Indian Constitution Features: Basic Structure and More

The inception of the Indian Constitution is marked by its preamble, which encapsulates its ideals, objectives, and fundamental principles. The significant traits of the Constitution have originated both directly and indirectly from these guiding principles outlined in the preamble. While drawing inspiration from various global constitutions, India’s Constitution has tailored its framework to suit the nation’s requirements. Despite borrowing elements from diverse constitutional models, the Constitution of India boasts distinct features that set it apart from those of other nations.

Indian Constitution Features

The article provides a detailed examination of the 18 primary characteristics of the Constitution, offering comprehensive coverage of each feature.

Lengthiest Written Constitution

Constitutions can be categorized as either written, such as the American Constitution, or unwritten, as seen in the British Constitution.

• The Constitution of India holds the distinction of being the lengthiest and most detailed constitutional document ever produced globally. In essence, it stands as the lengthiest among all written constitutions worldwide, characterized by its comprehensive and elaborate nature.
• Several factors contribute to the extensive size of the Indian Constitution:
  -Geographical factors reflect the vastness and diversity of the country.
  -Historical influences, notably the weighty legacy of the Government of India Act of 1935.
  -Unification under a single constitution for both the Center and the states.
  The prominent role played by legal experts within the Constituent Assembly.
• The Constitution of India not only enshrines fundamental principles of governance but also includes intricate administrative provisions.
• It encompasses both justiciable and non-justiciable rights within its framework.

Drawn from Various Sources

• The Constitution of India draws extensively from various sources, including the constitutions of other nations and the Government of India Act of 1935. Approximately 250 provisions from the 1935 Act are incorporated into the Indian Constitution.
• Dr. B R Ambedkar proudly asserted that the Constitution of India was crafted after a thorough examination of “all the known Constitutions of the world.”
• The structural framework of the Constitution, to a significant extent, is influenced by the Government of India Act of 1935.
• The philosophical underpinnings of the Constitution, particularly regarding Fundamental Rights and the Directive Principles of State Policy, find inspiration from the American and Irish Constitutions, respectively.
• In terms of the political aspect, including the principle of Cabinet government and the dynamics between the executive and the legislature, the Constitution draws heavily from the British Constitution.

Blend of Rigidity and Flexibility

• Constitutions are categorized as either rigid or flexible.
• A rigid constitution necessitates a special procedure for its amendment, as exemplified by the American Constitution.
• Conversely, a flexible constitution permits amendments through the same process as ordinary laws, akin to the British Constitution.
• The Indian Constitution stands as a distinctive blend of both rigidity and flexibility.
• The classification of a constitution as rigid or flexible hinges on its amending procedure.
• The Indian Constitution offers three types of amendments, ranging from simple to the most arduous procedures, contingent upon the nature of the amendment.

Federal System with Unitary Bias

• The Constitution of India establishes a federal system of government.
• It encompasses typical federation features such as dual governments, power division, a written constitution, constitutional supremacy, constitutional rigidity, an independent judiciary, and bicameralism.
• Alongside federal characteristics, the Indian Constitution incorporates unitary or non-federal elements.
• These include a robust central authority, a singular constitution, central appointment of state governors, the existence of all-India services, and a unified judiciary.
• The term ‘Federation’ is not explicitly utilized within the Constitution.
• Article 1 denotes India as a ‘Union of States’, implying that the federation isn’t a result of state agreements and that no state holds the right to secede from the union.
• Consequently, the Indian Constitution is often described as ‘federal in form but unitary in spirit’ or deemed ‘quasi-federal’.

Parliamentary Form of Government

• The Constitution of India has chosen the British Parliamentary System of Government over the American Presidential system.
• The parliamentary system prioritizes cooperation and coordination between the legislative and executive branches.
• In contrast, the presidential system is founded on the principle of separation of powers between these two branches.
• The Constitution of India has chosen the British Parliamentary System over the American Presidential System of Government.
• The parliamentary system emphasizes cooperation and coordination between the legislative and executive branches.
• In contrast, the presidential system is founded on the doctrine of separation of powers between these two branches.

