Unit 1 (Topic 1)

What are the Salient Features of the Indian Constitution?

 Lengthiest Written Constitution:

o The Constitution of India is the lengthiest of all the written Constitutions of the
world. It is a very comprehensive, elaborate, and detailed document.

o Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into
22 Parts) and 8 Schedules.

 Presently (2019), it consists of a Preamble, about 470 Articles (divided into 25 Parts)
and 12 Schedules.

o Reasons for Vastness:

 Geographical factors, that is, the vastness of the country and its diversity.

 Historical factors, e.g., the influence of the Government of India Act, 1935, which
was bulky.

 Single Constitution for both the Centre and the states.

 The dominance of legal luminaries in the Constituent Assembly.

 Detailed administrative provisions.

 Drawn From Various Sources:

Source Features Borrowed

Government of India Federal Scheme, Office of Governor, Judiciary, Public Servic

Act, 1935 Commissions, Emergency Provisions, Administrative Details

Parliamentary Government, Rule of Law, Legislative Procedure, Sing

British Constitution Citizenship, Cabinet System, Prerogative Writs, Parliamenta
Privileges, Bicameralism
 Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachme
US Constitution of President, Removal of Supreme Court and High Court Judges, Post of Vic
President

Directive Principles of State Policy, Nomination of Members to Rajya Sabh

Irish Constitution
Method of Election of President

Federation with a Strong Centre, Vesting of Residuary Powers in the Centr

Canadian Constitution
Appointment of State Governors by the Centre, Advisory Jurisdiction of Supreme Cou

Concurrent List, Freedom of Trade, Commerce, and Inter-course, Joint Sitting of Tw

Australian Constitution
Houses of Parliament

Weimar Constitution of
Suspension of Fundamental Rights During Emergency
Germany

Soviet Constitution
Fundamental Duties, Ideal of Justice (Social, Economic, and Political) in Preamble
(USSR, now Russia)

French Constitution Republic and Ideals of Liberty, Equality, and Fraternity in Preamble

South African
Procedure for Amendment of Constitution, Election of Members of Rajya Sabha
Constitution

Japanese Constitution Procedure Established by Law

 A Blend of Rigidity and Flexibility:

o The Constitution of India is neither rigid nor flexible, but a synthesis of both.

o Article 368 provides for two types of amendments:

 Some provisions can be amended by a special majority of the Parliament, i.e., a

two-thirds majority of the members of each House present and voting, and a majority
of the total membership of each House.

 Some other provisions can be amended by a special majority of the Parliament and
with the ratification by half of the total states.
o Some provisions of the Constitution can be amended by a simple majority of the
Parliament in the manner of ordinary legislative process.

 These amendments do not come under Article 368.

 Federal System with Unitary Bias:

o The Constitution of India establishes a federal system of Government.

o It contains all the usual features of a federation, viz., two Governments, division of
powers, written Constitution, the supremacy of Constitution, rigidity of
Constitution, independent judiciary and bicameralism.

o However, the Indian Constitution also contains a large number of unitary or non-
federal features, viz., a strong centre, single constitution, single citizenship, flexibility
of constitution, integrated judiciary, appointment of state governor by the centre, all-
India services, emergency provisions and so on.

o The term ‘Federation’ has nowhere been used in the constitution.

o Article 1, on the other hand, describes India as a ‘Union of States’ which implies
two things:

 Indian Federation is not the result of an agreement by the states.

 No state has the right to secede from the federation.

o The Indian Constitution has been variously described as ‘federal in form but, unitary
in spirit’, ‘quasi-federal’ by K.C. Wheare, ‘bargaining federalism’ by Morris
Jones, ‘co-operative federalism’ by Granville Austin, ‘federation with a centralizing
tendency’ by Ivor Jennings.

 Parliamentary Form of Government:

o The Constitution of India has opted for the British Parliamentary System of
Government rather than the American Presidential System of Government.

o The Constitution establishes the parliamentary system not only at the Centre, but
also in the states.
o The features of parliamentary government in India are:

 Presence of nominal and real executives

 Majority party rule

 Collective responsibility of the executive to the legislature

 Membership of the ministers in the legislature

 Leadership of the Prime Minister or the Chief Minister

 Dissolution of the lower House (Lok Sabha or Assembly)

o Even though the Indian parliamentary system is largely based on the British pattern,
the two have some fundamental differences.

 For example, the Indian Parliament is not a sovereign body like the British
Parliament.

 The Indian State has an elected head (republic) while the British State has a
hereditary head (monarchy).

