Revision Notes Salient Features of the Indian Constitution - Indian Polity

Salient Features of The Indian Constitution

The framers of the Constitution drew selectively from various foreign constitutions to adopt provisions that suited India's needs and to avoid foreseeable defects. The resulting document is detailed, pragmatic and adapted to India's geographical size, social diversity and historical conditions. It lays down the structure of government at both the Centre and the States and prescribes the rights and duties of citizens.

The Constitution incorporates several important elements from foreign sources:

• Fundamental Rights-modelled largely on the American Constitution.
• Directive Principles of State Policy-drawn from the Constitution of Ireland.
• Emergency provisions-inspired in part by the emergency machinery of Germany (Weimar Republic) and lessons from the Government of India Act, 1935.
• The parliamentary system of government is modelled on the British parliamentary tradition, adapted to India's federal structure.

The Constitution is the lengthiest written constitution in the world in terms of provisions and details. Currently it consists of 448 Articles, divided into 25 Parts, and 12 Schedules. Many detailed provisions (for judiciary, services, elections, local government etc.) were included to ensure stability for an infant democracy and to meet India's specific administrative needs.

Parliamentary Form of Government

National emblem of India

India has a parliamentary form of government at both the Centre and the States. The model is essentially British, with important adaptations for a federal polity.

• The President is the constitutional head of the Union; the Governor is the constitutional head of each State. These are largely nominal and act on the aid and advice of the Council of Ministers.
• Real executive authority rests with the Council of Ministers, headed by the Prime Minister at the Centre and by the Chief Minister in the States.
• The Council of Ministers is collectively responsible to the directly elected lower house - the Lok Sabha at the Centre and the Legislative Assembly in the States.
• Cabinet members are usually drawn from the legislature; thus the executive is accountable to the legislature and must maintain its confidence.
• The Parliament at the Centre is bicameral - the Lok Sabha (directly elected; confidence-bearing) and the Rajya Sabha (a permanent house representing States). Some States have unicameral legislatures while others have bicameral legislatures (Legislative Assembly and Legislative Council).

Written and Lengthy Constitution with a Unique Blend of Rigidity and Flexibility

The Constitution of India is a written constitution and combines elements of rigidity and flexibility.

• Some provisions can be amended by a simple majority of Parliament, many require a special majority (as prescribed under Article 368), and certain amendments affecting the federal structure require, in addition, ratification by at least one-half of the State Legislatures.
• This threefold procedure (ordinary law, special majority, special majority plus state ratification) gives the Constitution the necessary flexibility for governance and sufficient rigidity to protect its essential features.
• The Supreme Court, in its constitutional jurisprudence, has held that Parliament cannot use the amendment power to destroy the basic structure of the Constitution. The Basic Structure Doctrine (e.g., supremacy of the Constitution, rule of law, separation of powers, judicial review, federalism, secularism, democracy) acts as an implied limitation on amendment power.

Fundamental Rights (Part III)

Part III (Articles 12-35) contains the Fundamental Rights, a charter intended to protect individual liberties and to ensure the fullest development of human personality. These rights are enforceable in a court of law.

• Major groups of Fundamental Rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
• The State is prohibited from making laws which abridge these rights except under reasonable restrictions specified within various rights themselves for reasons of public order, morality, security of the State, etc.
• The Supreme Court can issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto to enforce Fundamental Rights.
• Fundamental Rights are not absolute; they must be balanced against the rights of others and public interest, as specified in the Constitution.

Directive Principles of State Policy (Part IV)

Part IV (Articles 36-51) lists the Directive Principles of State Policy (DPSPs). These principles are guidelines to the government for framing policies aimed at securing social, economic and political justice, and for establishing a welfare state.

• DPSPs are non-justiciable-they are not enforceable by courts. Failure to implement them cannot be challenged in a court of law.
• Despite non-justiciability, DPSPs have influenced legislation and judicial interpretation; courts may read them into the Constitution to give effect to social and economic rights and to test the reasonableness of laws.
• DPSPs aim at goals such as equitable distribution of resources, promotion of welfare, securing a living wage, health and education, and protection of the environment.

A Federation with Unitary Features

India is described as a quasi-federal or a federation with strong unitary features. While federal in structure, the Constitution contains significant unitary elements to preserve national unity and ensure effective governance.

