Module 5 Unit 2

Module Detail
Programme Name B. A.
Course Name Development of Indian Constitution
Course Code OBAT330
Module Name Basic features of Indian Constitution importance
Module code 005
Learning Outcomes After going through the content, the students
shall be able to:
1. To understand the key features of Indian
constitution
2. To be familiar with the understanding of
Justice - Ensuring social, economic, and
political justice for all citizens.
3. To familiar with preamble’s nature and
scope
4. To explore Equality - Ensuring equal status
and opportunities

Keywords British, Crown, Company, Acts, Features,

Role Name Affiliation

Faculty of Arts and Social
Subject Dr. Davinderpal Science, Guru Kashi
Matter Singh University, Talwandi Sabo
Expert (SME)

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Table of content

Sr. Particulars Page

No. No.
1 Introduction 3

2 Basic Features of India’s Constitution 3

3 The text of the Preamble 3

4 Key words in the Preamble 3

5 Significance of the Preamble 6

6 Conclusion 7
7 Suggested Readings 7
8 Self-assessment 8
MCQ
Short term Questions
Long Term Questions

1. Introduction
The Indian Constitution is distinctive in both its content and essence. While
it draws inspiration from various constitutions around the world, the

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Constitution of India possesses several unique features that set it apart from
those of other nations. It is important to note that many of the original
provisions of the Constitution, as adopted in 1949, have been significantly
altered due to numerous amendments, particularly the 7th, 42nd, 44th, 73rd,
74th, 97th, and 101st Amendments. In fact, the 42nd Amendment Act of 1976
is often referred to as the "Mini-Constitution" because of the large number of
substantial changes it introduced in various sections of the Constitution.
However, in the landmark Kesavananda Bharati case (1973), the Supreme
Court ruled that while Parliament holds the power to amend the Constitution
under Article 368, it cannot alter its "basic structure."
2. Basic Features of India’s Constitution
The Constitution of India, adopted on January 26, 1950, serves as the
supreme law of the land and lays down the framework that governs the
political and legal systems in India. The Constitution, crafted by the
Constituent Assembly, reflects the aspirations, values, and the diverse
cultural, social, and historical realities of India. India’s Constitution is the
longest written constitution of any sovereign country and is renowned for its
detail, inclusiveness, and adaptability. This document establishes the
structures, powers, and functions of various organs of the government, as
well as the rights and duties of the citizens. Understanding its basic features
helps us appreciate the nature of India’s democracy, federalism, and the rule
of law. Below are the key features of the Constitution of India:
2. 1. Written and Comprehensive Constitution
One of the most fundamental features of the Indian Constitution is that it is
a written constitution. Unlike the United Kingdom, which follows an unwritten
or customary constitution, India’s Constitution is a single, written document
that contains provisions on governance, rights, and duties. Its written form
ensures that every provision is codified, reducing ambiguity and making it
easier for the public to understand their rights and obligations.
The Constitution is highly detailed and exhaustive, covering a broad range of
subjects, from the structure of the government to the fundamental rights of
citizens.
At the time of its adoption, in 1949, the Constitution included a Preamble,
395 Articles (split into 22 Parts), and 8 Schedules. The current version (2019)
has a preamble, over 470 articles grouped into 25 parts, and 12 schedules.
Since 1951, it has been amended multiple times, but its structure has
remained remarkably robust, around 20 articles and one part (VII), while
adding 95 articles, four parts (IVA, IXA, IXB, and XIVA), and four schedules
(9, 10, 11, and 12).
Four elements are contributing to our Constitution's enormous size.
(a) Geographical variables, such as the country's size and variety.

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 (b) Historical influences, such as the cumbersome Government of India Act
of 1935.
(c) A single constitution for the centre and the states.
(d) Domination of legal luminaries in the Constituent Assembly.
2. 2. Federal System of Government
India follows a federal system of government, but it has certain unitary
features. This federation has two governments, divided powers, a written
constitution, supremacy, rigidity, an independent judiciary, and
bicameralism. The Indian Constitution includes unitary or non-federal
features such as a strong central government, a single constitution and
citizenship, a flexible judiciary, the appointment of state governors by the
Centre, all-India services, and emergency provisions. This system is aimed at
balancing the unity of the nation with the recognition of regional diversity.
Division of Powers: The powers and responsibilities of the central and
state governments are outlined in three lists: the Union List, the State
List, and the Concurrent List. The Union List contains subjects on
which only the central government can legislate, such as defence,
foreign affairs, and atomic energy. The State List includes subjects on
which only state governments can legislate, such as police and public
health. The Concurrent List contains subjects on which both the central
and state governments can legislate, such as education and criminal
law.
Strong Central Government: Although the Constitution creates a
federal system, it gives the central government greater powers. In
situations of national emergency, the Union government can assume
control over state governments, effectively making India a unitary state
during times of crisis.
Independent Judiciary: The judiciary in India is independent of both
the executive and legislative branches. The Supreme Court has the
power of judicial review, ensuring that laws and government actions are
consistent with the Constitution.
2. 3. Parliamentary System
India adopts the parliamentary system of government, similar to the one in
the United Kingdom. This system is based on the principle of collective
responsibility of the executive to the legislature. The President of India is the
formal head of state, but the real executive powers are vested in the Council
of Ministers headed by the Prime Minister. Bicameral Legislature: The Indian
Parliament consists of two houses:
Lok Sabha (House of the People): This is the lower house, consisting
of representatives directly elected by the people of India through general
elections.

