Salient Features of Indian Constitution

India has the largest written constitution in the world, and the Features of Indian Constitution make it different from other constitutions. It includes a blend of flexibility and rigidity, independent judiciary, federal structure, and parliamentary system. In this blog, we will understand the major Features of Indian Constitution in simple and easy language.

Before understanding the salient features of the Indian Constitution, it is important to know the Indian Polity and the historical background that shaped the Constitution through various Acts, reforms, and constitutional developments during British rule.

Features of the Indian Constitution 

Borrowed Features from Many Countries

The Indian Constitution is called a “Bag of Borrowings” because many provisions were taken from different countries, but India did not copy them directly.

The makers of the Constitution modified them according to India’s:

• Political conditions
• Economic conditions
• Social diversity

Important Borrowed Features

Country	Borrowed Feature
UK	Parliamentary System, Rule of Law, Single Citizenship
USA	Fundamental Rights, Judicial Review, Independence of Judiciary
Ireland	Directive Principles of State Policy
Canada	Strong Centre, Residuary Powers
Australia	Concurrent List, Freedom of Trade
Germany	Emergency Provisions
USSR/Russia	Fundamental Duties
South Africa	Amendment Procedure
Japan	Procedure established by law

Feature	Original Constitution (1949)	Present Constitution
Preamble	1	1
Articles	395	About 470
Parts	22	25
Schedules	8	12

Parts of the Indian Constitution

Part Subject Articles Part I The Union and its Territories 1–4 Part II Citizenship 5–11 Part III Fundamental Rights 12–35 Part IV Directive Principles of State Policy (DPSP) 36–51 Part IV-A Fundamental Duties 51A Part V The Union 52–151 Part VI The States 152–237 Part VII States in Part B of First Schedule 238 (Repealed) Part VIII Union Territories 239–242 Part IX Panchayats 243–243O Part IX-A Municipalities 243P–243ZG Part IX-B Cooperative Societies 243ZH–243ZT Part X Scheduled & Tribal Areas 244–244A Part XI Relations between Union & States 245–263 Part XII Finance, Property, Contracts & Suits 264–300A Part XIII Trade, Commerce & Intercourse 301–307 Part XIV Services under Union & States 308–323 Part XIV-A Tribunals 323A–323B Part XV Elections 324–329A Part XVI Special Provisions for Certain Classes 330–342 Part XVII Official Language 343–351 Part XVIII Emergency Provisions 352–360 Part XIX Miscellaneous 361–367 Part XX Amendment of Constitution 368 Part XXI Temporary, Transitional & Special Provisions 369–392 Part XXII Short Title, Commencement, Authoritative Text in Hindi & Repeals 393–395

Tricks to Remember Important Parts

• Part III → Fundamental Rights → Articles 12–35 → “Rights are important from age 12 to 35”
• Part IV → DPSP → Articles 36–51 → “Government principles start after Rights”
• Part IV-A → Fundamental Duties → Article 51A → “After getting Rights, perform Duties”
• Part V → The Union → Articles 52–151 → “Union Government starts from President (Art 52)”
• Part VI → States → Articles 152–237 → “After Union comes States”
• Part IX → Panchayats → Articles 243–243O → “73rd Amendment = Panchayati Raj”
• Part IX-A → Municipalities → Articles 243P–243ZG → “74th Amendment = Municipalities”

The Indian Constitution is divided into different Parts to systematically explain: Rights, Duties, Government structure, Elections, Emergency, Finance, Administration, Amendments

Schedules of Indian Constitution 

Tricks: “TEARS OF OLD PM”

Schedule	Trick Letter	Subject
1st	T	Territories and States
2nd	E	Emoluments (Salary & Allowances)
3rd	A	Affirmations and Oaths
4th	R	Rajya Sabha Seat Allocation
5th	S	Scheduled Areas & Scheduled Tribes Administration
6th	O	Other Tribal Areas (Assam, Meghalaya, Tripura, Mizoram)
7th	F	Federal Lists (Union, State, Concurrent)
8th	O	Official Languages
9th	L	Land Reforms
10th	D	Defection (Anti-Defection Law)
11th	P	Panchayats
12th	M	Municipalities