Synthesis of Parliamentary Sovereignty and Judicial Supremacy

• The sovereignty of Parliament is a cornerstone of the British Parliament, while judicial supremacy is associated with the American Supreme Court.
• In India, the parliamentary system diverges from the British model, and the Supreme Court’s scope of judicial review is narrower compared to the US.
• This distinction arises from the difference between the American Constitution’s provision for ‘due process of law’ and the Indian Constitution’s ‘procedure established by law’ (Article 21).
• Hence, the framers of the Indian Constitution aimed for a balanced synthesis between British parliamentary sovereignty and American judicial supremacy.
• Through its power of judicial review, the Supreme Court in India can declare parliamentary laws unconstitutional.
• Meanwhile, the Parliament can amend a significant portion of the Constitution through its constituent power.

Rule of Law

• According to this principle, individuals are governed by law rather than by individuals, acknowledging the fallibility of human judgment. This axiom is fundamental to democracy.
• Furthermore, the essence of democracy lies in the sovereignty of law. Custom, representing the collective habitual practices and beliefs of ordinary people over time, forms a crucial component of the law.
• Ultimately, the rule of law signifies the sovereignty of the collective wisdom of ordinary citizens. In addition to this fundamental meaning, the rule of law entails:
  -Absence of arbitrariness.
  -Guarantee of fundamental rights to each individual.
  -The highest judiciary serves as the ultimate authority in upholding the sanctity of the law of the land.
• The Constitution of India has enshrined this principle in Part III. To give substance to Article 14 (equality before the law and equal protection of laws), initiatives such as the promotion of Lok Adalats and the concept of “public interest litigation” by the Supreme Court have been introduced.
• Furthermore, under the current legal framework, any litigant has the right to present their case before the presiding judicial authority, either personally or with legal assistance provided by the judiciary.

Integrated and Independent Judiciary

• India boasts a single integrated judicial system.
• The Indian Constitution establishes an Independent Judiciary, ensuring the judiciary’s autonomy from the executive and legislative branches.
• The Supreme Court serves as the apex court of the judicial system.
• At the state level, High Courts hold authority over the Supreme Court.
• Beneath the High Courts, there exists a hierarchy of subordinate courts, including district courts and other lower courts.
• The Supreme Court functions as a federal court, serving as the highest court of appeal, safeguarding citizens’ fundamental rights, and upholding the Constitution.
• Various provisions within the Constitution are designed to ensure the independence of the Supreme Court.

Fundamental Rights

• Part III of the Indian Constitution guarantees six fundamental rights to all citizens.
• Fundamental Rights represent a crucial feature of the Indian Constitution.
• The Constitution upholds the principle that every individual is entitled to certain rights inherently, independent of any majority or minority dictate.
• No majority possesses the authority to revoke these rights.
• Fundamental rights serve to advance the concept of political democracy.
• They act as constraints on executive tyranny and arbitrary legislative laws.
• These rights are justiciable, meaning they can be enforced by courts in case of violations.

Directive Principles of State Policy

• Dr. B R Ambedkar regarded the Directive Principles of State Policy as a ‘novel feature’ of the Indian Constitution.
• These principles are outlined in Part IV of the Constitution.
• The inclusion of Directive Principles aims to ensure social and economic justice for the people of India.
• They strive to establish a welfare state, promoting equitable distribution of wealth and resources.
• Directive Principles are non-justiciable, meaning they cannot be enforced by courts.
• In the Minerva Mills case (1980), the Supreme Court emphasized the importance of maintaining a balance between Fundamental
• Rights and Directive Principles, stating that the Indian Constitution is founded on this equilibrium.

Fundamental Duties

• The original constitution did not incorporate the fundamental duties of citizens.
• Fundamental Duties were introduced to the Constitution through the 42nd Amendment Act of 1976, based on the recommendations of the Swaran Singh Committee.
• The 42nd Amendment Act outlined ten Fundamental Duties for all citizens of India.
• Subsequently, the 86th Constitutional Amendment Act of 2002 added one more fundamental duty.
• While rights are guaranteed to the people, duties represent obligations expected from every citizen.
• Similar to the Directive Principles of State Policy, fundamental duties are non-justiciable.
• In total, there are 11 Fundamental Duties outlined in the Constitution.

