3 Salient Features of the
Indian Constitution
The term ‘Constitution’, refers to a set of principles outlining ● Integrated and Independent Judiciary: The Supreme
the organisation and functioning of the government, as well Court at the apex, ensures fundamental rights and
as the relationship between the government and the people constitutional guardianship. Single judicial system
regarding their rights and duties. The Constitution is also enforcing both central and state laws.
described as the ‘Fundamental law of the land’, ‘Supreme ● Fundamental Rights: Promotes political democracy
law of the state’, ‘Basic law of the country’, ‘Instrument through six rights:
of the government’, ‘Rules of the state’, ‘Basic structure Right to Equality (Articles 14-18)
of the polity,’ and ‘Ground norm of the country’.
Right to Freedom (Articles 19-22)
Right against Exploitation (Articles 23-24)
FEATURES OF THE INDIAN CONSTITUTION
Right to Freedom of Religion (Articles 25-28)
● Lengthiest Written Constitution: Initially, the Cultural and Educational Rights (Articles 29-30)
Constitution (1949) had a Preamble, 395 Articles Right to Constitutional Remedies (Article 32)
(22 Parts), and 8 Schedules. Currently consists of
● Directive Principles of State Policy: Found in Part
approximately 470 Articles and 12 Schedules.
IV (Article 36-51); aimed at establishing a social and
Size attributed to: Diversity and vastness of
economic democracy and welfare state.
India, Historical factors and legal expertise in the
Non-justiciable, non-enforceable by courts.
Constituent Assembly.
Classified into socialistic, Gandhian, and liberal-
● Sources of Provisions: Borrowed from various
intellectual.
international constitutions and the Government of India
Act, 1935. ● Fundamental Duties: Added by the 42nd Amendment;
specifies 11 duties in Article 51-A.
Structural part of the Constitution- Government of
Non-justiciable in nature.
India Act, 1935.
Philosophical part of the Constitution (FR
● Secular State: Term ‘Secular’ was added to the
and DPSPs) - American and Irish Constitution Preamble (42nd CAA, 1976). Promotes equal respect
respectively. for all religions, as opposed to Western secularism’s
complete separation.
Political part of the constitution - British
Articles promoting secularism: Preamble, Articles
Constitution.
14, 15, 16, 25-30, 44.
● Federal System with Unitary Bias: Term Federation
not used; Article 1 designates India as a Union of States. ● Universal Adult Franchise: Voting age lowered to 18
(61st CAA, 1989); basis for elections.
Federal Features: Two governments, Division of
Powers, written constitution, bicameralism, and ● Single Citizenship: Citizens enjoy uniform political and
constitution supremacy. civil rights throughout India, unlike the USA where state
citizenship exists.
Unitary Features: Strong central authority, single
citizenship, integrated judiciary, and emergency ● Independent Bodies: Essential democratic institutions:
provisions. Election Commission, Comptroller and Auditor
General, Union and State Public Service Commissions.
● Rigidity and Flexibility: Blends rigid (USA) and
flexible (UK) characteristics in amendment processes. ● Emergency Provisions: Ensure national sovereignty and
security through:
● Parliamentary Form of Government: Based on the
National Emergency (Article 352)
British Westminster model; executives are accountable
to Parliament. State Emergency (Articles 356 and 365)
● Synthesis of Parliamentary Sovereignty and Judicial Financial Emergency (Article 360)
Supremacy: Parliamentary sovereignty from the UK; During emergencies, the federal structure shifts to a
Judicial supremacy from the USA. unitary model.
