Dheeraj Kumar
The Constitution is the parents of the laws present or develops in the future. The Indian Constitution guide and work as a fundamental law which guides all the three bodies of the Indian government namely; 1. Legislature, 2. Executive, and 3. Judicial. It was drafted and designed by the constituent assembly under the guidance of Dr. B. R. Ambedkar. It came into enforcement on 26th January 1950 and became the foundation stone of the Democratic Republic of India. These are some basic features of the Indian Constitution.
Detailed Written Constitution
The Constitution of India is the largest written constitution across the globe. As it consists of 22 Parts, 448 Articles, and 12 Schedules. It was amended 104 times to date (14/12/2020).
Flexible In Nature and Rigid
As Constitution of India provides the power to Legislation to make modifications and developments of provisions as per the requirement of the nation through a simple majority of the legislative assembly. In few cases required the acknowledgment of state legislation by not less than one half.
Parliamentary Form of Government
The Constitution of India identifies the Parliamentary Form of Government. Whereby, all the majority rights of the nation are with the Union Government. The Legislative and Executive performance combined and the Prime Ministry work as the head of the nation.
Federal Form of Government
India adopts the Federal structure where the power is divided between both the Union and the State. As said in Article 1 of the Constitution that India is a Union of State. It also follows other features of being the Federal system as the Supremacy of the Constitution, the independent judicial system, etc.
Independence of Judicial System
The judicial system is head by the Supreme Court of India which examines both the center and the state legislation. The judiciary system follows the hierarchy unlike other bodies of the government. As it’s headed by the Supreme Court followed by the High court for the state and then under High Court, there are the Sub-ordinate Courts (District Court). The Indian Judicial System has the power of “Judicial Review”.
Universal Adult Franchise
The Constitution of India provides the right to vote to all the citizens above the age of 18. This right is given to each citizen irrespective of race, caste, religion, gender, etc. This feature is unique in itself as it provides equality to every citizen of the nation to choose his/her representative.
Fundamental Rights & Fundamental Duties
The Constitution of Indian provides the Fundamental Rights to its citizen which is explained in Part III this covers various rights as follows: 1. Right to Equality (Art. 14-18), 2. Right to Freedom (Art. 19-22), 3. Right against Exploitation (Art. 23, 24), 4. Right to Freedom of Religion (Art. 25-28), 5. Cultural and Educational Rights (Art. 29, 30), 6. Right to Constitution Remedies (Art. 32, Habeas Corpus). On infringement of Fundamental Rights, an individual can move to the court under Article 32 which discusses Constitutional Remedies namely;
- Habeas Corpus,
- Mandamus,
- Prohibition,
- Quo Warranto,
- Certiorari.
The Fundamental Duties are added under the 42nd Constitution Amendment Act, 1976 as per the guidance of the Swaran Singh Committee. These duties are the moral duties of every citizen of the nation towards each other and state. These duties are not recognized by the judiciary.
Directive Principles of State Policy
The Directive Principles of State Policy popularly known as DPSP are examined under Part IV of the Constitution of India from Article 36 to 51. In violation of these policies, one cannot move to court as it’s not justified in nature. These policies are morally bound upon the state as a state needs to consider these policies while making amendments or enactment of state laws. The Constitution made it clear that “these policies are required to consider by the State while enacting laws”.
