FEATURES OF INDIAN

CONSTITUTION
What Is Constitution?
• A constitution is a set of rules that guides how a country, state, or other
political organization works.

• The constitution may tell what the branches of the government are, what
powers they have, and how they work. It may also state the rights & rules of
& for citizens.

• We need Laws in Society so our society can regulate and work properly. They
are designed to protect us and our property and to ensure that everyone in
society behaves the way that the community expects them too.

• Laws tell us what to expect as a consequence of our actions. Laws have been
the glue that has kept society together. Without laws there would be
complete anarchy
 The History of Constitution of India.
• The Constitution was enacted by the Constituent The Constituent Assembly
Assembly on 26 November 1949, and came into
effect on 26 January 1950. Drafting Committee - formed on 29th Aug
1947
• With its adoption, the Union of India officially Chairman – Dr. B. R. Ambedkar
became the modern and contemporary Republic 2 years – 11 months – 18 days
of India With its adoption, the Union of India
officially became the modern and contemporary
Republic of India
• The Constitution had 395 Articles & 8 Schedules
• Now the constitution has 448 Articles & 12
Schedules.
India’s constitution is the longest
constitution in the world Dr. Rajendra Prasad signing the new constitution

UK has an unwritten constitution / Monaco has the shortest Constitution in the world
 Preamble of the Constitution
The Preamble to the Constitution of India is a
well drafted document which states the
philosophy of the constitution. It declares India
to be a Sovereign Socialist Secular Democratic
Republic and a welfare state committed to
secure justice, liberty and equality for the
people and for promoting fraternity, dignity the
individual, and unity and integrity of the
nation. The Preamble is the key to the
constitution. It states in nutshell the nature of
Indian state and the objectives it is committed
to secure for the people.
 Text of the Indian 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; SOCIALIST &
SECULAR - these
LIBERTY, of thought, expression, belief, faith and worship; words were
EQUALITY of status and of opportunity; included in 1976
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.”
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
Republic country is a country where all the decisions are made by the representatives elected by the public and
a set of rules called “constitution” is followed. ... India became a sovereign, democratic, republic after its
constitution came into effect on 26 January 1950.

Sovereign:- Socialist:-
This word implies that India is neither a Even before the term was added by the 42nd Amendment in
dependence nor a dominion of any other nation 1976, the Constitution had a socialist content in the form of
but an independent state. There is no authority certain Directive Principles of State Policy.
above it, and it is free to conduct its own affairs
(both internal and external). Being a sovereign Secular:-
state, India can either acquire a foreign territory The Indian Constitution embodies the positive concept of
or cede a part of its territory in favour of a secularism i.e., all religions in our country (irrespective of
foreign state. their strength) have the same status and support from the
state.

4. Democratic:-
The Indian Constitution provides for representative parliamentary democracy under which the executive is responsible to
the legislature for all its policies and actions. Universal adult franchise, periodic elections, rule of law, independence
of judiciary, and absence of discrimination on certain grounds are the manifestations of the democratic character of the
Indian polity.

The term 'democratic' is used in the Preamble in the broader sense embracing not only political democracy but also social
and economic democracy.
Present status of the Preamble
Preamble highlights the basic structure of the Constitution (SR Bommai Case)

Preamble can be amended by Parliament using its amendment powers under Article 368.

Preamble enshrines the ideas and philosophy of the constitution, and NOT the narrow objectives of the
governments.

It also does NOT provide any legal framework of constitutional law.

Preamble is neither a source of power nor a source of limitations.

It neither provides any power nor imposes any duty.

Its importance is in role to be played in interpretation of statues, also in the interpretation of provisions of
the Constitution.

Preamble is neither enforceable not justifiable in a court of law. This implies that courts cannot pass orders
against the government in India to implement the ideas in the Preamble.
8 Salient Features of Indian Constitution
• Lengthiest Constitution in the World
• Drawn from Different Sources
• Federal System with Unitary Features
• Parliamentary Form of Government
• Balance Between Parliamentary Sovereignty and Judicial Supremacy
• Independent and Integrated Judicial System
• Directive Principles of State Policy
• Blend of Rigidity and Flexibility
1. Lengthiest Constitution in the World -The
Indian Constitution has 395 Articles and 12
Schedules which makes it the lengthiest
written Constitution in the World.

