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Salient features of constitution of India

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vidyavardhaka law college, mysuru

The Indian Constitution draws from various sources such as the British parliamentary system and rule of law as well as fundamental rights from the US. It is the lengthiest constitution in the world, originally consisting of 395 articles but now 447 articles. The constitution establishes a secular, democratic, socialist republic with a parliamentary system of government. It includes provisions for fundamental rights, directive principles, fundamental duties, adult suffrage, independent judiciary, and emergency powers while being neither completely rigid nor flexible.

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SALIENT FEATURES OF INDIAN CONSTITUTION Presented By DEEPU.P Assistant Professor, Vidyavardhaka Law College, Mysuru
CONSTITUTION DRAWN FROM VARIOUS SOURCES • The objective of the Constituent Assembly was not to enact an original constitution rather to enact a good and workable constitution. The assembly evaluated the constitutions of other countries and whatever good they found in these constitutions, they included in their own constitution. • Parliamentary Government and Rule of Law are the influences of the British Constitution. • The Fundamental Rights and the special
The lengthiest Constitution in the world • The Indian Constitution is the lengthiest and most detailed of all the written constitution of the world. While the American Constitution originally consisted of only 07 Articles, the Australian Constitution 128 Articles, the Canadian Constitution 147 Article, The Indian Constitution originally consisted of 395 Articles divided into22 parts and 08 Schedules but now it consists of 447 Articles, divided into26 Parts and 12 Schedules.
Written Constitution • The constitution of most of the countries are written. The Indian Constitution is also a written Constitution. In the meanwhile, it contains some unwritten elements in the form of customs and conventions.
Neither Rigid nor Flexible • The Constitution of India is neither rigid nor flexible
Fundamental Rights • Fundamental rights have been included into the Part III of the constitution from Article- 12 to 35 • Right to Equality • Right to Freedom • Right Against Exploitation • Right to Religious Freedom • Cultural and Educational rights • Right to Constitution Remedies
Directive Principles of State Policy • It contained in Part IV of the Constitution which sets out the aims and objectives to be taken up by the state in the governance of the country. Unlike the fundamental rights, this rights are not justiciable. If the state is unable to implement any provisions of the Part IV, no action can be brought against the state in the court of law.
Fundamental Duties • 42nd Amendment Act, 1976 • 86th Amendment Act, 2002 • Part IV-A of the Constitution of India which consists of only 1 Article 51-A
Adult Suffrage • Article-326 provides for universal adult franchise and every citizen including both male and female who is 18 years of age is given the right to vote without making any discrimination on the basis of sex, caste, color religion etc.
Single Citizenship • Though the Constitution of India is federal and provides for dual polity i.e., Centre and the States, but it provides for a single citizenship for the whole of India. • There is no state citizenship. Every Indian is a citizen of India and enjoys the same rights of citizenship no matter in what states he resides.
Secular State • Every person has the right to practice, profess, propagate his/her religion according to his/her goodwill. The religious dominations have the right to establish and maintain institutions for religious and charitable purposes; to manage its own affairs in matters of religion; to own and acquire movable and immovable property and to administer such property in accordance with law. But no individual is allowed to misuse his or her religious freedom.
An Independent judiciary • Mere enumeration of a number of fundamental rights in a constitution without any provision for their proper safeguards will not serve any useful purpose. Indeed, the very existence of a right depends upon the remedy for its enforcement. For this purpose independent and impartial judiciary with a power of judicial review has been established in the Constitution of India.
Parliamentary Form of Government • The constitution of India establishes a parliamentary form of government both at the Centre and at the States. • The essence of the parliamentary form of government is it is responsible to the legislature. • President is the constitutional head of the State. The real executive power is vested in the council of minister whose head is the Prime minister. • The council of minister is collectively responsible to the lower house.
Emergency Provisions • The constitution envisages 3 types of emergencies. • National emergency- Article 352 • State emergency- Article 354 • Financial emergency- Article 360
Establishment of Sovereign, Socialist, Secular, Democratic and Republic • Sovereign- Supreme authority • Socialist- Some form of ownership of the means of production and distribution by the state • Secular- No State religion • Democratic- A form of government which gets its authority from the will of the people • Republic- Elected person chosen for a limited period.
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Salient features of constitution of India

