The Salient Features of "The Constitution of India".
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2. The Constitution of India is the supreme law of India. It
lays down the framework defining fundamental political
principles, establishes the
structure, procedures, powers, and duties of government
institutions, and sets out fundamental rights, directive
principles, and the duties of citizens. It is the longest written
constitution of any sovereign country in the
world, containing 444 Articles in 22 parts, 12 Schedules and
98 Amendments. The Constitution was adopted by the
Constituent Assembly on 26 November 1949, and came
into effect on 26 January 1950.
INTRODUCTION
3. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES
THIS CONSTITUTION.
PREAMBLE
4. ARCHITECTS OF INDIAN CONSTITUTION
Pt. Nehru signing on the Constitution BR Ambedkar : The Chief architect of Indian Constitution
5. The Constitution of India has some outstanding
features which distinguishes it from other constitutions. The
framers of our constitution studied other
constitutions, selected their valuable features and put them
with necessary modifications in our constitution. They
succeeded doing this. The fact that the constitution, for last
59 years, has been working satisfactorily is a testimony to its
quality and utility.
Now we will discuss the salient features of our
constitution one by one.
SALIENT FEATURES OF INDIAN CONSTITUTION
6. The Constitution of India is a written constitution. It was
framed by a Constituent Assembly which was established
for the purpose in 1946.
There are two types of constitutions in the world. Most
of them are written. The first modern written constitution
was the American constitution. The British constitution is
unwritten, consists of customs and conventions which have
grown over the years.
The framers of our constitution tried to put everything
in black and white.
A WRITTEN CONSTITUTION
7. The Constitution of India is the longest in the world.
Originally it had 395 Articles divided into 22 parts and 8
Schedules. A number of amendments (98 so far), passed
since its enforcement in 1950, have also become a part of
the Constitution. Today it has 444 Articles divided into 22
parts and 12 Schedules.
The constitution of USA has 7 Articles, of China
138, Japanese 103, and Canadian 107 Articles.
LONGEST CONSTITUTION
8. Whether a constitution is rigid or flexible depends on
the nature of amendments.
Some provisions of our Constitution can be amended
by the Parliament with simple majority. The amendment of
most other provisions of the constitution requires a special
majority in both houses of the parliament. There are some
other provisions of constitution which cannot be amended
by the parliament alone. These different amendment
procedures make our constitution partly flexible and rigid.
A RIGID YET FLEXIBLE CONSTITUTION
9. The Constitution of India guarantees six fundamental
rights (listed in part III) to every citizen.
• Right to Equality.
• Right to Freedom.
• Right against Exploitation.
• Right to Freedom of Religion.
• Cultural and Educational Rights.
• Right to Constitutional Remedies.
FUNDAMENTAL RIGHTS
10. The Constitution enumerates several Directive
Principles of State Policy (listed in part IV) which are
intended to be implemented by the Centre and State
Governments in due course. They are aimed at the
promotion of the material and moral well-being of the
people and to transform India into a Welfare State.
Some of the Directive Principles are:
There should not be concentration of wealth and means
of production to the detriment of common man.
DIRECTIVE PRINCIPLES OF STATE POLICY
11. The Constitution enumerates several Directive
Principles of State Policy (listed in part IV) which are
intended to be implemented by the Centre and State
Governments in due course. They are aimed at the
promotion of the material and moral well-being of the
people and to transform India into a Welfare State.
Some of the Directive Principles are:
There should be equal pay for equal work for both men
and women.
DIRECTIVE PRINCIPLES OF STATE POLICY
12. The Constitution enumerates several Directive
Principles of State Policy (listed in part IV) which are
intended to be implemented by the Centre and State
Governments in due course. They are aimed at the
promotion of the material and moral well-being of the
people and to transform India into a Welfare State.
Some of the Directive Principles are:
Workers should be paid adequate wage.
DIRECTIVE PRINCIPLES OF STATE POLICY
13. The Constitution enumerates several Directive
Principles of State Policy (listed in part IV) which are
intended to be implemented by the Centre and State
Governments in due course. They are aimed at the
promotion of the material and moral well-being of the
people and to transform India into a Welfare State.
Some of the Directive Principles are:
Weaker sections of the people, Scheduled Caste and
Scheduled Tribe people should be given special care.
DIRECTIVE PRINCIPLES OF STATE POLICY
14. The Constitution enumerates several Directive
Principles of State Policy (listed in part IV) which are
intended to be implemented by the Centre and State
Governments in due course. They are aimed at the
promotion of the material and moral well-being of the
people and to transform India into a Welfare State.
Some of the Directive Principles are:
The state should promote respect for international law
and international peace.
