Features Of Constiution

Background – Features Of Constitution

The Constitutions is the foundation of governance setting out the core principles and structure that guide a nations legal systems. Each aspect plays a role, in upholding governance ensuring fairness and safeguarding individual freedoms. The document also compares constitutions like those of the United States, the United Kingdom, Canada and South Africa. The U.S. Constitution is known for its brevity and leading role in federalism. Safeguarding rights, while the UK relies on statutes, common law and conventions for its unwritten constitution. Canada constitution combines American influences explicitly protecting multiculturalism and minority rights whereas South Africa post apartheid constitution prioritizes rights and social justice with a focus on extensive socio economic rights.

By comparing these models the paper showcases how the Indian Constitution effectively deals with the country diversity and complexity by striking a balance between central authority strength and regional autonomy while ensuring both personal freedoms and social justice. This comparative analysis deepens our insight into how constitutional frameworks function within their historical and cultural settings and underscores the significance of constitutional design, in fostering effective governance while safeguarding basic rights.

Introduction

Constitutions are the supreme legal documents of nations that provide the structure of government, the division of powers and the basic rights of citizens. Most constitutions share certain similarities in terms of their provisions.

The Constitution of India was adopted by the Constituent Assembly on 26th November, 1949^[1] and is considered to be the lengthiest written constitution in use that contains a whopping 395 Articles, 12 Schedules and 98 Amendments. The Indian Constitution is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions, and sets out fundamental rights, directive principles and duties of citizens. The Indian Constitution is unique in its contents and its spirit reflecting as it does the sagacity and experience of the making of previous constitutions.

One of the most remarkable features of the Indian Constitution is its quasi-federal structure. It establishes a strong central government, but also gives significant authority to states because of India’s diversity in culture, language and region. The constitution’s explicit commitment to accommodate such differences is apparent in various provisions. The second innovative feature is the inclusion of lists of rights: fundamental rights and directive principles. These lists enshrine our commitment to both social justice and the protection of individual liberties.

Unlike other great constitutions, such as those of the United States, the United. Kingdom, Canada and South Africa’, the Indian Constitution does not reflect Constitutional principles expressly evolved for shepherding a territory to nationhood.

Key Features of Constitutions

Supremacy of the Constitution

As per this feature our constitution is considered to be supreme and no law is above it. It is also called the law of the land as all policies, law, action performed by government must conform to the constitution. This ensures that no one is above constitution in India.

Separation of Powers :

With this feature of constitution power of government is divided in 3 branches which are ecutive, legislative, and judicial. Each one have their own responsibilities assign and no one interfere in each others matter.

Fundamental Rights:

Our constitution provide certain set of fundamental right to its citizens in order to protect individual liberties and ensure equality before law. Any violation of citizens fundamental right will lead to serious consequences.

Maneka Gandhi v. UOI (1978)^[2]

One of the main issues in this case was whether the freedom to go overseas is covered by the concept of the right to personal liberty in Article 21. The SC claims that it is a component of the right to individual liberty. The Supreme Court further ruled that limiting one’s freedom only required a statute to permit it. Such a law also needs to be “just, fair and reasonable.”

Federalism

Federalism in the Indian Constitution is characterized by the distribution of powers between the central government and the states, allowing for both levels of government to function within their defined spheres. Here are the key features of federalism as it pertains to the Indian Constitution:

Division of Powers: The Constitution divides powers between the central government and the states through three lists:
- Union List: Contains subjects on which only the central government can legislate (e.g., defense, foreign affairs).
- State List: Contains subjects on which only state governments can legislate (e.g., police, public health).
- Concurrent List: Contains subjects where both levels can legislate (e.g., education, marriage). In case of conflict, central law prevails.

Supremacy of the Constitution: The Constitution is the supreme law of the land, and any law inconsistent with it is void. This ensures that both central and state governments operate within constitutional boundaries.
Single Constitution: Unlike some federal systems, India has a single Constitution that governs both the central and state governments, creating a unified legal framework.
Distribution of Revenue: The Constitution provides mechanisms for financial distribution between the central and state governments, including the Goods and Services Tax (GST) and the Finance Commission, which recommends the distribution of tax revenues.
Emergency Provisions: The Constitution allows the central government to assume greater powers during emergencies, which can affect the federal balance. For instance, during a national emergency, the central government can legislate on subjects in the State List.
Independent Judiciary: The judiciary interprets the Constitution and has the authority to adjudicate disputes between the central and state governments, ensuring that both adhere to their constitutional roles.
Protection of State Rights: The Constitution includes provisions to protect the rights of states and maintain their powers, ensuring that the federal structure is respected.

It is a system where power is divided between centre and state. Each work on their level and delegates it’s power to lower level.

Rule of Law

As per this features everyone including government officials are also subject to law and no one is above law and everyone is obliged to follow it.

Judicial Review

Judicial review is the power given to courts to interpret the constitution and invalidate laws and actions that are found to be unconstitutional. This feature ensures that legislative and executive actions conform to constitutional norms.

Amendment Process

Constitutions provide a formal process for amendments allowing for changes and adaptations over time. This process is not easy and is followed by a complex procedure.

Keshavananda Bharati v. State of Kerala (1973)^[3]

In this case, the Supreme Court established the fundamental framework. The court ruled that although if the Parliament might change any part of the Constitution, including the Fundamental Rights the Constitution’s fundamental framework could not be changed. This serves as the foundation for Indian law, giving the judiciary the authority to nullify any amendment passed by Parliament that goes against the core values of the Constitution.

