The Indian Constitution is one of the bulkiest constitutions of the world. The Constitution, originally consisting of 395 articles and 8 schedules now consisting of 444 articles divided into 22 parts and 12 schedules. The main factors that contributed to the bulk of the constitution were :
1 | Incorporation of good provisions of the Constitution of other countries to avoid future loopholes |
2 | Absence of separate constitution for the states and provision of both central and state structure in the constitution |
3 | Incorporation of Fundamental Rights, Fundamental Duties and Directive Principles of State Policy |
4 | Provisions regarding peculiar problems facing the country, such as problem of Schedule Castes, Schedule Tribes, backward classes, official language etc. |
5 | Inclusion of emergency provisions in the Constitution for the protection of the interests of the country and the people. |
6 | Detailed provisions regarding the organisation of the judiciary, the services, elections and other transitory provisions |
7 | Codification of details regarding centre-state relations to prevent future conflicts |
8 | Enumeration of certain practices, which in other countries operate on the basis of conventions |
2. Combination of Rigidity an d Flexibility
The Indian Constitution is a combination of rigidity and flexibility. While some provisions of the Constitution can be amended by the Parliament by a simple majority, others require a two-third majority of the members of the Parliament as well as a majority in the state legislatures. Again, some provisions of the Constitution can be amended by the Parliament alone by a two-third majority. Further flexibility is introduced in the Constitution by the provisions which permit the Parliament to supplement the provisions of the Constitution by legislation.
3. Parliamentary System of Government
The Constitution provides for a parliamentary system of government under which the real executive power rests with the council of ministers and the President is only a nominal ruler. The council of ministers stay in office as long as they enjoy the confidence of the Parliament. The framers of the Constitution decided to adopt a parliamentary system of government for several reasons. Firstly, the system was already in existence in India and people were well acquainted with its working. Secondly, the vast size of the country and the diversity of its culture necessitated the adoption of parliamentary form of government. Thirdly, the desire to avoid conflicts between the executive and the legislature, which was a common features in America, also induced the members of the Constituent Assembly to opt for a parliamentary system.
4. Federal System with a Unitary Bias
The Indian Constitution provides for a federation with a strong center. It is not worthy that the Constitution has not used the word 'federation', anywhere, and has described India as a 'Union of States', which implies that the Indian federation is not the result of any agreement among the units and the units cannot secede from it. India possesses most of the federal features but also several of the unitary features. The Indian federal structure acquires a unitary character during emergency, when the normal distribution of powers between the center and the states undergoes vital changes.
5. Fundamental Rights
The Constitution contains an elaborated list of Fundamental Rights. The state cannot make laws which take away or abridge any of the fundamental rights of the citizens. If it does so, the court can declare such a law as unconstitutional. It may be noted that the fundamental rights granted by the Constitution are not absolute and are subject to certain restrictions. In other words, the Constitution seeks to strike a balance between individual liberty and social interest.
6. Fundamental Duties
The Constitution contains a list of 11 fundamental duties of the citizens. While ten of these duties were added to the Constitution by the 42nd amendment in 1976, the 11th duty was added by the 86th Constitutional Amendment Act (2002). These duties serve as constant reminders of the citizens that they have to observe certain basic norms of democratic conduct.
7. Directive Principles of State Policy
The Constitution outlines certain Directive Principles of State Policy which the government has to keep in mind while formulating any policy. These principles seek to provide social and economic basis for democracy and the establishment of a welfare state. Unlike Fundamental Rights, the Directive Principles of State Policy are non-justiciable, which implies that no action can be brought against the state before a court of law for its failure to implement the Directive Principles. However, in actuality the government has accorded due importance to the Directive Principles in the formulation of its policies.
8. Secular State
The Constitution makes India a secular state. This means that there is no state religion and the sate is completely detached from religious dogmas. It also implies that citizens are free to profess, practice and propagate any religion. However, freedom of religion is not absolute and the same can be regulated in the interest of the public.
9. Independent Judiciary
The Constitution provides an independent judiciary which ensures that the government is carried on in accordance with the provisions of the Constitution. It acts as the guardian of the liberties and fundamental rights of the citizens. It also determines the limits of the powers of the center and the states.
10. People as Source of Authority
The Constitution draws its authority from the people and has been promulgated in the name of the people. This is evident from the preamble which states 'we, the people of India... do hereby adopt, enact and give to ourselves this Constitution.
