Major Features of the Constitution of India | Indian Polity for UPSC CSE PDF Download

INTRODUCTION

Our constitution has adopted the best features of most of the major constitutions of the world as per the needs of the country. The parliamentary system of democracy has been taken from Britain, the concept of federalism from the USA, the idea of directive principles from Ireland, and a few more features from the constitutions of Australia and Canada. Our constitution is federal in structure but with unitary features. It is a lengthy and legalistic document, but reasonably flexible. This article lists the 13 major features of the constitution and comprehensively covers each of the features in the article.

Constitution of India – Major Features

The 13 Major features of the Indian constitution are listed below

1. Popular Sovereignty
2. Rule Of Law
3. Judicial Review
4. Socialism
5. Secularism In Indian Constitution
6. Fundamental Rights
7. Directive Principles Of State Policy
8.Fundamental Duties
9. Judicial Independence
10. Parliamentary System
11. Federal And Unitary Features
12. Lengthy And Legalistic Document
13. Flexibility Of The Constitution
14. Single Citizenship
15. Emergency Provisions

Popular Sovereignty

Sovereignty of the People:

• The Constitution of India declares the sovereignty of the people from the beginning.
• This idea is reiterated throughout the Constitution, especially in the section on elections.
• Article 326 mandates elections to be based on adult suffrage for the Lok Sabha (House of People) and State Legislative Assemblies.
• The government's authority, both at the Centre and in the States, is derived from the people who elect their representatives regularly.
• The principle of popular sovereignty means that in state affairs, the will of the people prevails over the will of a few.

Adult Franchise (Right to Vote):

• Despite widespread ignorance and illiteracy, the Constituent Assembly adopted adult suffrage, believing in the common man's ability and the success of democratic rule.
• The Assembly believed that democratic government based on adult suffrage would bring enlightenment and well-being.
• Free elections are seen as a significant form of mass education.
• While universal education is a distant goal in India, the Constitution does not require a minimum standard of education to exercise the right to vote.
• Illiteracy is distinguished from ignorance, and free elections allow the exchange of ideas and political education for the illiterate masses.

Free Elections and Independent Election Commission:

• The Constitution not only provides for adult suffrage but also ensures free elections.
• An independent constitutional authority is tasked with everything related to elections to ensure their fairness.
• Free elections in India guarantee electors both the freedom of choice and the secrecy of the ballot.
• General elections have shown that even the so-called ignorant masses can exercise their common sense in choosing candidates, resisting manipulation by money, social status, or official position.

Right to Vote:

• The Constitution guarantees every adult citizen of India the right to vote.
• This is significant considering historical limitations, such as women's lack of voting rights in parts of Europe and only 15% of Indian citizens having this right under the Government of India Act, 1935.
• Some critics felt it was premature to grant this right due to poverty, illiteracy, and political immaturity, but the constitution makers had faith in the capacity of the Indian people to use this right responsibly.
• It's considered a bold step by the constitution makers, enhancing the self-respect of citizens.

Effectiveness of Popular Sovereignty:

• The principle of popular sovereignty has not remained an abstract ideal but a living reality for about five decades since the Constitution's adoption.
• The right to vote, regardless of wealth, education, or social status, upholds the democratic ideal of "one man, one vote, one value."
• This right has enhanced citizens' self-respect as democratic participants in India.

Rule Of Law

Rule of Law in Democracy:

• In a democracy, the axiom is that people are ruled by law and not by men.
• This principle recognizes that no individual is infallible, emphasizing the importance of the rule of law in a democratic society.

Meaning of Rule of Law:

• Law is considered sovereign in a democracy.
• The core of law is custom, which consists of the habitual practices and beliefs of the common people over many years.
• Ultimately, the rule of law signifies the sovereignty of the collective wisdom of the common man.

Aspects of Rule of Law:

• Absence of Arbitrariness: Rule of law implies that there is no room for arbitrariness.
• Fundamental Rights for Individuals: Each individual enjoys certain fundamental rights under the rule of law.
• Role of Highest Judiciary: The highest judiciary serves as the final authority in maintaining the sanctity of the law of the land.

Efforts to Uphold Rule of Law:

• Legal Assistance to Needy: Providing legal assistance to those in need is one such effort.
• Promotion of Lok Adalats: Lok Adalats, or people's courts, are promoted to provide alternative dispute resolution mechanisms.
• Public Interest Litigation (PIL): The Supreme Court's venture into Public Interest Litigation is another effort.
• Access to Judicial System: Today's law allows any litigant to appeal to the presiding judicial authority to argue their case personally or seek legal assistance with the help of the judiciary.

