Chapter 3: Salient Features of the Indian Constitution
Introduction
The Indian Constitution is unique in many ways.
It is the longest written constitution in the world and represents a blend of rigidity and flexibility, federalism and unitary features, socialism and secularism, rights and duties.
The Constitution reflects the aspirations of Indian society and provides a strong framework for governance while also aiming for justice, liberty, equality, and fraternity.
Salient Features (Major Characteristics)
Let’s now understand each feature properly with explanations:
1. Lengthiest Written Constitution
- Indian Constitution originally had:
- 395 Articles in 22 Parts and 8 Schedules (now more than 470 Articles and 12 Schedules).
- Compared to USA (only 7 Articles) or Australia (128 Articles), India’s is very detailed.
Why so long?
- Vast diversity (religious, cultural, linguistic).
- Detailed governance structure (Centre + States).
- Inclusion of rights, DPSP, emergency powers, services rules, elections, etc.
- Experience from Government of India Act 1935 (large influence).
Example:
Separate provisions for Jammu & Kashmir (now removed) earlier under Article 370.
2. Drawn from Multiple Sources
- The Constitution borrowed features from many countries:
| Country | Borrowed Feature |
|---|---|
| UK | Parliamentary System, Rule of Law |
| USA | Fundamental Rights, Judicial Review, Impeachment |
| Canada | Federation with strong Centre |
| Ireland | Directive Principles of State Policy |
| Australia | Concurrent List, Freedom of Trade |
Example:
- Parliamentary system → British Model.
- Fundamental Rights → American Bill of Rights.
3. Blend of Rigidity and Flexibility
- Some parts can be easily amended (simple majority) — Flexible.
- Some parts need special majority + state ratification — Rigid.
Example:
- Formation of new states (Art 3) → Simple majority.
- Amendment to Fundamental Rights → Special majority + half of states.
Thus:
India’s Constitution combines the best of both worlds — neither too rigid like the USA nor too flexible like Britain.
4. Federal System with Unitary Bias
- Powers divided between Centre and States (Federalism).
- But during emergencies (Art 352, 356, 360), Centre becomes very powerful (Unitary nature).
Key Federal Features:
- Written Constitution.
- Division of powers (7th Schedule: Union, State, Concurrent Lists).
- Independent judiciary.
Key Unitary Features:
- Single Constitution for Centre and States.
- Single citizenship.
- Strong role of Centre in law-making and administration.
Example:
- During National Emergency, Parliament can make laws on State subjects (Art 353).
5. Parliamentary Form of Government
- Executive is responsible to the legislature.
- Prime Minister is the real head; President is the nominal head.
Features:
- Collective responsibility of ministers to Lok Sabha.
- Political accountability.
Example:
- No-confidence motion can remove the entire Council of Ministers.
6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
- Parliament is supreme in making laws but within constitutional limits.
- Judiciary can review laws and strike down unconstitutional ones.
Example:
- Kesavananda Bharati Case (1973) — Parliament cannot destroy the Basic Structure.
7. Secular State
- India has no official state religion.
- Equal respect to all religions (positive secularism).
Features:
- Freedom of religion guaranteed (Articles 25-28).
- No religious tests for government jobs.
Example:
- Temple entry for all castes, Sabarimala Case (2018) → Gender Equality.
8. Universal Adult Franchise
- Every citizen above 18 years has the right to vote without discrimination (Art 326).
Significance:
- Foundation of democracy.
- Empowerment of common people.
9. Independent and Integrated Judiciary
- Single judicial system (Supreme Court → High Courts → Subordinate Courts).
- Judiciary protects Fundamental Rights through writs.
Example:
- Supreme Court can issue writs like Habeas Corpus to protect liberty.
10. Fundamental Rights and Duties
- Fundamental Rights (Part III) protect individuals against the State.
- Fundamental Duties (Part IVA) added by 42nd Amendment (1976) remind citizens of their responsibilities.
Example of Duties:
- Respect Constitution, National Flag, and National Anthem.
- Protect the environment.
11. Directive Principles of State Policy (DPSP)
- Part IV (Articles 36-51) guide the government to build a welfare state.
Examples:
- Promotion of education (Art 45).
- Equal pay for equal work (Art 39).
- DPSPs are not enforceable by courts but fundamental in governance.
12. Emergency Provisions
- Constitution provides for extraordinary powers during abnormal situations:
- National Emergency (Art 352).
- State Emergency (President’s Rule, Art 356).
- Financial Emergency (Art 360).
Example:
- National Emergency during 1975-77 (Internal Disturbance).
13. Single Citizenship
- Unlike the USA (dual citizenship — state and federal), India has only one citizenship — Indian.
Meaning:
- Citizens can move freely, settle, and own property anywhere in India.
14. Special Provisions for Minorities, SCs, STs, and Backward Classes
- Reservation in education, jobs, political representation.
- Protection of cultural and educational rights (Art 29-30).
Example:
- Reservation for SCs/STs in Lok Sabha (Art 330).
Conclusion
The Indian Constitution is a living document — balancing tradition and modernity, rigidity and flexibility, individual rights and collective good.
