India’s Constitution: Structure and Features

The Constitution of a state lays down the duties, powers, and functions of the various organs of government. It establishes a relationship between the organs, and the State, and its citizens. Hence, a Constitution is an agreed upon document, which ‘establishes’ the basis on which consenting people shall govern themselves. It is the fundamental law of a State. The features of the Constitution may vary from state to state. The government of a state operates in accordance with the principles laid down in its Constitution. It helps to maintain law and order in the country.

Features of The Constitution Of India

I. Modern Constitution:

• The Constitution of India drafted in the mid-twentieth century, has assimilated the best features gathered from the existing Constitutions and fashioned to suit the existing conditions and needs of the country.
• Article 1(1) declares that India, that is Bharat, shall be a Union of States.
• All 552 Indian States within the geographical boundaries of the Dominion of India acceded to the Dominion of India by 15 August, 1947, thus unifying India into a compact State.
• Part III of the Constitution of India on Fundamental Rights is inspired by the American Bill of Rights.
• Part IV of the Constitution of India on Directive Principles of State Policy is inspired by the Irish Constitution.

II. Lengthiest written Constitution:

• Durga Das Basu in his book ‘Introduction to the Constitution of India’ has stated that “the Constitution of India has the distinction of being the lengthiest, most detailed, elaborate constitutional document the world has so far produced”.
• It consists of 395 Articles (many articles were added subsequently and some were repealed by way of amendments).
• The additions been given alpha numeric enumeration alongside the original article. Originally the Constitution consisted of 8 schedules; now it consists of 12 Schedules.

III. Preamble to the Constitution:

• The Constitution begins with an introductory statement called the preamble. Based on the Objectives Resolution, it lays down the guiding principles and the philosophy for the Constitution.
• It provides for unity and integrity of the country.
• The Constitution of India starts with its Preamble.
• The Supreme Court of India in the Fundamental Rights Case (Keshavananda Bharati v. Union of India, 1973 SC 1461) held that
• Preamble does form part of the Constitution. The objectives specified in the Preamble contain the ‘ basic structure’ of the Constitution. The Preamble is the guide to interpret the provisions of the Constitution.
• The Preamble and the Constitutional provisions aim to secure to its citizens equality of status and opportunity in state affairs such as elections, and in state employment without any special privilege or discrimination based on the ground of religion, race, caste, sex, place of birth.

IV. Fundamental Rights:

• In the Constitution of India, the human rights provisions are set out in two chapters.
• Part III of the Constitution provides for Fundamental Rights, largely of political and civil nature, which are enforceable by a court of law.
• This chapter was revolutionary as it broke the barriers of the Indian traditional and hierarchical society that did not recognize the principles of individual equality.
• The Fundamental Rights guarantee to the people certain basic rights. The legislative and executive actions which infringe upon or violate the Fundamental Rights are declared ultra vires the Constitution.

V. Directive Principles of State Policy:

• The Directive Principles of State Policy are included in Part IV of the Constitution.
• These are the guiding principles governing state policies in the social sector.
• They are interpreted as economic and social rights and are classically socialist in nature and fulfil the social revolution agenda of
• the preamble.
• The provisions are not enforceable by any court of law, but provide guidance in carrying out and drafting laws regarding human and social development.

VI. Fundamental Duties:

The Constitution (forty-second Amendment) Act, 1976 added Part IV-A, Article 51-A on Fundamental Duties of citizens, to the Constitution. These are eleven in number. As stated by the Supreme Court in Mohan Kumar v. Union of India (AIR 1992 SC 1), the courts may also enforce the duties while balancing and harmonizing them with the Fundamental Rights.

VII. Constitutional Provision for Amendment of the Constitution of India:

• Part XX of the Constitution of India provides in detail the procedure for amendment of the Constitution. Article 368 specifies the powers of the Parliament to amend the Constitution and lays down the procedure. There is no limitation on the constituent power of the Parliament for amending by adding, removing or improving the provisions in the Constitution.
• The initial step of an Amendment is the introduction of a Bill for the purpose in either House of Parliament. The bill has to be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of that House present and voting. The Bill is then sent for President’s assent.
• Some amendments also require to be ratified by the Legislature of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.
• The Supreme Court in the case of Kesavananda Bharti v. State of Kerala (AIR 1973 SC 1461) case has restrained the powers of Parliament to amend the Constitution of India in respect of its Basic Structure.

