Features of the Indian Constitution Explained

Background Understanding

When we talk about the Constitution of India, one thing stands out—it is unique in both its content and its spirit. Why unique?
👉 Because although we borrowed many provisions from the constitutions of different countries, we did not simply copy-paste them. Instead, we carefully selected what was suitable for India’s conditions and blended them into a single comprehensive document.

Now, before we understand the salient features, one clarification is important:

• The Constitution of India, as adopted in 1949, is not the same today.
• Over time, through amendments, many of its features have changed.
• For example, important amendments like the 7th, 42nd, 44th, 73rd, 74th, 97th, and 101st reshaped the original framework.

Especially, the 42nd Amendment Act (1976) is called the “Mini-Constitution”, because it made sweeping and large-scale changes across multiple parts of the Constitution.

But here’s the boundary line 🚧:
In the Kesavananda Bharati Case (1973), the Supreme Court ruled that although Parliament can amend the Constitution (Article 368), it cannot alter its Basic Structure. This judgment ensures that the “soul” of the Constitution remains intact.

1. Lengthiest Written Constitution

Now let us begin with the first feature.

(a) Written vs. Unwritten Constitutions

• The American Constitution is written.
• The British Constitution is unwritten (it’s based on customs, conventions, and judicial decisions).
• India chose the written route—but not just written, it became the lengthiest written Constitution in the world.

(b) Size of the Indian Constitution

• Originally (1949): Preamble + 395 Articles + 22 Parts + 8 Schedules.
• Now (2025): Preamble + about 470 Articles + 25 Parts + 12 Schedules.

👉 Over time, nearly 20 Articles and 1 Part (VII) were deleted, while 95 new Articles, 4 new Parts (IVA, IXA, IXB, XIVA), and 4 new Schedules (9, 10, 11, 12) were added.

No other country in the world has such a vast Constitution.

(c) Why so Lengthy?

1. Geographical Factors – India is vast and diverse. Governing such a large and varied country requires detailing.
2. Historical Factors – The Government of India Act, 1935 (a bulky document) influenced the Constitution heavily.
3. Single Constitution for Centre & States – Unlike the USA, where separate constitutions exist for Union and States, India has one single Constitution applicable to both levels of government.
4. Dominance of Legal Luminaries – Many members of the Constituent Assembly were top lawyers. Their tendency was to draft everything in detail to avoid ambiguity.

(d) Scope of the Constitution

Unlike many countries where only fundamental principles are written in the Constitution and the rest is left to ordinary laws or conventions, in India even detailed administrative provisions were included in the constitutional text itself.
👉 Example: Provisions about Public Service Commissions, Elections, Languages, and even Tribal Areas are directly written in the Constitution.

2. Drawn from Various Sources

When Dr. B.R. Ambedkar was asked about the originality of the Indian Constitution, he very confidently said that our Constitution was framed after “ransacking all the known constitutions of the world.”

👉 This means we studied the best practices of many countries and then selected what suited India’s needs.

(a) Three Broad Divisions of Borrowings

1. Structural Part – Mostly from the Government of India Act, 1935 (e.g., federal scheme, emergency powers, governor’s office, public service commissions, judiciary, etc.). In fact, more than half of our Constitution is directly borrowed or closely resembles this Act.
2. Philosophical Part –
   • Fundamental Rights inspired by the US Constitution.
   • Directive Principles of State Policy (DPSP) inspired by the Irish Constitution.
3. Political Part –
   • The concept of Cabinet Government and executive-legislature relations is borrowed from the British Constitution.

(b) Other Sources

• Canada → Federal system + strong Centre + residuary powers with Centre.
• Australia → Concurrent List, joint sitting of Parliament.
• Germany (Weimar Constitution) → Emergency provisions.
• USSR (Russia) → Fundamental Duties, planning principles.
• France → Republic, ideals of liberty, equality, fraternity.
• South Africa → Procedure for constitutional amendment, election of Rajya Sabha members.
• Japan → Procedure of law-making.

👉 Thus, the Indian Constitution is a beautiful blend of global experiences, but adapted for India’s conditions.

3. Blend of Rigidity and Flexibility

Constitutions are usually divided into rigid or flexible:

• Rigid Constitution → Very difficult to amend. Example: USA.
• Flexible Constitution → Can be amended like ordinary laws. Example: UK.

Now the question is—where does India stand?
👉 Our Constitution is a mix of both.

Three Types of Amendments in India

1. By Simple Majority of Parliament – Some provisions (e.g., creation of new states, change of boundaries, citizenship rules) can be amended just like an ordinary law. These are outside Article 368.
2. By Special Majority of Parliament – Requires:
   • Two-thirds of members present & voting, and
   • Majority of the total membership of each House.
     Example: Fundamental Rights, DPSPs.
3. By Special Majority + Ratification by States – Some provisions need approval by at least half of the state legislatures.
   Example: Federal structure, representation of states in Parliament, powers of President.

