Silent Features of Indian Constitution

Silent Features of the Indian Constitution

  

The Constitution of India, adopted on January 26, 1950, is a cornerstone of the Indian republic. It is the supreme law of the land, embodying the principles, values, and aspirations of the people of India. The Indian Constitution is distinguished by its many silent features, which reflect the unique social, cultural, and political context of the country. This article explores these features, with references to relevant Articles of the Constitution and landmark case laws that have shaped its interpretation. 

  

1. Lengthiest Written Constitution (Article 1 – 395)

India’s Constitution is the lengthiest in the world, encompassing 448 Articles in 25 Parts, 12 Schedules, and numerous amendments. This extensive document covers every aspect of governance and citizenship, ensuring that it addresses the diverse needs of Indian society. 

  

Case Law Reference: 

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court emphasized the importance of the Constitution’s detailed provisions in protecting fundamental rights and maintaining a balance between the different organs of government. 

  

2. Preamble as the Key to the Constitution

The Preamble to the Constitution declares India to be a Sovereign, Socialist, Secular, Democratic Republic, and outlines the objectives of Justice, Liberty, Equality, and Fraternity. It is often regarded as the key to understanding the spirit of the Constitution. 

  

Relevant Articles: 

– Article 1: Declares India as a Union of States. 

– Article 14 – 18: Ensure the right to equality. 

  

Case Law Reference: 

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the Preamble is an integral part of the Constitution, and its objectives cannot be amended in a manner that destroys the basic structure. 

  

3. Federal System with a Unitary Bias (Article 1, 245 – 263)

The Constitution establishes a federal system of government, where powers are divided between the central government and state governments. However, it also provides for a strong central government, particularly during emergencies, making it quasi-federal in nature. 

  

Relevant Articles: 

– Article 1: Describes India as a Union of States. 

– Article 245 – 263: Distribution of legislative powers between the Union and the States. 

  

Case Law Reference: 

In State of West Bengal v. Union of India (1963), the Supreme Court upheld the central government’s power to legislate on state matters in certain circumstances, affirming the unitary bias in the Indian federal structure. 

  

4. Parliamentary System of Government (Article 74, 75, 79 – 123)

The Indian Constitution adopts the British model of a parliamentary system of government, with a President as the nominal executive head and a Prime Minister as the real executive authority. The government is accountable to the Parliament. 

  

Relevant Articles: 

– Article 74: Council of Ministers to aid and advise the President. 

– Article 75: The Prime Minister is appointed by the President, and other ministers are appointed on the advice of the Prime Minister. 

– Article 79 – 123: Pertaining to the Parliament. 

  

Case Law Reference: 

In Shamsher Singh v. State of Punjab (1974), the Supreme Court held that the President of India is bound by the advice of the Council of Ministers, emphasizing the parliamentary nature of the Indian political system. 

  

5. Secular State (Article 25 – 28)

India is a secular state, meaning that it does not recognize any religion as the state religion. The Constitution guarantees all citizens the freedom to profess, practice, and propagate any religion. 

  

Relevant Articles: 

– Article 25 – 28: Ensure freedom of religion to all individuals. 

  

Case Law Reference: 

In S.R. Bommai v. Union of India (1994), the Supreme Court declared that secularism is a basic feature of the Constitution and that the state must treat all religions equally without favoring or discriminating against any. 

  

6. Independent Judiciary (Article 124 – 147)

The Indian judiciary is independent of the executive and the legislature, with the Supreme Court at its apex. The judiciary has the power to interpret the Constitution and safeguard the rights of individuals. 

  

Relevant Articles: 

– Article 124 – 147: Relate to the establishment and functioning of the Supreme Court. 

  

Case Law Reference: 

In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down the 39th Amendment, which sought to curtail judicial review in certain election disputes, thereby reinforcing the judiciary’s independence. 

  

7. Fundamental Rights (Article 12 – 35)

The Constitution guarantees six categories of Fundamental Rights to all citizens, which are enforceable by the courts. These rights include the right to equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies. 