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 Rajya Sabha (Council of States): This is the upper house, comprising
members who are indirectly elected by the state legislative assemblies
or nominated by the President. The dual houses ensure representation
of both the people and the states in the legislative process.
India's parliamentary government has the following features:
(a) Executives, both nominal and real;
(b) Majority party rule.
(c) Executive duty to the legislature,
(d) Ministerial membership in the legislature,
(e) Prime Minister or Chief Minister leadership,
(f) Lower House (Lok Sabha or Assembly) dissolution.
2. 4. Secular State
The Indian Constitution declares India to be a secular state, meaning that the
government does not favour any religion. This secularism is enshrined in the
Constitution and is reflected in the following:
Freedom of Religion: The Constitution guarantees individuals the
right to freely practice, profess, and propagate their religion under
Article 25.
Non-Discrimination on Religious Grounds: India’s laws prohibit
discrimination on the grounds of religion, and the Constitution
mandates that no person shall be denied any opportunity or benefit
based on their religious beliefs.
Secular Policies: The state is prohibited from giving preferential
treatment to any particular religion. This ensures that the government
does not impose religious values or practices on its citizens.
2. 5. Fundamental Rights
The Fundamental Rights (Articles 12 to 35 of the Constitution) are one of the
most significant features of the Indian Constitution. These rights are intended
to protect individual liberties and prevent the government from abusing its
power. Six major fundamental rights include:
1. Right to Equality (Articles 14–18);
2. Right to Freedom (Articles 19–22);
3. Right against Exploitation (Articles 23–24);
4. Right to Freedom of Religion (Articles 25–28);
5. Cultural and Educational Rights (Articles 29–30); and
6. Right to Constitutional Remedies (Article 32).

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These rights serve as the cornerstone of Indian democracy, safeguarding the
dignity and freedom of its citizens.
2. 6. Directive Principles of State Policy
The Directive Principles of State Policy (Articles 36 to 51) provide guidelines
for the government to follow in its policymaking. These principles aim at
establishing social and economic justice and guiding the government in
ensuring the welfare of the people. Though not justiciable (i.e., they cannot be
enforced in a court of law), the principles are intended to inform legislation
and government action. Key directives include:
1. Providing adequate means of livelihood for all citizens.
2. Ensuring equal pay for equal work for both men and women.
3. Promoting the welfare of the people by securing a uniform civil
code.
4. Raising the level of nutrition and the standard of living.
While these principles are not enforceable by the courts, they are fundamental
in shaping the social and economic policies of India.
2. 7. Independent Judiciary
The Indian Constitution provides for an independent judiciary to ensure the
rule of law and protection of citizens' rights. The judiciary in India is separate
from the executive and legislative branches of the government, which
guarantees its impartiality. The following features are noteworthy:
Supreme Court of India: The highest judicial authority in India, with
the power to review laws and government actions to ensure they are in
accordance with the Constitution. It can also hear cases of national
importance and interpret constitutional provisions.
Judicial Review: The power of the judiciary to declare laws or actions
of the government unconstitutional if they violate fundamental rights
or the principles of the Constitution.
Public Interest Litigation (PIL): This unique feature allows individuals
or organizations to approach the courts on behalf of the public to seek
justice for matters that affect the general well-being.
2. 8. Universal Adult Franchise
India’s Constitution provides for universal adult franchise, meaning that every
Indian citizen above the age of 18 has the right to vote, irrespective of their
gender, caste, religion, or socio-economic status. This principle is a key
feature of India’s democracy, ensuring broad-based participation in the
electoral process and giving every adult citizen a say in the governance of the
country.
2. 9. Single Citizenship

