Salient Features of the Constitution

Prerequisites

• The Preamble — the features below are how the Preamble’s ideals are built into the machinery of the State.
• Constitutional Development (1773–1950) — many features (federal scheme, governors, public service commissions) were inherited from the Government of India Act, 1935.

The Hook: The Commission That Set This Exam

Why it matters: Prelims tests exact details: the number of parts and schedules, which amendment did what, and which features are “federal” and which are “unitary”. Mains asks you to explain one feature in depth: “federal with a unitary bias”, “rigid or flexible”, “parliamentary sovereignty versus judicial supremacy”.

The Constitution in Numbers

The four schedules added after 1950:

The Salient Features

1. The lengthiest written constitution

India has the longest written constitution of any sovereign country. Reasons:

• Geographical size and diversity, which needed special provisions for particular states and regions (Arts 371 to 371J, the Fifth and Sixth Schedules).
• Single constitution for the Union and the States (except Jammu and Kashmir until 2019).
• Influence of the Government of India Act, 1935, which was itself very long and detailed.
• The dominance of legal experts in the Constituent Assembly.
• It covers not only the basic principles but also administrative detail (for example, on the public service commissions and the Comptroller and Auditor General).

2. Drawn from various sources

The framers borrowed from the Government of India Act, 1935 and from many foreign constitutions, then adapted these to Indian conditions. See Sources of the Constitution.

3. A blend of rigidity and flexibility

Article 368 provides for amendment. There are, in practice, three ways the Constitution changes:

So the Constitution is neither as rigid as the US Constitution nor as flexible as the British (which has no written constitution at all).

4. Federal system with a unitary bias

Article 1 calls India a “Union of States”, not a “federation”. Ambedkar explained that the Indian federation was not the result of an agreement among states, and that no state has the right to secede from it. The phrase “an indestructible Union of destructible States” is often used to sum this up.

The Supreme Court has held that federalism is a basic feature of the Constitution (S.R. Bommai, 1994).

5. Parliamentary form of government

Borrowed from the British (Westminster) system and adopted at both the Centre and in the States.

• Nominal head (President / Governor) and real executive (Council of Ministers headed by the Prime Minister / Chief Minister). Art 74(1) binds the President to act on ministerial advice.
• Collective responsibility of the Council of Ministers to the Lok Sabha (Art 75(3)) and to the Legislative Assembly in the States (Art 164(2)).
• Ministers are drawn from the legislature. Majority party rule. Leadership of the PM or CM.
• Dissolution of the Lower House on the advice of the PM or CM.

It is chosen over the presidential system for responsibility (the executive answers to the legislature every day) over stability (a fixed term).

6. Synthesis of parliamentary sovereignty and judicial supremacy

The scope of judicial review in India is narrower than in the US, partly because the Constitution uses “procedure established by law” (Art 21) rather than “due process of law” (although Maneka Gandhi, 1978, brought in a test of fair, just and reasonable procedure).

7. Integrated and independent judiciary

• Single integrated system: the Supreme Court at the top, High Courts below it, then subordinate courts. The same system enforces both Central and State laws, unlike the dual courts of the US.
• Independence secured by: security of tenure, removal only by a special procedure, salaries charged on the Consolidated Fund, a bar on practice after retirement in some courts, and the power to punish for contempt.
• For Chhattisgarh: the High Court of Chhattisgarh at Bilaspur was set up on the formation of the state on 1 November 2000.

8. Fundamental Rights

Part III (Arts 12–35) guarantees six categories of rights, justiciable but not absolute. They promote political democracy and limit the State. Details: Fundamental Rights.

9. Directive Principles of State Policy

Part IV (Arts 36–51), borrowed from the Irish Constitution, are non-justiciable but “fundamental in the governance of the country” (Art 37). They aim at social and economic democracy and a welfare State. In Minerva Mills (1980), the Court held that the Constitution is founded on a balance between Fundamental Rights and the DPSP.

10. Fundamental Duties

Part IVA, Article 51A was added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee. There were originally 10 duties. The 86th Amendment (2002) added the 11th, the duty of parents and guardians to provide opportunities for education to their children aged 6–14. Duties are non-justiciable. See Directive Principles and Fundamental Duties.

11. A secular State

There is no State religion. All religions get equal respect and protection.

• The word “secular” was added to the Preamble in 1976, but the idea was already in Arts 14, 15, 16, 25–28, 29 and 30.
• Indian secularism is positive: the State may regulate the secular activities linked to religion and undertake social reform (for example, temple entry laws), unlike the strict separation of the US.

12. Universal adult franchise

• Article 326: every citizen who is not otherwise disqualified has the right to vote, without discrimination of caste, religion, sex, literacy or wealth.
• The voting age was lowered from 21 to 18 by the 61st Amendment Act, 1988.
• Granting the vote to all adults from the very first election (1951–52) in a largely non-literate country was a bold choice.

13. Single citizenship

India has one citizenship (Arts 5–11), as in Britain, even though it has a federal structure. The US, by contrast, has dual (national and state) citizenship.

