Explain the essential features of the Indian Constitution.

 The essential features of the Constitution of India are as follows: The Constitution is supreme: The sovereignty of India cannot be surrendered or pledged: India is Republic and cannot be turned into a monarchy: Democracy is a way of life than merely providing for adult franchise: Secularism and independent judiciary are two pedestals of this democracy. Amendments to the Constitution can be made without altering its essentials.

1. Sovereign, Democratic, Republic

The ‘Preamble' to the Constitution declares that the people of the country are the sovereigns. In other words. “Sovereignty” rests in the people and is exercised through the institutions that have been created for that purpose. The sovereignty of the country can not be pledged, i-e.. India can not be turned into a colony or a dependency of another country. The entire course of the Freedom Movement was on this quintessential principle of sovereignty.

In the Preamble it is also stated that the country shall be a Republic and shall adhere to a democratic form of government. In Republic there is no scope for a Monarch to reign over the people. but the people themselves rule the county through their elected representatives.

2. Union of States

An important feature of the Constitution is that it has constituted India as a Union of States (Art 1). There is also scope in the Constitution to create new States as well as to admit new ones. Notable example of these are the formation of States, for the first time after independence in 1956 by bifurcating some of the then existing States on a linguistic basiseAndhra Pradesh, Tamil Nadu, Karnataka and Kerala. Through the bifurcation of the Bombay State Maharashtra and Gujarat were formed. More recently, in the year 2000. three new States — Uttaranchal. Chhattisgarh and Jharkhand = were created. An example of the admission of new States into the Indian Union is the admission of Sikkim. in 1975, till then a protectorate of India, into the some of the Princely States were yet not ready by the time the Constitution would come into force to become part of India. The Nizam’s State of Hyderabad is one such example. And, besides, there were French and Portuguese colonies — Pondicherry and Goa that remained to be integrated with India. On August 5, 2019 the State of Jammu and Kashmir was bifurcated into two union-territories — Jammu and Kashmir and Laddhakh.

3. Fundamental Rights

The Fundamental Rights provided for in the Constitution could be summarised as Right to Equality. Right to Freedom, Right Against Exploitation, Right to Religion, Cultural and Educational Rights and the Right to Constitutional Remedies. The Right to Property was made a legal right through the Forty Fourth Constitutional Amendment Act, and is hence, not a Fundamental Right now. In the large interests of the country, the property belonging to any person can be acquired by paying a “compensation.”

The Fundamental Rights are enshrined in Part III of the Constitution, and their implementation is guaranteed by the Supreme Court. In other words, Fundamental Rights are justice able. Indeed, some of the Fundamental Rights, it might be noted. are applicable only to the citizens of the country and not to foreigners. Article 20, Article 21 and Article 22 are, however. applicable to all. At the same time, it should also be borne in mind that what is applicable is the ‘restriction® on the Right.

Except during an ‘Emergency’, Fundamental Rights cannot be suspended. However, even during an Emergency Article 20 and Article 21 cannot be withheld. The Constitution was amended by the Forty Fourth Amendment Act and through Article 359-1A it was stated that Article 20 and Articie 21 cannot be suspended even when a proclamation of Emergency is in operation.

4. Directive Principles of State Policy

The Directive Principles of States Policy (DPSP) are an adaptation from the Irish Constitution. These are broad guidelines which have to be borne in mind while enacting laws and implementing them. Unlike the Fundamental Rights, the DPSP are not justiceable. Simplistically understood the DPSP have a ‘welfare’ connotation. The Constitution does not provide for their guarantee and, therefore. their enforcement can not be questioned in a court of law.

Fundamental Rights and the DPSP “together, not individually” form the core of the Constitution; “the true conscience”. The DPSP prescribes that the state shall ensures.

5. Fundamental Duties

The Fundamental Duties enshrined in the Constitution are intended to obligate all the citizens to strive for the common benefit of all. They are expected to respect the Constitution, National Triscolour and the Anthem. They are called upon to strive for upholding the unity and integrity of the country and work for a harmonious society setting aside all divisive tendencies. The citizens of the country have a duty to protect its resources both natural and material and work towards higher levels of achievement.

6. The Union: Executive, Legislature and Judiciary

There are, as all students of Political Sciences know, three organs or branches of government, i.e., legislature, executive and judiciary. A harmonious functioning among the three is vital for the furtherance of a country.

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