Salient features of Indian Constitution | Constitutional Law - CLAT PG PDF Download

The Lengthiest Constitution of the World 

• The Indian Constitution is among the most detailed and lengthy in the world, comprising  12 schedules  and  448 articles  . Its length is a reflection of India's diversity and the need to address various differences through comprehensive provisions.
• It draws inspiration from various global constitutions, adapting them to suit India's unique context.
• The  Government of India Act 1935  , a lengthy document itself, served as the parent document for the Indian Constitution. The framers deemed it necessary to include specific provisions to address the needs of states like  Assam  ,  Mizoram  , and  Nagaland  , as well as to uplift  Scheduled Castes  and  Scheduled Tribes  .

Establishment of a Sovereign, Socialist, Secular, Democratic Republic 

The Preamble of the Indian Constitution establishes the country as a  Sovereign  ,  Socialist  ,  Secular  ,  Democratic  , and  Republic  nation. It also emphasizes the principles of  Justice  ,  Liberty  ,  Equality  , and  Fraternity  .

Sovereignty 

• The term  Sovereignty  in the Preamble grants supreme power to the government, ensuring the authority of the people and the state's self-governance.
• It is divided into  Internal Sovereignty  (states governing themselves) and  External Sovereignty  (the government's authority over territory).

Secularism 

• Secularism  ,added by the 42nd amendment, promotes peace among various religions. It emphasizes that religion has no place in state matters, as established in court cases like  S.R. Bommai v. Union of India  and  Indira Nehru Gandhi v. Shri Raj Narain & Anr  .

Democracy 

• Democracy  empowers the people to govern themselves, with a representative government suitable for India's large population. The concept, as discussed in  Mohan Lal Tripathi v. District Magistrate  , is about governance by elected representatives.

Socialist 

• The term  Socialist  ,incorporated by the 42nd amendment, promotes equality and welfare among people. It aims to reduce income and status inequalities and ensure equality of opportunity and facilities. Influenced by leaders like  Jawaharlal Nehru  and  Jay Prakash Narayan  , socialism opposes capitalism and emphasizes economic policies supporting socialist principles.

Republic 

• The concept of  Republic  ,borrowed from the French Constitution, empowers people to elect their representatives. It ensures no hereditary rulers and mandates regular elections, with the  President of India  serving as an elected head of state for a fixed term.

Justice 

• The  Preamble  guarantees three types of justice:
•  Social Justice  : Ensures equal treatment of citizens and rule of law, preventing discrimination.
•  Economic Justice  : Focuses on gender equality, equal work opportunities, and wealth distribution.
•  Political Justice  : Ensures all citizens can participate in political processes.

Liberty and Fraternity

• Liberty and Fraternity are terms mentioned in the Preamble of the Indian Constitution.
• These terms were also significant during the French Revolution.

Parliamentary Form of Government 

• India follows a  bicameral legislature  system, with two houses in Parliament.
• In contrast,  Norway  has a  unicameral legislature  system with only one house.
• While  unicameral systems  make law-making easier, bicameral systems allow for more  discussions  and  deliberations  before laws are passed.
• Articles  74  and  75  of the Indian Constitution deal with the  Parliamentary system at the center  .
• Articles  163  and  164  concern the  Parliamentary system at the states  .
• Article  74  states that there should be a  Council of Ministers  with the  Prime Minister  , who aids and advises the  President  .
• Article  75  covers the  appointment of Ministers  and related provisions.

Parliamentary vs Presidential System 

• The  Presidential form of Government  is seen in countries like the  United States of America  , where the President is the head of state.
• In India, the  Parliamentary system  is preferred because it promotes  equal distribution of power  and prevents power from being concentrated in a single individual.
• The framers of the Indian Constitution avoided the  Presidential system  to ensure that the  executive and legislature  remained interdependent, preventing potential conflicts.

A Unique Blend of Rigidity and Flexibility 

• The  Indian Constitution  is unique because it combines both  rigidity and flexibility  in its amendment process.
• Unlike the  U.S. Constitution  , which is rigid and difficult to amend, the Indian Constitution is more adaptable.
• Despite being amended  103 times  , the Indian Constitution has certain  procedural safeguards  that must be followed for amendments.
• This balance of rigidity and flexibility contributes to the Constitution's length and complexity.

