Salient Features of the Indian Constitution

🧠 Salient Features of the Indian Constitution – Simplified for UPSC

🔹 Introduction (Easy Explanation)

Our Constitution is unique—though borrowed from many countries, it reflects India’s special needs and diversity.
It was adopted in 1949 and has been amended many times—especially by important amendments like:
- 7th (1956) – States Reorganisation.
- 42nd (1976) – Called the "Mini-Constitution", added many major changes.
- 44th (1978) – Removed some of the excesses of the Emergency.
- 73rd & 74th (1992) – Gave Constitutional status to Panchayats and Municipalities.
- 97th (2011) – Added co-operatives as a constitutional part.
- 101st (2016) – Introduced GST.

🔸 1. Lengthiest Written Constitution in the World

🔍	Details
📜 Original Size (1949)	Preamble + 395 Articles + 22 Parts + 8 Schedules
📈 Present Size (as of 2019)	~470 Articles + 25 Parts + 12 Schedules

Factors Contributing to the Elephantine Size of the Indian Constitution:

Geographical Factors: Vastness of the country and its diversity.
Historical Factors: Influence of the Government of India Act, 1935, which was itself bulky.
Single Constitution: Applicable to both the Centre and States.
Legal Experts' Dominance: Legal luminaries played a major role in the Constituent Assembly.

➡️ Even minor procedures and laws are written in detail, unlike the UK or US.

🏔️ Special Case: Jammu & Kashmir

📜 Before 2019: Special Status Under Article 370

Article 370 gave Jammu & Kashmir (J&K) a special status in the Indian Union.
J&K had its own Constitution, own flag, and autonomy over internal matters except:
- Defence
- Foreign affairs
- Finance
- Communications
Indian Parliament needed the state government's approval to apply any laws in J&K (except those in the Union List).

🛑 What Changed in 2019?

1. Presidential Order: “The Constitution (Application to Jammu & Kashmir) Order, 2019”

Issued on: 5th August 2019
Superseded the earlier 1954 Order.
Extended all provisions of the Indian Constitution (including Fundamental Rights, Directive Principles, etc.) to J&K.
This means: Article 370 was made ineffective (not yet formally removed but nullified in practice).

2. Jammu & Kashmir Reorganisation Act, 2019

Passed by Parliament in August 2019.
Came into effect from 31st October 2019.
Bifurcated the state of Jammu & Kashmir into:

🟠 Union Territory of Jammu & Kashmir (with a Legislative Assembly)
🔵 Union Territory of Ladakh (without a Legislative Assembly)

🗓️ After 2019 – What Changed?

Under the Jammu & Kashmir Reorganisation Act, 2019:

✅ 1. J&K was no longer a state

The State of Jammu & Kashmir ceased to exist.

🔄 2. It was split (bifurcated) into 2 Union Territories:

Union Territory	Legislative Assembly	Special Notes
🟠 Jammu & Kashmir	✅ Yes	Like Delhi and Puducherry (with elected government)
🔵 Ladakh	❌ No	Directly governed by the Centre via a Lieutenant Governor

🔸 2. Borrowed from Multiple Sources

🌐 Source	🇮🇳 Borrowed Features
🇬🇧 UK (British Constitution)	Parliamentary system, Rule of Law, Cabinet system
🇺🇸 USA	Fundamental Rights, Judicial Review, Impeachment
🇮🇪 Ireland	DPSP (Directive Principles of State Policy), nomination of Rajya Sabha
🇨🇦 Canada	Quasi-federal structure, Centre stronger than states
🇦🇺 Australia	Concurrent List, Freedom of Trade
🇫🇷 France	Republican values: Liberty, Equality, Fraternity
🇩🇪 Germany (Weimar)	Emergency powers
🇯🇵 Japan	Procedure Established by Law
🇿🇦 South Africa	Amendment procedure, election of Rajya Sabha members
🏛 Govt. of India Act, 1935	Major structure: Federal scheme, Judiciary, Emergency powers, PSCs

🗣 B.R. Ambedkar said: We have ransacked all known Constitutions of the world.

🧱 Basic Structure Doctrine – Kesavananda Bharati Case (1973)

What is it? Parliament can amend the Constitution but NOT its basic structure.
Article 368: Gives Parliament power to amend, but limits exist.
This doctrine protects core values like:
- Supremacy of Constitution
- Rule of Law
- Judicial Review
- Federalism
- Secularism
- Separation of Powers
- Free and Fair Elections
- Parliamentary system

🧑‍⚖️ Why important? Prevents abuse of power during Emergency or authoritarian rule.

