INDORE INSTITUTE OF

LAW AW
L
(AFFILIATED TO D.A.V.V. AND BCI , OF
NEW DELHI) ITU TE
INST
D O E
SUBJECT – POLITICAL SCIENCE

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www.indoreinstituteoflaw.org

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Presented by Madhuri Modi
 B.A.L.L.B.
LAW
SEMESTER TE OV
F
ST ITU
OR E I NUNIT-I
IND
Silent features & characteristics of the constitution
 Salient Features of Indian Constitution
 
 Originally having 395 Articles divided into 22 parts
and 8 schedules, a lengthiest constitution of the
LAW
world with systematic elaboration on every topic.
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U T EO
N S T I
 At present, it containsT 448 Articles with 12
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schedules Eas Ia result of various amendments (101
D O
N so far, GST Amendment).
Itill
SALIENT FEATURES OF INDIAN CONSTITUTION

A. Longest written constitution:

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The constitution of India is said to be the longest written
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E O
constitution in the world because, it contains:
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ST IT
• Separate provisions for states and centre and their inter-
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E I
relationship.
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IND O
The separate provisions for scheduled castes, scheduled tribes,
women, children, and backward regions.
• It contains the detailed list of individual rights, directive
principles of state policy and details of administration procedures
which were laid down to make the constitution an easy handy.
SALIENT FEATURES OF INDIAN
CONSTITUTION
B. Unique blend of rigidity and flexibility

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 Some parts can be amended by ordinary law making procedure while
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T IT
certain provisions can be amended only when a bill for that purpose is

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R E I
passed in each house of parliament by a majority of the total

IND O
membership of that house and by a majority of not less than two-third
of the members of that house present and voting.
 Some amendments are also required to be ratified by the legislatures of
not less than one-half of the states before being presented to the
president for assent.
 India as a sovereign, socialist, secular, democratic and republic:
B. UNIQUE BLEND OF RIGIDITY AND
FLEXIBILITY

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 However, it continues to be a member of the commonwealth of Nation
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with the British Monarch as its head.

U TE O
 The term socialist is added by the 42nd Amendment in 1976, means

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achievement of socialist goals through democratic, evolutionary and
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non-violent means. However, India follows the mixed model of

IN O
socialist and capitalist economy.
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By secular means it recognizes all religions equally without having
any state religion which is a part of the basic structure.
 By republic means head of the state (President) is elected one and not
the monarch.
 INDIA IS A REPUBLIC:
 The Preamble declares India to be a Republic. India is not

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ruled by a monarch or a nominated head of state.
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U TE O
 India has an elected head of state (President of India) who

ST IT
wields power for a fixed term of 5 years.
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R E I
D O
 After every 5 years, the people of India indirectly elect their
INPresident.
 INDIA IS A SECULAR STATE:

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E
 India gives special status to no religion.
U T O
T IT
 There is no such thing as a state religion of India.
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R E I
 This makes it different from theocratic states like the Islamic

IND O
Republic of Pakistan or other Islamic countries. Further, Indian
secularism guarantees equal freedom to all religions.
 The Constitution grants the Right to Religious Freedom to all the
citizens.
India is a Democratic State:
 The Constitution of India provides for a democratic system.

of the people.
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The authority of the government rests upon the sovereignty
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U TE O
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 The people enjoy equal political rights.
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IND O
 On the basis of these rights, the people freely participate in
the process of politics.

 They elect their government.

 PARLIAMENTARY SYSTEM OF GOVERNMENT:
Parliament controls the functioning of the council of

F LAW
ministers; hence it is called parliamentary system.


U TE O
Here executive is responsible to the legislature and
remains in power as long as it enjoys the confidence of

ST IT
the legislature.
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
R E I
The president of India, who remains in office for five

IND O
years, is the nominal, titular or constitutional head
(executive).
 The prime minister is the real executive and head of the
council of ministers who is collectively responsible to
the lower house (lok sabha).
Single Citizenship:

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India has a single citizenship provided by the union and
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U TE O
recognized by all the states across India.

NST IT
Universal Adult Franchise:

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The Indian Constitution establishes political equality in
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IND O
India through the method of universal adult franchise which
functions on the basis of ‘one person one vote’.
 Every Indian who is 18 years of age or above is entitled to
vote in the elections, irrespective of caste, sex, race,
religion or status.
 Independent and Integrated Judicial System:
 

F LAW


U TE O
The judiciary system is kept free from the influence of the executive

ST T
and the legislature. As an integrated system, India has the Supreme
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Court as the apex court below which High Courts come.
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
R E I
The High Courts in turn supervise the lower courts.

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D OFundamental Rights, Fundamental Duties and Directive Principles
of State Policy:
 Fundamental Rights are not absolute but are subject to the
limitations which are expressly defined by the constitution itself
and are enforceable in the court of law.
Independent and Integrated Judicial System:
 

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• The DPSPs are the guidelines to be followed by the
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the court of law.
U T O
states regarding governance and are not enforceable in
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NST IT
R E I
• The Fundamental Duties, added by the 42nd Amendment
are moral conscience which ought to be followed by the

IND O
Citizens.
 A Federation with a strong centralizing
tendency:

F LAW
India is an indestructible Union with destructible states means it

T O
acquires a unitary character during the time of emergency. Hence,
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some experts say it as a quasi federal in nature.
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S T I
Balancing Parliamentary
N T
supremacy with Judicial
Review:
R E I
IN

D O
An independent judiciary with the power of judicial review is a
prominent feature of our constitution.
 The harmonization which our Constitution has effected between
Parliamentary Sovereignty and a written Constitution with a provision
for Judicial Review is an important achievement of the framers of our
Constitution.
 Emergency Provisions:
 The President of India has been empowered to take

emergencies.
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appropriate steps for dealing with three types
A
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 During the period of an emergency, the powers of the
U
T IT
President, actually of the PM and the Union Council of
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Ministers Cabinet increase tremendously.

IND O
 President can take all steps deemed essential for meeting
an emergency.
 These are called emergency powers of the President.
 Provisions regarding Language:

 The Constitution lays down special provisions for

defining the Language of the Union, Regional Languages
F LAW
and Language of the Supreme Court and High Courts.

U TE O


NST IT
It states that the official language of the Union shall be
Hindi in Devnagri script.
R E I


IND O
But along with this, it also provides for the continuance of
English language.
 A state legislature can adopt the language of the province
as its official language.
 Provisions regarding Language:
 English continues to be the language of the Supreme
Court and the High Courts.
F LAW


U TE O
The Constitution gives a directive to the Union to develop

NST IT
Hindi and popularise its use.


R E I
In its Eighth Schedule, the Constitution recognises 22

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modern Indian Languages — Assamese, Bengali,
Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi,
Oriya, Punjabi, Nepali, Manipuri, Konkani, Sanskrit,
Sindhi, Tamil, Telgu, Urdu, Bodo, Dogri, Maithli and
Santhal
 
.
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U TE O
NST IT
R E I
IND O
.