Explanation

Schedule	Important Topic	Extra Point
1st Schedule	Names of States & Union Territories	Territorial division of India
2nd Schedule	Salary & Allowances	President, Governor, Judges, etc.
3rd Schedule	Oaths & Affirmations	Constitutional posts
4th Schedule	Rajya Sabha Seats	Seat allocation to states
5th Schedule	Scheduled Areas & Tribes	Administration & control
6th Schedule	Tribal Areas in Northeast	Assam, Meghalaya, Tripura, Mizoram
7th Schedule	Union, State & Concurrent Lists	Distribution of powers
8th Schedule	Official Languages	Currently 22 languages
9th Schedule	Land Reform Laws	Protected from judicial review initially
10th Schedule	Anti-Defection Law	Added by 52nd Amendment (1985)
11th Schedule	Panchayats	Added by 73rd Amendment
12th Schedule	Municipalities	Added by 74th Amendment

TEARS OF OLD PM: T → Territories ⇢ E → Emoluments ⇢ A → Affirmations ⇢ R → Rajya Sabha ⇢ S → Scheduled Areas ⇢ O → Other Tribal Areas ⇢ F → Federal Lists ⇢ O → Official Languages ⇢ L → Land Reforms ⇢D → Defection ⇢P → Panchayats⇢ M → Municipalities

Quick Exam Facts

• Total Schedules originally → 8 ⇢ Presently → 12 Schedules
• 9th Schedule added by → 1st Amendment Act, 1951
• 10th Schedule added by → 52nd Amendment
• 11th & 12th added by → 73rd & 74th Amendments

Constitutional Amendments 

Indian Constitution Changes with Time

The Constitution of India has undergone many amendments to meet changing political, social, and economic needs of India. Some amendments are considered very important because they brought major constitutional changes.

Most Important Constitutional Amendments

Amendment	Year	Important Feature
7th Amendment	1956	Reorganization of States
42nd Amendment	1976	Mini Constitution
44th Amendment	1978	Restored democratic rights
73rd Amendment	1992	Panchayati Raj
74th Amendment	1992	Municipalities
97th Amendment	2011	Cooperative Societies
101st Amendment	2016	GST introduced
105th Amendment	2021	States got power to identify OBCs

Explanation

1. 7th Amendment Act, 1956 ⇢ Reorganization of states on linguistic basis  ⇢Abolished Part A, B, C, D states
2. 42nd Amendment Act, 1976 Called: “Mini Constitution”  ⇢ Because it made the largest number of changes.  ⇢ Added: Fundamental Duties & Words “Socialist”, “Secular”, “Integrity” in Preamble  ⇢ Strengthened Central Government
3. 44th Amendment Act, 1978  ⇢ Removed many excess powers of Emergency period ⇢ Restored Fundamental Rights protection  ⇢  Right to Property became: Legal Right  ⇢ Not a Fundamental Right
4. 73rd Amendment Act, 1992  ⇢ Related To Panchayati Raj System  ⇢ Added Part IX  ⇢ 11th Schedule
5. 74th Amendment Act, 1992  ⇢Related To  ⇢Municipalities  ⇢Added  ⇢Part IX-A  ⇢12th Schedule
6. 97th Amendment Act, 2011 ⇢Related To ⇢Cooperative Societies  ⇢Added ⇢Part IX-B ⇢Promoted: Democratic functioning of cooperative societies
7. 101st Amendment Act, 2016  ⇢Main Feature  ⇢GST (Goods and Services Tax)  ⇢Created: ⇢“One Nation, One Tax”  ⇢ Important Articles Added: Article 246A, Article 269A, Article 279A  ⇢ Goods and Services Tax in India
8. 105th Amendment Act, 2021 ⇢ Latest Important Amendment  ⇢ Date: 10 August 2021  ⇢ Amended Articles: Article 338B, Article 342A, Article 366  ⇢ Main Purpose ⇢ Restored the power of State Governments to identify: SEBCs also known as OBCs

105th Articles Amended

• Article 338B → National Commission for Backward Classes (NCBC) 
• Article 342A → Identification/List of SEBCs 
• Article 366 → Definition of SEBCs

On 11 May 2021, the Supreme Court Maratha Reservation Judgment stated that: 

• Only the Central Government could identify SEBCs/OBCs for the Central List.  
• States lost their power to identify OBCs.

What the 105th Amendment Did

• Restored the power of State Governments
• States can again prepare and maintain their own: State OBC List

Full Form: SEBC = Socially and Educationally Backward Classes

• Before Judgment → States + Centre both had power 
• After SC Judgment → Only Centre had power 
• After 105th Amendment → States + Centre both have power again 

105th Amendment Act, 2021 restored the power of State Governments to identify SEBC/OBCs by amending Articles 338B, 342A and 366.

