1. Introduction

The Constitution of a country can be considered as the primary law governing the establishment of the state and government of that country. It outlines the powers and responsibilities, as well as the limitations on them, and manages the relationship between the State and its people. Moreover, it embodies and aims to create a shared national political and constitutional identity for all the people under its jurisdiction.

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The Indian constitution is the world's longest written constitution for a sovereign nation.?At its enactment, it had 395 articles in 22 parts and 8 schedules.?At about 145,000 words, it is the second-longest active constitution after the?Constitution of Alabama in the world.[1]

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2. Historical Background

The evolution of the constitutional history of India can be traced through seven Important phases spread over a period of nearly 250 years beginning with the establishment of the East India Company as a trading corporation under Queen Elizabeth's Charter of 1600.[2]

?In 1765 the Company, which till now had purely trading function obtained the ?diwani? (the Mughal emperor, Shah Alam, granted rights over revenue and civil justice, to the Company after Battle of Buxar in 1764) of Bengal, Bihar and Orissa.[3] The British Parliament controlled the company through the Regulating Act of 1773. In 1858, in the wake of the ?sepoy mutiny?, the British Crown assumed direct responsibility for the governance of India.[4] ?The Government of India Act of 1858 transferred power to the British Crown. The Indian Councils Act of 1909 introduced the principle of election. The Government of India Act of 1919 introduced diarchy in the Provinces. The Government of India Act of 1935 recognized the principle of provincial autonomy and established an All India Federation. The Indian Independence Act of 1947 brought about radical changes in India and ended British sovereignty. The Indian Constitution came into force on January 26, 1950.

At the time of independence, the need for a Constitution was acutely felt, and M.N. Roy, a pioneer of the communist movement in India, suggested the formation of a Constituent Assembly for this purpose. In 1946, the Constituent Assembly was established, and on January 26th, 1950, the Constitution came into effect.[5]

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3. Salient Features of the Indian Constitution

The Indian Constitution is unique in its contents and spirit. Though borrowed from almost every constitution of the world, the constitution of India has several salient features that distinguish it from the constitutions of other countries.[6]

The salient features of the Constitution, as it stands today, are as follows:

• Lengthiest Written Constitution

Constitutions are classified into written, like the American Constitution, or unwritten, like the British Constitution. The Constitution of India is the lengthiest of all the written constitutions of the world. It is a very comprehensive, elaborate and detailed?document.[7]

Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules. Presently, the amended constitution has a preamble and 470 articles,?which are grouped into 25 parts.?With 12 schedules?and five appendices,?it has been amended?105 times; the?latest amendment?became effective on 15 August 2021.[8]

The Constitution contains not only the fundamental principles of governance but also detailed administrative provisions. Further, those matters which in other modern democratic countries have been left to the ordinary legislation or established political conventions have also been included in the constitutional document itself in India.[9]

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1. Drawn From Various Sources

The Constitution of India borrows provisions from other countries' constitutions and the Government of India Act of 1935. The structure is derived from the Act, while the philosophical part is inspired by the American and Irish Constitutions. The political part is influenced by the British Constitution. The Constitution also draws provisions from other countries like Canada, Australia, Germany, USSR (now Russia), France, South Africa, Japan, and more. The Government of India Act, 1935 profoundly influences and is a significant source of material in the Constitution. More than half the provisions of the Constitution are identical or closely resemble the Act.

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• Blend of Rigidity and Flexibility

Constitutions are classified as rigid or flexible. A rigid Constitution requires a special procedure for amendment, while a flexible constitution can be amended like ordinary laws. The Constitution of India is a blend of both and has two types of amendments under Article 368[10]:

1. Amendments requiring a two-thirds majority of both houses of Parliament and over 50% of total membership.
2. Amendments requiring a two-thirds majority of both houses and ratification by half of the states.

Other provisions can be amended by a simple majority of Parliament.

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• Federal System with Unitary Bias

The Indian Constitution establishes a federal system of government with usual features such as the division of powers, independent judiciary, and bicameralism. However, it also has many non-federal features such as a strong Centre, a single Constitution, and integrated judiciary. The Constitution describes India as a 'Union of States', implying that the Indian Federation is not the result of an agreement by the states, and no state has the right to secede from the federation.

