Salient Features of the Indian Constitution

Overview

The Indian Constitution is unique in both its content and spirit, having been framed after “ransacking all the known Constitutions of the world”. While it has borrowed numerous provisions, it contains several distinct features that set it apart from other global constitutions.

Important Notes:

• The 42nd Amendment Act (1976) is often referred to as the ‘Mini-Constitution’ due to the extensive changes it introduced.
• The Supreme Court established in the Kesavananda Bharati case (1973) that the Parliament’s power to amend the Constitution does not extend to altering its ‘basic structure’.

1. Lengthiest Written Constitution

Comprehensive Nature

The Indian Constitution is the lengthiest of all written constitutions in the world.

Expansion Over Time

• Originally adopted in 1949 with:

  • Preamble
  • 395 Articles
  • 22 Parts
  • 8 Schedules

• Current status (approximately):

  • 470 Articles
  • 25 Parts
  • 12 Schedules

Contributing Factors

Four main factors led to its massive size:

1. Vastness and diversity of India
2. Historical influence of the bulky Government of India Act of 1935
3. Existence of a single Constitution for both the Centre and the states
4. Dominance of legal luminaries in the Constituent Assembly

2. Drawn from Various Sources

The Indian Constitution is often called a “bag of borrowings” because it has drawn provisions from multiple countries. Here’s a quick reference guide with memory keywords for easy recall:

Constitutional Borrowings - Country-wise Reference

Detailed Breakdown

Quick UPSC Memory Framework

3. Blend of Rigidity and Flexibility

The Constitution is neither purely rigid nor purely flexible but a synthesis of both.

Amendment Framework

4. Federal System with Unitary Bias

Federal Features

• Two governments (Centre and States)
• Division of powers
• Written constitution
• Supremacy and rigidity of the constitution
• Independent judiciary
• Bicameralism

Unitary Features

• Strong Centre with considerable powers
• Single Constitution for the entire nation
• Single citizenship (not dual)
• Integrated judiciary
• Appointment of state governors by the Centre
• All-India Services (IAS, IPS, IFS)
• Emergency provisions that convert the system to unitary

Description

Due to this mix, it is often described as:

• “Federal in form but unitary in spirit”
• “Quasi-federal” Constitution

5. Parliamentary Form of Government

India adopted the British ‘Westminster’ model, based on cooperation and coordination between the legislative and executive organs.

Key Features

• Nominal and Real Executives: President is the nominal head; Prime Minister is the real executive
• Majority Party Rule: Government formed by the party with majority support
• Collective Responsibility: Executive is collectively responsible to the legislature
• Prime Ministerial Leadership: Prime Minister leads the executive council
• Separation of Powers: Limited separation between executive and legislature

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

The framers blended two opposing principles:

Practical Application

• The Supreme Court can declare parliamentary laws unconstitutional via judicial review
• The Parliament can amend major portions of the Constitution via its constituent power (but not the basic structure)

7. Integrated and Independent Judiciary

Single System of Courts

A unified court system enforces both central and state laws:

        Supreme Court
              |
         High Courts
              |
        Subordinate Courts

Independence Measures

• Security of tenure for judges
• Fixed service conditions
• Expenses charged on the Consolidated Fund of India
• No legislative interference in judicial matters

8. Fundamental Rights (Part III)

Six Fundamental Rights

All citizens are guaranteed:

1. Right to Equality (Articles 14-18)
2. Right to Freedom (Articles 19-22)
3. Right against Exploitation (Articles 23-24)
4. Right to Freedom of Religion (Articles 25-28)
5. Cultural and Educational Rights (Articles 29-30)
6. Right to Constitutional Remedies (Article 32)

Key Characteristics

• Justiciable: Enforceable by courts
• Promote Political Democracy: Ensure individual liberties
• Restrict State Power: Limit executive and legislative authority
• Negative Rights: Primarily restrict state action

9. Directive Principles of State Policy (DPSP) - Part IV

A Novel Feature

Aimed at establishing a welfare state and promoting:

• Social democracy
• Economic democracy
• Social justice

Key Characteristics

• Non-justiciable: Not directly enforceable by courts
• Fundamental in Governance: Remain the foundation of policy-making
• Progressive Vision: Inspire long-term socio-economic development

Categories

• Relating to State Policy (promoting social welfare)
• Relating to Economic and Social Justice (equitable distribution of wealth)
• Relating to International Peace and Security (peaceful foreign policy)

10. Fundamental Duties (Part IV-A)

Introduction

Added by the 42nd Amendment Act (1976) on the recommendation of the Swaran Singh Committee.

