Features of the Constitution

INTRODUCTION

The Indian Constitution is unique in its contents and spirit.

Though borrowed from almost every constitution of the world, the constitution of India has several salient features that distinguish it from the constitutions of other countries.

42nd Amendment Act (1976) is known as ‘Mini-Constitution’ due to the important and large number of changes made by it in various parts of the Constitution.

SALIENT FEATURES OF THE CONSTITUTION

1. Lengthiest Written Constitution

Constitutions are classified into written, like the American Constitution, or unwritten, like the British Constitution.

The Constitution of India is the lengthiest of all the written constitutions of the world.

It is a very comprehensive, elaborate and detailed document. Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules.

Presently (2016), it consists of a Preamble, about 465 Articles (divided into 25 Parts) and 12 Schedules.

Four factors have contributed to the elephantine size of our Constitution.

They are:

Geographical factors, that is, the vastness of the country and its diversity.

Historical factors, e.g., the influence of the Government of India Act of 1935, which was bulky.

Single Constitution for both the Centre and the states except Jammu and Kashmir.

Dominance of legal luminaries in the Constituent Assembly.

2. Drawn From Various Sources

The Constitution of India has borrowed most of its provisions from the constitutions of various other countries as well as from the Government of India Act of 1935.

Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’.

The structural part of the Constitution is, to a large extent, derived from the Government of India Act of 1935.

The philosophical part of the Constitution(the Fundamental Rights and the Directive Principles of State Policy) derive their inspiration from the American and Irish Constitutions respectively.

The political part of the Constitution (the principle of Cabinet Government and the relations between the executive and the legislature) have been largely drawn from the British Constitution.

The other provisions of the Constitution have been drawn from the constitutions of Canada, Australia, Germany, USSR (now Russia), France, South Africa, Japan, and so on.

The most profound influence and material source of the Constitution is the Government of India Act, 1935. The Federal Scheme, Judiciary, Governors, emergency powers, the Public Service Commissions and most of the administrative details are drawn from this Act.

3. Blend of Rigidity and Flexibility

Constitutions are also classified into rigid and flexible.

A rigid Constitution is one that requires a special procedure for its amendment, as for example, the American Constitution.

A flexible constitution, on the other hand, is one that can be amended in the same manner as the ordinary laws are made, as for example, the British Constitution.

The Constitution of India is neither rigid nor flexible but a synthesis of both.

Some provisions can be amended by a special majority of the Parliament, i.e., a two-third majority of the members of each House present and voting, and a majority (that is, more than 50 per cent), of the total membership of each House.

Some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states.

At the same time, some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner of ordinary legislative process. Notably, these amendments do not come under Article 368.

4. Federal System with Unitary Bias

The Constitution of India establishes a federal system of government.

It contains all the usual features of a federation, viz., two government, division of powers, written Constitution, supermacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.

The Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all-India services, emergency provisions, and so on.

No state has the right to secede from the federation.

Also called ‘quasi-federal’

5. Parliamentary Form of Government

The Constitution of India has opted for the British parliamentary System of Government rather than American Presidential System of Government.

The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs

The presidential system is based on the doctrine of separation of powers between the two organs.

The parliamentary system is also known as the ‘Westminster’ model of government, responsible government and cabinet government.

The Constitution establishes the parliamentary system not only at the Centre but also in the states.

The features of parliamentary government in India are:

Presence of nominal and real executives;

Majority party rule,

Collective responsibility of the executive to the legislature,

Membership of the ministers in the legislature,

Leadership of the prime minister or the chief minister,

Dissolution of the lower House (Lok Sabha or Assembly).

Indian Parliamentary System is largely based on the British pattern, there are some fundamental differences between the two.

the Indian Parliament is not a sovereign body like the British Parliament.

the Indian State has an elected head (republic) while the British State has hereditary head (monarchy).

In a parliamentary system whether in India or Britain, the role of the Prime Minister has become so significant and crucial that the political scientists like to call it a ‘Prime Ministerial Government’.

6. Synthesis of Parliamentary Sovereignty and Judicial

The doctrine of sovereignty of Parliament is associated with the British Parliament while the principle of judicial supremacy with that of the American Supreme Court.

the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).

The framers of the Indian Constitution have preferred a proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy.

The Supreme Court, on the one hand, can declare the parliamentary laws as unconstitutional through its power of judicial review.

The Parliament, on the other hand, can amend the major portion of the Constitution through its constituent power.

7. Integrated and Independent Judiciary

The Indian Constitution establishes a judicial system that is integrated as well as independent.

The Supreme Court stands at the top of the integrated judicial system in the country. Below it, there are high courts at the state level.

Under a high court, there is a hierarchy of subordinate courts, that is, district courts and other lower courts.

This single system of courts enforces both the central laws as well as the state laws In USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary.

The Supreme Court is a federal court, the highest court of appeal.

The guarantor of the fundamental rights of the citizens and the guardian of the Constitution.

Hence, the Constitution has made various provisions to ensure its independence—security of tenure of the judges, fixed service conditions for the judges.

All the expenses of the Supreme Court charged on the Consolidated Fund of India.