A constitution is a fundamental document that outlines the principles, structures, and powers

of a government or organization. It serves as the supreme law, defining the relationship

between the governing body, citizens, and institutions.

Key Features of a Constitution:

1. Supreme Law: Overrides all other laws and regulations.

2. Framework for Governance: Establishes the government's structure, powers, and functions.
3. Protection of Rights: Safeguards individual rights, freedoms, and liberties.
4. Separation of Powers: Divides power among legislative, executive, and judicial branches.
5. Rule of Law: Ensures equality, justice, and due process.

Types of Constitutions:

1. Written Constitution: Codified in a single document (e.g., United States).2 year 11 months 17
days taken for drafting Indian constitution
2. Unwritten Constitution: Based on conventions, traditions, and laws (e.g., United Kingdom).
3. Hybrid Constitution: Combines written and unwritten elements.

Components of a Constitution:

1. Preamble: Introduces the constitution's purpose and principles.

2. Articles/Sections: Outline specific provisions and powers.
3. Bill of Rights: Protects individual rights and freedoms.
4. Amendments: Procedures for modifying the constitution.

Functions of a Constitution:

1. Establishes National Identity

2. Defines Government Structure
3. Protects Individual Rights
4. Promotes Stability and Order
5. Provides Framework for Law-Making
In summary, a constitution is the foundation of a government, outlining its powers, structures,
and relationship with citizens.

I. SALIENT FEATURES OF THE INDIAN CONSTITUTION

Following are the salient features of Indian Constitution:
1. Supreme Law of Land: This Constitution has been framed by the representatives of the
people of India through a Constituent Assembly, working on behalf of the people of
India.
2. Various sources: It is a unique document, the provisions of which have been derived from
various sources.

3. Sovereignty of people: The Constitution declares the people of India to be the sovereign
(supreme authority). It implies that people of India are not subordinate to any other external
agency.

4. Republican Government: The Constitution provides for the republican form of Government
for India. The word 'Republic' means that there exists no hereditary head in India and the head
of the State is directly or indirectly elected by the people of India.

5. Secular polity: The Constitution provides for secular polity for India. The substances of
secularism can be deduced from various provisions of the Constitution. It has been used in the
sense of absence of discrimination on the grounds of religion and equal respect for all religions.
(Sarva dharma Shambhav) (Articles 14, 15, 16,25-28).

6. Fundamental Rights and Duties: The Constitution provides for Fundamental Rights and
Fundamental Duties of the citizens of India. Inclusion of Fundamental Rights was always
demanded by the leaders of Indian National Movement in the Constitution. A provision for
Fundamental Duties (Part- IVA, Article 51A) was inserted in the Constitution through 42nd
Amendment Act 1976.

7. Directive Principles of State Policy: It is embedded in Part IV of the Constitution which

provides for Directive Principles of State Policy. Directive Principles are directions to the
executives and legislatures to lay down policy for the welfare of the people. It imposes moral
obligation on the State to secure social, political and economic justice to the people of India.

8. Judicial review: The Constitution provides for the judicial review of the action of the
executive (both Union and State) and the enactments of the legislatures (Union and States).
This keeps the legislative and executive branches of the Government under constitutional
limitations. (Articles 13,32 and 226)

9. Universal adult franchise: It provides for universal adult franchise. It means that all citizens
of and above 18 years of age (men and women) have the right to vote except insane, some
convicted criminals. etc. (Article 326).

10. Comprehensive document: It is the lengthiest Constitution. i.e., a comprehensive document

basically, having about approx 470 Articles, 25 Parts and 12 Schedules.
11. Parliamentary form of Government: It provides for a full-fledged democracy. In a
parliamentary democracy, elections are held at regular intervals to choose the representatives
of the people who control the Executives and the Council of Ministers, who are collectiyely
responsible to them.

12. Federal form of polity: It provides for federal form of Polity. There are critics who are
dissatisfied with it as it has strong centralizing tendencies. In fact, some critics call it a Unitary
Constitution with some federal features rather than a Federal Constitution with strong unitary
bias.
13. Emergency provisions: The Constitution provides the provision for National Emergency,
State Emergency and Financial Emergency under Article 352, Article 356 and Article 360
respectively

II. MEANING OF UNITARY AND FEDERAL CONSTITUTION

Nature of Indian Constitution
• The Constitution can be broadly of two kinds depending upon relationship between
Centre and States.
• Where the powers are divided between two kinds of Government i.e. Union and State,
then it is called (Federal Constitution (for e.g. USA). If the power of governance is
centralized in one Government (Central Government), then it is called Unitary type (for
e.g.UK). In Unitary system, powers are derived by the State Government from the
Central Government, whereas in federal system, powers are derived from both the
Central as well as the State Government.
• Federalism is one of the basic pillars of the Indian Constitution. It can be said quasi
federal in nature or hybrid federal State. (State of W.B. vs. Keshoram Industries Ltd, AIR
2005 SC 1646.)

