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Salient Features and Sources

Salient Features and Sources

Foundations of the Constitution · 3 min read

Main features

  1. Lengthiest written constitution in the world.
  2. Borrowed from many sources, but adapted to Indian needs.
  3. Blend of rigidity and flexibility. Some parts can be amended by a simple majority, some by a special majority, and some also need approval of half of the states.
  4. Federal system with a unitary bias. Art 1 calls India a "Union of States". Ambedkar called it an "indestructible Union of destructible States". Single citizenship, an integrated judiciary, all-India services, emergency powers and a Governor appointed by the Centre pull towards the Centre.
  5. Parliamentary form of government at both Centre and States. The real executive is the Council of Ministers, which is collectively responsible to the lower house.
  6. Synthesis of parliamentary sovereignty and judicial supremacy. Courts can test laws against the Constitution (judicial review), but Parliament can amend the Constitution.
  7. Fundamental Rights (Part III), Directive Principles (Part IV) and Fundamental Duties (Part IVA).
  8. Independent and integrated judiciary with the Supreme Court at the top.
  9. Secular state. No official religion, and equal respect for all faiths.
  10. Universal adult franchise from age 18 (61st Amendment, 1988).
  11. Single citizenship. There is no separate state citizenship.
  12. Independent bodies such as the Election Commission, CAG, UPSC and Finance Commission.
  13. Emergency provisions (national, state and financial).
  14. Three-tier government after the 73rd and 74th Amendments (Panchayats and Municipalities).
  15. Cooperative societies got constitutional status through the 97th Amendment (2011).

Sources of the Constitution

SourceFeatures borrowed
Government of India Act, 1935Federal scheme, Governor's office, judiciary, public service commissions, emergency provisions, administrative details
United KingdomParliamentary government, rule of law, single citizenship, cabinet system, prerogative writs, bicameralism, law-making procedure, Speaker
United StatesFundamental Rights, independence of judiciary, judicial review, impeachment of the President, removal of Supreme Court and High Court judges, post of Vice-President
IrelandDirective Principles, nomination of Rajya Sabha members, method of electing the President
CanadaFederation with a strong Centre, residuary powers with the Centre, appointment of Governors by the Centre, advisory jurisdiction of the Supreme Court
AustraliaConcurrent List, freedom of trade and commerce, joint sitting of the two houses
Germany (Weimar)Suspension of Fundamental Rights during an Emergency
USSRFundamental Duties, ideal of justice (social, economic, political) in the Preamble
FranceRepublic, ideals of liberty, equality and fraternity
South AfricaProcedure for amending the Constitution, election of Rajya Sabha members
Japan"Procedure established by law" (Art 21)

Read the full article: Salient Features of the Indian Constitution.

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Prepared for exam revision from the Constitution of India and standard sources. Office-holders and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.