Unique Nature of Indian Constitution
The Constitution of India has its own exemplary nature. It is both federal and unitary, as well as, quasi-federal. The Indian Constitution came into being on 26th January 1950 under the supervision of Dr. B. R. Ambedkar, the head of the drafting committee. Its unique qualities surely make it one of the best constitutions in the world that directs the second highest populated country in the world aptly. In this article, we will discuss the brilliance and nature of Indian Constitution.
Constitution of India: A Brief Introduction
The Indian Constitution is considered to be one of the longest among the democratic countries due to its exemplary features covering all the grounds of a diverse republican country. It has both federal and unitary features that make it a unique constitution to study.
The diversity in the population of India and the presence of different religions, castes, sects, tribes, backward classes, etc made it quite stringent to formulate a constitution. The drafting committee was headed by Dr. B R Ambedkar and 389 members (before independence) took three years to complete the features and provisions of the Constitution of India. The number of members reduced to 299 after India got its independence from British rule.
To understand its nature, we need to follow the unitary and federal features of Indian Constitution separately and then proceed to the quasi-federal features.
Federal Features of Indian Constitution
The prime feature of our federal constitution is its dual-government system where a central union and state unions exist at the same time. The central and state governments have sovereign powers that they exercise in their respective fields following the provisions mentioned in the Constitution of India.
The union or the central government deals with the national and international matters related to foreign affairs, international trade, defense, etc. The state governments take care of internal matters such as agriculture, health, resources, etc.
A written constitution must have a federal shape. This is why the Indian Constitution is the lengthiest documented constitution in the world.
The division of power between the central government and the state governments following the union list, concurrent list, and state list mentioned in Schedule VII.
It is the supreme law that every recognized Indian has to follow at all costs. In fact, all the authorities of the state and center will also follow the stated provisions.
The amendments in the constitution are rigid in terms of federal features. it cannot be changed by any of the governments. It can be changed only by the joint action of the union and state governments.
An independent judiciary system is formed and headed by the Supreme Court following the provisions of the Indian Constitution. It is formed to protect the Constitutions’ supremacy by aptly exercising judicial review power and authority. It is also formed to settle disputes and frictions between states or between the central government and state governments.
Unitary Features of Indian Constitution
As per the unitary features of Indian Constitution, Article 1 suggests that the union of states is not because of signing an agreement between the states. It also suggests that no state has the power to separate itself from this union.
Article 3 dictates that the Central Government has the authority to alter the state boundaries.
Amendments done via the unitary terms are less rigid than what is observed in the federal features. The unilateral action in the Parliament can bring certain changes in the existing law.
An integral judiciary system is set where the Supreme Court is at the top and the state or high courts underneath in terms of authority.
There is no separate constitution for the states but a single constitution for all. Hence, Indians hold single citizenship for the states and union.
Quasi-Federal Features of the Indian Constitution
If you look very closely, you will find that the Constitution of India is both federal and unitary in nature. This is why it has its own set of features that make it a quasi federal system. Here is the list of features that will help you understand its nature.
The power of intervention bestowed upon the central government lets it encroach or enter the reserved fields of the states to resolve disputes and for contingencies. It means that the nature of Indian Constitution is unitary whereas a two-tier setup is observed in the governance of India following federal features.
The intervention power of the central government is inconsistent with the federal system making it a unitary system.
Conclusion
This is how the Constitution of India is defined on both unitary and federal grounds. Its unique nature makes it a brilliant blueprint of law and provisions that all Indians follow irrespective of social status, power, gender, race, caste, religion, etc. The drafting of this constitution was done following the same of different countries enjoying democratic status. To get all the points of the features, download the nature of Indian constitution PDF and keep it handy for recollecting the points at ease.
FAQs on Indian Constitution
1. What is the Indian Constitution and why is it considered the supreme law of the land?
The Indian Constitution is the foundational legal document of India. It is considered the supreme law because it lays down the framework that defines the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out the fundamental rights, directive principles, and duties of citizens, and no law made by the Parliament or state legislatures can contravene its provisions.
2. Who is known as the Father of the Indian Constitution and what was his role?
Dr. B.R. Ambedkar is widely regarded as the 'Father of the Indian Constitution'. As the Chairman of the Drafting Committee of the Constituent Assembly, he was instrumental in drafting the constitution, steering it through debates, and providing detailed explanations for its various provisions. His vision shaped its core principles of social justice, equality, and liberty.
3. What is the primary difference between Fundamental Rights and Directive Principles of State Policy (DPSP)?
The core difference lies in their enforceability. Fundamental Rights are justiciable, meaning they are legally enforceable by courts. If a citizen's Fundamental Right is violated, they can directly approach the High Court or the Supreme Court for its protection. In contrast, Directive Principles are non-justiciable; they are moral and political guidelines for the government to follow while making laws and policies, but they cannot be enforced through a court of law.
4. Why is the Indian Constitution often described as being 'quasi-federal' in nature?
The Indian Constitution is described as 'quasi-federal' because it contains features of both a federal system and a unitary system.
- Federal features include the division of powers between the Centre and States, a written constitution, and an independent judiciary.
- Unitary features include a strong central government, single citizenship, an integrated judiciary, and the power of the central government to take over state administration during an emergency.
5. How does the Indian Constitution balance rigidity and flexibility in its amendment process?
The Constitution strikes a balance between being too rigid and too flexible through its three-tiered amendment process under Article 368. Some provisions can be amended by a simple majority in Parliament (flexibility). Others require a special majority of both Houses (two-thirds of members present and voting). The most critical federal provisions require a special majority plus ratification by at least half of the state legislatures (rigidity). This ensures the Constitution can adapt to changing times while its core structure remains protected.
6. What is the significance of the Preamble to the Indian Constitution?
The Preamble serves as the philosophical soul and introduction to the Constitution. It outlines the core objectives and guiding principles that the Constitution aims to achieve. It declares India to be a Sovereign, Socialist, Secular, and Democratic Republic and secures for all its citizens justice, liberty, equality, and fraternity. Although not directly enforceable, it helps in the interpretation of the Constitution's articles.
7. What are some key features the Indian Constitution has 'borrowed' from other countries?
The framers of the Indian Constitution incorporated best practices from various global constitutions. Key examples include:
- Parliamentary Government and Rule of Law from the UK.
- Fundamental Rights and Judicial Review from the USA.
- Directive Principles of State Policy from Ireland.
- Federal structure with a strong centre from Canada.
- Provisions for Emergency from the Weimar Constitution of Germany.
8. What does Article 1 of the Indian Constitution state about the territory of India?
Article 1 of the Indian Constitution declares, “India, that is Bharat, shall be a Union of States.” This phrasing is significant for two reasons. Firstly, it clarifies that the Indian federation is not a result of an agreement among the states to join. Secondly, it implies that no state has the right to secede or break away from the Union, thus emphasising the indestructibility of the nation.
9. How does the Constitution ensure the independence of the judiciary in India?
The independence of the judiciary is a cornerstone of the Indian Constitution, ensured through several provisions. These include a secure tenure for judges, who can only be removed through a difficult impeachment process. Their salaries and allowances are charged to the Consolidated Fund of India and are not subject to a vote in Parliament. The judiciary also has the power to punish for its contempt and is separated from the executive branch.
