Salient Features of the Constitution of India

1. Introduction #

The Constitution of India, adopted on 26 November 1949 and enforced on 26 January 1950, stands as the longest written Constitution in the world. It represents the collective will of the people of India and reflects a unique blend of rigidity and flexibility, combining the best features of various constitutions across the world with indigenous principles of justice and governance.

Dr. B. R. Ambedkar described it as a document that is “both a legal and a social instrument”, designed to transform Indian society from conditions of inequality to equality.

2. Salient Features #

(a) Written and Lengthiest Constitution #

• India’s Constitution is a comprehensive written document containing 448 Articles, 12 Schedules, and numerous amendments.

• It incorporates provisions on both Union and State structures, fundamental rights, directive principles, administrative details, and emergency powers.

• It draws heavily from multiple sources—most notably the Government of India Act, 1935.

(b) Drawn from Various Sources #

• The Constitution synthesizes the best features of other constitutions:

This eclectic borrowing is one of its greatest strengths — making it adaptable and pragmatic.

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(c) Federal System with Unitary Bias #

• India is described as a “Union of States” (Article 1) — implying indestructible unity of the nation though the states have distinct identities.

• It divides powers between Centre and States through Seventh Schedule (Union, State, and Concurrent Lists).

• However, during emergencies (Articles 352–360), the system becomes unitary, vesting greater power in the Union.

Case Law (FIRAC): State of West Bengal v. Union of India (1963 AIR SC 1241)
Facts: West Bengal challenged the Coal Bearing Areas Act, arguing that the Union had no authority to acquire land owned by the State.
Issue: Whether India is a truly federal state.
Rule: The Court held that India is not a federal state in the strict sense but a “Union of States” with a strong Centre.
Application: The Union can acquire property for national purposes.
Conclusion: Indian federalism is cooperative and flexible, not rigid.

(d) Parliamentary Form of Government #

• The executive is responsible to the legislature; the Council of Ministers holds office during the pleasure of the President but is collectively responsible to the Lok Sabha.

• It ensures a close relationship between the legislative and executive wings, embodying the principle of accountable governance.

Key Provision: Articles 74–75 (Union), 163–164 (State).
Judicial Note: Ram Jawaya Kapoor v. State of Punjab (AIR 1955 SC 549) — Supreme Court held that India’s system is parliamentary, where the executive functions under the control of the legislature.

(e) Single Citizenship #

• Unlike federations such as the USA, Indian citizens enjoy only one citizenship — that of India (Article 5).

• It ensures national unity, equality before law, and mobility across the country.

(f) Integrated and Independent Judiciary #

• Articles 124–147 (Supreme Court) and 214–231 (High Courts) establish an independent judiciary as the guardian of the Constitution.

• It ensures rule of law and the protection of Fundamental Rights.

Case Law (FIRAC): Kesavananda Bharati v. State of Kerala (1973 AIR SC 1461)
Facts: Constitutional amendments were challenged as violating citizens’ rights.
Issue: Can Parliament amend any part of the Constitution?
Rule: Parliament cannot alter the basic structure, which includes judicial independence.
Application: Judiciary acts as final interpreter of constitutional limits.
Conclusion: Judicial independence is a basic feature of the Constitution.

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(g) Fundamental Rights (Part III) #

• Guarantee civil, political, and individual rights essential for democracy.

• These are justiciable and enforceable through the writ jurisdiction of the Supreme Court and High Courts (Articles 32 & 226).

Case: Maneka Gandhi v. Union of India (AIR 1978 SC 597) — Expanded Article 21 to include “procedure established by law” as fair, just, and reasonable.

(h) Directive Principles of State Policy (Part IV) #

• Inspired by Irish Constitution, they aim at social and economic democracy.

• Though non-justiciable, they are fundamental in the governance of the country (Article 37).

Case: Minerva Mills Ltd. v. Union of India (AIR 1980 SC 1789) — Held that balance between Fundamental Rights and Directive Principles is part of the basic structure.

(i) Secular State #

• The State has no official religion; all religions enjoy equal protection (Articles 25–28).

• Secularism was reaffirmed by the 42nd Amendment (1976) and judicially recognized as part of the basic structure.

Case: S. R. Bommai v. Union of India (AIR 1994 SC 1918) — Secularism is a basic feature of the Constitution.

(j) Universal Adult Franchise #

• Every citizen above 18 years of age is entitled to vote without discrimination (Article 326).

• It ensures political equality and participatory democracy.

(k) Fundamental Duties (Part IV-A) #

• Introduced by the 42nd Amendment (1976) to promote a sense of civic responsibility among citizens (Article 51A).

Case: AIIMS Students’ Union v. AIIMS (2002 AIR SC 3268) — Court held that Fundamental Duties are essential for achieving national goals and harmony.

(l) Emergency Provisions #

• Articles 352, 356, and 360 provide for National, State, and Financial Emergencies.

• Enable the Union to assume greater powers during crises, ensuring national integrity.

Case: Indira Gandhi v. Raj Narain (1975 AIR SC 2299) — Demonstrated misuse of emergency powers, later checked by judicial doctrines of review and limitation.

(m) Blend of Rigidity and Flexibility #

• Some provisions can be amended by a simple majority, others require a special majority or ratification by states (Article 368).

• This ensures both stability and adaptability.

(n) Independent Constitutional Bodies #

• Institutions like Election Commission (Art. 324), Comptroller and Auditor General (Art. 148), UPSC (Art. 315), and Finance Commission (Art. 280) ensure impartial functioning and uphold constitutional governance.

(o) Welfare State #

• The Constitution commits India to a Welfare State through Directive Principles, ensuring that the State actively works for social justice, education, health, and equality of opportunity.

3. Conclusion #

The Indian Constitution is a living document — an amalgamation of legal precision and social philosophy.
Its salient features collectively ensure that India remains a sovereign, democratic, and welfare-oriented polity, capable of balancing individual freedoms with collective progress.

“The Constitution is not a mere lawyer’s document; it is a vehicle of life.” — Dr. B. R. Ambedkar