VIII. Adult Suffrage:

• Article 326 confers on the citizens of India the right to vote in the general elections to the House of People and to the Legislative Assemblies of States.
• Every citizen who is not less than 18 years of age (reduced from 21 years by the Constitution (Sixty-first Amendment Act, 1988) and otherwise not disqualified under the Constitution or any other law on the grounds of unsoundness of mind, non- residence, crime or corrupt or illegal practice shall be entitled to be registered as a voter at any such election.
• There is one general electoral roll for every territorial constituency, as stated in Article 325 of the Constitution, for election to either House of Parliament or to the House or Houses of State Legislature.
• This Article further specifies that no person shall be ineligible for inclusion to the electoral roll on the grounds only of religion, race caste sex or any of them.

IX. Single Citizenship:

• The Constitution of India provides single citizenship to its citizens. Part II of the Constitution of India contains provisions regarding citizenship at the commencement of the Constitution and other matters.
• The Citizenship Act 1955 provides that citizenship can be acquired by way of birth, descent or registration. (The Act also provides for citizenship by naturalization and by incorporation of territory.)
• The citizens of India enjoy political and civil rights enshrined under the Constitution such as the right to vote, right to contest elections, right to hold high offices such as that of the President, Vice President, Governor, Judges, subject to satisfaction of other criteria prescribed for the purpose. No citizen can be denied employment in any State on the grounds of being non- resident of that State.
• There are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation.

X. Independent Judiciary:

• Another notable feature of the Constitution of India is its provisions which uphold the independence of the judiciary from the influence of other organs of the Government.
• The Judiciary functions in accordance with the set principles of the Constitution. This topic has been dealt with in the preceding chapters.

XI. Emergency Provision:

• The Constitution makers also foresaw that there could be situations when the government could not be run as in ordinary times. To cope with such situations, Part XVIII of the Constitution elaborates on emergency provisions.
• The President, who is advised by the Cabinet of ministers at the center, proclaims the state of emergency.
• Accordingly, the President is concerned to declare three types of emergencies:-
  • Emergency caused by war, external aggression or armed rebellion [Aricle 352]
  • Emergency arising out of the failure of constitutional machinery in states [Article 356 & 365]
  • Financial emergency [Article 360].
• The rationality behind the incorporation of these provisions is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
• During an emergency, the central government becomes all-powerful and the states go under total control of the centre.
• This kind of transformation of the political system from federal (during normal times) to unitary (during emergency) is a unique feature of the Indian Constitution.

XII. Federal in form Unitary in character:

• The Constitution of India establishes a federal system of government.
• It contains all the usual features of a federation, such as two governments, division of powers, written constitution, the supremacy of the constitution, the rigidity of the Constitution, independent judiciary and bicameralism.
• However, the Indian Constitution also contains a large number of unitary or non-federal features, such as a strong Centre, single Constitution, appointment of state governor by the Centre, all-India services, integrated judiciary, and so on.
• Moreover, the term ‘Federation’ has nowhere been used in the Constitution.

XIII. Division of Power:

• Various articles and schedules of the Constitution lay down rules about the powers of the central and the state governments as well as the relations between them.
• The Seventh Schedule contains three legislative lists: Union list, State list, and the Concurrent list.
• These three lists define the legislative jurisdictions.

XIV. Centre:

• The central government has the exclusive legislative authority to frame laws over matters listed in the Union list.
• There are 99 items in the Union list that include foreign affairs, defense, armed forces, communications, posts and telegraph, foreign trade etc.

XV. State Relations:

The state governments ordinarily have the authority on matters stated in the State list. There are exceptional situations however, such as emergency, national interest, and international trade when the Centre can legislate on matters of the State list. There are 61 subjects in the State list that include public order, police, administration of justice, prison, local governments, agriculture and so on.

XVI. Schedules to the Constitution:

Originally there were eight schedules but now there are 12 Schedules attached to the Constitution of India. They provide necessary administrative details to the functioning of the organs of Government. These Schedules are amendable by Parliament.

Salient Features of The Constitution Of India: FAQs

Where did India get its Constitution from?

The Constitution of India borrows from various sources like the Government of India Act 1935 (for the office of Governor, emergency provisions etc.), the US Constitution (for the structure of the Supreme Court), and the Irish Constitution (for Directive Principles of State Policy).

How can the Constitution be changed?

The Indian Constitution is a blend of rigidity (difficult to amend) and flexibility (can be amended). Amendments are made through a special process involving the Parliament.

What kind of government does India have?

India has a federal system with a unitary bias. This means there is a division of power between the central and state governments, but the center has some overriding powers.

How does the Indian government function?

India has a parliamentary form of government, where the Prime Minister and the Council of Ministers are responsible to Parliament.

What does secularism mean in the Indian context?

India is a secular state, meaning it treats all religions equally and does not favor any one religion.

What are Fundamental Rights?

The Constitution guarantees Fundamental Rights to all Indian citizens. These include rights like equality, freedom of religion, and the right to education.