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2
MODULE II
BASIC FEATURES OF
INDIAN CONSTITUTION
Dr Subhash Kashyap observes, "The constitution of Ins
most comprcensve document. tis unigue many ways ea
te tied in any paicular mould or model. Its blend ofthe Ris
sth Flexible Federal and Unitary, Presidential and Parlamerse
Tanemptsa balance between Fundamental Rights ofthe indie
cathe one hand andthe socio-economic intersts ofthe people nit
Secu ofthe Sate on the other Also itpresens vader:
‘he pencils ofPariamentary Sovereignty and Judicial Suprems
‘he lngian Constitution has several salient features that dsingsh
‘rom other Constitutions ofthe world.
Objectives
The objectives of Indian Constitution were outlined in
Objectives Resolution moved by Jawaharlal Nehru and adopt
ast Assy on nay 22 1947. The min iis
inthe resolution wer:
1. Resolutionto proclaim Indiaasan In Sover
REPUBLIC. ,
To establish a democrat ur
lemoeratic union with an equal level of
GOVERNMENT forallieconstuen part
All powers and autho
fom the PEOPLE,
ly of the Union government are dt
Togs
uarante and secure tall people of india JUSTICE-S%
6
tical. EQUALITY of Status and Opportun
Economic and Poli "
tetore Lav:F REEDOM —of Thought. Expression. Belict
‘Worship, Vocations, Associations & Action
5, Adequate safeguards for Minorities Backward and Thal
Depressed and Other Backward Classes
jights and Honoured Place in the
6, To secure for India its Ri
World
“Fo maintain the Integrity of the Territory of Republic and its
Sovereign Rights on Land, Sea and Air according to justice and
Lawof civilized nations.
8, Tocontribute to the promotion of World Peace an
Mankind, ‘These objectives were incorporated inthe Prea
of the Constitution.
Following are the salient features ofthe constitution of India
We
imble
1. Lengthiest Written Constitution
‘The Indian constitutions the lengthiest, comprehensiv<.
and detailed of all the writen constitutions of the world Itrelects the
sum total ofthe socio-economic and political background of the nation
and to provide forthe solution of all problems of administration ang
In the words of Iver Jennings. ~ The
‘governance of the country
Indian constitution isthe longest and most detailed in the world
Originally the constitution Gonsisted ofa preamble. 39S articles
‘and 8 schedules, Presently it consists of a preamble, 395 article.
(divided into 22 parts) and 12 schedules. The various amendments
‘earried out since 1951 have de! andone
part(VH) and added about eig
(V-A, XA and NIV-A) and fue schedules (940-12), Whereas the
‘onstitution of America contains only seven Articles, Canada 7,
Australia 128 and South Attica 153 Articles
J about twenty antic
articles (attached) .theee parts
he extraoeinary bulk of the constgation is due to many seasons, ofether countries oe
the vastness ofthe country ands historical, Beographica,
rn politica influences
o atve problems of relation between the Cen,
Meares welas inter States coordination,
44 tisanenargmento te GoveramentofndiaAct 1935,
itself was bulky document. /
«.ithasa federal constitution and well-defined division ofp,
‘erween the Union and the States.
itembodiesan elaborates of Fundamental Rights-s59.j,
“ofthe Directive Priniples of State Policy.
italso established number of independent bodies like Cy y
LUPSC, Election Commission, Finance Commission, et,
the predominance of the Jawyer-element in the making i,
constitution isan another contributory factor for being lng
h. the constitutional amendments again increase the sizeof
constitution,
yg
2. Drawn From Various Sources
The Constitution of India has borrowed most of its provise
from the constitutions of other countries. The structural pats.
large extent, from Government of India Act [Link] philosoptit
par from U.S.A (FR’s) and Irish (DPSP). The political pats
constitution ~ has been drawn largely from U.K (Parliament
system). The federal structure of Indian Constitution is essen!
the model of Canadian federation, though there are some consi
\ithAustalian and American constitutions.
‘The other provisions ofthe Constitution have been drawn‘
the constitution of Canada, Australia, Germany, USSR, Fran!
Japan, ands00on. Dr. B.R. Ambedkar observed: “No doubt!”
“5
tution has been called a borrowed one by some people, yet
it ies in this thing that they gathered the best
edit ofits framers lies in this t
ae of other constitutions, avoided the faults which had been
Jelosed in their working ad adapted those features tothe requirement
‘four country. Soifitis ‘patchwork, itisa beautiful patchwork
our consti
3, Borrowed Sources of the Constitution
Govt oflindiaAct 1935. -Federal Scheme, Office of Governor,
Judiciary and U PSC.
U.K. Parliamentary Govt: , Rule of Law, Legislative
procedure, Single Citizenship and Cabinet System.
— Fundamental Rights, Independence of Judiciary
Review, Impeachment of President, Removal of SC
and HC Judges and Post of Vice President.
Irish —D PSP, Nomination to the Members of RajyaSabha
and Method of Election tothe President
5. Canadian— Appointment of Governors, Residuary powers in
the Centre, Federation with a Strong Centre and Advisory
Jurisdictions of the S C.
6 Australian —-Concurrent List Joint Setting of Parliament.
7. Germany - -Suspension of the Fundamental Rights during
Emergency.
8. USSR (Russia) -Fundamental Duties and The Ideal of Justices
inthe Preamble (social, economic & political)
9. France -Republic , Liberty, Equality and Frate
preamble.
10. South Africa —Procedure for amendment ofthe Constitution
and Election of the Members to RajyaSabha.
1
ty in the
[Link] System with Unitary in Spirit
‘The combination of federal and unitary system is a unique
feature of Indian constitution. It contains all the usual features of a 6
sof goverment,
ison of powers between 0 8
somes of a and nid Constitution and loins ae
ee
er of unitary or non-federal features like, a strong centre single
rantr funn in eli ofeorsiaion, iterated