Hence, the Indian Constitution has been variously described as 'federal in form but unitary in spirit', 'quasi-federal' by K C Wheare, 'bargaining federalism' by Morris Jones, 'cooperative federalism' by Granville Austin, 'federation with a centralising tendency' by Ivor Jennings, and so on.[11]

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• Parliamentary Form of Government

The framers of the Indian Constitution have prepared a proper synthesis of the British principle of parliamentary sovereignty and also the American principle of Judicial supremacy. The Supreme Court of India can declare the parliamentary laws as being unconstitutional through the power of judicial review and the parliament can amend the major portion of the constitution through constituent power.[12]

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• Independent Judiciary

The Constitution makers ensured that the Judiciary had to be independent and hence unbiased.

There are various provisions in the Constitution that ensure the independence of the judiciary:

• The appointment of Judges is independent and there is no involvement of any executive authorities.
• The tenure of Judges is secured.
• The removal of judges from their tenures must be also based on the constitutional provisions.

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• Fundamental Rights

Part III of the Indian Constitution guarantees six?? fundamental rights to all the citizens:

(a) Right to Equality (Articles 14-18),

(b) Right to Freedom (Articles 19-22),

(c) Right against Exploitation (Articles 23-24), (d) Right to Freedom of Religion (Articles 25-28),

(e) Cultural and Educational Rights (Articles 29-30), and

(f) Right to Constitutional Remedies (Article 32).

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The Fundamental Rights are meant for promoting the idea of political democracy. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. They are justiciable in nature, that is, they are enforceable by the courts for their violation. The aggrieved person can directly go to the Supreme Court which can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto for the restoration?of?his?rights.[13]

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However, the Fundamental Rights are not absolute and subject to reasonable restrictions. Further, they are not sacrosanct and can be curtailed or repealed by the Parliament through a constitutional amendment act. They can also be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20[14] and 21[15].[16]

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• Directive Principles of State Policy

The Directive Principles of State Policy is an important feature of the Indian Constitution described by Dr BR Ambedkar. These principles aim to establish social and economic democracy and a 'welfare state' in India, but are non-justiciable and depend on political force.

In the Minerva Mills case" (1980)[17], the Supreme Court held that 'the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive?Principles'.[18]

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• Fundamental Duties

The original constitution did not provide for the?fundamental duties?of the citizens. Fundamental Duties were added to our Constitution by the 42nd Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. Later, the 86th Constitutional Amendment Act of 2002 added one more fundamental duty. While the rights are given as guarantees to the people, the duties are obligations that every citizen is expected to perform. However, like the Directive Principles of State Policy, the duties are also?non-justiciable?in nature.[19]

The Part IV-A of the Constitution (which consists of only one Article-51-A)[20] specifies the eleven Fundamental Duties viz., to respect the Constitution, national flag and national anthem; to protect the sovereignty, unity and integrity of?the?country;?to promote the spirit of common brotherhood amongst all the people and so on.[21]

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• A Secular State

The Constitution of India stands for a secular state. Hence, it does not uphold any particular religion as the official religion of the Indian State.[22] The term 'secular' was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976. The Preamble secures to all citizens of India liberty of belief, faith and worship. The State shall not discriminate against any citizen on the ground of religion (Article 15)[23].

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• Universal Adult Franchise

The Indian Constitution adopts universal adult franchise for elections to the Lok Sabha and state legislative assemblies. Every citizen above 18 has the right to vote without discrimination. The principle was introduced in 1988, reducing the voting age from 21. Universal adult franchise makes democracy broad-based, upholds equality, and opens up opportunities for weaker sections of society.

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• Single Citizenship

The Indian Constitution is federal with a dual polity, but provides single citizenship. Unlike the USA, all citizens in India have the same political and civil rights throughout the country. However, India has witnessed communal riots, class conflicts, caste wars, linguistic clashes, and ethnic disputes, indicating that the goal of building a unified and integrated Indian nation has not been fully realized.

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• Independent Bodies

Constitution has setup various independent bodies and vested them with powers to ensure the constitutional provisions. Ex: Election Commission, CAG, Finance Commission.

