Salient Features of Indian Constitution

SALIENT FEATURES OF INDIAN CONSTITUTION
In comparison with other constitutions of the world, the Constitution of India is unique
in several ways. The features of the Constitution of India that are responsible for this
uniqueness of the Constitution of India are:
1. Lengthiest written Constitution of the world
2. Drawn from different sources
3. Federal structure with unitary features
4. Blend of rigidity and flexibility
5. Parliamentary form of Government
6. Independent and integrated judiciary
7. Single Citizenship
8. Universal Adult franchise
9. Balance between Judicial Supremacy and Parliamentary Sovereignty
10. Welfare State
11. Independent Constitutional Bodies
12. Three tier structure
13. Popular Sovereignty
14. Sovereign Democratic Republic
15. Secular State
1. LENGTHIEST WRITTEN CONSTITUTION OF THE WORLD

On the date of enactment of the Constitution, it contained a Preamble, 22 Parts, 395
Articles and 8 Schedules making it the lengthiest Constitution in the world. The reasons
for the bulkiness of the Indian Constitution are:
• Diversity and vastness of the Country – India is a diverse nation, both
geographically and socially. The makers of the Constitution made elaborate
provisions in the form of temporary, special, transitional and miscellaneous
provisions in the constitution in order to accommodate this social and
geographical diversity and vastness of the Country and address issues related to
it.
• Historical Factors – The experience under the British rule and the influence of the
Government of India Act 1935 on the Constitution also contributed to its
bulkiness.
• Single Constitution for both Centre and the States – Unlike other Federal
Governments across the world, India has a single constitution for both the Centre
and the States thereby making it bulky.
• The number of sources referred – The makers of the Constitution wanted to
incorporate the working experience of the then existing Constitutions of the world
in the Indian Constitution and therefore referred all the then existing
Constitutions.
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• Detailed Provisions – The makers of the Constitution did not want to leave matters
subject to doubts, difficulties and controversies and therefore made detailed
provisions relating to the executive, legislature and judiciary.
As on date, the Constitution of India has –
• A Preamble – is like a forward or preface of a book and gives the philosophy of
the Constitution.
• 25 Parts – are similar to chapters in a book and the content of the Constitution is
divided into 25 parts; however, the numbered parts are 22 parts, i.e., the number
of parts are 25 but the numbered parts are 22 only. For eg – Part I deals with Union
and its territory wherein what constitutes the territory of India is explained, who
has the power to create a new state in India and what is the procedure for creating
a new state.
• Articles – each part, in turn, has articles related to that part. There are 395
numbered articles in the Constitution and the number of articles is 472.
• Schedules – are like the bibliography or references given at the end of a book and
contain factual information related to the content of the Constitution. For eg.
Schedule I lists the names of the States and Union Territories in India.
2. DRAWN FROM DIFFERENT SOURCES

The makers of the Constitution of India referred nearly 60 Constitutions before framing
the Constitution of India. Therefore, Dr. B. R. Ambedkar proudly acclaimed that the
Constitution of India was framed after ransacking all the known constitutions of the
world. However the Government of India Act 1935 is the most important source of the
Constitution of India; nearly 60% of the provisions of the Constitution have been
adopted from this Act. Therefore the Constitution of India is said to be a Replica of the
Government of India Act 1935.
Fundamental Sources of the Constitution of India

