Salient features of

Indian constitution

Presented by…
1. Archi Vanecha
2. Urvesh Parmar
3. Nasa Boricha
4. Dhanashree Surati
 Covered Topics

 Introduction  Synthesis of Parliamentary Sovereignty

and Judicial Supremacy
 Parliamentary form of
government  Secular State
 Universal Adult Franchise  Emergency Provisions
 Independent Bodies  Co-operative Societies
 3-tier Government  Integrated and Independent Judiciary
 Lengthiest Written Constitution  Fundamental Rights
 Drawn From Various Sources  Directive Principles of State Policies
 Federal System with Unitary Bias  Fundamental Duties
 Single Citizenship  Conclusion
 Blend of Rigidity and Flexibility
 Introduction

 Indian constitution was formed on 26 November, 1949, which was adopted on 26

January, 1950.

 Originally, the constitution contained a preamble, 395 articles (divided into 22

parts) and 8 schedules.

 Presently, it consists of a preamble, about 470 articles (divided into 25 parts)

and 12 schedules.

 The Indian constitution is unique in its contents and spirit. Though stitution of the
world, the constitution of India has several salient features that distinguish it from the
constitutions of other countries .
The Parliamentary System in India
 The parliamentary system is based on the principle of cooperation and coordination
between the legislative and executive organs while the presidential system is based on
the doctrine of separation of powers between the two organs.
 We had adopted the parliamentary system from Britain's parliamentary system west
minister model

Key Components:
 President:- The President of India is the ceremonial head of state. Mention that the
President's role is largely symbolic and that they perform various constitutional
duties.
 Parliament:- The Parliament of India is the supreme legislative body. Explain that it
consists of two houses - the Lok Sabha (House of the People) and the Rajya Sabha
(Council of States).
 Council of Ministers:- Council of ministers led by the Prime Minister, is responsible for
all the administration . The Prime Minister is the head of the government and is usually
the leader of the majority party in the Lok Sabha.
Universal Adult Franchise

 Universal adult suffrage means that all citizens of India who are above the age

of 18 have the right to vote in elections.

 It is a fundamental principle of the Indian Constitution and a cornerstone of

democracy.
Independent Bodies
 The Indian Constitution establishes various independent bodies to ensure the
separation of powers and uphold democracy.
 These independent bodies play a crucial role in the functioning of the Indian
government.

Key independent bodies:

 Election Commission of India: the Election Commission is responsible for
conducting free and fair elections in India. It operates independently from the
government to maintain electoral integrity.
 Comptroller and Auditor General (CAG): The CAG is responsible for auditing
government accounts and ensuring transparency and accountability in financial
matters.
 Union Public Service Commission (UPSC): UPSC conducts competitive
examinations for recruitment to various civil services and positions in the government.
It operates independently to ensure fair and merit-based appointments.
Three tier government

 Originally, Indian Parliamentary system, like other federal constitution, provided for

other dual polity and contained provisions with regard to organization and powers of

center and states.

 Later, the 73 and 74 Constitutional amendment acts (1992) have added a third

tier of government which is not found in any other Constitution of the world.

 A new part 9 and a new schedule 11 and 12 have been added to the constitution

for its enforcement.

Lengthiest Written Constitution

 Constitutions are classified into written, like the American Constitution, or unwritten,
like the British Constitution.
 The Constitution of India is the lengthiest of all the written Constitutions of the
world. It is a very com- prehensive, elaborate and detailed document.
 Presently consists 470 article (divided into 25 parts) and 12 schedule
 Four factors that contributed to the elephantine size
1) Geographical factors
2) Historical factors
3) single Constitution for both the center and the states
4) Dominance of legal luminaries in the constituent assembly
Drawn from various sources

 The Constitution of India has borrowed most of its provisions from the Constitutions of
various other countries as well as from the Government of India Act of 1935 Dr. B.R.
Ambedkar proudly acclaimed that the Constitution of India has been framed after
'ransacking all the known Constitutions of the World".
 The structural part of the Constitution is, to a large extent, derived from the
Government of India Act of 1935.
 The philosophical part of the Constitution (the Fundamental Rights and the
Directive Principles of State Policy) derives its inspiration from the American and
Irish Constitutions, respectively.
 The political part of the Constitution (the principle of Cabinet Government and the
relations between the Executive and the Legislature) has been largely drawn from the
British Constitutions.
 The other provisions of the Constitution have been drawn from the Constitutions of
Canada, Australia, Germany, USSR (now Russia), France, South Africa,
Japan and so on.
 Federal system with unitary bias

 The constitution of India established a federal system of government. It contains most

of federal features.

 However the Indian constitution also contains many unitary or non-federal features.