Judicial Review

Judicial Review in the United States:

• Judicial review refers to the right of the judiciary to review executive acts and legal enactments to ensure they conform to established law and procedures.
• The American Supreme Court has acquired significant power through judicial review.
• It has the authority to interpret the Constitution, and its interpretations have given it the nickname "the third chamber of the Constitution."
• The U.S. Supreme Court can interpret the Constitution in a way that adds to its meaning, shaping the constitutional framework.

Judicial Review in India:

• In India, the Supreme Court does not have the power to add to the Constitution.
• The Indian Supreme Court can only strike down an act or legislation if it is contrary to the basic framework of the Constitution or violative of established legal procedures.
• The Supreme Court's power to review legislative enactments and executive actions is based on the concept of the "basic framework" of the Constitution.
• The term "basic framework" has not been precisely defined in the Constitution, leaving it open to interpretation.
• The Parliament in India has the authority to amend the Constitution, as long as such amendments do not erode the basic framework of the Constitution.

Comparison with the U.S. System:

• Unlike the U.S., where the Supreme Court can add to the Constitution through interpretations, in India, the power to amend the Constitution lies with the Parliament.
• The Parliament in India has the authority to make additions or deletions to Articles of the Constitution, a power not possessed by the Indian Supreme Court.

Socialism

State Intervention in the Economic Field:

• Throughout the 20th century, increasing State intervention in the economic field became a global trend.
• Nearly all countries today have governments actively engaged in various economic activities, such as economic, industrial, and commercial management.
• This trend is attributed to the influence of socialist ideas on State activity.

State Policy in Independent India:

• Even before the adoption of the Indian Constitution, the Government of independent India expressed its intention to enter the economic field actively.
• The Industrial Policy Resolution of 1948 demonstrated this policy, advocating for a greater role for the State in the country's economic development.
• Certain industries like atomic energy and arms manufacturing were designated as the sole monopoly of the State.
• The State's right to nationalize major industries and bring them under public ownership was clearly stated.

Directive Principles of State Policy:

• The Directive Principles of State Policy in the Indian Constitution reflect socialist objectives.
• While they do not establish a full-fledged socialist order, they aim to establish a democratic socialist state.
• This state seeks to progress towards the social ideal while protecting and preserving basic human rights.

Amendments to the Constitution:

• Successive amendments to the Indian Constitution indicate a shift towards realizing socialist ideals over democratic ideals.
• Notable amendments include the First, Fourth, Seventeenth, Twenty-fifth, Twenty-ninth, Thirty-fourth, and Forty-second Amendments.
• These amendments often prioritize Directive Principles over Fundamental Rights in certain legislative enactments.
• The Forty-second Amendment of 1976 specifically amended the preamble of the Constitution to include the term "socialist," which was originally absent.

Key Amendments:

• The First Amendment (1951) allowed for restrictions on the freedom of speech and expression for reasons related to public order, security of the state, etc.
• The Fourth Amendment (1955) provided for the protection of laws from being challenged on the ground of contravention of Fundamental Rights.
• The Seventeenth Amendment (1964) made changes to Article 31(2) and (2A), regarding compulsory acquisition of property.
• The Twenty-fifth Amendment (1971) provided for the abrogation of zamindari system and acquisition of estates.
• The Twenty-ninth Amendment (1972) was related to the extension of reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and State Assemblies.
• The Thirty-fourth Amendment (1974) was about the recognition of the right to property as no longer a Fundamental Right but a legal right.
• The Forty-second Amendment (1976) inserted the term "socialist" in the Preamble, among other significant changes to the Constitution.

Secularism In Indian Constitution

Incorporation of Secularism in the Indian Constitution:

• India declared its identity as a "Sovereign, Socialist, Secular Democratic Republic."
• The attributes of socialism and secularism were added in 1976 by the 42nd Amendment to the Constitution.

Definition of Secularism in the Indian Context:

• While the Constitution does not explicitly define secularism, its essence is derived from fundamental rights.
• The fundamental right states that the State shall not discriminate against any citizen on grounds of religion, race, caste, sex, place of birth, or any of them.
• The Indian State does not have a religion of its own and upholds the right to freedom of religion.
• Articles 25-28 guarantee freedom of conscience, the right to profess, practice, and propagate religion, and the establishment and maintenance of religious institutions.
• The State does not compel citizens to promote any particular religion, and religious instructions are not provided in educational institutions funded by the State.

