Features of the Indian Constitution

Explore the key features of the Indian Constitution, its sources, strengths, criticisms, and how it shapes India’s democracy. Learn about its flexibility, rights, and governance.

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The Indian Constitution is not just a legal document but a visionary framework that upholds the values of democracy, justice, and equality. It draws inspiration from India’s struggle for independence and aims to ensure effective governance while preserving fundamental rights and duties.

Salient Features of the Indian Constitution

Features of the Indian Constitution

  1. Lengthiest Written Constitution
    The Features of the Indian Constitution include being the longest written constitution in the world. It is a detailed and elaborate document, covering governance, rights, duties, and administrative structures.

  2. Inspired by Multiple Sources
    One of the significant Features of the Indian Constitution is that it incorporates elements from over 60 global constitutions. Some key influences include:

  • British Constitution – Parliamentary system

  • U.S. Constitution – Fundamental rights and judicial review

  • Canadian Constitution – Federation with a strong central government

  • Irish Constitution – Directive Principles of State Policy (DPSP)

  1. Balance Between Rigidity and Flexibility
    Unlike the rigid U.S. Constitution or the flexible British Constitution, one of the notable Features of the Indian Constitution is its adaptability. Some amendments require a simple majority, while others need a special majority, making it suitable for changing needs.

  2. Federal System with a Unitary Bias
    Among the Features of the Indian Constitution, its federal system stands out. Though India follows a federal structure, the central government retains significant power, especially during emergencies. Scholars describe it as:

  • “Quasi-federal” – K.C. Wheare

  • “Bargaining federalism” – Morris Jones

  • “Co-operative federalism” – Granville Austin

  1. Parliamentary Sovereignty and Judicial Supremacy
    One of the defining Features of the Indian Constitution is its combination of British parliamentary sovereignty and American judicial supremacy. While Parliament makes laws, the Supreme Court ensures their constitutional validity, maintaining a system of checks and balances.

  2. Integrated and Independent Judiciary
    The Features of the Indian Constitution emphasize an independent judiciary, separate from the executive and legislature. It consists of:

  • Supreme Court – The highest judicial authority

  • High Courts – State-level judicial bodies

  • Subordinate Courts – District and lower courts

  1. Fundamental Rights, Directive Principles, and Fundamental Duties
    a) Fundamental Rights (FRs)
    One of the key Features of the Indian Constitution is its provision for Fundamental Rights, which promote political democracy by protecting citizens from government overreach. However, they are subject to reasonable restrictions.

  1. b) Directive Principles of State Policy (DPSP)
    Another important aspect of the Features of the Indian Constitution is the DPSPs, which promote social and economic democracy. Although non-justiciable, they guide the government in making laws for the welfare of the people.
  2. c) Fundamental Duties (FDs)
    Among the Features of the Indian Constitution, Fundamental Duties were added by the 42nd Constitutional Amendment (1976) based on the Swaran Singh Committee’s recommendations. They remind citizens of their responsibilities towards the nation.
  1. Other Key Features of the Indian Constitution

  • Secular State – No official religion, ensuring freedom of belief

  • Single Citizenship – All Indians share a common national identity

  • Emergency Provisions – Special powers for national security and governance

  • Three-Tier Government – Central, state, and local governance structures

These Features of the Indian Constitution make it a unique and dynamic document that ensures the smooth functioning of India’s democracy.

Criticism of the Indian Constitution

1. A Borrowed Constitution

Some critics label it as a “bag of borrowings” or a “patchwork” of global constitutions. However, this view overlooks the fact that India studied various frameworks to adopt the best practices suitable for its governance.

2. A Carbon Copy of the 1935 Act

A significant portion of the Indian Constitution is derived from the Government of India Act, 1935. However, it was extensively modified to align with democratic principles and fundamental rights.

3. Not Reflecting Indian Traditions

Some argue that the Constitution does not fully represent India’s cultural and political traditions. However, provisions like the Panchayati Raj system reflect indigenous governance practices.

4. Ignoring Gandhian Ideals

Gandhian principles like self-sufficient villages and decentralized governance were not fully incorporated. However, later amendments and policies, like the 73rd and 74th Amendments, strengthened grassroots democracy.

5. Excessive Size and Complexity

The Constitution is detailed and lengthy, covering governance at all levels. While critics call it bulky, this ensures clarity and minimizes ambiguity in legal matters.

6. Legal Complexity

Some argue that the Constitution is a “paradise for lawyers” due to its legalistic language. However, this complexity ensures comprehensive governance and protection of rights.

Conclusion

The Indian Constitution is a remarkable document that blends historical influences, democratic ideals, and progressive reforms. While it has faced criticism, its ability to adapt through amendments has helped it remain relevant to India’s evolving needs. It continues to serve as the backbone of the nation’s democratic structure, ensuring justice, liberty, equality, and fraternity for all.



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