Salient Features of the Indian Constitution
The Constitution of India is a remarkable document, blending elements from various world constitutions while establishing a unique framework for governance. Understanding its salient features is crucial for comprehending the political and legal landscape of India, especially for competitive exams like the UPSC.
A Blend of Rigidity and Flexibility
The Indian Constitution is neither entirely rigid nor entirely flexible. Some provisions can be amended by a simple majority of Parliament (like ordinary laws), while others require a special majority, and some even need ratification by half of the state legislatures. This balance allows for adaptation without compromising the foundational principles.
- By a simple majority of Parliament. 2. By a special majority of Parliament. 3. By a special majority of Parliament plus ratification by half of the state legislatures.
Parliamentary System of Government
India adopted a parliamentary system, inspired by the British model. In this system, the executive (Council of Ministers headed by the Prime Minister) is responsible to the legislature (Parliament). This ensures accountability and a close relationship between the two branches of government.
The Indian Parliament is bicameral, consisting of the Lok Sabha and the Rajya Sabha.
The Lok Sabha (House of the People) is the lower house, directly elected by the people, and its members represent constituencies. The Rajya Sabha (Council of States) is the upper house, indirectly elected by the elected members of the state legislative assemblies and representatives of Union Territories. It represents the states in the Union.
The bicameral nature of Parliament is a key feature, facilitating a more deliberative legislative process. The Lok Sabha, with its direct mandate from the people, holds significant power, particularly in financial matters. The Rajya Sabha acts as a check and balance, providing representation to the states and ensuring that legislation is considered from a federal perspective.
Unitary Bias: A Strong Centre
While India is a federal country with a division of powers between the Union and the states, the Constitution exhibits a distinct unitary bias. This means the Central government is generally stronger than the state governments. Several features contribute to this, such as the appointment of Governors by the President, the power of the Centre to create or abolish legislative councils, and the overriding authority of Union laws in certain concurrent list subjects.
The unitary bias ensures national unity and effective governance, especially during emergencies, but it can also lead to tensions between the Centre and the states.
Fundamental Rights
Part III of the Indian Constitution guarantees a set of Fundamental Rights to its citizens. These are essential for the all-round development of individuals and are enforceable by the courts. They include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.
The Fundamental Rights are enshrined in Part III of the Constitution and are justiciable, meaning they can be enforced by the courts. They are often considered the "conscience of the Constitution." Key rights include equality before the law, freedom of speech and expression, freedom of movement, freedom of religion, and the right to life and personal liberty. The right to constitutional remedies (Article 32) allows individuals to approach the Supreme Court for the enforcement of these rights.
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Directive Principles of State Policy (DPSP)
Part IV of the Constitution outlines the Directive Principles of State Policy. These are guidelines for the government to follow while formulating laws and policies. Although not justiciable (enforceable by courts), they are fundamental in the governance of the country and aim to establish a welfare state.
| Feature | Fundamental Rights | Directive Principles |
|---|---|---|
| Justiciability | Justiciable (enforceable by courts) | Non-justiciable (not enforceable by courts) |
| Nature | Civil and political rights | Socio-economic rights and welfare measures |
| Purpose | Protect individual liberties | Promote social and economic justice |
| Enforcement | Courts can enforce | Government should strive to implement |
Fundamental Duties
Added by the 42nd Amendment Act, 1976, Fundamental Duties are a reminder to citizens to uphold the sovereignty, integrity, and unity of India, and to perform their duties towards the nation. They are enshrined in Part IV-A of the Constitution.
Other Key Features
Other significant features include a single integrated judiciary, universal adult franchise, emergency provisions, and a blend of parliamentary sovereignty and judicial review.
Article 32 guarantees the right to constitutional remedies, allowing citizens to approach the Supreme Court for the enforcement of Fundamental Rights.
Learning Resources
Provides a comprehensive introduction to the Indian Constitution, its history, and its key features.
A detailed video explanation of the salient features of the Indian Constitution, tailored for UPSC aspirants.
A video lecture series based on the widely recommended book 'Indian Polity' by M. Laxmikanth, covering salient features.
An insightful blog post explaining the nuances of the parliamentary system adopted in India and its implications.
Direct access to the text of Fundamental Rights as enshrined in Part III of the Indian Constitution.
Detailed explanation of the Directive Principles of State Policy and their role in governance.
An analytical paper discussing the concept of unitary bias in the Indian federal system and its consequences.
A comprehensive overview of the Indian Constitution, its history, structure, and key features.
Concise and well-structured notes on the salient features of the Indian Constitution, ideal for quick revision.
Explains the different methods and procedures for amending the Indian Constitution.