Salient Features of the

Constitution of India
 1. Drawn from different
• sources
Our constitution has been prepared after “ransacking
all the known Constitutions of the world” and most of
its provisions are substantially borrowed from others.
• Dr. Ambedkar observed,-
– “One likes to ask whether there can be anything
new in a Constitution framed at this hour in the
history of the world. More than hundred years have
rolled when the first written Constitution was
drafted. It has been followed by many other
countries reducing their Constitutions to
writing….Given these facts, all Constitutions in
their main provisions must look similar. The only
new things, if there be any, in a Constitution
framed so late in the day are the variations made
to remove the faults and to accommodate it to the
needs of the country.”
 Drawn from different
sources
• So, though our Constitution may be said to be
‘borrowed’ Constitution, the CREDIT OF ITS
FRAMERS LIES IN GATHERING THE BEST
FEATURES OF EACH OF THE EXISTING
CONSTITUTIONS AND IN MODIFYING THEM
WITH A VIEW TO AVOIDING THE FAULTS THAT
HAVE BEEN DISCLOSED IN THEIR WORKING
AND TO ADAPTING THEM TO THE EXISTING
CONDITIONS AND NEEDS OF THIS COUNTRY.
SO, IF IT IS A ‘PATCHWORK’ , IT IS A
‘BEAUTIFUL PATCHWORK’.
• There were members in the Constituent
Assembly who critised the Constitution which
was going to be adopted as a ‘slavish imitation
of the West’ or ‘not’ suited to the genius’ of the
people.VII C.A.D., 2, 242; IX C.A.D., 613, 616
 2. THE CONSTITUTION IS
• Patent on its face. WRITTEN
• Written constitution has serious implications:
• (a) A written constitution means limited Government.
Powers of each organs are defined, and none can act
beyond its power.
• (b) A written Constitution, thus, provides the organic or
fundamental law, with reference to which the validity of
the laws enacted by the Legislature is to be tested.
• (c) In a written Constitution, the Judiciary is usually called
‘the guardian of the Constitution’.
• While the powers of all the organs of Government are
drawn from and limited by the Constitution, power must
necessarily be reposed in some authority to guard that the
limits imposed by the Constitution are not violated by any
of these organs.
• American Constitution- Judiciary assume this power.
• Indian Constitution- Specific Provisions to that effect.
• France & Switzerland- Confide the trust of guarding the
Constitution in extra-judicial bodies.
 3. Lengthiest Constitution in
the World
• Lengthy, Elaborate & detailed Document.
• Originally consisted of 395 Articles, 22 parts &
8 schedules.
• Position after 94th Constitutional Amendment
Act, 2006
• Articles 444
• Parts 22
• Schedules 12
• Other Constitutions
• American Constitution – 7 Articles
• Australian Constitution - 128 Articles
• Canadian Constitution – 147 Articles
 Reasons for its prolixity
1) Incorporates the accumulated experience of different
Constitutions.
2) Embodies provisions relating to government machinery of
State & Centre
• Follows the precedent of Canadian Constitution & not of
U.S.A & Australia.
2) Detailed norms of Centre State relationship
3) Many unwritten Conventions of the British Constitution
has reduced to writing.
4) Special provisions for Tribal & Schedule Areas- (Part X)
5) Special provisions for certain backward classes of people (
Part XVI)
6) Both justiciable and non-justiciable Rights included:FRs.,
DPSP, Fundamental Duties
7) Details administrative provisions included- citizenship,
official language, government services, electoral
machinery, etc
7) Provision for local government
Consequences of the Constitution
being detailed
1. The powers of both the Union and the State being
enumerated in detail, there is no scope for
judicial interpretation of the federal powers at
the expense of the State power as in the United
States, by the application of the doctrine of
‘Implied Powers’.(Ramkrishna v. Municipal
Committee, AIR 1950 SC 11)
2. Legislative Lists being elaborate to the point of
being exhaustive, little is left for the application
of the ‘residuary power’(Article 248).
3. All parts of the Constitution are to be read with
the same sanctity, without giving undue weight to
Part III or Article 246, except to the extent one is
legitimately and clearly limited by other”.
Gopalan v. State of Madras, (1950) SCR 88
4. Unique blend of flexibility &
rigidity or Flexibility Combined with
a Constitution
 rigid Constitution
is either rigid or flexible.
 A.V.Dicey
 A “FLEXIBLE CONSTITUTION” is defined as “one under which
every law of every description can legally be changed with the
same ease and in the same manner by one and the same
body.”

 A “RIGID CONSTITUTION” is “one under which certain laws

generally known as constitutional or fundamental laws cannot
be changed in the same manner as ordinary laws.”

 What distinguishes a ‘rigid’ constitution from a ‘flexible’

constitution is that it requires a special procedure for its
amendment.

