SALIENT FEATURES OF THE INDIAN CONSTITUTION 

• The Constitution of India is a unique blend of rigidity and flexibility, combining the best features of various world constitutions. It lays the foundation for the world’s largest democracy and reflects the aspirations of a diverse and pluralistic society. Crafted with deep foresight, it establishes a parliamentary democracy, ensures justice and equality, and promotes national unity. Its salient features highlight the vision of the framers and the soul of Indian governance.

Salient Features of the Indian Constitution

1. Lengthiest Written Constitution

• The Constitution of India is the most detailed written constitution in the world.
• Originally adopted in 1949, it contained a Preamble, 395 Articles (divided into 22 Parts), and 8 Schedules.
• Its length and detail are necessary to address the complexity and diversity of Indian society, governance, and administration.
  

2. Drawn from Various Sources

• The Constitution of India has borrowed most of its provisions from the constitutions of various other countries, as well as from the Government of India Act, 1935.
  
• Some major sources include:
  • British Constitution – Parliamentary system, Rule of Law, Legislative procedures.
  • U.S. Constitution – Fundamental Rights, independence of the judiciary, judicial review.
  • Irish Constitution – Directive Principles of State Policy.
  • Canadian Constitution – Quasi-federal structure, residuary powers with the Centre.
  • Australian Constitution – Concurrent List, freedom of trade and commerce.
    

3. Blend of Rigidity and Flexibility

• A rigid Constitution requires a special procedure for amendment (e.g., U.S. Constitution).
• A flexible Constitution can be amended by the ordinary law-making process (e.g., British Constitution).
  
• The Indian Constitution is a synthesis of both:
  • Some parts can be amended by a simple majority.
  • Others require a special majority and sometimes ratification by half the states (as per Article 368).
    

4. Federal System with a Unitary Bias

• Article 1 describes India as a “Union of States”, not a federation.
• Federal features include:
  • Dual government (Centre and States), division of powers, written and supreme Constitution, bicameralism, independent judiciary, and rigidity of Constitution.
• Unitary or non-federal features include:
  • Strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of Governors by the Centre, All-India Services, and emergency provisions that centralize power during crises.
    

5. Parliamentary Form of Government

(“The executives remain responsible to the legislature” – UPSC Prelims 2017)

• India follows the Westminster Model or Cabinet Government, also called Responsible Government.
• Though based on the British system, there are key differences:
  • The Indian Parliament is not sovereign (it is limited by the Constitution).
  • India has an elected head of state (Republic), whereas Britain has a hereditary monarch.
• The Council of Ministers is collectively responsible to the Lok Sabha.
  

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

• The British Parliament represents parliamentary sovereignty.
• The American Supreme Court reflects judicial supremacy.
• The Indian Constitution integrates both:
  • Parliament is powerful to make laws.
  • But courts can strike down laws violating the Constitution through judicial review.
    

7. Integrated and Independent Judiciary

• India has a single integrated judicial system that enforces both Central and State laws.
• This differs from the U.S., where federal laws are enforced by federal courts, and state laws by state courts.
• The judiciary is independent, with powers like judicial review and constitutional interpretation.
  

8. Single Citizenship

• Though India has a federal structure and dual polity (Centre and States), it provides for only one citizenship—that is, Indian citizenship.
• This promotes national unity and equal rights for all citizens across the country, unlike in the U.S., where citizens hold dual citizenship (national and state).
  

Additional Salient Features of the Indian Constitution

Fundamental Rights (Part III, Articles 12–35):
Guarantee civil liberties to citizens, enforceable by courts. There are six fundamental rights:

• Right to Equality (Articles 14–18)
• Right to Freedom (Articles 19–22)
• Right against Exploitation (Articles 23–24)
• Right to Freedom of Religion (Articles 25–28)
• Cultural & Educational Rights (Articles 29–30)
• Right to Constitutional Remedies (Article 32)
  

Directive Principles of State Policy (Part IV, Articles 36–51):
Termed a “novel feature” by Dr. Ambedkar, DPSPs guide the State in policy-making to ensure socio-economic justice.

• Classified into Socialistic, Gandhian, and Liberal-Intellectual principles.
• Non-justiciable, but fundamental in governance.
  

Fundamental Duties (Part IV-A, Article 51A):
Added by the 42nd Amendment (1976) on Swaran Singh Committee’s recommendation.

• The 86th Amendment (2002) added the 11th duty.
• They remind citizens of moral obligations toward the nation and society.
• Like DPSPs, these are non-justiciable.
  

Secular State:
India has no State religion. The Constitution upholds all religions equally.

• Secularism in India means equal treatment and protection of all religions (positive secularism).
  

Universal Adult Franchise:
All Indian citizens aged 18 and above can vote, regardless of caste, religion, sex, or literacy (Article 326).

• Voting age was reduced from 21 to 18 by the 61st Amendment (1988).
  

Independent Constitutional Bodies:
To uphold democratic values, the Constitution establishes autonomous institutions:

• Election Commission – for free and fair elections
• CAG – to audit government accounts
• UPSC and State PSCs – for merit-based recruitment and advice on disciplinary matters
  

Emergency Provisions:
Designed to maintain national security and constitutional integrity:

• National Emergency (Article 352) – War, external aggression, or armed rebellion
• President’s Rule (Article 356/365) – Breakdown of constitutional machinery in states
• Financial Emergency (Article 360) – Threat to India’s financial stability
  

Three-tier Government System:

• Originally a dual polity (Centre + States), the 73rd & 74th Amendments (1992) added the local tier.
• Part IX + 11th Schedule → Panchayats (rural)
• Part IX-A + 12th Schedule → Municipalities (urban)
  

Co-operative Societies:
The 97th Constitutional Amendment (2011) gave co-operative societies constitutional status.

• Promotes democratic, autonomous, and professional management of cooperatives.
  

SOURCES OF THE CONSTITUTION AT A GLANCE

Source	Features Borrowed
1. Government of India Act, 1935	Federal scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, Administrative details
2. British Constitution	Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Parliamentary privileges, Bicameralism
3. U.S. Constitution	Fundamental Rights, Independence of judiciary, Judicial review, Impeachment of President, Removal of judges (SC and HC), Office of Vice-President
4. Irish Constitution	Directive Principles of State Policy (DPSPs), Nomination of members to Rajya Sabha, Method of election of the President
5. Canadian Constitution	Federation with strong Centre, Residuary powers with Centre, Appointment of State Governors by Centre, Advisory jurisdiction of Supreme Court
6. Australian Constitution	Concurrent List, Freedom of trade and commerce, Joint sitting of two Houses of Parliament
7. Weimar Constitution of Germany	Suspension of Fundamental Rights during Emergency
8. Soviet Constitution (USSR)	Fundamental Duties, Ideals of social, economic, and political justice in the Preamble
9. French Constitution	Republicanism, Ideals of liberty, equality, and fraternity in the Preamble
10. South African Constitution	Procedure for constitutional amendment, Election of Rajya Sabha members
11. Japanese Constitution	Concept of “Procedure established by law” (as opposed to “due process”)