1) The lengthiest Constitution in the world : The Indian Constitution is the lengthiest written constitution of the world. While the American Constitution originally consisted on only 7 Articles, the Australian Constitution 128 Articles, the Canadian Constitution 147 Articles, the Indian Constitution originally consisted of 395 Article divided into 22 Parts and 8 Schedules. Currently, the Indian constitution has 448 articles in 25 parts and 12 schedules. There are 104 amendments have been made in the Indian constitution upto Jan 25, 2020. This extraordinary bulk of the Constitution is due to several reasons :-
1) The framers of the Indian Constitution have gained experience from the working of all the known Constitutions of the world. They were aware of the difficulties faced in the working of these Constitutions. Accordingly, they framed the Chapter of the Fundamental Rights on the model of the American Constitution, and adopted the parliamentary system of Government from the United Kingdom, they took the idea of the Directive Principles of State Policy from the Constitution of Ireland, and added elaborate provisions relating to Emergency in the light of the Constitution of the German Reich and the Government of India Act, 1935.
2) The Indian Constitution lays down the structure not only of the Central Government but also of the States. The American Constitution leaves the State to draw up their Constitutions.
3) The vastness of the country and peculiar problems relating to the language have added to the bulk of the Constitution.
4) The Constitution contains a long list of Fundamental rights and also a number of Directive Principles, which confer no justifiable rights upon the individual. Though these directives by their very nature could be made legally enforceable yet the framers incorporated them in the Constitution with a view that it would serve as constant reminder to the future Governments that they will have to implement them in order to achieve the ideals of the welfare state as envisaged in the Preamble of the Constitution.
Establishment of a Sovereign, Socialist, Secular, Democratic Republic - The Preamble of the Constitution of India to be a Sovereign, Socialist, Secular, Democratic Republic. The word 'Sovereign' emphasis that India is no more dependent upon any outside authority. It means that both internally and externally India is sovereign. It's membership of the Common wealth of Nations and that of the United Nations Organisation do not restrict her sovereignty.
The term 'Socialist' was inserted in the Preamble by the Constitution 42nd Amendment Act, 1976. This concept was already implicit in the Constitution. The word 'socialism' is used in democratic as well as socialist Constitutions. In general, the word means some form of ownership of the means of production and distribution by the State. The degree of State control will determine whether it is a democratic State or socialistic State. India has, however, chosen its own brand of socialism e.g., mixed economy.
The term 'Secularism' means a State which has no religion of its own as recognised religion of State. It treats all religions equally. In a secular State the State regulates the relation between man and man. It is not concerned with the relation of man with God.
The term 'Democratic' indicated that the Constitution has established a form of Government which get its authority from the will of the people. The rulers are elected by the people and are responsible to them. Justice, Liberty, equality and Fraternity which are essential characteristics of a democracy are declared in the Preamble of the Constitution as the very objectives of the Constitution. The preamble of the Constitution declares that the Constitution of India is adopted and exacted by the people of India and they are the ultimate master of the Republic.
The term 'Republic' signifies that there shall be an elected head of the State who will be the chief executive head. The President of India, unlike the British King, is not a hereditary monarch but an elected person chosen for a limited period. It is an essential ingredient of a Republic.
2) Parliamentary form of Government - The Constitution of India establishes a parliamentary form of Government both at the Centre and the States. In this respect the makers of the Constitution have followed the British model in toto. The essence of parliamentary form of Government is its responsibility to the Legislature. The President is the constitutional head of the State. The real executive power is vested in the Council of Ministers whose head is the Prime Minister. The Council of Ministers is collectively responsible to the Lower House, i.e., Lok Sabha. The members of the Lower House are elected directly by the people on the basis of adult franchise normally for five years. The position is the same in the States. This Government is, therefore, called a responsible responsible Government. On the Other hand, the American Constitution establishes a Presidential type of Government based on the principle of separation of powers.
3) Unique blend of rigidity and flexibility - It has been the nature of the amending process itself in federations which had led political scientists to classify federal Constitution as rigid. A rigid Constitution is one which requires a special method of amendment of any of its provisions while in flexible Constitution any of its provisions can be amended by ordinary legislative process. A written Constitution is generally said to be rigid. The Indian Constitution, though written, is sufficiently flexible. It is only a few provisions of the Constitution that require the consent of half of the State Legislatures.
Sir Ivor Jenning who had characterized our Constitution as rigid for the following reasons:
(a)That the process of amendment is complicated and difficult;
(b) That matters which should have been left to ordinary legislation having been incorporated into the Constitution no change in these matters is possible without undergoing the process of amendment.
