Indian Constitution and Its Salient Features
Indian Constitution and Its Salient Features
Submitted By: -
D.O.S: 25/08/2022
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INDEX
2 Functions of a Constitution 4
9 Conclusion 16
10 Bibliography 17-19
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INTRODUCTION 1
➢ The constitution is a political frame based on which principles or laws of a country are
formulated. Under the constitution, the rights and duties of citizens are described. The
relationship of people with governments is decided by the constitution.
➢ The vast majority of contemporary constitutions describe the basic principles of the state,
the structures and processes of government and the fundamental rights of citizens in a higher
law that cannot be unilaterally changed by an ordinary legislative act. This higher law is
usually referred to as a constitution.
➢ The content and nature of a particular constitution, as well as how it relates to the rest of the
legal and political order, varies considerably between countries, and there is no universal
and uncontested definition of a constitution. Nevertheless, any broadly accepted working
definition of a constitution would likely include the following characteristics: A constitution
is a set of fundamental legal-political rules that:
➢ (1) are binding on everyone in the state, including ordinary law making institutions;
➢ (2) concern the structure and operation of the institutions of government, political principles
and the rights of citizens;
➢ (3) are based on widespread public legitimacy;
➢ (4) are harder to change than ordinary laws (e.g. a two-thirds majority vote or or a
referendum is needed);
➢ (5) as a minimum, meet the internationally recognized criteria for a democratic system in
terms of representation and human rights.
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1. Constitutions can declare and define the boundaries of the political community. These
boundaries can be territorial (the geographical borders of a state, as well as its claims to any
other territory or extraterritorial rights) and personal (the definition of citizenship). Thus, a
constitution often distinguishes between those inside and outside the polity.
2. Constitutions can declare and define the nature and authority of the political
community. They often declare the state’s fundamental principles and assumptions, as well as
where its sovereignty lies. For Example, the French Constitution declares that ‘France is an
indivisible,secular, democratic and social Republic’ and that ‘National sovereignty belongs to
the people, who exercise it through their representatives and by means of referendums’. The
Constitution of Ghana (1992) states that ‘TheSovereignty of Ghana resides in the people of
Ghana in whose name and for whose welfare the powers of government are to be exercised’.
3. Constitutions can express the identity and values of a national community. As nation-
building instruments, constitutions may define the national flag, anthem and other symbols,
and may make proclamations about the values, history and identity of the nation.
4. Constitutions can declare and define the rights and duties of citizens. Most
constitutions include a declaration of fundamental rights applicable to citizens. At a minimum,
these will include the basic civil International IDEA 72. The fundamentals of constitutional
liberties that are necessary for an open and democratic society (e.g. the freedoms of thought,
speech, association and assembly; due process of law and freedom from arbitrary arrest or
unlawful punishment). Manyconstitutions go beyond this minimum to include social,
economic andcultural rights or the specific collective rights of minority communities.And
some rights may apply to both citizens and non-citizens, such as theright to be free from
torture or physical abuse.
5. Constitutions can establish and regulate the political institutions of the community.
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7. Constitutions can declare the official religious identity of the state and demarcate
relationships between sacred and secular authorities. This is particularly important in
societies where religious and national identities are interrelated, or where religious law has
traditionally determined matters of personal status or the arbitration of disputes between
citizens.
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All know about our rights and fundamental rights. But who gives us these rights? It is The Indian
Constitution.
The Constitution of India is the supreme law of India. It frames fundamental political principles,
procedures, practices, rights, powers, and duties of the government. It imparts constitutional
supremacy and not parliamentary supremacy, as it is not created by the Parliament but, by a
constituent assembly, and adopted by its people, with a declaration in its preamble. Parliament
cannot override it.
The world’s longest constitution is the Indian’s constitution. At its commencement, it had 395
articles in 22 parts and 8 schedules. It consists of approximately 145,000 words, making it the
second largest active constitution in the world. Currently, it has a preamble, 25 parts with 12
schedules, 5 appendices, 448 articles, and 101 amendments.
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1. The Constitution of India was framed by a constituent Assembly set up under the Cabinet
Mission Plan of 1946. The Assembly held its first meeting on December 9, 1946, and
elected Dr. Sachhidannand Sinha, the oldest member of the Assembly, as the Provisional
President
2. In 1938, Jawaharlal Nehru, on behalf of the INC declared that ‘the Constitution of free India
must be framed, without outside interference, by a Constituent Assembly elected on the
basis of the adult franchise’.
