Salient
Features of the Indian Constitution — Summary Notes
Overview
The Constitution of India — the longest
written Constitution in the world — is a unique blend of federalism,
flexibility, and democracy.
It reflects India’s
unity in diversity, ensuring justice,
liberty, equality, and fraternity for all citizens.
Key Features
1️⃣ Lengthiest Written Constitution
·
Originally: 395
Articles, 22
Parts, 8
Schedules
·
Now (2019): 470
Articles, 25
Parts, 12
Schedules
·
Reasons for length: vast
geography, diversity, administrative detail, and influence of the 1935
Act.
2️⃣ Drawn from Various Sources
|
Source |
Borrowed |
|
Govt. of India Act, 1935 |
Federal scheme, Governor’s office, Judiciary, Emergency |
|
UK (British) |
Parliamentary govt., Rule of law, Single citizenship |
|
USA |
Fundamental Rights, Judicial Review, Impeachment, |
|
Ireland |
Directive Principles, President’s election, RS nomination |
|
Canada |
Strong Centre, Advisory jurisdiction of SC |
|
Australia |
Concurrent List, Freedom of trade, Joint sitting |
|
Germany (Weimar) |
Emergency rights suspension |
|
USSR (Russia) |
Fundamental Duties, Social justice ideals |
|
France |
Republic, Liberty, Equality, Fraternity |
|
South Africa |
Constitutional amendment procedure, Rajya Sabha election |
|
Japan |
Procedure established by law |
3️⃣ Blend of Rigidity and Flexibility
Ø Rigid: Amendments
under Article
368 (Special majority + State ratification).
Ø Flexible: Some
parts amendable by simple
majority (e.g. Schedule changes).
4️⃣ Federal System with Unitary Bias
Ø Features: Dual govt., division of powers, written
Constitution, independent judiciary.
Ø Article 1: India
= “Union
of States” (no right to secede).
Ø Described as:
ü “Quasi-federal” – K.C.
Wheare
ü “Cooperative federalism” – Granville
Austin
ü “Federation with centralising tendency” – Ivor
Jennings
5️⃣ Parliamentary Form of Government
·
Based on British
model (Nominal & Real Executive).
·
Features:
o Collective responsibility
o Majority rule
o Leadership of PM/CM
o Dissolution of lower house
·
Difference: Indian
Parliament not
sovereign; India has an elected
President, not hereditary.
6️⃣ Synthesis of Parliamentary Sovereignty &
Judicial Supremacy
·
Parliament can amend
the Constitution.
·
Supreme Court can review
& strike down unconstitutional laws.
7️⃣ Integrated & Independent Judiciary
·
Single system —
SC → HC → Subordinate courts.
·
Ensures rule
of law, rights
protection, and constitutional
supremacy.
8️⃣ Fundamental Rights (Part III, Articles 12–35)
|
Category |
Articles |
|
Equality |
14–18 |
|
Freedom |
19–22 |
|
Against |
23–24 |
|
Religion |
25–28 |
|
Cultural |
29–30 |
|
Constitutional |
32 |
9️⃣ Directive Principles of State Policy (Part IV)
Ø Not enforceable,
but fundamental
for governance.
Ø Categories:Socialistic,Gandhian,Liberal-intellectual
🔟 Fundamental Duties (Part IV-A, Article 51A)
Ø Added by 42nd
Amendment (1976); one more by 86th
Amendment (2002).
Ø 11 Duties —
remind citizens of responsibilities toward nation & society.
Ø Non-justiciable.
Secular State
Ø No official religion.
Ø Equal protection to all religions — positive
secularism.
Universal Adult Franchise
Ø
Every citizen 18+
years can vote (reduced from 21 → by 61st Amendment, 1988).
Ø
Ensures political
equality.
Single Citizenship
Ø Common citizenship for all Indians — promotes unity
& equality.
🏛️ Independent Constitutional Bodies
Ø Election Commission (ECI) – free & fair elections.
Ø CAG – audits
public accounts.
Ø UPSC / SPSC –
recruitment & advice on civil services.
Emergency Provisions
|
Type |
Article |
Reason |
|
National Emergency |
352 |
War, |
|
State Emergency |
356 / 365 |
Failure of |
|
Financial Emergency |
360 |
Financial |
Three-Tier
Government
73rd Amendment (1992): Panchayats (Part IX, 11th Schedule),74th
Amendment (1992): Municipalities (Part IX-A, 12th Schedule),
Adds Local Self-Government to Indian democracy.
Co-operative Societies
Ø 97th Amendment (2011): Gave constitutional
status to cooperative societies.
Criticisms
|
Criticism |
Rebuttal |
|
Borrowed |
Adapted to |
|
Copy of |
Extensively |
|
Un-Indian |
Reflects |
|
Too |
Necessary |
|
Paradise |
Legal |
Conclusion
The Indian Constitution is a living
document — flexible yet firm, balancing rights with duties, and
federalism with unity.
It is the soul
of Indian democracy, continuously evolving with amendments and
judicial interpretation.


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