Bill of Rights

A Bill of Rights is a formal declaration of the fundamental rights and freedoms guaranteed to individuals. It serves as a crucial part of constitutions which protects personal liberties and ensuring justice.

Comparative Analysis of Various Constitutions –

United States Constitution

The U.S. Constitution is characterized by its federalism, a strong emphasis on individual rights through the Bill of Rights, separation of powers and judicial review.

Amending the U.S. Constitution requires a two-thirds majority in both houses of Congress and by three-quarters of the states.

It is the first written constitution establishing the model of a presidential system with a strong executive.

United Kingdom Constitution

The UK constitution is unique as it is unwritten in nature comprising statutes, common law and conventions. It is based on the principles of parliamentary sovereignty and the rule of law.
The UK constitution is highly flexible as changes can be made through simple acts of Parliament.
Its lack of a single written document and reliance on historical documents like the Magna Carta and the Bill of Rights 1689 make it distinctively adaptable and evolutionary.

Indian Constitution

India’s constitution features a federal structure with a strong central government, an extensive and detailed document and a blend of fundamental rights and directive principles of state policy.
Amendments require a majority in Parliament with some provisions needing ratification by at least half of the states.
It is the lengthiest constitution in the world, reflecting the diversity and complexity of Indian society.

Distinctive features that make the Indian Constitution unique are –

Length and Detail
Longest Written Constitution^[4]: The Indian Constitution is the longest written constitution in the world and it consist of 395 articles, 22 parts and 8 schedules. It deals with vast diversity of India.
Blend of Rigidity and Flexibility^[5]
The Indian Constitution strikes a balance between rigidity and flexibility. Provisions can be amended by a simple majority in Parliament, while others require a two-thirds majority and in some cases ratification by at least half of the state legislatures.

Adaptability:

This balanced approach has allowed the constitution to evolve over time. As of 2024, it has been amended 105 times.

Federal Structure with a Strong Center

The Indian Constitution establishes a federal system with a strong central government and is described as “quasi-federal.” It also provide distribution of powers between the central government and state governments but the rule of center is applied at the time of any emergency.

Detailed Fundamental Rights and Directive Principle

Part III of the Indian Constitution enumerates Fundamental Rights which guarantee civil liberties to all citizens, including the right to equality, freedom of speech and expression and protection against discrimination.

Unique Features of the Parliamentary System

India adopts a parliamentary system of government where the executive is responsible to legislature. The President of India is the head of state whereas the Prime Minister is the head of government, leading the Council of Ministers.

The Indian Constitution includes provisions for reservation of seats in legislatures, government jobs and educational institutions for Scheduled Castes, Scheduled Tribes and Other Backward Classes.

Independent and Powerful Judiciary

The Indian judiciary is independent and has the power of judicial review to ensure that laws and executive actions conform to the constitution. The Supreme Court and High Courts can strike down laws that violate constitutional provisions.

Single Citizenship

Unlike some federal systems where individuals hold dual citizenship, the Indian Constitution provides for single citizenship. This fosters a sense of national unity and solidarity emphasizing the idea of India as one nation.

Language Provisions

India is a diverse country with a lot of languages used in each and every state. Our constitution provide for the use of Hindi as an official language while states to have their own official languages.

Canadian Constitution^[6]

The Canadian constitution includes federalism, the Charter of Rights and Freedoms, parliamentary democracy and judicial review.
Amendments require approval by both houses of Parliament and at least two-thirds of the provinces representing at least 50% of the population.
It merges British traditions with American federalism and explicitly protects multiple culture and minority rights.

South African Constitution

South Africa’s constitution emphasizes human rights and social justice with a strong judicial review mechanism and a comprehensive Bill of Rights.
Amendments need a two-thirds majority in the National Assembly and approval by the National Council of Provinces.

Conclusion

The Indian Constitution is not just a document, rather it is as an unending text of the aspirations of a nation and a rainbow. It is the lengthiest national constitution that contains more than 80,000 words. The makers of the Indian Constitution wanted to make it strong enough and also keep it flexible so that it can be able to serve the needs of such a diverse populace also with time.

The Indian Constitution is one of the most detailed constitutions in the world. With its 395 articles and many schedules, it details the different aspects involved in governance ranging from issues such as fundamental rights, to powers of the Central and State governments. This ensures that the country is well-equipped with a solid law-book that accounts for its diversity and population.

The balance of rigidity and flexibility – the constitution of India is neither too rigid nor too flexible. It contains the basic elements that a typical constitution should have, to be named a constitution. The amendment process in the Indian Constitution allows for changes required based on time and circumstances without changing its basic structure i.e., it can adapt itself with changing socio-political environments.

The quasi-federal structure of the Indian Constitution is best suited to the needs of the country. By providing for a strong Centre with considerable powers and protecting at the same time, the autonomy, of units-the States, it is flexible enough to allow India’s vast diversity in culture, languages or geographical positions without affecting her unity.

The Indian Constitution is not merely a legal framework but a living document that embodies the aspirations and values of a diverse nation. Its detailed provisions, adaptability, federal structure and commitment to justice and equality make it a robust and resilient foundation for governance. This enduring relevance and flexibility underscore its stature as one of the most comprehensive and forward-looking constitutions in the world.