Constitution of india(salient features)

A short lecture on constitution of india and its important features.

1.Lengthiest written constitution

Four factors have contributed to the elephantine size of our Constitution.
They are:
(a) Geographical factors, that is, the vastness of the country and its diversity.
(b) Historical factors, e.g., the influence of the Government of India Act of
1935, which was bulky.
(c) Single Constitution for both the Centre and the states except Jammu and
Kashmir4
.
(d) Dominance of legal luminaries in the Constituent Assembly.
The Constitution contains not only the fundamental principles of
governance but also detailed administrative provisions. Further, those matters
which in other modern democratic countries have been left to the ordinary
legislation or established political conventions have also been included in the
constitutional document itself in India.

2. Drawn From Various Sources

The Constitution of India has borrowed most of its provisions from the
constitutions of various other countries as well as from the Government of
India Act5
of 1935. Dr B R Ambedkar proudly acclaimed that the
Constitution of India has been framed after ‘ransacking all the known
Constitutions of the World'

3. Blend of Rigidity and Flexibility.

Constitutions are also classified into rigid and flexible. A rigid Constitution is
one that requires a special procedure for its amendment, as for example, the
American Constitution. A flexible constitution, on the other hand, is one that
can be amended in the same manner as the ordinary laws are made, as for
example, the British Constitution.
The Constitution of India is neither rigid nor flexible but a synthesis of
both. Article 368 provides for two types of amendments.

4. Federal System with Unitary Bias.

The Constitution of India establishes a federal system of government. It
contains all the usual features of a federation, viz., two government, division
of powers, written Constitution, supermacy of Constitution, rigidity of
Constitution, independent judiciary and bicameralism.
However, the Indian Constitution also contains a large number of unitary
or non-federal features, viz., a strong Centre, single Constitution, single
citizenship, flexibility of Constitution, integrated judiciary, appointment of
state governor by the Centre, all-India services, emergency provisions, and so
on.

5. Parliamentary Form of Government

The Constitution of India has opted for the British parliamentary System of
Government rather than American Presidential System of Government. The
parliamentary system is based on the principle of cooperation and co-
ordination between the legislative and executive organs while the presidential
system is based on the doctrine of separation of powers between the two
organs.
The parliamentary system is also known as the ‘Westminster’10 model of
government, responsible government and cabinet government. The
Constitution establishes the parliamentary system not only at the Centre but
also in the state.

6. Integrated and Independent Judiciary

The Indian Constitution establishes a judicial system that is integrated as well independent The Supreme Court stands at the top of the integrated judicial system in the
country. Below it, there are high courts at the state level. Under a high court,
there is a hierarchy of subordinate courts, that is, district courts and other
lower courts. This single system of courts enforces both the central laws as
well as the state laws, unlike in USA, where the federal laws are enforced by
the federal judiciary and the state laws are enforced by the state judiciary.

7. Fundamental Rights.

Part III of the Indian Constitution guarantees six11 fundamental rights to all
the citizens:
(a) Right to Equality (Articles 14–18),
(b) Right to Freedom (Articles 19–22),
(c) Right against Exploitation (Articles 23–24),
(d) Right to Freedom of Religion (Articles25–28),
(e) Cultural and Educational Rights (Articles 29–30), and
(f) Right to Constitutional Remedies (Article 32).
The Fundamental Rights are meant for promoting the idea of political
democracy. They operate as limitations on the tyranny of the executive and
arbitrary laws of the legislature. They are justiciable in nature, that is, they
are enforceable by the courts for their violation. The aggrieved person can
directly go to the Supreme Court which can issue the writs of habeas corpus,
mandamus, prohibition, certiorari and quo warranto for the restoration of his
rights.

8. Directive Principles of State Policy
According to Dr B R Ambedkar, the Directive Principles of State Policy is a
‘novel feature’ of the Indian Constitution. They are enumerated in Part IV of
the Constitution. They can be classified into three broad categories—
socialistic, Gandhian and liberal–intellectual.
The directive principles are meant for promoting the ideal of social and
economic democracy. They seek to establish a ‘welfare state’ in India.