The Preamble, as you already know, contain the ideals and basic principles of the Indian Constitution. The Preamble is not a part of the Constitution. It is not enforceable in a court of law. No one can go to the court and say that the Preamble has not been enforced by the government. Still the Preamble serves as the guiding light of the Constitution.
Before reading about the salient features of the Constitution, it is necessary to know about the Preamble. The Preamble remained unchanged till 1976. In 1976, the words 'Socialist', 'Secular' and 'Unity and integrity of the Nation' were added. As you read about the different features you will know how the Preamble has been reflected in the Constitution . The following are the salient features of the Constitution :
A detailed written Constitution
The Constitution of India is the most detailed Constitution in the World. The Constitution was framed by the Drafting Committee of the Constituent Assembly under the chairmanship of B.R. Ambedkar. The Constitution was divided into 22 parts, 396 Articles and 8 Schedules. (Four more schedules have been added since then.)
No other Constitution has gone into such minute details as the Indian Constitution . Besides the governmental structure at the central, state and local levels, the Constitution elaborates upon citizenship, rights and duties or the people, directive principles of state policy, union-state relations, trade and commerce, services, elections, emergency provisions and representation. You know the complex problems India faced at the time of independence. Our Constitution makers did not wantto leave any gap in the Constitution that would create problems later. They did not want any portion of the Constitution to be vague or unclear. They felt no matter should be left subject to doubts. The result was an elaborate and detailed constitutional document.
Amending Procedure
You already why the Indian Constitution is called a 'living document'. In the Constituent Assembly there were members who wanted to give a written, elaborate Constitution. They wanted to write every detail in black and white. While there was another group of experts who were conscious of the fast changing Indian society. Such a society would need vast programes of socioeconomic changes. They argued that eh Constitution must be able to adapt itself to the changing conditions. This would have been possible only with a suitable amending procedures. In the first category, amendments can be done by simple majority of members present and voting before sending it for the President's assent. In the second category, amendments require a special majority. Such an amendment be passed by each House of Parliament by the two-third majority of the members of the House present and voting and then sent to the President for his assent. The third category of amendment is really difficult to pass. Besides the special majority mentioned in the second category, the same has to be approved by at least 50 % of the state legislatures.
A Sovereign Democratic Republic
The Preamble declares India a Sovereign Democratic Republic. India is a sovereign country. It is free from external control. Internally, India can frame or form its own policies. It cannot be dictated by any other foreign power. India can formulate its own foreign policy.
India is a democracy. People of India elect their governments at all the levels (central, state and local ) by the method of Universal Adult Franchise. Every citizen of India, who is 18 years of age and above and who is not otherwise debarred by law, is entitled to vote in the election. Every citizen enjoys this right without any discrimination on the basis of caste, creed , colour, sex or education .
The Preamble declares India a Republic. It means that the head of the State, i.e., the President is elected by the people. The President is not a hereditary ruler like the British monarch.
Federal Features
In a federal government, there are two sets of governments. The union ( as we call in India ) government and the state governments. The Constitution gives both the sets of governments clearly marked areas of functioning . But the Constitution of India does not use the term'Federal. It says India is a 'Union of States' . The Constitution clearly mentions the subjects on which the central and the state governments can pass laws. This is called division of powers between the centre and the state governments. The Constitution demarcates the powers of the central and the state governments into different lists of subjects. These lists are called the Union List, the State List and the Concurrent List. Subjects of national importance like defence , foreign affairs, atomic energy, banking, post and telegraph are included in the Union List. The central government can pass laws on the subjects mentioned in the Union List. The Union list has 97 subjects. The State List comprises those important subjects on which the state government can pass laws. Subjects like police, local government, trade and commerce within the state, agriculture are included in the State List. The State List has 66 subjects. In order to avoid any kind of ambiguity in the distribution of functions, the Constitution provides for a third list which is called Concurrent List. These are the subjects which are of common concer both to the centre and the state governments . Ordinarily both the central and state governments can frame law on these subjects . However, if there, is a conflict between the central law and the state law, over a subject in the Concurrent List the central law would be effective. This list includes subjects like criminal and civil procedure, marriage and divorce, education, economic planning, trade unions. The Concurrent List has 47 subjects. Our Constitution makers wanted to be so precise about the distribution of powers between the governments, that after providing for three lists, they provided for what is called 'residuary powers' . Matters which are not included in the division of powers, are known as residuary powers. It was felt that there can be subjects which are not mentioned in either of these lists. The central government has been given the power to legislate on these 'residuary' subjects.