3. The demand was finally accepted in principle by the British Government in what is known
as the’ August Offer’ of 1940. In 1942, Sir Stafford Cripps, a member of the cabinet, came
to India with a draft proposal of the British Government on the framing of an independent
Constitution to be adopted after World War II.
4. The Cripps Proposals were rejected by the Muslim League which wanted India to be divided
into two autonomous states with two separate Constituent Assemblies. Finally, a Cabinet
Mission was sent to India. While it rejected the idea of two Constituent Assemblies, it put
forth a scheme for the Constituent Assembly which more or less satisfied the Muslim
League.
5. It was under the Cabinet Mission Plan of 1946 that the Constituent Assembly was
constituted to frame a Constitution for India: The Constituent Assembly, which had been
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elected for undivided India and held its first sitting on December 9 1946, reassembled on
August 14, 1947, as the sovereign Constituent Assembly for the Dominion of India.
6. It was elected by indirect election by the members of the Provincial Legislative Assembly
(Lower House only), according to the scheme recommended by the Cabinet Delegation.
The essentials of this scheme were as follows –
● The Provinces elected 292 members while the Indian States were allotted a
maximum of 93 seats,
● The seats in each province were distributed among the three main committees
Muslim, Sikh, and General, in proportion to their respective population.
● Members of each community in the Provincial Legislative Assembly elected their
own representatives by the method of proportional representation with a single
transferable vote,
● The method of selection in the case of representatives of Indian States was to be
determined by consolation. As a result of the Partition under the Plan of June 3,
1947, a separate Constituent Assembly was set up for Pakistan. The representatives
of Bengal, Punjab, Sind, North-Western Frontier Province, Baluchistan and the
Sylhet district of Assam (which had joined Pakistan by a referendum) ceased to be
members of the Constituent Assembly of India, and there was a fresh election in the
new Provinces of West Bengal and East Punjab. (Hence, when the Constituent
Assembly reassembled on Oct. 31, 1947) the membership of the House was reduced
to 299. Of these 284 were actually present on Nov. 26, 1949, and appended their
signatures to the Constitution as finally passed.6
Sovereignty
➢ This entitles supreme, uncontrollable, and absolute powers to the government of our
country. This is the backbone of our Indian constitution and protects the rights of the people.
Sovereignty can be of two types, internal sovereignty and external sovereignty. Internal
sovereignty entitles the states with the power to govern themselves and makes laws in
certain cases if required. In contrast, external sovereignty declares government as the
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7https://madhyapradesh.pscnotes.com/mppsc-mains-new-syllabus-paper-2/paper-2-constitution-and-
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Socialist
➢ It is one of the most important parts of the objectives of the Indian constitution. Socialism
ensures equality among people and ensures their welfare. The main purpose of adding
socialistic features to the Indian constitution is to ensure fair and equal opportunities for all
concerning income and status. Socialism expels capitalism which is considered to be a threat
to the economy. The main motto of this objective is to end all forms of discrimination and
exploitation of any person based on their religion, caste, region, or creed. 8
Secularism
➢ This objective of the Indian constitution was introduced to ensure the maintenance of peace
among different communities. It ensures the development and unity of various communities
and religions. Secularism was added as a part of the Indian constitution during the 42nd
amendment. Articles 25 to 28 of the Indian constitution ensure freedom of religion and
prohibit any discrimination on the ground of religion. It is one of the aims and objectives of
the salient features of the Indian constitution, and it was added to make clear that religion
has no place in the matters of the state.
Democratic
Republic
➢ This concept was inspired by the constitution of France. It entitles people to the power to
elect their representatives. The concept of a republic lays down the foundation of our
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country’s government by ensuring that there will be no hereditary ruler, and the elections
will be held at regular intervals of times to elect a representative and ruler of the people.
Republic Indian is among the most important aims and objectives of the salient features of
the Indian constitution.
➢ The objectives of the Indian constitution also include social, economic, and political justice
and the liberty to follow any religion, any job, any work without the interference of the state.
All the citizens of India are entitled to a basic set of fundamental rights that ensure and
protect their interests. Freedom of expression, thought, belief, religion, worship, and faith
are ensured to every single citizen of the country.
Dignity
➢ The constitution entitles every person to live their life with dignity. The government ensures
quality life to all its citizens under Part 4 of the constitution. Every citizen has the right to
live a meaningful life, and no one in any way can interfere in their way of living.9
Salient features of Indian Constitution, as we all know is the supreme law of the country and every
citizen of our country has to follow the constitution. The Indian constitution is a very detailed
constitution. The Constitution of India is one of the finest-crafted Constitutions in the World. This
Constitution is made by the Constituent Assembly under the Cabinet mission plan. This Constituent
Assembly started its work from 26 November 1946. That’s why every year we celebrate
Constitution Day on 26 November. It took 2 years, 11 months and 18 days to complete our
Constitution. It was on 26th November 1949 that the Indian Constitution was finally adopted, after
close to 3 years of intense debates and discussions among the members of the Constituent
Assembly, and it came into force on 26th January 1950.
