11 Salient Features of Indian Constitution
Published on: 10 July, 2020
The Constitution of India is one of the finest-crafted Constitutions in the World. This Constitution is made by the Constituent Assembly under the Cabinet mission plan. This Constituent Assembly started its work from 26 November 1946. That’s why every year we celebrate Constitution Day on 26 November. It took 2 years, 11 months and 18 days to complete our Constitution.
India Constitution day celebration: 26 November.
B.R. Ambedkar was the head of the most important committee which was the drafting committee of the Constitution of India. He drafted the entire Constitution. This Constitution was enforced from 26 January 1950. That’s why we celebrate republic day every year on this day.
Following are the salient features of the Indian Constitution:
1. Lengthiest written Constitution in the World
The Constitution of India is the lengthiest written Constitution in the World. It is because not only the essential rights are given under it but detailed administrative instructions are also given under it. Our constitution has given the place to various organizations like Civil services (under Article 308- 323).
One of the other reasons why this Constitution is so huge is because there is a single Constitution for entire India. India is a huge country and it needed detailed rules to be applied to various parts of the States. Due to this a massive constitution is made.
One of the other reasons why this Constitution is so huge is because there is a single Constitution for entire India. India is a huge country and it needed detailed rules to be applied to various parts of the States. Due to this a massive constitution is made.
2. Made from many different sources
Different parts of our Constitution are taken from various countries. The maker of our Constitution took the structural part of the Constitution from the Government of India Act, 1935.
Following are the various sources of Indian Constitution:
a. United States of America
- Fundamental Rights,
- Independence of Judiciary,
- Judicial Review,
- Impeachment of President and Supreme Court Judges.
b. United Kingdom
- Single Citizenship,
- Parliamentary system of Government,
- Rule of Law,
- Prerogative writs
c. Canada Constitution
- Quasi Federal Government system,
- Appointment of Governors.
d. Australia Constitution
- Concurrent List,
- Joint sitting of 2 houses of the Parliament,
- Freedom of Trade.
e. USSR
- Fundamental duties,
- Social, Economic and Political Justice.
f. Ireland
- Directive Principles of State Policy,
- Election of President.
g. Germany
- Emergency provisions like Suspension of Fundamental Rights during an emergency.
h. France:
- Republic
i. South Africa
- Amendment of Constitution
- Election of members of Rajya Sabha.
j. Japan
- Procedure established by law.
3. Universal Adult Franchise
Our Constitution makers gave the right to vote to every citizen of India who was above 21 (now age is 18). The western democracy took many years while giving this right to everyone.
4. Single Citizenship
Indian Constitution is having the provision of Single Citizenship. This means that anyone who takes the citizenship of some other country will automatically lose the citizenship of India. This concept of Citizenship is taken from the British Constitution. There are various benefits which citizens can enjoy by simply being a citizen. Right to vote, get elected to posts like President, Member of Parliament are all only available for the citizens of India.
5. Free Judiciary
The Judiciary is free to give decisions and is not dependent on the government in India. An independent Judiciary is very much needed in a democracy. It protects its citizens from the arbitrary acts of the governments. There are various Fundamental rights which are given under the Constitution. The Judiciary has to enforce these fundamental rights using its power under article 32 and article 13.
6. Quasi Federal Constitution
Quasi federal means it seems to be federal but it is not completely federal as it is having some serious tilt towards the central government. In the times of emergency, the Central government is having much more powers than the State Governments.
7. Parliamentary form of Government
This form of governance is adopted from the British Constitution. India adopted it because she was experienced in following this form of government. This is often called a Westminster form of government. In this type of government, the executive is responsible and answerable to the legislature through various methods and forms.
8. A mixture of Rigidity and Flexibility
Under the constitution, it is seen that there are many provisions which can be amended by a simple majority in the Parliament. On the same time, there are various provisions under Article 368 which needs a special majority, especially the matters which are affecting the policies of the State government.