Structural Part – refers to the physical form of Government, which is classified into
federal or unitary. India chose a federal form of Government which is sourced from the
Government of India Act 1935.
Political Part – refers to the relationship between the executive and legislature which is
classified into parliamentary or federal. India chose a Parliamentary form of
Government which is sourced from the British Constitution.
Philosophical Part – refers to the Rights of Citizens, limitations on executive and
legislature and the Government’s role in achieving the aims and aspirations of the
citizens. The Constitution of India provides for Fundamental Rights which limit the
power of the Government and Directive Principles which direct the Government to work
towards the welfare of the people. Fundamental Rights and Directive Principles are
sourced from the American Constitution and the Irish Constitution respectively.
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SOURCE PROVISIONS
Government of India Act 1935 Federal Scheme
Office of the Governor
Public Service Commissions
Emergency Provisions
Administrative Details
British Constitution Parliamentary Form of Government
Rule of Law
Legislative Procedure
Single Citizenship
Cabinet System
Writ Jurisdiction
Parliamentary Privileges
Bicameralism
American Constitution Fundamental Rights
Independent Judiciary
Judicial Review
Office of Vice President
Procedure of Impeachment of the President
Procedure of removal of judges of High Courts and Supreme
Court
Russian Constitution Fundamental Duties
Ideals of justice – social, economic and political – in the
Preamble
Constitution of Ireland Directive Principles of State Policy (DPSPs)
Nomination of members to Rajya Sabha
Method of election of President
Canadian Constitution Federation with a strong centre
Vesting of Residuary powers in the Centre
The practice of appointment of governor of a state by the
Centre
Advisory jurisdiction of Supreme Court
Australian Constitution Concurrent list
Freedom of trade, commerce and intercourse amongst the
states
Joint sitting of both houses of Parliament
Weimer Constitution of Suspension of Fundamental Rights during emergency
Germany
French Constitution Republic
The ideals of Liberty, Equality and Fraternity in the Preamble
South African Constitution Procedure of amendment to the Constitution
Election of members to Rajya Sabha
Japanese Constitution The term “Procedure established by law” in Article 21
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3. FEDERAL STRUCTURE WITH UNITARY FEATURES
The government based on its physical form can be classified into
i) Unitary form of Government - There is only one Government in the country and
governance is centralized. Eg – Government of Britain.
Essential features of unitary form of Government are:
• Single Constitution and Single Citizenship
• Integrated Judiciary
• Unicameral Legislature
• Flexible Constitution
ii) Federal form of Government - There will be two governments, one at the Centre and
the other in the states and governance is decentralized. Eg – Government in the USA.
Essential features of Unitary form of Government are:
• Division of Powers
• Supremacy of the Constitution
• Independent Judiciary
• Bicameral Legislature
• Rigid Constitution
• Two Constitutions and dual Citizenship
The Constitution of India provides for a dual polity, i.e., two governments – one at the
centre and the other in the states. Like other federations, Indian Constitution also has the
following federal features:
✓ Written Constitution
✓ Rigid Constitution
✓ Supremacy of Constitution
✓ Division of powers
✓ Independent judiciary
✓ Bicameral Legislature
However, the Constitution also has several provisions that are distinct from a federal
form of government. These features are:
✓ Single Citizenship
✓ Division of powers in favor of the centre thereby providing a strong centre
✓ Single constitution for centre and states
✓ Centre’s power to change the names and boundaries of the states
✓ Appointment of the Governor of the state by the President
✓ Unequal representation of the states in the Rajya Sabha
✓ Appointment of judges of High Court by the President
✓ Single Election Commission to conduct elections both at the centre and states
✓ The office of Comptroller and Auditor General
✓ Flexible Constitution
✓ Dependency of the states on the centre for financial assistance
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India is federal in form and unitary in spirit because,
a. Dual polity: The constitution of India provides for a dual polity i.e. one government
at the centre and the other at state however:
- The head of the state (in governor) is appointed by the centre.
- The existence of State is in the hands of the centre.
b. Division of powers: India provides for the division of powers between the centre &
the state in the form of 3 lists i.e. Union list, state list and concurrent list. However
- Union list has maximum subjects
- Exclusive to the union list the union can also legislate on the state list i.e. during
Presidential Rules
- If there is a conflict between the laws made by the centre & state on the subjects
of the concurrent list then the central law prevails over the state
- Residuary Powers are vested in the centre
- Bicameral features: Indian Parliament is bicameral in nature i.e.
- Unequal representation of states in Rajya Sabha
- Lok Sabha has more strength than Rajya Sabha
c. Independent judiciary: India has an independent judiciary. It also has an integrated
judiciary which is unitary in nature
d. The Supremacy of Constitution: The constitution of India is supreme i.e. both the
governments, centre and state will draw their powers from the constitution. However
any amendment to the constitution can be initiated by the centre only.
e. Rigid nature of the constitution: The constitution of India is rigid as certain provisions
or of the constitution that can be amended by a special majority for the ratification of
the states along with the special majority
However, many provisions in the constitution can be amended with the simple majority
thereby making the constitution a blend of rigidity and flexibility.
Conclusion: Hence the constitution of India is described as a federal in form and unitary
in spirit. This is also called “quasi-federal” by K C Wheare and as “bargaining
federalism” by Morris Jones and “Cooperative federalism” by Granville Austin.
4. BLEND OF RIGIDITY AND FLEXIBILITY

The rigidity or flexibility of a constitution is determined on the basis of the amending
procedure of that constitution. Certain provisions of the Constitution of India can be
amended by a simple majority, certain other provisions of the Constitution can be
amended only by a special majority and certain other provisions of the Constitution can
be amended only by a special majority followed by ratification by at least half of the
states in India. While amendment with a simple majority makes the Constitution
flexible, the amendment by a special majority with/without ratification of states makes
it rigid. Therefore the Constitution of India is considered to be a blend of rigidity and
flexibility.
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Jawaharlal Nehru observed in the Constituent Assembly on 8 November 1948, "While
we want this Constitution to be as solid and as permanent a structure as we can make it,
nevertheless there is no permanence in Constitutions. There should be a certain
flexibility. If you make anything rigid and permanent, you stop a nation’s growth, the
growth of a living, vital, organic people. Therefore, it has to be flexible"
5. PARLIAMENTARY FORM OF GOVERNMENT

