Salient Features of the

'Constitution of India'

7-Feb-2014 Comments (0)

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Constitution of India is unique in itself. Many features of our constitution are
borrowed from various sources around the world. So much so that some
people criticize Indian constitution as being a borrowed constitution. But it
is not true. Though we have borrowed many features we have not accepted
it, as it is. We have modified those provision to suit our need & hence an all
together new provisions have been created & assimilated in our Indian
constitution.
Article 368 & the Constitution
With the help of Article 368 Parliament can amend the constitution.
Every part of constitution can be amended by the Parliament
except basic structure of the constitution as held by the Supreme Court.
Any law which violates the basic structure of the constitution is
declared unconstitutional & invalid by the court.
Features of the Indian Constitution
1. Fundamental Rights
Justiciable in nature (i.e. they are legally enforceable by the court of
law)
It promotes political democracy
Not absolute in nature & have some restrictions
Parliament can amend them but not those provisions that form the
basic structure of the constitution
Suspended during National Emergency (Except Article 20 & 21)
-(Article 20 - Protection in respect of conviction for offences)
-(Article 21 - Protection of life and personal liberty)
2. Fundamental Duties
Non-justiciable in nature (i.e. they are not legally enforceable by the
court of law)
Not present in the original constitution. (Added by 42nd Amendment
Act, 1976 on the recommendation by Swaran Singh committee.)

Reminds people that while enjoying rights they have some duties to do
3. Directive Principles of State Policy
Non-justiciable in nature (i.e. they are not legally enforceable by the
court of law)
Ambedkar described it as novel feature of Constitution
Promotes social and economic democracy
Aims to establish welfare state
4. Lengthiest Written Constitution
Indian constitution is the lengthiest written constitution so far. Reasons
for such a vast length:
Single constitution for Centre and all the states
Mainly derived from Government of India Act, 1935 which itself was
bulky
Geographical factors i.e. the vastness of the country and its diversity
Dominance of legal luminaries in the Constituent Assembly
5. Drawn from various sources
The features of the Indian constitution & their sources are as follows:
Sr.
No.
1
2
3
4
6

Japanese Constitution
South African Constitution
French Constitution
Soviet Constitution
Weimar Constitution of
Germany
Australian Constitution

Canadian Constitution

Irish Constitution

US Constitution

10

British Constitution

Procedure established by law

Procedure for amendment of constitution & election of
Republic and ideals of liberty, equality and fraternity in
Fundamental Duties and the ideal of justice (social, eco
Suspension of Fundamental Rights during emergency

Concurrent List, Freedom of trade, commerce and inter

Federation with a strong centre, vesting of residuary po
jurisdiction of the Supreme Court.
Directive Principles of State policy, nomination of mem
Fundamental Rights, independence of judiciary, judicia
and post of vice-President
Parliamentary government, Rule of Law, legislative proc
and bicameralism

Government of India Act,

Federal scheme, office of governor, judiciary, public ser
1935
6. Rigidity and Flexibility
Indian Constitution is not very rigid as the US constitution nor it is as
flexible as the British constitution.
Synthesis of both
7. Federal System with a strong centre
11

Source

Indian constitution establishes India as the federal system of

government.
Federal system means a political system where is there division of
powers between centre and state.
But Indian federal system is unique in itself as it has a strong centre.
So, Indian Political structure can be rightly described as federal
system with strong centre
8. Three Tier Government
Indian constitution provides three tier government.
Originally, it was two tier i.e. Centre and the State
But by 73rd and 74th Amendment Act, 1992 three tier government has
been established. (Centre, state & local self government)
9. Emergency Provisions (Read in Detail)
Sr. No.
Article
Name of the Emergency
1
Article 352
National Emergency
Proclaimed on the ground
2
Article 356
State Emergency
Proclaimed on the ground
3
Article 365
State Emergency
Proclaimed on the ground
4
Article 360
Financial Emergency
Proclaimed on the ground
10. Independent Bodies
Indian constitution not only provides for the legislative, executive and
judicial organs of the government (Central and state) but also establishes
certain independent bodies for effective & unbiased administration in certain
areas.
Examples of such independent bodies include Election
Commission, Comptroller and Auditor General of India, Union Public Service
Commission, State Public Service Commission, etc.
11. Single Citizenship : People of India have been given single citizenship
even if any person belongs to different state in India.
12. Universal Adult Franchise : Indian constitution adopts universal adult
franchise as a basis of elections to the Lok Sabha and the state legislative
assemblies. (Those above the age of 18 can vote)
13. Secular State : India has no official religion of the Indian State. Any
person in India has the right to preach and practice religion of his choice.
14. Integrated and independent judiciary
Indian judiciary is not controlled by the executive. It is independent in
nature & has no control over it.
Also, it is integrated & hierarchical in nature where Supreme Court is at
the top followed by high court & then subordinate courts.

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15. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

Indian Constitution envisages for a synthesis of Parliamentary
sovereignty and Judicial Supremacy.
Supreme Court on one hand can declare parliamentary laws as
unconstitutional (by judicial review). On the other hand, parliament can
amend the major portion of the Constitution (by constitutional Amendment)
16. Parliamentary form of government
The constitution of India envisages for the British Parliamentary system
of government rather than American Presidential System of Government.
The Parliamentary system is based on the principle of cooperation and
coordination between the legislative and executive organs while the
presidential system is based on the doctrine of separation of powers
between the two organs.
- See more at: http://www.erewise.com/current-affairs/salient-features-of-theconstitution-of-india_art52f4d21832d1e.html#.VFdk5XKSwbA - See more at:
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