Salient Features of Indian Constitution, List, Complete Details

The Indian Constitution is the lengthiest in the world which includes various provisions that, in many other countries, would typically be addressed through ordinary legislation or administrative measures. The framers of the Constitution intentionally incorporated such details to avoid ambiguity, legal uncertainty, or future controversies.

In contrast to the United States where a federal Constitution exists alongside individual state constitutions, India adopted a single, unified Constitution to address the country’s vast size, social and cultural diversity, and administrative complexity. This also led to the inclusion of several temporary and special provisions to modify the unique needs of different regions and communities. This article discusses the Salient Features of Indian Constitution.

List of Salient Features of Indian Constitution

The Indian Constitution was drafted after a comprehensive study of various constitutions across the globe. While it incorporates several provisions from these sources, it has evolved into a unique and enduring document that reflects socio-political diversity of India. The Salient Features of Indian Constitution are:

• Lengthiest Written Constitution
• Drawn from Various Sources
• Blend of Rigidity and Flexibility
• Federal System with Unitary Bias
• Parliamentary Form of Government
• Synthesis of Parliamentary Sovereignty and Judicial Supremacy
• Rule of Law
• Integrated and Independent Judiciary
• Fundamental Rights
• Directive Principles of State Policy
• Fundamental Duties
• Indian Secularism
• Universal Adult Franchise
• Single Citizenship
• Independent Bodies
• Emergency Provisions
• Three-tier Government
• Co-operative Societies

Lengthiest Written Constitution

There are two primary types of constitutions: written, such as that of the United States, and unwritten, as seen in the United Kingdom. The Constitution of India is widely regarded as the longest and most detailed written constitution in the world. The influence of the Government of India Act, 1935 significantly shaped its structure. India follows a single constitutional framework that governs both the Union and the states, adding to its complexity. 

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Drawn from Various Sources

A significant portion of the Indian Constitution draws upon the constitutions of various other nations, as well as the Government of India Act of 1935, which contributed nearly 250 provisions. Dr. B. R. Ambedkar acknowledged that the framers had thoroughly studied several global constitutions to shape India’s own which are discussed in the table below:

Blend of Rigidity and Flexibility

There are broadly two types of constitutions: rigid and flexible. A rigid constitution, such as that of the United States, requires a special and often complex procedure for amendment. On the other hand, a flexible constitution, like that of the United Kingdom, can be amended through the ordinary legislative process. The Indian Constitution represents a blend of both types. Its amendment procedure includes elements that are both strict and adaptable, reflecting a balance between rigidity and flexibility. The nature of its amendment process is what determines this dual character.

Federal System with Unitary Bias

The Constitution of India lays the foundation for a federal system of governance. It incorporates essential characteristics of a federation, including a dual government structure, a clear division of powers, a written and supreme constitution, an independent judiciary, and a bicameral legislature.

Parliamentary Form of Government

The Constitution of India adopts the British Parliamentary System of Government rather than the American Presidential model. This system operates at both the central and state levels. Key features of the Indian parliamentary framework include the presence of a nominal and a real executive, governance by the majority party, collective responsibility of the executive to the legislature, ministers being part of the legislature, leadership by the Prime Minister or Chief Minister, and the authority to dissolve the lower house (Lok Sabha or State Legislative Assembly).

Although the Indian parliamentary system is largely inspired by the British model, it differs in significant ways. The Indian Parliament is not a sovereign body as the British Parliament is. Furthermore, India functions as a republic with an elected head of state, whereas the United Kingdom remains a monarchy with a hereditary head of state.

Synthesis of Parliamentary Sovereignty & Judicial Supremacy

The British Parliament operates on the principle of parliamentary sovereignty, whereas the American system upholds the doctrine of judicial supremacy through its Supreme Court. In contrast, the Indian Supreme Court holds more limited powers of judicial review compared to its American counterpart. This distinction aligns with the differing constitutional philosophies: the Indian Constitution adheres to the principle of “procedure established by law” under Article 21, while the US Constitution guarantees “due process of law.” These differences reflect broader divergences in how legislative and judicial powers are balanced within each system.

Rule of Law

The idea rests on a simple truth: people aren’t perfect, so a society must be governed by laws, not by the whims of individuals. This principle is the backbone of any democracy. But more than just having laws, it’s the belief in the supremacy of law that no one is above it that truly defines a just system. At its roots, law grows out of long-standing customs, the collective habits and beliefs shaped over generations. In that sense, the rule of law isn’t just a legal idea, it’s the distilled wisdom of society itself.

Integrated and Independent Judiciary

India follows a single, integrated judicial system. The Constitution of India ensures the independence of the judiciary by keeping it free from interference by the legislature and the executive. At the apex of this system stands the Supreme Court, which functions as the highest judicial authority in the country.

Below the Supreme Court are the High Courts at the state level, which in turn oversee subordinate courts, including district and other lower courts. The Supreme Court serves multiple roles: it is the final court of appeal, the guardian of fundamental rights, and the interpreter and protector of the Constitution. To uphold its autonomy, the Constitution provides several institutional safeguards ensuring the judiciary’s independence.