14. Independent bodies

15. Emergency provisions

16. Three-tier government

The original Constitution had two tiers: Union and State. The 73rd (Panchayats, Part IX) and 74th (Municipalities, Part IXA) Amendments of 1992 added a third tier of local government. See Local Government: 73rd and 74th Amendments and, for this state, Panchayati Raj in Chhattisgarh.

17. Co-operative societies

The 97th Amendment (2011) gave co-operative societies constitutional status: forming co-operatives became a right under Art 19(1)(c), a new DPSP Art 43B was added, and Part IXB (Arts 243ZH–243ZT) was inserted.

The Basic Structure Doctrine

The most important “feature” was not written by the framers. It was developed by the Supreme Court.

graph LR
    A["Shankari Prasad (1951)
Parliament can amend
Fundamental Rights"] --> B["Golaknath (1967)
Parliament CANNOT amend
Fundamental Rights"]
    B --> C["24th Amendment (1971)
Restores amending power"]
    C --> D["Kesavananda Bharati (1973)
Can amend any part,
but not the basic structure"]
    D --> E["Minerva Mills (1980)
Limited amending power
is itself basic structure"]

Kesavananda Bharati v. State of Kerala (1973) — a 13-judge bench, decided 7:6 — held that Parliament’s power under Art 368 is wide but cannot be used to destroy the basic structure of the Constitution. The Court did not give a closed list. Elements recognised in this and later cases include:

• Supremacy of the Constitution
• Sovereign, democratic and republican character
• Secularism and federalism (S.R. Bommai, 1994)
• Separation of powers
• Judicial review and independence of the judiciary
• Rule of law
• Free and fair elections (Indira Nehru Gandhi v. Raj Narain, 1975)
• Limited amending power and the balance between Fundamental Rights and DPSP (Minerva Mills, 1980)
• Parliamentary system of government
• Welfare State

Analysis for Mains: Criticisms and Defence

Chhattisgarh angle: Several salient features meet in this state. Art 3 allowed Parliament to create Chhattisgarh by an ordinary law (the Madhya Pradesh Reorganisation Act, 2000) — a unitary feature that served a regional aspiration. The Fifth Schedule governs the state’s large Scheduled Areas. Art 315 creates the CGPSC, and Art 214 gives the state its own High Court at Bilaspur.

Memory Tricks

Don’t Confuse

Common Mistakes

Practice

All questions below are original practice questions written in CGPSC style. They are not previous-year questions.

Level 1: Foundation

1. At its commencement the Constitution had ______ articles, ______ parts and ______ schedules.
2. The voting age was lowered from 21 to 18 years by the ______ Amendment Act of ______.
3. Article 1 of the Constitution describes India as a “______ of States”.

Level 2: Prelims MCQs

Q1. Which of the following are unitary (non-federal) features of the Indian Constitution?

1. Appointment of the Governor by the President
2. Division of powers through the Seventh Schedule
3. All-India Services
4. Single citizenship

Select the correct answer using the code below:

• (a) 1 and 2 only
• (b) 1, 3 and 4 only
• (c) 2, 3 and 4 only
• (d) 1, 2, 3 and 4

Q2. Consider the following statements:

1. Parliament can create a new State by a law passed by a simple majority, without an amendment under Article 368.
2. An amendment to the Seventh Schedule requires ratification by the legislatures of at least half of the States.
3. Fundamental Rights can be amended only with ratification by half of the States.

Which of the statements given above is/are correct?

• (a) 1 only
• (b) 1 and 2 only
• (c) 2 and 3 only
• (d) 1, 2 and 3

Q3. Match List I (Schedule) with List II (Subject):

• (a) A-3, B-1, C-2, D-4
• (b) A-1, B-3, C-4, D-2
• (c) A-3, B-1, C-4, D-2
• (d) A-3, B-4, C-1, D-2

Q4. The “basic structure” doctrine was first laid down by the Supreme Court in:

• (a) Golaknath v. State of Punjab (1967)
• (b) Kesavananda Bharati v. State of Kerala (1973)
• (c) Minerva Mills v. Union of India (1980)
• (d) S.R. Bommai v. Union of India (1994)

Q5. Which of the following bodies is not established directly by the Constitution of India?

• (a) Chhattisgarh Public Service Commission
• (b) Comptroller and Auditor General of India
• (c) Finance Commission
• (d) NITI Aayog

Level 3: Mains Answer Writing

Q1. (60 words) Why is the Indian Constitution described as “a blend of rigidity and flexibility”?

Q2. (150–200 words) “The Indian Constitution is federal in form but unitary in spirit.” Critically examine.

Quick Revision Table

Key Takeaways

What’s Next

• Sources of the Constitution — where each of these features came from
• Centre-State Relations — the federal balance in detail
• Parliament — how the parliamentary system works
• Judiciary — judicial review and the integrated court system
• Formation of the State and Administrative Structure — Art 3 in action for Chhattisgarh