Notes

Features of Our Constitution

Short, exam-focused revision notes. Read a section, then test yourself with a quiz.

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Features of Our Constitution

The Indian Constitution, originally adopted on November 26, 1949, and coming into effect on January 26, 1950, is the lengthiest written constitution in the world. It contained a Preamble, 395 Articles (divided into 22 Parts), and 8 Schedules. Over time, the Constitution has undergone numerous amendments to address the changing needs of the country.

Structure and Features:

  • Length and Complexity: The Constitution’s length and complexity are influenced by the vastness and diversity of the country, historical influences like the Government of India Act of 1935, the presence of a single Constitution for both the Centre and the states, and the involvement of legal luminaries in its drafting.
  • Blend of Rigidity and Flexibility: Article 368 provides a process for amending the Constitution through a special majority of Parliament and, in some cases, ratification by half of the states.
  • Federal System with Unitary Bias: The Constitution establishes a federal system of government with a unitary bias, including a strong Centre, single Constitution, single citizenship, and emergency provisions. It avoids using the term 'federation,' referring instead to India as a 'Union of States,' implying that no state has the right to secede.
  • Parliamentary Form of Government: This system includes a nominal head of state (the President) and a real head of government (the Prime Minister), a majority party rule, collective responsibility of the executive to the legislature, ministerial membership in the legislature, and the dissolution of the lower house when necessary.
  • Synthesis of Parliamentary Sovereignty and Judicial Supremacy: The Constitution balances the sovereignty of Parliament and the supremacy of the judiciary. The Supreme Court serves as the guardian of the Constitution and the highest court of appeal.
  • Integrated and Independent Judiciary: The Indian judicial system is integrated and independent, with the Supreme Court at the top, followed by high courts and subordinate courts. This system enforces both central and state laws.
  • Fundamental Rights: Part III of the Constitution guarantees six fundamental rights to citizens: the right to equality, freedom, protection from exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies. These rights can be suspended during a National Emergency, except for rights under Articles 20 and 21.
  • Directive Principles of State Policy: Part IV, Articles 36–51, outlines guidelines for the government to frame policies aiming at the welfare and betterment of the citizens.
  • Fundamental Duties: Introduced by the 42nd Amendment in 1976 and expanded by the 86th Amendment in 2002, Article 51-A lists eleven fundamental duties for citizens.
  • Secular State: The Constitution upholds secularism, avoiding any official state religion. The term ‘secular’ was added to the Preamble by the 42nd Amendment.
  • Universal Adult Franchise: The voting age was lowered from 21 to 18 years by the 61st Amendment Act of 1988, granting the right to vote to all citizens over 18 regardless of caste, race, religion, sex, or literacy.
  • Single Citizenship: India has a single citizenship for the entire country.
  • Independent Bodies: The Constitution establishes independent bodies such as the Union Public Service Commission, Election Commission, and the Comptroller and Auditor General of India.
  • Emergency Provisions: The Constitution allows for three types of emergencies: national emergency (on grounds of war, external aggression, or armed rebellion), state emergency (President’s Rule on the ground of failure of constitutional machinery in a state), and financial emergency (on the ground of a threat to India’s financial stability).
  • Three-tier Government: The Constitution provides for a three-tier system of governance with the inclusion of Panchayats and Municipalities for local governance.
  • Co-operative Societies: The 97th Amendment in 2011 granted constitutional status and protection to co-operative societies and introduced provisions to support their promotion.
In sum, the Indian Constitution serves as the foundational document guiding the governance of the country, ensuring the protection of citizens' rights and balancing the needs of the Union and the states. Its complexity and depth reflect the challenges of governing a diverse and vast nation.
 
65th BPSC
Q. Which one of the following characteristics is not true for unitary form of Government?
A. Swift decision
B. Flexible
C. Ideal for large countries
D. Uniformity of laws
 
63rd BPSC
Q. What is the nature of the Indian Constitution?
A. Federal
B. Unitary
C. Federal in nature but unitary in spirit
D. None of the above
 
53-55th BPSC
Q. The Indian Constitution comprises of-
A. 395 Articles, 22 Parts and 12 Schedules
B. 371 Articles, 21 Parts and 11 Schedules
C. 372 Articles, 20 Parts and 7 Schedules
D. None of the above