The Salient Features of the Indian Constitution
“If I find the constitution being misused, I shall be the first to burn it.” “Constitution is not a mere
lawyer’s document, it is a vehicle of Life, and its spirit is always the spirit of Age.”
(Dr. B.R. Ambedkar)
Indian Constitution is one of the most comprehensive and well-drafted constitutions in the
world.
The Indian Constitution opens with a preamble. The Constitution’s aims, goals, and fundamental
precepts are outlined in the Preamble.
According to the nation’s requirements, our Constitution has incorporated the best elements of
most major international constitutions.
The Lengthiest Constitution in the World
Blend of Rigidity and Flexibility
A Federation with Strong Centralizing Tendency
Parliamentary Form of Government
Single Citizenship
Rule of Law
Separation of Power
Independent Judiciary
FRs
DPSP
Fundamental Duties
Adult Suffrage
Emergency Provisions
Amendment of the Constitution
1. The Lengthiest Constitution in the World- Constitutions is classified into written, like the American
Constitution, or unwritten, like the British Constitution. The Constitution of India is the lengthiest of all
the written Constitutions of the world. It is a very comprehensive, elaborate and detailed document.
2. Blend of Rigidity and Flexibility- The Constitution of India is neither rigid nor flexible but a synthesis
of both. A rigid Constitution is one that requires a special procedure for its amendment while flexible
Constitution is one that can be amended in the same manner as ordinary laws are made.
3. A Federation with Strong Centralizing Tendency
The term ‘federation’ has nowhere been used in the Constitution. Article 1 describes that India
“is a Union of States” which implies two things: Firstly – Indian federation is not the result of an
agreement by the States; and Secondly – no State has the right to secede from the federation.
The Constitution of India establishes a federal system of Government. It contains all the usual
features of a federation viz., two governments, division of powers, written Constitution,
Supremacy of the Constitution, rigidity of Constitution, independent judiciary and bicameralism.
4. Parliamentary Form of Government
The Constitution of India has opted for the British Parliamentary system of Government rather
than American Presidential System of Government.
The Parliamentary system is based on the principle of co-operation and co-ordination between
the legislative and executive organs while the Presidential system is based on the doctrine of
separation of powers between the two organs.
5. Single Citizenship- In most of the federation, people have double citizenship, citizenship of the Union
and citizenship of one of the several States which form the Union. Every citizen is the citizen of India and
enjoys the same rights of citizenship no matter in which State he resides.
6. Rule of Law
7. Separation of Powers- This doctrine was for the first time properly formulated by the famous Jurist
Montesquieu in his Escript Des Lois and exercised great influence on the French legal system. Doctrine
of separation of powers implies that powers of the three organs of the government viz., Legislative,
Executive and Judiciary should be kept separate from each other.
8. Independence of Judiciary -Independence of Judiciary is essential for impartial adjudication of
disputes between individuals, between Union and State, between Union/State and individuals, between
Union and States or between States inter se. 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. This single system of
courts enforces both the Central laws as well as the States laws. The Supreme Court of India is a federal
court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and the
guardian of the Constitution
9. Fundamental rights-Part III of the Indian Constitution guarantees six fundamental rights to all the
citizens—
(a) Right to Equality (Articles 14-18);
(b) Right to Freedom (Articles 19-22);
(c) Right against Exploitation (Articles 23-24);
(d) Right to Freedom of Religion (Articles 25-28);
(e) Cultural and Educational Rights (Articles 29-30);
(f) Right to Constitutional Remedies (Article 32).
The Fundamental Rights are meant for promoting the idea of political democracy. They operate
as limitations on the tyranny of the executive and arbitrary laws of the legislature.
Justiciable
10. Directive Principles of State policy- The Directive Principles of State Policy contained in Part of the
Constitution set out the aims and objectives to be taken by the state in the governance of the country.
11. Fundamental Duties- By Forty-second Amendment Act, Part IVA has been added to the Constitution
which enumerates certain fundamental duties of the citizens. Originally, ten duties were enlisted in
clause (a) to (j) of article 51A. Clause (k), which imposes duty on parents/wards has been added by the
Constitution (86th Amendment) Act, 2002.
12. Adult Suffrage- In India every person, male or female, who has obtained the age of 18 years, is
entitled to vote in elections to Parliament or State Legislatures. Originally this age limit was 21 years but
after the 61st Amendment Act, 1988 it was reduced to 18 years.
13. Emergency Provisions
The Constitution stipulates three types of emergencies-
a. National Emergency
B. State Emergency
C. Financial Emergency
When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is
known as ‘External Emergency’. On the other hand, when it is declared on the grounds
of ‘armed rebellion’, it is known as Internal Emergency.
14. Amendment of the Constitution
Simple majority
Article 368 of the Indian Constitution mentions two types of amendments to the Indian
Constitution. One type of amendment is by a special majority of the Parliament (Lok Sabha &
Rajya Sabha) and the second type of the amendment is the by a special majority of the
Parliament with the ratification by half of the total states.
Basic Features of the Constitution
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