What are the Salient Features of the Indian Constitution?

 Lengthiest Written Constitution:

o The Constitution of India is the lengthiest of all the written Constitutions of
the world. It is a very comprehensive, elaborate, and detailed document.
o Originally (1949), the Constitution contained a Preamble, 395 Articles
(divided into 22 Parts) and 8 Schedules.
 Presently (2019), it consists of a Preamble, about 470 Articles (divided
into 25 Parts) and 12 Schedules.

easons for Vastness:

 Geographical factors, that is, the vastness of the country and its diversity.
 Historical factors, e.g., the influence of the Government of India Act, 1935, which
was bulky.
 Single Constitution for both the Centre and the states.
 The dominance of legal luminaries in the Constituent Assembly.
 Detailed administrative provisions.

 A Blend of Rigidity and Flexibility:

o The Constitution of India is neither rigid nor flexible, but a synthesis of both.
o Article 368 provides for two types of amendments:
 Some provisions can be amended by a special majority of the Parliament, i.e.,
a two-thirds majority of the members of each House present and voting, and a
majority of the total membership of each House.
 Some other provisions can be amended by a special majority of the Parliament
and with the ratification by half of the total states.
o Some provisions of the Constitution can be amended by a simple majority of the
Parliament in the manner of ordinary legislative process.
 These amendments do not come under Article 368.

 Federal System with Unitary Bias:

o The Constitution of India establishes a federal system of Government.

o It contains all the usual features of a federation, viz., two Governments, division of
powers, written Constitution, the supremacy of Constitution, rigidity of Constitution,
independent judiciary and bicameralism.
o However, the Indian Constitution also contains a large number of unitary or non-
federal features, viz., a strong centre, single constitution, single citizenship, flexibility
of constitution, integrated judiciary, appointment of state governor by the centre, all-
India services, emergency provisions and so on.
o The term ‘Federation’ has nowhere been used in the constitution.
o Article 1, on the other hand, describes India as a ‘Union of States’ which implies two
things:
 Indian Federation is not the result of an agreement by the states.
 No state has the right to secede from the federation.
o The Indian Constitution has been variously described as ‘federal in form but, unitary
in spirit’, ‘quasi-federal’ by K.C. Wheare, ‘bargaining federalism’ by Morris Jones,
 ‘co-operative federalism’ by Granville Austin, ‘federation with a centralising
tendency’ by Ivor Jennings.

 Parliamentary Form of Government:

o The Constitution of India has opted for the British Parliamentary System of
Government rather than the American Presidential System of Government.
o The Constitution establishes the parliamentary system not only at the Centre, but also
in the states.
o The features of parliamentary government in India are:
 Presence of nominal and real executives
 Majority party rule
 Collective responsibility of the executive to the legislature
 Membership of the ministers in the legislature
 Leadership of the Prime Minister or the Chief Minister
 Dissolution of the lower House (Lok Sabha or Assembly)
o Even though the Indian parliamentary system is largely based on the British pattern,
the two have some fundamental differences.
 For example, the Indian Parliament is not a sovereign body like the British
Parliament.
 The Indian State has an elected head (republic) while the British State has a
hereditary head (monarchy).

 Integrated and Independent Judiciary:

o The Indian Constitution establishes a judicial system that is integrated as well as

independent.
o The Supreme Court stands at the top of the integrated judicial system in the country.
Below it, there are high courts at the state level.
o Under a high court, there is a hierarchy of subordinate courts, that is, district courts
and other lower courts.
o This single system of courts enforces both the central laws as well as the state laws.
o The Supreme Court is a federal court, the highest court of appeal, the guarantor of the
fundamental rights of the citizens, and the guardian of the constitution.
o The Constitution has made various provisions to ensure its independence including
the security of tenure of the judges, fixed service conditions for the judges, etc.
o Fundamental Rights:
o Part III of the Indian Constitution guarantees six fundamental rights to all the
citizens:

Right Articles
Right to Equality 14-18
Right to Freedom 19-22
Right against Exploitation 23-24
Right to Freedom of Religion 25-28
Cultural and Educational Rights 29-30
Right to Constitutional Remedies 32
Directive Principles of State Policy:
 o According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel
feature’ of the Indian Constitution.
o They are enumerated in Part IV of the Constitution.
o They can be classified into three broad categories:
 Socialistic
 Gandhian
 Liberal-intellectual.
o Unlike the Fundamental Rights, the directives are non-justiciable, that is, they are not
enforceable by the courts for their violation.
o The Constitution itself declares that ‘these principles are fundamental in the
governance of the country and it shall be the duty of the state to apply these principles
in making laws’.

