Salient Features and Sources of the Constitution

Overview

The Constitution of India is distinctive in its size, its blend of borrowed and indigenous ideas, and its balance between rigidity and flexibility, federalism and unity, and parliamentary sovereignty and judicial review. UPSC asks both direct questions ("which feature is borrowed from which country?") and analytical ones ("is India truly federal?"). This lesson lists the salient features, explains each briefly and maps the sources.

1. Lengthiest written constitution

At adoption it had 395 Articles, 22 Parts and 8 Schedules; today it has about 470 Articles in 25 Parts and 12 Schedules, after more than 100 amendments (articles are added as 21A, 243A and so on, so numbering stops at 395). Reasons for its length: the vastness and diversity of the country; the influence of the GoI Act 1935, which was itself detailed; a single constitution for the Union and the states (except the earlier arrangement for Jammu and Kashmir); and the dominance of legal experts in the Assembly. It contains both justiciable and non-justiciable provisions, detailed administrative provisions and special provisions for certain regions.

2. Drawn from various sources

Ambedkar said the Constitution was framed "after ransacking all the known Constitutions of the world". The structural part comes largely from the GoI Act 1935, the philosophical part (Fundamental Rights and Directive Principles) from the American and Irish constitutions, and the political part (cabinet government and executive–legislature relations) from the British constitution.

3. Blend of rigidity and flexibility

Some provisions can be amended by a simple majority of Parliament (for example, creation of new states), some by a special majority (most provisions, under Article 368), and some need a special majority plus ratification by half the state legislatures (federal provisions such as the election of the President or the distribution of powers).

4. Federal system with a unitary bias

Federal features: two sets of government, written constitution, division of powers, supremacy of the Constitution, rigidity, independent judiciary and bicameralism. Unitary features: a strong Centre, single constitution, single citizenship, flexibility of the Constitution, integrated judiciary, appointment of the state Governor by the Centre, all-India services and emergency provisions. The word "federation" is not used; Article 1 calls India a "Union of States". K.C. Wheare called it "quasi-federal"; the Supreme Court in S.R. Bommai held federalism to be a basic feature.

5. Parliamentary form of government

India adopted the British (Westminster) model, based on co-operation and co-ordination between the legislative and executive organs. Features: nominal and real executives, majority party rule, collective responsibility of the executive to the legislature, membership of ministers in the legislature, leadership of the Prime Minister or Chief Minister, and dissolution of the lower House. Unlike Britain, the Indian Parliament is not sovereign – its powers are limited by a written constitution, federalism, judicial review and Fundamental Rights.

6. Synthesis of parliamentary sovereignty and judicial supremacy

The American principle of judicial supremacy and the British principle of parliamentary sovereignty are blended. The Supreme Court can strike down laws through judicial review; Parliament can amend most of the Constitution through its constituent power – but not its basic structure.

7. Integrated and independent judiciary

A single system of courts – Supreme Court at the top, High Courts below it and subordinate courts below them – enforces both central and state laws, unlike the dual system of the US. Independence is protected by security of tenure, fixed service conditions, salaries charged on the Consolidated Fund, a ban on practice after retirement, and separation from the executive (Article 50).

8. Fundamental Rights, Directive Principles and Fundamental Duties

Part III guarantees six Fundamental Rights, which are justiciable. Part IV contains the Directive Principles – non-justiciable but "fundamental in the governance of the country". Part IVA (added in 1976 on the Swaran Singh Committee's recommendation) lists eleven Fundamental Duties.

9. Secular state, universal adult franchise and single citizenship

India has no state religion and treats all religions equally. Every citizen aged 18 or above can vote (the 61st Amendment, 1988 reduced the age from 21). There is only one citizenship – Indian – for all.

10. Independent bodies, emergency provisions and three-tier government

Bodies such as the Election Commission, CAG, UPSC and state PSCs are given independence. Three kinds of emergency are provided (national, state and financial). The 73rd and 74th Amendments (1992) added a third tier – panchayats and municipalities. The 97th Amendment (2011) gave constitutional status to co-operative societies.

Common traps

• Concurrent List comes from Australia, but residuary powers with the Centre come from Canada (in Australia and the US, residuary powers lie with the states).
• Method of election of the President – Ireland; impeachment of the President – USA.
• Fundamental Duties – USSR; suspension of FRs during emergency – Weimar Germany.
• Procedure established by law (Art 21) – Japan, not the US (the US uses "due process of law").

Is the Constitution "borrowed"?

Critics called it a "bag of borrowings" and a "slavish imitation" of the 1935 Act. The fair answer is that borrowing was selective and adapted: parliamentary government was combined with a written constitution and judicial review; American Fundamental Rights were given reasonable restrictions; the Irish idea of Directive Principles was linked to India's socio-economic goals; and federalism was modified to suit a diverse country emerging from partition. Ambedkar replied that there is nothing to be ashamed of in borrowing, because the fundamental ideas of a constitution are well known everywhere; what matters is adapting them to local needs.

Practice: check your understanding

1. *Why is Indian Parliament not sovereign like the British Parliament?* Because India has a written constitution, a federal division of powers, Fundamental Rights and judicial review, which together limit what Parliament can do.
2. *Name two features that make India "a federation with a unitary bias".* For example, the appointment of Governors by the Centre and the power of Parliament to alter state boundaries under Article 3.
3. *Which Schedule lists the languages of India?* The Eighth Schedule, which now lists 22 languages.