Model Answer

Unique Characteristics of the Indian Constitution

The Indian Constitution, while incorporating elements from various countries, stands out due to its distinctive features and the context in which it was crafted.

Length and Structure

One of the most notable aspects of the Indian Constitution is its length. Initially consisting of 395 articles and currently expanded to 470, it is the lengthiest written constitution in the world. In contrast, the U.S. Constitution has only seven articles, and the Australian Constitution contains 128 articles. This comprehensive nature reflects India’s diverse socio-political landscape (Source: Indian Constitution).

Constitutional Sovereignty

India’s Constitution embodies the principle of constitutional sovereignty, asserting that the Constitution itself, not Parliament, holds ultimate authority. Unlike the UK, where Parliament is sovereign, the Indian Parliament can amend the Constitution but cannot create a new one, especially without upholding its basic structure (Source: Constitution of India, Article 368).

Fundamental Rights

The Fundamental Rights enshrined in the Indian Constitution are not absolute; they come with restrictions aimed at balancing individual liberties with social interests. This contrasts with the U.S. Constitution, where rights are typically guaranteed without limitations (Source: Constitution of India, Articles 12-35).

Federalism with Unitary Bias

India’s federal system is influenced by Canada but has a unique unitary bias. While states have defined powers, the Centre can assume greater authority during emergencies, illustrating a balance of power that is distinct from other federal systems (Source: Constitution of India, Article 356).

Integrated Judiciary

The Indian judiciary is characterized by its integrated nature, where both central and state laws are enforced under a single judicial framework, headed by the Supreme Court. This differs from the U.S. system, which separates federal and state jurisdictions (Source: Constitution of India, Articles 124-147).

Directive Principles of State Policy

The Directive Principles of State Policy (DPSPs) in India encompass a broader scope than in many other countries, addressing economic, social, and administrative rights, thereby reflecting a commitment to socio-economic justice (Source: Constitution of India, Articles 36-51).

In conclusion, the Indian Constitution is not merely a compilation of borrowed elements; it is a unique document crafted with foresight to meet the needs of a diverse nation. Its distinctive features highlight the innovative spirit of its framers, tailored specifically for India’s socio-political context.