The Indian Constitution: Sources and Features
The Indian Constitution is a living document, drawing inspiration from various constitutions worldwide. It incorporates constitutional principles from different countries, giving it a unique and inclusive character. This article provides a detailed analysis of the key sources and salient features of the Indian Constitution.
Sources of the Constitution
The values and ideals enshrined in the Indian Constitution are borrowed from numerous constitutions across the globe. It represents a form of “universalism,” incorporating various sources and traditions. The framers of the Constitution adopted provisions from almost all successful democracies, leading Ivor Jennings to describe it as a “bag of borrowings.”
The following table outlines the provisions borrowed from different countries:
| Country | Provisions |
|---|---|
| South Africa | 1. Procedure for amendment of the Constitution (Article 368) 2. Election system for members of the Rajya Sabha (proportional representation by single transferable vote) |
| Australia | 1. Concurrent List (Schedule 7, Article 246) 2. Provision for joint sitting of both Houses of Parliament (Article 108) 3. Freedom of trade, commerce, and intercourse 4. Language of the Preamble |
| France | 1. Concepts of Liberty, Equality, and Fraternity (Preamble) 2. Republican system of government 3. Provision for appointment of ad-hoc judges (Article 127) |
| Ireland | 1. Directive Principles of State Policy (Part 4, Articles 36-51) 2. Nomination of 12 members to the Rajya Sabha by the President (Article 80) 3. Electoral College for the President (Article 54) |
| Canada | 1. Advisory jurisdiction of the Supreme Court (Article 143) 2. Residuary powers (Article 248) 3. Union List (Schedule 7, Article 246) 4. Procedure for appointment of Governors (Article 155) 5. Federal system with a strong Centre 6. Governor’s power to reserve a bill for Presidential assent (Article 200) 7. “Union of States” concept 8. Centre-State relations 9. Quasi-federal government |
| USA | 1. Public Interest Litigation 2. Judicial review 3. Equal protection of the laws (Article 14) 4. Impeachment of the President (Article 61) 5. Effects of Financial Emergency (Article 360) 6. Fundamental Rights (Part 3, Articles 12-35) 7. Office of the Vice-President (Article 63) 8. Procedure for removal of judges (Article 124(4)) 9. Idea of a Preamble 10. Supremacy/Independence of the judiciary 11. President as Supreme Commander of the armed forces 12. Supremacy of the Constitution 13. Elected President |
| UK | 1. Single citizenship (Part 2, Articles 5-11) 2. Equality before the law (Article 14)/Rule of Law 3. Parliamentary system 4. Cabinet system 5. Bicameral legislature 6. Parliamentary privileges 7. Office of the Attorney-General (Article 76) 8. Legislative procedure 9. First-past-the-post electoral system 10. Role of the Speaker in the legislature 11. Writs 12. President as Head of State 13. Collective responsibility |
| Japan | Procedure established by law (Article 21) |
| Russia | 1. Fundamental Duties (Part 4A, Article 51A) 2. Concepts of social, economic, and political justice 3. Five-Year Plans |
| Germany | Suspension of Fundamental Rights during Emergency (Articles 358, 359) |
| Government of India Act, 1935 | 1. Provincial Public Service Commission 2. Office of the Governor 3. Certain provisions related to the federal system 4. Certain emergency provisions 5. Provisions related to the judiciary 6. Three lists of distribution of powers |
Salient Features of the Constitution
1. Written and Detailed Constitution
The Indian Constitution is the world’s longest written constitution. Like the US Constitution, it is framed and written by a Constituent Assembly. The original Constitution contained 395 Articles, 22 Parts, and 8 Schedules. Currently (as of March 2023), it has 468 Articles (numbered up to 395), 25 Parts (numbered up to 22), and 12 Schedules. Due to its complexity, Ivor Jennings called it “a lawyer’s paradise.”
2. Preamble to the Constitution
The Preamble embodies the aspirations and ideals of the people. According to Ernest Barker, the Preamble is the key to understanding the minds of the Constitution’s makers.
3. Sovereign, Socialist, Secular, Democratic Republic
India is a sovereign, socialist, secular, democratic republic. This means India is independent and governs itself without external interference. “Democratic” signifies that the government is run by elected representatives, and “republic” means the Head of State (President) is elected, not hereditary. “Socialist” and “Secular” were added by the 42nd Amendment, emphasizing social and economic equality and the state’s impartial treatment of all religions.
4. Parliamentary System of Government
India follows a parliamentary system based on the Westminster model of the UK. The government is responsible to the Parliament and can be removed by it. There is a dual executive: the President (nominal head) and the Prime Minister (real head). The Council of Ministers is collectively responsible to the Lok Sabha.
5. Fundamental Rights
Part 3 (Articles 12-35) guarantees fundamental rights to citizens, enforceable by the courts.
6. Directive Principles of State Policy
Part 4 (Articles 36-51) lays down Directive Principles of State Policy, which are guidelines for the government to ensure social and economic justice. These are not justiciable.
7. Integrated and Independent Judiciary
India has an integrated and independent judiciary headed by the Supreme Court, which acts as the guardian of the Constitution and fundamental rights. Constitutional provisions ensure judicial independence.
8. Blend of Parliamentary Sovereignty and Judicial Supremacy
The Indian Constitution balances parliamentary sovereignty and judicial supremacy. Parliament has the power to make laws, but the judiciary can review laws for constitutional validity.
9. Rigid and Flexible Constitution
The Indian Constitution is both rigid and flexible. Amending the Constitution is a complex process, but some provisions can be amended by a simple majority.
10. Single Citizenship
India follows single citizenship, meaning every citizen is a citizen of India only, not of any particular state.
11. Adult Suffrage
All citizens aged 18 and above have the right to vote.
12. Federal System with a Strong Centre (Centrifugal bias)
The Indian Constitution, while federal, has a strong central government, especially during emergencies.
13. Secular State
India is a secular state, treating all religions equally and not having a state religion.
14. Socialist State
The Constitution incorporates socialist ideals, aiming to promote social and economic equality.
15. Fundamental Duties
Part 4A outlines Fundamental Duties of citizens, reminding them of their obligations to the country and society.
16. Protection of Minority Interests
The Constitution provides specific provisions to protect the interests of minority communities, like the right to preserve their language, script, and culture.
17. Rule of Law
The rule of law prevails in India, meaning all citizens and government institutions are subject to the law.
18. Three-Tier Panchayati Raj System
The 73rd and 74th Amendments strengthened local self-governance, establishing a three-tier Panchayati Raj system.
19. Constitutional Government
India has a constitutional government, meaning the government’s powers are defined and limited by the Constitution.
20. Quasi-Federal Constitution
The Indian Constitution blends federal and unitary features, making it quasi-federal.
Thus, the Indian Constitution is a dynamic document, drawing inspiration from various sources and possessing unique features that shape India’s governance.