Discovering The Salient Features of India's Constitution: A Comprehensive Overview


Introduction

The Indian constitution is one of the most admired in the world, and was adopted after carefully examining all the previously existing constitutions. We adopted a constitution that has withstood the test of time.

In this article we will tell you about Discovering the Salient Features of India's Constitution: A Comprehensive Overview. The Indian Constitution has a number of salient characteristics that set it apart from the constitutions of other nations, even though provisions from other constitutions were borrowed.

The Salient Features of India's Constitution

Here are some of the salient features of India's constitution:

Lengthiest Written Constitution

There are two types of constitutions written and unwritten. The United States has a written constitution while the UK has an unwritten form of constitution. India's constitution is by far the longest and most extensive written constitution globally. It is also a detailed and thorough in nature.

Geographical factors (the size and diversity of the nation), historical factors (the influence of the GoI in 1935), and other factors have all contributed to this phenomenon. single constitution for the federal and state governments, and predominance of the legal elite.

Drawn from Various Sources

Most of its provisions were lifted from the Government of India Act of 1935 as well as the constitutions of several other nations. Ex: structural component from GoI, 1935; judiciary independence from USA; USA-based fundamental rights; etc.

Despite being a borrowed document, the writers of the Indian constitution made sure it was customized for the needs of the nation. Even though we adopted the cabinet system of government from the UK, it is not all-powerful as it is in the UK.

Constitutional Preamble

The preamble or the introduction of the Constitution explains the important beliefs, goals, and basic rules of the document. These objectives, which come directly or indirectly from the Preamble, have influenced the fundamental provisions of the Constitution.

It proclaims India to be a Sovereign Socialist Secular Democratic Republic, a welfare state, committed to upholding justice, liberty, and equality for all people as well as promoting fraternity, individual dignity, and national cohesion and integrity. The Preamble outlines the nature of the Indian state and the ideals that its citizens can count on it to uphold.

Democratic Regime

The sovereignty of the people serves as the foundation for governmental authority. All citizens have equal access to political rights. Elections to elect governments are held on a regular basis and are free and fair.

Republic of India

India is proclaimed to be a Republic in the Preamble. There is no monarch or appointed head of state in charge of India. The President of India is the elected head of state by the members of the parliament and has a fixed five-year term in office. The Indian people indirectly elect their President every five years.

Union of States

The Constitution's Article I declares that "India, or Bharat, is a Union of States."

Fundamental Rights and Duties

Indian citizens are granted and protected by Fundamental Rights under the country's Constitution. Every person is allowed to enjoy a number of fundamental rights, which are covered in part III of the Indian Constitution, which upholds this fundamental principle.

The six fundamental rights in India are: Right to equality, freedom, right against exploitation, religious freedom, right to cultural and educational freedoms, and the right to constitutional remedies (article 32).

Fundamental rights are subject to judicial review and are not inalienable. The state's security requirements can be taken into consideration when imposing reasonable restrictions. The 42nd Amendment, passed in 1976, combined the Directive Principles of State Policy into a new part IV (A), which outlines fundamental obligations.

Directive Principles of State Policy

The Directive Principles of State Policy chapter that the Constitution contains is one of its distinctive features. To maintain social and economic democracy in the nation, the government must adhere to these principles, which are directives in nature.

Parliamentary System

The Constituent Assembly chose to support a parliamentary system of government for both the federal government and state governments. Nominal and actual executive heads are distinguished in the Indian parliamentary system.

The Council of Ministers is answerable to the Lok Sabha, the union's lower house of parliament. The executive and legislative branches are closely connected.

FAQs

Q1. State the salient features of the Indian constitution?

Ans: There is a basic structure to the Indian constitution, which is defined as its most important elements. Fundamental rights, the preamble, Secularism, Directive Principles, Judicial Independence, Federalism, Liberal Democracy, Rule of Law, and Republicanism have been named as these characteristics.

Q2. State the salient features of fundamental rights?

Ans: People in India have the right to:

  • Think and express themselves freely
  • Gather peacefully without violence
  • Form associations with others
  • Move around the Indian subcontinent freely
  • Live and work anywhere in India
  • Practice any profession they choose.

Q3. Why are salient features important?

Ans: The individual with CVI can learn to recognise and interpret their visual environment by highlighting the distinct differences between objects, images, targets, and people using salient features consistently. Knowing what is salient means understanding what is most crucial.

Q4. What are the salient features of rule of law?

Ans: In order to ensure adherence to the legal and procedural transparency, legal certainty, accountability to the law, equality before the law, fairness in the application of the law, separation of powers, and participation in decision-making principles, measures must be taken.

Updated on: 15-May-2023

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