SALIENT FEATURES OF INDIAN
CONSTITUTION
DONE BY: S.SHARADH SURESHBABU.
SUBMITTED TO: MR. GOPALAN K.R.
LENGTHEIST WRITTEN CONSTITUTION
There are two types of constitutions: written (like the American Constitution) and unwritten (like the
British Constitution).
The Indian Constitution holds the title of being the world’s longest and most comprehensive
constitution to date.
The country’s vastness, its large size and varied landscapes make it expansive.
Historically, the complicated Government of India Act, 1935, also had an impact.
Moreover, there is one Constitution that covers both the central and state governments, adding to its
complexity.
Legal experts in the Constituent Assembly played an important role in creating this structure, and the
detailed rules help manage the country effectively.
DRAWN FROM VARIOUS SOURCES
Most of the Indian Constitution’s provisions were borrowed from other countries’ constitutions and the
Government of India Act of 1935, which contributed around 250 provisions.
Dr. B. R. Ambedkar proudly stated that they examined many constitutions from around the world to
create India’s Constitution.
The Government of India Act provided a solid foundation for much of the Constitution’s structure.
The philosophical parts, like Fundamental Rights and Directive Principles, were inspired by the Irish
and American Constitutions.
The British Constitution influenced the political aspects, including the idea of a Cabinet system and
the relationship between the executive and legislative branches.
SOURCE AND THE COUNTRIES FROM WHICH
IT IS BARROWED
BLEND OF RIGIDITY AND FLEXIBILITY
There are two types of constitutions:
stiff
and flexible.
A rigid constitution, like the American Constitution, can only be changed by following a specific
process.
In contrast, a flexible constitution, like the British Constitution, can be updated just like regular laws.
The Indian Constitution is a good example of how both rigidity and flexibility can exist together. The
way a constitution can be amended shows whether it is rigid or flexible.
FEDERAL SYSTEM WITH UNITARY BIAS
The Indian Constitution establishes a federal system of governance.
It includes all key features of a federation, such as two levels of government, a division of powers, a
written constitution, the Constitution’s supremacy, a strong judiciary, and a bicameral legislature.
K.C. Wheare described the Indian Constitution as “federal in form but unitary in spirit” and “quasi-
federal.
PARLIAMENTARY FORM OF GOVERNMENT
The Constitution of India has chosen the British Parliamentary System of Government instead of the
American Presidential System.
This parliamentary system is set up at both the central and state levels.
Important features of India’s parliamentary government include having both a nominal and a real
executive, rule by the majority party, collective responsibility of the executive to the legislature,
ministers being members of the legislature, leadership by the Prime Minister or Chief Minister, and the
ability to dissolve the lower house (Lok Sabha or Assembly).
While the Indian parliamentary system is mainly based on the British model, there are some important
differences.
FUNDAMENTAL RIGHTS
Six Fundamental Rights are guaranteed to all citizens of India under Part III of the constitution.
One of the key components of the Indian Constitution is the guarantee of fundamental rights.
The fundamental tenet of the Constitution is that everyone has a right to certain freedoms as a fellow
human being and that the exercise of those freedoms is independent of the majority or minority
opinion. Such rights cannot be revoked by a majority.
The purpose of the fundamental rights is to further the notion of democratic democracy.
DIRECTIVE PRINCIPLES OF STATE POLICY
The Directive Principles of State Policy is a “new aspect,” in Dr. B. R. Ambedkar’s words, of the
Indian Constitution.
They are listed in the Constitution’s Part IV. For the sake of ensuring social and economic justice for
our citizens, the Directive Principles were incorporated into our Constitution.
According to Directive Principles, money will not be concentrated in the hands of a small number of
people under India’s welfare state.
They are inherently not justiciable.
The Indian Constitution is established on the foundations of the balance between the Fundamental
Rights and the Directive Principles, the Supreme Court ruled in the Minerva Mills case (1980).
FUNDAMENTAL DUTIES
The fundamental obligations of citizens were not outlined in the original constitution.
The Swaran Singh Committee’s suggestion led to the 42nd Amendment Act of 1976, which introduced
Fundamental Duties to our Constitution.
It outlines a list of ten Fundamental Duties that all Indian people must uphold.
One more essential obligation was later added by the 86th Constitutional Amendment Act of 2002.
While the duties are expectations placed on every citizen, the rights are offered to the people as
guarantees.
INDIAN SECULARISM
India’s Constitution upholds a secular government.
As a result, it does not support a specific religion as the state’s official religion in India.
The idea seeks to create a secular state.
This does not imply that the Indian government is hostile to religion.
The Indian constitution exemplifies secularism, which is the practice of treating all religions equally or
providing equal protection for all of them.
UNIVERSAL ADULT FRANCHISE
The Indian Constitution allows universal adult voting for elections to the Lok Sabha and state
assemblies.
Every citizen aged 18 and older has the right to vote, regardless of caste, race, religion, gender,
literacy, or wealth.
In 1989, the voting age was lowered from 21 to 18 years through the 61st Constitutional Amendment
Act.
EMERGENCY PROVISIONS
Like in any other country, Emergency Provisions in India refer to the special measures outlined in the
Indian Constitution that grant the Union Government extraordinary powers to address critical or
abnormal situations effectively.
The Emergency Provisions are incorporated to protect the Constitution, and the democratic political
system, and to safeguard the sovereignty, unity, integrity, and security of the country.
During an Emergency, the Central government becomes all-powerful and the States go into total
control of the Centre.
It converts the federal structure into a unitary one without a formal amendment of the Constitution.
This kind of transformation of the political system from federal during normal times to unitary during
Emergency is a unique feature of the Indian Constitution.
Articles 352 to 360 in Part XVIII of the Indian Constitution deal with the Emergency Provisions. The
articles and their subject matters are listed in the table below.
THREE-TIER GOVERNMENT
The Indian Constitution initially set up a two-level government, outlining the powers of the central and
state governments.
Later, the 73rd and 74th Constitutional Amendment Acts of 1992 introduced a third level of
government, known as local government, which is not found in most other countries’ constitutions.
By adding a new Part IX and a new Schedule 11 to the Constitution, the 73rd Amendment Act of 1992
gave the panchayats (rural local governments) formal status.
Similar to this, the 74th Amendment Act of 1992 provided urban local governments (municipalities)
official recognition by introducing a new Part IX-A and Schedule 12 to the Constitution.
CO-OPERATIVE SOCEITIES
The 97th Constitutional Amendment Act of 2011 gave cooperative societies constitutional status and
protection.
It allows Parliament to make laws for multi-state cooperative societies, while state legislatures can
make laws for other cooperative societies.
THANK YOU AND HAVE A NICE DAY
