Salient Features of the Indian Constitution

The Indian Constitution, in simple words, is the operational handbook of our country. Our constitutional makers drafted it in the mid-20th century. They finalized the draft on 26 November 1949 but adopted the constitution on 26th January 1950. There are three pillars of the Constitution. They are judiciary, executive, and legislative. These three organs are interdependent. In India, people consider the Constitution supreme. All the mentioned pillars are subordinate to the Constitution.

Historical Context

Before enacting our Constitution, India’s governance operated under a special act known as the Government of India Act of 1935. The exercise of all the powers and functions used to rest with the British parliament. In 1946, The constituent assembly drafted the Constitution to turn our country into a free and democratic society. In a democratic country like India, our Constitution is of utmost importance.

Structure and Parts of the Indian Constitution

The Indian Constitution is divided into 25 parts, each containing several Articles. The framework of the Indian Constitution is formulated based on a structure. The complete framework is labeled as the “Doctrine of Basic Structure”. This doctrine of the constitution includes :

1. Separation of powers – The powers of the three organs, the executive, legislative, and judiciary, are divided. This ensures a system of checks and balances among the organs.
2. Fundamental rights – The Constitution also assures fundamental rights to citizens. This helps safeguard their liberties.
3. Federalism – The term “federalism” is the division of power between two bodies: the center and the states.
4. The Directive Principles of State Policy (DPSPs) – These principles provide the basis for adopting state laws.

Composition and Organization

The Indian Constitution further splits into a preamble, articles, schedules, and amendments.  This will help in ensuring key rights for its citizens. It also divides powers between the central government and states, creating a federal setup. Hence, dividing parts of the constitution and organizing them under various categories provides transparency.

Salient Features of the Indian Constitution

Longest Written Constitution

Indian constitution is considered to be one of the longest and most comprehensive constitutions in the world. There are 448 articles and 12 schedules in our constitution. The Indian Constitution incorporates many articles from other constitutions around the world.

Combination of Rigidity and Flexibility

India’s constitution has a special combination of rigidity and flexibility. The Constitution may be changed by Parliament, while some of its sections are unchangeable. 

In addition, the Constitution specifies a procedure for amending a document without consulting Parliament. Because of this, the Constitution is simultaneously hard and flexible. 

Autonomous Judiciary

One of the most significant provisions of the Indian Constitution is the guarantee of an independent judiciary. The Constitution establishes the Supreme Court as the highest in the nation. It also empowers the Supreme Court to examine and overturn legislation that conflicts with it.

Secularism

All religions are accorded equal weight under the Indian Constitution, which advocates for a secular state. Furthermore, it rejects acknowledging any one religion as the official religion of the state. In the Western definition, secularism refers to the complete separation of church and state. Consequently, the positive idea of secularism—that is, equal respect and protection for all religions—is embodied in the key provisions of the Indian Constitution.

Fundamental Rights and Duties

The bedrock of the Indian Constitution comprises fundamental rights, ensuring personal freedoms like equality and expression. Simultaneously, fundamental duties nurture civic responsibilities such as upholding the Constitution, forming unity, and safeguarding public property. Six fundamental rights offered by the Indian Constitution are :

• Right to Equality.
• Right Against Exploitation.
• Right to Freedom of Religion. 
• Right to Freedom. 
• Cultural and Educational Rights.  
• Right to Constitutional Remedies.

Directive Principles of State Policy

The Constitution of India includes provisions concerning the directive principles of state policy under Articles 36 – 51. The Indian Constitution borrowed the nature of the directive principles from the Irish Constitution.

Separation of Powers

The Constitution of India specifically deals with the country’s three main organs: the legislative, the executive, and the judiciary.

Federal Structure

Federalism means balancing the unity of the entire country with the autonomy of each state.

Preamble as a Guiding Light

The Preamble of the Constitution of India is a guiding light for the country. It discusses important ideas like fairness, freedom, equality, and togetherness.

