The Indian Constitution is the supreme law of the land, establishing the framework for governance and protecting the rights of citizens. For the AIBE exam, it is crucial to have a comprehensive understanding of the fundamental concepts within Constitutional Law, as outlined below. These topics form the foundation of India’s legal system and governance structure.
- SALIENT FEATURES OF THE INDIAN CONSTITUTION
The Indian Constitution is distinct and complex, combining federal and unitary elements. Some of its key features include:
- Lengthiest Constitution in the World:
- India’s Constitution is the longest written constitution globally, with 395 articles in 22 parts, 12 schedules, and numerous amendments (currently 105).
- Drawn from Various Sources:
- The Indian Constitution has borrowed features from various global constitutions, such as the UK, US, Canada, Ireland, and Australia. For example, the Parliamentary system is modelled after the British system, while Fundamental Rights are inspired by the US Bill of Rights.
- Federal System with a Unitary Bias:
- The Indian Constitution establishes a federal system with powers divided between the Centre and the States (Schedule VII). However, during emergencies, India becomes a unitary state, giving greater powers to the Central government.
- Parliamentary Sovereignty:
- India follows the Westminster model, meaning the Parliament is sovereign and the executive is accountable to it.
- Fundamental Rights and Duties:
- The Constitution guarantees Fundamental Rights (Part III) and outlines the Fundamental Duties (Part IVA) for all citizens.
- Directive Principles of State Policy (DPSP):
- Part IV contains DPSPs, which provide guidelines for the government to achieve social justice and economic welfare.
- Rigid and Flexible:
- The Indian Constitution is both rigid and flexible, with provisions that can be amended by simple or special majorities depending on the subject.
- Single Citizenship:
- Unlike the US, India provides single citizenship for all its citizens, fostering unity.
- Secular State:
- India is a secular country, which means there is no state religion, and all religions are treated equally.
Key Terms
- Written Constitution: A detailed and formal document outlining the structure and powers of government.
- Federalism: Division of power between the central and state governments.
- Parliamentary Sovereignty: The principle that Parliament is the supreme legal authority.
- Secularism: The state does not favour or endorse any religion.
- Single Citizenship: Only one citizenship for all Indians, regardless of the state.
- Amendment Process: Procedure for making changes to the Constitution.
Review Questions
- What are the key sources from which the Indian Constitution borrows its features?
- How does the Indian Constitution balance federal and unitary principles?
- Explain the significance of single citizenship in India.
- What is the role of the Parliament in the legislative process?