👉 Therefore, the Indian Constitution is flexible where needed (to respond to changing situations) and rigid where necessary (to protect federal balance and core principles).

4. Federal System with Unitary Bias

The Constitution of India establishes a federal system of government.
✅ It has all the usual features of a federation:

• Two levels of government (Centre & States)
• Division of powers
• Written Constitution
• Supremacy & rigidity of Constitution
• Independent judiciary
• Bicameralism (at the Centre)

But at the same time, it also has many unitary features:

• A strong Centre (residuary powers with Union)
• Single Constitution (unlike USA where states have their own constitutions)
• Single Citizenship
• Integrated Judiciary
• Governor appointed by Centre
• All-India Services (IAS, IPS, etc.)
• Emergency Provisions (which can convert the system into almost unitary).

(a) Why “Union of States”?

• Article 1 calls India a “Union of States” not “Federation of States.”
• This means:
  1. Federation was not the result of an agreement among states (like USA).
  2. States cannot secede from India.

(b) Scholarly Views

• K.C. Wheare → “Quasi-federal”
• Morris Jones → “Bargaining federalism”
• Granville Austin → “Co-operative federalism”
• Ivor Jennings → “Federation with a centralising tendency”

👉 So, India’s system is federal in form but unitary in spirit—a federation with a strong bias towards the Centre.

5. Parliamentary Form of Government

👉 India chose the British Parliamentary System, not the American Presidential System.

(a) Basic Difference

• Presidential System (USA): Based on separation of powers (Executive and Legislature are independent).
• Parliamentary System (UK/India): Based on cooperation and coordination between Executive and Legislature.

(b) Why “Westminster Model”?

• Because the system is based on the British Westminster Parliament.
• Other names: Cabinet Government or Responsible Government.
• In India, this model exists both at the Centre and in the States.

(c) Main Features in India

1. Nominal and Real Executives → President/Governor (nominal) & Prime Minister/CM (real).
2. Majority Party Rule → Party with majority forms the government.
3. Collective Responsibility → Council of Ministers is collectively responsible to Lok Sabha/State Assembly.
4. Dual Membership → Ministers are also members of legislature.
5. Leadership of PM/CM → The real head is Prime Minister/Chief Minister.
6. Dissolution of Lower House → Lok Sabha/Assembly can be dissolved before tenure ends.

(d) India vs. Britain

• India: Parliament is not sovereign (Constitution is supreme).
• UK: Parliament is sovereign.
• India: Elected Head of State (Republic).
• UK: Hereditary Monarch as Head of State.

👉 In practice, whether in Britain or India, the Prime Minister’s role is so dominant that scholars often call it a “Prime Ministerial Government.”

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

(a) British vs. American Tradition

• British Parliament: Parliament is supreme.
• American System: Judicial supremacy; Supreme Court can strike down even Parliament’s laws based on “due process of law.”

(b) Indian Approach – A Balance ⚖️

• Article 21 in India speaks of “procedure established by law” (narrower than US “due process”).
• Yet, our Supreme Court has judicial review powers—it can strike down laws violating the Constitution.
• At the same time, Parliament can amend most parts of the Constitution using its constituent power (Article 368).

👉 Thus, Indian polity is a balanced synthesis:

• Neither absolute Parliamentary sovereignty (as in UK),
• Nor absolute Judicial supremacy (as in USA).

7. Integrated and Independent Judiciary

(a) Integrated Judiciary

• Unlike the USA, which has two parallel systems (federal courts & state courts), India has one single system of courts.
• The hierarchy: Supreme Court → High Courts → Subordinate Courts.
• These courts apply both central and state laws.

(b) Independent Judiciary

The framers ensured judicial independence through provisions like:

• Security of tenure for judges.
• Fixed service conditions (cannot be altered to disadvantage).
• Expenses charged on Consolidated Fund of India (not subject to vote of Parliament).
• No discussion in legislature on conduct of judges.
• Ban on post-retirement practice for Supreme Court judges.
• Power of contempt vested in Supreme Court.
• Separation of judiciary from executive (especially in lower courts).

(c) Role of the Supreme Court

• Federal Court (resolves Centre–State disputes).
• Highest Court of Appeal.
• Guarantor of Fundamental Rights.
• Guardian of the Constitution.

8. Fundamental Rights

(a) Six Fundamental Rights in Part III

1. Right to Equality (Arts. 14–18).
2. Right to Freedom (Arts. 19–22).
3. Right against Exploitation (Arts. 23–24).
4. Right to Freedom of Religion (Arts. 25–28).
5. Cultural & Educational Rights (Arts. 29–30).
6. Right to Constitutional Remedies (Art. 32).