 The Constitution which can be altered or amended without any

special machinery is a flexible constitution. The Constitution
which requires special procedure for the alteration or
amendment is a rigid constitution.(per Khanna,J,
Keshavananda Bharati Case)
 Unique blend of flexibility &
rigidity or Flexibility Combined
with a rigid Constitution
 The outstanding characteristic of a flexible
constitution like the British Constitution as
contrasted with a rigid constitution like ours is the
UNLIMITED AUTHORITY OF PARLIAMENT.
 In a rigid constitution there is a limitation upon the
power of the Legislature by something outside itself.
 The “sole creation of a rigid constitution is whether
the constituent assembly which drew up the
constitution left any special direction as to how it
was to be changed”. If the special procedure is to be
prescribed by the Constitution for amending it,
different from the procedure for passing ordinary
law, then the constitution is rigid.
 Distinctive feature of the Indian Constitution is that
it seeks to impart flexibility to a written federal
Constitution.
 Unique blend of flexibility & rigidity or
Flexibility Combined with a rigid
Constitution
 Amendment by Simple majority –
 Article 4-Changes in the names, boundaries, areas
of, and amalgamation and separation of States
 Article 169- Abolition and creation of the Second
Chamber of a State Legislature
 Para 7 of the 5th Schedule and para 21 of the 6th
Schedule)- Administration of Scheduled Areas and
Schedule Tribes
 Article 239A(2)Creation of Legislatures and
Council of Ministers for certain Union territories
 Amendment by special majority
 Total majority of that house and by a majority
of not less than two-thirds of the members of that
house present and voting.
 By special majority and Ratification by states.
5. Combination of the Presidential
and Parliamentary systems of
Government
• Elected President at the head of the Union as in the
U.S.A.,
• The system of Government of which the President is
to remain as the constitutional head is a
Parliamentary system of the British type.
• Executive Power though formally vested in the
President, is in effect exercised by the Council of
Ministers headed by the Prime Minister ad
responsible to the Lok Sabha.
• Executive responsible to the Lok Sabha.
• He must in all matters, act on the advice of a Council
of Ministers responsible to the Union Legislature.
(Ram Jawaya v. State of Punjab, (1955) 2 SCR 225;
Sanjeevi v. State of Madras, AIR 1970 SC 1102,
U.N.Rao v. Indira, AIR 1971 SC 1002)
• Article 74 – 42nd and 44th Constitutional Amendment
Combination of the Presidential and
Parliamentary systems of
Government
 Followed the British model (reason we were
accustomed to this)
 Essence of Parliamentary form of government
is its
responsibility to the legislature
 President Constitutional Head
 Real executive powers is vested in the council
of ministers whose head is the Prime minister
 Council of ministers (executive) collectively
responsible to the Lok Sabha (Lower House)
 Members of Lok Sabha elected directly by the
people
 Combination of the Presidential and
Parliamentary systems of Government
• Article 74. Council of Ministers to aid and advice
President-
• (1) There shall be a Council of Ministers with the Prime
Minister at the head to aid and advice the President who
shall, in the exercise of his functions, act in accordance
with such advice:
Provided that the President may require the Council of
Ministers to reconsider such advice, either generally
or otherwise, and the President shall act in accordance
with the advice tendered after such reconsideration.
• Fundamental Difference:
• Whereas the American System is based on the doctrine of
separation of powers between the executive and the
legislative organs, the Indian system is based on the
principle of co-ordination and co-operation.
 Combination of the Presidential and
Parliamentary systems of Government

• Compared with the Constitution of Eire.