It provides a strong framework for India’s unity, integrity, and development — while respecting the diversity and aspirations of its people.
As Dr. B.R. Ambedkar rightly said:
“However good a Constitution may be, it is sure to turn out bad if those who are called to work it, happen to be a bad lot.“
Important Facts (Quick MCQ Boosters):
- Lengthiest written constitution in the world.
- Borrowed features from more than 10 countries.
- 42nd Amendment Act (1976) added “Socialist“, “Secular“, and “Integrity” in the Preamble.
Chapter 4: Preamble of the Constitution
Introduction
The Preamble is the introduction to the Constitution.
It states the philosophy, values, goals, and basic nature of the Indian state.
It is like the “Identity Card” or “Soul” of the Constitution.
Dr. B.R. Ambedkar called it the “horoscope of the Constitution.”
Text of the Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:JUSTICE — social, economic and political;
LIBERTY — of thought, expression, belief, faith and worship;
EQUALITY — of status and of opportunity; and to promote among them all
FRATERNITY — assuring the dignity of the individual and the unity and integrity of the Nation;IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Key Elements of the Preamble
Let’s understand each keyword properly:
1. We, the People of India
- Constitution derives its authority from the people, not from any king, ruler, or foreign power.
- Emphasizes popular sovereignty.
Example:
- Same principle as in the American Constitution (“We the People…”).
2. Sovereign
- India is completely independent, both externally and internally.
- No external power (like Britain) has control over India.
Example:
- India can freely make its own foreign policy (e.g., Nuclear Test in 1998, Non-Alignment Movement).
3. Socialist (Added by 42nd Amendment, 1976)
- India aims for social and economic equality.
- Not pure communism — but a mixed economy (private + public sector).
Example:
- Programs like MNREGA (employment guarantee) promote socialistic ideals.
4. Secular (Added by 42nd Amendment, 1976)
- The State treats all religions equally.
- No State religion.
- Citizens have full freedom of religion (Art 25–28).
Example:
- State funds support religious festivals of different communities equally.
5. Democratic
- India has a democracy — leaders are elected by the people.
- Periodic free elections, universal adult franchise (every citizen 18+ can vote).
Example:
- 17 Lok Sabha general elections conducted since independence.
6. Republic
- Head of the State (President) is elected, not a hereditary monarch.
- All public offices open to citizens based on merit.
Example:
- Dr. Rajendra Prasad became India’s first President through election, not birthright.
7. Justice (Social, Economic, Political)
- Social Justice: Removal of discrimination based on caste, gender, religion, etc.
- Economic Justice: Fair distribution of wealth, reduction of poverty.
- Political Justice: Equal opportunity to participate in political processes.
Example:
- Reservations for SCs, STs, OBCs to promote social and economic justice.
8. Liberty (of thought, expression, belief, faith, and worship)
- Freedom to think, speak, express, and follow any religion.
- However, subject to reasonable restrictions (security, public order).
Example:
- Freedom of Press — an essential part of freedom of expression (Art 19).
9. Equality (of status and opportunity)
- No discrimination by the State.
- Equal access to public places, employment, and justice.
Example:
- Right to Equality (Art 14–18) — abolition of untouchability.
10. Fraternity
- Spirit of brotherhood among all Indians.
- Respect for dignity of individuals and the unity of the nation.
Example:
- Fundamental Duty: Promote harmony and spirit of common brotherhood among all the people of India (Art 51A).
Amendment of Preamble
- 42nd Constitutional Amendment Act, 1976 made the only changes to the Preamble.
- Added three new words:
- Socialist
- Secular
- Integrity
Thus:
Original phrase “unity of the Nation” became “unity and integrity of the Nation.”
Is the Preamble a part of the Constitution?
Judicial Interpretations:
- Berubari Union Case (1960):
- SC said Preamble is not part of Constitution.
- Kesavananda Bharati Case (1973):
- SC reversed earlier judgment.
- Declared Preamble as part of the Constitution.
- Preamble can be used to interpret constitutional provisions.
- But Preamble cannot override explicit articles.
Thus:
Preamble is an integral part but not enforceable in courts directly.
Importance of the Preamble
- Reflects the ideals and values of Constitution-makers.
- Helps interpret ambiguous constitutional provisions.
- Declares objectives that the Constitution seeks to achieve.
Example:
- Helps understand why certain Fundamental Rights and DPSPs are placed.
Criticism of Preamble
- Some critics call it unnecessary because all points are discussed inside the Constitution itself.
- But widely accepted now as an important guiding document.
Conclusion
The Preamble is the soul of the Constitution,
providing a blueprint for India’s future —
built on the foundation of sovereignty, democracy, socialism, secularism, equality, liberty, justice, and fraternity.
It continues to inspire the Indian polity to stay true to the goals of the Constitution.
Important PSC/UPSC Facts:
| Point | Detail |
|---|---|
| Added words by 42nd Amendment | Socialist, Secular, Integrity |
| Preamble enforceable in courts? | No, but used for interpretation |
| Famous Case | Kesavananda Bharati (1973) — Preamble part of Constitution |