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■ AN UN-GANDHIAN CONSTITUTION
#Criticismofconstitution
◇ According to the critics, the Indian Constitution is un-Gandhian because it does not contain the philosophy and ideals of Mahatma Gandhi, the father of the Indian Nation.
◇ They opined that the Constitution should have been raised and built upon village panchayats and District panchayats In this context, the same member of the Constituent Assembly, K. Hanumanthaiya, said: “That is exactly the kind of Constitution Mahatma Gandhi did not want and did not envisage”.
■ UN-INDIAN OR ANTI-INDIAN
#Criticismofconstitution
◇ According to the critics, the Indian Constitution is ‘un-Indian’ or ‘anti-Indian’ because it does not reflect the political traditions and the spirit of India.
◇ They said that the foreign nature of the Constitution makes it unsuitable to the Indian situation or unworkable in India.
◇ In this context, K. Hanumanthaiya, a member of the Constituent Assembly, commented : “We wanted the music of Veena or Sitar, but here we have the music of an English band. That was because our Constitution-makers were educated that way”
■ A CARBON COPY OF THE 1935 ACT
#Criticismofconstitution
◇ The critics said that the framers of the Constitution have included a large number of the provisions of the Government of India Act of 1935 into the Constitution of India.
◇ Hence, they called the Constitution as a “Carbon Copy of the 1935 Act” or an “Amended Version of the 1935 Act”. For example, N. Srinivasan observed that the Indian Constitution is “both in language and substance a close copy of the Act of 1935”.
◇ Similarly, Sir Ivor Jennings, a British Constitutionalist, said that “the Constitution derives directly from the Government of India Act of 1935 from which, in fact, many of its provisions are copied almost textually".
■ A BORROWED CONSTITUTION
#Criticismofconstitution
◇ The critics opined that the Indian Constitution contains nothing new and original. They described it as a ‘borrowed Constitution’ or a ‘bag of borrowings’ or a ‘hotch-potch Constitution’ or a ‘patchwork’ of several documents of the world constitutions.
◇ However, this criticism is unfair and illogical. This is because, the framers of the Constitution made necessary modifications in the features borrowed from other constitutions for their suitability to the Indian conditions, at the same time avoiding their faults.
◇ While answering the above criticism in the Constituent Assembly, Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, said : “One likes to ask whether there can be anything new in a Constitution framed at this hour in the history of the world.
■ CO-OPERATIVE SOCIETIES
#Salientfeaturesofconstitution
◇ The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative societies. In this context, it made the following three changes in the Constitution:
◇ It made the right to form co-operative societies a fundamental right (Article 19).
◇ It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43-B).
◇ It added a new Part IX-B in the Constitution which is entitled as “The Co-operative Societies” (Articles 243-ZH to 243-ZT).
■ THREE- TIER GOVERNMENT
#Salientfeaturesofconstitution
◇ Originally, the Indian Constitution, like any other federal Constitution, provided for a dual polity and contained provisions with regard to the organisation and powers of the Centre and the states.
◇ Later, the 73rd and 74th Constitutional Amendment Acts(1992) have added a third-tier of Government (i.e., local) which is not found in any other Constitution of the world.
■ EMERGENCY PROVISIONS
#salientfeaturesofconstitution
◇ The Indian Constitution contains elaborate emergency provisions to enable the President to meet any extraordinary situation effectively.
◇ The rationality behind the
incorporation of these provisions is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
□ The Constitution envisages three types of emergencies, namely :-
• National emergency on the ground of war or external aggression or armed rebellion (Article 352);
• State emergency (President’s Rule) on the ground of failure of Constitutional machinery in the states (Article 356) or
failure to comply with the directions of the Centre (Article 365); and
• Financial emergency on the ground of threat to the financial stability or credit of India (Article 360).
■ SINGLE CITIZENSHIP
#Salientfeaturesofconstitution
◇ Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship, that is, the Indian citizenship.
◇ In countries like USA, on the other hand, each person is not only a citizen of USA, but also a citizen of the particular state to which he belongs.
■ UNIVERSAL ADULT FRANCHISE
#Salientfeaturesofconstitution
◇ The Indian Constitution adopts universal adult franchise as a basis of elections to the Lok Sabha and the state legislative assemblies.
◇ Every citizen who is not less than 18 years of age has a right to vote without any discrimination of caste, race, religion, sex, literacy, wealth and so on.
◇ The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act of 1988.
■ A SECULAR STATE
#Salientfeaturesofconstitution
◇ The Constitution of India stands for a Secular State. Hence, it does not uphold any particular religion as the official religion of the Indian State.
□ The following provisions of the Constitution reveal the secular character of the Indian State :-
• The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
• The Preamble secures to all citizens of India liberty of belief, Faith and worship.
• The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).
• The State shall not discriminate against any citizen on the ground of religion (Article 15).
• Equality of opportunity for all citizens in matters of public employment (Article 16).
■ FUNDAMENTAL DUTIES
#Salientfeaturesofconstitution
◇ The original constitution did not provide for Fundamental Duties of the citizens.
◇ These were added during the operation of internal emergency (1975-77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee.