(b) Nature of Fundamental Rights

• Promote political democracy.
• Act as a check on arbitrary actions of legislature and executive.
• Justiciable: enforceable in courts.
• Article 32: Citizens can directly approach the Supreme Court. Dr. Ambedkar called it the “heart and soul of the Constitution.”

(c) Enforcement Tools – Writs by SC/HC

• Habeas Corpus (produce the body).
• Mandamus (command).
• Prohibition (stop proceedings).
• Certiorari (transfer/quash order).
• Quo Warranto (question authority).

(d) Restrictions

• Rights are not absolute → subject to reasonable restrictions.
• Can be amended or even curtailed by Parliament (within Basic Structure).
• During National Emergency, most FRs can be suspended except Arts. 20 & 21 (Protection in criminal laws & Right to life).

9. Directive Principles of State Policy (DPSPs)

Dr. B.R. Ambedkar called the DPSPs a “novel feature” of our Constitution.

(a) Where and What?

• Found in Part IV of the Constitution.
• Aim → To promote social and economic democracy.
• Long-term vision → Establishment of a Welfare State.

(b) Classification of DPSPs

1. Socialistic Principles → Ensure economic justice, prevent concentration of wealth.
2. Gandhian Principles → Village panchayats, cottage industries, prohibition of intoxicating drinks.
3. Liberal-Intellectual Principles → Uniform Civil Code, separation of judiciary from executive, international peace.

(c) Nature of DPSPs

• Non-justiciable → Not enforceable in courts.
• But → The Constitution itself says they are “fundamental in the governance of the country”.
• Hence, they impose a moral duty on the State.
• Real force = Public opinion and political accountability.

(d) Judicial View

• In Minerva Mills Case (1980), Supreme Court held that the Constitution rests on a balance between Fundamental Rights and DPSPs.
  👉 In other words: Rights give individual freedom, DPSPs give social direction. Both together ensure a just society.

10. Fundamental Duties

(a) Historical Background

• Not in the original Constitution (1950).
• Added by the 42nd Amendment (1976) during Emergency → Based on Swaran Singh Committee recommendations.
• 86th Amendment (2002) added one more duty (parents’ duty to send children 6–14 years to school).

(b) Where?

• Part IV-A → Only one Article, Article 51A.
• Currently → 11 Fundamental Duties.

(c) Examples of Duties

• Respect Constitution, National Flag & Anthem.
• Protect sovereignty, unity, and integrity of India.
• Promote spirit of common brotherhood.
• Preserve rich cultural heritage.
• Protect environment.
• Safeguard public property.
• Strive for excellence in all spheres.

(d) Nature

• Non-justiciable → Courts cannot enforce them.
• But → They are reminders that citizens’ responsibilities go hand-in-hand with their rights.

👉 FRs (rights) + DPSPs (state duties) + FDs (citizen duties) together create a balanced constitutional philosophy.

11. A Secular State

The Indian Constitution explicitly establishes India as a secular state.

(a) How Secularism is Reflected

1. Preamble – The word “Secular” added by 42nd Amendment (1976).
2. Liberty of belief, faith and worship guaranteed in Preamble.
3. Articles guaranteeing secularism:
   • Art. 14 → Equality before law.
   • Art. 15 → No discrimination on religion.
   • Art. 16 → Equal opportunity in public jobs.
   • Art. 25 → Freedom of religion.
   • Art. 26 → Religious denominations manage their own affairs.
   • Art. 27 → No tax for promotion of religion.
   • Art. 28 → No religious instruction in state-run institutions.
   • Art. 29 & 30 → Rights of cultural & educational minorities.
   • Art. 44 → Directive for Uniform Civil Code.

(b) Indian vs. Western Concept

• Western (Negative Secularism): Strict separation of religion and politics (church vs. state).
• Indian (Positive Secularism): Equal respect for all religions, protection of all faiths.

👉 India does not oppose religion, rather it ensures equal space and dignity for every religion.

(c) Additional Aspects

• Communal representation abolished → No separate electorates based on religion (unlike under British rule).
• But → Temporary reservation allowed for SCs and STs to ensure adequate representation.

12. Universal Adult Franchise

👉 The Indian Constitution grants universal adult franchise as the basis of elections to the Lok Sabha and State Legislative Assemblies.

(a) What it Means

• Every Indian citizen 18 years or above has the right to vote.
• No discrimination based on caste, religion, race, sex, literacy, or wealth.

⚡ The 61st Constitutional Amendment Act (1988) lowered the voting age from 21 years to 18 years, effective from the 1989 elections.

(b) Why Remarkable?

