Constitution: Salient Features

• India- Parliamentary democracy.

• Council of ministers- headed by P.M who enjoy real powers &
responsible to Parliament which is elected by people by
universal adult Franchise.
• The Indian Constitution Provides for FRs which are justifiable.
• FDs- added to Constitution later.
• DPSPs of state policy- concrete shape of welfare state.
• Originally- Constitution enacted- 395 Articles divided into 22
parts & 8 schedules.
• Lengthiest Const. with systematic elaboration on every topic.
• At present- 448 Art. With 12 schedules- various amendments
(101 till so far, GST Amendment)
 Longest Written Constitution
It contains:
• Separate provisions for States & Centre & their
inter-relationship.
• Borrowed provisions from several sources &
several other Constitution of world.
• Separate provisions- scheduled castes/
scheduled tribes/ women/ children &
backward classes.
 Unique blend of Rigidity & Flexibility
Const. rigid or flexible- basis of amending procedure.
• Some parts- amended by ordinary law making
procedure while certain provisions can be amended
only when a bill for that purpose is passed in each
house of Parliament by a majority of total membership
of that house & by a majority of not less than two-third
of members of that house present & voting.
• Some amendments – required to be ratified by
legislatures of not less than one- half of the States
before being presented to President for assent.
 Parliamentary Form of Government
• Parliament- controls functioning of council of ministers-
called Parliamentary system.
• In India- Bicameral Legislature system- system effective-
as lot of discussions/ deliberations before making
legislation.
• A.74 & 75- Parliamentary system at Centre.
• A. 163 & 164- Parliamentary system at the States.
• A. 74- provides there should be council of ministers with
P.M & council of minister can aid & advise the P.M.
• A.75- deals with relating to appointment of ministers.
 Single Citizenship
• Usually in federal state- citizen enjoy double citizenship
like U.S.A. in India concept of Single citizenship.
• Part II of Const. i.e. A.5 to A.11- citizenship
• The citizenship Act, 1955- recently amended in 2019-
deals with citizenship.
• All citizens of India- secure employment anywhere in
country & enjoy all rights equally in all parts of nation.
• The citizenship of Indians is largely determined by
Principle of jus sanguinis- citizenship is based on
citizenship of parents.
 Universal Adult Franchise
• Const. establishes political equality through
method of Universal Adult Franchise-
functions on basis of ‘one person one vote’.
• Every citizen who is above 18 years- right to
vote in elections irrespective of Caste, sex,
race, religion or status.
• Provision added by 61th Amendment.
• A. 326- Guarantees- Right to Vote.
 Independent Judiciary.
• Ensures- proper functioning of Const. & enforcement of
various provisions of Const.
• Const. makers-ensured- judiciary independent- not be
bias.
• S.C watchdog of democracy.
• Indian Judiciary- Independent & Impartial.
• Judiciary- free from influence of executive & Legislature.
• Judges appointed on basis of qualification & can not be
removed easily.
Directives Principles of State Policy
• Part IV deals with it.
• Guidelines to be followed by State regarding
Governance & not enforceable in court of law.
• Instructions to legislature & executive that has
to be followed while framing any legislation.
 Federal Polity
• India- federal Structure.
• In federation- Two distinct level of Govt. for
whole country- Union/ Central Govt.
• There is govt. for each unit or State.
• Const. of India- do not use term ‘Federal state’
but calls India a ‘Union of States’.
• Proper distribution of power b/w Centre & State
Govts. in form of Union list/ State list &
concurrent list.
 Quasi- Federal
• Means- federal set up where having two sets of Govt.
Central & State- division of power- not equal & more
powers given to Central Govt.

Evident as Union List- more matter than State list.

• During Emergency- States come under control of
Centre.
• Supremacy of Judiciary- essential feature of federation
so that Const.- interpreted impartially.

Supremacy of Const. always protected.

 Judicial Review
• Essential feature of Const.
• Judiciary- considered to be guardian of Const.- so
duty of Judiciary to check actions that are violative
of various articles of Const.
• Judiciary- check on Exe. & Leg. Using J.R.
• Court- invalidate any act – violative of basic
features of Const.
• A.32/ A.136- related to Judicial Review in S.C
• A. 226/ A. 227- related to Judicial Review in H.C
Fundamental duties/ Fundamental Rights

• A.51 A- provides various FDs.

• No specific provision- enforce FDs in Courts but
necessary to follow them.
Fundamental Rights-
• Part III- Const- deals with it.
• A.14-35- FRs.
• Not absolute rights- subject to limitations-
expressly defined by Const. & enforceable in
Courts.
 Secular State
• No separate religion for State.
• Every religion respected equally in State.
• Preamble- const. – India has to be a secular State.
• FRs- provide citizen- freedom to follow their own
religion & religious practices & no one can be
forced to follow any religion.
• A.26- right to manage their own religion in order
to prevent any intrusion.