9. Directive Principles of State Policy
These are some principles which are given under Article 36 to 51. These principles are providing a guideline to the State to create policies which are essential for the Welfare of the People. Although these principles are not justifiable in the Court then also the State has created various laws due to which some of these principles are Constitutional rights now. The biggest example of this is Right to Education under the Article 21 A. Before this was a part of Directive principle but now there is a law made and added in Fundamental Rights to make it justiciable right.
10. Fundamental Duties
These duties were not part of the original Constitution but later there was a need felt for these duties. Taking inspiration from USSR the government of India added 11 Fundamental Duties under Article 51 A in the Constitution. They were added as part of the 42nd Constitutional amendment in the year 1976. There was a need felt by the State that the citizens of India must follow these principles to show respect to our Nation.
11. Fundamental Rights
Fundamental rights are given under Part 3 of the Indian Constitution (Article 12-35). They are the Universal rights which are given to each citizen of India. Article 15, 16, 19, 29 and 30 are available for all the citizens of India. Article 14, 20, 21, 21A, 23, 24 and 25-28 are given to everyone who is living in this country except to the citizens of enemy countries.
Let us understand every fundamental right one by one:
There are 6 Fundamental rights which are given by the Indian constitution. Initially, there were 7 but Article 31- Right to property was removed from the fundamental rights (44th Amendment) and was added as a statutory right in Article 300 A.
a. Right to Equality (Article 14-18): Right to equality is a group of 5 Article which is given under the constitution. These 5 Articles are as follows:
1. Article 14: Equality before the law and equal protection of Laws
2. Article 15: Prohibition of Discrimination Against Citizens
3. Article 16: Equality of opportunity in Public Employment
4. Article 17: Abolition of Untouchability
5. Article 18: Abolition of Titles
1. Article 14: Equality before the law and equal protection of Laws
2. Article 15: Prohibition of Discrimination Against Citizens
3. Article 16: Equality of opportunity in Public Employment
4. Article 17: Abolition of Untouchability
5. Article 18: Abolition of Titles
Article 14 covers all the persons who are living in India, whereas other 4 rights in this part are only for the citizens of the country. This right gives the guarantee to every citizen that the state will not discriminate between its citizens. All citizens will get equality before the law and equal protection of the law.
Article 15 of the Indian constitution prohibits the discrimination by the State on any of the specified grounds namely, religion, race, caste, sex or place of birth.
Article 16 of the Indian constitution gives, “equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.”
Article 17 abolishes the Untouchability and makes it a criminal offence. The government of India enacted various laws for the effective implementation of this article like Schedule Caste and Schedule Tribes (Prevention of atrocities) Act 1989.
Article 18 abolishes titles. It prohibits the state from giving any titles to any person except military and academic titles. This article also stops Indian citizens from accepting any titles from any other foreign countries.
Article 15 of the Indian constitution prohibits the discrimination by the State on any of the specified grounds namely, religion, race, caste, sex or place of birth.
Article 16 of the Indian constitution gives, “equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.”
Article 17 abolishes the Untouchability and makes it a criminal offence. The government of India enacted various laws for the effective implementation of this article like Schedule Caste and Schedule Tribes (Prevention of atrocities) Act 1989.
Article 18 abolishes titles. It prohibits the state from giving any titles to any person except military and academic titles. This article also stops Indian citizens from accepting any titles from any other foreign countries.
b. Right to Freedom (Article 19 – 22 ): Under Article 19(1), there are 6 Fundamental freedoms given to the citizens of India:
- Freedom of Speech and Expression;
- Freedom to assemble peaceably and without arms;
- Freedom to form associations or Unions or [Cooperative Societies];
- Freedom to move freely throughout the territory of India;
- Freedom to reside and settle in any part of the territory of India;
- Freedom to practise any profession, or to carry any occupation, trade or business.
These above freedoms are not absolute; they are subject to reasonable restrictions.
Article 20 protects in respect of conviction for offences:
Article 21 says that no person shall be deprived of his right to life and personal liberty except according to the procedure established by law. This right is available to the citizens and Foreigners both.