🔹 3. Blend of Rigidity and Flexibility

🧾 Meaning:

Constitutions are either:
- Rigid: Hard to amend (Example: USA—needs a very complex process).
- Flexible: Easy to amend (Example: UK—can change laws just like normal laws).

⚖️ India = Mix of both (Blend)

➡️ Article 368 provides three types of amendment procedures:

🏷 Type	🧠 Examples	📜 Procedure
1. By Special Majority	Fundamental Rights, DPSP, etc.	Needs 2/3rd majority in both Houses, plus majority of total membership
2. By Special Majority + State Ratification	Election of President, changes to Supreme Court, etc.	Same as above + 50% of States must approve
3. By Simple Majority (Not under Article 368)	State boundaries, number of judges, etc.	Like ordinary law – just a simple majority in Parliament

🧠 Key Point:

✅ The Indian Constitution is not completely rigid like the US, nor fully flexible like the UK. It is a unique combination of both.

🔹 4. Federal System with Unitary Bias

🇮🇳 Federal Features in India:

✅ Federal Characteristic	🔎 Explanation
1. Two governments	Centre + State
2. Division of powers	3 Lists: Union, State, Concurrent
3. Supremacy of Constitution	Constitution is the highest law
4. Written Constitution	Clearly written in one document
5. Rigidity of Constitution	Can’t be changed easily
6. Independent Judiciary	Supreme Court acts as umpire
7. Bicameralism	Lok Sabha + Rajya Sabha at Centre

⚠️ Unitary Bias in India (Non-Federal Features):

🛑 Unitary Feature	📌 What It Means
Strong Centre	Union List has more subjects and power
Single Constitution	For Centre and States (unlike US)
Single Citizenship	No state citizenship (unlike US)
Integrated Judiciary	No separate state-level Supreme Courts
Emergency Provisions	Centre can take control of state
Governor appointed by Centre	States do not elect their head
All-India Services	Like IAS/IPS – common for both
Parliament can change state boundaries	States don’t need to approve

📘 Article 1:

"India, that is Bharat, shall be a Union of States."
→ This means:

Indian federation is not created by an agreement between states.
States cannot secede (break away) from the Union.

📚 Labels Given by Scholars:

Scholar	Description of Indian Federalism
K.C. Wheare	“Quasi-federal”
Morris Jones	“Bargaining federalism”
Granville Austin	“Cooperative federalism”
Ivor Jennings	“Federation with a centralising tendency”

Here is the simplified UPSC-style explanation (point-wise) of the next two salient features of the Indian Constitution:

🔹 5. Parliamentary Form of Government

🧾 Meaning:

India adopted the British Parliamentary System, not the American Presidential System.
It is based on cooperation and coordination between the Legislature and the Executive, unlike the Presidential system, which follows strict separation of powers.

🏛 Also Called:

Westminster Model
Responsible Government
Cabinet Government

🧩 Key Features in India:

Sl. No.	Feature	Explanation
(a)	Nominal and Real Executive	President/Governor is ceremonial; real power lies with PM/CM
(b)	Majority Party Rule	Party with majority forms the government
(c)	Collective Responsibility	Council of Ministers is responsible to Lok Sabha/State Assembly
(d)	Ministers are Members of Legislature	Ministers must be MPs or MLAs
(e)	Prime Ministerial Leadership	PM/CM is head of government and decision-maker
(f)	Dissolution of Lower House	Lok Sabha/Assembly can be dissolved before term ends

🇮🇳 Difference from British System:

India	Britain
Parliament not sovereign	Parliament is sovereign (can make any law)
Elected head (President)	Hereditary monarch (King/Queen)

🔑 Note:

In practice, both in India and UK, the Prime Minister plays a central and powerful role → called "Prime Ministerial Government."

🔹 6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

🧾 Concept:

British Model → Parliament is supreme.
American Model → Judiciary is supreme (can strike down any law using Due Process).

🇮🇳 Indian Constitution:

Combines both ideas in a balanced manner:
- Parliament is powerful (can amend most of the Constitution).
- Judiciary has power of judicial review, but not as wide as in USA.