Trick: “State–Mini–Rights–Village–City–Cooperative–GST–OBC”

State Reorganization → 7th  ⇢ Mini Constitution → 42nd ⇢ Rights Restored → 44th  ⇢ Village Govt → 73rd  ⇢ City Govt → 74th ⇢ Cooperative Societies → 97th ⇢ GST → 101st ⇢ OBC Power to States → 105th

Trick: 338B → Commission  ⇢342A → OBC List  ⇢366 → Definition

Salient Features of Indian Constitution

Feature	Details
Adopted On	26 November 1949
Came Into Force	26 January 1950
Father of Constitution	B. R. Ambedkar
Nature	Written, Detailed, Federal with Unitary Bias

Lengthiest Written Constitution

Constitutions are:

• Written → Like India & USA
• Unwritten → Like Britain

India has the largest written Constitution in the world.

Reasons for Elephantine Constitution

Reason	Explanation
A. Geographical Factors	Vast country with huge diversity
B. Historical Factors	Influence of Government of India Act, 1935
C. Single Constitution	One Constitution for Centre and States
D. Legal Experts	Legal luminaries dominated Constituent Assembly

Government of India Act, 1935 contributed more than 250 provisions.

Drawn from Various Sources

Dr. Ambedkar’s Statement : “The Indian Constitution has been framed after ransacking all the known Constitutions of the world.”

Source Country	Borrowed Features
Government of India Act 1935	Federal Scheme, Governor Office, Judiciary, Emergency
British Constitution	Parliamentary Government, Rule of Law, Single Citizenship, Cabinet System, Bicameralism
USA	Fundamental Rights, Judicial Review, Impeachment, Vice-President
Irish Constitution	Directive Principles of State Policy, Rajya Sabha nomination
Canadian Constitution	Strong Centre, Residuary Powers, Advisory Jurisdiction
Australian Constitution	Concurrent List, Trade Freedom, Joint Sitting
USSR	Fundamental Duties, Justice in Preamble
French Constitution	Republic, Liberty, Equality, Fraternity
South African Constitution	Amendment Procedure, Rajya Sabha Election
Japanese Constitution	Procedure Established by Law
Weimar Constitution (Germany)	Suspension of Fundamental Rights during Emergency

Blend of Rigidity and Flexibility

While we want the Constitution to be as solid and permanent as we can make it, there is no permanence in Constitution. There should be certain flexibility. If you make anything rigid and permanent, you stop the nation's growth, the growth of a living, vital organic people... 

• Rigid Constitution - Special procedure for its amendment, the American Constitution 
• Flexible constitution - Amended as the ordinary laws are made, the British Constitution 

Article 368 : Provides for two types of amendments

• Some provisions can be amended by a special majority of the Parliament Some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states 
• At the same time, some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner ordinary legislative process

Type	Meaning
Rigid Constitution	Difficult amendment process (USA)
Flexible Constitution	Easy amendment process (Britain)

India combines both rigidity and flexibility.

Article 368

Types of Amendments

Type	Method
Special Majority	Parliament only
Special Majority + State Ratification	Parliament + Half of States
Simple Majority	Ordinary legislative process

Constitution is neither too rigid nor too flexible.

Federal System with Unitary Bias 

The term 'Federation' has nowhere been used in the Constitution. 

• Federalism in India - Indian Constitution contains a large number of unitary or non-federal features 

Federal Features

Federal Features	Explanation
Two Governments	Centre and State
Division of Powers	Union, State & Concurrent List
Written Constitution	Clearly documented
Supremacy of Constitution	Constitution is supreme
Independent Judiciary	Supreme Court protection
Bicameralism	Lok Sabha & Rajya Sabha

Unitary Features

Unitary Features	Explanation
Strong Centre	More powers to Centre
Single Constitution	Same Constitution
Single Citizenship	One citizenship
Integrated Judiciary	Unified court system
Governor Appointment	By Centre
Emergency Provisions	Centre becomes powerful

Famous Statements

Scholar	Statement
Sir Ivor Jennings	“Federation with a centralising tendency”
K.C. Wheare	“Quasi-Federal”

Parliamentary Form of Government

Westminster Model

Indian Parliamentary System is based on the British model.

