Essay On the Salient Features of Indian Constitution

The study of environment plays a vital role in understanding the administration of any country. The administration is affected by the socio, political, economic and cultural factors and as such study of administration in the light of the above gives the reader a clear-cut idea about the administration in the country.

In the Indian context, it is very important to understand the reasons behind the adoption of Parliamentary form of Democracy, Supremacy of the Constitution, Federalism and Socialism by the founders of the Constitution in the light of the independence movement.

The founding fathers visualised the establishment of a particular form of socio-economic order with in the country. There were strong arguments for and against a particular type of administrative system in the Constituent Assembly but a final consensus was reached and Parliamentary form of Government was voted unanimously because of India’s experience with it during the British period.

The Constitution of India is unique in many ways. It has several special features that distinguish it from other Constitutions of the world.

Size of the Constitution

In sheer physical terms, it is the lengthiest Constitution ever given to any nation. The Constitution of India included not only the Constitution of the Union but also of the States. The size, complexities and the diversities of the Indian situation also necessitated several special, temporary, transitional and mis­cellaneous provisions for certain regions of the country or classes of people.

Not only does the Constitution contain a very comprehensive charter of justifiable fundamental rights, it also delineates the limitations under which these must necessarily operate. It contains a de­scription of several Directive Principles of State Policy and Fundamental Duties of citizens, which though not only enforceable in courts of law are expected to guide the State and the citizens respectively.

Even though Indian Constitution is written conventions also play a part insofar as they are in keeping with the provisions of the Constitution whereas the British Constitution is basically an unwritten one and is based on conventions.

Types of Constitution

The Preamble

The Preamble is an introduction to the constitution. It sets out the goals, the values and the ideals for which our country stands. The objectives specified in the Preamble contain the basic structure of our constitution, which cannot be amended in exercise of the power under Article 368 of the constitution. The preamble is a part of the constitution which reads as:

“WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a Sovereign, Social­ist, Secular Democratic Republic and to secure to all its citizens: Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship;

Equality of status and of opportunity; and to promote among them all, Fraternity assuring the dignity of the individual and the unity and integrity of the Nation in our constituent assembly this twenty-sixth day of November 1949, does hereby adopt, enact and give to our selves this constitution”.

The Forty-second amendment to the Constitution in 1976 incorporated terms such as ‘Socialist and Secular and ‘Unity and Integrity¹ of the nation in the Preamble. Pluralism is the keystone of Indian culture whereas religious tolerance is the bedrock of Indian secularism.

The Preamble may be involved to determine the ambit of (a) Fundamental rights and (b) Directive Principles of State Policy. From the Preamble it is clear that India has emerged as a Sovereign, Social­istic, Secular, Democratic, Republic ensuring to its citizens Justice, Liberty, Equality, and Fraternity.

We the People

The power to govern is drawn from the people of India; therefore, sovereignty resides with the people of India.

Sovereign

This means that India is no more under the domination of any foreign country and any external force cannot influence its decisions. It is a free and independent country. It can acquire foreign territory and if necessary, cede a part of the territory in favour of a foreign state.

Socialist

There are many definitions for socialism but one well accepted explanation is the nationalization of the means of production and equal distribution of wealth. In other words, absence of private property

Secular

This means a State taking a neutral position on religion. It is separation of State and religion. There is no official religion in India. Secularism pervades its provisions which give full opportunity to all per­sons to profess, practise and propagate religion of their choice. All religions will receive equal treatment. It is neither a theocratic nor an atheistic state.

Democratic

The Democratic has been introduced with a view to realize the political, economic and social de­mocracy. Political democracy means one vote for one person and rotation of government. Social democ­racy means absence of discrimination on the basis of caste, religion, race, gender etc. Economic de­mocracy means to bridge the gap between rich and poor in terms of income and distribution of wealth.

Republic

Since the constitution has been given by the people to themselves, thereby affirming the republican character of the polity and sovereignty of the people in independent India the Head of the Republic, the President is elected, which means, we have put an end to the hereditary rule. (Under the British regime, we were under the Monarchy or Crown).

Justice

The term justice being used in its widest possible sense which is made clear by the addition of the objectives ‘social, economic and political’ to justice. It intents not only creating an environment in which social, economic and political justice is assured but also work positively against any form of discrimina­tion existing in the society on the basis of caste, community, race, religion or otherwise.

Liberty

It is the basic freedom set forth by the French Revolution. Our Constitution believes in freedom of different nature-social, civil and political as articulated through the fundamental rights in the Constitu­tion under Part III.

Fraternity

Fraternity, according to Dr. Ambedkar, is “a sense of common brotherhood and sisterhood of all Indians”. Without fraternity he was clear in his mind that “equality and liberty will be no deeper than coats of paint”. Liberty, equality and fraternity forming a union of trinity in the sense that if we divorce one from the other, it defeats the very purpose of democracy

The structural part of the constitution is, to a large extent, derived from the Government of India Act, 1935 whereas its philosophical part has many other sources. In our constitution, Fundamental rights partly derives its inspiration from the Bill of Rights, enshrined in the American constitution; Directive Principles of State Policy from the Irish Constitution.

We had added the principle of cabinet government and executive legislature relationship from the British experience. The Canadian Constitution partly proved source for Union-State relations whereas Australian constitution provided us concurrent list, privileges of the members of parliament and matter related to trade and commerce.

Besides these, we have also many indigenous and innovative ideas like Panchayats, international peace and security. Constitution is a living and organic thing. It is not to be construed as a mere law, but as the machinery through which laws are made.

The Constitution of India was prepared and finalised by the Constituent Assembly earlier.