Salient Features of Indian Constitution

Longest written constitution

the largest written constitution in the world because of its contents.
consisted of 395 Articles and 8 Schedules
At present it contains 395 Articles and 12 Schedules, and more than 80 amendments.
Partly Rigid and Partly Flexible
Some parts of the Constitution can be amended by the ordinary law-making process by
Parliament.
Certain provisions can be amended, only when a Bill for that purpose is passed in each
house of Parliament by a majority of the total membership of that house by a majority of
not less than two-third of the members of that house present and voting.
presented to the President for his assent.
power to initiate bills for amendment lies in Parliament alone, and not in the state
legislatures.
A Democratic Republic
sovereignty rests with the people of India.
govern themselves through their representatives elected on the basis of universal adult
franchise.
Parliamentary System of Government
adopted the Parliamentary system as found in Britain.
executive is responsible to the legislature
president of India, who remains in office for five years is the nominal, titular or
constitutional head.
The Union Council of Ministers with the Prime Minister as its head
A Federation
Article 1 of the Constitution Union of States."
A state is federal when (a) there are two sets of governments and there is distribution of
powers between the two, (b) there is a written constitution, which is the supreme law of

the land and (c) there is an independent judiciary to interpret the constitution and settle
disputes between the centre and the states.
Supreme Court which is independent from the control of the executive and the
legislature.
provides for single citizenship only.
single integrated judiciary for the whole country alon with other services like Indian
Administrative Service, the India Police Service, and Indian Forest Service prove to be a
unitary feature. Members of these services are recruited by the Union Public Service
Commission on an All-India basis.
Governor placed as the constitutional head of the state, acts as the agent of the centre and
is intended to safeguard the interests of the centre.
Fundamental Rights
part III of the Constitution deals with those rights which are known as fundamental
rights.
(i)

Right to equality

(ii)

Right to freedom

(iii)

Right against exploitation

(iv)

Right to freedom of Religion

(v)

Cultural and Educational rights

(vi)

Right to constitutional remedies.

Right to property (Article-31) originally a fundamental right has been omitted by
the 44th Amendment Act. 1978. It is now a legal right.

Directive Principles of State Policy

directives to the government to implement them for establishing social and economic
democracy in the country.
dequate means to livelihood, equal pay for both men and women, distribution of wealth
so as to subserve the common good, free and compulsory primary education, right to
work, public assistance in case of old age, unemployment, sickness and disablement, the
organisation of village Panchayats, special care to the economically back ward sections of
the people etc.

Fundamental Duties
A new part IV (A) after the Directive Principles of State Policy was incorporated in the
constitution by the 42nd Amendment, 1976 for fundaments duties. These duties are:
i) To abide by the Constitution and respect its ideals and institutions, the National Flag
and the National Anthem;
ii) To cherish and follow the noble ideals, which inspired our national struggle for
freedom;
iii) To uphold and protect the sovereignty, unity and integrity of India;
iv) To defend the country and render national service when called upon to do so;
v) to promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic, regional or sectional diversities, to renounce
practices derogatory to the dignity of woman;
vi) to value and preserve the rich heritage of our composite culture;
vii) to protect and improve the natural environments including forests, lakes, rivers and
wild life and to have compassion for living creatures;
viii) to develop scientific temper, humanism and the spirit of inquiry and reform;
ix) to safeguard public property and to abjure violence;
x) to strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of Endeavour and achievement.
Secular State
A secular state is neither religious nor irreligious, or anti-religious.
neutral in matters of religion
An Independent Judiciary
independent of the legislature and the executive.
protector of fundamental rights of Indian citizens and guardian of the Constitution.
Single Citizenship
promoting unity and integrity of the nation.

The Preamble
A preamble is an introductory and explanatory statement in a document that explains the
document's purpose and underlying philosophy.
WE, THE PEOPLE OF INDIA, have 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.
designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur

Fundamental Rights
basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious
development of personality.
These rights universally apply to all citizens, irrespective of race, place of birth,
religion, caste or gender.
The seven fundamental rights recognised by the Indian constitution are: [1]
1. Right to equality, including equality before law, prohibition of discrimination on grounds of
religion, race, caste, gender or place of birth, and equality of opportunity in matters of
employment, abolition of untouchability and abolition of titles.
2. Right to freedom which includes speech and expression, assembly, association or union or
cooperatives, movement, residence, and right to practice any profession or occupation
(some of these rights are subject to security of the State, friendly relations with foreign
countries, public order, decency or morality), right to life and liberty, right to education,

protection in respect to conviction in offences and protection against arrest and detention in
certain cases.
3. Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in
human beings;
4. Right to freedom of religion, including freedom of conscience and free profession, practice,
and propagation of religion, freedom to manage religious affairs, freedom from certain taxes
and freedom from religious instructions in certain educational institutes.
5. Cultural and Educational rights preserving Right of any section of citizens to conserve their
culture, language or script, and right of minorities to establish and administer educational
institutions of their choice.
6. Right to constitutional remedies for enforcement of Fundamental Rights.
7. Right to elementary education.

Article 21A On 2 April 2010, India joined a group of few countries in the world, with a historic law
making education a fundamental right of every child coming into force.