The Constitution of India is considered as a distinctive constitution around the globe. It is the largest
written liberal democratic constitution of the world. It offers for a mixture of federalism and
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The Constitution of India was outlined by a Constituent Assembly. This Assembly was an indirectly
chosen body. It had laid down certain ideals to be included in the Constitution. These ideals
included commitment to democracy, guarantee to all the people of India, Justice, equality and
freedom. It had also proclaimed that India will be a Democratic Republic.
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can change their government through elections. No government can
remain in power that does not enjoy the trust of the people.
7. India is a republic: –
➢ The preamble declares India a republic. India does not have the rule of an
emperor or a nominated chief. India has an elected head of state (the
President of India), who holds the office for a fixed period of 5 years. The
people of India indirectly elect their President, after every five years.
8. India is a union of states: –
➢ ‘The Term Union of State’ shows two important facts: –
■ It is not the result of a voluntary agreement between the
sovereign states of the Indian Union, and
■ States of India do not enjoy the right to secede (withdraw) from
the Union. The Indian centre now has 28 states and 7 union
territories.
9. Mixture of Federalism and Unitarianism: –
➢ Describing India as a union of states, the constitution provides a federal
structure with a unitary spirit. Scholars have described India as co-quasi-
federation or as a federation with a unitary bias, or even as a unitary union.
➢ Like the Federation, the constitution of India provides for: –
■ Division of powers between centre and states,
■ A written, rigid and supreme constitution,
■ Independent judiciary with power to decide centre-state disputes
and
■ Dual administration i.e. central and state administration.
➢ India is a federation with few Unitarian facilities. This mixture of
federalism-unitism has been taken into account both due to the pluralistic
nature of society and the presence of regional variations, as well as the
need to preserve the unity and integrity of the nation.
10. Mixture of rigidity and flexibility: –
➢ The Constitution of India is somewhere rigid. Some of its provisions can be
amended in a difficult way while others can be amended very easily. In
some cases, the Central Parliament may amend parts of the Constitution by
passing a simple law.
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freedom of conscience, religion and worship. Any person can
follow any religion. It gives freedom to all religions to establish
and maintain their religious institutions. No person can be
obliged to pay any tax for the promotion of any religion. The
state cannot levy tax for any religion and the constitution
prohibits the imposition of religious instructions in schools and
colleges.
■ Cultural and educational rights: – The constitution under this
category guarantees the rights of minorities to maintain and
develop their languages and cultures. It also confers the right to
establish, maintain and administer their educational institutions.
■ Right to constitutional remedies (Art. 32): – This fundamental
right is the soul and heart of the entire Bill of Rights. This right
provides for the enforcement and protection of all fundamental
rights by the courts. It empowers the Supreme Court and the
High Courts to issue writ for the enforcement of these rights.
12. National Human Rights Commission (NHRC) and State Human Rights
Commission and Protection of Human Rights: –
➢ Protection of Human Rights Act was enacted to protect the human rights of
all the people in 1993 it was passed by the Central Parliament. The
National Human Rights Commission was established under this. It is
headed by the former Chief Justice of India. It functions as an independent
commission with a civil court status. It works to prevent the violation of
human rights of the people.
➢ In its cases of human rights violations, the NHRC may order compensation
to the victims. Several states, human rights commissions are also working
to protect human rights. India is fully committed to protecting the human
rights of all the people of the world.
13. Fundamental Duties of the citizens: –
➢ The Constitution in its Part IVA (Article 51A) describes the fundamental
duties of the following citizen: –
■ Honouring the constitution, national flag and national anthem;
■ To cherish the noble ideals of the freedom struggle.
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members. There are 21 seats in orissa out of which some seats are
reserved for SC and ST class people.
➢ Members of the lok sabha are directly elected by the people of India. All
men and women 18 years of age and above, whose names are listed in the
voter lists, vote for the election of members of the lok sabha.
➢ Voters 25 years of age or older are eligible to contest in the lok sabha. The
term of the lok sabha is 5 years. But the President working under the advice
of the Prime Minister can dissolve it even earlier.
16. Parliamentary system: –
➢ The constitution of India provides for a parliamentary system of
government in each state of the union as well as the center. The President
of India is the constitutional head with nominal powers. The Union council
of ministers headed by the Prime Minister is the de facto executive.