11. Universal Adult Franchise
The Constitution introduces universal adult franchise and accords the right to vote to all citizens above 18 years of age without discrimination. However, it makes reservation of seats for Schedule Castes and Scheduled Tribes to provide them adequate representative.
12. Emergency Power
The Constitution vests extraordinary powers in the President during emergencies arising out of armed rebellion or external aggression; emergency due to the breakdown of constitutional machinery in the state; and financial emergency when the credit of the country is threatened. In fact, during emergency the federal Constitution can virtually be converted into a unique Constitution.
13. Single Citizenship
It provides single citizenship. All persons residing in different parts of the country are treated as Indian citizens and are entitled to the same rights of the citizenship. There is no separate citizenship of different states.
14. Bicameral Legislature
It provides a bicameral legislature at the center consisting of the Lok Sabha and the Rajya Sabha. The former contains representatives of the people, while the latter contains representatives of the states.
15. Special Provision for Minorities
The Constitution makes special provision for minorities, Scheduled Castes, Scheduled Tribes, etc. It not only reserves seats for them in the Parliament and state legislatures, but also grants them certain special rights and privileges.
16. Panchayati Raj
The Constitution provides constitutional basis to Panchayati Raj institutions as well as urban local bodies. This was achieved through the seventy-third and seventy-fourth amendments of the Constitution carried out in December 1992.
17. Rule of Law
The concept of 'rule of law' was borrowed from Britain. It implies that on man is above law and all individuals are subject to the jurisdiction of the ordinary courts. There are basically three postulates of Rule of Law.
1. No person can be punished except for the breach of an existing law.
2. All citizens are equal before law and no one is above the law.
3. The Constitution is the Supreme law of the land and all laws passed by the Parliament must be in keeping with the provisions of the Constitution.
18. Strikes Balance between Constitutional Supremacy and Parliamentary Sovereignty
The Indian Constitution combines two seemingly contradictory principles of supremacy of Constitution, (as obtains in USA), and Parliamentary sovereignty (as obtains in Britain). The Supreme Court through its power of judicial review can declare the laws passed by the Parliament as unconstitutional. On the other hand, the Parliament can amend major portions of the constitution.
19. A single Integrated Judiciary
The Constitution provides a single integrated judiciary with the Supreme Court at the top. Below the Supreme Court there are High Courts at the state level. Under the High Court there are subordinate courts. This system of single courts enforces both the central and state laws. This system is at complete variance with the United States where federal laws are enforced by the Federal Courts, while the state laws are enforced by the state courts.
20. Provision of Independent Bodies
Apart from the three traditional organs of government viz. Legislature, Executive and Judiciary, the Indian Constitution provides for certain bodies which work as bulwarks of democratic system. These include
(1) the Election Commission which ensures free and fair elections to Parliament, state legislature and for the post of President and Vice-President;
(2) Comptroller and Auditor General of India which audits the accounts of central and state governments and acts as the guardian of public money;
(3) Public Service Commissions both at the center and state level. They conduct examinations for recruitment of civil services at the center and state. They also advise the President and Governor on disciplinary matters. The Constitution has sought to ensure the independence of the above bodies by assuring the above officials the security of tenure; and by charging their expenses on the Consolidated Fund of India and the states.
4. Federal System with a Unitary Bias
The Indian Constitution provides for a federation with a strong center. It is not worthy that the Constitution has not used the word 'federation', anywhere, and has described India as a 'Union of States', which implies that the Indian federation is not the result of any agreement among the units and the units cannot secede from it. India possesses most of the federal features but also several of the unitary features. The Indian federal structure acquires a unitary character during emergency, when the normal distribution of powers between the center and the states undergoes vital changes.
5. Fundamental Rights
The Constitution contains an elaborated list of Fundamental Rights. The state cannot make laws which take away or abridge any of the fundamental rights of the citizens. If it does so, the court can declare such a law as unconstitutional. It may be noted that the fundamental rights granted by the Constitution are not absolute and are subject to certain restrictions. In other words, the Constitution seeks to strike a balance between individual liberty and social interest.
6. Fundamental Duties
The Constitution contains a list of 11 fundamental duties of the citizens. While ten of these duties were added to the Constitution by the 42nd amendment in 1976, the 11th duty was added by the 86th Constitutional Amendment Act (2002). These duties serve as constant reminders of the citizens that they have to observe certain basic norms of democratic conduct.
