Features of the Indian Constitution 

The Indian Constitution, drafted by the Constituent Assembly between 1946 and 1949, is one of the longest and most detailed constitutions in the world. It establishes the framework for governance in India and lays down the fundamental principles that guide the country’s political and legal systems. Below are the key features of the Indian Constitution: 

1. Longest Constitution in the World: 

One of the most prominent features of the Indian Constitution is its length and expanse. It is the longest-written constitution in the world. Unlike the British Constitution, which is unwritten and based on traditions, the Constitution of India is a single, written document. 

At its adoption, it contained 395 articles in 22 parts and 8 schedules. Over the years, it has expanded considerably through amendments and now contains 470+ articles divided into 25 parts and 12 schedules. 

The reasons for its length are: 

• The vast diversity of the Indian population. 
• Adoption of detailed provisions from the Government of India Act, 1935. 
• Incorporating administrative, legal, and procedural details. 
• It needs to accommodate both the central and state governments. 

2. Written Constitution: 

A written constitution is codified in a single legal document. The Indian Constitution is the longest written constitution in the world, originally consisting of 395 articles, 22 parts, and 8 schedules. It clearly defines the rights and duties of citizens as well as the powers, responsibilities, and structure of the government. Being written, it provides clarity, certainty, and legal enforceability. 

3. Sources and Features Borrowed from Other Constitutions: 

The Indian Constitution is a blend of the best practices of many countries. The major borrowed features include: 

These influences helped shape the Constitution of India as a flexible, inclusive, and democratic document. 

4. Sovereign, Socialist, Secular, and Democratic Republic: 

Sovereign: India is free from external control and has the right to make decisions independently.  

Socialist: The constitution aims to achieve economic equality and minimize inequality in wealth distribution.  

Secular: The state treats all religions equally and does not favor any religion.  

Democratic: The government is elected by the people through free and fair elections.  

Republic: India has an elected head of state (President) unlike a monarchy. 

5. Federal System with a Unitary Bias: 

The Constitution of India establishes a federal system of governance, which means that there is a division of powers between the Centre and the states. However, it also contains unitary or centralized features, especially during emergencies. Thus, India is often described as quasi-federal or federal with a strong center.  

The key features of Indian federalism include:  

• A dual polity with a clear division of powers (Union List, State List, Concurrent List).  
• Bicameral legislature at the center.  
• Independent judiciary.
• However, during emergencies, the center exercises more control, making the system unitary in practice. 

6. Parliamentary System of Governance: 

India follows a parliamentary system inspired by the British model. In this system: 

• The President is the nominal head (constitutional executive). 
• The Prime Minister is the actual head of the government. 
• The Council of Ministers is collectively answerable to the lower house (Lok Sabha). 

This ensures that the executive remains answerable to the legislature and maintains democratic governance. 

7. Fundamental Rights: 

One of the most progressive and important features is the inclusion of Fundamental Rights in Part III of the Constitution. These are basic human rights that are enforceable by law and essential for individuals’ overall development. 

There are six Fundamental Rights: 

1. Right to Equality 
2. Right to Freedom 
3. Right against Exploitation 
4. Right to Freedom of Religion 
5. Cultural and Educational Rights 
6. Right to Constitutional Remedies 

These rights empower citizens, protect individual liberty, and form the basis of a democratic society. 

8. Directive Principles of State Policy: 

The Directive Principles found in Part IV of the Constitution are guidelines for the state to ensure social and economic justice. Although they are not justiciable, they are still fundamental to the country’s governance. 

They aim to create a welfare state, reduce inequality, promote education, ensure equal pay, provide healthcare, and ensure a living wage for all. 

9. Fundamental Duties: 

nspired by the former Soviet Constitution, fundamental duties were added by the 42nd Constitutional Amendment (1976). These are listed in Part IVA (Article 51A). 

11 fundamental duties remind citizens of their moral obligations such as respecting the Constitution, cherishing the national heritage, and promoting harmony. 

Although these duties cannot be enforced by the courts, they are essential to promote civic spirit and discipline. 

10. Independent Judiciary: 

The Constitution provides for an integrated judiciary headed by the Supreme Court of India. It also includes High Courts and subordinate courts at the state level. 

The Judiciary in India: 

• It is independent of the executive and the legislature. 
• It is the guardian of the Constitution. 
• It is empowered with judicial review to declare laws and actions unconstitutional. 

It ensures the rule of law and protects civil rights. 

11. Single Citizenship: 

Despite being a federal country, India provides single citizenship to all its citizens. This ensures national unity and allows citizens to move, live, and work anywhere in the country. 

This reinforces the idea of “one nation, one citizenship”. 

12. Universal Adult Suffrage: 

The Constitution guarantees universal adult suffrage – the right to vote to every Indian citizen above 18 years of age, regardless of caste, class, sex, or religion. 

This principle maintains political equality and forms the basis of representative democracy in India. 

13. Rigid and Flexible: 

The Indian Constitution is neither too rigid nor too flexible, but a unique combination of both. Some provisions can be amended by a simple majority like ordinary laws. Others require a special majority in Parliament and ratification by at least half of the state legislatures. 

This flexibility allows the Constitution to adapt to changing needs and circumstances, while its rigidity protects the basic principles and structure of the democratic system. 

