Before drafting the Indian Constitution, its framers studied the constitutions of several other countries and closely examined the Government of India Act, 1935.
Salient features of the Indian Constitution:
Lengthiest Constitution
Unlike the British unwritten Constitution or shorter written Constitutions like that of the USA, India's Constitution is the most detailed and comprehensive in the world. Initially, it had 395 Articles across 22 Parts and 9 Schedules. Over time, it has expanded to around 450 Articles in 24 Parts and 12 Schedules, along with a Preamble.
Parliamentary System
India follows the Parliamentary system of government, inspired by the British model, rather than the Presidential system like in the USA. This system is based on the coordination and cooperation between the executive and legislature, in contrast to the American doctrine of separation of powers.
Rigidity and Flexibility
India’s Constitution is unique in being neither completely rigid nor entirely flexible. Some provisions require a special amendment procedure, while others can be changed through the ordinary legislative process, making it a hybrid system.
Fundamental Rights
Part III of the Constitution guarantees six fundamental rights to all citizens, ensuring political freedom and protection from arbitrary rule:
- Right to Equality (Articles 14–18)
- Right to Freedom (Articles 19–22)
- Right against Exploitation (Articles 23–24)
- Right to Freedom of Religion (Articles 25–28)
- Cultural and Educational Rights (Articles 29–30)
- Right to Constitutional Remedies (Article 32)
These rights serve as safeguards against the misuse of power by the state.
DPSP
Included in Part IV, these principles guide the policy direction of the government. Though non-justiciable, they reflect the vision of socio-economic justice. Dr. B.R. Ambedkar called them a "novel feature" of the Constitution. These principles are classified as:
- Socialistic
- Gandhian
- Liberal-Intellectual
Fundamental Duties
Introduced through the 42nd Amendment (1976), Part IVA (Article 51A) outlines the Fundamental Duties of Indian citizens. Originally ten, an eleventh duty was added through the 86th Amendment (2002), requiring parents to ensure education for their children.
Federal Structure
India is described in Article 1 as a "Union of States," not a federation formed by agreement. It features a dual government, division of powers, and independent judiciary, all hallmarks of federalism. However, it leans towards a strong central government, particularly in times of crisis.
Right to Vote
India grants the right to vote to all citizens aged 18 years or above, irrespective of caste, gender, or religion. Initially, the voting age was 21, but was reduced to 18 by the 61st Amendment Act (1988).
Judiciary
India has a unified judicial system with the Supreme Court at its apex. The judiciary ensures fair interpretation and enforcement of laws, resolves disputes between states or between the center and states, and protects fundamental rights. It acts as the guardian of the Constitution.
Secularism
The Indian Constitution embodies the principle of secularism, affirming that the state has no official religion. The term "secular" was formally added to the Preamble via the 42nd Amendment (1976). Articles 25 to 28 ensure freedom of religion and religious equality.
Single Citizenship
Unlike federations such as the United States, India grants only one citizenship — that of India. Regardless of which state an individual resides in, their rights and duties remain uniform across the nation.
Separation of Powers
Inspired by Montesquieu, this doctrine advocates for a clear division between the legislative, executive, and judicial branches of government. While not rigidly enforced in the Indian system, it forms a core principle for maintaining institutional balance and preventing concentration of power.