The Lengthiest Constitution of the World :

The Indian Constitution is one of the lengthiest constitutions in the world and it is also very detailed. While the American Constitution originally consisted of only 7 Articles, the Australian Constitution 128 Articles, the Canadian Constitution 147 Articles, in our Constitution there are 12 schedules and 448 articles.

The Indian Constitution has incorporated various articles by taking inspiration from the various constitutions around the world. The framers of the Indian Constitution have gained experience from the working of all the known Constitutions of the world. They were aware of the difficulties faced in the working of these Constitutions. This was the reason that they sought to incorporate good provisions of those Constitutions in order to avoid defects and loopholes that might come in future in the working of the Indian Constitution. For eg

Fundamental rights on the model of the American Constitution

Adopted parliamentary system of Government from the UK.

The idea of directive principles of state policy from the Constitution of Ireland.

Added elaborate provisions relating to emergency in the light of the Constitution of the German.

But, the parent document for drafting the Indian Constitution was the Government of India Act 1935, and that document itself was very lengthy.

Establishment of a Sovereign, Socialist, Secular, Democratic Republic

The Preamble of our Constitution provides India to be a Sovereign, Socialist, Secular, Democratic and Republic Country. There are also various other terms in the Preamble which ensure equality and protect people. The various other terms are Justice, Liberty, Equality, and Fraternity.

Parliamentary form of Government

The Bicameral (दोन सभा असलेले / द्विसदनी) Legislature system is followed in our country. (Bicameral legislature is composed of the President of India and the two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).)The Unicameral legislature system is followed in countries like Norway. The law making procedure is easy in the unicameral legislature but the bicameral legislature is effective as there would be a lot of discussions and deliberations before making legislation.

The Constitution of India establishes a parliamentary form of Government both at the Centre and the States. In this respect the makers of the Constitution have followed the British model in toto.

The essence of the Parliamentary form of Government is its responsibility to the Legislature. The President is the constitutional head of the state. The real executive power is vested in the Council of Ministers whose head is the Prime Minister. The Council of Ministers is collectively responsible to the Lower House i.e. Lok Sabha. The members of the lower house are elected directly by the people normally for five years. Articles 74 and Article 75 is concerned with the Parliamentary system at the centre and Article 163 and Article 164 is concerned with the Parliamentary system at the states.

Parliamentary v. Presidential System :

The Presidential form of Government is followed in countries like the United States of America. The President is the head of the State in the Presidential System of Government.

The Parliamentary system is preferred over the Presidential system as it ensures the equal distribution of power and also power is not within the hands of a single person. The drafters of our constitution did not prefer the presidential system as the executive and legislatures would become independent of each other. The makers felt that this would be an issue afterwards.

At the outset it has to be made clear that the framers of the Constitution preferred the parliamentary system of government mainly for two reasons : (1) The system was already in existence in India and people were well acquainted with it. (2) It provides for accountability of ministers to the Legislature.

 A unique blend of rigidity and flexibility

The Indian Constitution is neither rigid nor flexible, this is also one of the reasons for its length. The famous example of the rigid constitution is the Constitution of the U.S., and it is known as a rigid constitution as the amendment process is very difficult. The Indian Constitution is not very difficult to amend, as the Constitution of The U.S.A. It has gone through 103 amendments so far but there are certain steps to be satisfied before bringing in the amendment. Thus the Indian Constitution is a unique blend of rigidity and flexibility.

Amendment depends upon the nature of amendment eg

Amendment of fundamental right : rigid

Change names of State : not rigid.

Fundamental Rights

Part III of the Indian Constitution deals with fundamental rights. If any law which violates fundamental right is void. Fundamental rights are prohibitions against the State. The State cannot make a law which takes away any of the rights of the citizens guaranteed in part III.

Nature of the Constitution

The Constitution of India is both federal and unitary in nature. The combination of federal and unitary system is unique feature of the Indian Constitution.

Directive Principles of State Policy

The Directive Principles of State Policy contained in Part IV of the Constitution set out the aims and objectives to be taken up by the States in the governance of the country. Unlike the fundamental right these rights are not justiciable. If the State is unable to implement any provisions of part IV, no action can be brought against the State in a law court.

Fundamental Duties

The Constitution (42^nd Amendment Act), 1976 has introduced a code of “fundamental duties” under Article 51-A. It requires the citizens to observe certain basic norms of democratic conduct and democratic behaviours.

Single Citizenship

There is no separate citizenship for the States and the Centre like in various federal countries like the U.S.A. There is single citizenship provided to our citizens.  Every Indian is the citizen of India and enjoys  the same rights of citizenship no matter in what State he resides.

An Independent Judiciary

The Judiciary ensures the proper functioning of the constitution and the enforcement of various provisions of the Constitution. The Constitution makers ensured that Judiciary has to be independent so that it will not be biased. The Supreme court is considered as the watchdog of democracy. There are various provisions in the Article which ensures the independence of the judiciary.

Judicial Review

The concept of judicial review is an essential feature of the Constitution which helps the constitution to work properly. The judiciary is considered to be the guardian of the constitution, thus it is the duty of the judiciary to check the actions that are violative of various articles in the Constitution. The actions of various organs of the government like executive and legislature can be questioned by the judiciary using the judicial review. The judicial review is an important check and balances in the separation of powers. The court that is authorized with the power of judicial review can invalidate any act that is violative of the various basic features of the Constitution. Article 32 of the Indian Constitution is the article related to the Judicial review in the Supreme Court. Article 226 is related to the judicial review in the High Court.

A Secular State

The term Secular State means that there is no separate religion for the State and every religion is respected equally in the State. The Preamble of the Indian Constitution itself states that India has to be a secular state.

Adult suffrage

The concept of Adult suffrage allows every citizen of our country who is above eighteen years has the right to vote in the elections. Any adult who is eligible to vote should not be discriminated on any basis like gender, caste and religion. This provision was added in the sixty-first amendment which is also known as the Constitution Act, 1988. The accepted age for voting was twenty-one before this amendment afterwards it was changed to 18 years of age. Article 326 of the Indian Constitution guarantees this right. There are also certain disqualifications provided under Article like:

• Non-residence;
• Unsound mind;
• Criminals who are indulged in the corrupt and illegal practice.

The persons with these disqualifications are not accepted as a registered voter and they are not allowed to cast votes in the election.

Independent Election Machinery.

Election commission who is appointed under constitution is an independent body.