Article 22 of the constitution gives protection against arrest and detention. This article talks about minimum procedural requirements that must be included in any law enacted by the Legislature following which a person may be deprived of his life and personal liberty.
Article 20 protects in respect of conviction for offences:
- Ex-post facto Laws: Laws made after the happening of an offence
- Double Jeopardy: No person shall be punished for an offence more than once.
- Self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.
Article 21 says that no person shall be deprived of his right to life and personal liberty except according to the procedure established by law. This right is available to the citizens and Foreigners both.
Article 22 of the constitution gives protection against arrest and detention. This article talks about minimum procedural requirements that must be included in any law enacted by the Legislature following which a person may be deprived of his life and personal liberty.
c. Right Against Exploitation (Article 23-24): Article 23 prohibits traffic in human beings and forced labour. This is made a punishable offence under the law.
Article 24 prohibits the employment of children in factories. No child below the age of 14 years is allowed to work in any factory or mine or any other hazardous employment.
Article 24 prohibits the employment of children in factories. No child below the age of 14 years is allowed to work in any factory or mine or any other hazardous employment.
d. Right to Freedom of Religion (Article 25-28): Article 25 of the constitution provides freedom of conscience and free profession, practice and propagation of religion. This article is subject to public order, morality and health.
Article 26 of the constitution gives the freedom to manage religious affairs to everyone. Every religious entity can establish institutions for religious and charitable purposes. They can also own property.
Article 27 gives the freedom from payment of taxes for promotion and maintenance of any religion or religious institution.
Article 28 of the constitution bans the use the educational institutions which are funded by the state for the religious instructions. This provision won’t be invoked if the educational institution is run by a trust.
Article 26 of the constitution gives the freedom to manage religious affairs to everyone. Every religious entity can establish institutions for religious and charitable purposes. They can also own property.
Article 27 gives the freedom from payment of taxes for promotion and maintenance of any religion or religious institution.
Article 28 of the constitution bans the use the educational institutions which are funded by the state for the religious instructions. This provision won’t be invoked if the educational institution is run by a trust.
e. Cultural and Educational Rights (Article 29-30) : This part of the constitution is important for the preservation of the diverse languages and different beliefs of the nation.
Article 29 guarantees the protection of language, script and culture for all the citizens of the country who are living in the country.
Article 30 of the constitution gives the right to establish and administer the educational institutions of the minorities.
Article 29 guarantees the protection of language, script and culture for all the citizens of the country who are living in the country.
Article 30 of the constitution gives the right to establish and administer the educational institutions of the minorities.
f. Right to Constitutional Remedies (Article 32):This is the most important right of the constitution of India as without this right all other rights will never work. This is the right to move to the Supreme Court for the enforcement of Fundamental Rights.
This article gives the right power to the Supreme Court to issue directions or orders or writs including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the rights given in part 3 of the constitution.
Habeas corpus is issued for the ultra Vires detention or imprisonment of a person by a private person or the government.
Mandamus means command. This writ commands the person to perform some public or quasi-public legal duty which he has refused to perform.
This article gives the right power to the Supreme Court to issue directions or orders or writs including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the rights given in part 3 of the constitution.
Habeas corpus is issued for the ultra Vires detention or imprisonment of a person by a private person or the government.
Mandamus means command. This writ commands the person to perform some public or quasi-public legal duty which he has refused to perform.
Prohibition is issued by the Supreme Court or High Court to lower court forbidding them to discontinue proceeding in a case which is outside its jurisdiction.
Certiorari is issued against the decision of a lower court quashing its decision where it is acting beyond its jurisdiction.
Quo Warranto is issued by the court when it enquires into the legality of the claim of a person to public office and if the office is found in wrong possession then that person is removed.
Certiorari is issued against the decision of a lower court quashing its decision where it is acting beyond its jurisdiction.
Quo Warranto is issued by the court when it enquires into the legality of the claim of a person to public office and if the office is found in wrong possession then that person is removed.
