Approach

1. Introduction: The Indian Constitution is unique with features like its length, borrowed elements, and a blend of rigidity and flexibility.
2. Main Body: Key features include a federal system with a unitary bias, parliamentary government, integrated judiciary, fundamental rights, and emergency provisions. Compared to the US, India has a stronger central government, a parliamentary system, and integrated judiciary, while the US has a stricter separation of powers and dual judiciary.
3. Conclusion: Both systems ensure federalism but differ in centralization and power distribution, reflecting their distinct historical and cultural contexts.

Ans. The Indian Constitution is unique in its contents and spirit. Though borrowed from almost every Constitution of the world, the Constitution of India has several salient features that distinguish it from the Constitutions of other countries.

1. Lengthiest Written Constitution

1. The Constitution of India is the lengthiest of all the written Constitutions in the world. It originally contained a Preamble, 395 Articles (divided into 22 Parts), and 8 Schedules. Presently, it consists of a Preamble, about 470 Articles (divided into 25 Parts), and 12 Schedules.
2. Factors contributing to its length include the vastness and diversity of the country, the influence of the Government of India Act of 1935, a single Constitution for both the Centre and the states, and the dominance of legal luminaries in the Constituent Assembly.

2. Drawn from Various Sources

1. The Indian Constitution has borrowed most of its provisions from the Constitutions of various other countries and the Government of India Act of 1935.
2. The structural part is largely derived from the Government of India Act of 1935, the philosophical part (Fundamental Rights and Directive Principles of State Policy) from the American and Irish Constitutions, and the political part (Cabinet Government and Executive-Legislature relations) from the British Constitution.

3. Blend of Rigidity and Flexibility

1. The Constitution of India is neither rigid nor flexible but a mixture of both. Article 368 provides for two types of amendments: some provisions can be amended by a special majority of the Parliament, while others require both a special majority and ratification by half of the states.
2. Some provisions can also be amended by a simple majority of the Parliament in the manner of ordinary legislative processes.

4. Federal System with Unitary Bias

1. The Constitution establishes a federal system of Government with features like two governments, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary, and bicameralism.
2. However, it also contains unitary features like a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governors by the Centre, all-India services, and emergency provisions.
3. The term ‘Federation’ is not used in the Constitution; instead, Article 1 describes India as a ‘Union of States’.

5. Parliamentary Form of Government

1. The Constitution of India has opted for the British Parliamentary System of Government rather than the American Presidential System.
2. Features include the presence of nominal and real executives, majority party rule, collective responsibility of the executive to the legislature, membership of ministers in the legislature, leadership of the Prime Minister or Chief Minister, and dissolution of the lower House (Lok Sabha or Assembly).

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

1. The Indian Constitution synthesizes the British principle of parliamentary sovereignty and the American principle of judicial supremacy.
2. The Supreme Court can declare parliamentary laws unconstitutional through judicial review, while the Parliament can amend most parts of the Constitution.

7. Integrated and Independent Judiciary

1. The Constitution establishes an integrated judicial system with the Supreme Court at the top and state high courts below it.
2. This single system of courts enforces both central and state laws, unlike in the USA, where federal laws are enforced by the federal judiciary and state laws by the state judiciary.

8. Fundamental Rights

1. Part III of the Constitution guarantees six fundamental rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
2. These rights are justiciable and enforceable by the courts.

9. Directive Principles of State Policy

1. Enumerated in Part IV, these principles aim to promote social and economic democracy and establish a welfare state in India.
2. They are non-justiciable but impose a moral obligation on the state authorities.

10. Secular State

1. The Constitution stands for a secular state, meaning it does not uphold any particular religion as the official religion.
2. Provisions include the addition of the term ‘secular’ to the Preamble, equality before the law, non-discrimination on the ground of religion, and freedom of conscience and religion.

11. Single Citizenship

1. Despite being a federal Constitution, it provides for single citizenship, meaning all citizens enjoy the same rights irrespective of the state they belong to.

12. Independent Bodies

1. The Constitution establishes independent bodies like the Election Commission, Comptroller and Auditor-General of India, Union Public Service Commission, and State Public Service Commissions to ensure the democratic system’s integrity.

13. Emergency Provisions

1. The Constitution contains elaborate emergency provisions to safeguard the country’s sovereignty, unity, integrity, security, democratic political system, and the Constitution.
2. It envisages three types of emergencies: National emergency, State emergency (President’s Rule), and Financial emergency.

14. Three-Tier Government

Originally, the Constitution provided for a dual polity. The 73rd and 74th Constitutional Amendment Acts (1992) added a third tier of Government (local), giving constitutional recognition to panchayats and municipalities.

Comparison of Indian and US Model of Federation

In conclusion, while both India and the US have federal systems, the Indian model incorporates a unitary bias with provisions for a strong Centre, especially during emergencies. In contrast, the US model maintains a stricter separation of powers and a more consistent federal structure.