Salient Features of the Indian Constitution

Salient Features of Indian Constitution: The Indian Constitution establishes the foundation for a unified and democratic India. The document opens with a significant section known as the Preamble. This introductory passage serves a vital purpose by outlining the Constitution’s core principles and aspirations. These goals, in turn, profoundly influence the various features that make up the body of the Constitution.

Following the guiding light of the Preamble, the Constitution incorporates a number of key features designed to promote national unity. One such feature is federalism, a system that balances the powers of the central government with those of individual states. This ensures that regional needs and concerns are addressed while maintaining a strong central authority. Another important feature is the concept of a supreme Constitution. This establishes the Constitution as the highest law of the land, ensuring that all other laws and actions comply with its principles.

The written nature of the Constitution is another key feature. Having a clear and documented set of rules provides transparency and stability. Additionally, the Constitution is designed to be relatively rigid, with a specific amendment process. This helps to ensure that the core principles of the document are not easily altered, fostering long-term stability.

What is the Constitution of India?

The Indian Constitution serves as the supreme law of the land. It acts as a blueprint for India’s political system, outlining the responsibilities and powers of government institutions. It also safeguards the fundamental rights of citizens and establishes the core principles that guide governance.

Adoption of the Indian Constitution

• The Constituent Assembly, established in 1946 with Dr. Rajendra Prasad as President, was responsible for framing the Constitution.
• In August 1947, a committee chaired by Dr. B.R. Ambedkar was appointed to draft the permanent constitution.
• The Drafting Committee took nearly two years and three months (166 days) to prepare the draft Constitution, which was introduced in the Assembly on November 4, 1948.
• Following deliberations and modifications, the Constituent Assembly adopted the draft Constitution on November 26, 1949. This is the “Date of Adoption.”
• While some provisions took effect on November 26, 1949, the major part of the Constitution came into force on January 26, 1950, marking India’s transition to a sovereign republic. This is the “Date of Enactment.”

Structure and Parts of the Indian Constitution

The Indian Constitution, known for its extensive detail, is structured into several key components:

Parts:

• Parts of the Constitution group together related Articles on specific subjects or themes.
• Originally comprising 22 parts, the Indian Constitution now includes 25 parts.

Articles:

• Articles are individual clauses that outline various aspects of the legal and governmental framework.
• Starting with 395 articles, the Indian Constitution now contains 448 articles.

Schedules:

• Schedules provide supplementary information and guidelines that enhance the functionality and clarity of the Constitution.
• Initially consisting of 8 schedules, the Indian Constitution currently includes 12 schedules.

Also Read:- Preamble of Indian Constitution | A Brief Overview

List of Salient Features of Indian Constitution

The Indian Constitution, which establishes the structure, procedures, powers, and duties of government institutions as well as fundamental rights, guiding principles of state policy, and citizen duties, is the ultimate law of the land. It also lays out the framework defining fundamental political principles. This is the entire list of the Indian Constitution’s salient features:

• Longest Written Constitution
• Drawn from Various Sources
• Blend of Rigidity and Flexibility
• Federal System with Unitary Bias
• Parliamentary Form of Government
• Synthesis of Parliamentary Sovereignty and Judicial Supremacy
• Rule of Law
• Fundamental Rights
• Directive Principles of State Policy
• Fundamental Duties
• Indian Secularism
• Universal Adult Franchise
• Single Citizenship
• Independent Bodies
• Emergency Provisions
• Three-tier Government
• Co-operative Societies

Salient Features of Indian Constitution

Here is a list of 15 salient features of Indian constitution

1. Longest Written Constitution

• Comprehensive Framework: The Indian Constitution is the longest written constitution in the world, providing an extensive and detailed framework for governance.

Several factors contributed to its length:

• India’s vast size and diverse population required detailed provisions to address regional needs.
• The influence of the lengthy Government of India Act of 1935.
• The desire to establish a single constitution for both central and state governments.
• The emphasis on legal precision favored by the Constituent Assembly’s legal experts.
• The inclusion of both fundamental principles and administrative details.
• The presence of both enforceable (justiciable) and non-enforceable (non-justiciable) rights.

