Political Science : Constitutional Values and Fundamental Duties in English Medium

Q.1- What are the salient features of Indian Constitution?

Or

What are the salient features of our Constitution? Answer in brief.

Answer-

Introduction
The Indian Constitution is a written document designed to address the nation's Social, Economic, Political, & Cultural Conditions. Its main goal is to help manage the country effectively during crises. It ensures Secularism, Democratic Governance, & Protection of Fundamental Rights. The Constitution also provides for an independent judiciary and outlines duties for citizens.

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Important statements according to scholars on the features of the Indian Constitution: -

"There is no plagiarism in borrowing. No one has a monopoly on the basic principles of governance and legislation." Dr. Bhimrao Ambedkar Ji

"We are proud that our Constitution is the largest Constitution in the world." Shri Harivishnu Kamath Ji

• It took a total of 2 years 11 months and 18 days to make the Constitution, in which 11 sessions were held and it was adopted on 26 November 1949.
• At this time, the original Constitution had a total of 395 articles, 8 schedules and 22 parts.
• The Indian Constitution was implemented by the Constituent Assembly on 26 January 1950.

The Preamble of the Indian Constitution declares India as a Sovereign, Democratic, Secular, Socialist Republic. Its aim is to provide Social, Economic, & Political Justice to the citizens. The Preamble gives the rights of Equality, Liberty, & Fraternity to all individuals and identifies empowered citizens.

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1. Largest Constitution: The Indian Constitution is the largest written constitution in the world, which has been created to face the different provinces, religions, castes, geographical conditions and new challenges in India. Its original constitution had 395 articles, 8 schedules and 22 parts.

• The Indian Constitution has adopted fundamental rights from the American Constitution, parliamentary democracy from Britain, directive principles from Ireland, federalism from Canada, concurrent list from Australia, terminology used from France and procedure established by law from Japan.

2. Rigid and Flexible Constitution: There is a balance between Rigidity and Flexibility in the Indian constitution. The rigidity of the constitution depends on the complex process adopted for amendment.

• For some amendments under Article 368, the support of half the members of the state assemblies along with the majority of the members of the Parliament is also required, which makes it difficult. This process is more complex than ordinary law making, so the Indian constitution is considered rigid.
• On the other hand, a flexible constitution is one in which amendments can be made easily like ordinary law, which also applies to some parts of the Indian constitution.

3. Parliamentary System: India uses a parliamentary system where the Prime Minister and their cabinet are the real leaders, while the President is just a figurehead. The foundations of this system were laid by the Government of India Acts of 1919 and 1935, so people were already familiar with it.

• The Constitution Assembly chose this system because the President theoretically holds all executive powers, but cannot use them without the cabinet's advice. The cabinet is collectively responsible to the people.

4. Unitary and Federal Structure : The Indian Constitution has both Unitary (Centralized) and Federal (State-Based) systems. Its base is federal, meaning states have their own governments and powers, but during emergencies, it becomes unitary, where the central government's powers increase. Examples of unitary elements include single citizenship, single judiciary, and the appointment of governors.

• While the reorganization of states and All India Services reflect federal elements. If there is any constitutional dispute between the centre and the state, the Supreme Court takes up the task of resolving it.

5. Independent Judiciary and Single Citizenship: The Indian Constitution has established an independent judiciary, which is free to give fair and impartial judgments. Its main role is to resolve disputes between the central government and the states and to protect fundamental rights.

• India has a system of single citizenship, meaning every person is only a citizen of India, not of any individual state. This helps maintain the unity and integrity of the country. In contrast, some countries like the USA have dual citizenship, where citizens are both citizens of the country and their state.

6. Fundamental Rights, Duties, and Directive Principles of State Policy: The Indian Constitution provides Fundamental Rights, which give citizens basic freedoms and protection, and no law can interfere with them. If any law does, the judiciary can declare it unconstitutional.

• Fundamental Duties were added by the 42nd Constitutional Amendment (1976), and they outline the duties of citizens, like following the Constitution and helping in the defense of the country.
  Directive Principles of State Policy are in Part IV of the Constitution and guide the government in establishing justice and welfare in society. These are ideal guidelines, not legally enforceable, but considered the "Soul of the State."

Conclusion
Therefore, it can be said that the Indian Constitution is written and detailed as well as has been prepared according to the Indian conditions, the above-mentioned features of which make it important. It helps in running the Indian governance system in a systematic manner.

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