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The Constitution of India provides for single citizenship for all its citizens, as
opposed to the dual citizenship systems seen in some other countries. All
citizens of India are subject to the same set of rights and duties regardless of
the state in which they reside.
2. 10. Amendment Procedure
The Indian Constitution is amendable to adapt to changing circumstances,
but the process is not as simple as ordinary legislation. The amendment
procedure (Article 368) requires a special majority in Parliament and, in some
cases, ratification by at least half of the state legislatures. This ensures that
amendments are made carefully and with broad consensus, thus maintaining
the integrity of the Constitution.
3. Conclusion
The Constitution of India is an extraordinary document that balances
tradition with modernity, reflecting the diverse needs of a pluralistic society
while maintaining a strong commitment to democracy and justice. Its features
such as the federal system, secularism, fundamental rights, and independent
judiciary make it a robust framework for governance. While the Constitution
has undergone numerous amendments since its adoption, its core values
remain intact, guiding India towards progress while protecting the rights of
its citizens. The Constitution not only defines the structure of the state but
also enshrines the moral principles of justice, equality, and liberty, forming
the foundation of India’s democracy.
4. Suggested readings
Milloy, J. S. (1983). The early Indian Acts: Developmental strategy and
constitutional change. As long as the sun shines and the water flows:
A reader
in Canadian Native studies, 56-64.
Laxmikant, M. (2019). Indian Polity-For Civil Services and Other State
Examinations|: by M. Laxmikant. McGraw-Hill; Sixth edition (27
December
2019); McGraw Hill.
Bhagwan, V., & Bhatia, R. L. (1974). Constitutional history of India and
national movement.
5. Self-assessment
MCQ
1. When was the Constitution of India adopted?
a. January 26, 1947

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 b. January 26, 1950
c. August 15, 1947
d. November 26, 1950
2. Which of the following is a feature of India's Constitution?
a. Unwritten
b. Rigid
c. Detailed and written
d. No provision for judicial review
3. Which system of government does India follow?
a. Monarchy
b. Parliamentary system
c. Presidential system
d. Oligarchy
4. What is the highest judicial authority in India?
a. High Court
b. District Court
c. Supreme Court
d. Circuit Court
5. Which of the following is a unitary feature of the Indian Constitution?
a. Independent Judiciary
b. Strong central government during national emergencies
c. Bicameral Legislature
d. Single Citizenship
6. The Fundamental Rights are protected by which article of the
Constitution?
a. Article 14 to 32
b. Article 12 to 35
c. Article 51 to 60
d. Article 1 to 10
7. Which body is responsible for the amendment of the Indian
Constitution?
a. President of India
b. Parliament
c. State Legislatures
d. Supreme Court
8. Which of the following is a directive principle of state policy in India?
a. Right to Equality
b. Right to Freedom
c. Ensuring equal pay for equal work
d. Right to Constitutional Remedies
9. India’s Constitution ensures which type of citizenship?
a. Dual Citizenship
b. Single Citizenship
c. No Citizenship
d. State-based Citizenship

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 10. Which of the following is a feature of India’s secular state?
a. The state gives preference to one religion
b. Freedom of Religion is guaranteed
c. Laws are made based on religious principles
d. Only one religion is allowed in India
11. What is the term used for the power of the judiciary to review laws
and government actions?
a. Judicial Review
b. Judicial Activism
c. Constitutional Review
d. Judicial Independence
12. Which list in the Constitution contains subjects on which both
central and state governments can legislate?
a. Union List
b. Concurrent List
c. State List
d. Reserved List
13. Who is the formal head of the state in India?
a. Prime Minister
b. President
c. Speaker of Lok Sabha
d. Chief Justice
14. Which principle does the Indian Constitution uphold regarding
citizens’ rights?
a. Privilege to few citizens
b. Protection of Fundamental Rights
c. Limited participation in governance
d. Reserved seats for elected members
15. Which article of the Constitution guarantees freedom of religion?
a. Article 14
b. Article 19
c. Article 25
d. Article 32
Short-Term Answer Questions
1. Explain the significance of the written form of the Indian Constitution.
2. What is the role of the Directive Principles of State Policy in the Indian
Constitution?
3. What are the key features of India’s federal system?
4. Describe the structure of the Indian Parliament.
5. How does the independent judiciary function under the Indian
Constitution?
Long-Term Answer Questions

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1. Discuss the importance of Fundamental Rights in the Indian
Constitution and their role in safeguarding individual liberties.
2. Explain the process of amending the Indian Constitution. How does it
ensure adaptability while maintaining stability?
3. Analyze the impact of the secular nature of the Indian Constitution on
the social and political landscape of India.

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