Fundamental Rights

The Constitution of India includes six Fundamental Rights to all citizens under Part III. These rights form the core of the Constitution, reflecting its commitment to individual liberty and democratic values. These rights are not subject to revocation by popular opinion or legislative action. Their purpose is to uphold the ideals of constitutional democracy and ensure that the dignity and autonomy of each citizen are protected.

Directive Principles of State Policy

The Directive Principles of State Policy, described by Dr. BR Ambedkar as a “new aspect” of the Indian Constitution, are enshrined in Part IV. They were incorporated to promote social and economic justice for all citizens and to guide the State in establishing a welfare society. These principles aim to prevent the concentration of wealth in the hands of a few and ensure equitable distribution of resources.

Although they are non-justiciable and not legally enforceable in a court of law, their significance is foundational. In the landmark Minerva Mills case (1980), the Supreme Court emphasized that the Constitution rests on a harmonious balance between Fundamental Rights and Directive Principles.

Fundamental Duties

The original Constitution did not include a section on the fundamental obligations of citizens. Based on the recommendations of the Swaran Singh Committee, the 42nd Constitutional Amendment Act of 1976 introduced Fundamental Duties into the Constitution. This amendment added ten duties that every Indian citizen is expected to observe. Subsequently, the 86th Constitutional Amendment Act of 2002 added an eleventh duty. While Fundamental Rights are guaranteed entitlements provided to individuals, Fundamental Duties represent moral and civic responsibilities expected of every citizen.

Indian Secularism

The Constitution of India guarantees a secular government, meaning the state does not endorse or promote any particular religion. But that doesn’t mean the government is anti-religion. What it really ensures is equal respect and protection for all faiths. This idea of secularism in India is about neutrality not indifference and equal treatment, not preference.

Universal Adult Franchise

Universal Adult Franchise is allowing every citizen who is above 18 years to cast their votes in the Lok Sabha and state assemblies regardless of their caste, race, religion, gender or wealth. The age was lowered from 21 to 18 in 1989, under 61st Constitutional Amendment Act.

Single Citizenship

The Indian Constitution establishes a federal structure with a division of powers between the central and state governments. However, it provides for only a single citizenship, Indian citizenship. This implies that every individual, regardless of the state or territory in which they are born or reside, enjoys the same political and civil rights across the country, without any form of discrimination.

Independent Bodies

The Constitution of India has established various independent bodies other than legislative, executive and judicial of the state and federal governments which are essential for the democratic system of India.

Emergency Provisions

The framers of the Indian Constitution predicted the situations where normal governance might become unjustified. To address such scenarios, the Constitution includes detailed emergency provisions. In times of national crisis, these provisions empower the central government with overriding authority, effectively placing the functioning of state governments under its direct control.

Three-Tier Government

The Indian Constitution originally established a two-tier system of governance, describing the powers and responsibilities of the central and state governments. However, the 73rd and 74th Constitutional Amendment Acts of 1992 introduced a third tier local government which is a rare feature in most other constitutions. The 73rd Amendment added Part IX and the Eleventh Schedule, thereby granting constitutional status to panchayats (rural local bodies). Similarly, the 74th Amendment incorporated Part IX-A and the Twelfth Schedule, formally recognizing municipalities as urban local bodies within the constitutional framework.

Co-operative Societies

The 97th Constitutional Amendment Act, passed in 2011, gave cooperative societies constitutional status and protection. It empowered Parliament to make laws for multi-state cooperatives, while state legislatures were given the authority to regulate those operating within their own states.

Salient Features of Indian Constitution Criticism

The Indian Constitution is widely regarded as one of the most comprehensive drafted constitutions in the world, yet there are various criticism along which are discussed below:

• Length and Complexity: With over 450 articles spread across numerous parts, schedules, and amendments, the Indian Constitution is among the longest in the world. Its size and intricate structure often make it difficult for the average citizen to fully grasp its contents and implications.

• Rigidity and Flexibility: While certain parts of the Constitution particularly those related to federal structure and fundamental rights are difficult to amend and require a special majority in Parliament, the Constitution has nonetheless been amended over a hundred times. 

• Federalism with a Unitary Bias: Although the Constitution establishes a federal system of government, the distribution of powers heavily favors the central government. Provisions such as the power to dismiss state governments under Article 356 and control over the All-India Services have led many to argue that India’s federalism is largely nominal and unitary in practice.

• Parliamentary System of Government: India’s adoption of the Westminster-style parliamentary system means that the executive is drawn from and accountable to the legislature. Critics argue that this system has led to political instability, coalition governments, and frequent changes in leadership, particularly at the central level during certain periods.

• Fundamental Rights: The Constitution guarantees six fundamental rights to all citizens. However, critics point out that these rights are subject to various reasonable restrictions, and the scope of certain rights such as the right to equality or freedom of expression has often been narrowed by judicial interpretation or legislative action.

• Directive Principles of State Policy (DPSPs): While the DPSPs aim to guide the state toward ensuring social and economic justice, they are non-justiciable meaning they cannot be enforced in a court of law. As a result, their practical impact is often seen as limited, leading to concerns about their effectiveness.

Emergency Provisions: The Constitution empowers the central government to assume extraordinary powers during national emergencies, including the suspension of fundamental rights and the imposition of President’s Rule in states. These provisions have been criticized for their potential for misuse, as seen during the Emergency of 1975–77, when civil liberties were significantly curtailed.