The Indian Constitution stands as a testament to the aspirations and ideals of a nation striving for unity, justice, and progress. Crafted over several years of deliberation by visionary leaders, it embodies the collective will of the people and serves as the guiding light of governance in the world’s largest democracy.
A state’s constitution is a foundational framework of principles and established norms that dictate its governance. It delineates the structure, authority, and boundaries of governmental bodies, alongside the rights and responsibilities of citizens. As the highest legal authority, it offers guidelines for the operation of the government, the safeguarding of personal freedoms, and the preservation of societal harmony.
Features of Indian Constitution
Lengthiest Written Constitution:
The Indian Constitution holds the record as the longest written constitution globally, known for its comprehensive and detailed nature. Several reasons have led to its extensive length, such as addressing the immense diversity of the nation, creating a single constitution applicable to both the central and state governments, and the participation of legal experts and eminent figures in the Constituent Assembly.
Drawn from Various Sources:
The Constitution of India borrows extensively from the Government of India Act of 1935 and incorporates elements from various other constitutions worldwide.
Blend of Rigidity and Flexibility:
Unlike rigid or flexible constitutions, the Indian Constitution strikes a balance between both approaches.
The constitution of Indian is neither rigid nor flexible but a synthesis of both. Article 368 provides for amendment of the constitution which provides a blend of rigidity and flexibility.
Federal System with Unitary Bias:
India’s constitution establishes a federal system, yet it includes many unitary features alongside federal ones. The constitution of India establishes a federal system of government. It contains all the usual features of a federation, viz two government, division of powers, written constitution, supremacy of constitution, rigidity of constitution, independent judiciary and bicameralism.
Parliamentary Form of Government:
India adopts the British Parliamentary System, emphasizing cooperation between legislative and executive branches. The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs while the presidential system is based on the doctrine of separation of powers between the two organs.
Synthesis of Parliamentary Sovereignty and Judicial Supremacy:
The Constitution harmonizes the authority of Parliament with the judiciary’s power to interpret laws and safeguard constitutional principles. The doctrine of sovereignty of Parliament is associated with the British Parliament while the principle of judicial supremacy with that of the American Supreme Court.
Integrated and Independent Judiciary:
India’s judiciary operates as an integrated and independent system, enforcing laws at both central and state levels autonomously. Securing the philosophical underpinnings of the rule of law and democracy is crucial. Initially, the framers of the Constitution established a distinct Judiciary, separate from the Legislature and Executive branches. Additionally, the Constitution guarantees the full independence of the Judiciary concerning administration and financial matters.
A Secular State:
India maintains secularism, treating all religions equally without endorsing any as the state religion. India is home to a remarkable diversity of religions, unlike any other country. To honor this diversity, the Constitution guarantees complete freedom of religion to all citizens.
People in our country are free to follow any religion they choose, and they have equal rights regardless of their caste, creed, religion, or gender. The government cannot discriminate against anyone based on their religion, nor can it force anyone to pay taxes for supporting a specific religion. Every individual has the right to practice their religion freely and openly. The Constitution considers religion to be a personal matter and prevents the government from interfering with it. Additionally, the Constitution provides various cultural rights to minority groups.
Universal Adult Franchise:
Every citizen, regardless of background, enjoys the right to vote, promoting democratic participation. Article 326 establishes universal adult franchise as the foundation for elections at all levels of government. It grants every eligible citizen, aged 18 and above, the right to vote for legislative representatives without any discrimination based on factors such as religion, race, caste, gender, lineage, or place of birth or residence.
Single Citizenship:
All citizens have equal political and civil rights across the country, regardless of their state of origin or residence. While the Constitution establishes a dual polity with both the Center and States, it grants single citizenship for all of India. This differs from the United States, where there’s a concept of dual citizenship, comprising citizenship at the federal level and citizenship within a specific state. In India, every citizen holds citizenship across the entire nation, ensuring equal rights for all individuals. This provision underscores the principles of equality, unity, and integrity within the Indian Constitution.
Emergency Provisions:
Emergency provisions empower the President to address extraordinary situations, safeguarding national integrity and democracy. The 73rd and 74th Amendment Acts have introduced rural and urban local bodies as an additional layer of government in the constitutional structure. This initiative aligns with Mahatma Gandhi’s vision of self-sufficient villages in India.
Parts of Indian Constitution
Significance of Constitution
- Rule of Law: The Constitution establishes governance based on the rule of law, ensuring accountability for all individuals, including government officials.
- Protection of Rights: It guarantees fundamental rights to citizens, protecting freedoms like speech, religion, and providing avenues for legal recourse if these rights are violated.
- Government Structure: The Constitution outlines the roles, powers, and limits of the executive, legislative, and judicial branches, preventing the concentration of power and promoting checks and balances.
- Democratic Principles: Through provisions like universal adult franchise, the constitution ensures citizens’ participation in governance through fair elections, upholding democratic values.
- Stability and Continuity: It provides stability and continuity in governance, guiding successive governments and preventing abrupt changes in the political system.
- National Unity: The constitution recognizes and respects the diversity of the populace while fostering a sense of common citizenship and allegiance to the nation, promoting national unity.
- Legal Framework: Serving as the legal foundation, the constitution ensures consistency and coherence in the legal system, forming the basis for all laws and regulations.
- Adaptability: While offering a stable framework, the constitution allows for amendments to address evolving societal needs and values, ensuring its relevance over time.
Criticism of Constitution
- Lack of Representation: Critics argue that the Constituent Assembly wasn’t representative as its members weren’t directly elected by the Indian populace through universal adult franchise.
- Lack of Sovereignty: Some critics contend that the Constituent Assembly lacked sovereignty as it was established based on proposals from the British Government, and its sessions were held with British Government permission.
- Time-Consuming Process: Critics highlight the lengthy duration taken by the Constituent Assembly to draft the Constitution, contrasting it with the four months taken by the framers of the American Constitution.
- Congress Dominance: Critics point out the dominance of the Congress party within the Constituent Assembly, labeling it as a one-party body in a largely one-party nation.
- Lawyer-Politician Dominance: Critics argue that the Constituent Assembly was dominated by lawyers and politicians, with insufficient representation from other societal segments, leading to the complexity of the Constitution’s language.
- Allegations of Hindu Domination: Some critics suggest that the Constituent Assembly was predominantly Hindu-led, drawing parallels to comments made by figures such as Lord Viscount Simon and Winston Churchill, who characterized it as representing primarily one major community in India.
Above all the positive and negative side of constitution, Indian constitution has stood the test of time and proved to be the guiding light for managing one of the world largest democracy.
Also read about Making of Indian Constitution.