2. Drawn from Different Sources - various

provisions have also been adopted from
the Constitutions of Canada, Australia,
Germany, USSR, and France.
 3. Federal System with Unitary Features -
The Indian Constitution contains all the
federal features of governance like dual
system of government (centre and states),
division of powers between the three
organs of state (executive, judiciary and
legislature), Supremacy of the Constitution,
independent Judiciary and bicameralism
(lower house and upper house).

Features of Federalism:
Written and Rigid Constitution.
Division of powers between various levels of government.
supremacy of the judiciary.

Quasi-federalism: it is used to describe a system with federal government but unitary spirit
 Unitary features
1. A strong Centre – Indian constitution provides for a very strong centre , a feature of unitary government.
2. A Single Constitution for Union and states – Unlike other federation of the world the states in india have
not been given right to make or unmake their own constitution.
3. Flexibility of the constitution – In comparison to the other federation the constitution of india rather
flexible.
4. Single Citizenship –Usually in other federation there is provision for double citizenship .
5. Inequality of representation in the Rajyasabha – The indian constitution also devites from the traditional
principle of providing equal representation to the states in the Upper Houses of thev federal legislature
6. Existence of union territories - Union territories directly governed by the central government and do not
enjoy any independent powers or autonomy.
7. Emergency provision – The existence of emergency provision in the constitution also poses a serious
challenge to the federal character of the Indian Polity.
8. Appointment of Governor by President – The provision regarding the appointment of Governor of States
by the President is also clear violation of the federal principle.
9. Single Unified Judiciary – Unlike other federations , India possesses a single unified judiciary with the
supreme court at the apex .
10. Centralised Election Machinery – One election commission in charge of elections in the centre and states
4. Parliamentary Form of Government

The Indian Constitution has opted for the Parliamentary form of government
on the pattern of the British parliamentary system of government.
The salient features of the Parliamentary form of government are:
Executive is part of the legislature
Collective responsibility of the council of ministers to the legislature
Majority party rule
Leadership of the Prime Minister or the Chief Minister in the state
Dissolution of the lower house (Lok Sabha and state assemblies)
Cabinet form of government
5. Balance Between Parliamentary
Sovereignty and Judicial Supremacy –
The Supreme Court is vested with the
power of judicial review vide Articles
13, 32 and 136. It can strike down any
Parliamentary law as unconstitutional
through its power of judicial review.
The Parliament, on the other hand,
being the representative of the will of
the people is vested with the authority
to make laws and it can also amend
the major portion of the Constitution
through its Amending powers vested
vide Article 368.
6. Independent and Integrated Judicial System -
there is a 2 tier judiciary, in India, a single system of
judiciary prevails with the Supreme Court at the top,
the High Courts at the state level and district and
other subordinate courts below and subject to the
supervision of the High Courts.
Not only is the judicial system well integrated in
India, but it is also independent due to the following
provisions:
• Appointment of judges of Supreme Court and High
Courts by collegium system
• Removal of judges through impeachment
procedure which is very difficult to pass through in
Parliament
• Salaries, pensions and allowances of judges of
Supreme Court are charged upon Consolidated
Fund of India
• Power to punish for contempt of itself
• Ban on the practice of judges after retirement
 7. Directive Principles of State Policy - aim to make India a welfare state and
its utility lies in the moral obligation they cast upon the state to apply these
principles in making laws. As such, directive principles are fundamental in the
governance of the country.