⚖️ Key Differences:

Feature	India	USA
Legal Phrase	Procedure established by law (Art. 21)	Due process of law
Effect	Only checks legality, not fairness	Checks both legality & fairness
Review Power	Limited judicial review	Extensive judicial review

⚖️ Balanced Powers in India:

Power	Authority
Parliament	Can amend most parts of Constitution
Supreme Court	Can strike down laws violating basic structure (Keshavananda Bharati case)

7. Integrated and Independent Judiciary

Integrated Judiciary:
India has a single judicial system. It means:
- The same set of courts deal with both Central and State laws.
- At the top: Supreme Court (national level).
- Then: High Courts (state level).
- Below High Courts: District and Subordinate Courts (local level).
In the USA, federal and state courts are separate — that’s not the case in India.
Independent Judiciary:
The Constitution ensures that judges can work freely without political or executive pressure. It does this by:
- Judges of the Supreme Court and High Courts have security of tenure (they can’t be removed easily).
- Their salary and expenses are charged from the Consolidated Fund of India, not voted in Parliament.
- Judges cannot be criticized in Parliament for how they do their job.
- No post-retirement practice in courts allowed.
- Judiciary is separate from the executive, so police, law enforcement, and judiciary don’t interfere in each other’s roles.
- The Supreme Court can punish anyone for contempt of court.

8. Fundamental Rights (Part III, Articles 12–35)

These are basic rights given to all citizens to protect their freedom and dignity.
There are 6 types of Fundamental Rights:
1. Right to Equality (Articles 14–18): Equal treatment by law, no discrimination.
2. Right to Freedom (Articles 19–22): Freedom of speech, movement, profession, etc.
3. Right against Exploitation (Articles 23–24): Ban on forced labor and child labor.
4. Right to Freedom of Religion (Articles 25–28): Right to follow and practice any religion.
5. Cultural & Educational Rights (Articles 29–30): Protection of language, script, and right of minorities to manage their own institutions.
6. Right to Constitutional Remedies (Article 32): Right to go to the Supreme Court if any of these rights are violated. Known as the “heart and soul” of the Constitution (Dr. Ambedkar).
Enforceable in courts: You can directly approach the courts if your rights are violated.
Not absolute: Rights can have reasonable restrictions (for public order, morality, security).
During National Emergency, most rights can be suspended except Articles 20 and 21.
Parliament can amend or limit these rights through constitutional amendments.

9. Directive Principles of State Policy (DPSP – Part IV, Articles 36–51)

These are guidelines for the government while making laws and policies.
They aim to promote social and economic justice and make India a welfare state.
Not enforceable in courts: If government doesn’t follow DPSPs, citizens cannot go to court.
But they are still very important and the Constitution calls them “fundamental in the governance of the country.”
Categories of DPSPs:
1. Socialistic: Ensure social and economic equality — like equal pay for equal work, right to work, education, etc.
2. Gandhian: Inspired by Gandhiji’s ideas — like village panchayats, cottage industries, ban on cow slaughter.
3. Liberal-Intellectual: Related to good governance — like equal justice, international peace, uniform civil code, etc.
In Minerva Mills case (1980):
Supreme Court said balance between Fundamental Rights and DPSPs is essential.
One should not be destroyed for the other.

10. Fundamental Duties (Part IV-A, Article 51A)

Not part of the original Constitution.
Added by 42nd Constitutional Amendment Act, 1976 (during Emergency), based on Swaran Singh Committee recommendations.
86th Amendment Act, 2002 added the 11th Fundamental Duty (regarding education).
There are 11 Fundamental Duties in total.

Some important duties include:

Respect the Constitution, National Flag, and National Anthem.
Uphold sovereignty, unity, and integrity of India.
Promote harmony and brotherhood among all people.
Value and preserve India’s composite culture.
Protect and improve the natural environment.
Develop scientific temper, humanism, and inquiry.
Safeguard public property.
Provide education to children (parents' duty – added in 2002).

🔹 These duties act as reminders to citizens about their responsibilities.
🔹 Like Directive Principles, they are non-justiciable (not enforceable in courts).

11. A Secular State

India is a secular state, meaning no official religion.
The Constitution ensures equal respect and protection to all religions.

Key constitutional provisions that ensure secularism:

The word “Secular” added in Preamble by 42nd Amendment Act, 1976.
Article 14: Equality before law.
Article 15: No discrimination based on religion.
Article 16: Equal opportunity in public employment.
Article 25: Freedom of religion (profess, practice, propagate).
Article 26: Rights of religious denominations to manage affairs.
Article 27: No tax for promotion of any religion.
Article 28: No religious instruction in state-funded institutions.
Article 29: Right to conserve distinct language or culture.
Article 30: Minority rights to establish educational institutions.
Article 44: Directive for Uniform Civil Code (UCC) to promote secularism in civil matters.