When India became independent, this was a bold experiment because:

• India was vast in size.
• It had a huge population.
• There was mass poverty, inequality, and widespread illiteracy.

Despite these challenges, our Constitution-makers had the courage to give the right to vote to all adults without qualifications.

(c) Significance

• Makes democracy broad-based.
• Enhances self-respect of common citizens.
• Upholds equality.
• Helps minorities and weaker sections protect their interests.
• Strengthens national integration by giving everyone an equal voice in elections.

👉 In short, universal adult franchise is the foundation of Indian democracy.

13. Single Citizenship

Even though India has a federal structure (dual polity), the Constitution provides for only one citizenship → Indian citizenship.

(a) Comparison with USA

• USA: Dual citizenship (citizen of the USA + citizen of a state).
• India: Only single citizenship → allegiance to the Union alone.

(b) Implication in India

• All Indians enjoy the same political and civil rights everywhere.
• No discrimination whether you live in Bihar, Kerala, or Punjab.
• Promotes unity and integration of the nation.

(c) Reality Check

Despite this constitutional guarantee, India still faces:

• Communal riots
• Caste conflicts
• Linguistic disputes
• Ethnic tensions

👉 This shows that the goal of “emotional integration” is still a work in progress.

14. Independent Bodies

The Constitution doesn’t stop at establishing Legislature, Executive, and Judiciary. It also creates independent constitutional bodies to strengthen democracy and ensure impartial functioning of the State.

(a) Key Independent Bodies

1. Election Commission of India (ECI) → Conducts free and fair elections (Parliament, State Legislatures, President, Vice President).
2. Comptroller and Auditor General (CAG) → Audits accounts of Union and States, acts as the guardian of the public purse.
3. Union Public Service Commission (UPSC) → Recruitment to All India Services & higher Central services; advises President on disciplinary matters.
4. State Public Service Commissions (SPSC) → Recruitments to state services; advises Governor on service matters.

(b) Safeguards for Independence

• Security of tenure.
• Fixed service conditions.
• Expenses charged on Consolidated Fund of India (not subject to parliamentary vote).
• Protection from arbitrary removal.

👉 These bodies are like the “bulwarks of democracy”, ensuring that elections are free, public money is protected, and recruitment is impartial.

15. Emergency Provisions

👉 The framers of our Constitution knew that India may face extraordinary situations like war, rebellion, or constitutional breakdown. So, they included emergency provisions that allow the Centre to take complete control when needed.

(a) Types of Emergencies

1. National Emergency – Article 352
   • Grounds: War, External Aggression, Armed Rebellion.
   • Effect: Fundamental Rights (esp. Art. 19) can be suspended. Centre gets sweeping powers.
2. State Emergency (President’s Rule) – Articles 356 & 365
   • Grounds: Failure of Constitutional machinery in a state or non-compliance with Union directions.
   • Effect: State government dismissed, Centre directly governs through Governor.
3. Financial Emergency – Article 360
   • Grounds: Threat to financial stability/credit of India.
   • Effect: Salaries may be reduced; Centre can control state finances. (Note: Never imposed so far).

(b) Unique Feature

• In normal times, India works as a federal system.
• In emergencies, it temporarily transforms into a unitary system—without needing an amendment.

👉 This flexibility is a unique hallmark of the Indian Constitution.

16. Three-tier Government

Originally, the Constitution had only two levels of government → Centre & States.
But with time, it was realized that democracy must reach the grassroots.

(a) The 73rd & 74th Amendments (1992)

1. 73rd Amendment Act
   • Added Part IX and 11th Schedule.
   • Gave constitutional status to Panchayati Raj Institutions (PRIs) – rural local bodies.
2. 74th Amendment Act
   • Added Part IX-A and 12th Schedule.
   • Recognised Municipalities – urban local bodies.

(b) Significance

• Local governments became the third tier of India’s polity.
• Very few countries in the world have constitutionally protected local governance.
• Strengthened decentralisation of power and people’s participation in democracy.

17. Co-operative Societies

To strengthen India’s co-operative movement, the 97th Constitutional Amendment Act (2011) gave constitutional status to co-operative societies.

(a) Three Key Changes

1. Right to form co-operative societies made a Fundamental Right under Article 19.
2. New DPSP – Article 43B → Promotion of co-operatives by the State.
3. Added Part IX-B (Articles 243-ZH to 243-ZT) → Special provisions for co-operatives.

(b) Objective

• Ensure that co-operative societies function in a democratic, professional, and autonomous manner.
• Parliament can legislate for multi-state co-operatives.
• State legislatures can legislate for other co-operatives within their jurisdiction.

(c) Significance

• Strengthened the co-operative movement in agriculture, credit, housing, dairy, etc.
• Recognised co-operatives as a pillar of participatory democracy and rural economy.