Features of Secular Democracy in India:

• The distinguishing features of secular democracy as per the Indian Constitution include:
  • The State does not identify with or be controlled by any religion.
  • The State guarantees the right to profess any religion, including the right to be atheist or agnostic, without preferential treatment.
  • No discrimination is shown by the State on the basis of religion or faith.
  • Every citizen has an equal right to enter any office under the State, ensuring political equality.

Meaning of Secularism in India:

• In the Indian context, secularism aims to establish a state that is neutral towards religion.
• It does not imply hostility towards religion or atheism but ensures that the State remains equidistant from all religions.
• Secularism in India is not anti-religious but ensures equal treatment and freedom of religion for all citizens.

Fundamental Rights

1. Basic Principle of Individual Rights:
   • The Constitution recognizes that every individual is entitled to certain rights inherently as a human being.
   • The enjoyment of these rights is not dependent on the will of any majority or minority.
   • No majority has the right to take away these rights; in fact, the legitimacy of majority rule is derived from the existence of these rights.
   • These rights include:
     • Freedom of speech, movement, and association.
     • Equality before the law and equal protection of laws.
     • Freedom of religious belief.
     • Cultural and educational freedoms.
     • Classification of Rights:
   • The Constitution classifies these rights into seven categories.
     • One of these categories is the right to constitutional remedies.
     • This right allows any aggrieved person to approach the Supreme Court of India to restore any fundamental right that may have been violated.
2. Affirmation of Individual Development:
   • The Constitution affirms that the political system it establishes should provide conditions favorable for the maximum development of an individual's personality.
   • The framers of the Constitution understood that without the enjoyment of these rights, individual development was impossible, and democracy would lack substance.
   • Having experienced colonial rule and fought for these rights, the framers naturally wanted to embed them in the Constitution for the establishment of a democratic political order.
3. Freedom of Political Competition:
   • The Constitution's framers aimed to build the political order on the foundation of freedom of political competition.
   • The importance of these rights lies in the fact that while the will of the majority determines how these freedoms are implemented, the existence of these freedoms is not subject to majority will.
   • These freedoms set the conditions under which the will of the majority is formed and exercised.

Directive Principles Of State Policy

Introduction of Directive Principles in the Constitution:

• The Indian Constitution includes a chapter on Directive Principles of State Policy, which is a significant addition.
• Unlike the Government of India Act, 1935, which had no Instrument of Instructions for the Governor-General, the Directives in the Indian Constitution serve a different purpose.
• These Directive Principles act as guidelines for governments, but their violation cannot be legally challenged in court.

Purpose and Criticism of Directive Principles:

• Critics argue that since the Directives are not legally binding, they are considered useless. However, this viewpoint is countered.
• The Directive Principles are seen as a manifestation of India's aims and aspirations.
• While a government can choose to violate these principles, the will of the people holds the greatest force behind them.
• Directives serve as guidelines for both the people and the government, helping to prevent a government from acting in the dark.
• They are not merely precepts but are considered a great moral force in shaping policies and governance.

Role in Safeguarding Individual Rights:

• Fundamental rights in the Constitution establish a wall of separation between the government and the people, safeguarding life, liberty, and the pursuit of happiness.
• However, unchecked private power, particularly in economic matters, can also threaten individual freedom.
• The concentration of economic power in the hands of a few individuals, as seen in highly capitalist societies, can lead to a new feudalistic order.
• After providing guarantees against a totalitarian system through fundamental rights, the framers of the Constitution focused on preventing private capitalist concentration of economic power.
• The Directive Principles aim to ensure the diffusion of economic power among different sections of society, preventing domination by a few.
• They provide guidelines for the State and its agencies to follow when framing policies related to various state activities.

Fundamental Duties

1. To abide by the Constitution and respect the national flag and the national anthem.
2. To cherish the noble ideals which inspired our struggle for freedom.
3. To uphold the sovereignty, unity, and integrity of the country.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood among all the people of India.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment, including lakes, rivers, wildlife, and have compassion for living creatures.
8. To develop the scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and abjure violence.
10. To strive to achieve excellence in all spheres of individual and collective life so that the nation makes progress.
11. To provide opportunities for education to his child or ward between the ages of six and fourteen years.

Judicial Independence

Government of Laws, Not of Men:

• Throughout history, the ideal has been to live under a government governed by laws, not by the whims of individuals.
• Equal justice under the law is a cherished ideal, where the law applies to all individuals equally.