 Fundamental Duties:

o The original constitution did not provide for the Fundamental Duties of the citizens.
o These were added during the operation of internal emergency (1975–77) by the 42nd
Constitutional Amendment Act, 1976 on the recommendation of the Swaran Singh
Committee.
o The 86th Constitutional Amendment Act, 2002 added one more fundamental duty.
o The Part IV-A of the Constitution (which consists of only one Article 51-A) specifies
the eleven Fundamental Duties.
o The fundamental duties serve as a reminder to citizens that while enjoying their rights,
they have also to be quite conscious of the duties they owe to their country, their
society, and to their fellow citizens.
o These are also non-justiciable in nature.

 A Secular State:

o The Constitution of India stands for a Secular State.

o It does not uphold any particular religion as the official religion of the Indian State.
o The Indian Constitution embodies the positive concept of secularism, i.e., giving
equal respect to all religions or protecting all religions equally.

 Universal Adult Franchise:

o The Indian Constitution adopts universal adult franchise as a basis of elections to the
Lok Sabha and the state legislative assemblies.
o Every citizen who is not less than 18 years of age has a right to vote without any
discrimination of caste, race, religion, sex, literacy, wealth, and so on.
o The voting age was reduced to 18 years from 21 years in 1989 by the 61st
Constitutional Amendment Act, 1988.

 Single Citizenship:

o The Indian Constitution is federal and envisages a dual polity (centre and state) but it
provides for only a single citizenship, that is Indian citizenship.
 o In India, all citizens irrespective of the state in which they are born or reside enjoy the
same political and civil rights of citizenship all over the country and no discrimination
is made between them.

 Independent Bodies:

o The Indian Constitution establishes independent bodies as key pillars safeguarding the
democratic system of government in India:
 Election Commission to ensure free and fair elections
 Comptroller and Auditor-General of India to audit the accounts of the central
and state governments.
 Union Public Service Commission to conduct examinations for recruitment to
all-India services and higher Central services and to advise the President on
disciplinary matters.
 State Public Service Commission in every state to conduct examinations for
recruitment to state services and to advice the governor on disciplinary
matters.

 Emergency Provisions:

o The Indian Constitution contains elaborate emergency provisions to enable the

President to meet any extraordinary situation effectively.
o The rationality behind the incorporation of these provisions is to safeguard the
sovereignty, unity, integrity and security of the country, the democratic political
system and the Constitution.
o The Constitution envisages three types of emergencies:
 National emergency on the grounds of war or external aggression or armed
rebellion (Article 352).
 State emergency (President’s Rule) on the ground of failure of constitutional
machinery in the states (Article 356) or failure to comply with the directions
of the centre (Article 365).
 Financial emergency on the ground of threat to the financial stability or credit
of India (Article 360).

 Three-tier Government:

o Originally, the Indian Constitution provided for a dual polity and contained provisions
with regard to the organisation and powers of the Centre and the states.
o The 73rd and 74th Constitutional Amendment Acts, 1992 have added a third-tier of
Government (i.e., local) which is not found in any other Constitution of the world.
 The 73rd Amendment Act, 1992 gave constitutional recognition to the
panchayats (rural local governments) by adding a new Part IX and a new
Schedule 11 to the Constitution.
 The 74th Amendment Act, 1992 gave constitutional recognition to the
municipalities (urban local governments) by adding a new Part IX-A and a
new Schedule 12 to the Constitution.

 Co-operative Societies:
 o The 97th Constitutional Amendment Act, 2011 gave constitutional status and
protection to co-operative societies.

What are the Criticisms of the Indian Constitution?

Criticism Debunking

The framers adapted and modified borrowed features to

Borrowed Constitution
suit Indian conditions, avoiding their faults.

Carbon Copy of the While many provisions were borrowed, the Constitution
Government of India is not a mere copy. It incorporates significant changes
Act, 1935 and additions.

Un-Indian or Anti- The Constitution reflects Indian values and aspirations,

Indian despite borrowing from foreign sources.

While not explicitly Gandhian, the Constitution aligns

Un-Gandhian
with many of Gandhi's principles.

The Constitution's detailed nature is essential for

Elephantine Size
managing India's diversity and complexity.

Paradise of the The legal language is essential for clarity and

Lawyers enforceability.

Conclusion

The Indian Constitution is a dynamic and adaptable document, reflecting India's complex
diversity and evolving socio-political landscape. Its blend of rigidity and flexibility, federal
structure with a unitary bias, and the inclusion of fundamental rights and duties make it a
resilient framework for governance. Despite criticisms, the Constitution's borrowed elements
were carefully modified to suit Indian needs, ensuring its relevance and enduring significance
in shaping the nation's democratic principles and institutions.