FEATURES OF INDIAN CONSTITUTION

This article discusses different features of Indian Constitution.

Written Constitution

Constitution can be written one or unwritten one. Britain, Israel  and New Zealand do not have written constitution on the other hand India,  USA, Japan, Germany  etc.  have written Constitution.

Lengthiest Constitution

Indian constitution is the lengthiest constitution of the World. At the time of adoption, it had 395 Articles and 12 schedules.  It has become lengthy as it not only consists of fundamental principle of governance but also detailed administrative provisions. It has provisions for Fundamental Rights, Directive Principle of State Policy, Executive, Legislature, Judiciary, Public Service Commission for Union and States.

Drawn from Various Sources

Indian constitution has been framed after various constitution of the world as such the Constituent Assembly has advantage to incorporate experience of other nations in the Indian Constitution. Indian Constitution has drawn from various sources but it cannot be said that Indian Constitution is a borrowed one. These provisions have been adapted according to Indian circumstances.

Fundamental Rights	USA
Directive Policy of State Policy	Irish Constitution
Emergency Provisions	Weimer Constitution of Germany
Fundamental Duties	Soviet Union
Parliamentary Form	United Kingdom

Federal System with Unitary Bias

The Constitution establishes in India a Federal Form of the Government as there are provisions for government of States as well as Union. Subjects are divided in Union list, State List and Concurrent List.

But there are unifying tendencies in the Constitution. This unifying tendency is visible in Single Citizenship,  All India Services, Office of Governor, Integrated Judiciary,   Emergency Powers of Union etc.

K C Wheare	Indian Constitution is federal in form but unitary in spirit.
Morris Jones	Indian Constitution is a bargaining federalism.
Dr. Bhimrao Ambedkar	Our Constitution would be both unitary or federal according to requirements of time and circumstances.

Blend of Rigidity and Flexibility

Flexible constitution are those constitutions which can be amended like ordinary laws. Rigid Constitutions are those constitutions which can be amended by special provisions.

Indian Constitution has blend of rigidity and flexibility.

Certain provisions can be amended by Parliament by simple majority. Certain provisions can be amended by 2/3^rd majority. Certain provisions can only be amended by 2/3^rd majority as well as ratification from 50% of states.

Ivor Jennings summed up India’s Constitution as too long, too rigid, too prolix.

Parliamentary Form of Government

USA has presidential form of government. United Kingdom has parliamentary form of Government.

India has adopted parliamentary form of government.

Features of parliamentary form of Government are real and nominal Executive, majority party rule, collective responsibility of executive to the legislature, leadership of prime minister or chief minister.

Rule of Law

Rule of law is essential feature of Indian Constitution. Everybody is equal before law. There is no room for arbitrariness. Fundamental rights are available to every citizen irrespective of caste creed or religion.

Independent Judiciary

There is independent judiciary to protect the fundamental rights of Citizens. A citizen can approach the High Court under Section 226 or Supreme Court under Article 32 to protect his/her fundamental rights.

High Court and the Supreme Court has been given power of judicial review of legislations as well as administrative actions.

Adult Suffrage

The Constitution has introduced adult suffrage. Every citizen irrespective of gender, race or caste is eligible to vote in elections. This was a great leap forward as prior to framing of constitution only few citizens have been given right to vote. Only around 28.5% of citizens had voted in provincial elections in 1946.

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