[49]

Making elementary

education an entitlement for children in the 614 age group, the Right of Children to Free and
Compulsory Education Act will directly benefit children who do not go to school at present.
Directive Principles of State Policy
guidelines to the central and state governments of India, to be kept in mind while framing laws and
policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by
any court, but the principles laid down therein are considered fundamental in the governance of the
[1]

country, making it the duty of the State to apply these principles in making laws to establish a just
society in the country.
The principles have been inspired by the Directive Principles given in the Constitution of Ireland
Article 48-A, which ensures Protection and improvement of environment and safeguarding of forests
[27]

and wild life,

was added by the 42nd Amendment Act, 1976

Fundamental Duties
The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976,
upon the recommendations of theSwaran Singh Committee

hese are non-justifiable, without any legal sanction in case of their violation or non-compliance.
The Fundamental Duties noted in the constitution are as follows: [101]
It shall be the duty of every citizen of India

to abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;

to cherish and follow the noble ideals which inspired our national struggle for freedom;

to uphold and protect the sovereignty, unity and integrity of India;

to defend the country and render national service when called upon to do so;

to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;

to value and preserve the rich heritage of our composite culture;

to protect and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures;

to develop the scientific temper, humanism and the spirit of inquiry and reform;

to safeguard public property and to abjure violence;

to strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement;
who is a parent or guardian to provide opportunities for education to his child or, as the case

may be, ward between the age of six and fourteen years

3 Branches of Government
The executive is the part of government that has sole authority and responsibility for the daily
administration of the state.
consists of the President of India, the Council of Ministers, the Vice-President, the Union Ministries and the
Independent Executive Agencies.
The major Independent Executive Agencies under the Indian Executive Government are listed below:
Central Bureau of Investigation (CBI)
National Commission for Women

Central Information Commission

Central Vigilance Commission (CVC)

National Human Rights Commission (NHRC)

Election Commission of India

Comptroller and Auditor General of India (CAG)

Telecom Regulatory Authority of India (TRAI)

National Commission on Population

Atomic Energy Regulatory Board (AERB)

Planning Commission - The premier agency

Union Public Service Commission (UPSC).

Legislature
Legislative power in India is exercised by the Parliament, a bicameral legislature consisting of
the president of India, the Rajya Sabha, and the Lok Sabha. Of the two houses of Parliament, the
former is considered to be the upper house and consists of members appointed by the president
and elected by the state and territorial legislatures. The latter is considered the lower house, and its
members are directly elected by the people of India. Unlike in many parliamentary democracies,
members of either house of parliament are referred to as members of parliament, or MPs.

Rajya Sabha (a body consisting of 245 seats up to 12 of which are appointed

by the president, the remainder chosen in staggered elections by the elected
members of the state and territorial assemblies; members serve six-year
terms)
Lok Sabha (545 seats; 543 members elected by popular vote, 2 appointed by
the president; members serve five-year terms)
Judiciary
There are various levels of judiciary in India different types of courts, each with varying powers
depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of
importance, in line with the order of the courts in which they sit, with the Supreme Court of India at
the top, followed by High Courts of respective states with district judges sitting in District Courtsand
Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.
independent of the executive and legislative branches of government according to the Constitution.

On 26 January 1950, the day India's constitution came into force, the Supreme Court of India was
formed in Delhi.
There are 24 High Courts at the State level. Article 141 of the Constitution of India mandates that
they are bound by the judgments and orders of the Supreme Court of India by precedence.
The Calcutta High Court is the oldest High Court in the country, established on 2 July 1862.
The District Courts of India are established by the State governments in India for every district or for
one or more districts together taking into account the number of cases, population distribution in the
district.
Emergency Provisions
The emergency provisions of the Constitution of India are contained in Part XVIII of that
document. The President of India has the power to impose emergency rule in any or all the Indian
states if the security of part or all of India is threatened by "war or external aggression or armed
rebellion". (article 356)
Article 352(1) says that "If the President is satisfied that a grave emergency exists whereby the security of
India or of any part of the territory thereof is threatened, whether by war or external aggression or armed
rebellion, he may, by proclamation, make a declaration to that effect in respect of the whole of India or of
such part of the territory thereof as may be specified in the proclamation".
Article 355 imposes an obligation upon the Union "to protect every State against external aggression and
internal disturbance and to ensure that the government of every State is carried on in accordance with the
provisions of this Constitution".
Article 356 carries the marginal heading "Provisions in case of failure of constitutional machinery in
States". But neither clause (1) nor for that matter any other clause in the article employs the expression
"failure of constitutional machinery". On the other hand, the words used are similar to those occurring in
article 355, namely, "a situation has arisen in which the government of the State cannot be carried on in
accordance with the provisions of this Constitution". If the President is satisfied that such a situation has
arisen, whether on the basis of a report received from the Governor of the State or otherwise, he may, by
proclamation, take any or all of the three steps mentioned in sub-clauses (a), (b) and (c)

Amendment of the Constitution of India is the process of making changes to the nation's
fundamental law or supreme law. The procedure of amendment in the constitution is laid down in
Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the
Constitution of India and keeps a check on arbitrary power of the Parliament of India.
1) An amendment of the constitution may be initiated only by the introduction of a Bill for the
purpose in either house of Parliament and when a bill is passed in each house.
2) 2) For amending certain provisions a special procedure to be followed,

3) There are certain provisions which require simple majority for amendments. They can be
amended by the ordinary law making process. They include (a) formation of new states and
alteration of areas, boundaries or names of existing ones (b) creation or abolition of Legislative
Councils in the states (c) administration and control of scheduled areas and scheduled Tribes (d) the
salaries and allowances of the Supreme Court and High Court Judges (e) laws regarding citizenship
etc. It is significant that the laws passed by Parliament to change the above provisions would not be
deemed to be amendments of the Constitution for the purpose of Article 368.