Special Features of the Indian Constitution

Lengthiest Written Constitution

Comprehensive Constitution

• The Constitution of India is the Longest and one of the Most Comprehensive Written Constitutions in the world.

Original Structure

At the time of its commencement, the Constitution contained:

• • 395 Articles
  • 22 Parts
  • 8 Schedules

Present Structure

At present, the Constitution consists of approximately:

• • 448 Articles
  • 25 Parts
  • 12 Schedules

Detailed Constitutional Framework

Comprehensive Administrative Provisions

• Unlike the Constitutions of countries such as the United States and Australia, the Indian Constitution contains Detailed Provisions relating to the functioning of the Government at both:
  
  • Union Level
  • State Level

Administrative Detail

• The Constitution incorporates extensive provisions dealing with Administrative Organisation, making it far more detailed than most federal constitutions.

Centre–State Relations

Federal Framework

• The Constitution contains elaborate provisions governing Relations between the Union and the States, including:
  
  • Legislative Relations
  • Administrative Relations
  • Financial Relations
  • Emergency Provisions

Special Constitutional Provisions

• Certain States have been provided Special Constitutional Provisions under Part XXI, such as:
  
  • Nagaland
  • Assam
  • Mizoram
  • Gujarat
  • Other Specified States

Popular Sovereignty

Sovereignty of the People

• The People of India are the Ultimate Source of Sovereign Authority.
• All powers of the Government originate from the People, making India a Popular Sovereign Democracy.

Parliamentary System of Government

Parliamentary Democracy

• India follows the Parliamentary Form of Government at both:
  
  • The Union
  • The States
• The Executive remains Collectively Responsible to the Legislature.

Flexible Yet Rigid Constitution

Blend of Flexibility and Rigidity

• Although the Constitution is Written, it possesses a Balanced Amendment Procedure, making it Neither Completely Rigid nor Completely Flexible.

Fundamental Rights

Protection of Individual Liberties

• The Constitution guarantees Fundamental Rights to every individual against arbitrary action by the State.
• These rights form an essential part of the Basic Constitutional Framework.

Directive Principles of State Policy (DPSPs)

Welfare State

• The Constitution incorporates Directive Principles of State Policy (DPSPs) to guide the State in establishing a Social Welfare State.
• Though Non-Justiciable, they are Fundamental in the Governance of the Country.

Distribution of Legislative Powers

Three Legislative Lists

• Legislative subjects are distributed between the Union and the States through:
  • • Union List
    • State List
    • Concurrent List

Integrated Judicial System

Unified Judiciary

• Unlike some federal countries having Dual Judicial Systems, India follows a Single Integrated Judiciary consisting of:
  
  • Supreme Court
  • High Courts
  • Subordinate Courts

Independence of Judiciary

Independent Judicial Institution

• The Constitution provides several safeguards to ensure the Independence of the Judiciary, enabling it to function free from executive or legislative interference.

Balanced Constitutional Philosophy

Parliamentary System with Judicial Supremacy

• The Indian Constitution strikes a balance between:
  
  • British Parliamentary System
  • American Concept of Judicial Review
• Thus, it combines Parliamentary Sovereignty with Judicial Supremacy.

Federal Constitution with Unitary Bias

Strong Centre

• Although India has a Federal Structure, it assumes a Unitary Character during National Emergencies, thereby strengthening the powers of the Union Government.

Universal Adult Franchise

Right to Vote

• Every Citizen of India aged 18 Years or Above has the Right to Vote, irrespective of:
  
  • Religion
  • Caste
  • Sex
  • Property
  • Education
  • Economic Status

Secular State

Equal Respect for All Religions

• India is a Secular State, meaning:
  
  • The State has no Official Religion.
  • All religions receive Equal Protection.
  • Every individual enjoys Freedom of Religion.

No Religious Discrimination

• The State cannot:
  
  • Discriminate on grounds of Religion
  • Compel any citizen to pay taxes for the promotion of a Particular Religion

Reservation for Weaker Sections

Social Justice

• The Constitution provides Reservation of Seats and other protective measures for:
  
  • Scheduled Castes (SCs)
  • Scheduled Tribes (STs)
  • Other Socially and Educationally Backward Classes, wherever constitutionally applicable.
• Reservation exists in:
  
  • Educational Institutions
  • Public Employment
  • Legislative Bodies, as provided under the Constitution.

Panchayati Raj

Local Self-Government

• One of the unique features of the Constitution is the recognition of Panchayati Raj Institutions as the foundation of Rural Local Self-Government.
• Constitutional status was granted through the 73rd Constitutional Amendment Act, 1992, by inserting Part IX and the Eleventh Schedule.