicial system for the Union and states.
  • The Supreme Court operates at the apex level, High Courts at the state level, and other courts under the High Courts.

• Independent Judiciary:

  • The Constitution makers created a separate and independent Judiciary.
  • Complete independence in administration and finances is ensured.
• Amending the Constitution of India:
  • The procedure for amending the Constitution is laid down in Part XX (Article 368).
  • This safeguards the sanctity of the Constitution and checks uninformed power of the Parliament.
• Judicial Review:
  • The judiciary holds a significant position, independent of the legislature and the executive.
  • The Supreme Court serves as the defender of fundamental rights and guardian of the Constitution.

• Basic Structure Doctrine:

  • This doctrine asserts that certain basic features of the Constitution cannot be changed through amendments.
  • Around 20 features have been described as "basic" or "essential" by the Courts.
• Secularism:
  • The Constitution guarantees complete freedom of religion.
  • Citizens are free to follow any religion without discrimination.
  • The State does not interfere with individual religious practices.
• Independent Bodies:
  
  
  • The Constitution establishes independent bodies like the Election Commission, CAG, and Finance Commission.
  • These institutions have security of tenure and fixed service conditions.
• Emergency Provisions:
  • The Constitution contains elaborate provisions to address challenges threatening the country's security and unity.
• Three-Tier Government:
  • The 73rd and 74th amendment act introduces rural and urban local bodies as an additional constitutional tier.
  • This fulfills Gandhi ji's vision of self-functioning villages in India.