Describe the main features of the Indian Constitution.
Main Features of the Indian Constitution-
The constitution is the framework that a state has adopted to provide its citizens with a clean and systematic administration. Every state must have a constitution in some form or the other. Due to different circumstances, the constitution of a country also has some special aspects which can be called the features of the constitution. The Indian Constitution has many attributes, among which the main attributes can be called the main features.
The main attributes of the Indian Constitution are as follows:
1. Written and Enacted Constitution -
2. The Most Elaborate Constitution in the World -
The Indian Constitution is very comprehensive and elaborate compared to other constitutions of the world. The main reason for this is that it has 395 articles, 22 parts, and 12 schedules, while in comparison, the US Constitution has 7 articles, the Australian Constitution 128, the Canadian Constitution 147, the Chinese Constitution 106, and the Nepalese Constitution 74 articles.
3. Constitution Based on Popular Sovereignty -
Another important feature of the Indian Constitution is that it has been created by the people of India and ultimate power has been given to the people in it. This constitution is also known from the point of view that the ultimate power to amend it lies in the hands of the representatives elected by the people. Thus, unlike the 1935 Government of India Act, the Indian Constitution is not an act enacted and adopted by the British Parliament or any other power, but by the people.
4. Socialist State -
In 1976, the word 'Socialist' was added through the 42nd Constitutional Amendment. 'Socialist State' means that all citizens will get equal opportunities for their advancement and development. The entire society will have rights over production, distribution, etc. It will be used for the welfare of the entire society. Thus, the Indian Constitution establishes a democratic socialism, not like that of China. This is an important feature of the Indian Constitution.
5. Blend of Rigid and Flexible Constitution -
Whether a constitution is amendable or unamendable depends on its constitutional process. If there is a special or difficult process to amend the constitution, it is called a rigid constitution. If the process of amendment is easy, it is called a flexible constitution. Therefore, the Indian Constitution is neither as flexible as the British Constitution nor as rigid as the American Constitution. The procedure to amend it has been made neither too difficult nor very easy. An important feature of the Indian Constitution is that it is both rigid and flexible. So far, 97 amendments have been made to the Indian Constitution.
6. Federal in form but Unitary in spirit -
Externally, the Indian Constitution is federal but in spirit it is unitary. Thus, our constitution contains features of both federal and unitary constitutions, like - division of powers between center and states, supremacy of the constitution, and independent judiciary. Due to such provisions, the Indian Constitution is federal. In contrast, during an emergency, the constitution becomes completely unitary as all powers come into the hands of the center.
7. Parliamentary system of government -
The parliamentary system has been adopted in the Indian Constitution. In this, there is a nominal head of state and the executive is closely related and dependent on the legislature. These features have been described by the constitution makers in the center and states, like the council of ministers is responsible to the Lok Sabha, and the executive is formed from within the legislature itself. Thus, the parliamentary system is an important feature of the Indian Constitution.
8. Establishment of a welfare state -
The Indian Constitution aims to establish a welfare state in which all citizens will get social, economic, and political justice - complete freedom of speech, faith, worship, and opportunities for all. This is a unique feature of the Indian Constitution.
9. Adult Franchise -
The Indian Constitution has adopted the system of adult franchise, according to which the right to vote in elections is given to all male and female citizens (except lunatics, criminals, and bankrupts) who are 18 years or above in age. Thus, every male and female citizen who is 18 years or above can take part in voting.
10. Single Citizenship -
The Indian Constitution provides for single citizenship for all citizens. Here all individuals are citizens of India, not separate states. India does not have dual citizenship like the USA. For example, a person living in any province of India will be a citizen of India, not of that province and India.
11. Provision of Fundamental Rights -
Articles 13 to 35 in the Indian Constitution describe the fundamental rights of citizens. Fundamental rights are those rights that are necessary for the development of an individual. These cannot be taken away. If taken away, the judiciary protects them. When the Constitution was framed, seven fundamental rights were provided to the citizens. After some time, the right to property was removed from the list of fundamental rights by the 44th Amendment (1978). At present, Indian citizens have only 6 fundamental rights - 1. Right to Equality 2. Right to Freedom 3. Right to Freedom of Religion 4. Right against Exploitation 5. Right to Education and Culture 6. Right to Constitutional Remedies. Thus currently, Indian citizens have only 6 fundamental rights. The right to property has become only a legal right.
12. Provision of Directive Principles of State Policy -
Like the Irish constitution, chapter four of the Indian Constitution contains Directive Principles of State Policy. These are the principles on which the future economic, social, and political policies of India will be based. They do not have any legal force but have great moral and political significance. Their objective is to make India a welfare state. Some important directive principles are -
(ii) To provide free and compulsory education and establish village panchayats.
(iii) To promote the educational interests of weaker sections, SCs and STs.
13. Independent Judiciary -
To keep the Indian judiciary independent and impartial, it has been kept free from undue interference from the executive and legislature. The Supreme Court is the guardian of the Constitution. It protects the fundamental rights provided to citizens by the constitution and resolves disputes between the center and states. In addition, it can strike down any law made by the parliament if it violates the constitution. The judges of the Supreme Court are appointed by the President. They are provided high salaries so that they can deliver impartial justice. Their term, salary, and privileges cannot be changed, they can only be removed by impeachment.
14. Provision for the welfare of minorities and backward classes -
The Indian Constitution makes special provisions for protecting the religious, economic, linguistic, and cultural interests of minorities so that they are not oppressed by the majority. For this purpose, the Indian Constitution provides for reservation in government services, legislatures, educational institutes, and other fields for citizens belonging to backward castes, scheduled castes, and scheduled tribes.
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