Salient Features of Constitution

Indian Constitution Overview:

• The 42nd Amendment Act (1976) is known as the ‘Mini-Constitution’.
• The Supreme Court ruled that Parliament’s constituent power under Article 368 cannot alter the ‘basic structure’ of the Constitution.
• The Constitution is the longest document ever written, with 395 articles, 8 schedules, and a preamble.
• Article 368 allows for two types of amendments: special majority of Parliament and ratification by half of the total states.
• The Constitution does not use the term ‘federation’ and describes India as a ‘Union of States’.
• The Constitution opts for the British Parliamentary System of Government, combining cooperation between legislative and executive organs.
• Features of the parliamentary system include nominal and real executives, majority party rule, collective responsibility of the executive to the legislature, and the dissolution of the lower House.
• The Indian Parliament is not a sovereign body like the British Parliament, and the Indian State has an elected head.
• The Indian parliamentary system differs from the British system, with a narrower judicial review power than the US.

Integrated and Independent Judiciary:

• Single system of courts enforces both central and state laws.
• In contrast, state courts in the United States implement state laws, while federal courts enforce federal laws.

Fundamental Rights:

• Act as limitations on executive and arbitrary laws.
• Justiciable and enforceable by courts.
• Suspended during the operation of a National Emergency except rights guaranteed by Articles 20 and 21.

Directive Principles of State Policy:

• Classified into socialistic, Gandhian, and liberal intellectual categories.
• Promote social and economic democracy and seek to establish a ‘welfare state’.
• The Constitution declares these principles as fundamental in the governance of the country.

Fundamental Duties:

• Added 42nd CAA of 1976 and 86th CAA of 2002.

Secular State:

• The Constitution stands for a Secular State, not upholding any particular religion as the official religion.
• The 42nd Constitutional Amendment Act of 1976 added the word “secular” to the Indian Constitution’s Preamble.

Universal Adult Franchise:

• Every citizen has the right to vote without discrimination of caste, race, religion, sex, literacy, wealth.

Single Citizenship:

• Provides for only one citizenship, the Indian citizenship.

Independent Bodies:

• The Election Commission ensures free and fair elections.
• Comptroller and Auditor-General of India audits the accounts of the Central and state governments.
• Union Public Service Commission conducts examinations for recruitment to all-India services and higher Central services.