The government based on the relationship between executive and legislature can be
classified into
Government
Parliamentary form of Government Presidential form of Government
There are two separate heads: While the There is only one head, the President, who is
President is the head of the country, the PM is both head of the country as well as the head of
the head of the government. the government.
The head of the country is elected indirectly The President is elected directly.
The head of the country is the nominal or de The de facto head and the de jure head are the
jure head (official head), the head of the same.
government is the real or de facto head (one
who has the real power)
There will be majority party rule, i.e., only that No majority party rule. The President is not a
party which wins more than half the seats in the member of the legislature and the executive is
House of people can form the government. not a part of the legislature.
Thus the executive is part of the legislature.
The executive (PM and the Council of The functions of the legislature and executive
Ministers) is responsible to the legislature. are clearly demarcated and the executive is not
responsible to the legislature
Example: Britain Example: USA
The Constitution of India opted for the Parliamentary form of Governance not only at
the centre but also in the states. The important features of Parliamentary form of
governance in India are:
• Presence of both nominal and real head
• Collective responsibility of executive to the legislature
• Majority party rule
• Membership of ministers in the legislature
• Leadership of Prime Minister at the centre and Chief Minister in the states
• Dissolution of lower house
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6. INDEPENDENT AND INTEGRATED JUDICIARY
A judiciary which is not subordinated to the executive or legislature is said to be
independent. Independent judiciary is essential for safeguarding and enforcing the rights
of citizens as well as for unbiased dispute resolution between the centre and states or
between the states. Independent judiciary is therefore considered as a feature of a federal
form of the government and the Supreme Court of India also functions as the Federal
Court of India.
The Constitution of India opted for an independent judiciary through the following
provisions:
• Manner of appointment of judges
• Security of tenure of judges
• The salaries and allowances of judges are charged onto the Consolidated fund
• Expenses of Courts are charged onto the Consolidated fund of India
• Prohibition on discussion on the conduct of judges in the legislature
• Ban on post retirement practice of judges
• Power of courts to punish for its contempt.
When the courts in a country are in a hierarchy, then the country is said to have an
integrated judiciary. Integrated judiciary also means that an appeal against the judgement
of the lower court can be made to the higher court. The Constitution of India also
provided for an integrated judiciary by arranging the courts in a hierarchy with the
Supreme Court as the apex court at the top of the hierarchy followed by the High Courts
and the Lower Courts. Integrated judiciary is considered as a unitary feature as all the
courts have jurisdiction over cases arising out of the same laws and the apex court has
control over all other courts including the courts in the states.
Thus the Constitution of India provided for both integrated as well as independent
judiciary in India.
7. SINGLE CITIZENSHIP
Usually, any country with a federal form of government will provide dual citizenship for
its citizens – Citizenship of the state they are born/domiciled in and the citizenship of the
country. However, India, despite having a federal form of the government, provides only
single citizenship for all its citizens. It simply means that all citizens of India, irrespective
of their caste, creed, religion or place of residence will enjoy the same freedoms and rights.
This was done by the framers of the constitution with a view of maintaining the unity and
integrity of a nation which is so diverse that it does not have a common language or religion
or origin.
8. UNIVERSAL ADULT FRANCHISE

The Constitution of India provides for a universal adult franchise which means that every
citizen of the country on attaining the age of 18 years can vote irrespective of his/her caste,
religion, education, economic status or gender. This is considered as a remarkable feature
because most of the progressive western democracies did not directly provide for the
universal adult franchise but adopted it gradually.
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9. BALANCE BETWEEN JUDICIAL SUPREMACY AND
PARLIAMENTARY SOVEREIGNTY
In the British Parliamentary system, Parliament is considered to be supreme with all the
power and absolutely no limitations. In the American system, the judiciary with its power
of judicial review is considered to be supreme. Though the Constitution of India adopted
both the British Parliamentary form of Governance and the American system of the
judiciary which is independent and has the power of judicial review, it strikes a balance
between the judicial supremacy and parliamentary sovereignty through various checks and
balances between the two organs of governance. While the judiciary has the power to
review the laws made by the Parliament and the power to interpret the Constitution, the
Parliament alone has the power to amend the Constitution. Thus Parliament in India is
not as supreme as the British Parliament and judiciary in India is not as supreme as the
judiciary of the USA.
10. WELFARE STATE

A state is on the basis of the functions of the Government is classified into a
• Regulatory state, or a
• Welfare State
In a regulatory state, the government performs the three basic functions of Government –
framing laws, executing laws and adjudicate disputes. The Government is not concerned
with the development and progress of its citizens.
In a welfare state, the government not only performs the three basic functions of
Government – framing laws, executing laws and adjudicate disputes but also works toward
the overall development and progress of its citizens.
The Constitution of India through the Directive Principles of State Policy directs the
Government to establish a welfare state in India.
11. INDEPENDENT CONSTITUTIONAL BODIES