4) Fundamental Rights - The incorporated of a formal declaration of Fundamental Rights in Part III of the Constitution is deemed to be a distinguishing feature of a democratic State. These rights are prohibitions against the State. The State cannot make a law which takes away or abridges any of the rights of the citizens guaranteed in part III of the Constitution. If it passes such a law it may be declared unconstitutional by the courts. Our Constitution has, conferred on the SC the power to grant most effective remedies in the nature of writs Habeas Corpus, Mandamous, Prohibition, Quo Warranto and Certiorari whenever Fundamental rights are violated. Fundamental rights are not absolute rights, they are subject to certain restrictions.
5) Directive principles of State Policy : The Directive Principles of State Policy contained in Part IV of the Constitution set out the aims and objectives to be taken up by the States in the governance of the country. These rights are not justiciable. If the state is unable to implement any provisions of Part IV, no action can be brought against the State in a law court. The idea of welfare state envisaged in our Constitution can only be achieved if the States endeavour to implement them with a high sense of moral duty.
5) Federation with strong centralising tendency - The most remarkable feature on the Indian Constitution is that being a federal Constitution it acquires a unitary character during the time of emergency. During the proclamation of emergency the normal distribution of powers between Centre and the States undergoes a vital change. The Union Parliament is empowered to legislate on any subjects mentioned in the State List. The Central Government is empowered to give directions to States as to the manner in which it should exercise its executive powers. The financial arrangements between the Centre and States can also be altered by the Union Government. Thus during the proclamation of emergency all powers are centralised in the Union Government and Constitution requires a unitary character.
7) Adult Suffrage - Under the Indian Constitution every man and women above 18 (The Constitution 61st Amendment Act, 1989) years of age has been given the right to elect representatives for the legislature. The adoption of the universal Adult Suffrage (Article 326) without any qualification either of sex, property, taxation, or the like is a bold experiment in India, having regard to the vast extent of the country and its population, with an overwhelming illiteracy.
8) An Independent Judiciary - An independent and impartial judiciary with a power of judicial review has been established under the Constitution of India. It is the custodian of the rights of citizens. Besides, in a federal Constitution it plays another significant role of determining the limits of power of the Centre and States.
9) A Secular State - A Secular State has no religion of its own as recognised religion of State. It treats all religion equally. Article 25 to 28 of the Constitution give concrete shape to this concept of secularism. It guarantees to every person the freedom of conscience and the right to profess, practice and propagate religion.
10) Single Citizenship - Though the Constitution of India is federal and provides for dual polity i.e., Centre and States, but it provides for a single citizenship for the whole of India. The American Constitution provides dual citizenship, i.e., the citizen of American and a State citizenship.
11) Fundamental Duties - The Constitution (42nd Amendment) Act, 1976 introduced a Code of ten "Fundamental Duties" for citizens with the Constitution (86th Amendment) Act, 2002, this Code has become of eleven duties. The Fundamental duties are indeed to serve as a constant remainder to every citizen that while the Constitution has specifically conferred to them certain Fundamental Rights, it also requires the citizens to observe certain basic norms of democratic conduct and democratic behaviours.
12) Judicial Review - 'Judicial Review' is the power of the courts to pronounce upon the constitutionality of legislative acts which fall within their normal jurisdiction to enforce and the power to refuse to enforce such as they find to be unconstitutional and hence void.
The Doctrine of judicial review was for the first time propounded by the Supreme Court of America. The power of judicial review was, however , assumed by the Supreme Court of America in the historic case of Marbury v. Madison.
In Kesavnanda Bharti's case it has been held that Judicial Review is the 'basic features' of the Indian Constitution and, therefore, it "cannot be damaged or destroyed by amending the Constitution under Article 368 of the Constitution."
No judicial review in policy matters - In policy matters, the judicial review is justified only if the policy is arbitrary, unfair or violative of fundamental rights. The Courts must be loathe to venture into an evaluation of State policy which must be given a reasonable time to pan out. If a policy proves to be unwise, oppressive or mindless, the electorate has been quick to make the Government aware of its folly.
No judicial review by statutory Tribunal - An order passed by the State Government under Section 18 of the Water (Prevention and Control of Pollution) Act is not a subject-matter of judicial review by the National Green Tribunal Act, 2010. The Tribunal cannot exercise the powers of judicial review akin to that of a High Court exercising Constitutional power under Article 226 of the Constitution.
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