Difference

Parliamentary System	Presidential System
Citizens elect legislature	Citizens elect executive
Legislature selects executive	Executive independent
PM is real executive	President is real executive

Features of Parliamentary Government

1. Presence of nominal and real executives 
2. Majority Party Rule
3. Collective Responsibility of the executive to the legislature
4. Ministers are Legislature Members
5. Leadership of PM/CM
6. Dissolution of Lower House (Lok Sabha on Assembly)

Synthesis of Parliamentary Sovereignty and Judicial Supremacy

• Sovereignty of Parliament: Associated with the British Parliament
• Judicial supremacy: Associated with the American system

Scope of judicial review power of the Supreme Court in India is narrower than that of what exists in US 

• Because American Supreme Court: Due process of law 
• Indian constitution: Procedure established by law (Art 21) 

In India we have proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy

Concept	Country
Parliamentary Sovereignty	Britain
Judicial Supremacy	USA

India combines both systems.

Judicial Review

USA	India
Due Process of Law	Procedure Established by Law

Article 21: Indian Supreme Court has narrower judicial review powers than the USA.

Integrated and Independent Judiciary

• Supreme Court: Highest court of appeal Guarantor of the fundamental rights of the citizen Guardian of the constitution. 
• India Single system of courts enforces both the central laws as well as the state laws. 
• USA Federal laws are enforced by the federal judiciary and the state laws are enforced the state judiciary.

Supreme Court Functions

Function	Role
Highest Court of Appeal	Final court
Guarantor of Fundamental Rights	Protects rights
Guardian of Constitution	Ensures constitutional supremacy

India vs USA Judiciary

India	USA
Single Integrated Judiciary	Dual Judiciary
Central & State laws enforced together	Separate federal and state courts

Fundamental Rights

• Limitations on the tyranny of the executive and arbitrary laws of the legislature 
• Fundamental Rights are not absolute and subject to reasonable restrictions. 

Part Ill of the Indian Constitution guarantees six fundamental rights to all citizens: 

1. Right to Equality (Articles 14-18) 
2. Right to Freedom (Articles 19-22)
3. Right against Exploitation (Articles 23-24) 
4. Right to Freedom of Religion (Articles 25-28) 
5. Cultural and Educational Rights (Articles 29-30)
6. Right to Constitutional Remedies (Article 32 

Originally, seven Fundamental Rights. The Right to Property (Article 31) was deleted by the 44th Amendment Act of 1978. It is made a legal right under Article 300-A in Part XII of the constitution.

Purpose

• Prevent tyranny of executive
• Prevent arbitrary laws

Rights are not absolute and have reasonable restrictions.

Directive Principles of State Policy (DPSP)

• Aim: to establish a 'welfare state' in India. 
• Non-Justiciable in nature 
• To promote the ideals of social and economic democracy. 
• Three broad categories- Socialistic, Gandhian & liberal intellectual

Features

Point	Details
Part	Part IV
Nature	Non-Justiciable
Aim	Welfare State
Purpose	Social & Economic Democracy

Categories

1. Socialistic
2. Gandhian
3. Liberal-Intellectual

Fundamental Duties

• Article 51-A, 11 duties Added by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. 
• Non-justiciable in nature. 

Important Facts

Feature	Details
Article	51-A
Added By	42nd Amendment Act, 1976
Committee	Swaran Singh Committee
Nature	Non-Justiciable

The 86th Constitutional Amendment Act of 2002 added one more fundamental duty.

Secular state 

• Giving equal respect to all religions or protecting all religions equally 
• The term 'secular' was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976

Universal Adult Franchise

• 61st Constitutional Amendment Act of 1988 - Voting age was reduced to 18 years from 21 years
• Universal adult franchise: Basis of elections to the lok Sabha and the state legislative assemblies.

Feature	Details
Voting Basis	Universal Adult Franchise
Applies To	Lok Sabha & State Assemblies
Voting Age Earlier	21 years
Present Voting Age	18 years

Three-Tier Government 

• 73rd Constitutional Amendment Acts (1992): Constitutional recognition to the panchayats, Part IX, Schedule II. 
• 74th Constitutional Amendment Acts (1992): Constitutional recognition to the municipalities, Part IX-A, Schedule 12.
• Art. 40: Organisation of village panchayats (Gandhian principle) Does not uphold any particular religion as the official religion of the Indian State

Independent Bodies

• Bulwarks of the democratic system: Election Commission, Comptroller and Auditor General, Union Public Service Commission, State Public Service Commission etc.

