Indian constitution is a unique constitution and it took 2 years 11 months and
17 days to write and enact the Indian constitution. Indian constitution is a
constitution which is written and drafted constitution. Indian constitution is a
supreme law of land. There are certain features in the Indian constitution that
make Indian constitution unique from other constitution of the world.
Features of Indian Constitution
- Written constitution:
Indian constitution is a written constitution and it is said that India has the largest written constitution in the world. It took 2 years 11 months and 17 days to write and enact the constitution. Indian constitution is the longest constitution. There are many reasons for this, one of which is that the Indian constitution is a single constitution for both the central government and state governments. Both governments derive their power from this single constitution and it also explains the relationship and powers of both governments, ensuring no problems in the relationship between the center and state governments.
- Preamble of the constitution:
The constitution of India starts with the preamble. K.M. Munshi described the preamble as a political horoscope of the constitution which lists down the basic features of the Indian constitution. The preamble is regarded as the key to the constitution. Initially, the preamble was not considered a part of the constitution but later in the Keshavananda Bharati case, it was accepted as a part of the Indian constitution.
- Measure of Rigidity and Flexibility:
Indian constitution is a mixture of rigidity and flexibility. This means that some parts of the Indian constitution can be amended easily while others are difficult to amend. For example, forming a new state is an example of a flexible part, whereas a constitutional amendment bill requires a special majority of members from both houses of parliament who are present and voting. A special majority of parliament and confirmation by half of the state legislatures are needed for any changes to the power arrangement between the state and the center.
- Supreme law of Land:
Indian constitution is the supreme law of the land, meaning that each organ of the government—legislature, executive, and judiciary—derives its power from the Indian constitution. No organ of the government is supreme. The constitution specifies the powers and jurisdictions of each organ, ensuring that each performs its work within the sphere allotted to it by the Indian constitution.
- Fundamental rights:
Under the Indian constitution, fundamental rights are mentioned in Part 3, which are granted to Indian citizens and, in some cases, to non-citizens. There were originally seven fundamental rights, but the right to property was later deleted from the constitution and is now regarded as a legal right under Article 300A, no longer a fundamental right. There are now six fundamental rights, starting from Article 14 to Article 32. Article 32 of the Indian constitution is the right to constitutional remedies, empowering the high court and the Supreme Court to issue writs for the enforcement of fundamental rights.
- Single and Independent Judiciary:
Indian constitution provides for a single and independent judiciary with the Supreme Court at the apex, high courts at the state level, and other courts under the high courts. The Supreme Court regulates and keeps checks over the lower judiciary of the country.
- Drawn from several sources:
The constitution of India is drawn from several sources. The Indian national movement, legal rulings, and the constitutions of other nations, including the US, Canada, Australia, and Ireland, all had an impact on the Indian constitution. The Westminster form of governance, the rule of law, and the fundamental tenets of democracy and parliamentary sovereignty—all important components of British constitutional law—are incorporated into the Indian Constitution.
References:
- https://www.centurylawfirm.in/blog/sources-of-indian-constitution/
- https://byjus.com/question-answer/p-the-indian-constitution-is-both-flexible-and-rigid-explain-p/
- http://student.manupatra.com/Academic/Abk/Constitutional-Law-of-India/CHAPTER-2.htm
- https://www.toppr.com/guides/legal-aptitude/indian-constitution/features-of-the-indian-constitution/
- https://www.studyiq.com/articles/salient-features-of-constitution-of-india/
Book:
- ISC Political science By K.K.Ghai
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