Indian Polity — Salient Features of the Indian Constitution

Figure 1: The salient features of the Indian Constitution are frequently tested in UPSC Preliminary and Mains examinations.

1. Meaning of Constitution

The term 'Constitution' refers to a set of principles outlining the organisation and functioning of the government, as well as the relationship between the government and the people regarding their rights and duties.

Various Descriptions of the Constitution

• Fundamental law of the land
• Supreme law of the state
• Basic law of the country
• Instrument of the government
• Rules of the state
• Basic structure of the polity
• Ground norm of the country

KNOWLEDGE NUGGET

• The Constitution is the supreme legal document that governs the country.
• It establishes the framework for the organisation, powers, and functions of the government.
• It defines the relationship between the government and the citizens.

2. Features of the Indian Constitution

1. Lengthiest Written Constitution

• Initially (1949): Preamble, 395 Articles (22 Parts), and 8 Schedules.
• Currently: Approximately 470 Articles and 12 Schedules.
• Reasons for lengthiness:
  • Diversity and vastness of India
  • Historical factors
  • Legal expertise in the Constituent Assembly

2. Sources of Provisions

• Borrowed from various international constitutions and the Government of India Act, 1935.
• Structural part: Government of India Act, 1935.
• Philosophical part:
  • Fundamental Rights (FR): American Constitution
  • Directive Principles of State Policy (DPSP): Irish Constitution
• Political part: British Constitution.

📝 UPSC Previous Year Questions:

• UPSC Prelims 2018: The Directive Principles of State Policy (DPSP) are borrowed from the Irish Constitution. Answer: True.
• UPSC Prelims 2023: The philosophical part of the Indian Constitution is derived from the American and Irish Constitutions. Answer: True.

3. Federal System with Unitary Bias

• The term 'Federation' is not used in the Constitution.
• Article 1 designates India as a 'Union of States'.
• Federal Features:
  • Two governments (Centre and States)
  • Division of Powers (Union, State, Concurrent Lists)
  • Written Constitution
  • Bicameralism (Rajya Sabha and Lok Sabha)
  • Constitutional Supremacy
• Unitary Features:
  • Strong central authority
  • Single Citizenship
  • Integrated Judiciary
  • Emergency Provisions (Articles 352, 356, 360)
  • Common All-India Services

4. Rigidity and Flexibility

• Blends rigid (USA) and flexible (UK) characteristics in amendment processes.
• Some provisions can be amended by simple majority, others require special majority, and some require state ratification.

5. Parliamentary Form of Government

• Based on the British Westminster model.
• The executive is accountable to the Parliament.
• The President is the constitutional head of the executive.
• The Prime Minister is the de facto executive head.

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

• Parliamentary Sovereignty: Borrowed from the United Kingdom.
• Judicial Supremacy: Borrowed from the United States.
• The Supreme Court has the power of judicial review.
• The Basic Structure Doctrine (Kesavananda Bharati Case, 1973) limits Parliament's amending power.

7. Integrated and Independent Judiciary

• The Supreme Court is at the apex of the judicial system.
• Single judicial system enforcing both central and state laws.
• Ensures fundamental rights and acts as the guardian of the Constitution.
• The judiciary is independent of the executive and legislature.

8. Fundamental Rights

• Promotes political democracy.
• Enumerated in Part III (Articles 12-35).
• Six Fundamental Rights:
  • 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)
• Justiciable and enforceable by courts.

9. Directive Principles of State Policy (DPSP)

• Found in Part IV (Articles 36-51).
• Aimed at establishing social and economic democracy and a welfare state.
• Non-justiciable — not enforceable by courts.
• Classification:
  • Socialistic Principles (e.g., Article 39, 41, 43)
  • Gandhian Principles (e.g., Article 40, 43, 46)
  • Liberal-Intellectual Principles (e.g., Article 44, 48, 51)

10. Fundamental Duties

• Added by the 42nd Amendment Act, 1976.
• Enumerated in Part IV-A (Article 51-A).
• Specifies 11 duties of citizens.
• Non-justiciable in nature.