Democratic Bulwarks

Institution	Role
Election Commission	Conducts elections
Comptroller and Auditor General (CAG)	Audits government accounts
UPSC	Recruitment for civil services
State PSC	State-level recruitment

Single Citizenship

• India: Enjoy the same political and civil rights of citizenship all over the country. 
• USA: Each person is not only a citizen of the USA, but also a citizen of the particular state to which he belongs

India	USA
Single Citizenship	Dual Citizenship
Same rights across India	State + National citizenship

Every Indian enjoys equal political and civil rights across the country.

Emergency Provisions

• Rationality behind provisions: To safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution. 

Purpose

• Protect sovereignty
• Maintain unity & integrity
• Safeguard democracy

Types of Emergency

Emergency	Article
National Emergency	Article 352
President’s Rule	Article 356 / 365
Financial Emergency	Article 360

Emergency Articles

3

During Emergency, federal structure becomes unitary without formal amendment.

Cooperative Societies

97th Constitutional Amendment Act, 2011

Following three changes in the Constitution

• It made the right to form cooperative societies a fundamental right (Article 19) 
• It included a new Directive Principle of State Policy on the promotion of cooperative societies (Article 43-B). 
• It added a new Part IX-B in the Constitution which is entitled "The Co-operative Societies" (Articles 243-ZH to 243-ZT)

Change	Provision
Fundamental Right	Right to form cooperative societies under Article 19
DPSP Added	Article 43-B
New Part Added	Part IX-B

Articles

Provision	Articles
Co-operative Societies	Articles 243-ZH to 243-ZT

One-Line Revision Points

Feature	Quick Recall
Lengthiest Constitution	Detailed & Written
Borrowed Features	From many countries
Flexible + Rigid	Blend system
Federal + Unitary	Quasi-Federal
Parliamentary System	Westminster model
Judicial Review	Balanced with Parliament
Fundamental Rights	Six rights
DPSP	Welfare state
Fundamental Duties	Article 51-A
Secularism	Equal respect to religions
Adult Franchise	Voting at 18
Emergency	Articles 352, 356, 360

Major Criticisms of the Indian Constitution

Criticism	Meaning	Given By
Bag of Borrowings	Constitution borrowed many features from different countries instead of being completely original	Critics
Carbon Copy	Indian Constitution is considered a copied version of other constitutions	N. Srinivasan, P. R. Deshmukh
Un-Indian / Anti-Indian	Constitution does not fully reflect Indian culture, traditions, and values	Critics
Un-Gandhian	Gandhian ideals like village republics and decentralization were not adequately included	T. Prakasam
Elephantine Size	Constitution is too lengthy and bulky	H. V. Kamath
Lawyer’s Paradise	Too many legal terms and complex provisions increased legal complications	H. K. Maheshwar

Explanation of Each Criticism

Bag of Borrowings

• Indian Constitution borrowed provisions from: Britain, USA, Ireland, Canada, Australia etc.
• Critics said it lacked originality.

Supporters argued: Borrowing good features from different countries made the Constitution strong and practical.

Carbon Copy

• Critics believed many provisions were directly copied.
• Large influence of: Government of India Act, 1935 & British Constitution

However, India modified borrowed features according to Indian conditions.

Un-Indian / Anti-Indian

• Critics felt: Ancient Indian political ideas were ignored & Western political concepts dominated the Constitution.

Examples:

• Parliamentary democracy
• Federalism
• Judicial review

Un-Gandhian

• Mahatma Gandhi wanted: Gram Swaraj, Village republics, Decentralization
• Critics said the Constitution focused more on: Centralized administration, Parliamentary institutions

Later, Panchayati Raj was strengthened by the 73rd Amendment.

Elephantine Size

• Indian Constitution is the world’s lengthiest written constitution.

Reasons for Large Size

Reason	Explanation
Vast country	Huge diversity
Detailed provisions	Covers many subjects
Single Constitution	For Centre & States
Administrative details	Included in Constitution

Lawyer’s Paradise

• Constitution contains: Complex legal language, Detailed articles, Numerous interpretations
• This increased: Court cases, Legal debates, Judicial interpretation

Yet, detailed provisions also reduce ambiguity and confusion

The Indian Constitution was criticized for being lengthy, borrowed, legalistic, and less rooted in traditional Indian political philosophy, but its supporters considered these features necessary for governing a diverse nation like India.  

To understand why the Indian Constitution adopted federalism, parliamentary government, fundamental rights, and emergency provisions, readers should also study the Historical Background of Indian Polity which explains the constitutional evolution of India before independence