Salient Features of the Indian Constitution

Subject: Polity | Unit: Constitution Basics | Topic: Salient Features Exam: AP Group 2 (APPSC) Prerequisites: Making of the Constitution, Preamble

Introduction

The Indian Constitution is unique in the world for its distinctive combination of features drawn from multiple sources yet adapted to Indian conditions. It is neither purely federal nor purely unitary, neither purely rigid nor purely flexible. Understanding these salient features provides the conceptual framework for comprehending every other topic in Indian Polity.

Historical Context / Constitutional Background

The framers of the Constitution, having studied constitutions worldwide, deliberately crafted a document that would address India's unique challenges — vast diversity, colonial legacy, poverty, and the need for both national unity and regional autonomy. The Government of India Act 1935 served as the structural backbone (approximately 70%), while features were borrowed and adapted from the constitutions of the UK, USA, Ireland, Canada, Australia, Germany, USSR, France, South Africa, and Japan.

Core Content

1. Lengthiest Written Constitution in the World

• Originally: 395 Articles, 22 Parts, 8 Schedules
• Currently: approximately 470+ Articles, 25 Parts, 12 Schedules
• Reasons for length: geographical diversity, GoI Act 1935 influence, single constitution for Centre and States, detailed administrative provisions, dominance of legal experts in the Constituent Assembly

2. Drawn from Various Sources

• Not a "borrowed" Constitution — features were adapted and modified for Indian conditions
• Government of India Act 1935 is the single largest source (70% structural basis)
• Fundamental Rights from USA, DPSP from Ireland, Parliamentary system from UK

3. Blend of Rigidity and Flexibility

Three types of amendment under Article 368:

• Over 106 amendments in 75+ years — shows flexibility
• Basic Structure doctrine (Kesavananda Bharati, 1973) — shows rigidity

4. Federal System with Unitary Bias

• Article 1: India is a "Union of States" (not "Federation of States")
• This implies: (a) federation not result of agreement between states, (b) states cannot secede

• K.C. Wheare: "quasi-federal"
• Granville Austin: "cooperative federalism"
• Ivor Jennings: "federation with centralising tendency"
• Residuary powers with the Centre (unlike USA where states have residuary powers)

5. Parliamentary Form of Government

• Also called Westminster model or responsible government
• Features: nominal head (President) + real head (PM), majority party rule, collective responsibility, ministers from legislature, PM leadership, lower house dissolution
• President = nominal/titular executive; PM = real executive
• Council of Ministers collectively responsible to Lok Sabha (not Rajya Sabha)
• Differs from UK: Indian Parliament NOT sovereign (Constitution is supreme); India is a republic (UK is monarchy)

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

• Neither pure parliamentary sovereignty (UK) nor pure judicial supremacy (USA)
• Supreme Court can declare laws unconstitutional (judicial review)
• Parliament can amend the Constitution (constituent power)
• Uses "procedure established by law" (Article 21) not "due process of law" (USA)
• After Maneka Gandhi case (1978): Article 21 interpreted to include "due process" elements

7. Integrated and Independent Judiciary

• Single judicial hierarchy: Supreme Court → High Courts → Subordinate Courts
• Enforces both Central and State laws (unlike USA with dual judiciary)
• Independence secured through: security of tenure, fixed service conditions, charges on Consolidated Fund, prohibition on practice after retirement, contempt power

8. Fundamental Rights (Part III)

• Six categories of rights (originally seven; Right to Property removed by 44th Amendment)
• Justiciable — enforceable through courts
• Available against the State (Article 12 defines State broadly)
• Can be suspended during National Emergency (except Articles 20, 21)
• Subject to reasonable restrictions

9. Directive Principles of State Policy (Part IV)

• Borrowed from the Irish Constitution
• Non-justiciable — not enforceable by courts
• But fundamental in governance of the country (Article 37)
• Classified into: Socialistic, Gandhian, Liberal-Intellectual principles

10. Fundamental Duties (Part IVA)

• Added by 42nd Amendment (1976) on Swaran Singh Committee recommendation
• Originally 10 duties; 11th added by 86th Amendment (2002)
• Listed in Article 51A; non-justiciable but can be enforced through legislation

11. Secular State

• No official state religion; positive secularism (equal respect to all religions)
• Articles 25-28 guarantee freedom of religion

12. Universal Adult Franchise

• Every citizen 18 years and above can vote
• Originally 21 years; reduced to 18 by 61st Amendment (1988) — Article 326
• No discrimination based on caste, race, religion, sex, literacy, or wealth

13. Single Citizenship

• Only Indian citizenship — no separate state citizenship (unlike USA)
• All citizens enjoy identical rights throughout the territory
• Provisions in Articles 5-11 (Part II)

14. Independent Constitutional Bodies

• Election Commission (Art 324), CAG (Art 148), UPSC (Art 315), SPSC (Art 315)
• Constitutional protection ensures independence from executive interference

15. Emergency Provisions (Part XVIII)

• During National Emergency, the federal structure effectively becomes unitary

16. Three-Tier Government

• Added by 73rd and 74th Amendments (1992): Panchayats (Part IX) + Municipalities (Part IXA)
• Added 11th Schedule (29 subjects for Panchayats) and 12th Schedule (18 subjects for Municipalities)

Key Articles Table

Andhra Pradesh Connection

• AP follows parliamentary system at state level — Chief Minister is real executive, Governor is nominal
• AP has a bicameral legislature (both Vidhan Sabha with 175 seats + Vidhan Parishad with 58 seats)
• AP High Court at Amaravati is the highest court for the state
• AP is one of only 6 states with a bicameral legislature

Key Points Summary

1. Indian Constitution is the lengthiest written constitution in the world
2. Originally: 395 Articles, 22 Parts, 8 Schedules; Currently: 470+ Articles, 25 Parts, 12 Schedules
3. GoI Act 1935 is the single largest source (70% structural basis)
4. Three types of amendments: simple majority, special majority, special majority + state ratification
5. India is a "Union of States" (Article 1) — not "Federation of States"
6. K.C. Wheare called it "quasi-federal" — most commonly asked description
7. Parliamentary form: President is nominal head, PM is real head
8. Council of Ministers collectively responsible to Lok Sabha
9. Synthesis of parliamentary sovereignty and judicial supremacy
10. Single integrated judicial hierarchy: SC → HC → Subordinate Courts
11. Six Fundamental Rights (originally seven; Right to Property removed by 44th Amendment)
12. DPSPs are non-justiciable but fundamental in governance
13. Fundamental Duties added by 42nd Amendment (1976); 11th duty by 86th Amendment (2002)
14. Universal adult franchise: 18 years (reduced from 21 by 61st Amendment, 1988)
15. Single citizenship — no separate state citizenship
16. Three types of emergencies: National (352), State (356), Financial (360)
17. 73rd and 74th Amendments added three-tier local governance

Exam Strategy

Key Terms Glossary