 Synthesis of Parliamentary Sovereignty and Judicial Supremacy:

o The doctrine of sovereignty of Parliament is associated with the British Parliament,

while the principle of judicial supremacy is with that of the American Supreme
Court.

o The American Constitution provides for ‘due process of law’ against the
‘procedure established by law’ contained in the Indian Constitution (Article 21).

o Therefore, the framers of the Indian Constitution have preferred a proper synthesis
between the British principle of parliamentary sovereignty and the American
principle of judicial supremacy.

 The Supreme Court, on the one hand, can declare parliamentary laws as
unconstitutional through its power of judicial review.
 On the other hand, the Parliament can amend the major portion of the constitution
through its constituent power.

 Integrated and Independent Judiciary:

o The Indian Constitution establishes a judicial system that is integrated as well as

independent.

o The Supreme Court stands at the top of the integrated judicial system in the country.
Below it, there are high courts at the state level.

o Under a high court, there is a hierarchy of subordinate courts, that is, district courts
and other lower courts.

o This single system of courts enforces both the central laws as well as the state
laws.

o The Supreme Court is a federal court, the highest court of appeal, the guarantor
of the fundamental rights of the citizens, and the guardian of the constitution.

o The Constitution has made various provisions to ensure its independence including
the security of tenure of the judges, fixed service conditions for the judges, etc.

 Fundamental Rights:

o Part III of the Indian Constitution guarantees six fundamental rights to all the
citizens:

Right Articles

Right to Equality 14-18

Right to Freedom 19-22

Right against Exploitation 23-24

Right to Freedom of Religion 25-28

Cultural and Educational Rights 29-30

 Right to Constitutional Remedies 32

 Directive Principles of State Policy:

o According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is

a ‘novel feature’ of the Indian Constitution.

o They are enumerated in Part IV of the Constitution.

o They can be classified into three broad categories:

 Socialistic

 Gandhian

 Liberal-intellectual.

o Unlike the Fundamental Rights, the directives are non-justiciable, that is, they
are not enforceable by the courts for their violation.

o The Constitution itself declares that ‘these principles are fundamental in the
governance of the country and it shall be the duty of the state to apply these
principles in making laws’.

 Fundamental Duties:

o The original constitution did not provide for the Fundamental Duties of the
citizens.

o These were added during the operation of internal emergency (1975–77) by

the 42nd Constitutional Amendment Act, 1976 on the recommendation of
the Swaran Singh Committee.

o The 86th Constitutional Amendment Act, 2002 added one more fundamental
duty.

o The Part IV-A of the Constitution (which consists of only one Article 51-A) specifies
the eleven Fundamental Duties.
o The fundamental duties serve as a reminder to citizens that while enjoying their
rights, they have also to be quite conscious of the duties they owe to their country,
their society, and to their fellow citizens.

o These are also non-justiciable in nature.

 A Secular State:

o The Constitution of India stands for a Secular State.

o It does not uphold any particular religion as the official religion of the Indian State.

o The Indian Constitution embodies the positive concept of secularism, i.e., giving
equal respect to all religions or protecting all religions equally.

 Universal Adult Franchise:

o The Indian Constitution adopts universal adult franchise as a basis of elections to

the Lok Sabha and the state legislative assemblies.

o Every citizen who is not less than 18 years of age has a right to vote without any
discrimination of caste, race, religion, sex, literacy, wealth, and so on.

o The voting age was reduced to 18 years from 21 years in 1989 by

the 61st Constitutional Amendment Act, 1988.

 Single Citizenship:

o The Indian Constitution is federal and envisages a dual polity (centre and state) but
it provides for only a single citizenship, that is Indian citizenship.

o In India, all citizens irrespective of the state in which they are born or reside enjoy
the same political and civil rights of citizenship all over the country and no
discrimination is made between them.

 Independent Bodies:

o The Indian Constitution establishes independent bodies as key pillars safeguarding

the democratic system of government in India:
 Election Commission to ensure free and fair elections

 Comptroller and Auditor-General of India to audit the accounts of the central and
state governments.

 Union Public Service Commission to conduct examinations for recruitment to all-

India services and higher Central services and to advise the President on
disciplinary matters.

 State Public Service Commission in every state to conduct examinations for

recruitment to state services and to advice the governor on disciplinary matters.

 Emergency Provisions:

o The Indian Constitution contains elaborate emergency provisions to enable the

President to meet any extraordinary situation effectively.

o The rationality behind the incorporation of these provisions is to safeguard the

sovereignty, unity, integrity and security of the country, the democratic political
system and the Constitution.

o The Constitution envisages three types of emergencies:

 National emergency on the grounds of war or external aggression or armed

rebellion (Article 352).

