Salient features of the Indian Constitution

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The Indian constitution is unique in its content and spirit. The salient
features of the constitution are as follows:-
– Lengthiest written Constitution
Constitution of India – Blend of Rigidity and Flexibility
MCN 202 – Federal system with unitary features
Preamble – Parliamentary form of Government
– Independent judiciary
– Emergency provision
Joaquim Ignatious Monteiro
Assistant Professor
Dept. of ECE
College of Engg. TVM

Timeline of Indian Constitution

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9 December 1946: Formation of the Constituent Assembly
“ But at present the greatest and most important question in India is how to
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13 December 1946: An 'Objective Resolution' was presented by Jawaharlal
solve the problem of the poor and the starving. Wherever we turn, we are Nehru, laying down the underlying principles of the constitution, which later
confronted with this problem. If we cannot solve this problem soon, all our became the Preamble of the constitution.
paper constitutions will become useless and purposeless.” ●
22 January 1947: Objective resolution unanimously adopted.
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22 July 1947: National
ag adopted.
Jawaharlal Nehru
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15 August 1947: Achieved independence. India split into Dominion of India and
Dominion of Pakistan.
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29 August 1947: Constitution Drafting Committee appointed with Dr. B. R.
Ambedkar as the chairman

Timeline of Indian Constitution

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26 November 1949: 'Constitution of India' passed and adopted by the assembly.
Preamble
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24 January 1950: Last meeting of the Constituent Assembly.
– 'Constitution of India' (with 395 articles, 8 schedules, 22 parts) was signed
to
and accepted by all the
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26 January 1950: The 'Constitution of India' came in to force after 2 years, 11 Constitution
months and 18 Days of
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Ganesh Vasudev Mavalankar was the rst speaker when meeting the assembly
of Lok Sabha, after turning republic.
India
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Constituent Assembly became the Provisional Parliament of India (continuing
until the rst elections under the new constitution in 1952)
Preamble of the Constitution of India Purpose of the Preamble
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Preamble of the Constitution of India presents the principles of the Constitution ●
Preamble serves the following purposes:-
and indicates the sources of its authority – It discloses the source of the constitution
“We THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a
SOVERIGN
– It lays down the date of the commencement of the constitution.
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen:-
– It set out the rights and freedoms which the people of India wished to
secure for themselves
JUSTICE, social, Economic, and Political;
– It declares the nature of the government
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;,
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
nation; In our Constituent Assembly, this 26th November, 1949, do hereby adopt, enact
and give to ourselves this constitution.”

Keywords in the preamble Explanation of the terms in the preamble

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We, the people of India: It indicates the ultimate sovereignty of the people of India. ●
Secular
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Sovereign – Relationship between the government and religious groups are determined
according to constitution and law
– independent authority of a State
– It separates the power of the state and religion
– It means, that state has the power to legislate on any subject
– It was added in the Preamble by 42nd Amendment, 1976
– State is not subject to the control of any other State / external power
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Democratic
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Socialist
– People of India elect their governments by a system of universal adult franchise
– Means that (since wealth is generated socially) wealth should be shared equally (any citizen of age 18 and above is eligible to vote)
by society through distributive justice, not concentrated in the hands of few
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Republic
– It holds faith in a mixed economy where both private and public sectors co-exist
side by side. – In a republican form of government, the head of state is elected and not a
hereditary monarch
– It was added in the Preamble by 42nd Amendment, 1976
– India has a president who is indirectly elected and has a xed term of oce

Objectives of the Indian Constitution Objectives of the Indian Constitution

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Preamble also outlines the objectives of the Indian Constitution ●
Justice
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The Constitution is the supreme law and it helps to maintain integrity in the – It comprises three elements, which is social, economic, and political.
society and to promote unity among the citizens to build a great nation. ●
Social Justice
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The main objective of the Indian Constitution is to promote harmony – Constitution wants to create a society without discrimination on any
throughout the nation grounds like caste, creed, gender, religion, etc.
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The factors which help in achieving this objective are: ●
Economic Justice
– Justice – No discrimination can be caused by people on the basis of their wealth,
– Equality income, and economic status
– Liberty – Every person must be paid equally for an equal position and all people
– Fraternity must get opportunities to earn for their living.
Objectives of the Indian Constitution Objectives of the Indian Constitution
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Political Justice ●
Fraternity
– Political Justice means all the people have an equal, free and fair right – ‘Fraternity’ means a feeling of brotherhood and an emotional
without any discrimination to participate in political opportunities attachment with the country and all the people
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Equality – Fraternity helps to promote dignity and unity in the nation.
– all the people have given equal opportunities for everything without any
discrimination
– Everyone is equal before the law
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Liberty
– Freedom for the people to choose their way of life, have political views
and behavior in society
– A person can do anything but in the limit set by the law.

Status of Preamble
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Is the Preamble is the part of the constitution?
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In the case of Kesvanand Bharti vs. State of Kerala (1973), the Supreme Court
has held that
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Preamble is part of the constitution
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Preamble is of extreme importance and the constitution should be read and
interpreted in the light of grand and noble vision expressed in the preamble.
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However, two things should be noted:-
– The preamble is neither a source of power to legislature nor prohibition
upon the powers of legislature.
– It is not justiciable i.e. not enforceable in courts of law.

Status of Preamble
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Can the preamble be amended?
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Supreme Court has held that preamble can be amended subject to the
condition that no amendment is done to the ‘ Basic structure’ of the
constitution
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The Preamble has been amended only once by the 42nd Constitutional
Amendment 1976
– added three new words- Socialistic, Secular and Integrity- to the
preamble.