• There is a division of powers between Centre and States by three lists in the Seventh Schedule: Union List, State List, and Concurrent List.
• In several respects the Constitution favours the Centre: residuary powers of legislation vest in the Centre, Parliament can legislate on State subjects in certain emergencies (Article 250), and the Union can issue directions to States in special circumstances (Article 353).
• During national emergencies the Constitution acquires stronger unitary features: Parliament gains power to legislate on State subjects; financial and executive relations may be modified (Articles 352, 356, 360; and Articles 250, 353, 354 governing specific powers during emergencies).
• Other unitary features include single citizenship, an integrated judicial system with the Supreme Court at the apex, all-India services and a strong role for the Union in fiscal matters.

Universal Adult Suffrage

India adopted universal adult suffrage. Every citizen who is 18 years or above is entitled to vote in elections to Parliament and State Legislatures. The voting age was reduced from 21 to 18 by the Sixty-first Amendment Act, 1988. The right to vote is guaranteed by Article 326 and is exercisable on the basis of adult suffrage without discrimination based on sex, property, religion, race or education.

Independent Judiciary and Judicial Review

An independent and impartial judiciary is a cornerstone of the Constitution. The judiciary acts as the custodian of the Constitution and protects Fundamental Rights through the power of judicial review.

• The Supreme Court and High Courts have been vested with the authority to test the constitutionality of legislative and executive action.
• Fundamental Rights can be enforced directly via Article 32 (Supreme Court) and Article 226 (High Courts).
• Judicial independence is safeguarded by provisions such as secure tenure and fixed procedures for removal of judges, and control over the judicial appointment process has evolved through constitutional practice and judicial pronouncements.

Secular State

The Constitution declares India a secular state. The State maintains an attitude of equal respect towards all religions, and the Constitution guarantees freedom of religion under Articles 25-28. These provisions secure freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality and health.

• Secularism in India means no official state religion, equal treatment of all religions by the State and protection of religious freedom subject to reasonable restrictions.
• Property rights and related matters are regulated by law; for example, the right to property is protected under Article 300A (subject to law).

Fundamental Duties (Article 51A)

Part IVA (Article 51A), introduced by the 42nd Amendment Act, 1976, lists ten Fundamental Duties for citizens; the 86th Amendment Act, 2002 added an eleventh duty relating to providing education to children. These duties are moral and civic obligations and are non-justiciable, but courts may have regard to them while interpreting Fundamental Rights and reasonableness of laws.

The Prevention of Insults to National Honour Act, 1971 makes certain acts of disrespect to the national flag and Constitution punishable.

Other Important Features

• Single citizenship - all citizens of India are citizens of the Union and of the State where they reside.
• All-India Services - to ensure administrative unity, the Constitution provides for services common to the Centre and States (e.g., IAS, IPS).
• Bicameralism at the Centre - Lok Sabha and Rajya Sabha - and powers of Parliament to create or abolish Legislative Councils in States under specified conditions (Article 169).
• Amendment procedure - flexibility combined with checks: simple majority, special majority, and special majority with state ratification for specified provisions (Article 368).

Facts to be Remembered (Panchayati Raj and Local Government)

Names of presiding officers of Gram Panchayats in different states:

• Pardhan - Assam, Kerala and Tamil Nadu.
• Sarpanch - Andhra Pradesh, Gujarat, Jammu & Kashmir, Madhya Pradesh, Maharashtra, Odisha, Punjab and Rajasthan.
• Mukhiya - Bihar and Odisha.
• Sabhapati - West Bengal.
• Pradhan - Uttar Pradesh.

Tenure of Panchayats (Article 243E)

• Default tenure of a Panchayat is five years, but the actual term varies in some states.
• Examples of variation: 
  Three years - Andhra Pradesh, Odisha and Rajasthan; 
  Four years - Assam, Gujarat, Jammu & Kashmir, Maharashtra and West Bengal; 
  Five years - Kerala, Madhya Pradesh, Tamil Nadu, Karnataka, Haryana, Punjab and Uttar Pradesh.
• In Bihar historically there have been varying terms across categories of panchayats (Prathama Varga, Dvitiya Varga, Tritiya Varga) with terms of five, four and three years respectively; however, the 73rd Constitutional Amendment standardised local government provisions and fixed the normal term at five years.

Panchayat Samiti and other intermediate-tier names:

• Names include 
  Panchayat Samiti (Andhra Pradesh, Bihar, Maharashtra, Odisha, Rajasthan), 
  Kshetra Samiti (Uttar Pradesh), 
  Anchalik Panchayat (Assam), 
  Anchalik Parishad (West Bengal), 
  Taluk Panchayat (Gujarat), 
  Japapada Panchayat (Madhya Pradesh), 
  Taluk Development Board (Karnataka), and 
  Panchayat Union Council (Tamil Nadu).
• The term of office for members of Panchayat Samitis is normally fixed at five years.