7. Directive Principles of State Policy
The Constitution outlines certain Directive Principles of State Policy which the government has to keep in mind while formulating any policy. These principles seek to provide social and economic basis for democracy and the establishment of a welfare state. Unlike Fundamental Rights, the Directive Principles of State Policy are non-justiciable, which implies that no action can be brought against the state before a court of law for its failure to implement the Directive Principles. However, in actuality the government has accorded due importance to the Directive Principles in the formulation of its policies.
8. Secular State
The Constitution makes India a secular state. This means that there is no state religion and the sate is completely detached from religious dogmas. It also implies that citizens are free to profess, practice and propagate any religion. However, freedom of religion is not absolute and the same can be regulated in the interest of the public.
9. Independent Judiciary
The Constitution provides an independent judiciary which ensures that the government is carried on in accordance with the provisions of the Constitution. It acts as the guardian of the liberties and fundamental rights of the citizens. It also determines the limits of the powers of the center and the states.
10. People as Source of Authority
The Constitution draws its authority from the people and has been promulgated in the name of the people. This is evident from the preamble which states 'we, the people of India... do hereby adopt, enact and give to ourselves this Constitution.
11. Universal Adult Franchise
The Constitution introduces universal adult franchise and accords the right to vote to all citizens above 18 years of age without discrimination. However, it makes reservation of seats for Schedule Castes and Scheduled Tribes to provide them adequate representative.
12. Emergency Power
The Constitution vests extraordinary powers in the President during emergencies arising out of armed rebellion or external aggression; emergency due to the breakdown of constitutional machinery in the state; and financial emergency when the credit of the country is threatened. In fact, during emergency the federal Constitution can virtually be converted into a unique Constitution.
13. Single Citizenship
It provides single citizenship. All persons residing in different parts of the country are treated as Indian citizens and are entitled to the same rights of the citizenship. There is no separate citizenship of different states.
14. Bicameral Legislature
It provides a bicameral legislature at the center consisting of the Lok Sabha and the Rajya Sabha. The former contains representatives of the people, while the latter contains representatives of the states.
15. Special Provision for Minorities
The Constitution makes special provision for minorities, Scheduled Castes, Scheduled Tribes, etc. It not only reserves seats for them in the Parliament and state legislatures, but also grants them certain special rights and privileges.
16. Panchayati Raj
The Constitution provides constitutional basis to Panchayati Raj institutions as well as urban local bodies. This was achieved through the seventy-third and seventy-fourth amendments of the Constitution carried out in December 1992.
17. Rule of Law
The concept of 'rule of law' was borrowed from Britain. It implies that on man is above law and all individuals are subject to the jurisdiction of the ordinary courts. There are basically three postulates of Rule of Law.
1. No person can be punished except for the breach of an existing law.
2. All citizens are equal before law and no one is above the law.
3. The Constitution is the Supreme law of the land and all laws passed by the Parliament must be in keeping with the provisions of the Constitution.
18. Strikes Balance between Constitutional Supremacy and Parliamentary Sovereignty
The Indian Constitution combines two seemingly contradictory principles of supremacy of Constitution, (as obtains in USA), and Parliamentary sovereignty (as obtains in Britain). The Supreme Court through its power of judicial review can declare the laws passed by the Parliament as unconstitutional. On the other hand, the Parliament can amend major portions of the constitution.
19. A single Integrated Judiciary
The Constitution provides a single integrated judiciary with the Supreme Court at the top. Below the Supreme Court there are High Courts at the state level. Under the High Court there are subordinate courts. This system of single courts enforces both the central and state laws. This system is at complete variance with the United States where federal laws are enforced by the Federal Courts, while the state laws are enforced by the state courts.
20. Provision of Independent Bodies
Apart from the three traditional organs of government viz. Legislature, Executive and Judiciary, the Indian Constitution provides for certain bodies which work as bulwarks of democratic system. These include
(1) the Election Commission which ensures free and fair elections to Parliament, state legislature and for the post of President and Vice-President;
(2) Comptroller and Auditor General of India which audits the accounts of central and state governments and acts as the guardian of public money;
(3) Public Service Commissions both at the center and state level. They conduct examinations for recruitment of civil services at the center and state. They also advise the President and Governor on disciplinary matters. The Constitution has sought to ensure the independence of the above bodies by assuring the above officials the security of tenure; and by charging their expenses on the Consolidated Fund of India and the states.
No comments:
Post a Comment