These institutions have been provided with security of tenure, fixed service conditions etc to ensure that they are not susceptible to the whims of either the legislature or the executive.[24]

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• Emergency Provisions

The Indian Constitution contains elaborate emergency provisions to enable the President to meet any extraordinary situation effectively.[25] The Constitution envisages three types of emergencies, namely:

(a) National emergency (Article 352);[26]

(b) State emergency (President's Rule) (Article 356[27] and 365[28]); and

(c) Financial emergency (Article 360).[29]

During an emergency, the Central Government becomes all-powerful and the states go?into?the?total control of the centre. It converts the federal structure into a unitary one without a formal amendment of the Constitution. This kind of transformation of the political system from federal (during normal times) to unitary (during emergency) is a unique feature of the Indian Constitution.[30]

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• Three-tier Government

The 73rd and 74th Constitutional Amendment Acts (1992) have added a third-tier of government (i.e., local) which is not found in any other Constitution of the world. The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats (rural local governments) by adding a new Part IX and a new Schedule 11 to the Constitution. Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to the municipalities (urban local governments) by adding a new Part IX-A' and a new Schedule 12 to the?Constitution.

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4. The Preamble to the Constitution of India

Preamble is a latin word which means ?introduction?. The preamble to an Act sets out the main objectives which the legislation is intended to achieve. It is a sort of introduction to a statute and many a times very helpful to understand the policy and legislative intent. The American Constitution was the first to begin with a Preamble. Many countries including India, followed this practice.[31]

The Preamble to the Indian Constitution is based on the ?Objectives Resolution?, drafted and moved by Pundit Nehru, and adopted by the Constituent Assembly. It has been amended by the 42^nd Constitutional Amendment Act(1976), which added three new words ? socialist, secular and integrity.[32]

Objectives inshrined in the Preamble to the Constitution of India

The following are the objectives the preamble secures to every citizen:

• 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.

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5. Criticism of the Constitution

The Constitution of India as framed and adopted by the Constituent Assembly of India has been criticized on the following grounds:

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• A Borrowed Constitution

Critics claim that the Indian Constitution is not original and only a collection of borrowed ideas from other constitutions. However, the framers of the constitution modified these ideas to suit Indian conditions while avoiding their shortcomings. Dr. B.R. Ambedkar dismissed the claim as unfounded, stating that all main provisions in constitutions must look similar, and the only new things in a constitution are modifications made to remove faults and accommodate the needs of the country.

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• A Carbon Copy of the 1935 Act

Critics claimed that the Indian Constitution is a "Carbon Copy of the 1935 Act" as it incorporated many provisions from the Government of India Act of 1935. However, Dr. B.R. Ambedkar defended it by stating that borrowing ideas does not involve plagiarism, and he was sorry that the provisions taken from the 1935 Act were mostly related to administration details.

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• Un-Indian or Anti-Indian

Critics claim that the Indian Constitution is 'un-Indian' or 'anti-Indian' because it does not reflect the political traditions and spirit of India. Members of the Constituent Assembly, K. Hanumanthaiya, Lokanath Misra, and Lakshminarayan Sahu, criticized the foreign nature of the Constitution as unsuitable and unworkable for India.

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• An Un-Gandhian Constitution

Critics argue that the Indian Constitution is un-Gandhian for not embodying Gandhi's ideals and being built on village panchayats. However, K. Hanumanthaiya, a member of the Constituent Assembly, stated that this was exactly what Gandhi did not want. T. Prakasam, another member of the Constituent Assembly, attributed this to Ambedkar's non-involvement in the Gandhian movement and his opposition to Gandhian concepts.

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• Elephantine Size

Critics argue that the Indian Constitution is too long and contains unnecessary elements. H.V. Kamath, a member of the Constituent Assembly, compared it to an elephant due to its bulkiness. Sir Ivor Jennings, a British Constitutionalist, also criticized the borrowed provisions as not being well-selected.

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• Paradise of the Lawyers[33]

Critics find the Indian Constitution too legalistic and complex, with its legal language and phrasing making it a complicated document. Members of the Constituent Assembly have also expressed concern that the draft is excessively wordy and akin to a law manual, rather than a socio-political document that is vibrant and life-giving.

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6. Conclusion

The Constitution of India is the cornerstone of a liberated nation. Constitution of India is the soul of our country India - the Union of States. It is supreme lex of India. It is a symbol of Unity in Diversity. It is a treasure of national heritage. It is the sacred gospel of our nation containing the aspirations of We the People of India' and is aimed at strengthening the unity, integrity and harmony of the nation. It lays the grand foundation of a great people's political edifice of governance.