  • 1. SALIENT FEATURES OF INDIAN CONSTITUTION Presented By DEEPU.P Assistant Professor, Vidyavardhaka Law College, Mysuru
  • 2. CONSTITUTION DRAWN FROM VARIOUS SOURCES • The objective of the Constituent Assembly was not to enact an original constitution rather to enact a good and workable constitution. The assembly evaluated the constitutions of other countries and whatever good they found in these constitutions, they included in their own constitution. • Parliamentary Government and Rule of Law are the influences of the British Constitution. • The Fundamental Rights and the special
  • 3. The lengthiest Constitution in the world • The Indian Constitution is the lengthiest and most detailed of all the written constitution of the world. While the American Constitution originally consisted of only 07 Articles, the Australian Constitution 128 Articles, the Canadian Constitution 147 Article, The Indian Constitution originally consisted of 395 Articles divided into22 parts and 08 Schedules but now it consists of 447 Articles, divided into26 Parts and 12 Schedules.
  • 4. Written Constitution • The constitution of most of the countries are written. The Indian Constitution is also a written Constitution. In the meanwhile, it contains some unwritten elements in the form of customs and conventions.
  • 5. Neither Rigid nor Flexible • The Constitution of India is neither rigid nor flexible
  • 6. Fundamental Rights • Fundamental rights have been included into the Part III of the constitution from Article- 12 to 35 • Right to Equality • Right to Freedom • Right Against Exploitation • Right to Religious Freedom • Cultural and Educational rights • Right to Constitution Remedies
  • 7. Directive Principles of State Policy • It contained in Part IV of the Constitution which sets out the aims and objectives to be taken up by the state in the governance of the country. Unlike the fundamental rights, this rights are not justiciable. If the state is unable to implement any provisions of the Part IV, no action can be brought against the state in the court of law.
  • 8. Fundamental Duties • 42nd Amendment Act, 1976 • 86th Amendment Act, 2002 • Part IV-A of the Constitution of India which consists of only 1 Article 51-A
  • 9. Adult Suffrage • Article-326 provides for universal adult franchise and every citizen including both male and female who is 18 years of age is given the right to vote without making any discrimination on the basis of sex, caste, color religion etc.
  • 10. Single Citizenship • Though the Constitution of India is federal and provides for dual polity i.e., Centre and the States, but it provides for a single citizenship for the whole of India. • There is no state citizenship. Every Indian is a citizen of India and enjoys the same rights of citizenship no matter in what states he resides.
  • 11. Secular State • Every person has the right to practice, profess, propagate his/her religion according to his/her goodwill. The religious dominations have the right to establish and maintain institutions for religious and charitable purposes; to manage its own affairs in matters of religion; to own and acquire movable and immovable property and to administer such property in accordance with law. But no individual is allowed to misuse his or her religious freedom.
  • 12. An Independent judiciary • Mere enumeration of a number of fundamental rights in a constitution without any provision for their proper safeguards will not serve any useful purpose. Indeed, the very existence of a right depends upon the remedy for its enforcement. For this purpose independent and impartial judiciary with a power of judicial review has been established in the Constitution of India.
  • 13. Parliamentary Form of Government • The constitution of India establishes a parliamentary form of government both at the Centre and at the States. • The essence of the parliamentary form of government is it is responsible to the legislature. • President is the constitutional head of the State. The real executive power is vested in the council of minister whose head is the Prime minister. • The council of minister is collectively responsible to the lower house.
  • 14. Emergency Provisions • The constitution envisages 3 types of emergencies. • National emergency- Article 352 • State emergency- Article 354 • Financial emergency- Article 360
  • 15. Establishment of Sovereign, Socialist, Secular, Democratic and Republic • Sovereign- Supreme authority • Socialist- Some form of ownership of the means of production and distribution by the state • Secular- No State religion • Democratic- A form of government which gets its authority from the will of the people • Republic- Elected person chosen for a limited period.