8. Blend of Rigidity and Flexibility

1. Some provisions can be amended by a special majority of the Parliament
i.e. a 2/3rd majority of the members of each House present and voting and
majority (that is, more than 50 percent) of the total membership of each
House.
2. Some other provisions can be amended by a special majority of the
Parliament and with the ratification by half of the total states.
 Secularism
All religion are equal footing.
India is multi-religious and multi-culture society.
The word secularism did not occur in the Constitution when it was adopted in
1950. It was inserted in the Constitution in 1976.
Jawaharlal Nehru, the first Prime Minister of India has explained the secular of
Indian State as “It means while religion is completely free, the state including
in its wide fold various religions and cultures, gives protection and
opportunities to all and thus brings about an atmosphere of tolerance and co-
operation.
Secular state of India following main features
• Indian state treats all religions on equal footing.
• Indian state neither interferes with nor promotes any religion.
• It permits individual and collective freedom of religion to all citizens.
• It view all individuals as citizens with equal rights and not as members
of any particular religion.
• It is not against any religion.
• It functions in a way independent of religion.
• It allows religious education in some educational institutions run and
managed by minorities subject to certain conditions.
FUNDAMENTAL RIGHTS
RIGHT TO EQUALITY RIGHT TO FREEDOM RIGHT TO
The right to freedom of EXPLOITATION
• All persons are equal speech and expression,
before the law. the right to form The Constitution
associations, the right to prohibits trafficking,
• This means that all move freely and reside in forced labour, and
persons shall be any part of the children working under
equally protected by country,and the right to 14 years of age..
the laws of the practise any profession,
country. occupation or business.
RIGHT TO FREEDOM OF CULTURAL AND RIGHT TO
RELIGION EDUCATIONAL RIGHTS CONSTITUTIONAL
REMEDIES
The Constitution states
that all minorities, This allows citizens to
• Religious freedom is religious or linguistic, can move the court if
provided to all citizens. set up their own they believe that any
Every person has the right educational institutions in of their Fundamental
to practise, profess and order to preserve and
Rights have been
propagate the religion of violated by the State
their choice. develop their own cultur
Rights and Duties Go Hand in Hand

Mahatma Gandhi in Hind Swaraj observed that “Real rights are a result of the performance
of duty”.

Rights and duties are closely related and cannot be separated from one another. For every right,
there is a corresponding duty.

• The State protects and enforces rights and it is the duty of all citizens to be loyal to the
state. Thus a citizen has both Rights and Duties.

According to Harold Laski, one man’s right is also his duty.

• For example, if the State gives the right to life to a citizen, it also imposes an obligation on
him to not to expose his life to dangers, as well as to respect the life of others.
Fundamental Duties
1.To respect the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India .
4. Citizens should be ready to defend and render national service towards India.
5. To promote harmony and the spirit of brotherhood among all people of India on religious
or sectional diversities and to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. Natural environment including the forests, lakes, rivers and wildlife are expected to be
preserved by the citizens.
8.To develop the scientific temper, humanism and the spirit of inquiry and reform.
9. To safeguard public property and to avoid violence.
10. People are expected for the excellence of all the individuals and collective activities to
help in the development of the country.
11. To provide opportunities for education to child between the age of 6-14 years.
Directive Principles Of Characteristics

State Policy - Part IV Directive Principles of State Policy aim to create

The concept of Directive Principles of State social and economic conditions under which the
Policy was borrowed from the Irish citizens can lead a good life.
Constitution. The makers of the
Constitution of India were influenced by They also aim to establish social and economic
the Irish nationalist movement. democracy through a welfare state.

Unlike the fundamental rights which are If laws are made to give effect to the Directive
guaranteed by the Constitution of India, Principles over Fundamental Rights, they shall not
the Directive Principles do not have a legal be invalid on the grounds that they take away the
sanction and cannot be enforced in a court Fundamental Rights.
of law. However, the State is making every
effort to implement the Directive Principles In case of a conflict between Fundamental Rights
in as many sectors as possible. and DPSP's, if the DPSP aims at promoting larger
interest of the society, the courts shall have to
uphold the case in favour of the DPSP
Features Of The Directive Principles Socialistic Directives:
welfare of the people of India,
• The State should strive to promote the welfare of the people. equal distribution of resources
protection of rights of children and youth,
• Maintain social order through social, economic and political equal pay for equal work,
justice. education etc.
• The State should strive towards removing economic
inequality. Gandhian Directives:
• Removal of inequality in status and opportunities. organizing village Panchayat,
• To secure adequate means of livelihood for the citizens. prohibition of alcohol and cow-slaughter,
secure living wage,
• Equal work opportunity for both men and women. decent standard of life,
promote cottage industries,
• Prevent concentration of wealth in specific pockets through
to provide free and compulsory education
uniform distribution of the material resources amongst all the to all children up to 14 years of age etc.
strata of the society.
• Prevention of child abuse and exploitation of workers. Liberal Intellectual Directives:
• Protection of children against moral and material guidelines for uniform civil code
abandonment. throughout the country and the
legislatures to follow in issuing orders or
making laws.