1.

The Lengthiest Constitution in the world

2. Parliamentary form of Government
3. Unique blend of rigidity and flexibility
4. Fundamental Rights
5. Directive Principles of State Policy
6. A Federation with strong centralising tendency
7. Adult suffrage
8. An Independent Judiciary
9. A Secular State
10.Single Citizenship
11.Fundamental duties
12.Judicial Review
Salient features of the Indian
Constitution
1. The Lengthiest Constitution in the
World: Art.-395, 22 parts and 8 schedules.
Now Art.-448, Parts 25 and 12 Schedules.
• American Constitution originally consisted only 7
Articles, the Australian Constitution – 128, The
Canadian Constitution- 147.
• Why lengthy?
1. Amendment more than 100
2. Lay down structure both central and states
3. Vastness of the country and peculiar problems
relating to language have added to the bulk of
the Constitution.
4. Long list of Fundamental Rights and DPSP, the
judiciary, the services, the public service Commissions,
Election and many transitory provision like.
Establishment of a Sovereign, Socialist, Secular,
Democratic Republic: Sovereign means India is no
more dependent upon any outside authority.
- Its membership of the Commonwealth of Nations
and that of a United Nation Organization do not
restrict the her sovereignty.
 Socialist
• The term was inserted in the Preamble by
constitution 42nd Amendment Act, 1976.
• Secularism: means state has no religion of its own
as recognised religion state. All religions equal.It is
not concerned with the relation of man with God.
• Democratic :from will of people. The rulers are
elected by the people and responsible to them.
Justice, Liberty, Equality and Fraternity are
essential characteristics of the Constitution.
 Republic
• There shall be an elected head of the state
who will be the chief executive head. The
President of Indian unlike the British King, is
not a hereditary monarch but an elected
person chosen for limited period. It is an
essential ingredient of a Republic.
Parliamentary form of Government
• Both Centre and the State
• The maker of the Constitution have followed
the British model in toto.
• We were accustomed to this type of Govt.
• It is responsible to the legislature
• President is a Constitutional head of the State
• Real executive power is vested in the council
of Ministers whose head is Prime Minister
• The Council of Minister is collectively
responsible to the Lower House i.e. Lok Sabha
• The member of Lower House are directly
elected by the people on the basis of adult
franchise normally for five years
• The position is the same in the States
• The govt. therefore called responsible govt.
 American Constitution
• Establishes a Presidential type of govt. based on the
principle of separation of the powers
• The President is the real executive elected directly by
the people for four years.
• All executive powers vested in President
• President is responsible to the Lower House i.e. the
Congress.
• The members of his Cabinet are not members of the
Legislature. They are appointed by the President and
therefore, responsible to President
 Parliamentary v. Presidential System
• Advantage :
1. The chief executive in a presidential system is
relatively free from sectional and party disputes. His
term is fixed hence stable hence President can
devote his time for development of the country.
2. President is free to choose his team of ministers
from the best talent available within the country.
President choice is not restricted to elected
representative as is the case in Parliamentary
system.
3. It discourages the disease of defections and
maintains discipline among the members of a political
party.
4. The disease of defection can be removed by
appropriate legislation.
At the outset the framers of the Constitution preferred
the parliamentary system of govt. mainly for two
reasons; 1. already in existence and people were well
acquainted. 2. Provides for accountability of ministers
to the legislature.
However, the success f Parliamentary form govt.
in India has been spoiled by multiplicity of
political parties, evil of defection, lack of
cohesiveness and growth of regional parties ,
criminalisation of politics.
Unique blend/mixure of rigidity and flexibility

• Federal constitution as rigid.