Indian vs Western Secularism:

Western secularism: Complete separation of religion and state (church vs state).
Indian secularism: Equal respect and protection to all religions (positive secularism), suitable for a multi-religious society.

🔹 Communal representation (like separate electorates based on religion) is abolished.
🔹 But reservation for SCs/STs is allowed temporarily for political representation.

12. Universal Adult Franchise

Every Indian citizen aged 18 or above has the right to vote.
This is applicable without discrimination based on caste, religion, race, sex, literacy, wealth, etc.
61st Constitutional Amendment Act (1988) reduced voting age from 21 to 18 years (effective from 1989).

Significance:

Makes Indian democracy broad-based and inclusive.
Boosts self-respect and participation of the common people.
Upholds the principle of equality.
Helps minorities and weaker sections to protect their interests.

🔹 A bold and progressive step considering India's vast population, poverty, and illiteracy at the time of independence.

13. Single Citizenship

Despite having a federal structure, India provides for only one citizenship – Indian citizenship.
No separate state citizenship (unlike the USA where dual citizenship exists – national and state-level).

Features:

All Indians enjoy the same rights and duties, regardless of the state they belong to.
Promotes national integration and unity.

🔹 However, India still faces caste, communal, linguistic and ethnic tensions, which show the ideal of national unity is still a work in progress.

14. Independent Bodies

The Constitution establishes independent institutions to maintain democracy and integrity in governance.

Major independent bodies:

Election Commission
- Conducts free and fair elections to Parliament, State Legislatures, President, and Vice-President.
Comptroller and Auditor General (CAG)
- Audits government accounts of Centre and states.
- Guardian of the public purse – ensures money is spent legally and wisely.
Union Public Service Commission (UPSC)
- Conducts exams for All-India Services and Central Services.
- Advises President on recruitment and disciplinary matters.
State Public Service Commissions (SPSCs)
- Similar role at the state level.

Independence ensured through:

Security of tenure.
Fixed service conditions.
Expenses charged from Consolidated Fund of India (no parliamentary vote needed).
Non-interference by the executive.

🔹 These institutions are pillars of constitutional democracy and act as watchdogs to prevent misuse of power.

15. Emergency Provisions

The Constitution includes special provisions to deal with extraordinary situations.
Objective: To protect the sovereignty, unity, integrity, security, and the democratic system of India.

Types of Emergencies:

National Emergency (Article 352)
- Grounds: War, external aggression, or armed rebellion.
- Imposed across the country or in specific regions.
State Emergency / President’s Rule (Articles 356 & 365)
- Article 356: When a state fails to function according to constitutional provisions.
- Article 365: When a state fails to comply with the Centre’s directions.
Financial Emergency (Article 360)
- When the financial stability or credit of India is threatened.

Effects:

Centre becomes powerful, and states come under its control.
Federal structure turns unitary (temporarily) without a formal amendment.

🔹 This flexible shift from federal to unitary is a unique feature of the Indian Constitution.

16. Three-tier Government

Originally, India had dual polity – Centre and States.
73rd & 74th Amendments (1992) added a third tier – Local Governments (Rural & Urban).

Key Additions:

73rd Amendment (1992)
- Recognized Panchayats (rural bodies).
- Added Part IX and 11th Schedule (29 subjects).
74th Amendment (1992)
- Recognized Municipalities (urban bodies).
- Added Part IX-A and 12th Schedule (18 subjects).

🔹 India became the first country to constitutionally recognize local self-government as a separate third tier.

17. Co-operative Societies

97th Constitutional Amendment Act (2011) gave constitutional status to co-operative societies.

Key Changes Made:

Right to form co-operative societies made a Fundamental Right under Article 19(1)(c).
Added Article 43-B – A Directive Principle to promote co-operatives.
Inserted Part IX-B (Articles 243-ZH to 243-ZT) – titled "The Co-operative Societies".

Objectives:

To ensure co-operatives function in a democratic, professional, autonomous, and economically sound manner.
Parliament can make laws for multi-state co-operatives.
State legislatures can make laws for co-operatives within the state.

🔹 This amendment aimed to strengthen the co-operative movement and improve their accountability.

CRITICISM OF THE CONSTITUTION

Salient Features of the Indian Constitution – Polity UPSC Notes