DIRECTIVE PRINCIPLES OF STATE POLICY
15. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• to abide by the Constitution and respect its ideals
and institutions, the National Flag and the National
Anthem.
FUNDAMENTAL DUTIES
16. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• to cherish and follow the noble ideals which inspired
our national struggle for freedom.
FUNDAMENTAL DUTIES
17. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• uphold and protect the sovereignty, unity and
integrity of India.
FUNDAMENTAL DUTIES
18. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• defend the country and render national service
when called upon to do so.
FUNDAMENTAL DUTIES
19. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• to promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religious, linguistic and regional or
sectional diversities; to renounce practices
derogatory to the dignity of women.
FUNDAMENTAL DUTIES
20. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• to value and preserve the rich heritage of our
composite culture.
FUNDAMENTAL DUTIES
21. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• to protect and improve the natural environment
including forests, lakes, rivers and wild life, and to
have compassion for living creatures.
FUNDAMENTAL DUTIES
22. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• to develop the scientific temper, humanism and the
spirit of inquiry and reform.
FUNDAMENTAL DUTIES
23. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• to safeguard public property and to abjure violence.
FUNDAMENTAL DUTIES
24. Another salient feature of the Indian Constitution is the
incorporation of the Fundamental duties of citizens. The
42nd amendment of 1976 added Article 51-A to the
Constitution requiring all citizens to fulfill 10 duties. Failure to
perform these duties does not carry any penalty, yet the
citizens are expected to follow them. These are:
• to strive towards excellence in all spheres of
individual and collective activity so that the nation
constantly rises to higher levels of endeavour and
achievement.
FUNDAMENTAL DUTIES
25. The Constitution declares India as a Sovereign,
Socialist, Secular, Democratic, Republic. The words,
'Socialist' and ‘Secular' were added in the Preamble of the
Constitution by 42nd amendment in 1976.
Sovereign : It means absolutely independent; it is not
under the control of any other state. Before 1947, India was
not sovereign as it was under the British rule. Now it can
frame its policy without any outside interference.
SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC
26. The Constitution declares India as a Sovereign,
Socialist, Secular, Democratic, Republic. The words,
'Socialist' and ‘Secular' were added in the Preamble of the
Constitution by 42nd amendment in 1976.
Socialist : It implies a system which will endeavour to
avoid concentration of wealth in a few hands and will
assure its equitable distribution. It also implies that India is
against exploitation in all forms and believes in economic
justice to all its citizens.
SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC
27. The Constitution declares India as a Sovereign,
Socialist, Secular, Democratic, Republic. The words,
'Socialist' and ‘Secular' were added in the Preamble of the
Constitution by 42nd amendment in 1976.
Secular : India is a country of several religions and
each individual has fundamental profess any religion he
likes. The state neither force its citizen to accept any
specific religion nor discriminate on the basis of religion.
SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC
28. The Constitution declares India as a
Sovereign, Socialist, Secular, Democratic, Republic. The
words, 'Socialist' and ‘Secular' were added in the Preamble
of the Constitution by 42nd amendment in 1976.
Democratic : Means, the power of the government is
vested in the hands of the people. People exercise this
power through their elected representatives who, in
turn, are responsible to them. All the citizens enjoy equal
political rights.
SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC
29. The Constitution declares India as a
Sovereign, Socialist, Secular, Democratic, Republic. The
words, 'Socialist' and ‘Secular' were added in the Preamble
of the Constitution by 42nd amendment in 1976.
Republic : Means, the head of the State is not a
hereditary monarch but a President who is indirectly
elected by the people for a definite period.
SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC
30. In India, there is a parliamentary form of government.
The majority party in the Lok Sabha forms government. The
government is run by the Prime Minister and other members
of the Council of Ministers. The Cabinet exercises the
executive powers and is responsible to the concerned
legislature.
In Presidential form of government, the President is the
executive head. In India, the President is only the nominal
head.
PARLIAMENTARY DEMOCRACY
31. India is a federation, although the word 'federation'
does not find a place in the whole text, the elements of
federation are present in the Indian Constitution. There is
constitutional division of powers between the centre and
the states. There is also an independent judiciary. The
Supreme Court arbitrates the disputes between the centre
and the states. All these provisions make India a federation.
But in Indian Federation, the centre is strong as compared
to the slates. The centre has more financial powers and the
states largely depend upon it for their economic
development.
FEDERAL GOVERNMENT WITH UNITARY BIAS
32. Another significant feature of the Indian Constitution is
the provision for Judicial Review. This means that the
Supreme Court of India is empowered to declare a law
passed by the Indian Parliament as null and void if it is
inconsistent with the Fundamental Rights.