2. Drawn from Various Sources

Source	Features Included
Government of India Act 1935	Office of the Governor, Emergency Provisions, Public Service Commission
British Constitution	Parliamentary System, Rule of Law, Single Citizenship, Bicameral Legislature
U.S. Constitution	Fundamental Rights, Judicial Review, Presidential Impeachment, Vice President Role, Removal of Judges
Irish Constitution	Directive Principles of State Policy, Presidential Election Method, Rajya Sabha Nominations
Canadian Constitution	Quasi-Federal Structure, Central Government’s Role in State Governor Appointments, Supreme Court Advisory Jurisdiction
German Constitution	Fundamental Rights Supervision during Emergencies
Australian Constitution	Concurrent Legislative Powers, Joint Parliamentary Sessions, Freedom of Trade and Commerce
Russian Constitution	Fundamental Duties, Social Justice Principles in the Preamble
French Constitution	Republic, Liberty, Equality, and Fraternity Principles in the Preamble
South African Constitution	Constitutional Amendment Procedures, Rajya Sabha Member Elections
Japanese Constitution	Law Establishment Procedures

3. Blend of Rigidity and Flexibility

• Constitutions can be classified based on their ease of amendment:
  • Rigid: Amending these constitutions requires a special and complex process, like the American Constitution.
  • Flexible: Amendments can be made through the same process as ordinary laws, as seen in the British Constitution.

• The Indian Constitution strikes a balance between rigidity and flexibility. It provides for three categories of amendments with varying difficulty levels, depending on the nature of the change:
  • Require a majority vote in both houses of Parliament.
  • Need a higher threshold of approval in both houses.
  • Involve special majority votes in Parliament followed by ratification by a certain number of state legislatures.
• This tiered system allows for necessary adjustments while ensuring core principles remain stable.

4. Federal System with Unitary Bias

This table outlines the federal and unitary Salient Features of Indian Constitution:

Federal Features	Unitary Features
Division of powers between the Centre and states	Strong central authority with more power to the Centre
Existence of both state and central governments	Single government for specific administrative functions
Provision for All India Services	Absence of separate state services, promoting central dominance
Written constitution outlining laws and principles	Ability of the Centre to legislate for states during emergencies
Single constitution governing the entire nation	Emergency provisions allowing central control over states
Supremacy of the Constitution	Dominance of the Centre in federal structure
Provision of single citizenship	Unitary bias in the distribution of powers
Rigidity in the amendment process for federal laws	Flexibility allowing easier amendments in certain cases
Independent judiciary ensuring justice	Integrated judiciary for uniform interpretation of laws
Presence of bicameral legislature (Lok Sabha and Rajya Sabha)	Centralized control over legislative processes during emergencies

5. Parliamentary Form of Government

• The Constitution of India adopts the British Parliamentary System of Government over the American Presidential system.
• The parliamentary system emphasizes cooperation and coordination between the legislative and executive branches, contrasting with the presidential system’s principle of separation of powers.
• For further insights into the distinctions between Presidential and Parliamentary Forms of Government, refer to the linked article.
• The parliamentary system is often referred to as the ‘Westminster’ model, characterized by responsible and cabinet government.
• This system is not only established at the Central level but also implemented in the States under the Indian Constitution.
• In a parliamentary system, the role of the Prime Minister is highly significant, often leading to it being termed ‘Prime Ministerial Government’.

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

• In India, the combination of parliamentary sovereignty and judicial supremacy reflects a nuanced equilibrium between legislative authority to enact laws and judicial power to scrutinize and interpret these laws through the lens of constitutional principles.
• Parliament maintains the primary responsibility for lawmaking, yet the judiciary acts as the protector of the Constitution, ensuring that legislative actions conform to constitutional norms and safeguard fundamental rights.

7. Rule of Law

• A single court system (Supreme Court, High Courts, Subordinate Courts) enforces both central and state laws.
• The judiciary operates independently of the executive and legislature.

