The Special Features of Indian Constitution

The Special Features of Indian Constitution

Introduction

• The Constitution of India is the lengthiest and most comprehensive of all the written constitutions of the world.

• Originally, the Constitution of India consisted of 395 Articles divided into 22 parts and 8 Schedules (Now 25 Parts and 12 Schedules).

• Unlike the federal Constitutions of the USA and Australia, the Indian Constitution lays down provisions relating to the Governmental machinery not only in the Centre but also in the States.

• The Indian Constitution provides for matters of administrative detail.

Centre-State Relations and Special Provisions

• The Constitution contains detailed provisions relating to Centre-State relations, including the emergency provisions.

• Special status has been given to Jammu & Kashmir and some other states such as Nagaland, Mizoram, Assam, Gujarat, etc.

• Under the Constitution, the people of India are the ultimate sovereign.

Number of Articles

• Due to the exercise of 'adding and subtracting' the 'Insertions and Repeals' of various Articles/Clauses made by the Amendments to the Constitution, the confusion/dilemma about the number of Articles has prevailed.

• But, the changes made by the Amendments were named 'Clauses' of some Articles and not 'Separate Articles'. Hence, technically, there are only 395 Articles in the Constitution of India.

Form of Government

• The Constitution of India establishes a Parliamentary form of Government both at the Centre and in the States.

• The Indian Constitution, though written, is sufficiently flexible.

Fundamental Rights and Duties

• The Constitution declares certain Fundamental Rights of the individual.

• It is a unique feature of the Indian Constitution that it makes the citizens' duties a part of the basic law of the land.

Directive Principles of State Policy

• One of the most important and unique features of the Indian Constitution is the provisions of the Directive Principles of State Policy to secure a truly welfare State.

Distribution of Legislative Powers

• The Indian Constitution distributes the legislative subjects on which the Parliament and State Legislature can enact laws under three lists, viz. Union List, State List, and Concurrent List.

Judiciary and Its Independence

• The Indian Constitution, unlike other federal Constitutions, provides for a single unified judiciary with the Supreme Court at the apex, the High Courts in the middle, and the Subordinate Courts at the bottom.

• There are provisions in the Constitution to ensure the independence of the judiciary.

• The Constitution of India has adopted a balance between the American system of Judicial Supremacy and the British principle of Parliamentary Supremacy.

Emergency Provisions

• The most remarkable feature of the Indian Constitution is that, being a federal Constitution, it acquires a unitary character during the time of emergency.

Universal Adult Franchise

• Under the Indian Constitution, every adult above 18 years of age has been given the right to elect representatives for the legislature without prescribing any qualification based on sex, property, education, or the like.

Secular State

• A distinctive feature of the Indian Constitution is that it provides for the establishment of a Secular State.

• Regardless of their religious beliefs, all Indian citizens enjoy equal rights.

• The State cannot discriminate against anyone on the grounds of religion or caste, nor can it compel anybody to pay taxes for the support of any particular religion.

Special Provisions for Scheduled Castes and Tribes

• The Indian Constitution has special reservations of seats for the Scheduled Castes and Tribes in public appointments and in educational institutions, and in the Union and State Legislatures.

Panchayati Raj

• An outstanding feature of the Constitution is Panchayati Raj.

• The idea for organising village Panchayats was provided in the Constitution under Article 40 of Part IV, which received Constitutional legitimacy through the 73rd Amendment to the Indian Constitution.

Final Thoughts

The Constitution of India stands as the longest and most detailed written constitution in the world, reflecting the diversity and complexity of the nation. It not only lays down the framework for governance at both the Centre and the States but also ensures fundamental rights, duties, and directive principles for citizens' welfare. With 395 Articles, divided into Parts and Schedules, it covers every aspect of governance, rights, and responsibilities.

Its federal structure with unitary features ensures a strong Centre while respecting states’ autonomy. Provisions for emergency powers, secularism, universal adult franchise, and judicial independence highlight its democratic spirit. The inclusion of Panchayati Raj and special provisions for marginalized groups shows its commitment to inclusivity and grassroots governance.

Overall, the Constitution remains a living document, capable of adapting through amendments while upholding the sovereignty of the people and the vision of a welfare state.