Salient Features and Characteristics of
the Constitution of India
3.1 Introduction
• India’s Constitution is special. It is the largest written democratic constitution in
the world.
• It mixes federal (power divided between central and states) and unitary (strong
central control) features. It balances flexibility and strict rules.
• It started on 26th January 1950 and has guided India’s progress since then.
• Some important points about the Constitution are discussed below.
3.2 Constitution
• India’s Constitution is a fully written document that includes all laws of the
country.
• It was discussed in detail and approved by the Constituent Assembly.
• It took 2 years, 11 months, and 18 days to make the Constitution.
• The Constitution has 448 Articles, divided into 25 parts.
• It covers both the central and state governments.
• It is much bigger than:
o The US Constitution, which has only 7 Articles
o The French Constitution, which has 89 Articles
3.3 Self-made and Enacted Constitution
• India’s Constitution was made by the people of India through their elected
representatives in the Constituent Assembly formed in December 1946.
• The first meeting of the Assembly was on 9th December 1946.
• The Objectives Resolution was passed on 22nd January 1947.
• After that, they started writing the Constitution and finally approved it on 26th
November 1949.
• It became fully active from 26th January 1950.
• We celebrate this day as Republic Day because India made and accepted its own
Constitution.
3.4 The Preamble of the Constitution
• The Preamble is the introduction to the Constitution. It explains the goals and
purpose of the Constitution.
• It says India is a:
o Sovereign (independent),
o Socialist (fair to all),
o Secular (no official religion),
o Democratic (people choose their leaders),
o Republic (no king or queen)
o And a Welfare State (cares for its people).
Key Terms from the Preamble of the Constitution
1. Sovereign
India is an independent country. It is not controlled by any other nation and has
the full authority to make its own laws and decisions.
2. Socialist
The government aims to reduce the gap between the rich and the poor and works
to provide equal opportunities for everyone in society.
3. Secular
India does not have an official state religion. All religions are treated equally, and
every citizen has the freedom to follow their own religion.
4. Democratic
In a democracy like India, people have the right to choose their leaders through
free and fair elections. The government is formed by the representatives elected
by the people.
5. Republic
The head of the state in India is not a monarch but an elected representative. The
President of India is chosen by an electoral process, making India a republic.
3.5 India is a Democratic Socialist State
• From the beginning, India followed the idea of democratic socialism, but the
word ‘Socialism’ was officially added to the Preamble in 1976.
• Today, socialism is considered an important part of the Indian Constitution.
• India aims to give social, economic, and political justice to all its people.
• This means stopping all unfair treatment and making sure income, resources,
and wealth are shared fairly.
• All of this should happen in a peaceful, lawful, and democratic way.
3.6 India is a Secular State
• India does not give special status to any religion.
• This makes India different from countries like Pakistan, which have an official
religion.
• In India, all religions are treated equally, and people have the freedom to
follow any religion.
• The Constitution gives the Right to Religious Freedom to every citizen.
3.7 India is a Democratic State
• The Constitution of India gives us a democratic system, where the people have
the power.
• Everyone has equal political rights.
• People use these rights to vote and take part in politics. They choose their
leaders.
• Elections are held regularly in a free and fair way.
• The government works for the people and is answerable to them.
• People can change the government by voting in elections.
• If a government loses people’s trust, it cannot stay in power.
• India is the largest democracy in the world.
3.8 India is a Republic
• The Preamble says that India is a Republic.
• That means India has no king or queen as head of the country.
• India has a President, who is elected for 5 years.
• The President is not chosen directly by the people but is elected indirectly
every 5 years.
3.9 India is a Union of States
• Article 1 of the Constitution says: “India, that is Bharat, is a Union of States.”
• This means:
o States in India do not have the right to leave the Union.
o Today, India has 28 States and 7 Union Territories.
3.10 A Mixture of Federalism and Unitarianism
• India is described as a Union of States and has a federal system with a unitary
spirit.
• Scholars call it a “Quasi-Federation” (not a complete federation) or a “Unitary-
biased federation.”
• Like a federation, India has:
o A single written Constitution.
o A strong and independent judiciary to settle disputes between states.
o Separate governments for the central and states.
• But India also shows unitary features:
o The central government is very strong.
o There are provisions like single citizenship, emergency powers, a
common election system.
3.11 A Mixture of Rigidity and Flexibility
• The Indian Constitution is both strict and flexible.
• Some parts are difficult to change, while others are easy to change.
• In some cases, Parliament can change the Constitution using a simple method.
• Article 368 explains how changes (amendments) can be made:
o Most changes require a special process:
▪ The change must be approved by two-thirds of members present
in both Houses of Parliament.
o Some changes also need approval from more than half of the states after
being passed in Parliament.
