Nature of Indian Constitution
Nature of the Indian Constitution
1. Introduction
The Indian Constitution is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights and duties of citizens.
The nature of the Indian Constitution has been analyzed extensively by jurists and courts and is often described as unique because it borrows features from various other constitutions around the world.
2. Key Features Describing the Nature of Indian Constitution
A. Lengthiest Written Constitution
The Indian Constitution is the longest written constitution in the world.
It originally contained 395 Articles and 8 Schedules; today, it has over 470 Articles and 12 Schedules.
The length reflects the diversity and complexity of India’s social, political, and economic conditions.
B. Written and Detailed
The Indian Constitution is a written constitution, meaning it is documented in a single formal text.
It provides detailed provisions about the functioning of government, fundamental rights, directive principles, and more.
C. Federal but with Unitary Bias
India is a federal state with division of powers between the Union and the States as per the Seventh Schedule (Union List, State List, Concurrent List).
However, it has a strong unitary bias, especially during emergencies, when the central government’s powers increase.
This makes India a quasi-federal or federation with a strong unitary bias.
D. Parliamentary Democracy
India follows the parliamentary system of government based on the British model.
The executive is responsible to the legislature.
The Prime Minister is the head of government, and the President is the ceremonial head of state.
E. Sovereign, Socialist, Secular, Democratic Republic
The Preamble declares India a sovereign, socialist, secular, democratic republic.
These ideals guide the interpretation of the Constitution.
F. Rigid yet Flexible Constitution
The Constitution is rigid in the sense that amendments require special procedures (Article 368).
It is also flexible because some provisions can be amended by a simple majority in Parliament.
This dual nature allows adaptability without compromising stability.
G. Incorporates Fundamental Rights and Directive Principles
Guarantees Fundamental Rights to citizens to protect individual liberties.
Contains Directive Principles of State Policy to guide the State in governance aimed at social and economic justice.
H. Independent Judiciary and Judicial Review
The Constitution establishes an independent judiciary.
The Supreme Court has the power of judicial review to ensure laws and executive actions conform to the Constitution.
3. Case Law Highlighting the Nature of Indian Constitution
A. Kesavananda Bharati v. State of Kerala (1973)
This landmark case established the Basic Structure Doctrine.
The Court held that while Parliament can amend the Constitution, it cannot alter or destroy the “basic structure” or essential features of the Constitution.
This judgment illustrates that the Indian Constitution is supreme, and amendments are limited by the basic structure.
It affirmed the written, rigid, and supreme nature of the Constitution.
B. S.R. Bommai v. Union of India (1994)
The Court emphasized the quasi-federal nature of the Constitution.
It held that the federal structure and secularism are part of the basic structure.
It clarified the balance between Union and States and the constitutional limits on central intervention.
C. Minerva Mills Ltd. v. Union of India (1980)
The Supreme Court held that the balance between Fundamental Rights and Directive Principles is a part of the basic structure.
The decision reinforces that the Constitution is a harmonious document seeking social justice and individual liberty.
D. Shankari Prasad v. Union of India (1951)
Early in India’s constitutional history, the Court held that Parliament had unlimited power to amend the Constitution, including Fundamental Rights.
This view was later modified by Kesavananda Bharati.
E. Golaknath v. State of Punjab (1967)
The Court held that Fundamental Rights are immutable and Parliament cannot amend them.
This was overruled by Kesavananda Bharati but laid the foundation for the basic structure doctrine.
4. Summary of the Nature of Indian Constitution
| Aspect | Description |
|---|---|
| Written & Lengthy | Longest written constitution; detailed provisions |
| Federal with Unitary Bias | Division of powers with strong central control, especially during emergencies |
| Parliamentary Democracy | Based on British model; executive responsible to legislature |
| Sovereign, Socialist, Secular | Reflects core values enshrined in the Preamble |
| Rigid yet Flexible | Special amendment procedures but also adaptable |
| Supreme & Basic Structure | Supreme law with inviolable basic structure doctrine |
| Independent Judiciary | Ensures judicial review and constitutional supremacy |
5. Conclusion
The Indian Constitution is a unique blend of federalism and unitarianism, rigidity and flexibility, detailed governance and broad principles. It reflects India's diversity, pluralism, and commitment to democracy, justice, liberty, and equality.
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