11. Secular State

• The term 'Secular' was added to the Preamble by the 42nd CAA, 1976.
• Promotes equal respect for all religions (Indian secularism).
• Differs from Western secularism which emphasises complete separation.
• Articles promoting secularism:
  • Preamble
  • Articles 14, 15, 16, 25-30, 44

12. Universal Adult Franchise

• Voting age was lowered to 18 years by the 61st CAA, 1989.
• Basis for elections in India.

13. Single Citizenship

• Citizens enjoy uniform political and civil rights throughout India.
• Unlike the USA, where there is dual citizenship (state and federal).

14. Independent Bodies

• Essential democratic institutions:
• Election Commission — Conducts free and fair elections.
• Comptroller and Auditor General (CAG) — Audits government accounts.
• Union and State Public Service Commissions — Conducts civil services examinations.

15. Emergency Provisions

• Ensure national sovereignty and security.
• Three types of emergencies:
  • National Emergency (Article 352)
  • State Emergency (Articles 356 and 365)
  • Financial Emergency (Article 360)
• During emergencies, the federal structure shifts to a unitary model.

16. Three-Tier Government

• Article 40: Promotes village panchayats.
• 73rd CAA, 1992: Recognises Panchayati Raj (Part IX).
• 74th CAA, 1992: Recognises Municipalities (Part IX-A).

17. Cooperative Societies

• 97th CAA, 2011: Grants constitutional status and protection to cooperative societies.
• Recognises the right to form cooperatives as a Fundamental Right (Article 19).
• New DPSP: Promotion of cooperative societies (Article 43B).
• Part IX-B: Dedicated to cooperative societies (Articles 243-ZH to 243-ZT).

3. Parts of the Indian Constitution

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

4. Schedules of the Indian Constitution

Schedule	Description	Related Articles
First Schedule	Lists the States and Union Territories along with their territories. Currently includes 28 States and 8 Union Territories.	Articles 1 and 4
Second Schedule	Outlines provisions for emoluments, allowances, and privileges for the President, Governors, Speaker and Deputy Speaker of Lok Sabha, Chairman and Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of Legislative Assembly, Chairman and Deputy Chairman of Legislative Council, Judges of Supreme Court and High Courts, and Comptroller and Auditor General of India.	Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219
Third Schedule	Provides forms of oaths or affirmations for Union and State Ministers, candidates for election to Parliament and State Legislature, Members of Parliament and State Legislature, Judges of Supreme Court and High Courts, and Comptroller and Auditor General of India. Oath (under God) vs Affirmation (non-religious).	Articles 75(4), 99, 124(6), 8(2), 164(3), 188, 219, 75, 84, 99, 124, 146, 173, 188, 219
Fourth Schedule	Details the number of seats allocated to each state and union territory in the Council of States (Rajya Sabha).	Articles 4(1) and 80(2)
Fifth Schedule	Provides for the administration of Scheduled Areas in certain states.	Article 244
Sixth Schedule	Focuses on administering Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram.	Articles 244(2) and 275(1)
Seventh Schedule	Contains three lists: Union List (national importance), State List (local subjects), Concurrent List (joint subjects). Parliament can legislate on residuary subjects; Union List prevails over State List and Concurrent List.	Article 246
Eighth Schedule	Lists 22 recognised languages: Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, Urdu. Amendments: Sindhi (21st CAA, 1967); Konkani, Manipuri, Nepali (71st CAA, 1992); Bodo, Dogri, Maithili, Santhali (92nd CAA, 2003); Oriya renamed Odia (96th CAA, 2011). [UPSC 2024]	Articles 344(1) and 351
Ninth Schedule	Contains Acts and Regulations (originally 13, now 282) dealing with land reforms and abolition of zamindari. Added by 1st Amendment (1951) under J.L. Nehru. Protected laws from judicial review. However, the Supreme Court ruled (I.R. Coelho Case) that laws included after April 24, 1973, are open to judicial review. [UPSC 2018, 2019]	Article 31B
Tenth Schedule	Contains provisions regarding disqualification on grounds of defection (Anti-defection Law). Added by the 52nd Amendment (1985).	Articles 102(2) and 191(2)
Eleventh Schedule	Added by the 73rd Amendment (1992), detailing powers, authority, and responsibilities of Panchayats. Contains 29 functional items: Agriculture, Land improvement, Implementation of land reforms, etc.	Article 243G
Twelfth Schedule	Added by the 74th Amendment (1992), outlining powers, authorities, and responsibilities of Municipalities. Contains 18 functional items: Urban planning, Regulation of land use, Planning for economic and social development, etc.	Article 243W

IMPORTANT: Oath vs Affirmation

An oath is a solemn promise made under the invocation of God, while an affirmation is a non-religious pledge made by individuals who choose not to invoke religious references. Both serve as formal commitments to uphold constitutional duties.