Number of Articles in the Indian Constitution

Originally, there were 395 articles of the Constitution. At present, there are 448 articles so far. The division of the articles within the array of categories and subjects, including fundamental rights, Directive Principles of State Policy, Union and State Governments, Citizenships, parliament, Judiciary, Emergency Provisions, Tribunals, provisions for marginalized communities like Scheduled caste and Scheduled Tribes, Election Commission, Financial Relations, Amendments, etc.

Schedules of the Indian Constitution

There are a total of 12 schedules of the Indian constitution. The breakdown of the 12 schedules is as follows:

1. First Schedule- This schedule lists the names of states and union territories along with their territories.
2. Second Schedule- This schedule provides provisions relating to the allowances, privileges, etc., of the president, governors, and speakers of both houses.
3. Third Schedule: This schedule outlines the oaths and affirmations for elected officials and others.
4. Fourth Schedule-  This schedule assigns Rajya Sabha seats for each state and union territory.
5. Fifth Schedule- This schedule is related to administering minority communities like Scheduled Areas and Tribes in specific states.
6. Sixth Schedule- This schedule is about administering tribal areas in states like Assam, Meghalaya, Tripura, and Mizoram.
7. Seventh Schedule- This schedule divides the legislative subjects into three lists; Union, State, and Concurrent.
8. Eighth Schedule- This schedule lists 22 official languages recognized by the Constitution.
9. Ninth Schedule- This schedule involves state acts and regulations related to land reforms and eliminating the zamindari system.
10. Tenth Schedule- It discusses how elected members can be disqualified based on the defection.
11. Eleventh Schedule- This schedule includes the provisions relating to the powers and roles of panchayats.
12. Twelfth Schedule- This schedule deals with the powers and roles of municipalities.

Authors of the Indian Constitution

The Indian Constitution was primarily shaped by the visionary scholar Dr. B.R. Ambedkar. However, several remarkable leaders like Jawaharlal Nehru shared a deep vision for post-independence India and made vital contributions. Another influential figure, Sardar Patel, contributed administrative expertise in uniting princely states. 

Also Read:-

The Right Against Exploitation: Articles 23 and 24

Preamble of Indian Constitution | A Brief Overview

The 44th Amendment of the Indian Constitution: An Overview

Criticism of Salient Features of the Indian Constitution

• Ordinary citizens found the Indian constitution extremely complex and lengthy.
• The Constitution is both rigid and flexible. Since changes to the Constitution need a special majority in both houses of Parliament, it is challenging to reform it. However, the fact that lawmakers have altered the Constitution over 100 times suggests that it does not possess enough flexibility to meet the changing needs of the country.
• The Indian Constitution guarantees six fundamental rights to all citizens of India. However, some people have criticized these rights, claiming they are too restrictive and do not provide enough protection.
• The Constitution contains certain Directive Principles of State Policy (DPSPs) that guide the government in achieving social justice and economic development. However, the DPSPs are not legally enforceable and have been criticized for being ineffective.
• The Indian Constitution has emergency provisions that allow the central government to suspend fundamental rights and impose direct rule on the states during emergencies. However, their broad nature has raised concerns, and the government has used them to suppress dissent. It is important to ensure that we use the Constitution’s provisions to uphold the rights and freedoms of all individuals.

Role in Indian Polity

The constitution of India shapes how India is governed. This helps keep a balance so no one group becomes too strong. The Constitution also gives people rights and protections. It guides the branches of government – those who make laws, those who enforce them, and those who ensure they’re fair. Holding elections and keeping power separate ensures things are fair and everyone has a say. Overall, the Constitution makes sure India is run fairly and inclusively.

Conclusion

In wrapping up, the Constitution of India reflects the nation’s core values and goals. The Constitution’s balance of powers between all three organs helps keep the functions separate. This is to avoid any wrongs committed to the citizens and to care about their freedoms.  This perspective shows how well it works for a fair and equal society.

Frequently Asked Questions ( FAQ’s )