14. Emergency Provisions:

The Constitution empowers the President to declare an emergency under extraordinary circumstances: 

• National Emergency (Article 352) 
• State Emergency or President’s Rule (Article 356) 
• Financial Emergency (Article 360) 

At such times, the Centre gets wide powers to protect the integrity and security of the nation. 

15. Bicameral Legislature: 

India has a bicameral legislature at the national level, which means it has two houses: 

• Rajya Sabha (Upper House) – represents the states and union territories. 
• Lok Sabha (Lower House) – directly represents the people. 

This system ensures checks and balances, represents diverse interests, and promotes decentralized law-making. However, not all Indian states have bicameral legislatures; it exists only in select states. 

16. Secular State: 

India is a secular state, which means that it does not discriminate against or favor any religion. Every citizen has the right to profess, profess, and propagate his religion (Articles 25-28). 

The state remains neutral in religious matters and maintains religious freedom and equality for all communities. 

17. Provision for Local Governments: 

The Constitution provides for local self-governance through the 73rd and 74th Constitutional Amendments (1992): 

• 73rd Amendment: Panchayati Raj Institutions (PRIs) were established in rural areas. 
• 74th Amendment: Urban Local Bodies (ULBs) were created for governance in towns and cities. 

These amendments gave constitutional status to local bodies, making them an integral part of India’s decentralized governance structure and grassroots democracy. 

18. Special Provisions for Certain States and Regions:

To respect the diverse social and cultural practices of different regions, the Constitution makes special provisions under Articles 370-371J. 

These provide for autonomy, protection for tribal communities, and administrative flexibility in states such as Nagaland, Mizoram, and erstwhile Jammu and Kashmir. 

19. Preamble as the Spirit of the Constitution:

The Preamble is the introduction to the Constitution and outlines its philosophy and values. It declares India to be a sovereign, socialist, secular, democratic republic and promises justice, liberty, equality, and fraternity to all citizens. 

Though not enforceable by law, it serves as the guiding spirit for interpreting the Constitution. 

Criticism of the Indian Constitution: 

While the Constitution of India is widely respected for being one of the most detailed and inclusive constitutions in the world, it has also faced several criticisms over the years. Critics argue that despite its strengths, it has certain flaws, limitations, and areas that need improvement or clarification. Below are the main criticisms: 

1. Too Lengthy and complicated: 

One of the most common criticisms is that the Indian Constitution is too long, detailed, and complicated for the common citizen to understand. 

• It originally had 395 articles, 22 parts, and 8 schedules, and now has 470+ articles and 12 schedules. 
• Its complexity makes it difficult for common citizens and even lawmakers to interpret and implement without legal aid. 

2. Borrowed Nature – Lack of Originality: 

The Indian Constitution is often criticized for being a “bag of borrowings” as it has adopted features from various foreign constitutions. 

• Although it helped bring in best practices from around the world, some argue that it lacks original Indian thought or innovation. 
• Critics say it was more of a legal document than a reflection of India’s historical and cultural context. 

3. Centralized Federalism – Weak States: 

Although India is a federal country, critics argue that it functions like a unitary state because of the strong powers given to the Centre. 

• The Centre can circumvent state powers, especially during emergencies. 
• The states have limited autonomy in practice, which goes against the true spirit of federalism. 

4. Misuse of emergency provisions:

The emergency provisions of the Constitution (Articles 352, 356, and 360) have been criticized for being prone to abuse. 

• Article 356 (President’s rule) has often been misused by the Centre to dismiss elected state governments. 
• The declaration of Emergency in 1975 is a historic example of how constitutional provisions can be misused to suppress democracy. 

5. Limitations of Fundamental Rights:

Although fundamental rights are a major strength of the Constitution, there are certain criticisms: 

• Reasonable restrictions under Article 19 give the government sweeping powers to limit rights in the name of public order, morality, etc. 
• The property right was removed as a fundamental right in 1978, thereby reducing civil protection. 

6. No Clear Separation of Powers: 

The Indian Constitution does not follow a strict separation of powers between the executive, legislature, and judiciary.

• In a parliamentary system, the executive is taken over by the legislature. 
• This leads to a merging of powers, which may compromise the independence and efficiency of the various branches. 

7. Limited Role of the Judiciary in Appointments: 

Originally, the executive had control over the appointment of judges (particularly in the higher judiciary), leading to concerns about judicial independence. 

• Although the collegium system was developed later, it has also been criticized for lacking transparency and accountability. 

8. Inadequate Representation of Women and Minorities:

The Constitution guarantees equality, but critics argue that: 

• The political representation of women, Dalits, Adivasis, and minorities is limited. 
• The Constitution did not initially provide for reservations for women in legislatures, which remains a debated issue. 

9. Non-Justiciable Nature of Directive Principles: 

The Directive Principles of State Policy (DPSP) aim to create a welfare state, but they are non-justiciable, meaning they cannot be enforced in a court of law. 

• This limits their effect, as governments are not legally bound to implement them. 

10. Ambiguities and Need for Frequent Amendments: 

Many parts of the Constitution are open to interpretation, leading to legal ambiguity. 

• This has resulted in over 100 amendments, raising concerns about stability and the need for constitutional reforms. 

Conclusion: 

The Indian Constitution is a dynamic document that has evolved through amendments and judicial interpretations. Its features reflect the balance between the need for unity and the preservation of diversity, which ensures a democratic and just society. 

This summary of the features of the Indian Constitution provides a comprehensive understanding of its structure and guiding principles, which is essential for political science studies on this subject. 

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