  

Relevant Articles: 

– Article 14 – 18: Right to Equality. 

– Article 19 – 22: Right to Freedom. 

– Article 23 – 24: Right against Exploitation. 

– Article 25 – 28: Right to Freedom of Religion. 

– Article 29 – 30: Cultural and Educational Rights. 

– Article 32: Right to Constitutional Remedies. 

  

Case Law Reference: 

In Maneka Gandhi v. Union of India (1978), the Supreme Court expanded the interpretation of Article 21 (Right to Life and Personal Liberty), ensuring that these rights are protected by principles of natural justice. 

  

8. Directive Principles of State Policy (Article 36 – 51)

The Directive Principles, listed in Part IV of the Constitution, provide guidelines to the central and state governments for the creation of a just society. These principles are not justiciable but are fundamental in governance. 

  

Relevant Articles: 

– Article 36 – 51: Relate to the Directive Principles of State Policy. 

  

Case Law Reference: 

In Minerva Mills v. Union of India (1980), the Supreme Court highlighted the importance of balancing Fundamental Rights with Directive Principles, ensuring that both contribute to the nation’s governance. 

  

9. Universal Adult Franchise (Article 326)

The Constitution grants the right to vote to every citizen of India who is 18 years or older, regardless of caste, creed, religion, or gender. This ensures broad-based participation in the democratic process. 

  

Relevant Article: 

– Article 326: Relates to elections to the House of the People and to the Legislative Assemblies of States based on adult suffrage. 

  

Case Law Reference: 

In Kuldip Nayar v. Union of India (2006), the Supreme Court upheld restrictions on voting in certain legislative elections, balancing the principle of universal adult franchise with the need for integrity in representation. 

  

10. Single Citizenship (Article 5 – 11)

The Constitution of India provides for single citizenship, meaning every Indian is a citizen of India only, irrespective of the state in which they reside. This promotes national unity and a sense of belonging among all citizens. 

  

Relevant Articles: 

– Article 5 – 11: Relate to citizenship at the commencement of the Constitution. 

  

Case Law Reference: 

In Pradeep Jain v. Union of India (1984), the Supreme Court underscored the significance of single citizenship in fostering national integration, especially in matters of education and employment. 

  

11. Flexibility and Rigidity (Article 368)

The Indian Constitution is both flexible and rigid. Certain provisions can be amended by a simple majority, while others require a special majority, and in some cases, the ratification by at least half of the state legislatures. 

  

Relevant Article: 

– Article 368: Relates to the amendment of the Constitution. 

  

Case Law Reference: 

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court laid down the Basic Structure Doctrine, ruling that while the Constitution can be amended, its basic structure cannot be altered. 

  

12. Emergency Provisions (Article 352 – 360)

The Constitution provides for the declaration of emergencies (National, State, and Financial), which can drastically alter the federal structure and centralize power with the Union government. 

  

Relevant Articles: 

– Article 352: Proclamation of Emergency. 

– Article 356: President’s Rule. 

– Article 360: Financial Emergency. 

  

Case Law Reference: 

In A.D.M. Jabalpur v. Shivkant Shukla (1976), the Supreme Court controversially upheld the suspension of fundamental rights during an emergency, leading to significant criticism and eventual amendments to prevent misuse of emergency provisions. 

  

13. Reservation System (Article 15, 16, 335)

The Constitution provides for reservations in legislatures, public employment, and educational institutions for Scheduled Castes, Scheduled Tribes, and Other Backward Classes to promote social equality and justice. 

  

Relevant Articles: 

– Article 15(4): Enables the State to make special provisions for the advancement of any socially and educationally backward classes of citizens. 

– Article 16(4): Provides for reservation of appointments or posts in favor of any backward class of citizens. 

– Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts. 

  

Case Law Reference: 

In Indra Sawhney v. Union of India (1992), the Supreme Court upheld the reservation system while laying down a 50% ceiling on reservations, ensuring that the principle of equality