 Moreover the term ‘Federation’ has nowhere been used in the constitution. Article 1

on the other hand describes India as a ‘Union of states’.

Single citizenship

 Though the Indian constitution is federal and envisages a dual polity (Centre

and state), it provides for only a single citizenship, that is the Indian citizenship.

 In the country like USA, on the other hand, each person is not only a US citizenship

but also a citizen of the particular state. Despite the constitutional provision for a

single citizenship and uniform rights for all the people, India has been witnessing

communal riots, class conflicts, caste wars, linguistic clashes and ethnic disputes.

 This means that the cherished goal of the Constitution-makers to build a united and

integrated Indian nation has not been fully realized.

Blend of Rigidity and flexibility

 Constitution of India is neither rigid nor flexible, but a synthesis of both Article 368

provides for two types of amendments

1) Special majority

2) Special + state majority

 At the same time, some provisions of the Constitution can be amended by simple

majority of the parliament in the manner of ordinary legislative process. Notably, these

amendments do not come under article 368

Synthesis of Parliamentary
sovereignty and Judicial Supremacy

 Doctrine of sovereignty of parliament is associated with British parliament,

while that of judicial supremacy is associated with American supreme court.

 British parliament completely sovereign while Indian parliament power can be

curtailed by the provision of judicial review.

 Power of supreme court of India is narrower than what exists in US.

 Constitution has enforced a synthesis between British principle of parliamentary

sovereignty and American principle of judicial supremacy

A secular state

 The Constitution of India stands for a secular State.

 No state religion

 Following provisions of the constitution reveal the secular character of the Indian state.

1) Right to Equality (Article 14- 18)

2) Right to Freedom (Article 19-22)

3) Right to Freedom of Religion (Article 25-28)

4) Cultural and Educational Rights ( Article 29-30)

Emergency provision:

 Emergency provision have been taken from German constitution, it is an extraordinary

provision as it converts the normal structure of federalism into a unitary one.
 It was enforced so as to safeguard provisions of unity, integrity and security of the
country.
 Three types of emergencies are:

1) National emergency : It is enforced on the ground of external aggression or armed

rebellion. (Art 352)
2) State emergency ( Presidential rule) : It is enforced on the ground of failure of
constitutional machinery in state( Art 356) or failure to comply with the directions
of centre (Art 365)
3) Financial emergency: It is enforced on the ground of threat to financial stability or
credibility of India(Art 360)
Co-operative Societies
 The 97th constitutional Amendment Act of 2011 gave a Constitutional status and

protection to co-operative societies .

 Following changes were made

1) It made the right to form co-operative societies a fundamental right ( Article 19)

2) It included a new Directive Principle of state policy on promotion of co-operative

societies (Article 43-B)

3) It added a new part IX-B in the Constitution which is entitled as "The Co-operative

Societies " (Articles 243-ZH to 243-ZT)

 Integrated and Independent
Judiciary

 The Constitution of India establishes a judicial system that is integrated as well as

independent.

 The supreme Court stands at the top of the integrated judicial system in the country.

 Below it, there are high Courts at the state level. Under a high courts, there is a

hierarchy of subordinate courts and other lower courts. The supreme Court is a

federal court, the highest court of appeal, the guarantor of the fundamental rights

of the citizens and the Guardian of the Constitution

Fundamental rights:
 Fundamental rights are meant for promoting political democracy, mentioned in Part 3 of the
constitution, it is. borrowed from the Constitution of USA
 There are six fundamental rights guaranteed to all citizens of constitution:
 1) Right to equality( Art 14-18)
 2) Right to freedom of speech( Art 19-22)
 3) Right against exploitation( Art 23-24)
 4) Right to freedom of religion(Art 25-28)
 5) Cultural and educational rights( Art 29-30)
 6) Right to constitutional remedies(Art 32)They are justiciable in nature, they can be enforced
by courts for their violation.
 Supreme court can issue writs for their restoration.
 They are not sacrosanct in nature and can be curtailed or repealed by the Parliament through
a constitutional amendment act.
Directive principle of state policy
(DPSP)

 They are mentioned in Part 4 of the constitution, they are meant for promoting

the ideal of social and economical democracy and establish a ' welfare state' in India.

 They are not enforceable in courts, they are guidelines that needs to be followed by

government while framing laws.

 These principles are fundamental in governance of the country and it shall be the duty

of the state to apply these principles in making laws.

 They are divided into socialist, Gandhian and Liberal.

Fundamental duties:
Criticism of constitution:

 1) Borrowed constitution

 2) A carbon copy of 1935 Act

 3) Un Indian or Anti Indian

 4) An Un Gandhian constitution

 5) Elephantine size

 6) Paradise of lawyer
THANK YOU !