5. Order of Precedence — Republic of India

• The Order of Precedence is a protocol list maintained by the Ministry of Home Affairs.
• Functionaries and authorities are recorded by rank and office in the Government of India.
• It is meant for State and Ceremonial occasions and has no application in the day-to-day business of the Government.

Order of Precedence (Most Important Dignitaries)

• 1. President
• 2. Vice-President
• 3. Prime Minister
• 4. Governors of States (within their respective States)
• 5. Former Presidents
• 5A. Deputy Prime Minister
• 6. Chief Justice of India = Speaker of Lok Sabha
• 7. Cabinet Ministers of the Union = Chief Ministers of States (within their respective States) = Vice-Chairperson, NITI Aayog = Former Prime Ministers = Leaders of Opposition in Rajya Sabha and Lok Sabha
• 7A. Holders of Bharat Ratna
• 8. Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth countries accredited to India = Chief Ministers of States (outside their respective States) = Governors of States (outside their respective States)
• 9. Judges of the Supreme Court
• 9A. Chairperson of Union Public Service Commission = Chief Election Commissioner = Comptroller and Auditor General of India
• 10. Deputy Chairman of Rajya Sabha = Deputy Chief Ministers of States = Deputy Speaker of Lok Sabha = Members of the NITI Aayog = Ministers of State of the Union
• 11. Attorney General of India = Cabinet Secretary = Lieutenant Governors (within their respective Union Territories)

6. Amendment of the Constitution (Part XX: Article 368)

• Amending the Constitution is the process of making changes to the nation's fundamental law.
• The amendment feature is borrowed from the Constitution of South Africa.
• The procedure is neither flexible (Britain) nor rigid (USA); it is a synthesis of both.
• Parliament may amend the Constitution but cannot amend those provisions which form the basic structure of the Constitution (Kesavananda Bharati Case, 1973).
• Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976, respectively.

Constitutional Amendment Bill Procedure (Article 368): Key Points

• Introduction: Can be introduced in either house of Parliament by a minister or private member. No State legislature can introduce it. [UPSC 2013]
• President's Role: No prior permission required for introduction. [UPSC 2022]
• Majority Needed: Requires a special majority (50% total membership + 2/3 of members present & voting). [UPSC 2022]
• Passage: Both houses must pass it separately; no provision of joint sitting in case of disagreement.
• Amendment of Federal Provisions: Needs special majority + state ratification (half the states by simple majority). [UPSC 2013]
• President's Assent:
  • 24th Constitutional Amendment: Amended Article 368 to provide expressly that Parliament has the power to amend any provision of the Constitution. Made it obligatory for the President to give his assent. [UPSC 2022]
  • He can neither withhold his assent nor return the bill for reconsideration by the Parliament.
  • After the President's assent, the bill becomes an Act, and the Constitution stands amended.

Types of Majorities in Parliament

Type of Majority	Explanation
Simple Majority	Majority of the members present and voting. Not considered under Article 368. Example: Supreme Court (Number of Judges) Amendment Act, 2019.
Absolute Majority	Majority of the total membership of the House, regardless of vacancies or absent members.
Effective Majority	Majority of the effective strength of the House (Total Strength minus vacancies). Example: 'Removal of Chair of House.'
Special Majority (Article 249)	Majority of not less than 2/3 of the members present and voting.
Special Majority (Article 368)	Majority of the total membership (irrespective of vacancies/absentees) and by a majority of not less than 2/3 of members present and voting. Example: 103rd Amendment (10% reservation to EWS).
Special Majority (Article 61)	Majority of not less than 2/3 of the total membership of the House.
Special Majority of Parliament & Consent of States	Special majority + Ratification of half (50%) of the state legislatures by a simple majority. Most federal provisions are amended by this method. [UPSC 2013] Example: 101st Amendment (GST). Note: If some states take no action, it does not matter; the moment half the states give consent, the formality is completed. There is no time limit for states to give consent.