Essential features of Federal Constitution

1. Division of Power: There should be division of power between the Central and the State
Government i.e. every Federal Constitution has dual Government. This dual
Government originates from the Constitution and is controlled by the Constitution. The
Constitution of India is federal in nature as it is clearly visible by the nature of division of
power, dual polity, parallel system of governance in Centre and States etc. But there are
provisions like Citizenship. integrated judicial system, the Emergency provisions. These
 predominant power with Union raises question over federal character of Indian
Constitution.
• In Indian Constitution, there is division of power between the Union and the States. 7th
schedule of the Constitution provides for 3 lists.
• Union list (originally 97 subjects) (Now 109): Only Union Government can make law
over it.
• State list (originally 66 subjects) (Now 61): Only State Government can make law over it.
• Concurrent list (originally 47 subjects) (Now 52): Both Union and State Government can
make law over it.

But in cases of conflict between the two if harmonization is not possible then, the law of
the Union will prevail.

2. Written Constitution: Just to ensure compliance of division of power there must be a

common agreement in writing. That is why in a federal Constitution written Constitution
is a must. The source of power of both the Federal and the State Government is written
Constitution. It is binding on both the Governments.

3. Rigidity of the Constitution: Even after written Constitution there must be some
mechanism to ensure that agreement is intact and for it the procedure of amending the
Constitution regarding the federal principle is rigid. It can't be changed unilaterally
either by the Central or State Government.

• Here rigidity of Constitution refers to power of amending those provisions which relates
to division of power not given to any one set of Government. It can't be done
unilaterally. It must be passed by dual majority and ratification of not less than half of
States (Presently 15).
• Dual majority: It means majority of total & majority of two - third (2/3) present &
voting.

4. Supremacy of the Constitution: The Constitution is supreme. This means all the
authorities of the Union and States such as legislature, executive and judiciary are
required to confirm to the command of the Constitution.

5. Impartial Judiciary: There should be an impartial judiciary to decide the dispute

between different Governments (i.e. Union and State, State and State) and to interpret
the provisions of Constitution in case of any dispute.
 6. Bicameralism: In federal country, there are two sets of system central and state so
there are two houses - one representing the people of entire nation and another
representing the states. India has a written Constitution, a rigid amendment process,
the Constitution is supreme, and the judiciary is impartial. It is thus clear that Indian
Constitution possesses all the essential characteristics of a federal polity and can be
described as federal Constitution.

Features of the Federal System of

India
1. Dual government polity
2. Division of powers between various levels
3. Rigidity of constitution
4. Independence judiciary
5. Bicameralism

Federalism in India
India is a federal system but with more tilt towards a unitary system of government. It is
sometimes considered a quasi-federal system as it has features of both a federal and a unitary
system. Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of
states’. The word federation is not mentioned in the constitution.

Federal Features of the Indian Union

Governments at two levels - center and states

Division of powers between the center and states - there are three lists given in the
Seventh Schedule of the Constitution which gives the subjects each level has
jurisdiction in:
* Union List
* State List
* Concurrent List
Supremacy of the constitution - the basic structure of the constitution is indestructible as laid
out by the judiciary.
The constitution is the supreme law in India.

Independent judiciary - the constitution provides for an independent and integrated judiciary.
The lower and district courts are at the bottom levels, the high courts are at the state levels and
at the topmost position is the Supreme Court of India. All courts are subordinate to the
Supreme Court.

The form of government in India

Parliamentary Democracy

Key Features:

1. Parliamentary System There shall be a Parliament for the Union which shall consist of the
President and two Houses to be known respectively as the Council of States and the House of
the People. (Article 79)
2. Federal Structure: Power divided between Union (central) and States.
3. Democratic: Free and fair elections, universal adult franchise. (Article 326)
4. Republic: Head of state (President) elected, not monarchic. (mentioned in preamble of Indian
Constitution)
5. Secular: No official state religion. (mentioned in preamble of Indian Constitution)

Components:

1. Legislative: Parliament (Lok Sabha and Rajya Sabha) (article 79 to 122).

2. Executive: President(article-52), Prime Minister, Council of Ministers(article-74)
3. Judiciary: Supreme Court, High Courts, Subordinate Courts

Branches of Government:

1. Legislative Branch: Law-making authority

2. Executive Branch: Implements laws, governs
3. Judicial Branch: Interprets laws, ensures justice
Government Structure:

1. Union Government (Central)

2. State Governments
3. Local Self-Government (Panchayats, Municipalities)

Institutions:

1. Election Commission: Conducts free and fair elections (Article-324-329)

2. Cabinet: Advisory body to President
3. Council of Ministers: Assists Prime Minister(article-74(1))
4. Attorney General: Chief legal advisor(article-76)

India's parliamentary democracy aims to provide a stable, accountable, and representative

government, ensuring the welfare and prosperity of its citizens.