UPSC CSE IAS Material - Salient Features of the Constitution
1. Lengthiest Written Constitution
The Constitution, Originally (1949), Contained :
- Preamble,
- 395 Articles (divided into 22 Parts)
- 8 Schedules.
Now (2019) :
- Preamble,
- 470 Articles (divided into 25 Parts)
- 12 Schedules.
2. Drawn From Various Sources
US Constitution :
- Fundamental rights
- Independence of judiciary
- Judicial review
- Impeachment of the President
- Removal of supreme court and high court judges
- Post of Vice President
British Constitution :
- Parliamentary Government
- Rule of Law
- Legislative procedure
- Single citizenship
- Cabinet system
- Prerogative writs
- Parliamentary privileges
- Bicameralism.
Irish Constitution
- Directive Principles of State Policy,
- Nomination of members
Australian Constitution
- Concurrent List
- Freedom of trade, commerce and inter-course
- Joint sitting of the two Houses of Parliament
Canadian Constitution
- Federation with a strong Center
- Vesting of residuary powers in the center
- Appointment of State governors by the Center
- Advisory jurisdiction of the Supreme Court
Weimar Constitution of Germany
- Suspension of Fundamental Rights during Emergency
Soviet Constitution (USSR, now Russia)
- Fundamental duties
- The ideal of justice (social economic and political) in the Preamble
French Constitution
- Republic and the ideals of liberty, equality and fraternity in the Preamble.
South African Constitution
- Procedure for amendment of the Constitution
- Election of members of Rajya Sabha
Government of India Act 1935
- Federal Scheme
- Office of Governor
- Judiciary
- Public Service Commission
- Emergency provisions
- Administrative details
Japanese Constitution
- Procedure established by Law.
3. Blend of Rigidity and Flexibility
US Constitution :
- A rigid Constitution - requires a special procedure for its amendment (Eg: American Constitution)
- A flexible constitution - can be amended as the ordinary laws are made (Eg: British Constitution).
- The Constitution of India is a synthesis of both(rigid & flexible).
4. Federal System with Unitary Bias
Features of a Federation :
- Two Government
- Division of powers
- Written Constitution
- Supremacy of Constitution
- Rigidity of Constitution
- Independent judiciary
- Bicameralism.
The Indian Constitution also contains a large number of unitary or non-federal features
Non-Federal Features :
- Strong Centret
- Single Constitution
- Single citizenship
- Flexibility of Constitution,
- Integrated judiciary
- Appointment of state governor by the Centre
- All-India services
- Emergency provisions Etc.,
The term ‘Federation’ has nowhere been used in the Constitution.
5. Parliamentary Form of Government
- India had chosen the British Parliamentary System of Government (America - Presidential System)
- Based on the principle of co-operation and co-ordination between the legislative and executive organs (presidential system - the doctrine of separation of powers)
The Parliamentary System is also Known as :
- The ‘Westminster’ Model of Government
- Responsible Government
- Cabinet Government.
- The parliamentary system in the states.
The Features :
- Presence of nominal and real executives
- Majority party rule
- Collective responsibility of the executive to the legislature
- Membership of the ministers in the legislature
- Leadership of the Prime Minister or the Chief Minister
- Dissolution of the lower House (Lok Sabha or Assembly).
- The role of the Prime Minister is crucial (‘Prime Ministerial Government’).
6. Synthesis of Parliamentary Sovereignty Judicial Supremacy
- The sovereignty of Parliament - British Parliament.
- The judicial supremacy - American Supreme Court.
- The Indian Constitution was a synthesis of the parliamentary sovereignty and the judicial supremacy.
How :
- The Supreme Court can declare the parliamentary laws as unconstitutional through its power of judicial review.
- The Parliament can amend the major portion of the Constitution through its constituent power.
7. Integrated and Independent Judiciary
- The Supreme Court is the apex body of the integrated judicial system in India and cintrols high courts at the state level.
- High court control subordinate courts, that is, district courts and other lower courts.
- All Courts enforce both the central laws and thestate laws.
- The Supreme Court is the guarantor of the fundamental rights of the citizens
- The guardian of the Constitution.
8. Fundamental Rights
9. Directive Principles of State Policy
10. Fundamental Duties
11. A Secular State
12. Universal Adult Franchise
13. Single Citizenship
14. Independent Bodies
- Independent bodies were the bulwarks of the democratic system of Government in India.
These are:
- Election Commission
- Comptroller and Auditor-General of India
- Union Public Service Commission
- State Public Service Commission
15. Emergency Provisions
16. Three-tier Government
17. Co-operative Societies

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