SALIENT FEATURES OF THE INDIAN CONSTITUTION
Author: AARTI RAI, student at Asian law college (affiliated ccsu)
The lengthiest constitution in the world- The Indian constitution is the world’s lengthiest and well written constitution. The Indian constitution originally consisted 395 articles into 22 parts and 12 schedules. While the others country like, in American constitution, it’s originally consisted 7 articles , Australian constitution 128 articles etc. The Indian constitution were taken by several countries but that’s not mean it is copied, the provisions will be taken but we have our own definitons and elaborating in more wider sense. Which makes our constitution different to others.
Parliamentary form of government- The India has parliamentary form government in both state and centre. In parliament there would be loksabha , rajyasabha and president. the president is the constitutional head of state. Parliament makes law, legislature and to execute the law by the executive. The real executive power is vested on the council of minister whose head is the prime minister. The president give the approval of making laws.
Amending the constitution rigid or flexible- The nature of amending constitution is unique in india. It has rigid and flexible both in nature. Rigid means it’s require special method and in flexibility it’s require ordinary method. Some provision can be amended by ordinary method but some takes special method tough to amend like fundamental rights it is difficult to amend easily.
Fundamental Rights- It is given to the citizens of india in part iii of the constitution. This right are prohibition against the state. The state cannot makes any law which violates the rights of citizens which given under the part iii of the constitution. If it’s violates the rights then we have right to go court and claim our rights back.
Directive principle of state policy- This provision is given under the part iv of the constitution. It is talk about that we should achieve certain aims and objective which helps the society in the development. So the state how should it to work for the governance of the country is talk about. We should achieve goals for the welfare of the society. It is non justiciable in nature like the fundamental rights we cannot challenge to it in a court. State has to implement with the sense of moral duty.
Adult suffrage- It gives the right to vote to the Indian that every man and woman above 18 age has right ton vote. We should elect our representative for the legislature. The old system of communal electorates has been abolished and the uniform adult suffrage has been adopted.
Federal with unitary- The one of the features of constitution that it is federal but acquires unitary. It has separate, state list and centre list. They play their own role from their parts, state plays their own and centre plays their own. Distribution of power was neutral we can say some biasness from centre. Union parliament is empowered to legislate on any subject which mention in state list and central government give diection to states. During the time of emergency all power will be centralized.
An independent judiciary- Independent judiciary should impartial. It has the power of judicial review which ensure that, it does not violates any rights of citizens. It gaves the remedies under article 32 that if any infringements of rights then there should be judiaciary.It guaranteed our rights , it is our safeguard who ensure that legislature should not implement any law which against the individuals rights and if it is then that law will be void. The process will be done under the judicial review.
Secular state- The secular state means india has no religion. It treats all religions equal. In our preamble, it is mentioned that people of india to secure to all it’s citizens liberty of thought , expression, belief, faith and worship.
Single citizenship- India is a union however it.s federal in nature but it is provide single citizenship. Unlike the America has dual citizenship i.e. the citizen of America and a state citizenship.in india there is no state citizenship, it has single citizenship and that is the citizen of india. In india all are enjoy the same right of citizenship , doesn’t matter in which state you live.
Fundamental duties- This is for the citizen of india. It comes after the amendment of 42nd constitution , 1976. The 11 code are mention in fundamental duties which reminds the citizens that we have certain norms and duties towards the country. How to serve our country, basically it’s remind us that we have some duties towards the nation.