1.

Major Features Of The Constitution Features

The Constitution of India begins with a Preamble. The Preamble contains the ideals,
objectives and basic principles of the Constitution. The salient features of the Constitution
have evolved directly and indirectly from these objectives which flow from the Preamble.
Our Constitution has adopted the best features of most of the major constitutions of the
world as per the needs of the country. Though borrowed from almost every constitution in
the world, the constitution of India has several salient features that distinguish it from the
constitutions of other countries.
This article lists the 18 major features of the constitution and comprehensively covers each
of the features in the article.
 Table of Contents

Constitution of India – Major Features

1. Lengthiest Written Constitution
2. Drawn from Various Sources
3. Blend of Rigidity and Flexibility
4. Federal System with Unitary Bias
5. Parliamentary Form of Government
6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
7. Rule Of Law
8. Integrated and Independent Judiciary
9. Fundamental Rights
10. Directive Principles of State Policy
 11. Fundamental Duties
12. Indian Secularism
13. Universal Adult Franchise
14. Single Citizenship
15. Independent Bodies
16. Emergency Provisions
17. Three-tier Government
18. Co-operative Societies

Philosophy of Constitution

Constitution of India – Major Features

The salient features of the Indian Constitution are listed and briefed below:
1. Lengthiest Written Constitution
 Constitutions are classified into written, like the American Constitution, or unwritten,
like the British Constitution.
 The Constitution of India has the distinction of being the lengthiest and detailed
Constitutional document the world has so far produced. In other words, the
Constitution of India is the lengthiest of all the written constitutions of the world.
 It is a very comprehensive, elaborate and detailed document.
 The factors that contributed to the elephantine size of the Indian Constitution are:
 Geographical factors, that is, the vastness of the country and its diversity.
 Historical factors, for instance, the influence of the Government of India Act of
1935, which was bulky.
 Single constitution for both the Centre and the states.
  The dominance of legal luminaries in the Constituent Assembly.
 The Constitution of India contains not only the fundamental principles of governance
but also detailed administrative provisions.
 Both justiciable and non-justiciable rights are included in the Constitution.
2. Drawn from Various Sources
 The Constitution of India has borrowed most of its provisions from the constitutions
of various other countries as well as from the Government of India Act of 1935
[About 250 provisions of the 1935 Act have been included in the Constitution].
 Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed
after ‘ransacking all the known Constitutions of the world’.
 The structural part of the Constitution is, to a large extent, derived from the
Government of India Act of 1935.
  The philosophical part of the Constitution (Fundamental Rights and the Directive
Principles of State Policy) derive their inspiration from the American and Irish
Constitutions respectively.
 The political part of the Constitution (the principle of Cabinet government and the
relations between the executive and the legislature) have been largely drawn from the
British Constitution.
3. Blend of Rigidity and Flexibility
 Constitutions are classified into rigid and flexible.
 A rigid constitution is one that requires a special procedure for its amendment, as for
example, the American Constitution.
 A flexible constitution is one that can be amended in the same manner as the ordinary
laws are made, as for example, the British Constitution.
  The Indian Constitution is a unique example of the combination of rigidity and
flexibility.
 A constitution may be called rigid or flexible on the basis of its amending procedure.
 The Indian Constitution provides for three types of amendments ranging from simple
to most difficult procedures depending on the
nature of the amendment.
4. Federal System with Unitary Bias
 The Constitution of India establishes a federal system of government.
 It contains all the usual features of a federation, such as two governments, division of
powers, written constitution, the supremacy of the constitution, the rigidity of the
Constitution, independent judiciary and bicameralism.
 However, the Indian Constitution also contains a large number of unitary or non-
federal features, such as a strong Centre, single Constitution, appointment of state
governor by the Centre, all-India services, integrated judiciary, and so on.
 Moreover, the term ‘Federation’ has nowhere been used in the Constitution.
 Article 1, describes India as a ‘Union of States’ which implies two things:
 Indian Federation is not the result of an agreement by the states.
 No state has the right to secede from the federation.
5. Parliamentary Form of Government
 The Constitution of India has opted for the British Parliamentary System of
Government rather than the 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.
 The parliamentary system is also known as the ‘Westminster’ model of government,
responsible government and cabinet government.
 The Constitution establishes the parliamentary system not only at the Centre but also
in the States.
 In a parliamentary system, the role of the Prime Minister has become so significant,
and therefore it is called a ‘Prime Ministerial Government’.
What are the features of parliamentary government in India?
The features of parliamentary government in India are as follows:
 Presence of real and nominal executives
 Majority party rule
 Collective responsibility of the executive to the legislature
 Membership of the ministers in the legislature
 The leadership of the prime minister or the chief minister
 Dissolution of the lower house (Lok Sabha or Assembly)
 Indian Parliament is not a sovereign body like the British Parliament.
 Parliamentary Government combined with an elected President at the head
(Republic).
6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
 The doctrine of the sovereignty of Parliament is associated with the British
Parliament while the principle of judicial supremacy with that of the American
Supreme Court.
 Just as the Indian parliamentary system differs from the British system, the scope of
judicial review power of the Supreme court in India is narrower than that of what
exists in the US.
 This is because the American Constitution provides for ‘due process of law’ against
that of ‘procedure established by law’ contained in the Indian Constitution (Article
21).
 Therefore, the framers of the Indian Constitution have preferred a proper synthesis
between the British principle of parliamentary sovereignty and the American
principle of Judicial supremacy.
  The Supreme Court can declare the parliamentary laws as unconstitutional through its
power of judicial review.
 The Parliament can amend the major portion of the Constitution through its
constituent power.