Unlike other federation, in India the centre clearly has advantages over the states. The Union List has more subjects and has subjects of national importance. In teh Concurrent List, the Constitution gives greater powers to the center. Besides the division of powers, in a federation normally we find dual citizenship. In the USA which is a federation, everyperson is a citizen of the United States and also a citizen of his/ her state. But in India we have single citizenship only. In an election, a citizen votes as an individual or an Indian and not as a Bengali, a Punjabi, a Tamil, or a Gujarati. Finally , there are some provisions in the Constitution known as emergency provisions. The Constitution specifies certain conditions when an emergency can be declared. At the time of emergency, the Central Government has surely been given more powers about which you are going to read later.
Parliamentary System
India has a parliamentary form of government . In a parliamentary system, the Parliament is supreme and represents the people. The legislature in the centre is called the Parliament or the Sansad. The Parliament is bicameral which means it has two houses :
Though teh government is carried on in the name of the President at the centre and the Governor in the states, actual administration is carried on by the Council of Ministers headed by the Prime Minister in the centre and Chief Minister in the states. The Council of Ministers is responsible to the legislature which comprises the representatives of the people. This makes the legislature or the Parliament supreme.
A Welfare State
The Constitution spells out the establishment of a welfare state. A welfare state is the state which performs functions aimed ate the welfare of the people. Such a state regards subjects like education, public health or agriculture as important as looking after the defence or the foreign affairs of the country.
Directive Principles of State Policy about which you are going to read in the next chapter, aims at making India a welfare state.
A Socialist, Secular State
The Preamble declares India as socialist and sevular state. Democracy with its theory of universal adult franchise, give political equality to its citizens. But equality remains incomplete if it is not extended to social and economic life too. India strives for a society where there will be no major economic inequality between people.
India is a secular state. All citizens irrespective of their religious beliefs are equal in the eyes of the law. The government cannot formulate such policies which discriminate between various religious communities which live in India .
Emergency Provisions
Emergency provisions are another very important feature of the Indian Constitution . There are times when the country could not be run as in ordinary times. To cope with such difficult times, the Constitution provides for the emergency provisions. You are going to read about the emergency provisions in the following chapters.
Independent and Impartial Judiciary
The Constitutiona has provided for he establishment of independent and impartial judiciary. You have already read that India has two sets of governments, the central or union government and teh state government . In case of a conflict between the two sets of governments the Judiciary is expected to play the role of an umpire as it is in a cricket match. The judiciary has to play an impartial role in such a situation. The Constitution has laid down that in case of a dispute between centre and the state on constitutional matters (matters relating to the Constitution) it will be decided by the Supreme Court. The Supreme Court is the apex court in our judiciary . The Indian Constitution in keeping to its size, has a number of distinctive features.
Before reading about the salient features of the Constitution, it is necessary to know about the Preamble. The Preamble remained unchanged till 1976. In 1976, the words 'Socialist', 'Secular' and 'Unity and integrity of the Nation' were added. As you read about the different features you will know how the Preamble has been reflected in the Constitution . The following are the salient features of the Constitution :
A detailed written Constitution
The Constitution of India is the most detailed Constitution in the World. The Constitution was framed by the Drafting Committee of the Constituent Assembly under the chairmanship of B.R. Ambedkar. The Constitution was divided into 22 parts, 396 Articles and 8 Schedules. (Four more schedules have been added since then.)
No other Constitution has gone into such minute details as the Indian Constitution . Besides the governmental structure at the central, state and local levels, the Constitution elaborates upon citizenship, rights and duties or the people, directive principles of state policy, union-state relations, trade and commerce, services, elections, emergency provisions and representation. You know the complex problems India faced at the time of independence. Our Constitution makers did not wantto leave any gap in the Constitution that would create problems later. They did not want any portion of the Constitution to be vague or unclear. They felt no matter should be left subject to doubts. The result was an elaborate and detailed constitutional document.
Amending Procedure
You already why the Indian Constitution is called a 'living document'. In the Constituent Assembly there were members who wanted to give a written, elaborate Constitution. They wanted to write every detail in black and white. While there was another group of experts who were conscious of the fast changing Indian society. Such a society would need vast programes of socioeconomic changes. They argued that eh Constitution must be able to adapt itself to the changing conditions. This would have been possible only with a suitable amending procedures. In the first category, amendments can be done by simple majority of members present and voting before sending it for the President's assent. In the second category, amendments require a special majority. Such an amendment be passed by each House of Parliament by the two-third majority of the members of the House present and voting and then sent to the President for his assent. The third category of amendment is really difficult to pass. Besides the special majority mentioned in the second category, the same has to be approved by at least 50 % of the state legislatures.
A Sovereign Democratic Republic
The Preamble declares India a Sovereign Democratic Republic. India is a sovereign country. It is free from external control. Internally, India can frame or form its own policies. It cannot be dictated by any other foreign power. India can formulate its own foreign policy.