◇ The Part IV-A of the Constitution (which consists of only one Article 51-A) specifies the eleven Fundamental Duties viz., to respect the Constitution, national flag and national anthem; to protect the sovereignty, unity and integrity of the country; to promote the spirit of common brotherhood amongst all the people; to preserve the rich heritage of our composite culture and so on.
■ DIRECTIVE PRINCIPLES OF STATE POLICY
#Salientfeaturesofconstitution
◇ According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.
◇ They are enumerated in Part IV of the Constitution. They can be classified into three broad cat-egories–socialistic, Gandhian and liberalintellectual.
◇ The Directive Principles are meant for promoting the ideal of social and economic democracy. They seek to establish a ‘welfare state’ in India
■ FUNDAMENTAL RIGHTS
#Salientfeaturesofconstitution
◇ Part III of the Indian Constitution guarantees six fundamental rights to all the citizens:
• Right to Equality (Articles 14–18);
• Right to Freedom (Articles 19–22);
• Right against Exploitation (Articles 23–24);
• Right to Freedom of Religion (Articles 25–28);
• Cultural and Educational Rights (Articles 29–30); and
• Right to Constitutional Remedies (Article 32).
■ INTEGRATED AND INDEPENDENT JUDICIARY
#Salientfeatureofconstitution
◇ The Indian Constitution establishes a judicial system that is integrated as well as independent. The Supreme Court stands at the top of the integrated judicial system in the country.
◇ Below it, there are high courts at the state level. Under a high court, there is a hierarchy of subordinate courts, that is, district courts and other lower courts.
◇ This single system of courts enforces both the central laws as well as the state laws, unlike in USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary.
■ SYNTHESIS OF PARLIAMENTARY SOVEREIGNTY AND JUDICIAL SUPREMACY
#Salientfeaturesofconstitution
◇ The doctrine of sovereignty of Parliament is associated with the British Parliament, while the principle of judicial supremacy with that of the American Supreme Court.
◇ Just as the Indian parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in US.
◇ This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).
■ PARLIAMENTARY FORM OF GOVERNMENT
#Salientfeaturesofconstitution
◇ The Constitution of India has opted for the British Parliamentary System of Government rather than American Presidential System of Government.
◇ The parliamentary system is based on the principle of co-operation and co-ordination between the legislative and executive organs while the presidential system is based on the doctrine of separation of powers between the two organs.
◇ The parliamentary system is also known as the ‘Westminster’ Model of Government, responsible Government and Cabinet Government.
◇ The Constitution establishes the parliamentary system not only at the Centre, but also in the states.
■ FEDERAL SYSTEM WITH UNITARY BIAS
#Salientfeaturesofconstitution
◇ The Constitution of India establishes a federal system of Government.
◇ It contains all the usual features of a federation, viz., two Government, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.
◇ However, the Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all-India services, emergency provisions and so on.
◇ Moreover, the term ‘Federation’ has nowhere been used in the Constitution.
◇ Article 1, on the other hand, describes India as a ‘Union of States’ which implies two things:
• one, Indian Federation is not the result of an agreement by the states; and
• two, no state has the right to secede from the federation.
■ BLEND OF RIGID AND FLEXIBLE CONSTITUTION
#Salientfeaturesofconstitution
◇ A rigid Constitution is one that requires a special procedure for its amendment.
◇ A flexible constitution, on the other hand, is one that can be amended in the same manner as the ordinary laws are made.
◇ The Constitution of India is neither rigid nor flexible, but a synthesis of both.
■ DRAWN FROM VARIOUS SOURCES
#Salientfeatureofconstitution
◇ Dr. B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after ransacking all the known Constitutions of the World.
◇ The structural part of the Constitution is, to a large extent, derived from the Government of India Act of 1935.
◇ The philosophical part of the Constitution (the Fundamental Rights and the Directive Principles of State Policy) derive their inspiration from the American and Irish Constitutions, respectively.
◇ The political part of the Constitution (the principle of Cabinet Government and the relations between the Executive and the Legislature) have been largely drawn from the British Constitution.
◇ The other provisions of the Constitution have been drawn from
the Constitutions of Canada, Australia, Germany, USSR (now Russia), France, South Africa, Japan and so on.
■ LENGTHIEST CONSTITUTION OF WORLD
#Salientfeaturesofconstitution
◇ The Constitution of India is the lengthiest of all the written Constitutions in world.
◇ Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules.
◇ Presently (2019), it consists of a Preamble, about 470 Articles (divided into 25 Parts) and 12 Schedules.
◇ The various amendments carried out since 1951 have deleted about 20 Articles and one Part (VII) and added about 95 Articles, four Parts (IVA, IXA, IXB and XIVA) and four Schedules (9, 10, 11 and 12).
□ Four factors have contributed to the elephantine size of our Constitution. They are:
1. Geographical factors, that is, the vastness of the country and its diversity.
2. Historical factors, e.g., the influence of the Government of India Act of 1935, which was bulky.
3. Single Constitution for both the Centre and the states.
4. Dominance of legal luminaries in the Constituent Assembly.