7. Rule Of Law
 According to this axiom, people are ruled by law but not by men, that is, the basic
truism that no man is infallible. The axiom is vital to a democracy.
 More important is the meaning that law is the sovereign in democracy.
 The chief ingredient of law is custom which is nothing but the habitual practices and
beliefs of common people over a long number of years.
 In the final analysis, rule of law means the sovereignty of the common man’s
collective wisdom.
  Apart from this crucial meaning, rule of law means a few more things like
 There is no room for arbitrariness
 Each individual enjoys some fundamental rights, and
 The highest judiciary is the final authority in maintaining the sanctity of the law
of the land.
 The Constitution of India has incorporated this principle in Part III and in order to
provide meaning to Article 14 (all are equal before the law and all enjoy equal
protection of laws), promotion of Lok Adalats and the venture of the Supreme court
known as “public interest litigation” have been implemented.
 Also, as per today’s law of the land, any litigant can appeal to the presiding judicial
authority to argue the case by himself or seek legal assistance with the help of the
judiciary.
8. Integrated and Independent Judiciary
  India has a single integrated judicial system.
 Also, the Indian Constitution establishes Independent Judiciary by enabling the Indian
judiciary to be free from the influence of the executive and the legislature.
 The Supreme Court stands as the apex court of the judicial system. Below the
Supreme Court are the High Courts at the state level.
 Under a high court, there is a hierarchy of subordinate courts, that is district courts
and the other lower courts.
 The Supreme Court is a federal court, the highest court of appeal, the guarantor of the
fundamental rights of the citizens and the guardian of the Constitution. Hence, the
Constitution has made various provisions to ensure its independence.
9. Fundamental Rights
 Part III of the Indian Constitution guarantees six fundamental rights to all Citizens.
 Fundamental Rights are one of the important features of the Indian Constitution.
  The Constitution contains the basic principle that every individual is entitled to enjoy
certain rights as a human being and the enjoyment of such rights does not depend
upon the will of any majority or minority.
 No majority has the right to abrogate such rights.
 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.
 They are justiciable in nature, that is, enforceable by the courts for their violation.
10. Directive Principles of State Policy
 According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel
feature’ of the Indian Constitution.
 They are enumerated in Part IV of the Constitution.
  The Directive Principles were included in our Constitution in order to provide social
and economic justice to our people.
 Directive Principles aim at establishing a welfare state in India where there will be no
concentration of wealth in the hands of a few.
 They are non-justiciable in nature.
 In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian
Constitution is founded on the bedrock of the balance between the Fundamental
Rights and the Directive Principles’.
11. Fundamental Duties
 The original constitution did not provide for the fundamental duties of the citizens.
 Fundamental Duties were added to our Constitution by the 42nd Amendment Act of
1976 on the recommendation of the Swaran Singh Committee.
 It lays down a list of ten Fundamental Duties for all citizens of India.
  Later, the 86th Constitutional Amendment Act of 2002 added one more fundamental
duty.
 While the rights are given as guarantees to the people, the duties are obligations that
every citizen is expected to perform.
 However, like the Directive Principles of State Policy, the duties are also non-
justiciable in nature.
 There is a total of 11 Fundamental duties altogether.
12. Indian Secularism
 The Constitution of India stands for a secular state.
 Hence, it does not uphold any particular religion as the official religion of the Indian
State.
 The distinguishing features of a secular democracy contemplated by the Constitution
of India are:
  The State will not identify itself with or be controlled by any religion;
 While the State guarantees to everyone the right to profess whatever religion
one chooses to follow (which includes also the right to be an antagonist or an
atheist), it will not accord preferential treatment to any of them;
 No discrimination will be shown by the State against any person on account of
his religion or faith; and
 The right of every citizen, subject to any general condition, to enter any office
under the state will be equal to that of the fellow citizens. Political equality
which entitles any Indian citizen to seek the highest office under the State is the
heart and soul of secularism as envisaged by Constitution.
 The conception aims to establish a secular state. This does not mean that the State in
India is anti-religious.
  The western concept of secularism connotes a complete separation between religion
and the state (negative concept of secularism).
 But, the Indian constitution embodies the positive concept of secularism, i.e., giving
equal respect to all religions or protecting all religions equally.
 Moreover, the Constitution has also abolished the old system of communal
representation. However, it provides for the temporary reservation of seats for the
scheduled castes and scheduled tribes to ensure adequate representation to them.
13. Universal Adult Franchise
 Indian democracy functions on the basis of ‘one person one vote’.
 Every citizen of India who is 18 years of age or above is entitled to vote in the
elections irrespective of caste, sex, race, religion or status.
 The Indian Constitution establishes political equality in India through the method of
universal adult franchise.
14. Single Citizenship
 In a federal state usually, the citizens enjoy double citizenship as is the case in the
USA.
 In India, there is only single citizenship.
 It means that every Indian is a citizen of India, irrespective of the place of his/her
residence or place of birth.
 He/she is not a citizen of the Constituent State like Jharkhand, Uttaranchal or
Chattisgarh to which he/she may belong but remains a citizen of India.
 All the citizens of India can secure employment anywhere in the country and enjoy all
the rights equally in all the parts of India.
 The Constitution makers deliberately opted for single citizenship to
eliminate regionalism and other disintegrating tendencies.
 Single citizenship has undoubtedly forged a sense of unity among the people of India.
15. Independent Bodies
 The Indian constitution not only provides for the legislative, executive and judicial
organs of the government (Central and state) but also establishes certain independent
bodies.
 They are envisaged by the Constitution as the bulwarks of the democratic system of
Government in India.
The candidates can read about some of the Independent Bodies in detail from the links
below:

Election Commission of India Comptroller and Auditor General of

India

Union Public Service Commission Constitutional Bodies

(UPSC)
16. Emergency Provisions
 The Constitution makers also foresaw that there could be situations when the
government could not be run as in ordinary times.
 To cope with such situations, the Constitution elaborates on emergency provisions.
 There are three types of emergency
 Emergency caused by war, external aggression or armed rebellion [Aricle 352]
 Emergency arising out of the failure of constitutional machinery in states
[Article 356 & 365]
 Financial emergency [Article 360].
 The rationality behind the incorporation of these provisions is to safeguard the
sovereignty, unity, integrity and security of the country, the democratic political
system and the Constitution.
 During an emergency, the central government becomes all-powerful and the states go
into total control of the centre.
  This kind of transformation of the political system from federal (during normal times)
to unitary (during emergency) is a unique feature of the Indian Constitution.

17. Three-tier Government

 Originally, the Indian Constitution provided for a dual polity and contained
provisions with regard to the organisation and powers of the Centre and the States.
 Later, the 73rd and 74th Constitutional Amendment Acts (1992) have added a third-
tier of government (that is, Local Government), which is not found in any other
Constitution of the world.
 The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats
(rural local governments) by adding a new Part IX and a new schedule 11 to the
Constitution.
  Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to the
municipalities (urban local government) by adding a new Part IX-A and a new
schedule 12 to the Constitution.

18. Co-operative Societies

 The 97th Constitutional Amendment Act of 2011 gave a constitutional status and
protection of cooperative societies.
 In this context, it made the following three changes in the Constitution:
 It made the right to form cooperative societies a fundamental right (Article 19).
 It included a new Directive Principles of State Policy on the promotion of
cooperative societies (Article 43-B).
 It added a new Part IX-B in the Constitution which is entitled “The Co-
operative Societies” [Articles 243-ZH to 243-ZT].
  The new Part IX-B contains various provisions to ensure that the cooperative
societies in the country function in a democratic, professional, autonomous and
economically sound manner.
 It empowers the Parliament in respect of multi-state cooperative societies and the
state legislatures in respect of other cooperative societies to make the appropriate law.

