Salient Features of the Indian Constitution
Introduction
The Constitution of India, adopted on 26th November 1949 and enforced on 26th January 1950, is the supreme law of the country. It provides the legal, political, and administrative framework of the nation. As the longest-written constitution in the world, it incorporates a blend of flexibility and rigidity, making it adaptable to changing times while maintaining its core principles.
The Indian Constitution draws inspiration from various global constitutions but remains unique in its structure and ideology. Its salient features make it a comprehensive and progressive document that ensures democracy, justice, and fundamental rights for all citizens.
1. Lengthiest Written Constitution
The Indian Constitution is the longest in the world, with 470 Articles, 12 Schedules, and numerous amendments. It is comprehensive because it covers:
- Fundamental Rights and Duties
- Directive Principles of State Policy
- Detailed administrative and governance structures
- Union-State relations and emergency provisions
The vastness of the Constitution is due to India’s diverse population, multiple languages, cultures, and socio-economic conditions. It ensures that every aspect of governance is well-defined and legally protected.
2. Blend of Rigidity and Flexibility
Unlike the rigid U.S. Constitution, which is difficult to amend, or the flexible British Constitution, which can be changed by a simple parliamentary majority, the Indian Constitution strikes a balance.
- Some parts can be amended easily by a simple majority (e.g., changes in schedules).
- Other provisions require a special majority (e.g., Fundamental Rights).
- Certain amendments need ratification by half of the states (e.g., federal structure changes).
This flexibility allows the Constitution to evolve without compromising its basic structure.
3. Parliamentary System of Government
India follows a parliamentary democracy, inspired by the British model. It ensures:
- Collective responsibility of the executive to the legislature.
- Bicameral legislature at the Union level (Lok Sabha and Rajya Sabha).
- Separation of powers with an independent judiciary.
The Prime Minister is the head of the government, while the President is the constitutional head, acting on the advice of the Council of Ministers. This system ensures accountability, stability, and democratic representation.
4. Federal System with Unitary Bias
India follows a quasi-federal structure, meaning it has features of both federalism (like the USA) and unitary governance (like the UK).
- Federal features: Division of powers between the Centre and States, a written Constitution, and an independent judiciary.
- Unitary features: The Centre has more authority, especially during emergencies (Article 352, 356, 360), giving it the power to override state governments.
This structure ensures national unity while allowing regional autonomy, making governance efficient in a diverse country like India.
5. Fundamental Rights and Fundamental Duties
5.1 Fundamental Rights (Articles 12–35)
Inspired by the U.S. Bill of Rights, these rights protect citizens against state and individual violations. The six fundamental rights are:
- Right to Equality (Articles 14–18) – No discrimination based on caste, gender, religion, or race.
- Right to Freedom (Articles 19–22) – Freedom of speech, assembly, association, movement, residence, and profession.
- Right Against Exploitation (Articles 23–24) – Prohibition of forced labor and child labor.
- Right to Freedom of Religion (Articles 25–28) – Religious freedom for all citizens.
- Cultural and Educational Rights (Articles 29–30) – Protection of linguistic and cultural minorities.
- Right to Constitutional Remedies (Article 32) – Allows individuals to approach courts to enforce fundamental rights.
5.2 Fundamental Duties (Article 51A)
Added by the 42nd Amendment (1976), these duties remind citizens of their responsibility towards the nation. They include:
- Respecting the Constitution and national symbols.
- Promoting harmony and scientific temper.
- Protecting the environment.
Unlike Fundamental Rights, these duties are non-enforceable by law but serve as moral obligations.
6. Directive Principles of State Policy (DPSP) – Articles 36–51
Inspired by Ireland’s Constitution, DPSPs guide the government in policymaking. These are non-justiciable, meaning they cannot be enforced in courts but are fundamental for governance. They include:
- Socialist principles (welfare state, equal pay, worker rights).
- Gandhian principles (Panchayati Raj, cottage industries, prohibition of alcohol).
- Liberal-intellectual principles (uniform civil code, international peace, and environmental protection).
Although not legally binding, they influence policymaking and help in achieving social and economic democracy.
7. Secularism – Equal Respect for All Religions
India is a secular state (42nd Amendment, 1976), meaning:
- The state has no official religion.
- Citizens have the freedom to practice, propagate, and follow any religion.
- The government treats all religions equally and does not interfere in religious affairs.
Unlike Western secularism, which strictly separates religion and state, Indian secularism allows state intervention for religious reforms (e.g., banning untouchability, reforming personal laws).
8. Independent and Integrated Judiciary
The Supreme Court of India is the guardian of the Constitution and ensures the separation of powers. The judiciary is:
- Independent: Judges are appointed based on merit, have fixed tenures, and are not easily removed.
- Integrated: India follows a single judicial system, meaning Supreme Court > High Courts > District & Subordinate Courts.
The judiciary has the power of Judicial Review, allowing it to strike down unconstitutional laws.
9. Universal Adult Franchise and Elections
India follows universal adult suffrage, meaning every citizen above 18 years can vote irrespective of caste, gender, religion, or wealth. The Election Commission of India (ECI) conducts free and fair elections, ensuring a democratic system.
This feature empowers citizens and strengthens democracy by ensuring equal participation.
10. Emergency Provisions – Articles 352–360
The Constitution provides for three types of emergencies, allowing the Centre to take control in crises:
- National Emergency (Article 352): Declared in case of war, external aggression, or armed rebellion (e.g., 1975 Emergency).
- State Emergency (Article 356): If a state government fails to function, President’s Rule can be imposed.
- Financial Emergency (Article 360): Declared if India’s financial stability is threatened.
These provisions ensure national stability but can also be misused, as seen in the 1975 Emergency.
Conclusion
The Indian Constitution is a remarkable document that balances democracy, federalism, and governance principles while ensuring individual rights and national unity. Its adaptability through amendments allows it to evolve with time, making it one of the most progressive constitutions in the world.
