Salient Features of the Constitution

Salient features of the Constitution 


1) Lengthiest written Constitution 

Originally a preamble 395 articles in 22 parts and 8 schedules
Presently 470 articles in 25 parts and 12 schedules
4 parts(IVA IXA IXB and XIVA) added and deleted part VII
20 articles deleted and added 95 articles


Factors responsible 


Geographical Factor 
Historical Factor
Single Constitution 
Dominance of legal luminaries 

2) Drawn from various sources 

3) Blend of rigidity and flexibility 

Rigid Constitution- Special procedure for its Amendment 
Flexible Constitution- Amended in simple way by ordinary laws 

Article 368 provides two types of amendments -

• Some Provisions by special majority of Parliament ie, Two-third majority of member of each house present and voting and a majority of total membership of each house. 
• Some other Provisions amended by a special majority of parliament with ratification by half of the total States. 

Some Provisions amended by a simple majority of Parliament(Not under article 368) 


4) Federal system with unitary bias 

Federal feature-
Two government, division of powers, written Constitution, Supremacy of the Constitution, rigidity of the Constitution, Independent Judiciary and bicameralism

Non-federal features-
Strong Center, Single Constitution, Single citizenship, flexibility of Constitution, Integrated Judiciary, appointment of state governor by centre, All India service, emergency provisions And so on. 

5) Parliamentary form of government 

Principle of cooperation and coordination between legislative and executive organs 

Responsible government 

Features-
Presence of nominal and real executives 
Majority party rule 
Collective responsibility of executive to the legislature 
Membership of minister in the legislature 
Leadership of prime minister or chief minister 
Dissolution of lower house 

Fundamental differences between British Parliament 
Indian Parliament is not a sovereign body like the British Parliament. 
Indian State as an elected head that is Republic. 

6) Synthesis of parliamentary 

sovereignty and judicial Supremacy
Doctrine of sovereignty of parliament associated with British Parliament

Judicial Supremacy with American Supreme Court

Scope of judicial review power of Supreme Court in India is narrower than that of what exists in u.s.

American Constitution provides due process of law whereas Indian constitution provides procedure established by law.

7) Integrated and independent judiciary 

India's judicial system is integrated as well as independent.
Supreme Court at top
High court at the state level
Subordinate quotes At District level
and other lower courts

Single system of courts enforces both Central laws as well as state laws. Unlike in u.s.

Supreme Court is a federal court highest court of appeal.
Constitution made various Provisions to ensure its independence

8) Fundamental rights

Six fundamental rights-
Right to equality
right to Freedom
right against exploitation
right to freedom of religion
cultural and educational rights.
right to constitutional remedies

Fundamental rights promotes the idea of political democracy
They are justiciable in nature.

9) Directive principles of State policy

In part 4 of The Constitution classified into three broad categories-
socialistic, gandhian and liberal intellectual.

Promoting the ideal of Social and economic Democracy

Non-justiciable in nature

Fundamental in governance of the country and it shall be the duty of the state to apply these principles In Making laws

10) Fundamental duties 

Original Constitution did not provide.
Added during operation of internal emergency 1975 to 77.

By 42nd Constitutional Amendment Act of 1976 on recommendation of Sorenson committee.
86th Constitutional Amendment Act of 2002 added one more fundamental Duty

Part 4 of The Constitution Consists of only one article 51A

Specifies 11 fundamental duties

Serve as a reminder to Citizens that while enjoying their rights they have also to be quite conscious of Duties. They owe to the country their society and their fellow citizens. Non-justiciable in nature

11) A secular state 

Constitution of India stands for a secular state
No particular religion as the official religion.
Term secular added to Preamble by 42nd Amendment act 1976
Article 25 to 30 deals with right to freedom of religion.
Indian constitution embodies the positive concept of secularism Means that giving equal respect to all religion or protecting all religions equally

12) Universal adult franchise 

As a basis of election to the Lok Sabha and State Legislative assemblies.
Every citizen not less than 18 years of age has a right to vote without any discrimination.

Voting age is reduced to 18 from 21 years in 1989 by 61st Constitutional Amendment Act. 1988

13) Single citizenship 

Indian constitution provides for only a single citizenship that is Indian citizenship unlike USA

14) Independent bodies 

Indian constitution also establishes certain independent bodies

Election Commission-
to ensure free and fair election to Parliament and State Legislature, The office of president And the office of vice president of India.

Comptroller and auditor general of India- To audit the accounts of Central and state governments
acts as guardian of public purse.

UPSC - to conduct Examination for recruitment to all India services and to advise president on disciplinary matters.

State Public Service Commission-
To conduct Examination for recruitment to State services and advice to governor on disciplinary matters.

Constitution ensures the independence of this bodies through various provisions

15) Emergency provisions 

To enable the president to meet any extraordinary situations effectively.

To safeguard the sovereignty Unity integrity and security of the country.

Three types of emergencies-

National emergencies- On grounds of War external aggression or armed Rebellion (Article 352)

State emergency (President's rule)-
On grounds of failure of constitutional Machinery in the state (article 356) or failure to comply with direction of Center (article 365)

Financial emergency- On grounds of threat to financial stability or credit of India (article 360)

During emergency central government becomes all-powerful.
Converts Federal structure into a unitary one

16) Three Tire government 

Originally dual quality
And power distribution between Center and state
later 73rd and 74th Constitutional Amendment act 1992 added a three tier of government ie, local

73rd Amendment Act of 1992 gave constitutional recognition to the panchayat(Rural local government) By adding new Part 9 and a new schedule 11

74th ConstitutionalAmendment Act of 1992 Gave constitutional recognition to municipalities(Urban local government) by adding a new part 9A and a new schedule to 12 to the Constitution.

17) Cooperative societies

97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to Cooperative societies.

Three changes in Constitution-

It made right to form Cooperative Society of fundamental right Article 19.

It included a new directive principles of State policy on promotion of Cooperative Society article 43 B.

It added a new Part 9B in the Constitution which is entitled as the Cooperative societies article 243ZH to 243ZT

Criticism of the Constitution

A borrowed Constitution.
A carbon copy of the 1935 Act
Un-Indian or anti-indian
And Ungandhian Constitution
Elephantine size
Paradise of the lawyers