All authorities established by the Government, on the basis of their creation, are
categorized into
a. Constitutional Bodies: Anybody or authority established by the Constitution is
called a Constitutional body. In other words, the appointment to these offices,
qualifications required to be appointed and powers and functions of these offices
are mentioned in the Constitution. Any change to the provisions related to these
offices can be made by a special majority only. Eg- The Election Commission of
India.
Apart from providing for the three organs of government, called the executive,
legislature and judiciary, the Constitution of India also provides for certain
independent Constitutional bodies like the Election Commission of India, the
UPSC and so on in order to maintain checks and balances between the three organs
of governance so as to ensure that none of the three organs become too powerful.
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b. Statutory Bodies: Any law passed by a simple majority is called as an ordinary law
or statute. Anybody or any authority established through a statute is called as a
statutory body. In other words, the appointment to these offices, qualifications
required to be appointed and powers and functions of these offices are mentioned
in the statutes. Any change to the provisions related to these offices can be made
by a simple majority. Eg. Lokpal is provided for by the Lokpal and Lokayukta Act.
c. Extra Constitutional/Extra-legal bodies: An extra-constitutional or Extra Legal body
is created by executive order. The legislature is not involved in the creation or
abolition of an extra-constitutional body.
12. THREE TIER STRUCTURE

Originally the Indian Constitution like any other federal Constitutions provided for two
levels of Government - one at the Centre and the other in the states. The 73rd and 74th
Constitutional Amendment Acts added a new level of Government called the local self-
government to the Constitution
13. POPULAR SOVEREIGNTY

The Constitution proclaims the sovereignty of the people in its opening words. The
Preamble begins with the words, “We the people of India, having solemnly resolved to
constitute India, into a Sovereign Socialist Secular Democratic Republic.” The idea is
reaffirmed in several places in the Constitution particularly in the chapter dealing with
elections. Articles 326 declares that “the elections to the House of People and to the
Legislative Assembly of every state shall be on the basis of adult suffrage. “As a result, the
Governments at the Centre and in the States derive their authority from the people who
choose their representatives for Parliament and the State Legislature at regular intervals.
Further, those who wield the executive power of the government are responsible to the
legislature and through them to the people. Thus, in the affairs of the state, it is the will
of the people that prevails ultimately and this is the principle of popular sovereignty.
14. THE SOVEREIGN DEMOCRATIC REPUBLIC

The Preamble of the Constitution declares India to be a Sovereign Democratic Republic.
It is sovereign since India has emerged as a completely independent state. The Dominion
Status of India established under the Indian Independence Act of 1947 has been
terminated and India is now a full-fledged state with all the characteristics of sovereignty.
The word ‘Democratic’ signifies that the real power emanates from the people. The
Constitution introduces universal adult franchise and confers on the adult population of
the country the right to elect their representatives for the Union Parliament and State
Legislatures at the time of periodical elections to be held every five years. The word
‘Republic’ is used to denote that the state is headed not by a permanent head like the
Queen of Britain but by a President indirectly elected by the people.
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15. SECULAR STATE
By adding the word ‘secular’ to the existing description of the country as a ‘Sovereign
Democratic Republic’ in the Preamble the commitment to the goal of secularism has been
spelt out in clear terms. A secular state has negative and positive aspects. Negatively it is
the antithesis of a communal or theocratic state which officially identified itself with a
particular religion.
Pakistan, for instance, has proclaimed itself an Islamic state. In a secular state, on the
other hand, there is no official or state religion. In its positive aspect state treats all its
citizens alike and give them equal opportunities. The state has no official religion. No
discrimination can be made on the basis of religion, faith, caste, color and sex. Every
citizen is equal before the law. It guarantees to religious minorities the right to maintain
their own language and to establish educational institutions of their choice. An important
manifestation of secularism in India is the abolition of communal electorates and the
adoption of the provision that elections are to be held on the basis of universal franchise
and joint-electorates.
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Salient Features of Indian Constitution

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Salient Features of Indian Constitution

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SALIENT FEATURES OF INDIAN CONSTITUTION

1. LENGTHIEST WRITTEN CONSTITUTION OF THE WORLD

2. DRAWN FROM DIFFERENT SOURCES

Fundamental Sources of the Constitution of India

4. BLEND OF RIGIDITY AND FLEXIBILITY

5. PARLIAMENTARY FORM OF GOVERNMENT

Parliamentary form of Government Presidential form of Government

8. UNIVERSAL ADULT FRANCHISE

10. WELFARE STATE

11. INDEPENDENT CONSTITUTIONAL BODIES

12. THREE TIER STRUCTURE

13. POPULAR SOVEREIGNTY

14. THE SOVEREIGN DEMOCRATIC REPUBLIC

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