Salient features of the Constitution of India (Notes)

1) What is a Constitution?

A Constitution is the supreme law of a country that lays down the framework within which a government functions. It defines the structure, powers, and responsibilities of different organs of the government (legislature, executive, and judiciary), and outlines the rights and duties of citizens. In a democracy like India, the Constitution is not just a legal document but a reflection of the nation's values, aspirations, and vision. It serves as the cornerstone for governance, protects individual freedoms, and maintains the rule of law.

 

2) Salient features of the Constitution of India

1. Lengthiest Written Constitution

The Constitution of India is the most detailed and comprehensive written constitution in the world. It had 395 Articles, 22 Parts, and 8 Schedules. Today, it consists of over 470 Articles divided into 25 Parts and 12 Schedules, with more than 100 Amendments. This elaborate structure was necessary due to India's vast diversity in terms of language, culture, geography, and socio-political conditions. It also incorporates provisions from many foreign constitutions and from colonial-era laws like the Government of India Act, 1935.

2. Blend of Rigidity and Flexibility

One of the striking features of the Indian Constitution is its balanced approach to constitutional amendments. Unlike rigid constitutions (like that of the United States) or completely flexible ones (like the British), the Indian Constitution allows for amendments through a structured process. Some provisions can be amended by a simple majority of Parliament, others require a special majority, and some need ratification by at least half of the state legislatures. This ensures both stability and adaptability, enabling the Constitution to evolve with changing needs.

3. Drawn from Various Sources

The Indian Constitution is a blend of ideas borrowed from many countries and the Government of India Act, 1935, which provided the base for nearly 250 provisions. Dr. B. R. Ambedkar proudly mentioned that they studied many constitutions to create the best possible framework for India.

Source	Borrowed Features
Government of India Act, 1935	Federal system, Governor's office, Judiciary setup, Public Service Commissions, Emergency provisions, Administrative structure
British Constitution	Parliamentary system, Rule of law, Legislative procedures, Single citizenship, Cabinet system, Writs, Parliamentary privileges, Bicameral legislature
US Constitution	Fundamental Rights, Independent judiciary, Judicial review, Impeachment of President, Removal of judges, Vice-President post
Irish Constitution	Directive Principles of State Policy, Nominated Rajya Sabha members, President's election method
Canadian Constitution	Strong Centre with federal structure, Centre holds residuary powers, Governors appointed by Centre, Supreme Court's advisory role
Australian Constitution	Concurrent List, Freedom of trade across states, Joint sitting of Parliament
Weimar (German) Constitution	Suspension of Fundamental Rights during emergencies
Soviet (USSR) Constitution	Fundamental Duties, Justice (social, economic, political) in Preamble
French Constitution	Republican ideals: Liberty, Equality, Fraternity (in Preamble)
South African Constitution	Procedure to amend the Constitution, Rajya Sabha election method
Japanese Constitution	"Procedure established by law" for legal fairness

 

4. Federal System with Unitary Bias

India follows a federal system of governance where powers are divided between the Centre and the States through three lists in the Seventh Schedule: the Union List, the State List, and the Concurrent List. However, unlike classical federalism (like in the USA), the Indian model is tilted in favour of the Centre. During emergencies or conflicts between Centre and State laws on concurrent matters, the Union Government holds supremacy. Also, the power to create new states or alter their boundaries rests solely with the Parliament (Article 3), further highlighting the unitary tilt.

5. Parliamentary Form of Government

India has adopted the British-style parliamentary system at both the Union and State levels. In this system, there is a fusion of powers between the executive and legislature. The President of India is the constitutional head (nominal executive), while the Prime Minister and the Council of Ministers are the real executive authorities. They are collectively responsible to the Lok Sabha (Lower House). This system ensures accountability and coordination in governance, and facilitates quicker decision-making and implementation of policies.

6. Fundamental Rights

The Constitution guarantees six broad categories of Fundamental Rights to all citizens under Part III (Articles 12–35). These include:

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)

These rights are justiciable, meaning individuals can approach courts to enforce them. Dr. B.R. Ambedkar described Article 32 as the “heart and soul of the Constitution.”

7. Directive Principles of State Policy (DPSPs)

Enshrined in Part IV (Articles 36–51), the DPSPs are guidelines to the government for ensuring social and economic democracy. Though not enforceable by any court, they are fundamental in the governance of the country. They aim to promote welfare measures like equal pay for equal work, right to education, rural development, and protection of the environment. Inspired by the Irish Constitution, DPSPs reflect the goals of a welfare state and bridge the gap between legal rights and social justice.

8. Fundamental Duties

Added by the 42nd Constitutional Amendment Act, 1976, under Part IVA (Article 51A), Fundamental Duties serve as moral obligations for citizens. Initially 10, an 11th duty was added by the 86th Amendment in 2002, making education a duty of parents and guardians. These duties include respecting the Constitution, national flag, and anthem, protecting the environment, and upholding the spirit of common brotherhood. While not legally enforceable, they promote responsible citizenship and patriotism.

9. Secular State

The Indian Constitution declares India a Secular State, meaning the state has no official religion and treats all religions equally. The term “Secular” was explicitly added in the Preamble by the 42nd Amendment Act. Articles 25 to 28 guarantee freedom of religion and prohibit any discrimination based on religion. This ensures that India remains a multi-religious, pluralistic society where citizens are free to profess, practice, and propagate any religion.

10. Independent Judiciary

The Constitution establishes an independent and impartial judiciary to act as the guardian of the Constitution. The Supreme Court (under Article 124) sits at the apex, followed by High Courts and Subordinate Courts. The judiciary is independent of the executive and legislature in terms of appointment, tenure, and salary of judges. It also has the power of judicial review to declare laws unconstitutional if they violate the Constitution. This strengthens the rule of law and protects individual rights.

11. Single Citizenship

India follows the concept of single citizenship, meaning all Indians are citizens of India only, regardless of the state or region they belong to. This promotes national unity and integration. It differs from federal countries like the United States where dual citizenship (of both state and union) is recognized.

12. Universal Adult Franchise

The Constitution grants the right to vote to every citizen who is 18 years of age or above, without discrimination on grounds of caste, gender, religion, or wealth. This is provided under Article 326. Universal adult suffrage ensures political equality and a vibrant democratic system by giving every adult Indian a voice in choosing their representatives.

13. Emergency Provisions

The Constitution provides for three types of emergencies under Part XVIII (Articles 352–360):

(1)    National Emergency (Article 352) due to war, external aggression, or armed rebellion.

(2)    State Emergency (Article 356) due to the failure of constitutional machinery in a state.

(3)    Financial Emergency (Article 360) due to financial instability.

During emergencies, the Centre gains overriding powers, and fundamental rights can be restricted. These provisions help maintain the sovereignty and integrity of the country in times of crisis.

14. Preamble as the Soul of the Constitution

The Preamble of the Indian Constitution embodies the philosophy and core values of the document. It declares India as a Sovereign, Socialist, Secular, Democratic Republic and commits to securing Justice, Liberty, Equality, and Fraternity for all its citizens. Though not enforceable in court, it serves as a guiding light for interpreting other provisions.