In the case of the Acts passed by the State
Legislatures, this power is vested with the concerned High
Courts.
JUDICIAL REVIEW
33. Article 326 of the Constitution of India provides
universal adult suffrage. The voting age has now come
down from 21 to 18. Anybody who has completed 18 years
of age, irrespective of his caste, creed, sex or religion, is
eligible to vote in general elections.
This is one of the most revolutionary aspects of Indian
democracy.
UNIVERSAL ADULT FRANCHISE
34. India is a country where different languages are
spoken in various parts. Hindi and English have been made
official languages of the central government. A state can
adopt the language spoken by its people in that state also
as its official language.
Although India is a multi-lingual state, the constitution
provides that Hindi in Devnagri script will be the national
language. It shall be the duty of the union to promote and
spread Hindi language.
LANGUAGE POLICY
Notes de l'éditeur
Created by AvijitGhosh.Animation of the slides can be seen with Microsoft PowerPoint 2010 ver onwards.
This data about no. of articles, parts, amendments is as on 07Jul 2013.The Constitution was adopted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.
The constitution became lengthy mainly due to the following factors.(a) The constitutional fathers wanted to put everything in great detail.(b) In other federations, there are two constitutions: one for the federation and the other for the states. In India, the states do nothave separate constitutions. The powers of states along with the powers of the federation have been stated in one constitution.(c) The Government of India Act, 1935 was in operation when India got independence. Our leaders were familiar with this Act. They borrowed heavily from this lengthy Act while framing our constitution.(d) India is a country of great diversity. It is a country of several minorities; it has many languages, castes, races and religions. The problems and interests of these different groups have found place in theconstitution.(e) Good features of other constitutions have been included, with necessary modifications, in our constitution. For example, we have brought the 'bill of rights' from the American constitution, parliamentary system of government from the British constitution and Directive Principles of State Policy from the Irish constitution.While including these elements of other constitutions in our constitution Ambedkar said the framers of our constitution tried to remove their faults and suit them to our conditions.(f) Many members of the Constituent Assembly were "lawyer-politicians". They have made the constitution not only long, but also extremely complicated.
In case of such provision the amending bill has first to be approved by both houses of parliament by a special majority (with the support of two-thirds of the members of each house present and voting). Then it has to be ratified by the legislatures of at least half of the states of India.In fact, there is a balance between rigidity and flexibility in our constitution.Some amount of flexibility was introduced into our constitution in order to encourage its growth. Nehru feared that if a constitution is too rigid, it will be stagnant.
Originally there were seven fundamental rights. One of them was taken away from Part III of the constitution by the Forty-fourth Amendment Act, 1978. As a result, the Right to Property is no longer a fundamental right. Since 1978, it has become a legal right. The Fundamental Rights are subject to some restrictions. The idea of fundamental rights has been borrowed from the AmericanConstitution. Any citizen of India can seek the help of High Court or Supreme Court of India if any of his fundamental rights is undermined by the government or any institution or any other government. The fundamental rights, granted to the citizen, cannot be amended in the normal manner. They can be amended with two-third majority in each house of the Parliament.
The Directive Principles cannot be enforced by the law courts. In general, the Directive Principles aim at building a Welfare State. The Directive Principles are not enforceable in a Court of Law, but they are nevertheless fundamental in the governance of the country. These principles provide the criteria with which we can judge the performance of the government.
Part IVA, Article 51A
The following is the 11th Fundamental duty by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4 (which is yet not inforce, date to be notified later on).who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
Voting right at the age of 18 yrs.
The Constitution provides a Parliamentary form of Government in the Centre as well as in the States. The Indian President and the State Governor are mere Constitutional heads. The Cabinet exercises the executive powers and is responsible to the concerned legislature. The Cabinet can be removed from office by a vote of no-confidence in the legislature even before its term of office is over.
The Planning Commission has emerged as a 'super cabinet' or a 'super state'. The Governor acts as the agent of the centre.The centre can reorganize a state, but a state cannot reorganize the centre. In other words, the centre is indestructible while the states are destructible. During emergencies, the powers of the centre considerably grow and the states become weak. K. C. Where has described the Indian government as 'quasi-federal'. India has also been characterised as 'a federal state with unitary spirit.'
The Constitution has made the judiciary independent of the executive. The President of India appoints the judges of the Supreme Court and High Courts after consulting the Chief Justice of India. The judges are free from the executive control. Their tenure is guaranteed and their salaries are fixed by the Constitution.
At present, we have 22 languages which have been recognised by the Indian Constitution.