Salient Features of Indian Constitution:

Lengthiest Written In 1949 contained Preamble, 395 Articles (divided into 22 parts) and 8 Schedules. In 2022,
Constitution contains 470 articles (divided into 25 parts) and 12 Schedules. Factors for elephantine size:
1. Geographical Factors 2. Historical Factors (GoI 1935 was bulky) 3. Single constitution
for centre and state 4. Dominance of legal luminaries in CA
Drawn from BR Ambedkar: Constitution has been framed after ransacking all known cnstitutions of the
various sources world.
Blend of rigidity Both rigid ( Amendment procedure under A. 368) and flexible (simple majority)
and flexibility
Federal system with KC Wheare” Ind Con is federal in form but unitary in spirit”, Granville Austin
a unitary bias “Cooperative federalism” Ivor Jennings “federation with a centralizing tendency”
Parliamentary form Indian form is gov is parliamentary like Britain, unlike American Presidential Form of Gov
of government
Synthesis of Doctrine of sovereignty of parliament- British, Principle of Judicial Supremacy- American.
parliamentary Judicial review power of SC in India, narrower than SC of USA since USA follows ‘due
sovereignty and process of law’, while India follows ‘procedure established by law’
judicial supremacy
Integrated and Integrated- hierarchy of court which enforce both central and state law. SC in USA enforces
Independent only federal law while states judiciary enforces state law. Provisions to ensure
judiciary independence of judiciary made in Constitution.
Fundamental Part III (A. 12 to 35). Promote idea of political democracy and are negative rights.
Rights Justiciable, limitations on tyranny of executive and arbitrary law of legislature. Limit power
of state.
Directive Principles Part IV. Gandhian, socialistic and liberal intellectual. Minerva Mills (1980): Constitution
of State Policy found on bedrock of balance between DPSP and FR
Fundamental Added by 42nd CAA on recommendation of Swaran Singh Committee. Rights and duties
Duties correlative. A 51A.
Secular State No official religion. Provisions for secularism- ( 42nd CAA- secular added, Preamble, A. 14,
15, 16, 25, 26, 27, 28, 29, 30, 44) Positive form of secularism- giving respect to all religions
Universal Adult Universal adult franchise is fundamental to democracy. Makes it broad based, enhances self
Franchise respect and prestige of citizens.61st CAA- Voting age reduced from 21 to 18.
Single Citizenship Single citizenship for both centre and states, unlike USA- dual citizenship- one of state and
other of centre—dual rights enjoyed.
Independent Bodies Bulwarks of democracy- EC, CAG, UPSC, SPSC. Independence of bodies ensured.
Emergency To safeguard sovereignty, integrity and unity of India. ( A. 352, A. 356 and 365, A. 360)
Provisions
Three tier 73rd and 74th CAA, 1992- added third tier (local) of government. 73rd CAA- gave
government recognition to Panchayats, added Part IX and Schedule 11, 74th CAA-gave recognition to
municipalities (urban local gov bodies) added Part IX A and Schedule 12
Cooperative 97th CAA 2011- constitutional status and protection to cooperative societies, added Part IX
 Societies B.

• Criticism of Constitution:

1. Borrowed Constitution, hotch potch constitution, patchwork constitution.

2. Carbon Copy of GoI Act 1935.
3. Un-Indian or Anti-indian
4. Un-Gandhian Consitution
5. Elephantine Size
6. Paradise of Lawyers

PREAMBLE: Introduction of constitution, NA Palkhiwala- identity card of consituton, hororscope of

constitution, based on Objectives resolution of J Nehru, summary or essence of constitution, philosophy of
constitution, yardstick to measure worth of constitution.
Preamble reveals- source of authority (we the people of India), Nature of the Indian State (Sovereign, socialist,
secular, democratic, republic) Objectives (justice, liberty, equality and fraternity) and date of adoption (26 Nov, 1949)

Sovereign: Neither dependency, nor dominion of any nation, but independent state. Free conduct of its own affairs
(internal and external). Can acquire a foreign territory or cede part of its territory.

Socialist: Added by 42nd CAA 1976. DPSP- socialist principles. Democratic socialism- blend of Marxism and
Gandhism- mixed economy. not communist socialism- nationalisation of mans of production and and distribution and
abolition of private property.

Secular- Added by 42nd CAA.

Democratic- based on doctrine of popular sovereignty- possession of supreme power by people. Democracy- direct
( eg Switzerland- referendum, initiative, recall and plebiscite) and indirect/ representational democracy (parliamentary
and presidential) Indian democracy ensures- political, social and economic democracy. Justice cannot be ensured
unless liberty, equality, and fraternity (holy trinity) are not ensured.

Republic- Britain is monarchical democracy (Monarch- king/ queen is head of state) and India is Republican
democracy (President- indirectly elected- is head of state)

Justice- Social, Economic and Political ensured. Combination of social and economic justice is distributive justice.
Ideal of justice- social, economic and political taken from Russian Revolution.

Liberty- absence of restraints on activities of individuals vis-à-vis providing opportunity for development of
individual personalities. Liberty of thought, belief, faith and worship provided through FR. Liberty in India is not
absolute but qualified. Taken from French Revolution.

Equality- Preamble ensures civic, political, and economic equality. FR- A. 14, 15, 16, 17, 18- civic equality, 39-
economic equality, 325 and 326- political equality.

Fraternity- Feeling of brotherhood ensured through single citizenship and Fundamental Duties (A. 51). Fraternity
assures dignity of individual (assured through FR and DPSP) and unity and integrity (added by 42 nd CAA) of nation
and embraces both psychological and territorial integrity of the nation.

Berubari Union Case (1960): key to minds of makers of constitution and NOT part of Indian Constitution.
Keshavanand Bharati v. UoI: Constitution to be interpreted acc to preamble and it IS PART of constitution.
Preamble can be amended however basic structure cannot be amended.
LIC of India Case: Sc held preamble is essential part of Indian Constitution.
Preamble vs. Constitution: Constitution not preamble is source of power for legislature, and preamble is non-
justiciable.