While moving for adoption of the Constitution, the President of the constituent Assembly, Dr. Rajendra Prasad, observed:

"Whatever the Constitution may or may not provide, the welfare of the country will depend upon the men who administer it. If the people who are elected are capable and men of character and integrity they will be able to make the best of even of a defective Constitution... if they are lacking in these, the Constitution cannot help the country. After all, Constitution, like a machine, is a lifeless thing. It acquires life because of the men who control and operate it. And India needs today nothing more than a set of honest men who will have the interest of the country before them."[34]

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Dr. Rajendra Prasad's 60-year-old observations should guide present-day Indian politicians. Indian democracy's biggest success is sustaining popular government for 7 decades. 1975's emergency dispelled any hopes of dictatorship. India has upheld fundamental freedoms despite attempts to dismantle them for socialism.

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The ultimate safety valve of our Republic rests, vests, in the last analysis, in the practical wisdom, social active and collective comity of? ?We the People of India?. Constitution of India is neither a seasonal document nor an experiment, but is a permanent textual document and expounded that binds the posterity for ages to come.[35]

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[1] ?Constitution of India? available at: https://en.wikipedia.org/wiki/Constitution_of_India (last visited on October 15, 2023)

[2] Dr N. V. Paranjape, Indian Legal Constitutional History p.530 (Central Law Agency, Allahabad, Eighth edition, 2018).

[3] M Laxmikant, Indian Polity, p.1.3 (McGraw Hill Education, Chennai, Fifth edition, 2017)

[4] Supra Note 3

[5] Supra Note 3

[6] M Laxmikant, Indian Polity, p.3..1 (McGraw Hill Education, Chennai, Fifth edition, 2017)

[7] ?Salient Features of Indian Constitution, Complete Details? available at: https://www.studyiq.com/articles/salient-features-of-constitution-of-india/ (last visited on October 15,2023)

[8] Supra note 6

[9] Supra note 6

[10] The Constitution of India, art.368

[11] M Laxmikant, Indian Polity, p.3.2 (McGraw Hill Education, Chennai, Fifth edition, 2017)

[12]? Salient Features of Indian Constitution? available at: https://www.geeksforgeeks.org/features-of-the-indian-constitution/ (last visited on October 15,2023)

[13] M Laxmikant, Indian Polity, p.3.3 (McGraw Hill Education, Chennai, Fifth edition, 2017)

[14] The Constitution of India, art. 20

[15] Id., art. 21

[16] M Laxmikant, Indian Polity, p.3.4 (McGraw Hill Education, Chennai, Fifth edition, 2017)

[17] Minerva Mills Ltd. and Ors. v. Union Of India and Ors.?(AIR 1980 SC 1789)

[18] M Laxmikant, Indian Polity, p.3.4 (McGraw Hill Education, Chennai, Fifth edition, 2017)

[19] ?Constitution of India ? Major Features? available at: https://byjus.com/free-ias-prep/major-features-of-the-constitution/ (last visited on October 15,2023)

[20] The Constitution of India, art.51-A.

[21] Supra note 18

[22] Supra Note 18

[23] The Constitution of India, art. 15

[24] ?Salient features of Indian Constitution? available at: https://www.insightsonindia.com/polity/indian-constitution/salient-features-of-indian-constitution/ (last visited on October 15, 2023)

[25] M Laxmikant, Indian Polity, p.3.6 (McGraw Hill Education, Chennai, Fifth edition, 2017)

[26] The Constitution of India, art. 352

[27] Id., art.356

[28] Id., art. 365

[29] Id., art. 360

[30] Supra note 25

[31] M Laxmikant, Indian Polity, p.4.1 (McGraw Hill Education, Chennai, Fifth edition, 2017)

[32] Supra note 31

[33] ?M Laxmikant, Indian Polity, p.3.13 (McGraw Hill Education, Chennai, Fifth edition, 2017)

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[34] Dr N. V. Paranjape, Indian Legal Constitutional History p.528 (Central Law Agency, Allahabad, Eighth edition, 2018).

[35] Dinesh Singh Chauhan, ?Constitution of India ? The Nation?s Safety Valve? available at: https://www.google.com/search?q=constitution+of+india+is+neither+a+seasonal+document+nor+an+experiment%2C+but+is+a+permanent+textual+document+and+expounded+that+binds+the+posterity+for+ages+to+come.oq=gs_lcrp=EgZjaHJvbWUqCQgHEEUYOxjCAzIJCAAQIxgnGOoCMgkIARAjGCcY6gIyCQgCECMYJxjqAjIJCAMQIxgnGOoCMgkIBBAjGCcY6gIyCQgFECMYJxjqAjIJCAYQIxgnGOoCMgkIBxBFGDsYwgPSAQoxMDIwMWowajE1qAIIsAIBsourceid=chromeie=UTF-8 (last visited on October 16,2023)