8. Fundamental Rights:

• Six guaranteed rights promote political democracy and limit government overreach.

9. Directive Principles of State Policy:

• These principles guide the state towards establishing a “Welfare State” with social and economic justice.

10. Fundamental Duties:

• Moral and civic obligations outlined in the Constitution for citizens to contribute to a strong nation.

11. Secular State:

• India treats all religions equally, with no official state religion.

12. Universal Adult Franchise:

• Every citizen 18 years or older has the right to vote, regardless of background.

13. Single Citizenship:

• All Indians are citizens of India, not of individual states. This promotes national unity and equal rights across the country.

14. Independent Bodies

• The Indian Constitution establishes independent bodies beyond the legislative, executive, and judicial branches (central and state).
• These bodies serve as safeguards for India’s democracy.

15. Emergency Provisions

• The Constitution allows for temporary special powers during crisis situations like war, internal disturbances, or financial instability.
• Three types of emergencies exist national, state failure, and financial.
• During emergencies, the central government gains greater power to ensure national security.

16. Three-tier Government

• The Constitution originally established a two-tier system with central and state governments.
• Landmark amendments added a third tier – local governments (panchayats and municipalities) – for decentralized governance, a unique feature.

17. Co-operative Societies

• A recent amendment elevated cooperatives to a constitutional level.
• This amendment:
  • Makes forming a cooperative society a fundamental right.
  • Adds a directive principle promoting cooperatives.
  • Creates a dedicated Part in the Constitution to regulate cooperatives for effective and democratic functioning.

Also Read:- The 44th Amendment of the Indian Constitution: An Overview

Significance of Constitution of India

The Indian Constitution establishes a strong foundation for a well-functioning democracy through several key principles:

• Rule of Law: Everyone, including government officials, is subject to the law.
• Protection of Rights: Fundamental rights safeguard freedoms and provide legal recourse if violated.
• Separation of Powers: Executive, legislative, and judicial branches have defined roles and limitations, preventing concentrated power and fostering checks and balances.
• Democratic Participation: Universal adult franchise ensures citizen participation through elections.
• Stability and Continuity: The Constitution provides a framework for consistent governance.
• National Unity: It respects diversity while promoting a sense of national identity.
• Legal Supremacy: The Constitution is the foundation for all laws and regulations.
• Adaptability: Amendments allow the document to evolve with changing times.

Schedules of the Indian Constitution

There are a total of 12 schedules of the Indian constitution. The breakdown of the 12 schedules is as follows:

Schedule	Description
First Schedule	Lists the names of states and union territories along with their territories.
Second Schedule	Provides provisions related to the allowances, privileges, etc., of the president, governors, and speakers of both houses.
Third Schedule	Outlines the oaths and affirmations for elected officials and others.
Fourth Schedule	Assigns Rajya Sabha seats for each state and union territory.
Fifth Schedule	Relates to administering minority communities in Scheduled Areas and Tribes in specific states.
Sixth Schedule	Administers tribal areas in states like Assam, Meghalaya, Tripura, and Mizoram.
Seventh Schedule	Divides legislative subjects into three lists: Union, State, and Concurrent.
Eighth Schedule	Lists 22 official languages recognized by the Constitution.
Ninth Schedule	Involves state acts and regulations related to land reforms and eliminating the zamindari system.
Tenth Schedule	Discusses disqualification of elected members based on defection.
Eleventh Schedule	Includes provisions relating to the powers and roles of panchayats.
Twelfth Schedule	Deals with the powers and roles of municipalities.