India is a democracy. People of India elect their governments at all the levels (central, state and local ) by the method of Universal Adult Franchise. Every citizen of India, who is 18 years of age and above and who is not otherwise debarred by law, is entitled to vote in the election. Every citizen enjoys this right without any discrimination on the basis of caste, creed , colour, sex or education .
The Preamble declares India a Republic. It means that the head of the State, i.e., the President is elected by the people. The President is not a hereditary ruler like the British monarch.
Federal Features
In a federal government, there are two sets of governments. The union ( as we call in India ) government and the state governments. The Constitution gives both the sets of governments clearly marked areas of functioning . But the Constitution of India does not use the term'Federal. It says India is a 'Union of States' . The Constitution clearly mentions the subjects on which the central and the state governments can pass laws. This is called division of powers between the centre and the state governments. The Constitution demarcates the powers of the central and the state governments into different lists of subjects. These lists are called the Union List, the State List and the Concurrent List. Subjects of national importance like defence , foreign affairs, atomic energy, banking, post and telegraph are included in the Union List. The central government can pass laws on the subjects mentioned in the Union List. The Union list has 97 subjects. The State List comprises those important subjects on which the state government can pass laws. Subjects like police, local government, trade and commerce within the state, agriculture are included in the State List. The State List has 66 subjects. In order to avoid any kind of ambiguity in the distribution of functions, the Constitution provides for a third list which is called Concurrent List. These are the subjects which are of common concer both to the centre and the state governments . Ordinarily both the central and state governments can frame law on these subjects . However, if there, is a conflict between the central law and the state law, over a subject in the Concurrent List the central law would be effective. This list includes subjects like criminal and civil procedure, marriage and divorce, education, economic planning, trade unions. The Concurrent List has 47 subjects. Our Constitution makers wanted to be so precise about the distribution of powers between the governments, that after providing for three lists, they provided for what is called 'residuary powers' . Matters which are not included in the division of powers, are known as residuary powers. It was felt that there can be subjects which are not mentioned in either of these lists. The central government has been given the power to legislate on these 'residuary' subjects.
Unlike other federation, in India the centre clearly has advantages over the states. The Union List has more subjects and has subjects of national importance. In teh Concurrent List, the Constitution gives greater powers to the center. Besides the division of powers, in a federation normally we find dual citizenship. In the USA which is a federation, everyperson is a citizen of the United States and also a citizen of his/ her state. But in India we have single citizenship only. In an election, a citizen votes as an individual or an Indian and not as a Bengali, a Punjabi, a Tamil, or a Gujarati. Finally , there are some provisions in the Constitution known as emergency provisions. The Constitution specifies certain conditions when an emergency can be declared. At the time of emergency, the Central Government has surely been given more powers about which you are going to read later.
Parliamentary System
India has a parliamentary form of government . In a parliamentary system, the Parliament is supreme and represents the people. The legislature in the centre is called the Parliament or the Sansad. The Parliament is bicameral which means it has two houses :
Though teh government is carried on in the name of the President at the centre and the Governor in the states, actual administration is carried on by the Council of Ministers headed by the Prime Minister in the centre and Chief Minister in the states. The Council of Ministers is responsible to the legislature which comprises the representatives of the people. This makes the legislature or the Parliament supreme.
A Welfare State
The Constitution spells out the establishment of a welfare state. A welfare state is the state which performs functions aimed ate the welfare of the people. Such a state regards subjects like education, public health or agriculture as important as looking after the defence or the foreign affairs of the country.
Directive Principles of State Policy about which you are going to read in the next chapter, aims at making India a welfare state.
A Socialist, Secular State
The Preamble declares India as socialist and sevular state. Democracy with its theory of universal adult franchise, give political equality to its citizens. But equality remains incomplete if it is not extended to social and economic life too. India strives for a society where there will be no major economic inequality between people.
India is a secular state. All citizens irrespective of their religious beliefs are equal in the eyes of the law. The government cannot formulate such policies which discriminate between various religious communities which live in India .
Emergency Provisions
Emergency provisions are another very important feature of the Indian Constitution . There are times when the country could not be run as in ordinary times. To cope with such difficult times, the Constitution provides for the emergency provisions. You are going to read about the emergency provisions in the following chapters.
Independent and Impartial Judiciary
The Constitutiona has provided for he establishment of independent and impartial judiciary. You have already read that India has two sets of governments, the central or union government and teh state government . In case of a conflict between the two sets of governments the Judiciary is expected to play the role of an umpire as it is in a cricket match. The judiciary has to play an impartial role in such a situation. The Constitution has laid down that in case of a dispute between centre and the state on constitutional matters (matters relating to the Constitution) it will be decided by the Supreme Court. The Supreme Court is the apex court in our judiciary . The Indian Constitution in keeping to its size, has a number of distinctive features.
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