Salient Features of the Indian Constitution

The Indian Constitution, one of the longest and most detailed in the world, is a unique document that blends various features to cater to India's diverse social, economic, and political needs. Below are its salient features along with relevant case laws:

1. Written and Lengthiest Constitution

  • The Indian Constitution has 465 Articles, 25 Parts, and 12 Schedules, making it one of the most detailed constitutions globally.
  • Case Law: Kesavananda Bharati v. State of Kerala (1973)
    • The Supreme Court upheld the supremacy of the Constitution, emphasizing its written and comprehensive nature.

2. Sovereign, Socialist, Secular, Democratic Republic

  • The Preamble declares India as:
    • Sovereign: Independent in internal and external matters.
    • Socialist: Commitment to reduce inequalities.
    • Secular: Equal respect for all religions.
    • Democratic Republic: Elected representatives and no monarchy.
  • Case Law: S.R. Bommai v. Union of India (1994)
    • The Court held that secularism is a basic feature of the Constitution.

3. Federal with Unitary Bias

  • Power is divided between the Centre and States (Seventh Schedule), but during emergencies, the Centre assumes greater authority.
  • Case Law: State of West Bengal v. Union of India (1963)
    • The Court held that the Indian Constitution is not purely federal but quasi-federal with unitary features.

4. Parliamentary Form of Government

  • India follows a dual executive system:
    • Nominal Head: President.
    • Real Head: Prime Minister and Council of Ministers.
  • The government is accountable to the legislature.
  • Case Law: Shamsher Singh v. State of Punjab (1974)
    • The Court reaffirmed that the President acts on the advice of the Council of Ministers.

5. Fundamental Rights (Articles 12-35)

  • These rights guarantee individual freedoms and protect against state encroachment, forming the cornerstone of the Constitution.
  • Case Law: Maneka Gandhi v. Union of India (1978)
    • Expanded the scope of Article 21, ensuring the right to life includes dignity, personal liberty, and privacy.

6. Directive Principles of State Policy (DPSPs)

  • Enshrined in Part IV, these principles aim to establish social and economic democracy.
  • Case Law: Minerva Mills v. Union of India (1980)
    • The Court held that DPSPs and Fundamental Rights are complementary and form the Constitution's basic structure.

7. Fundamental Duties

  • Added by the 42nd Amendment (Article 51A), these duties promote civic responsibility among citizens.
  • Case Law: Ranganath Misra v. Union of India (1992)
    • Highlighted the importance of balancing rights and duties for societal harmony.

8. Independent Judiciary

  • The judiciary safeguards the Constitution through judicial review and acts as the guardian of Fundamental Rights.
  • Case Law: Kesavananda Bharati v. State of Kerala (1973)
    • Introduced the doctrine of basic structure, ensuring the judiciary's role in preserving constitutional supremacy.

9. Single Citizenship

  • Unlike the USA, India provides single citizenship to promote unity and prevent regionalism.
  • Case Law: Pradeep Jain v. Union of India (1984)
    • The Court emphasized that single citizenship ensures equality and integration.

10. Universal Adult Suffrage

  • Every citizen above 18 years has the right to vote irrespective of caste, religion, or gender (Article 326).
  • Case Law: Lily Thomas v. Union of India (2013)
    • Emphasized the importance of a free and fair electoral process.

11. Preamble as a Guiding Principle

  • The Preamble reflects the Constitution's ideals of justice, liberty, equality, and fraternity.
  • Case Law: Berubari Union Case (1960)
    • The Supreme Court clarified that the Preamble is not enforceable but serves as the Constitution's guiding spirit.

12. Emergency Provisions

  • Articles 352, 356, and 360 allow the Centre to assume extraordinary powers during national or state emergencies.
  • Case Law: S.R. Bommai v. Union of India (1994)
    • The Court laid down guidelines to prevent misuse of emergency provisions.

13. Special Provisions for Weaker Sections

  • Reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes under Articles 15(4), 16(4), and 46.
  • Case Law: Indra Sawhney v. Union of India (1992)
    • Upheld the 27% reservation for OBCs but introduced the concept of the "creamy layer."

14. Secularism

  • The state treats all religions equally without favoring or discriminating against any.
  • Case Law: Bijoe Emmanuel v. State of Kerala (1986)
    • The Court protected religious freedoms under Article 25.

15. Amendment Procedure

  • Article 368 provides for a mix of rigid and flexible amendment processes.
  • Case Law: Kesavananda Bharati v. State of Kerala (1973)
    • Introduced the basic structure doctrine, limiting Parliament's power to amend fundamental features of the Constitution.

16. Bicameral Legislature

  • The Indian Parliament consists of two houses: Lok Sabha and Rajya Sabha.
  • Case Law: Kuldip Nayar v. Union of India (2006)
    • The Supreme Court upheld changes in the election process of Rajya Sabha members.

17. Independent Election Commission

  • The Election Commission ensures free and fair elections in India (Article 324).
  • Case Law: TN Seshan v. Union of India (1995)
    • Strengthened the independence of the Election Commission.

18. Flexible and Dynamic Nature

  • The Indian Constitution adapts to changing circumstances through amendments.
  • Case Law: I.C. Golaknath v. State of Punjab (1967)
    • Earlier, the Court held that Fundamental Rights cannot be amended, later overruled in Kesavananda Bharati.

Conclusion

The Indian Constitution’s salient features make it a blend of flexibility, inclusivity, and adaptability. Landmark judgments by the Supreme Court further enhance its effectiveness, ensuring the protection of democratic ideals and fundamental rights.


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