• A rigid Constitution is one which requires special
method of amendment while in flexible Constitution
any of its provisions can be amended by ordinary
legislative process.
• The Indian Constitution though written is sufficiently
flexible. It is of the few provisions of the Constitution
that require the consent of half of the State Legislature.
• The rest of the provisions can amended by a special
majority of Parliament.
• In 70 years of more than 100 amendments
have made.
 Fundamental Rights
• Distinguishing feature of a democratic State.
• These rights are prohibitions against the State
• The State cannot make a law which takes away
any of the rights of the citizens guaranteed in the
Part III of the Constitution.
• If it passes such a law it may be declared
unconstitutional by the courts.
• Mere declaration of certain F.Rs. Will be of no use
if there is no machinery for their enforcement.
• Thus our Constitution conferred on S.C. the power to
grant most effective remedies in the nature of 1. Habeas
Corpus 2. Mandamus 3. Prohibition 4. Quo Warranto 5.
Certiorari wherever these rights are violated.
• F.Rs. Are not absolute rights. They are subject to certain
restrictions.
• Our Constitution tries to strike balance between the
individual liberty and the social interest.
• The Idea of incorporating a Bill of Rights has been taken
from the Constitution of the United States.
 Directive Principles of State Policy
• Set out the aims and objectives to be taken by
the States in the governance of the country
• Unlike F.R. these rights are not justiciable.
• If state is unable to implement any of
provision of Part IV, no action can be brought
against the State in a law court.
• For want of enforceability there has been
much criticism. But criticism is not justified.
• The idea of welfare State envisaged in our
constitution can only be achieved if the States
endeavour to implement them with a high
sense of moral duty.
 A Federation with Strong Centralizing
tendency
• During the time of emergency it acquires a
Unitary character.
• During proclamation of emergency the normal
distribution of powers between the Centre and
States undergoes a vital change.
• The Union Parliament is empowered to legislate
on any subjects mentioned in the State List.
• Financial arrangements can be altered by the
Union Govt.
 Adult Suffrage
• Uniform adult suffrage system has been
adopted.
• Above 8 years man and woman has been
given right to elect representative for the
legislature.
• Adoption of universal adult suffrage A-326
without any qualification either sex, property,
taxation or like is bold experiment in India.
 An Independent Judiciary
• Every existence of a right depends upon the
remedy for its enforcement.
• Unless there is right there is no remedy, goes a
famous maxim.
• For this purpose an independent and impartial
judiciary with a power of judicial review has been
established.
• It is the custodian of the rights of citizens.
• Limits the powers of Centre and States.
 A Secular State
• A secular State has no religion of its won as
recognised religion of State. It treats all religions
equally. The Preamble declares the resolve of the
people of India to secure to all its citizens “ liberty
of….. Belief, faith and worship.”
• Art. 25-28 of the Constitution give concrete shape to
this concept of secularism.
• It guarantees to every person the freedom of
conscience and the right to profess, practise and
propagate religion.
• In Secular State, the State only regulates the
relationship between man and man. It is not
relationship of man with God.
• One may worship God according to the dictates of his
own conscience.
• However it is not an absolute freedom but subject to
the regulatory power of the State.
• In the name of the religion nothing can be done which
is against public, order, morality, and health of the
public.
• Secularism is also subject to democratic
socialism.
• Religious freedom, cannot therefore, be used
to practise economic exploitation.
• The right to acquire, own and administer
property by religious institutions is subject to
the regulatory power of the State.
 Single Citizenship
• Though the Constitution of India is federal and
provides for dual polity/organisation i.e.
Centre and State but it provides for a single
citizenship.
• The American Constitution provides for dual
citizenship i.e. the citizen of America and a
State Citizenship.
 Fundamental Duties
• 42nd Amendment Act, 1976 has introduced a
Code of ten “ Fundamental Duties” for
citizens.
• It constant reminds the fundamental
conferred on citizens.
• It also observe certain basic norms of
democratic conduct and democratic
behaviors.
 Judicial Review
• It is the power of courts to pronounce upon the
constitutionality of legislative acts which fall within their
normal jurisdiction to enforce and the power to refuse to
enforce such as they find to be unconstitutional and
hence void.
• That power corrupts a man and absolute power corrupts
absolutely which ultimately leads to tyranny, anarchy and
chaos has been sufficiently established in course of
evolution of human history, and all round attempts have
been made to erect institutional limitations on its
exercise.
• Fist time propounded by the Supreme Court of
America.
• No Judicial review in policy matters: it is
justified only if policy is arbitrary, unfair and
violative of fundamental rights.
• If a policy proves to be unwise, oppressive or
mindless, the electorate has been quick to
make the Govt. aware of its folly/madness.