 State emergency (President’s Rule) on the ground of failure of constitutional

machinery in the states (Article 356) or failure to comply with the directions of the
centre (Article 365).

 Financial emergency on the ground of threat to the financial stability or credit of

India (Article 360).

 Three-tier Government:

o Originally, the Indian Constitution provided for a dual polity and contained provisions
with regard to the organization and powers of the Centre and the states.
o The 73rd and 74th Constitutional Amendment Acts, 1992 have added a third-tier
of Government (i.e., local) which is not found in any other Constitution of the world.

 The 73rd Amendment Act, 1992 gave constitutional recognition to the panchayats
(rural local governments) by adding a new Part IX and a new Schedule 11 to the
Constitution.

 The 74th Amendment Act, 1992 gave constitutional recognition to the municipalities
(urban local governments) by adding a new Part IX-A and a new Schedule 12 to the
Constitution.

 Co-operative Societies:

o The 97th Constitutional Amendment Act, 2011 gave constitutional status and
protection to co-operative societies.

What are the Criticisms of the Indian Constitution?

Criticism Debunking

The framers adapted and modified borrowed features to suit India

Borrowed Constitution
conditions, avoiding their faults.

Carbon Copy of the

While many provisions were borrowed, the Constitution is not a mere copy.
Government of India Act,
incorporates significant changes and additions.
1935

The Constitution reflects Indian values and aspirations, despite borrowing fro
Un-Indian or Anti-Indian
foreign sources.

While not explicitly Gandhian, the Constitution aligns with many of Gandhi
Un-Gandhian
principles.

The Constitution's detailed nature is essential for managing India's diversity an

Elephantine Size
complexity.

Paradise of the Lawyers The legal language is essential for clarity and enforceability.
Conclusion

The Indian Constitution is a dynamic and adaptable document, reflecting India's complex
diversity and evolving socio-political landscape. Its blend of rigidity and flexibility, federal
structure with a unitary bias, and the inclusion of fundamental rights and duties make it
a resilient framework for governance. Despite criticisms, the Constitution's borrowed
elements were carefully modified to suit Indian needs, ensuring its relevance and
enduring significance in shaping the nation's democratic principles and institutions.

Q. What was the exact constitutional status of India on 26th January, 1950? (2021)

(a) A Democratic Republic

(b) A Sovereign Democratic Republic

(c) A Sovereign Secular Democratic Republic

(d) A Sovereign Socialist Secular Democratic Republic

Ans: (b)

Q. The distribution of powers between the Centre and the States in the Indian
Constitution is based on the scheme provided in the (2012)

(a) Morley-Minto Reforms, 1909

(b) Montagu-Chelmsford Act, 1919

(c) Government of India Act, 1935

(d) Indian Independence Act, 1947

Ans: (c)

India is a sovereign country because it has the power to make its own decisions and is not
subject to foreign interference. The Indian Constitution defines India as a sovereign state.

Explanation
 Independent decisions: India can make decisions on internal and external matters without
seeking permission from any other country.

 Supreme law: India has its own supreme law, and no other state or nation can interfere
with it.

 Well-defined borders: India has clear borders.

 Centralized government: India has a centralized government.

 Equal status: India has equal status with other countries in the international community.
India adopted its constitution on January 26, 1950, which established it as a sovereign,
democratic, and republic state. The constitution gave Indian citizens the right to choose
their government.

India is considered a republic because the head of state, the President, is elected by the
people, meaning the power to govern does not reside with a hereditary monarch but with
elected representatives chosen by the citizens; essentially, the people have the authority to
choose their leaders through elections, making India a democratic republic.

Key points about India as a republic:

 Elected President: The President of India is not a hereditary position but is elected by the
people through a process defined in the Constitution.

 Constitutional mandate: The Indian Constitution explicitly states that India is a "Sovereign
Democratic Republic".

 Representation of the people: Citizens elect representatives to govern on their behalf.

Salient features of the Indian Constitution

What are the salient features of Indian Constitution?

Before making the present Constitution, the framers examined Constitutions of various
countries of the world and also the working of the Government of India Act, 1935. They
liberally borrowed appropriate provisions from Constitutions of many countries of the world.
The Constitution so adopted has the following salient features—

1. The Lengthiest Constitution in the World.-

Constitutions are classified into written, like the American Constitution, or unwritten, like the
British Constitution. The Constitution of India is the lengthiest of all the written Constitutions
of the world. It is a very comprehensive, elaborate and detailed document.

