SALIENT FEATURES OF INDIAN CONSTITUTION
The Indian Constitution is a comprehensive document that outlines the framework for the governance of India. Here are some of its salient features:
Federal Structure: India has a federal system of government with a division of powers between the central government and the states. The Constitution delineates the powers and responsibilities of each level of government, providing a clear demarcation of authority.
Parliamentary System: The Indian Constitution establishes a parliamentary system of governance. This means that the executive branch (the Prime Minister and the Council of Ministers) is accountable to the legislature (Parliament) and must maintain the confidence of the majority of its members.
Democratic Republic: India is a democratic republic, which means that its head of state (the President) is elected, and the country is governed by elected representatives of the people.
Secular State: The Constitution declares India as a secular state, ensuring that the government does not favor or discriminate against any religion. Freedom of religion is guaranteed to all citizens.
Fundamental Rights: The Constitution provides for a set of Fundamental Rights (Part III), which include the right to equality, freedom of speech and expression, protection against discrimination, and the right to constitutional remedies. These rights are justiciable, meaning individuals can approach courts if these rights are violated. Part III of the Indian Constitution guarantees six categories of fundamental rights. These are:
— Right to Equality — Articles 14 to 18;
— Right to Freedom — Articles 19 to 22;
— Right against Exploitation — Articles 23 and 24;
— Right to Freedom of Religion — Articles 25 to 28;
— Cultural and Educational Rights — Articles 29 and 30;
— Right to Constitutional Remedies — Articles 32
Directive Principles of State Policy: The Directive Principles (Part IV) outline the goals and objectives that the state should strive to achieve, such as ensuring social and economic justice, promoting the welfare of the people, and guiding legislation. Although they are not justiciable, they serve as a framework for making laws and policies.
Independent Judiciary: The Constitution provides for an independent judiciary, with the Supreme Court at the apex. This ensures that the judiciary can function without interference from the executive or legislative branches and upholds the rule of law.
Bicameral Legislature: The Indian Parliament is bicameral, consisting of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This structure ensures the representation of both the general population and the states.
Single Citizenship: India provides for single citizenship, meaning that all Indians are citizens of India regardless of the state or territory in which they reside.
Universal Adult Suffrage: The Constitution grants the right to vote to all adult citizens, regardless of gender, caste, religion, or socio-economic status. Every citizen over the age of 18 has the right to vote, ensuring a democratic representation of the people’s will.
Emergency Provisions: The Constitution includes provisions for emergencies (national, state, and financial) that allow the central government to assume greater powers to deal with crises. These provisions ensure the stability and security of the nation during exceptional circumstances. The Constitution provides for three types of emergencies: National Emergency, State Emergency (President’s Rule), and Financial Emergency. During these emergencies, certain provisions of the Constitution can be suspended or altered. The three types are as follows –
1. Article 352 – National Emergency
2. Article 356 – President’s Rule
3. Article 360 – Financial Emergency
Amendment Procedure: The Constitution provides a detailed procedure for amendments, allowing for flexibility and adaptation to changing circumstances. Amendments can be made by Parliament, with varying levels of consent required depending on the nature of the change.
Sovereignty and Integrity: The Constitution upholds the sovereignty and integrity of India, ensuring that the country remains united and indivisible.
These features collectively ensure that India functions as a democratic, secular, and federal republic, with a framework that balances the powers of different branches of government, protects individual rights, and promotes social justice.
