Nature and Features of the Constitution of India

THE CONSTITUTION OF INDIA

The Constitution of India which came into force on 26 January 1950 announcing the birth of a new republic to the entire world.

It is the Supreme Lex, it reflects upon the struggle and aspirations of the people of a country which was subject to the oppressive rule of a colonial power for more than two centuries.

The Constitution contains the fundamental law of the land. It is the source of all powers of, and limitations on, the three organs of State viz. the executive, the legislature and judiciary. 

No action of the state would be valid unless it is permissible under the Constitution. Therefore it is imperative to have a clear understanding of the nature and working of the Constitution.

NATURE OF INDIAN CONSTITUTION

According to the traditional classification followed by some political scientists, Constitutions are either unitary or federal.

In a unitary constitution, the powers of the government are centralised in one government viz. the central government. On the other hand, in a federal constitution, there is a division of power between the federal and the state government and both are independent in their own sphere.

There is a difference of opinion amongst the constitutional jurists, about the nature of the constitution. One view is that it is a quasi-federal constitution. 

Others opine it as a federal one. The framers of the constitution are of the opinion that the constitution is a federal constitution.

Some constitutional jurists hesitate to characterise the Indian constitution as federal constitution. It is, therefore, necessary to ascertain what the federal constitution is and what are its essential characteristics and whether our constitution posses those characteristics.

FEDERAL CHARACTERISTICS OF INDIAN CONSTITUTION

The Indian constitution basically has 7 main federal features. The main federal features of the Indian constitution are-

1. Division of power

2. Supremacy of the constitution

3. Written constitution

4. Rigid constitution

5. Authority of the courts

1. DIVISION OF POWER :

The division of powers is an essential feature of federalism. Federalism means the distribution of powers of state among a no. of co-ordinate bodies, each originating and controlled by the constitution. 

The constitution of India has provided for the division of power between the state government and central government.

The Seventh Schedule contains three lists. They are- Union list, State list, Concurrent list.

THE UNION LIST:  The parliament is empowered to make laws upon the subjects mentioned in the union list. There are 97 subjects in the union list such as defence, foreign affairs, railways, posts and telegraphs, currency etc.

THE STATE LIST:  The state legislature is empowered to make laws upon the subjects mentioned in the state list under normal circumstances. But in extraordinary circumstances, the union may involve. There are 66 subjects in the state list such as police administration, public health, education, agriculture etc.

THE CONCURRENT LIST:  The union and the state both can make laws upon the subjects mentioned in the concurrent list. But the residuary powers have been vested upon the central government. There are 47 subjects in the concurrent list such as criminal law, marriage, divorce, bankruptcy, electricity etc.

2. SUPREMACY OF THE CONSTITUTION:

A federal constitution must be supreme.

In India, the constitution is the supreme law of the land. If for any reason any organ of the State dares to violate any provision of the Constitution, the courts of laws are there to ensure the dignity of the constitution is upheld at all costs. 

3. WRITTEN CONSTITUTION:

The Constitution of India is a written document containing 395 Articles and 12 Schedules, and therefore, fulfils the basic requirement of a federal constitution. In fact, the Indian Constitution is the most elaborate constitution of the world.

4. RIGID CONSTITUTION:

A federal constitution which is the supreme law of the land must also be rigid.

The Constitution of India is largely a rigid constitution. All the provisions of the constitution concerning Union-State relations can be amended only by the joint action of the State legislature and the Parliament. Such amendments can be done in three ways: 

1. By simple majority (1/2+1)

2. By special majority (2/3)

3. By special majority along with ratification by half of the state legislature (2/3+1/2 of the state legislature)

5.AUTHORITY OF THE COURTS: 

A federal constitution must provide authority to the courts.

In India, the judiciary is independent and supreme. The supreme court is the guardian of the Indian Constitution. The supreme court of India can declare a law as unconstitutional or ultra vires if the law contravenes any provisions of the constitution.

Therefore, we can say that all the federal characteristics are present in the Indian Constitution.