SALIENT FEATURE OF

THE CONSTITUTON
BY : DEVDUTT CHAUDHARY
BBA LL.B IIIrd SEM
BY : DEP. DEAN ANNU BAHL
 Salient Features of Indian Constitution
1. Lengthiest Written Constitution
• Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts)
and 8 Schedules.
• Presently, it consists of a Preamble, about 470 Articles (divided into 25 Parts) and 12
Schedules.
Why is our constitution of elephantine size ?
➢ Geographical factors.
➢ Historical factors.
➢ Single Constitution for both the Centre and the states.
➢ Dominance of legal luminaries in the Constituent Assembly
 2. Single Citizenship

• Single citizenship means a person is a citizen of the whole country.

• Federal in character but provide single citizenship.
• US have dual citizenship system.
 3.Federal System with Unitary Bias
• Article 1= Describes India that is Bharat as a ‘ Union of States’ .
• Indian Constitution=‘quasi-federal
How Union is powerful ?
7th Schedule of Constitution :
1. Union List = 97 Subjects
2. State List = 66 Subjects
3.Concurrent List = 47 Subjects
 4.Parliamentary form of Government

• Presence of nominal and real executives.

• Majority party rule.
• Collective responsibility of the executive to the legislature.
• Dissolution of the lower House (Lok Sabha or Assembly).
• Head of the State also get elected .
 5.Secular State

• India don’t have state religion.

• Inserted by 42nd Constitutional Amendment Act 1976.
• Article 25 to 28 – guarantee freedom of conscious , right to profess , practice and
propagate any religion.
• The Indian Constitution embodies the positive concept of secularism, i.e giving
equal respect to all religions or protecting all religions equally .
6.Unique blend (mixture) of Rigidity and Flexibility

Rigid
American
Constitution Require a special procedure for its amendment
Constitution

Flexible Amended in the same manner as the ordinary British

Constitution laws are made . Constitution

The Constitution of India is neither rigid nor flexible, but a synthesis of both .
 7. Universal Adult Franchise

• Every citizen who is not less than 18 years of age has a right to vote
without any discrimination of caste, race, religion, sex, literacy, wealth
and so on.
• The voting age was reduced to 18 years from 21 years in 1989 by the 61st
Constitutional Amendment Act of 1988.
 8. Independent Judiciary

• Article 124(2) says that Judges of SC are , appointed by president after

consultation with Judges of SC and HC .
• Judges salaries , allowances and facilities can’t be deducted.
• To give free and fair judgements.
• Judicial Reviews.
 9. Fundamental Rights
These rights are fundamental because they are basic to the moral development of the individual and these rights cannot be easily change
by the parliament.
Right To Property is removed from fundamental rights by 44th Amendment Act, 1978 as result its now a legal right.

Six Fundamental Rights:

• Right to Equality (Article 14-18)
• Right to Freedom (Article 19-22)
• Right against Exploitation (Article 23-24)
• Right to Freedom of Religion (Article 25-28)
• Cultural and Educational Rights (Article 29-30)
• Right to Constitutional Remedies (Article 32)
 10. Fundamental Duties
Article 51A of the Indian Constitution provides various fundamental duties.In the case of AIIMS Student
Union vs AIIMS, it was held that the fundamental duties are equally important as the fundamental rights.

There are various duties provided to a citizen like:

• To abide by the Constitution and respectits its ideal and institution, the
National Flag and the National Anthem.
• To cherish the nobal ideals of the freedom struggle.
• To uphold and protect the sovereignty, unity, and integrity of india.
• to defend the country and render national sertvice when called upon to do so.
• To value the rich heritage of our country.
• To protect the environment and carry out measures to improve them.
• To safeguard the public property.
• To promote harmony and the spirit of a common brotherhood.
• Who is a parents and guardian to proivde oppotunities for education to his
child or, as the case may be, ward between the age of 16 and 14 years.
• To develop the scientific temper, humanism and the spirit of inquiry and
reform.
 Bibliography

1. Indian Constitution
2. Drishti IAS
3. Lawnews.com
4. M.Laxmikant