• Indian Constitution is not an exact replica of
the Irish model either.
• The Constitution of Eire lays down that the
constitutional powers of the President can
only be exercised by him on the advice of
Ministers, except those which are left to his
discretion by the Constitution itself.
• But in the Indian Constitution there is no
provision authorizing the President to act in
his discretion’ on any matter.
6. Fundamental Rights (Part III)
• Definition of State (Article 12)
• Definition of law (Article 13)
• Classification of Fundamental Rights
• 1) Right to equality (Article 14 to 18)
• 2) Right to freedom (Article 19 to 22)
• 3) Right against exploitation (Article 23-24)
• 4) Right to freedom of religion (Article 25 to 28)
• 5) Cultural & Educational Rights (Articles 29-30)
• 6) Right to constitutional remedies (Article 32-
35)
 Fundamental Rights
• Though the concept of FRs in our Constitution
follows the ‘Bill of Rights’ embodied in the
American Constitution, there are certain
novelties which cannot be overlooked in a
proper understanding of the Constitution of
India
1. Fundamental rights subject to reasonable
regulation by Legislature
Instead of leaving the mater to the off-chance of
judicial protection in particular cases, the
INDIAN CONSTITUTION MAKES EACH OF
THE FUNDAMENTAL RIGHTS SUBJECT TO
LEGISLATIVE CONTROL UNDER THE
TERMS OF THE CONSTITUTION ITSELF.
 Fundamental Rights
2. Secondly, the significance of the Fundamental Rights
has been modified by introducing the non-justiciable
DPSP .
• Though the object of the original Constitution was to
provide certain non-justiciable ideals, the Directives
have gained predominance vis-à-vis the Fundamental
Rights in two ways:
• 1. By EXPANDING THE SCOPE OF ARTICLE 31C, by
the 42nd Amendment Act, 1976.
• By the Supreme Court’s activist view that IN
INTERPRETING THE FUNDAMENTAL RIGHTS, THE
DIRECTIVE PRINCIPLES SHOULD BE READ INTO THE
RIGHTS and that the use of directions under Article 32
can be made to indirectly enforce the non-justiciable
Directive Principles as well as Fundamental Duties.
7.Directive Principle of State policy
• Sets out the aims & objectives to be taken
up by the states in the governance of the
Country .
• Borrowed from Ireland which had copied it
from the Spanish constitution .
• Not enforceable (Article 37)
• Establishes the concept of Welfare State.
8. A Federation with Strong
Centralizing Tendency
• Being federal acquires unitary character
during emergency
• Normal distribution of powers between
centre and state undergoes a vital change
• Union Parliament empowered to legislate
on any subjects mentioned in the state list.
 9. Independent Judiciary
• An independent and impartial judiciary is said to be
the first condition of liberty.
• It’s a custodian of the rights of citizens.
• Provisions of the Constitution intended to secure
independence and impartiality of the Supreme Court
and the High Courts:
1. Appointment-President appoints the judges after
consultation with judicial authorities.
2. Security of tenure is guaranteed to every judge.
(Article 124 & 128)
3. Salaries of the Judges have been fixed by the
Constitution & cannot be varied by the Legislature
except during the period of financial emergency.
4. Once appointed, their privileges, rights and
allowances cannot be altered to their disadvantage.
(Articles 125,221,360)
5. No discussion shall take place in the Legislature of a
State or in Parliament with respect to the conduct of any
judge of the Supreme Court or of a High Court in the
discharge of his duties. (Article 121,211)
9 Independent Judiciary
6. Expenditure in respect of the salaries and
allowances of the judges is not put to vote of the
Legislatures. (Article 146,229)
7. The administrative expenses of the Supreme Court
are charged on the consolidated fund of India.
(146,229)
8. Debar from pleading before any court : The
Constitution debars the Supreme Court judges from
pleading before any court or judicial authority in
India after retirement. Also after retirement a judge
of the High Court can practice only in the Supreme
Court or in the High Court in which he has not been
a Judge. (Article 124(7),220).
9. The Supreme Court & the High Court have given
authority to recruit their staff and frame rules
regarding conditions of service. (Article 146, 229)
10 A Secular State
• A secular state has no religion of its own.
• Treat all religions equally.
• Preamble –to secure to all it’s citizens
“liberty of belief, faith and worship”.
• Article 25 to 28 gives concrete shape to this
concept of constitution.
11. Single Citizenship
• No state citizenship
12. Fundamental Duties
• Added by Constitution (42nd Amendment)
Act,1976
• Originally 10 fundamental duties
• Constitutional (86th Amendment) Act,
2002 added a new clause (k)
13. Preamble
• Unlike the Constitution of Australia, Canada or the
U.S.A., the Constitution of India has an Elaborate
Preamble.
• Purposes served by the Preamble
– Who has made the Constitution.
– Source
– Ultimate sanction behind it.
– Nature of polity sought to be established by the
Constitution.
– Goals and objectives
– Enacting clause
– Declares the rights and freedoms
– Sets out the aim and aspirations of people of India
14. Socialist State
• The word “socialist” was not there
originally in the Preamble.
• Added by 42nd Amendment
 Features of the Indian Constitution
borrowed from other Constitutions

British Constitution
Parliamentary form of government
The idea of single citizenship
The idea of the Rule of law
Institution of Speaker and his role
Lawmaking procedure
United States Constitution
Fundamental Rights, which is similar to the United States Bill of Rights
Federal structure of government
Power of Judicial Review and independence of the judiciary
Irish Constitution
Directive principles of state policy
 Features of the Indian Constitution
borrowed from other Constitutions
French Constitution
Ideals of Liberty, Equality and Fraternity
Canadian Constitution
A quasi-federal form of government (a federal system with
a strong central government)
The idea of Residual Powers
Australian Constitution
The idea of the Concurrent list
Freedom of trade and commerce within the country and
between the states
Soviet Constitution
The Planning Commission and Five-Year Plans
Fundamental Duties