4. Salient Features of the Indian Constitution
The Constitution of India, adopted on 26 November 1949 and enforced on 26 January 1950, is one of the most comprehensive constitutions in the world. Below are its major salient features explained in detail:
1. World’s Lengthiest Written Constitution
- The Indian Constitution is the most detailed in the world.
- It originally contained 395 Articles in 22 Parts and 8 Schedules.
- Today, after amendments, it has 470 Articles in 25 Parts and 12 Schedules.
- It deals with Centre–State relations, administration, elections, emergency, services, rights, and duties in great detail.
2. Drawn from Various Sources
- Our Constitution is called a “borrowed constitution”, but with originality in adaptation.
- Sources include:
- Government of India Act, 1935 → federal structure, office of Governor, emergency powers.
- USA → Fundamental Rights, independence of judiciary, judicial review, impeachment of President.
- UK → Parliamentary form, rule of law, cabinet system.
- Ireland → Directive Principles of State Policy (DPSPs).
- Canada → Federation with strong Centre, residuary powers in Centre.
- USSR (Russia) → Fundamental Duties, five-year plans.
- France → Republic, ideals of liberty, equality, fraternity.
3. Blend of Rigidity and Flexibility
- Rigid Constitution: Requires a special procedure for amendment (like USA).
- Flexible Constitution: Can be amended by simple majority (like UK).
- The Indian Constitution combines both:
- Simple Majority → Name of states, UTs, etc.
- Special Majority → Fundamental Rights, DPSPs.
- Special Majority + State Ratification → Centre–State relations.
4. Federal System with a Unitary Bias
- India is described as a Union of States (not strictly federal).
- Features of federalism:
- Two governments – Centre & States.
- Division of powers (Union, State, Concurrent Lists – Schedule VII).
- Independent judiciary.
- Unitary bias:
- Centre has more power than states.
- During Emergency, India becomes more unitary.
- States cannot secede from the Union.
5. Parliamentary Form of Government
- Based on the Westminster Model (UK).
- Features:
- President = nominal head; Prime Minister = real head.
- Council of Ministers collectively responsible to Lok Sabha.
- Fusion of Executive & Legislature.
6. Fundamental Rights (Part III, Articles 12–35)
- Called the Magna Carta of India.
- Six Fundamental Rights:
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural & Educational Rights
- Right to Constitutional Remedies
- They are justiciable (enforceable in court).
7. Directive Principles of State Policy (Part IV, Articles 36–51)
- Inspired by Ireland.
- Not enforceable by courts but fundamental for governance.
- Aim: Create a welfare state with social and economic justice.
- Examples: equal pay for equal work, free education, promotion of village panchayats, uniform civil code.
8. Fundamental Duties (Part IVA, Article 51A)
- Added by 42nd Amendment (1976) on recommendation of the Swaran Singh Committee.
- 11 Duties (e.g., respecting the Constitution, protecting environment, safeguarding public property).
- Promote a sense of responsibility among citizens.
9. Independent Judiciary with Judicial Review
- Ensures supremacy of Constitution.
- Supreme Court = guardian of the Constitution.
- Can declare laws null and void if unconstitutional.
- Provides checks and balances between Legislature and Executive.
10. Secular State
- No official religion.
- All religions are treated equally.
- Citizens have freedom of religion (Articles 25–28).
- Secularism in India = positive secularism (equal respect for all religions).
11. Universal Adult Franchise
- Every citizen of 18 years or above has the right to vote (61st Amendment, 1988 reduced it from 21 to 18).
- Ensures political equality.
12. Single Citizenship
- Unlike the USA (dual citizenship), India provides only one citizenship.
- Ensures unity and prevents division.
13. Emergency Provisions (Part XVIII, Articles 352–360)
- Three types of Emergencies:
- National Emergency (352) – War, external aggression, armed rebellion.
- State Emergency (356) – President’s Rule in States.
- Financial Emergency (360) – Economic crisis.
- These provisions strengthen the Centre.
14. Special Provisions for Certain States
- Article 370 (J&K – now abrogated in 2019).
- Articles 371–371J give special provisions for states like Nagaland, Mizoram, Andhra Pradesh, Karnataka, etc.
15. Secular and Welfare State Philosophy
- Preamble emphasizes Justice, Equality, Liberty, Fraternity.
- Directive Principles aim to establish socialistic pattern of society.
16. Balance of Rights and Duties
- Constitution balances individual rights (Fundamental Rights) with collective responsibility (Fundamental Duties & DPSPs).
✅ These features make the Indian Constitution unique – it is detailed like no other, flexible yet stable, federal yet unitary, modern yet deeply rooted in Indian values.