1. Introduction
The constitution is India's ultimate law. This is a written document that establishes the foundation for describing the core basic code, structure, processes, powers, and obligations of the government and its institutions, as well as the citizen's rights and duties.
The Constitution establishes the main organs- executive, legislature and judiciary, defining their powers, demarcating their responsibilities and regulating the inter-se relationship. The rights and duties of citizens are also spelt out. The Constitution applies to the state of Jammu and Kashmir with certain exceptions and modifications as provided in Article 370 and the Constitution (application to Jammu and Kashmir) Order, 1954. It is the mother of all other laws of the country. Every law enacted by the Government has to be in conformity with the Constitution. [1]
2. Salient Features of the Indian Constitution
Few salient features of the Constitution of India are mentioned below:
2.1 Preamble
The Preamble to the Constitution describes the core of the text, expressing the guiding values of justice, liberty, equality, and brotherhood. It asserts India to be a sovereign, socialist, secular, and democratic republic, embodying the ideals entrenched in the Constitution.
2.2 Fundamental Rights
One of the key features of the Indian Constitution is the guarantee of Six Fundamental Rights to its citizens. These rights, enriched in Part III of the Constitution, includes the right to equality, freedom of speech and expression, right to life and personal liberty and protection against discrimination. These rights act as a shield for individuals against arbitrary state actions, ensuring the protection of their dignity and liberty.
2.3 Directive Principles of State Policy
Part IV of the Constitution contains the Directive Principles of State Policy, which describe the principles for the government to attain socio-economic fairness and welfare. While not legally binding, these principles serve as a moral compass, directing the state toward the creation of a just and equal society. They contain requirements for ensuring reasonable and human working conditions, equal compensation for equal effort, and promoting educational and economic opportunities for all.
2.4 Parliamentary System
India follows a parliamentary system of government, with a President as the head of the state and a Prime Minister as the head of the Government. The Parliament, consisting of Lok Sbha (House of the People) and the Rajya Sabha (Council of States), enacts laws and represents the diverse voices of the nation. The President, elected by an electoral college, acts on the advice on the advice of the Prime Minister and the Council of Ministers.
2.5 Integrated and Independent Judiciary [2]
A single, integrated judicial system exists in India. The Indian Constitution also establishes an independent judiciary by preventing the legislature and government from having any influence over it. The Supreme Court of the legal system is known as the Supreme Court. The state-level High Courts are superior courts to the Supreme Court. District courts and other lower courts fall within the high courts hierarchy of subordinate courts. As the highest court of appeal, the protector of peoples basic rights, and steward of the Constitution, the Supreme Court is a federal court. As a result, the Constitution contains a number of safeguards that guarantee its independence.
The judiciary is now independent of the legislative and the executive, thanks to the provisions of the constitution. Judges are immune from interference from other government organs, allowing them to make decisions without fear or favor. According to the principles of separation of powers, the Indian judiciary is independent.The element that corresponds with judiciary independence is direct nomination by the President, given adequate salaries and privileges, and judges cannot be dismissed merely by executive order.
2.6 Federal Structure
The nature of the Indian state is federal, in the sense that the powers are distributed between the Union and the state. But in times of emergency Government assumes a unitary character. Since, India has a federal type of constitution, establishing dual polity, having two-tiers government. All the powers, functions, and duties of the government are divided amongst central and state level, without interfering in others functioning. The schedule 7, and Article 246 of the constitution talks about three lists, The Union, State and Concurrent list, which specifying the various matters on which the laws are to be made. India's federalism is a unique blend of simplicity and complexity, having the concept of single citizenship, and becoming a part of the basic structure as well. [3]
2.7 Lengthiest constitution in the world
Indian constitution adopted by the constituent Assembly on November 2, 1949 is the lengthiest constitution originally containing 395 Articles, divided into 22 parts and 9 schedules. It is described as elephant size constitution. We have incorporated 93 Amendments to the constitution on January 2003. It has been a model, for many developing countries. Now it has 397 Articles and 12 schedules. [4]
2.8 Fundamental Duties
Fundamental Duties are a collection of moral and civic responsibilities defined in the Indian Constitution. They were inserted into the Constitution by the 42nd Amendment Act of 1976, which introduced Article 51A. These responsibilities are non-justiciable, which means they are not legally enforceable, and persons cannot be penalized for failing to do them.The Fundamental Duties remind citizens of their obligation to the nation and society, and they strive to instill a feeling of discipline and devotion in the populace.
3. Conclusion
The Indian Constitution is a unique achievement in the history of the constitutional system. It has established the foundation for a varied and dynamic nation to prosper as a democratic republic. Furthermore, the Constitution of India is considered to be one of the lengthiest constitution and along with that the only constitution which was framed in two languages Hindi and English. The Constitution has withstood challenges and adjustments throughout the years, emerging as a light of hope for millions. Its ideals of justice, liberty, equality, and fraternity continue to steer the country toward a future in which the democratic spirit and cultural variety coexist. The Indian Constitution is more than a legal document; it is a representation of a nation's collective goals and desires.
4. Citations
[1] Sumant Batra "Constitution of India" available at: https://eoi.gov.in/kabul/?4645?000#:~:text=A%20distinctive%20document%20with%20many,22%20parts%20and%20eight%20schedules (last visited January 6, 2024)
[2] Manaishiq "Salient features of Constitution of India" available at: https://www.studyiq.com/articles/salient-features-of-constitution-of-india/ (last visited January 6, 2024)
[3] Manav Puri "Salient Features of Indian Constitution" available at: https://www.legalserviceindia.com/legal/article-8793-salient-features-of-the-indian-constitution.html(last visited January 12, 2024)
[4] Tanuja Singh "Salient Features of Indian Constitution" available at : https://gyansanchay.csjmu.ac.in/wp-content/uploads/2021/11/features-of-the-constitution.pdf (last visited January 12, 2024)