Fundamental Rights and Constitutional Remedies 

• The  Indian Constitution  , like those of the  USA  and  USSR  , includes a detailed  Bill of Rights  that guarantees various freedoms to citizens. These include the right to freedom, right to equality, right to religion, right against exploitation, and cultural rights.
• To enforce these rights, the Constitution provides  remedies under Article 32  , allowing the Supreme Court to issue writs such as  habeas corpus  ,  mandamus  ,  prohibition  , and  certiorari  . These writs help protect fundamental rights.
• If someone's fundamental rights are violated, they can approach the Supreme Court for relief under Article 32. This right to constitutional remedies cannot be suspended.
• Article 32 empowers the Supreme Court to issue directions, awards, or writs to enforce fundamental rights. There are five types of writs available under this Article to provide relief and enforce these rights.

Directive Principles of State Policy 

Part IV of the Indian Constitution addresses the Directive Principles of State Policy, which are essential guidelines for the State in making new laws. These principles are similar to the 'Instrument of Instructions' from the Government of India Act 1935 and serve as instructions for the legislature and executive when framing legislation.

A Federation with a Strong Centralising Tendency 

The Indian Constitution is characterized as a federation with a strong centralising tendency. It is neither purely federal nor unitary. The reasons for this classification include:

• Power Distribution:  The Centre holds more power than the States, evident from the Union list having more matters than the State list.
• Constitutional Authority:  Unlike federations like the U.S.A., where states can frame their own constitutions, India follows a single constitution for the entire country.
• Emergency Control:  During emergencies, States come under the control of the Centre.
• Judicial System:  There is a single system of courts enforcing both Central and State laws.
• Parliamentary Representation:  States do not have equal representation in Parliament, unlike federations such as the U.S.A.

Despite these unitary features, the Indian Constitution is considered federal because it has a written Constitution, and its supremacy is protected.

Adult Suffrage 

Adult suffrage grants every citizen above the age of eighteen the right to vote in elections without discrimination based on gender, caste, or religion. This provision, established in the sixty-first amendment (Constitution Act, 1988), lowered the voting age from twenty-one to eighteen years. Article 326 of the Indian Constitution guarantees this right.

An Independent Judiciary 

The judiciary plays a crucial role in upholding the Constitution and ensuring its provisions are followed. To maintain impartiality, the judiciary is designed to be independent. The  Supreme Court  , regarded as the guardian of democracy, operates under several provisions that ensure its independence:

• Judicial Appointments:  Judges are appointed without executive interference.
• Judicial Tenure:  Judges have secure tenures.
• Judicial Removal:  Removal of judges is governed by constitutional provisions.

A Secular State 

A secular state, as defined in the Indian Constitution, treats all religions equally and does not favor any particular religion. The Preamble emphasizes India's commitment to secularism. Fundamental rights guarantee citizens the freedom to practice their religion without coercion. Although the proposal for a uniform civil code to address religious differences is included in the Directive Principles of State Policy, it has not yet been implemented. Article 26 protects the right to manage religious affairs, preventing external interference. The Supreme Court has also extended protections under Article 26 to various religious denominations, such as Anandmargi, even if they are not recognized as separate religions.

Single Citizenship 

India provides single citizenship, meaning there is no separate citizenship for States and the Centre, unlike some federal countries like the U.S.A. Part 2 of the Indian Constitution, specifically Articles 5 to 11, governs citizenship. The  Citizenship Act, 1955  , amended in 2019, also addresses citizenship matters. Single citizenship ensures equal rights for individuals across the country. Article 5 explicitly states that individuals will be considered citizens of India, reinforcing the principle of single citizenship. Citizenship is primarily determined by the principle of  jus sanguinis  , where citizenship is based on the citizenship of the parents.

Fundamental Duties 

Article 51A of the Indian Constitution outlines various fundamental duties. Unlike fundamental rights, there are no specific legal provisions to enforce fundamental duties in courts. However, fundamental duties are considered equally important as fundamental rights. This was established in the case of  AIIMS Student Union vs AIIMS  .

Judicial Review 

Judicial review is a crucial aspect of the Constitution, ensuring its proper functioning. The judiciary acts as the guardian of the Constitution, responsible for checking actions that violate its provisions. Through judicial review, the judiciary can question the actions of the executive and legislature. This mechanism is an important part of the system of checks and balances within the separation of powers.

Courts authorized with judicial review can invalidate any act that contravenes the basic features of the Constitution. Articles 32 and 136 pertain to judicial review in the Supreme Court, while Articles 226 and 227 relate to judicial review in the High Court.