Parts of the Indian Constitution

Parts	Subject Matter
I	The Union and its Territory
II	Citizenship
III	Fundamental Rights
IV	Directive Principles of State Policy
IV-A	Fundamental Duties
V	The Union Government
VI	The State Governments
VIII	The Union Territories
IX	The Panchayats
IX-A	The Municipalities
IX-B	The Co-operative Societies
X	The Scheduled and Tribal Areas
XI	Relations between the Union and the States
XII	Finance, Property, Contracts, and Suits
XIII	Trade, Commerce and Intercourse within the Territory of India
XIV	Services under the Union and the States
XIV-A	Tribunals
XV	Elections
XVI	Special Provisions relating to certain Classes
XVII	Official Languages
XVIII	Emergency Provisions
XIX	Miscellaneous
XX	Amendment of the Constitution
XXI	Temporary, Transitional and Special Provisions
XXII	Short title, Commencement, Authoritative Text in Hindi, and Repeals

Authors of the Indian Constitution

The salient Features of Indian Constitution were primarily shaped by the visionary scholar Dr. B.R. Ambedkar. However, several remarkable leaders like Jawaharlal Nehru shared a deep vision for post-independence India and made vital contributions. Another influential figure, Sardar Patel, contributed administrative expertise in uniting princely states. 

Also Read:- The Right Against Exploitation: Articles 23 and 24

Criticism of Salient Features of Indian Constitution

• Ordinary citizens found the Indian constitution extremely complex and lengthy.
• The Constitution is both rigid and flexible. Since changes to the Constitution need a special majority in both houses of Parliament, it is challenging to reform it. However, the fact that lawmakers have altered the Constitution over 100 times suggests that it does not possess enough flexibility to meet the changing needs of the country.
• The Indian Constitution guarantees six fundamental rights to all citizens of India. However, some people have criticized these rights, claiming they are too restrictive and do not provide enough protection.
• The Constitution contains certain Directive Principles of State Policy (DPSPs) that guide the government in achieving social justice and economic development. However, the DPSPs are not legally enforceable and have been criticized for being ineffective.
• The Indian Constitution has emergency provisions that allow the central government to suspend fundamental rights and impose direct rule on the states during emergencies. However, their broad nature has raised concerns, and the government has used them to suppress dissent. It is important to ensure that we use the Constitution’s provisions to uphold the rights and freedoms of all individuals.

Philosophy of Salient Features of Indian Constitution

The Objectives Resolution (1947):

• Drafted by Jawaharlal Nehru, it laid the foundation for the Constitution’s core principles.
• Key ideas included:
  • An independent, sovereign, and democratic republic.
  • A federal structure with equal power for all parts.
  • Power derived from the people.
  • Social, economic, and political justice for all.
  • Fundamental freedoms of thought, expression, and more.
  • Equal rights for minorities and disadvantaged groups.
  • A place of respect for India in the global community.

Philosophical Pillars of the Salient Features of Indian Constitution:

• Secularism: Equal treatment and freedom of religion for all. (Added to the Preamble by the 42nd Amendment)
• Democracy: Periodic elections and a focus on social and economic aspects alongside political rights. (Reflected in Directive Principles)
• Sarvodaya: The well-being of all, encompassing material, spiritual, moral, and mental development. (Upheld in the Preamble and Directive Principles)
• Socialism: Aiming for an equitable society with elements included in the Directive Principles. (The term “socialism” was added to the Preamble by the 42nd Amendment)
• Humanism: Belief in the unity of humanity and peaceful resolution of international disputes. (Expressed in the Directive Principles)
• Decentralization: Empowering local governments (Panchayati Raj system) aligns with the Sarvodaya ideal. (Further emphasized by the concept of cottage industries)
• Liberalism (Indian Context): Self-government, secularism, nationalism, economic reforms, and representative institutions.
• Mixed Economy: Allowing both public and private sectors to coexist.
• Gandhian Principles: Non-violence, truth, social justice, and rural development. (Reflected in various constitutional provisions)

Conclusion: Salient Features of Indian Constitution

Salient Features of Indian Constitution reflect the nation’s core values and goals. The Constitution’s balance of powers between all three organs helps keep the functions separate. This is to avoid any wrongs committed to the citizens and to care about their freedoms.  This perspective shows how well it works for a fair and equal society. Overall, the salient features of Indian Constitution create a framework that not only reflects the nation’s core values but also strives to ensure a fair, just, and equal society through a well-balanced and accountable governance structure.

FAQ: Salient Features of the Indian Constitution