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Features of the Indian Constitution For WBP/KP

The Constitution of India is a detailed constitutional framework that combines democratic ideals with provisions suited to India’s social, geographical, linguistic and administrative diversity. Its distinctive character can be understood through the following features.

Features of the Constitution of India 

  • Longest written national constitution in the world.
  • At adoption in 1949: Preamble, 395 Articles, 22 Parts and 8 Schedules.
  • Today: 25 Parts, 12 Schedules, with Articles extending into the 400s.
  • Its detailed nature reflects India’s geographical, social, linguistic and cultural diversity.
  • Provides a common framework for the Union and States, covering governance, elections, public services, emergencies, finances and constitutional institutions.
  • Detailed administrative provisions ensure continuity and certainty in governance.

Key Features of the Indian Constitution

Borrowed Features

  • 1935 Act: Federal structure, Governor, emergency provisions.
  • USA: Fundamental Rights, judicial review.
  • UK: Parliamentary system, rule of law, single citizenship.
  • Ireland: Directive Principles.
  • Canada: Strong Centre, residuary powers.
  • Germany: Emergency provisions.
  • South Africa: Amendment procedure.

Rigidity and Flexibility

Three amendment methods:

  1. Simple Majority
  2. Special Majority
  3. Special Majority + State Ratification

Federal with Strong Centre

Federal: Division of powers, written Constitution, independent judiciary.
Unitary: Strong Union, single citizenship, integrated judiciary, emergency powers.

Parliamentary Government

  • President: Constitutional head
  • Prime Minister and Council: Real executive
  • Council collectively responsible to Lok Sabha

Independent and Integrated Judiciary

  • Supreme Court → High Courts → Subordinate Courts
  • Judicial review protects constitutional supremacy.
  • Key Articles: 13, 32, 226–227

Rights, Principles and Duties

  • Fundamental Rights: Part III
  • DPSP: Part IV
  • Fundamental Duties: Part IV-A, Article 51A
  • Together balance liberty, welfare and responsibility.

Emergency Provisions

  • Article 352: National Emergency
  • Article 356: President’s Rule
  • Article 360: Financial Emergency

Constitutional Bodies & Universal Franchise

Major bodies include ECI, CAG, UPSC and Finance Commission.
18+ citizens have the right to vote, subject to legal qualifications.

Basic Structure Doctrine

Kesavananda Bharati (1973): Parliament cannot alter the Constitution’s basic structure.

Includes constitutional supremacy, democracy, federalism, secularism, judicial review and rule of law.

Parts of the Constitution

The Constitution is organised into 25 Parts, including Parts inserted through constitutional amendments. Some earlier Parts have also been repealed.

Note: Parts IX-A, IX-B and XIV-A were inserted through constitutional amendments. Part VII was subsequently repealed.

Schedules of the Constitution

The Constitution contains 12 Schedules, which provide additional details supporting various constitutional provisions.

The Ninth Schedule does not provide absolute immunity from judicial review. Later constitutional jurisprudence has placed limits on the protection available to laws included in it.

Other Distinctive Features

Secular Character

  • The word “Secular” was inserted into the Preamble by the 42nd Amendment in 1976.
  • The secular character of the Constitution is also recognised as part of its basic structure.

Socialist Orientation

  • The term “Socialist” was added to the Preamble by the 42nd Amendment in 1976.
  • In the Indian constitutional context, it reflects an emphasis on social and economic justice rather than adherence to a rigid economic ideology.

Rule of Law and Equality

  • Article 14 guarantees equality before the law and equal protection of the laws.
  • The principle of equality forms an important foundation of the constitutional order.

Single Citizenship

  • India provides single citizenship for the entire country.
  • Unlike some federations, Indian citizens do not possess separate constitutional citizenship of individual States.

Constitutional Remedies

  • Article 32 guarantees the right to approach the Supreme Court for enforcement of Fundamental Rights.
  • Dr. B. R. Ambedkar described Article 32 as the “heart and soul” of the Constitution.

Local Self-Government

  • The 73rd Amendment Act, 1992 gave constitutional status to Panchayats through Part IX and the Eleventh Schedule.
  • The 74th Amendment Act, 1992 gave constitutional status to Municipalities through Part IX-A and the Twelfth Schedule.

Co-operative Societies

  • Constitutional provisions relating to co-operative societies were introduced through the 97th Amendment Act, 2011.
  • They are contained in Part IX-B, although aspects of the amendment were subsequently examined by the Supreme Court on federal grounds.