Indian Secularism

• The Constitution of India advocates for a secular state, abstaining from endorsing any particular religion as the official religion of the Indian State.
• Key features of a secular democracy as envisioned by the Constitution include:
• The State refrains from aligning itself with or being controlled by any religion.
• While individuals are guaranteed the freedom to practice any religion of their choice, including atheism or antagonism, the State does not grant preferential treatment to any religion.
• The State prohibits discrimination against individuals based on their religion or faith.
• Every citizen has an equal opportunity to hold office under the State, reflecting political equality, a core tenet of secularism.
• The aim is to establish a secular state in India, without implying an anti-religious stance.
• Unlike the Western concept of secularism, which emphasizes a complete separation between religion and the state (negative concept), the Indian Constitution embodies a positive concept of secularism, emphasizing equal respect and protection for all religions.
• Additionally, the Constitution abolishes the old system of communal representation while providing temporary reservation of seats for scheduled castes and scheduled tribes to ensure their adequate representation.

Universal Adult Franchise

• Indian democracy operates on the principle of ‘one person, one vote’.
• Every Indian citizen aged 18 or older has the right to vote in elections, regardless of caste, gender, race, religion, or social status.
• Political equality in India is ensured by the Indian Constitution through universal adult franchise.

Single Citizenship

• Unlike federal states like the USA, India adheres to a system of single citizenship.
• This means that every Indian citizen holds citizenship solely in India, irrespective of their place of residence or birth.
• Individuals do not hold citizenship of constituent states like Jharkhand, Uttarakhand, or Chhattisgarh; rather, they remain citizens of India.
• All Indian citizens have the right to seek employment anywhere in the country and enjoy equal rights across all regions.
• The Constitution framers deliberately chose single citizenship to combat regionalism and other divisive tendencies.
• Single citizenship has played a significant role in fostering a sense of unity among the diverse population of India.

Independent Bodies

• Unlike in some federal states like the USA, India has a system of single citizenship.
• Single citizenship means that every Indian is solely a citizen of India, regardless of their place of residence or birth.
• Individuals are not citizens of the constituent states, such as Jharkhand, Uttarakhand, or Chhattisgarh, but remain citizens of India.
• All Indian citizens have the right to seek employment anywhere in the country and enjoy equal rights across all regions.
• The Constitution makers intentionally chose single citizenship to combat regionalism and other divisive tendencies.
• Single citizenship has played a crucial role in fostering a sense of unity among the people of India.

Emergency Provisions

• The Constitution includes provisions for emergencies to address situations where normal governance may be disrupted.
• There are three types of emergencies outlined:
  -Emergency due to war, external aggression, or armed rebellion (Article 352).
  -Emergency resulting from the breakdown of constitutional machinery in states (Articles 356 & 365).
  -Financial emergency (Article 360).
• The rationale behind these provisions is to safeguard the sovereignty, unity, integrity, and security of the country, as well as the democratic political system and the Constitution.
• During an emergency, the central government assumes extensive powers, while the states come under the complete control of the central government.
• This transformation of the political system from federal (during normal times) to unitary (during an Emergency) is a distinctive characteristic of the Indian Constitution.

Three-tier Government

• Originally, the Indian Constitution established a dual polity, outlining the organization and powers of the Centre and the States.
• The 73rd and 74th Constitutional Amendment Acts of 1992 introduced a third tier of government, known as Local Government, which is unique and absent in other constitutions worldwide.
• The 73rd Amendment Act of 1992 granted constitutional recognition to panchayats (rural local governments) by adding a new Part IX and Schedule 11 to the Constitution.
• Similarly, the 74th Amendment Act of 1992 provided constitutional recognition to municipalities (urban local governments) by adding a new Part IX-A and Schedule 12 to the Constitution.

Co-operative Societies

• The 97th Constitutional Amendment Act of 2011 conferred constitutional status and protection upon cooperative societies.
• It introduced three key changes to the Constitution:
  Recognized the right to form cooperative societies as a fundamental right under Article 19.
  Included a new Directive Principle of State Policy regarding the promotion of cooperative societies under Article 43-B.
  Established a new Part IX-B in the Constitution titled “The Co-operative Societies,” consisting of Articles 243-ZH to 243-ZT.
• Part IX-B outlines various provisions aimed at ensuring democratic, professional, autonomous, and economically viable operations of cooperative societies in the country.
• It grants authority to the Parliament to legislate on matters concerning multi-state cooperative societies and delegates similar power to state legislatures for other cooperative societies.