Other Salient Features of the Constitution

Integrated and Independent Judiciary

The judicial system prevalent under constitutional arrangement in India is integrated and independent. In the integrated system the Supreme Court of India stands at the apex of the judicial system in the country. Below it, there are High Courts at the state level and under a high court there is hierarchy of subordinate courts like district courts and other lower courts. The single integrated judicial system enforces both the central and state laws unlike the USA, where the federal judiciary looks after federal laws and state judiciary looks after their respective state laws.

Being the highest federal court and the highest court of appeal the Supreme Court is the custodian of constitution, the protector and guarantor of the fundamental rights of the citizens of India. This is why the Constitution has made elaborate arrangement to ensure independence of judiciary so that it will solve legal and constitutional conflicts between the Union and its units or among the units without favour and prejudice to any institution.

Provisions like fixed service conditions and fixed tenure of judges, cumbersome removal procedure like impeachment of judges; all the expenses of the Supreme Court judges are charged upon the Consolidated Fund of India, prohibition of discussion on the conduct of judges in the legislature, ban on practice after retirement, power to punish for its contempt vested in the Supreme Court and separation of judiciary from the executive etc. substantiate the independence of judiciary in India.

Judicial Review

One of the noteworthy features of the Constitution is the power of judicial review of the apex judiciary. It is based upon the conception of ‘limited government’ as found in America. It aims at checking Parliamentary supremacy and executive despotism and keeps the political settings on track for ever. Judicial review is novel mechanism through which the apex judiciary examines legislations on the scanner of constitutional supremacy. If any time any legislative or executive action violates certain basic features of the Constitution, such action is declared ultra vires or void by the Supreme Court. Unlike the UK, India does not have parliamentary supremacy and the Parliament is to functions within the broad, flexible but limited periphery set by the Constitution.

The tussle between the Union Legislature and Judiciary in India often revolve round the issue of supremacy. Judiciary plays the role of arbiter and interpreter of the Constitution and at many instances it has declared legislative acts invalid on ground of violation of basic structure of the Constituent, which got a formal recognition in 1973 in Keshavananda Bharati Case. However, Parliament enjoys substantial power to amend the Constitution under Article 368.

Indian Constitution, however, is a healthy compromise between Judicial Supremacy of the US Constitution and Parliamentary Sovereignty of UK. The supremacy of the Parliament in India is permissible to the extent it is possible within the bounds of a written constitution.

Provisions for Social Equality and Socialism

Apart from political and legal equality, the Constitution also ensures social equality to the citizens of India. No citizen can be discriminated on the ground of religion, race, caste, sex or place of birth in the matter of employment by the State. The Constitution also includes prohibition of ‘untouchability’ in any form and clearly states that no citizen can be deprived of access to public places, public amenities and privileges on the aforesaid grounds.

To achieve a socialistic order of society in the country, the 42^nd Amendment Act included specifically the term ‘socialist’ in the Constitution by amending the Preamble. Part IV contains various socialist objective and enjoins the same upon the State towards achieving

Universal Adult Franchise

The concept of popular sovereignty as found mention in the Preamble and the declaration that the Constitution is adopted, enacted and given by the people of India unto themselveswould have been hollow unless there had been a provision of universal adult franchise in vogue. Adult franchise is the only mechanism of popular sovereignty in modern democracy. The adoption of universal adult franchise under Article 326 with only eligibility of attaining 18 years of age is a unique feature of Indian Constitution. All citizens of India attaining 18 years of age are eligible to vote and take part in political affairs of the country without any discrimination.

It is astounding to note that in 2014 General Election more than 834 million voters were eligible to vote. Such a huge democratic election is an unforeseen phenomenon in the history of democracy and as such it is a grand characteristic of Indian Political system.

There is no communal representation as was seen in pre-independent India. Reservation of seats is only meant for Scheduled Castes and Scheduled Tribes to provide equal representation of the said castes in the legislatures.

System of Independent Bodies

Apart from three integral parts of the government like legislative, executive and judicial organs, the Constitution has also envisaged certain independent bodies which are inbuilt mechanism to act as the bulwarks of the democratic system of Government prevalent in India. Such bodies are:

• Election Commission (Article 324) of India to ensure free and fair elections to Parliament, the state legislatures, the office of the President and Vice President of India.
• Union Public Service Commission(Article 315) to conduct examinations of recruitment to all-India services (Indian Administrative Services, Indian Police Services, Indian Forest Services etc.) and higher central services and to advise the president on various disciplinary matters.
• State Public Services Commission(Article 315) in almost every state (there is provision of Joint public service commission for two or more states) to conduct recruitment examination to higher state services and advise the governor on disciplinary matters.
• The Comptroller and Auditor General of India under Article 148 ensure financial prudence and propriety and audit accounts of the Central and state governments. The CAG is the guardian of public purse in India.

Three-tier Government

The system of Government at Centre, government at state level and government at panchayat and municipality level is a unique constitutional phenomenon in India. The grassroot level of government at the Panchayat and Municipality level was not present in the original Constitution; it was included in the Constitution under 73rd and 74th Constitution Amendment Acts (1992) respectively to widen the base of popular sovereignty in India and realise decentralization of power. The Seventy-third Amendment Act conferred constitutional recognition to the Panchayats (rural local self-government) by adding Part IX and a new 11 Schedule to the Constitution and the Seventy-fourth Amendment Act gave constitutional recognition to municipalities (urban local self-government) by adding Part IXA and 12 Schedule to the Constitution.

Emergency Provisions

Unlike the US, in India the Constitution itself provides for inbuilt mechanism for the Union Government to assume greater powers whenever unified action is essential by reason of emergent internal and external circumstances. Emergency Provisions enshrined in the Constitution of India enable the Central Government to fight with external aggression, armed rebellions, riots of mass scale, constitutional breakdown and improprieties and also to balance economy in case there is financial crisis.  There are, hence, three types of emergencies envisaged by the Constitution.

• National Emergency under Article 352 due to war, external aggression and armed rebellion.
• State Emergency or President’s Rule due to breakdown of constitutional machinery in a state or states under Article 356.
• Financial Emergency on the ground of threat to financial stability and credit of India under Article 360.