THE INSPIRING ELEMENTS OF THE INDIAN CONSTITUTION

INTRODUCTION

In terms of both content and spirit, the Indian Constitution is exceptional. Despite having elements from practically every constitution in the globe, it has a few key characteristics that set it apart from others. Many of the initial provisions of the constitution, which was approved in 1949, have been amended, most notably by the “42nd Amendment Act of 1976,” sometimes referred to as the “Mini Constitution.” However, the Supreme Court concluded in the “KesavanandaBharati case” of 1973 that the constitutional amendment authority granted by “Article 368” cannot change the fundamental design of the constitution.

LENGTHIEST WRITTEN CONSTITUTION

One of the longest constitutions in the world is that of India.  Elephantine size is a result of a number of variables, including geographical ones like the country’s size and variety. historical causes and the “Government of India Act of 1935“‘s extensive effect. Legal luminaries dominated the Constituent Assembly, which established a single constitution for the federal government and each state, as well as its founding fathers. There are now 448 articles, 22 sections, and 12 schedules in it.

NEITHER PURELY FEDERAL NOR PURELY UNITARY

India’s constitution is neither unitary nor federal. It has two governments, a separation of powers, a written constitution, constitutional supremacy, constitutional rigour, an independent judiciary, and bicameralism. There is a strong central government, a single citizenship, a single constitution, an integrated judiciary, the selection of state governors by the central government, all India services, and other unitary and non-federal aspects. The Supreme Court ruled in the case of “KuldipNayerVs Union Of India (AIR 2006 SC 3127)” that while the federal concept predominates, federalism also tends to favour a strong central government or unitary power.

FUNDAMENTAL RIGHTS

The Indian Constitution’s third chapter, which provides six essential rights accepts that some fundamental freedoms and rights of people cannot be violated by governments. The purpose of the basic rights, which are included in articles 14 through 32, is to advance democratic democracy. People have been given remedies in the event that the state does remove their rights. The Supreme Court, which can issue “WRITS” under (Articles 321 and 226) justiciable in nature, is the straight route for the aggrieved. The “Maneka Gandhi Vs. Union Of India Case 1978” demonstrates that basic rights are not unassailable and are susceptible to reasonable limitations.

DIRECTIVE PRINCIPLES OF STATE POLICY

DPSP’s were incorporated in the form of `instrument of instruction’ from the “Government of India Act 1935”. They are fundamental in the governance of the country. They seek to establish a welfare state in country and classified into three broad categories Socialist, Gandhian, and liberal-intellectual under article 36th to 51th and borrowed this idea from Irish Constitution. In “Minerva Mills Case 1980”, Supreme Court held that `the Indian Constitution is founded on the bedrock of balance between the Fundamental Rights and DPSP’s.

A SECULAR STATE

The Constitution of India stands for secular state. Means it does not uphold any single religion as  official religion of state and every religion is respected equally, this term secular was added to the Preamble by 42nd CAA 1976, this shall not be denied and protected under Fundamental rights and DPSP’s. SECULARISM is basic feature of Indian Constitution asheld by the Hon’ble Supreme Court of India in “BommaiVs Union Of India Case” for example recently “Citizenship Amendment Act 2019”.

FUNDAMENTAL DUTIES

Originally Constitution did not provide for the Fundamental Duties of citizen. These were added during the operation of internal emergency (1975-77) by “42nd   Constitutional Amendment Act, 1976”On the recommendation of the “Sardar Sawarn Singh Committee” initially there was 10 duties but after 86th CAA, 2002 added one more fundamental duty. These are inspired by the Constitution of USSR, under Article 51A but should be noted that they are unenforceable.

ADULT SUFFRAGE

The Universal Adult Franchise is the basis for elections to the LokSabha and State legislative assemblies according to the Indian Constitution. There is no clear discrimination in the right to vote for every adult citizen. The genuine meaning of “parliamentary democracy” is sought to be realised.

UNIQUE BLEND OF RIGIDITY AND FLEXIBILITY 

The Indian Constitution combines rigidity, like the American Constitution, with flexibility, like the British Constitution. Under “Article 368,” it allows for two different kinds of amendments: A simple majority of the parliament, or more than 50% of the MPs present and voting, can change a provision. A special majority of the parliament composed of half the total number of states may change certain other provisions.

INDEPENDENT AND INTEGRATED JUDICIARY

The Indian constitution establishes a Judicial system in which Supreme court stands on the topbelow its high court at state level and under it there is a hierarchy of subordinate courts, district courts and lower courts constitute a single unified judiciary having jurisdiction over all laws whether enacted by parliament and states legislature, adopted this system by “Government Of India Act 1935”. By ensuring that the legislative, administrative, and executive authorities do not infringe the basic rights of Indian citizens, the independent judiciary, which is endowed with the power of judicial review, serves as their guardian and protector. To make it a guardian of the constitution, the term, service requirements, salaries, and allowances of judges are all specified and charged to the Consolidated Fund of India.

PARLIAMENTARY FORM OF GOVERNMENT

The British Parliamentary System, popularly known as the “Westminster” type of administration, is the one that the Indian Constitution has chosen. It offers parliamentary government at the federal and state levels. Parliamentary government characteristics are: President is a formal executive, whereas Prime Minister is an actual executive. A party that wins the majority of LokSabha seats establishes the government. the legislative and the executive are jointly responsible, On the Prime Minister’s proposal, the lower house was dissolved and had two members.

CITIZENSHIP

The Indian Constitution provides a single citizenship, that there is no separate citizenship of the Union and of the States. All the citizen has same rights and freedom all over country without anydiscrimination except some cases. Some rights are available to citizen under article 5th to 11th but not to non-citizens. However, the rights under Article 14 and21 are available to both. As seen in the case of “State Of Bihar v. Kumar Amar Singh 1995”

CONCLUSION

In this blog, the discussion and exploration has been made by addressing the key area of “The Salient Features Of the Indian Constitution” which can be concluded as the lengthiest constitution of the world almost took two years, eleven month, and seven days. Which is neither purely federal nor purely unitary and unique blend of rigidity and flexibility. Drawn from various sources which is synthesis of parliamentary sovereignty and judicial supremacy, all fundamental rights, duties and directive principles and emergency provision .various independent bodies and three tier system with constitution supremacy.