Question

Describe the features of Indian Constitution.

Answer 1

Features of Indian Constitution are as follows:

1. Written document:

1. Except Britain and Israel, India along with other nations of the world have their Constitution in written form.
2. Considering the social, geographical diversified circumstances and pre-historical notions, the Constituent Assembly has kept the drafted Constitution in written form.

2. Size of the Constitution:

1. The Indian Constitution is divided in 22 sections comprising 395 Articles and 9 Appendices.
2. The Indian Constitution comprises provisions for State Administration and States inter-relations, fundamental rights, principles for political policies, judiciary, election, government institutions, minorities, scheduled caste and deprived groups.
3. Therefore, our Constitution of India is the largest, extensive and detailed written document, compared to other Constitutions.

3. Single Citizenship:

1. In India there is only single citizenship irrespective of any region or State of the country.
2. Only citizens of Jammu and Kashmir have dual citizenship, one for India and another for the State of Jammu and Kashmir.

4. The Centre with Strong Federal Structure:

1. India is a union of States.
2. By the use of word, ‘Union’, a permanent and irreversible relationship between Union and component States is indicated.
3. India is a Union of States and no State has right to secede it.
4. Thus, India is a union of states yet it has some elements of Federal Government.
5. In Indian Federation, there are two sets of Government – the Union Government and the State Governments.

5. Unified Arrangement during crisis:

1. Though India is a Union of States, at the time of emergency and crisis India is almost turned into a unitary system.
2. At such times, the union i.e. The central government takes more power in its hands to deal with national emergencies and crisis.
3. The India Constitution has divided its crisis into three types of emergencies. They are:
   • National Emergency: A country can declare national emergencies at the time of war, external attack, or armed rebellion.
   • Constitutional Emergency: Due to law and order breakdown, the state cannot function according to the constitution, so constitutional emergency is declared.
   • Financial emergency: When prices increase, it leads to erosion of monetary value. Under such situation financial emergency is declared.
4. These emergencies can be declared only by the President of the country.

6. Parliamentary System:

1. India has a parliamentary system of government. In this system, the Parliament is supreme authority representing people.
2. The highest legislature of country which is at the Union level is called the Parliament.
3. The Parliament is bicameral means it has two Houses – the Upper House and Lower House.
4. The Upper House is called the Rajya Sabha and Lower House is called the Lok Sabha.

7. Independent and Impartial Judiciary:

1. As per the Constitution, the Judiciary is an independent body which works impartially.
2. There is the Supreme Court at the top, High Courts at states and under their jurisdiction are the District Courts at district level the Tahika level there are Local and Special Courts.
3. The Judgements of Supreme Court are binding to all the Subordinate Courts of the nations.
4. In case of conflict between the Union and State Governments, matters relating to Constitution and interpretation of laws, the final decision is vested with the Supreme Court.
5. The Supreme Court of India is the highest court of our judicial system and so it is also called the Apex Court.
6. The Indian Judiciary is independent of the Executive, and Legislature and is also the defender and guardian of the Constitution.

8. Amendments in the Constitution:

1. Amendments can be made to the Constitution as per the need and so it is considered dynamic and a live document.
2. This is not the case with all the countries.
3. However, Indian Constitution can be amended as and when required. Amendment can be made in three special methods.
   • It can be made by a simple majority of members present and voting in the Parliament.
   • Certain amendment requires a special majority along with 2/3 majority of members present and voting.
   • Amendment by 2/3rd majority of the Parliament plus Ratification by atleast 50% State Legislatures.
4. If there is any amendment to be made in the inter-relations between states, central or in supreme judiciary, then held of the states from the total states should give consent.
5. Judicial verdict can also bring amendment in the Constitution.
6. However, it does not allow to change the basic provisions of the Constitution.

9. Universal Adult Franchise:

1. According to the Constitution of India, any adult citizen of India, i.e., over the age of 18, holds the right to vote without discriminating on the basis of caste, creed, religion, language, gender education, income or birth place.
2. The citizens possess right to vote in the elections of the Parliament, Legislative Assemblies or local self-government bodies.

10. Secularism:

1. India has been declared as a secular State.
2. No citizen can be given special rights or cannot be deprived with certain rights.
3. Secularism means that the state remains absolutely impartial, neutral and away in matters of religion.
4. Followers of any religion are free to follow and practice their own religion.

11. Judicial review:

1. It review is the chief characteristic of the Constitution.
2. Judicial review matters such as amendments made in the parliament by Parliamentary members, external orders, ordinances and judicial judgements, etc.
3. If the court finds any in discrepancy in the external orders, ordinances or judicial judgments, it can stop it by declaring it unconstitutional and hence void.

12. Fundamental Rights and Duties:

1. Those rights, which are necessary for every human being in order to achieve an all-round development, are known as Fundamental Rights.
2. The Constitution provides various Fundamental Rights to each citizen.
3. It also lists various duties that every citizen of India must fulfill.
4. The most valuable asset of our country lies in the overall development of nation.
5. It includes rights such as Right to Freedom, Right against Exploitation, Right of Equality, Right to Education for children between 6 to 14 years of age, etc.

13. Directive Principles for State Policies:

1. The Directive Principles are directions given by the Constitution to the Central and the State Governments in order to adopt proper policies for establishing a better country.
2. The principles say that the state should protect its people, provide them security and welfare.
3. The Constitution has provided certain specific provisions to uplift and includes backward sections and tribes bring them in the mainstream.
4. Discussions are held for providing reservation for backward sections and tribes in the policies.
5. These people are provided seats that are reserved for them in Legislature and Local Self-governing bodies.
6. Reservation quota has also been provided to such people in fields of education and employment.
7. Children of backward sections and tribes are also given scholarships, basic amenities and waiver of fees under Optimistic policies of the Constitution.