Q. Discuss three major features of Indian Constitution.
The Constitution of India is the supreme law of the land, adopted on 26th November 1949 and enforced on 26th January 1950. It lays the foundation for governance, administration, and the protection of rights in India. It is the longest written constitution in the world and reflects a blend of rigidity and flexibility, unitary and federal features, and liberty with equality. Among its many features, three stand out as particularly significant in shaping Indian democracy:
1. Federal System with Unitary Bias
India has adopted a federal system of government, but it differs from the classical federation (like the USA). The Indian Constitution provides for a quasi-federal structure, which includes the following:
Key Features:
- Division of Powers: There is a three-fold distribution of powers between the Union and the States:
- Union List (e.g., defence, foreign affairs, currency)
- State List (e.g., police, public order, health)
- Concurrent List (e.g., education, marriage laws)
- Strong Centre: In times of emergency (Article 352, 356, 360), the powers of the States are significantly reduced, and India acts like a unitary state.
- Single Constitution and Citizenship: India has a single Constitution for the Union and all States (except Jammu & Kashmir earlier under Article 370), and a single citizenship for all Indians.
Significance:
This structure allows India to maintain national unity and integrity while also accommodating regional diversity. In practice, the Centre enjoys more authority, especially in financial and legislative matters, which makes India a federation with a strong unitary bias.
2. Parliamentary System of Government
India follows a parliamentary form of democracy both at the Centre and in the States, modeled on the British Westminster system.
Key Features:
- Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha (Article 75). If the Lok Sabha passes a vote of no-confidence, the government must resign.
- Bicameral Legislature: The Parliament consists of the President, Lok Sabha (Lower House), and Rajya Sabha (Upper House).
- Nominal and Real Executive:
- The President is the nominal (constitutional) head of state.
- The Prime Minister and the Council of Ministers exercise real power.
- Leadership of the Prime Minister: The Prime Minister is the central figure in the executive and leads the functioning of the government.
Significance:
This system ensures accountability of the executive to the legislature and thereby to the people. It promotes responsible governance, checks and balances, and smooth functioning of democratic institutions.
3. Fundamental Rights and Fundamental Duties
One of the most progressive features of the Indian Constitution is the guarantee of Fundamental Rights (Part III) to all citizens, along with the inclusion of Fundamental Duties (Part IVA).
a) Fundamental Rights (Articles 12 to 35):
They protect individual liberty and ensure equality before the law. Major categories include:
- Right to Equality (Articles 14–18): Prohibition of discrimination, equality before law, abolition of untouchability.
- Right to Freedom (Articles 19–22): Freedom of speech, movement, assembly, profession.
- Right against Exploitation (Articles 23–24): Ban on forced labour and child labour.
- Right to Freedom of Religion (Articles 25–28): Freedom of conscience and religion.
- Cultural and Educational Rights (Articles 29–30): Rights of minorities to preserve their culture and establish educational institutions.
- Right to Constitutional Remedies (Article 32): Right to approach the Supreme Court for enforcement of Fundamental Rights (called the “heart and soul” of the Constitution by Dr. Ambedkar).
b) Fundamental Duties (Article 51A):
Added by the 42nd Amendment Act, 1976, these duties remind citizens of their responsibility to:
- Respect the Constitution and national symbols
- Promote harmony and the spirit of common brotherhood
- Protect the environment and public property
- Develop scientific temper and humanism
Though non-justiciable (not enforceable by courts), these duties promote a sense of moral obligation among citizens.
Significance:
The inclusion of rights empowers individuals, especially marginalized sections, while duties promote civic responsibility and national integration. Together, they form the moral and legal foundation of Indian democracy.
Conclusion:
The Indian Constitution is a visionary document that lays down the political, social, and economic philosophy of the nation. The federal structure with unitary features, the parliamentary system of governance, and the comprehensive framework of rights and duties make it a living document. These three features are central to India’s democratic success, ensuring inclusivity, accountability, and justice for all citizens.