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Explain nature of Indian Constitution or Explain salient features of Indian constitution

The Indian Constitution is a comprehensive document that establishes the framework of governance in India. It defines the political principles, structures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. Below are the key features or the nature of the Indian Constitution:

1. Lengthiest Written Constitution

The Indian Constitution is the most detailed and comprehensive constitution in the world. It originally consisted of 395 Articles, 22 Parts, and 8 Schedules. Over time, through amendments, it has grown to have 470 Articles, 25 Parts, and 12 Schedules. This extensive nature reflects India's diverse society and complex needs.

2. Drawn from Multiple Sources

The Indian Constitution incorporates elements from various global constitutions:

• Government of India Act, 1935: Federal structure, emergency provisions.
• British Constitution: Parliamentary system, rule of law.
• U.S. Constitution: Fundamental rights, judicial review.
• Irish Constitution: Directive Principles of State Policy.
• Canadian Constitution: Strong federal government with a central bias.
• South African Constitution: Amendment process.

3. Sovereign, Socialist, Secular, Democratic Republic

The Preamble of the Indian Constitution declares India as:

• Sovereign: Independent authority not subject to any external power.
• Socialist: Aims to reduce inequality and promote social justice.
• Secular: Ensures equal treatment of all religions by the state.
• Democratic: Governance through elected representatives.
• Republic: Head of state (President) is elected, not hereditary.

4. Federal System with Unitary Bias

India has a quasi-federal structure with a strong central government. While the Constitution provides for a division of powers between the Centre and States (via the Union, State, and Concurrent Lists), it tilts in favor of the Centre, especially during emergencies.

5. Parliamentary Form of Government

India follows a parliamentary system where:

• The President is the nominal head of state.
• The Prime Minister, as the head of the government, holds real power.
• The executive is accountable to the legislature.

 6. Fundamental Rights

The Constitution guarantees Fundamental Rights under Part III, ensuring citizens' rights to equality, freedom, religion, and protection against exploitation. These rights are enforceable in courts.

7. Directive Principles of State Policy (DPSP)

Part IV of the Constitution contains Directive Principles, guiding the state to promote social and economic welfare. Though non-justiciable, they aim to create a welfare state.

8. Fundamental Duties

Inspired by the Soviet Union, the 42nd Amendment introduced Fundamental Duties for citizens, listed under Article 51A, emphasizing the moral obligations of every citizen.

9. Independent and Integrated Judiciary

India has a single judiciary with the Supreme Court at the top, followed by High Courts and Subordinate Courts. The judiciary is independent and has the power of judicial review to ensure the Constitution is upheld.

10. Flexibility and Rigidity

The Indian Constitution strikes a balance between rigidity and flexibility. While some amendments require special majority and ratification by states (rigid), others can be passed by a simple majority (flexible).

11. Universal Adult Franchise

The Constitution grants the right to vote to every citizen aged 18 or above, irrespective of caste, creed, gender, or economic status, ensuring equality in political participation.

12. Emergency Provisions

In extraordinary circumstances, the Constitution allows the imposition of:

• National Emergency (Article 352)
• State Emergency (President’s Rule) (Article 356)
• Financial Emergency (Article 360)
  These provisions centralize power to maintain sovereignty, security, and stability.

13. Secular Character

The Constitution ensures that India is a secular state, where the government does not favor or discriminate against any religion. Article 25-28 guarantees freedom of religion.

 

14. Single Citizenship

Unlike federal countries like the USA, India provides single citizenship, emphasizing unity.

15. Special Provisions for States and Communities

The Constitution recognizes India's diversity through provisions for:

• Autonomy to Jammu & Kashmir (removed by the 2019 abrogation of Article 370).
• Protection of tribal and cultural identities.
• Reservation policies for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.

16. Amendment Process

Article 368 provides for the amendment of the Constitution, making it a living document capable of adapting to changing times and needs.

Conclusion

The Indian Constitution is a unique blend of unitary and federal features, ensuring a balance between national unity and regional diversity. It reflects the aspirations of the people and provides a strong framework for governance while promoting justice, liberty, equality, and fraternity.