7. Summary: Salient Features at a Glance

Feature	Key Details
Lengthiest Constitution	Initially 395 Articles, 8 Schedules; currently ~470 Articles, 12 Schedules
Sources	Structural (GOI Act 1935), Philosophical (USA & Ireland), Political (UK)
Federal System	Federal features + Unitary bias (Article 1 — Union of States)
Parliamentary System	British Westminster model; executive accountable to Parliament
Fundamental Rights	Part III (Articles 12-35); Justiciable; 6 rights
DPSP	Part IV (Articles 36-51); Non-justiciable; Socialistic, Gandhian, Liberal
Fundamental Duties	Part IV-A (Article 51-A); Added by 42nd CAA, 1976; 11 duties
Secular State	Term added by 42nd CAA, 1976; Equal respect for all religions
Single Citizenship	Uniform rights throughout India (unlike USA)
Emergency Provisions	Articles 352, 356, 360; Federal → Unitary during emergencies
Cooperative Societies	97th CAA, 2011; Part IX-B; Article 43B; Fundamental Right (Article 19)

Key Takeaways for UPSC

• Lengthiest Constitution: Initially 395 Articles, now ~470 Articles
• Federal with Unitary Bias: Article 1 — Union of States
• Parliamentary System: Based on British Westminster model
• Fundamental Rights: Part III (Articles 12-35) — Justiciable
• DPSP: Part IV (Articles 36-51) — Non-justiciable
• Fundamental Duties: Part IV-A (Article 51-A) — Added by 42nd CAA, 1976
• Secular: Added to Preamble by 42nd CAA, 1976
• Basic Structure Doctrine: Kesavananda Bharati Case, 1973
• Amendment: Article 368 — Special majority + State ratification for federal provisions
• Cooperative Societies: 97th CAA, 2011 — Part IX-B
• Schedules: 12 Schedules; 8th Schedule has 22 languages; 9th Schedule added by 1st Amendment, 1951

High-Yield Interactive UPSC Quiz (Salient Features of the Indian Constitution)

Q1. The term 'Secular' was added to the Preamble of the Indian Constitution by which amendment?

Correct Answer: B. The term 'Secular' was added to the Preamble by the 42nd Amendment Act, 1976.

Q2. Which part of the Constitution deals with Fundamental Duties?

Correct Answer: C. Fundamental Duties are dealt with in Part IV-A (Article 51-A). They were added by the 42nd Amendment Act, 1976.

Q3. Which Schedule contains the Anti-Defection Law?

Correct Answer: C. The Tenth Schedule contains the Anti-Defection Law, added by the 52nd Amendment Act, 1985.

Q4. Article 1 of the Indian Constitution designates India as:

Correct Answer: C. Article 1 designates India as a "Union of States". The term 'Federation' is not used in the Constitution.

Q5. The voting age was lowered from 21 to 18 by which amendment?

Correct Answer: C. The voting age was lowered from 21 to 18 by the 61st Amendment Act, 1989.

Q6. Which Schedule was added by the 1st Amendment Act, 1951?

Correct Answer: C. The Ninth Schedule was added by the 1st Amendment Act, 1951, to protect land reform laws from judicial review.

Q7. The amendment procedure of the Indian Constitution is borrowed from which country?

Correct Answer: C. The amendment procedure of the Indian Constitution is borrowed from the Constitution of South Africa.

Q8. Which Constitutional amendment granted constitutional status to cooperative societies?

Correct Answer: C. The 97th CAA, 2011 granted constitutional status to cooperative societies and added Part IX-B to the Constitution.

Q9. Which Schedule lists the recognised languages of India?

Correct Answer: B. The Eighth Schedule lists the recognised languages of India. It currently contains 22 languages.

Q10. The 'Basic Structure Doctrine' was propounded by the Supreme Court in which landmark case?

Correct Answer: C. The 'Basic Structure Doctrine' was propounded by the Supreme Court in the Kesavananda Bharati Case, 1973. It limits Parliament's power to amend the Constitution.