SALIENT FEATURES OF THE INDIAN CONSTITUTION

Indian Constitution is a written Constitution.

It is the largest Constitution. It is because
It incorporated all the experiences gathered from the working of the all the known constitutions in the World.
To avoid all defects and loopholes that might be anticipated from the light of other constitutions.
To minimize uncertainty.
Majority of the provisions were borrowed from the GOI (Government of India) act 1935 because people were
familiar with the existing system.
It is explained in detail manner otherwise the new democracy may be jeopardized (make vulnerable, risk).
Vastness of the country.
Multifarious challenges in the country.
The division of powers between the union and states is so exhaustive.
It is a single Constitution for the entire country except for Jammu and Kashmir.
INDIAN CONSTITUTION IS BOTH RIGID AND FLEXIBLE.
It is rigid, means there a special procedure for amending the Constitution.
It is flexible, means that with an ordinary procedure some areas in the constitution can be amended.
FEDERAL SYSTEM :
It means the division of powers between centre and states.
remember the word Federation is nowhere mentioned in the Constitution).
Though India is a federation it also has unitary features.
PARLIAMENTARY FORM OF GOVERNMENT:
This forms talks about the presence of nominal (Dejure) and real (defacto) executives.
Majority party rule.
Collective responsibility to the Lok Sabha.
Leadership of the Prime Minister (Chief Minister at the state level).
The dissolution of Lok Sabha. (This type of government is present at both central and state levels).
Fundamental rights:
These are for the promotion of political democracy. T
These are justiciable i.e they are enforceable by the courts for their violation.
Originally 7 fundamental rights were mentioned in the constitution.
Through the 44th amendment Right To Property has been deleted from the list of Fundamental Rights.
At present only 6 fundamental rights are mentioned.
DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP):
They seek to establish welfare state in India.

 These are non-justiciable. (Cannot be challenged in the court of law)

(*In the Minerva Mills case of 1980 the Supreme Court held that the Indian Constitution is founded on the
bedrock of the balance between the Fundamental Rights and DPSP).
FUNDAMENTAL DUTIES:
Added through 42nd amendment in the year 1976.
They were added on the recommendations of swaran Singh Committee.
Part IV A was added for accommodating Fundamental Duties.
Originally 10 Fundamental Duties were added.
11th Fundamental Duty was added in the year 2002 through the 86thConstitutional amendment.
At present 11 fundamental duties are mentioned in part IVA.
SECULAR STATE:
(Equal respect to all religions).
The Constitution does not uphold the any particular religion as the official religion.
UNIVERSAL ADULT FRANCHISE:
All adults are permitted to vote.
The original constitution permitted all the people who are not less than 21 years of age to vote.
Through the 61st amendment voting age has been reduced from 21 to 18 in the year 1989.
EMERGENCY PROVISIONS:
Provided for 3 types of emergencies.
National Emergency
State Emergency or Presidents Rule
Financial Emergency
During National emergency India from the state of Federation it becomes Unitary.
3 TIER GOVERNMENT:
Through 73rd and 74th amendments 3 tier structures was created.
Panchayati Raj and Municipalities are made the Constitutional bodies.
Which of the following determines that the Indian Constitution
is federal?
a.

A written and a rigid constitution

b.

An independent judiciary

c.

Vesting of the residuary powers with the centre

d.

Distribution of powers between the centre and the states

(Answer: D)