• So, the Constitution of India is partly rigid and partly flexible.
3.12 Fundamental Rights
• Part III (Articles 12 to 35) of the Constitution gives important rights to all Indian
citizens.
• These are known as the Indian Bill of Rights.
• Originally, there were 7 rights, but now only 6 remain after the Right to
Property was removed in 1979.
The Six Fundamental Rights Are:
✅ Right to Equality (Articles 14–18)
• Everyone is equal before the law.
• No discrimination is allowed.
• Everyone should get equal opportunities.
• Untouchability and titles (like royal titles) are abolished.
✅ Right to Freedom (Articles 19–22)
It includes 6 basic freedoms:
1. Freedom of speech and expression
2. Freedom to move anywhere in India
3. Freedom to live anywhere in India
4. Freedom to choose any job or work
5. Freedom to form groups or unions
6. Freedom to hold meetings peacefully (without weapons)
• It protects people’s personal freedom and ensures fair treatment by law.
• The Right to Education for children aged 6–14 years is now part of this (Article
21A).
• Article 22 protects people from being arrested unfairly.
✅ Right against Exploitation (Articles 23 & 24)
• Stops human trafficking, child labor, and forced labor (begging or working in
dangerous places).
✅ Right to Freedom of Religion (Articles 25–28)
• Every person has the right to choose and follow any religion.
• No one can be forced to follow any religion.
• The government cannot collect tax for promoting any religion.
• Religious minorities can run their own religious schools.
✅ Cultural and Educational Rights (Articles 29–30)
• Minorities can protect their language, culture, and set up their own schools.
✅ Right to Constitutional Remedies (Article 32)
• This right is called the “heart and soul” of the Constitution.
• It lets people go to courts to protect their fundamental rights.
• The Supreme Court and High Courts can help enforce these rights.
Fundamental Duties (Article 51A)
Every Indian citizen should:
1. Respect the Constitution, national symbols like the Flag and Anthem.
2. Follow the ideals of freedom fighters.
3. Respect the country’s unity and freedom.
4. Defend the country and serve when needed.
5. Promote harmony among all communities.
6. Preserve India’s culture and heritage.
7. Protect nature and animals.
8. Grow scientific thinking and the spirit of progress.
9. Protect public property and avoid violence.
10. Work for progress in all fields.
11. Send children aged 6 to 14 years to school (added by the 86th Amendment in
2002).
Emergency Provisions
• These are special powers for times of crisis.
They are explained in Articles 352 to 360.
1. Article 352 – National Emergency
• Declared when there is war, external aggression, or armed rebellion.
• Can be applied to the entire country or a part of it.
• Fundamental Rights (except Articles 20 and 21) can be suspended.
• Must be approved by both Houses of Parliament within 1 month.
• Once approved, it remains for 6 months and can be extended.
Historical Examples:
• 1962: During war with China
• 1971: During war with Pakistan
• 1975: Internal Emergency declared by Indira Gandhi
2. Article 356 – State Emergency (President’s Rule)
• Declared when a state government fails to run as per the Constitution.
• The President takes control of the state's administration.
• State legislature is suspended or dissolved.
• Must be approved by Parliament within 2 months.
• Can last for 6 months at a time, up to a maximum of 3 years.
• The Governor runs the state on behalf of the President.
• The Parliament makes laws for the state
Punjab (1987–1992):
• Due to rising terrorism and political instability, President’s Rule was imposed
for 5 years, the longest in Indian history.
3. Article 360 – Financial Emergency
• Declared when there is a threat to the financial stability of the country.
• Central Government can control state finances.
• Salaries of government officials (including judges) can be reduced.
• Must be approved by Parliament within 2 months.
• No time limit – can continue until revoked.
• No, Financial Emergency has never been declared in India till now.
These powers help the central government take quick action to protect the country.
3.13 A Sources of the Constitution
Country/Source What India Took from It
- Fundamental Rights- Independence of the judiciary- Judicial
US Constitution review- Process to remove (impeach) the President- Removal of
judges- Post of Vice-President
- Directive Principles of State Policy- Election method of the
Irish Constitution
President- Nomination of members to Rajya Sabha
Australian - Concurrent List (shared powers)- Freedom of trade and
Constitution movement- Joint sitting of both Houses of Parliament
Weimar Constitution
- Suspension of Fundamental Rights during an emergency
(Germany)
Soviet Constitution - Fundamental Duties- Justice (social, economic, and political) in
(USSR) the Preamble
French Constitution - Ideas of Liberty, Equality, and Fraternity in the Preamble
South African - Procedure to amend (change) the Constitution- Method to elect
Constitution Rajya Sabha members