Ministers are essentially members of the central Parliament.
➢ The Council of Ministers is collectively responsible before the Lok Sabha
for all its policies and decisions. The Lok Sabha can remove the ministry
by passing a no-confidence motion. The cabinet, indeed the Prime
Minister, has the power to dissolve the Lok Sabha by the President. A
parliamentary government is also working in every state along the same
lines.
17. Universal-Adult Franchise: –
➢ Another feature of the constitution is that it provides for universal adult
suffrage. All men and women have equal rights to vote. Every adult man
and woman over the age of 18 has the right to vote. All registered voters
have the opportunity to vote in elections.
18. Single integrated state with single citizenship: –
➢ India is a single, independent and sovereign unified state. It currently has
28 states and 7 union territories. All citizens enjoy equal citizenship. They
are entitled to equal rights and freedoms, and equal protection of the state.
19. Single Integrated Judiciary: –
➢ The Constitution provides for a single unified judicial system for the Union
and the States. The Supreme Court of India operates at the top level, the
High Court at the state level and other courts operate under the High
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Courts.
➢ There are 21 State High Courts functioning in all parts of India. The Orissa
High Court has been in existence since 1948 and is located in Cuttack. The
Supreme Court is the Supreme Court of the land. It controls and runs the
judicial administration of India.
20. Independence of judiciary: –
➢ The Indian Constitution makes the judiciary truly independent. This is clear
from the following facts: –
■ Judges are appointed by the President,
■ Only persons with high legal qualifications and experience are
appointed as judges,
■ Judges of the Supreme Court cannot be removed from office
except in an extremely difficult process of implementation.
■ The salary of judges is very high,
■ The Supreme Court has its own staff. The Indian judiciary has
an autonomous organization and status. It operates as an
independent and powerful judiciary.
21. Judicial review: –
➢ The constitution is the supreme law of the land. The Supreme Court acts as
the custodian and interpreter of the constitution. It also works as the
protector of the fundamental rights of the citizen of India.
➢ It exercises the power of judicial review for this purpose. By this, the
Supreme Court determines the constitutional validity of all laws made by
legislatures. It can reject any law that is found to be unconstitutional.
22. Judicial activism: –
➢ At present, the Indian judiciary is becoming more and more active towards
the performance of its social obligations.
➢ Through a more active exercise of its powers vis-à-vis the Public Interest
Litigation System (PIL), the Indian judiciary is now very actively trying to
secure all public demands and needs under state laws and policies.
23. Emergency provisions: –
➢ The Constitution of India has special provisions to deal with emergencies.
It identifies three types of potential emergencies: –
■ National Emergency (Article 352); emergency arising from war
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against India or external aggression or threat of external
aggression or armed rebellion within or any part of India;
■ Constitutional Emergency in a State (Article 356); emergency
arising due to failure of constitutional machinery in a state; or
some states and
■ Financial emergency (Article 360) is an emergency, which is a
threat to India’s financial stability.
➢ The President of India has been empowered to take appropriate steps to
deal with these emergencies. During the period of an emergency, the
powers of the President, in fact the PM and the Union Council of Ministers
are a tremendous increase. The President can take all steps necessary to
meet an emergency. These are called emergency powers of the President.
24. Special provisions relating to scheduled castes and scheduled tribes: –
➢ With a view to protect the interests of the scheduled castes and scheduled
tribes, the constitution advocates certain special provisions. It provides for
reservation of seats in the assemblies for the scheduled castes and
scheduled tribes.
➢ The President may nominate the Lok Sabha, in the event of the Anglo-
Indian community having no more than two members, he opines that the
community does not have adequate representation in the House.
25. Provisions regarding language: –
➢ The constitution makes special provisions for defining the language of
the Union, the regional languages and the language of the Supreme
court and High courts.
➢ It states that Hindi will be the official language of the Sangh in
Devanagari script. But at the same time, it also provides for the
continuation of the English language. A state legislature may adopt the
language of the province as its official language.
➢ English remains the language of the Supreme Court and High Courts.
The constitution gives a directive to the Sangh to develop and
popularize Hindi.
➢ In its eighth schedule, the constitution recognizes 22 modern Indian
languages: - Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri,
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CONCLUSION
The Indian constitution is set up to ensure equal rights to everyone and to entitle people with the
power to select their leader, practice their religion and choose the work portfolio that they like. The
main objectives of the Indian constitution include sovereignty, socialism, secularism,
democracy, and republic. Apart from this, justice, liberty, and fraternity are also a part of
the objectives of the Indian constitution.
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