Article 51-A

Specifies eleven duties (11th added in 2002) that citizens must perform:

1. Respect the Constitution and its ideals
2. Cherish and follow the ideals of the freedom struggle
3. Uphold the sovereignty, unity, and integrity of India
4. Defend the nation and render national service when called
5. Promote harmony and brotherhood among all citizens
6. Preserve the rich cultural heritage of the nation
7. Protect and improve the natural environment
8. Develop scientific temperament and humanism
9. Safeguard public property
10. Abjure violence and settle disputes peacefully
11. Value composite culture (added in 2002)

Significance

• Serve as reminders of citizens’ obligations to the nation
• Promote moral and social consciousness
• Bridge the gap between rights and responsibilities

11. A Secular State

Definition

The Constitution does not uphold any particular religion as official.

Key Event

The word ‘secular’ was added to the Preamble in 1976 by the 42nd Amendment Act.

Model of Secularism

• Positive Concept of Secularism: Equal respect and protection to all religions
• Not Atheistic: Does not oppose religion; rather ensures neutrality
• State Neutrality: Government remains neutral in religious matters

Constitutional Provisions

• Articles 25-28: Guarantee freedom of religion
• No discrimination on grounds of religion

12. Universal Adult Franchise

Basis for Elections

The basis for elections to:

• Lok Sabha (House of the People)
• State Legislative Assemblies

is universal adult franchise — every citizen has the right to vote.

Voting Age

13. Single Citizenship

Unique Feature

Despite being a federal state, India provides for only single citizenship.

Implications

• Citizens are citizens of India, not of individual states
• No separate state citizenship
• Promotes fraternity and national integration

14. Independent Bodies

The Constitution establishes bodies that serve as “bulwarks of the democratic system”:

15. Emergency Provisions (Part XVIII)

The Constitution envisages three types of emergencies:

1. National Emergency (Article 352)

• Declared on grounds of war, external aggression, or armed rebellion
• Allows transformation from federal to quasi-unitary structure
• Parliament can make laws on state subjects

2. President’s Rule (Articles 356 & 365)

• Imposed when a state government fails to function
• Central government assumes state functions
• Can be declared on recommendations of the Governor

3. Financial Emergency (Article 360)

• Declared when financial stability is threatened
• Central government can assume control of finances
• Rarely invoked (never formally in India)

Effect

These provisions allow the system to transform from federal to unitary without formal amendment during extraordinary situations.

16. Three-tier Government

Original Structure

The Constitution originally provided for a dual polity:

• Union (Centre)
• States

Addition of Local Tier

The 73rd and 74th Amendment Acts (1992) added:

• Panchayats (rural local bodies)
• Municipalities (urban local bodies)

Current Structure

Now a three-tier government:

1. Central Government
2. State Government
3. Local Government (Panchayats and Municipalities)

17. Co-operative Societies

Constitutional Status

The 97th Amendment Act (2011) gave constitutional status to co-operative societies.

Right to Form

The right to form co-operative societies is now a Fundamental Right under Article 19.

Significance

• Promotes economic cooperation and collective action
• Encourages community participation in economic development

Criticism of the Constitution

While the Constitution is widely praised, critics have raised several objections:

Common Criticisms

Counter-Arguments

• Despite borrowings, the Constitution is uniquely adapted to Indian conditions
• Length provides clarity and detail for a diverse nation
• Borrowing from established systems ensures tried and tested mechanisms
• The Constitution has proven its resilience and adaptability

Key Takeaways