Salient Features of the Indian Constitution

1. LENGTHIEST WRITTEN CONSTITUTION

The Indian Constitution is the world’s lengthiest written constitution. Initially, it comprised 395 articles, 22 parts, and 8 schedules. Over time, amendments have expanded it to 448 articles and 12 schedules. This comprehensive nature ensures detailed governance guidelines, accommodating India’s vast diversity.


2. SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC

The Preamble declares India as a sovereign, socialist, secular, democratic republic. Sovereignty signifies India’s complete autonomy. Socialism reflects the commitment to social and economic equality. Secularism ensures equal respect for all religions. Democracy denotes a government by the people, and republic indicates the head of state is elected.


3. PARLIAMENTARY SYSTEM OF GOVERNMENT

India adopts a parliamentary system, with the President as the nominal executive head and the Prime Minister as the real executive authority. This system, inspired by the British model, ensures collective responsibility of the executive to the legislature.


4. FEDERAL SYSTEM WITH UNITARY BIAS

The Constitution establishes a federal structure with a strong central government. It divides powers between the Centre and States but allows the Centre to assert authority during emergencies, reflecting a unitary bias.


5. FUNDAMENTAL RIGHTS

Part III guarantees fundamental rights to citizens, including the Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and Right to Constitutional Remedies (Article 32). These rights are enforceable by courts, ensuring protection against state actions.


6. DIRECTIVE PRINCIPLES OF STATE POLICY

Part IV outlines Directive Principles, guiding the state in policy-making to establish a just society. Although non-justiciable, they are fundamental in governance, aiming at social and economic democracy.


7. FUNDAMENTAL DUTIES

Article 51A lists fundamental duties for citizens, introduced by the 42nd Amendment in 1976. These duties promote a sense of responsibility among citizens towards the nation.


8. INDEPENDENT JUDICIARY

The Constitution ensures an independent judiciary, free from executive and legislative influence. The Supreme Court and High Courts have the power of judicial review to uphold the Constitution’s supremacy.


9. MIXTURE OF RIGIDITY AND FLEXIBILITY

While certain constitutional provisions require a special majority for amendment, others can be amended by a simple parliamentary majority. This balance allows adaptability without compromising fundamental principles.


10. SINGLE CITIZENSHIP

Unlike federal systems like the USA, where dual citizenship exists, the Indian Constitution provides for single citizenship, promoting national unity.


11. UNIVERSAL ADULT SUFFRAGE

Article 326 grants the right to vote to all citizens aged 18 and above, irrespective of caste, creed, religion, or gender, ensuring a democratic process.


12. EMERGENCY PROVISIONS

The Constitution provides for emergencies: National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360). These provisions enable the Centre to manage extraordinary situations effectively.


13. SECULARISM

The state maintains neutrality in religious matters, ensuring equal treatment of all religions without favoring or discriminating against any.


14. JUDICIAL REVIEW

The judiciary has the authority to review laws and executive actions to ensure they conform to the Constitution, safeguarding citizens’ rights.


15. BASIC STRUCTURE DOCTRINE

The Supreme Court, in the Kesavananda Bharati v. State of Kerala case (1973), established that while Parliament can amend the Constitution, it cannot alter its basic structure. This doctrine ensures the preservation of fundamental constitutional principles.


16. RESERVATION POLICY

The Constitution provides for reservation in education and public employment for Scheduled Castes, Scheduled Tribes, and Other Backward Classes to promote social equality.


17. PANCHAYATI RAJ SYSTEM

The 73rd Amendment introduced the Panchayati Raj system, establishing a three-tier structure of local self-governance in rural areas, empowering local bodies.


18. SCHEDULED AND TRIBAL AREAS

Special provisions exist for the administration of scheduled and tribal areas to protect the interests of indigenous communities.


19. LANGUAGE PROVISIONS

The Constitution recognizes Hindi and English as official languages and lists 22 scheduled languages, promoting linguistic diversity.


20. SPECIAL PROVISIONS FOR MINORITIES

Provisions exist to protect the cultural and educational rights of minorities, ensuring their development and preservation of heritage.


21. AMENDMENT PROCEDURE

Article 368 outlines the procedure for constitutional amendments, allowing adaptability to changing needs while protecting core principles.


22. JUDICIAL ACTIVISM

The judiciary has played an active role in interpreting the Constitution to expand rights and address social issues, exemplified by Public Interest Litigations (PILs).


23. PUBLIC INTEREST LITIGATION (PIL)

PIL allows individuals or groups to approach courts for public causes, enhancing access to justice and addressing societal issues.


24. SEPARATION OF POWERS

The Constitution delineates powers among the executive, legislature, and judiciary, ensuring checks and balances within the government.


25. RULE OF LAW

The principle of rule of law is upheld, ensuring that all actions are conducted according to established laws, maintaining order and justice.


26. SOCIAL JUSTICE

The Constitution aims to promote social justice, striving to create an equitable society by addressing inequalities.

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