Salient Features of the Indian Constitution

Background

The Indian Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950.

Key Facts

• Drafting Committee Chairman: Dr. B.R. Ambedkar
• Constituent Assembly President: Dr. Rajendra Prasad
• Total time taken: 2 years, 11 months, 18 days
• Original articles: 395 (in 22 Parts and 8 Schedules)
• Current: ~470 articles (25 Parts and 12 Schedules)

Sources of the Indian Constitution

Salient Features

1. Lengthiest Written Constitution

The Indian Constitution is the longest written constitution in the world. Reasons:

• Vast geographical diversity
• Detailed provisions for Centre-State relations
• Inclusion of administrative details
• Special provisions for certain states and regions

2. Parliamentary System

• President: Nominal executive (Head of State)
• Prime Minister: Real executive (Head of Government)
• Council of Ministers collectively responsible to Lok Sabha
• Features: nominal and real executive, majority party rule, collective responsibility

3. Federal System with Unitary Bias

“India is a Union of States” — Article 1

Federal Features:

• Dual polity (Centre and States)
• Written Constitution
• Division of powers (Union, State, Concurrent Lists)
• Independent judiciary
• Bicameral Parliament

Unitary Features:

• Single Constitution
• Single citizenship
• Flexibility of Constitution
• All-India Services
• Emergency provisions
• Centre’s power to reorganize states

4. Fundamental Rights (Part III)

5. Directive Principles of State Policy (Part IV)

Non-justiciable guidelines for the State to establish a welfare state. Classified into:

• Socialistic — Articles 38, 39, 41, 42, 43
• Gandhian — Articles 40, 43, 46, 47, 48
• Liberal-Intellectual — Articles 44, 45, 48A, 49, 50, 51

6. Fundamental Duties (Part IV-A)

Added by 42nd Amendment (1976) on recommendation of Swaran Singh Committee. Currently 11 duties under Article 51-A.

7. Independent Judiciary

• Supreme Court at the apex
• High Courts for states
• Subordinate courts at district level
• Judicial Review — power to declare laws unconstitutional
• Basic Structure Doctrine — Kesavananda Bharati case (1973)

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;

Key words added by amendment:

• Socialist and Secular — 42nd Amendment (1976)
• Integrity — 42nd Amendment (1976)

Important Constitutional Bodies

Important Amendments