Striving for Impartial Justice:

• Humanity has always strived to escape from systems where justice is dispensed based on political or religious ideologies or personal whims of those in power.
• The fundamental principle established is that no judiciary can be impartial unless it is independent.

Principle of Judicial Independence:

• The principle of judicial independence is of utmost importance.
• Judicial processes lose their judicial nature when those who seek to judge are not independent of external influences.
• Judicial independence ensures that judges can make decisions based on law and evidence, free from outside pressures.

Parliamentary System

Preference for Parliamentary System:

• The framers of the Indian Constitution preferred a parliamentary system of government.
• They believed that India's nascent democracy could not afford confrontation between separate and independent executive and legislative branches.

Role of the President and Union Council of Ministers:

• The President of India is the constitutional head of the Union Executive.
• However, the President exercises executive power in accordance with the advice of the Union Council of Ministers.
• The real executive power thus lies with the Council of Ministers, with the Prime Minister as the head.
• The Council of Ministers is collectively responsible to the Lok Sabha (House of the People).

Similarity in State Governments:

• The relationship between Governors and Council of Ministers in the States follows a similar pattern to the Union government.

Basis of Parliamentary System:

• The parliamentary system in both the Centre and the States is based on adult suffrage.
• All citizens of India who are at least 18 years old and not otherwise disqualified by the Constitution or any law have the right to vote.
• This system is considered a bold political experiment given India's vastness, large population, poverty, and illiteracy.

Federal And Unitary Features

Description as a Union of States:

• The word 'federation' is not used in the Indian Constitution; instead, India is described as a Union of States.
• Provinces and princely States were not sovereign entities before joining the federation.
• States are not 'inviolable' or 'indestructible' as in the USA; Parliament can change or alter state boundaries by law.
• No state has the right to secede from the Union.

Basic Federal Features:

• India has two governments at the national and state levels, with a clear distribution of powers.
• Both the State and Union Governments derive their authority from the Constitution.
• The supremacy of the Republic lies with the Constitution itself.
• The judiciary has the power to interpret the Constitution, upholding its legal supremacy.
• Indian Constitution has four federal features:
  • Clear division of powers between governments
  • Dual system of government
  • Supremacy of the Constitution
  • Authority of the judiciary to interpret the Constitution

Inequality Among States:

• Not all constituent States of the Union are equal; Union Territories do not enjoy the same status as States.
• Unlike the U.S., Indian Constitution does not provide safeguards for the protection of States' rights.
• Most states do not have their own Constitution, except Jammu & Kashmir.
• States' consent is necessary for only a few specific matters in India, unlike the U.S. where consent is vital for many amendments.

Differences with U.S. Constitution:

• In the Indian Constitution:
  • The Governor can reserve a Bill for Presidential assent.
  • State Governors have specific roles and functions.
  • Emergency provisions for national, financial emergencies, and President's rule exist.
  • Parliament can legislate for the States.
  • Uniform All-India Services.
  • Single and uniform citizenship.
  • Uniform and integrated judicial system.
• Indian Constitution's distribution of legislative, administrative, and financial powers has a unitary bias compared to the U.S.

Lengthy And Legalistic Document

Length and Legalistic Nature:

• The Indian Constitution is one of the lengthiest and most legalistic constitutional documents adopted by any country.
• It draws from a variety of sources, contributing to its extensive nature.
• Constitution-makers ensured no element of uncertainty was left, leading to detailed codification of relationships between the Union and States, State interests, justiciable and non-justiciable rights, and fundamental duties.
• The Constitution is not only a legal document but also an instrument of social change, necessitating detailed provisions to withstand any future situations.
• Care has been taken to prevent subversion or perversion of the Constitution by any future government, leading to numerous in-built constitutional safeguards.

Sources and Borrowings:

• The Indian Constitution borrows heavily from a variety of sources.
• Part of its legalistic nature is due to significant borrowings from the Government of India Act of 1935.
• The Constitution also incorporates temporary, transitional, and special provisions for states like Jammu and Kashmir.
• It addresses regional problems in various states such as Gujarat, Maharashtra, Andhra Pradesh, Sikkim, Assam, Nagaland, and Manipur.

Flexibility Of The Constitution

Amendability:

• The Indian Constitution has been amended over a hundred times, indicating its flexibility.
• It is considered more flexible than the American Constitution.
• Amendments to most provisions require a two-thirds majority of each House of Parliament.
• Some provisions require ratification by half of the State Legislatures.
• Many provisions can be altered or modified by a simple majority in Parliament.
• The Constitution can also be supplemented by simple legislation such as the Citizenship Act, National Security Act, and Untouchability Act.

