1.2 - The Indian Constitution: Key Features

The Indian Constitution is a written document that serves as the supreme law of India. It was adopted on January 26, 1950, and lays down the framework for the political system, governance, and fundamental rights in the country. Here are the key features of the Indian Constitution:

1. Written and Detailed Constitution

The Indian Constitution is a written and detailed document. It contains a clear and organized structure, with provisions related to the organization of government, the division of powers, and fundamental rights. It is the longest written constitution in the world, consisting of 448 articles and 12 schedules (as of now), divided into various parts.

2. Federal System of Government

India follows a federal system of government, which means that there is a division of powers between the central government and the state governments. However, unlike a traditional federal system, India has a strong central government. The Constitution defines the powers of both the central and state governments, and includes three lists:

• Union List – Subjects on which only the central government can legislate.
• State List – Subjects on which only the state governments can legislate.
• Concurrent List – Subjects on which both the central and state governments can legislate.

3. Fundamental Rights

One of the most important features of the Indian Constitution is the inclusion of Fundamental Rights. These rights are guaranteed to every citizen and cannot be taken away by the government. These include the right to equality, right to freedom of speech, right to life and personal liberty, and the right against exploitation. The Fundamental Rights are part of Part III of the Constitution and are enforceable by the courts.

4. Secular State

India is a secular state, meaning there is no state religion. The Constitution guarantees that all religions are treated equally and no one is discriminated against based on their religion. The Indian state does not promote any particular religion and ensures religious freedom for all its citizens.

5. Parliamentary System

The Indian Constitution establishes a parliamentary system of government based on the British model. It consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Prime Minister is the head of government, while the President is the ceremonial head of state. The government is responsible to the Lok Sabha, which is directly elected by the people.

6. Independent Judiciary

The Indian Constitution provides for an independent judiciary, which means that the judiciary is separate from the executive and legislature. The Supreme Court of India is the highest judicial body, and its decisions are binding. The judiciary ensures that laws and government actions are in accordance with the Constitution and protects the fundamental rights of citizens.

7. Single Citizenship

India provides for single citizenship for all its citizens. Unlike countries like the United States, where citizens can hold dual citizenship (state and national), every Indian citizen is only a citizen of India. This helps maintain unity and integrity within the country.

8. Republic Nature

The Indian Constitution declares India to be a Republic, meaning that the head of state, the President, is elected by the people and not a hereditary monarch. The President's term is fixed at 5 years, and the officeholder is subject to the will of the people through elections.

9. Amendment Process

The Indian Constitution is a flexible document. It can be amended to meet the changing needs of society. The Constitution provides for a special procedure to amend its provisions under Article 368. However, amendments can only be made by Parliament and must be ratified by a majority of the states in some cases.

10. Directive Principles of State Policy

The Directive Principles of State Policy (DPSP) are guidelines set out in Part IV of the Constitution. These principles aim to establish a social order based on justice, ensuring that the government works towards the welfare of the people. Though not legally enforceable, these principles guide the policies and decisions of the government.