The Indian Constitution originally consisted of 395 articles divided into 22 Parts and 9
Schedules. Presently, it consists of a Preamble, about 450 articles divided into 24 Parts and
12 Schedules.

2. Parliamentary Form of Government.-

The Constitution of India has opted for the British Parliamentary system of Government
rather than American Presidential System of Government. The Parliamentary system is
based on the principle of co-operation and co-ordination between the legislative and
executive organs while the Presidential system is based on the doctrine of separation of
powers between the two organs.

3. Unique Blend of Rigidity and Flexibility.-

The Constitution of India is neither rigid nor flexible but a synthesis of both. A rigid
Constitution is one that requires a special procedure for its amendment while flexible
Constitution is one that can be amended in the same manner as ordinary laws are made.

4. Fundamental Rights.-

Part III of the Indian Constitution guarantees six fundamental rights to all the citizens—

(a) Right to Equality (Articles 14-18);

(b) Right to Freedom (Articles 19-22);

(c) Right against Exploitation (Articles 23-24);

(d) Right to Freedom of Religion (Articles 25-28);

(e) Cultural and Educational Rights (Articles 29-30);

(f) Right to Constitutional Remedies (Article 32).

The Fundamental Rights are meant for promoting the idea of political democracy. They
operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

5. Directive Principles of State policy.-

The Directive Principles of State Policy contained in Part of the Constitution set out the aims
and objectives to be taken by the state in the governance of the country. According to B.R.
Ambedkar “the Directive Principle of State policy is a novel feature of the Indian
Constitution. They can be classified into three broad categories, Socialistic, Gandhian and
Liberal-intellectual.

6. Fundamental Duties.-

By Forty-second Amendment Act, Part IVA has been added to the Constitution which
enumerates certain fundamental duties of the citizens. Originally, ten duties were enlisted in
clause (a) to (j) of article 51A. Clause (k), which imposes duty on parents/wards has been
added by the Constitution (86th Amendment) Act, 2002.

7. A Federation with Strong Centralizing Tendency.-

The term ‘federation’ has nowhere been used in the Constitution. Article 1 describes that
India “is a Union of States” which implies two things: Firstly – Indian federation is not the
result of an agreement by the States; and Secondly – no State has the right to secede from
the federation. The Constitution of India establishes a federal system of Government. It
contains all the usual features of a federation viz., two governments, division of powers,
written Constitution, Supremacy of the Constitution, rigidity of Constitution, independent
judiciary and bicameralism.

8. Adult Suffrage.-

In India every person, male or female, who has obtained the age of 18 years, is entitled to
vote in elections to Parliament or State Legislatures. Originally this age limit was 21 years
but after the 61st Amendment Act, 1988 it was reduced to 18 years.

9. An Independent Judiciary.-

Independence of Judiciary is essential for impartial adjudication of disputes between

individuals, between Union and State, between Union/State and individuals, between Union
and States or between States inter se. The Supreme Court stands at the top of the
integrated judicial system in the country. Below it, there are High Courts at the State level.
This single system of courts enforces both the Central laws as well as the States laws.

The Supreme Court of India is a federal court, the highest court of appeal, the guarantor of
the fundamental rights of the citizens and the guardian of the Constitution

10. A Secular State.-

The Constitution of India stands for a secular State. Hence, it does not uphold any particular
religion as the official religion of the Indian State. The term ‘Secular’ was added to the
Preamble of the Indian Constitution by the 42nd Amendment Act, 1976. Articles 25-28 of the
Constitution give concrete shape to this concept of secularism.

11. Single Citizenship.-

In most of the federation, people have double citizenship, citizenship of the Union and
citizenship of one of the several States which form the Union. Every citizen is the citizen of
India and enjoys the same rights of citizenship no matter in which State he resides.

12. Separation of Powers.-

Doctrine of separation of powers implies that powers of the three organs of the government
viz., Legislative, Executive and Judiciary should be kept separate from each other.

Q. Why is India called a republic country?

Answer: - India is a republic country. A republic country is where the head of a particular state
is an elected person and not someone from a hereditary monarch. India is known as a republic
country because the people of India elect the head of the state government. It is also incorporated
in the Constitution of India.
It is stated there that India has a president elected directly for a specific time as mentioned in the
constitution of India, which is five years. It is stated that India is a sovereign democratic
republic, and it must continue to be the same.