Growth of Conventions:

• The flexibility of the Constitution is enhanced by the scope for the growth of conventions to supplement it.
• Conventions govern various aspects such as the privileges and rights of the legislature, the functioning of the cabinet system, and the status of the Cabinet Secretariat.

Single Citizenship

Single Citizenship:

• In a federation, there is usually double citizenship where a citizen belongs to the State in which they are born and also enjoys citizenship rights of the Federation.
• However, in India, there is single citizenship.
• Citizens belong to the Indian Union and not to any specific state.

Intention behind Single Citizenship:

• The provision for single citizenship for the whole of India was likely intentional.
• The constitution framers aimed to avoid regionalism and other disintegrating tendencies.
• They believed that double citizenship might encourage people to think more in terms of their state rather than the country as a whole.
• Single citizenship has helped forge a sense of unity among the people of India.
• It reflects the image of a united India and contributes to emotional and national integration.

Emergency Provisions

Emergency Provisions:

• The Constitution of India includes provisions for emergencies when it becomes impossible to run the administration of the country or a part of it in accordance with normal procedures.
• An emergency can be financial or political.
• During an emergency:
  • Fundamental rights are suspended.
  • Courts can refuse to entertain petitions for the enforcement of these rights.
  • The federal setup practically becomes unitary, with no bills introduced in the legislature without the prior permission of the head of state.
• The President or Governor has the exclusive authority to declare an emergency based on the need and necessity.

Instances of Emergency:

• India declared emergencies in:
  • 1962 when China invaded India.
  • 1965 and 1971 when Pakistan invaded the country.
  • 1975, an internal emergency was declared, leading to censorship of the press and far-reaching changes with the Forty Second Constitution Amendment Act.
  • This emergency was lifted in 1977.

Amendments and Changes:

• The Constitution's emergency provisions were amended by the Constitution Forty-Fourth Amendment Act, making it difficult for any Prime Minister to declare an internal emergency.
• The federal features of the Constitution have been weakened over the years due to centralizing influences.
• The Parliamentary executive has become assertive, especially due to one dominant political party.
• Changes in the Constitution include the deletion of the "Right to Property" from the chapter on Fundamental Rights.
• The judiciary's role is evolving due to growing radicalism and the need for social justice.
• The Directive Principles, though not justiciable, have become important.
• Many transitional provisions have been dropped.
• Conventions in the country are also changing, affecting the temper of the Constitution.

Philosophy of Constitution

Objectives Resolution:

• Adopted on January 22, 1947, by the Constituent Assembly.
• Contains fundamental propositions guiding the Constitution's deliberations.
• Main principles include:
  • India as an independent, sovereign republic.
  • Democratic union with equal self-government in all parts.
  • Authority derived from the people.
  • Guarantee of justice based on social, economic, and political equality.
  • Freedom of thought, expression, belief, faith, worship, vocation, association, and action.
  • Just rights for minorities, backward, and tribal areas.
  • Ensuring India's due place in the community of nations.

Philosophical Foundations in the Constitution:

• Secularism:

  • People of all religions have freedom of worship.
  • Equal treatment for all religions.
  • Added the term "secularism" to the Preamble through the 42nd Amendment in 1976.

• Democracy:

  • Modeled after Western democracy.
  • Periodic elections for a government chosen by the people.
  • Economic and social aspects of democracy reflected in Directive Principles of State Policy.

• Sarvodaya:

  • Welfare of all, not just the majority.
  • Mahatma Gandhi's concept of achieving welfare for all.
  • Reflected in the Preamble and Directive Principles.

• Socialism:

  • Roots in Vedanta philosophy.
  • National freedom struggle aimed for socialism.
  • Directive Principles include democratic socialism.
  • Added "socialism" to the Preamble through the 42nd Amendment.

• Humanism:

  • Regards humanity as one big family.
  • Advocates resolving disputes through negotiations.
  • Reflected in Directive Principles.

• Decentralization:

  • Practiced through the Panchayat system.
  • Gandhi advocated decentralization.
  • Panchayati Raj system and cottage industries reflect this.

• Liberalism:

  • Refers to self-government, secularism, nationalism, economic reforms, etc.
  • Advocated by modern Indian leaders.

• Mixed Economy:

  • Co-existence of private and public sectors.
  • Public sector for large-scale and essential industries.

• Gandhism:

  • Ethical and moral principles.
  • Non-violence, truth, untouchability, cottage industry, prohibition, adult education, village upliftment.
  • These principles integrated into the Constitution.