The Features and Criticisms of the Indian Constitution
The Indian Constitution, adopted in 1950, serves as the supreme law of India and reflects the aspirations of the nation. It has several key features that underscore its uniqueness and comprehensiveness. Among these are the independence of constitutional bodies, emergency provisions, the establishment of a three-tier government structure, and the recognition of cooperative societies. However, the Constitution has also faced criticism for being overly borrowed from other documents and lacking originality.
Independence of Constitutional Bodies
The Constitution of India ensures the independence of various constitutional bodies through multiple provisions, such as security of tenure and fixed service conditions. The expenses of these bodies are charged to the Consolidated Fund of India, further reinforcing their autonomy. This independence is crucial for maintaining the integrity of institutions like the Election Commission, the Union Public Service Commission, and the Comptroller and Auditor General, ensuring they function without political interference.
Emergency Provisions
One of the most significant aspects of the Indian Constitution is its elaborate emergency provisions. These provisions empower the President to take decisive actions during extraordinary situations that threaten the sovereignty, unity, integrity, and security of the nation. The Constitution envisions three types of emergencies:
- National Emergency under Article 352, invoked during war, external aggression, or armed rebellion.
- State Emergency (President’s Rule) under Article 356, enacted when there is a failure of constitutional machinery in the states or a failure to comply with central directions under Article 365.
- Financial Emergency under Article 360, triggered by threats to India’s financial stability or credit.
During an emergency, the central government assumes significant powers, transforming the federal structure into a unitary one without formally amending the Constitution. This characteristic reflects the unique adaptability of the Indian political system.
Three-Tier Government Structure
The Constitution originally established a dual polity, comprising the Centre and the states. However, the 73rd and 74th Constitutional Amendment Acts of 1992 introduced a third tier of government—local self-governments. The 73rd Amendment recognized panchayats (rural local governments), while the 74th Amendment recognized municipalities (urban local governments), thereby ensuring democratic governance at the grassroots level.
Co-operative Societies
The 97th Constitutional Amendment Act of 2011 granted constitutional status and protection to cooperative societies. This amendment made the right to form cooperative societies a fundamental right under Article 19, introduced a new Directive Principle of State Policy promoting cooperatives under Article 43-B, and added a new Part IX-B titled “The Co-operative Societies.” These provisions ensure that cooperatives function democratically and autonomously, reflecting India’s commitment to collective welfare.
Criticisms of the Constitution
Despite its comprehensive framework, the Indian Constitution has been subjected to various criticisms:
- A Borrowed Constitution: Critics argue that the Indian Constitution lacks originality and is merely a collection of borrowed elements from other countries. Described as a “bag of borrowings” or a “patchwork,” this view suggests that it fails to offer anything new. Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, countered this criticism, asserting that given the historical context, most constitutions would appear similar due to the universal principles they embody.
- A Carbon Copy of the 1935 Act: Another criticism posits that the Indian Constitution largely replicates the Government of India Act of 1935. Critics like N. Srinivasan and Sir Ivor Jennings highlighted the similarities in language and substance. Ambedkar acknowledged the borrowings but emphasized the need for such provisions in light of India’s administrative requirements.
- Un-Indian or Anti-Indian: Some detractors contend that the Constitution does not reflect India’s political traditions and ethos, branding it as ‘un-Indian’ or ‘anti-Indian.’ Critics like K. Hanumanthaiya argued that the Constitution embodies foreign influences, making it unsuitable for Indian society.
- An Un-Gandhian Constitution: Critics assert that the Constitution neglects Mahatma Gandhi’s ideals, which emphasize rural governance through village panchayats. K. Hanumanthaiya expressed disappointment that the Constitution deviated from Gandhian philosophy.
- Elephantine Size: The Indian Constitution is often criticized for being overly lengthy and detailed. Sir Ivor Jennings remarked on its complexity, suggesting that it could have been more concise. H.V. Kamath likened it to an elephant, emphasizing the burden of its extensive provisions.
- Paradise of the Lawyers: The legalistic nature of the Constitution has led to claims that it creates a “lawyer’s paradise,” opening avenues for litigation rather than promoting socio-political engagement. Members of the Constituent Assembly like H.K. Maheswari pointed out that its complex legal language could deter citizens from pursuing peaceful resolutions.
Conclusion
The Indian Constitution stands as a remarkable document that embodies the country’s values, aspirations, and complexities. While it has been critiqued for its borrowed features and intricate language, its provisions for independence, emergency governance, and local self-government demonstrate its commitment to democracy and adaptability. As India continues to evolve, the Constitution remains a dynamic framework that seeks to address the challenges of contemporary society while upholding the principles of justice, liberty, and equality for all its citizens.
Articles which was mentioned in this topic
| Article | Description |
|---|---|
| Article 19 | Grants the right to form cooperative societies as a fundamental right. |
| Article 43-B | Introduces a new Directive Principle of State Policy promoting the formation and strengthening of cooperative societies. |
| Article 352 | Provides for the declaration of a national emergency on grounds of war, external aggression, or armed rebellion. |
| Article 356 | Allows the imposition of President’s Rule in states due to the failure of constitutional machinery. |
| Article 360 | Enables the proclamation of a financial emergency when there is a threat to the financial stability or credit of India. |
| Article 365 | Authorizes the President to direct states in the exercise of their functions when they fail to comply with central directions. |
| Part IX | Contains provisions for the establishment of Panchayati Raj institutions (rural local governments). |
| Part IX-A | Provides constitutional recognition for municipalities (urban local governments). |
| Part IX-B | Introduced by the 97th Amendment, contains provisions related to the governance of cooperative societies. |
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