Philosophy of Constitution
 On January 22, 1947, the Constituent Assembly adopted the Objectives Resolution
drafted by Jawaharlal Nehru. The Objectives Resolution contained the fundamental
propositions of the Constitution and set forth the political ideas that should guide its
deliberations.
The main principles of the resolution were:
 that India is to be an independent, sovereign republic ;
 that it is to be a democratic union with an equal level of self-government in all the
constituent parts;
 that all power and the authority of the Union Government and governments of the
constituent parts are derived from the people;
 that the constitution must strive to obtain and guarantee to the people justice-based
upon social, economic and political equality, of opportunity and equality before the
law;
 that there should be freedom of thought, expression, belief, faith, worship, vocation,
association and action;
 that the constitution must provide just rights for minorities, and people from
backward and tribal areas, etc. so that they can be equal participants of social,
economic and political justice; and
  to frame a constitution that should secure for India, a due place in the community of
nations.
The philosophy of a Constitution consists of the ideals for which the constitution stands
and the policies that the Constitution enjoins upon the rulers of the Community to follow.
The Constitution of India reflects the impact of our ideology in the following spheres:
(i) Secularism: Secularism is the hallmark of the Indian Constitution. People professing
different religions have the freedom of religious worship of their own choice. All religions
have been treated alike. The fact appreciated in India was that all religions love humanity
and uphold the truth. All the social reformers and political leaders of modern Indian have
advocated religious tolerance, religious freedom and equal respect for all religions. This
very principle has been adopted in the Constitution of India where all religions enjoy equal
respect. However, the word ‘secularism’ was nowhere mentioned in the Constitution as
adopted in 1949. The word ‘secularism’ has now been added to the Preamble to the
Constitution through the 42nd Amendment passed in 1976.
(ii) Democracy: We have borrowed the modern form of democracy from the West. Under
this system, democracy means the periodic responsibilities of the Government to go to the
people. For this purpose; elections have been held every five-year to elect a Government
by the people. However, democracy covers even the economic and social aspects of life.
This aspect of democracy is well-reflected in the Directive Principles of State Policy. They
are aimed at human welfare, co-operation, international brotherhood and so on.
(iii) Sarvodaya: Sarvodaya refers to the welfare of all. It is different from the welfare of
the majority. It seeks to achieve the welfare of all without exception. It is referred to as
Ram Rajya. The concept of Sarvodaya was developed by Mahatma Gandhi Acharya
Vinoba Bhave and J. Narayan under which the material, spiritual, moral and mental
development of everyone is sought to be achieved. The Preamble to the Indian
Constitution and the Directive Principles of State Policy represent this ideal.
(iv) Socialism: Socialism is not new to India. Vedanta’s philosophy has socialism in it.
The national struggle for freedom had this aim also in view. Jawaharlal Nehru referred to
himself as a socialist and republican. Almost all the parties in India profess to promote
democratic socialism. These principles are included in the Directive Principles of State
Policy. However, to lay emphasis on this aspect, the word ‘socialism’ was specifically
added to the Preamble to the Constitution through the 42nd Amendment.
(v) Humanism: Humanism is a salient feature of Indian ideology. Indian ideology regards
the whole of humanity as one big family. It believes in resolving international disputes
through mutual negotiations. This is what we find in the Directive Principles of State
Policy.
(vi) Decentralization: Decentralization is another aspect of Sarvodaya. Indian has always
practised decentralization through the Panchayat system. Mahatma Gandhi also advocated
decentralization. It is on this account that he is regarded as a philosophical anarchist. We
have introduced the Panchayati Raj system in India to achieve the objective of
decentralisation. The concept of cottage industries as laid down in the Directive Principles
of State Policy also refers to decentralization.
(vii) Liberalism: Liberalism does not refer to the Western concept of liberalism. It refers,
in the Indian context, to self-government, secularism, nationalism, economic reforms,
constitutional approach, representative institutions etc. all these concepts were advocated
by the modern Indian leaders.
(viii) Mixed Economy: Co-existence is a salient feature of our ideology. Co-existence has
manifested itself through a mixed system of economy. In this system, we have allowed
both the private and public sectors of the economy to work simultaneously. Large scale
and essential industries have been put in the public sector.
(ix) Gandhism: Gandhism represents an ethical and moral India. Gandhi set a new
example of fighting foreign rule through non-violence. He taught the importance of non-
violence and truth. He advocated untouchability, cottage industry, prohibition, adult
education and the uplift of villages. He wanted a society free of exploitation and
decentralized in character. All these Gandhian principles have found an honourable place
in the Constitution of India.