Salient Features of Indian Constitution and Basic Structure

The Constitution of India is the cornerstone of Indian democracy. It lays out the framework for political principles, procedures, powers, and duties of the government. It also defines the fundamental rights and duties of citizens. Drafted by the Constituent Assembly under the leadership of Dr. B.R. Ambedkar, the Constitution came into force on January 26, 1950. It is the longest written Constitution in the world and contains unique features that distinguish it from other constitutions.

Salient Features of the Indian Constitution:

1. Lengthiest Written Constitution

India’s Constitution originally had 395 Articles, 22 Parts, and 8 Schedules, and now has 470+ Articles, 25 Parts, and 12 Schedules. It is comprehensive because it incorporates detailed governance provisions for the Union and the states, Fundamental Rights, Directive Principles, emergency provisions, and more.

2. Blend of Rigidity and Flexibility

The Constitution is neither completely rigid like the U.S. Constitution nor completely flexible like the British Constitution. Some provisions can be amended by a simple majority, others require a special majority, and some require ratification by half of the state legislatures. This balance allows stability and adaptability.

3. Federal System with Unitary Bias

India is described as a “Union of States”, not a federation of states. While power is divided between the Centre and States, the Centre has more authority, especially during emergencies. The Constitution ensures unity and integrity of the nation through a strong central government.

4. Parliamentary System of Government

India adopted the Parliamentary system based on the British model, where the executive is responsible to the legislature. The President is the constitutional head, while the Prime Minister is the real executive head. At the state level, the Governor is the nominal head, and the Chief Minister holds real power.

5. Secular State

India is a secular country, meaning it has no official religion. The State treats all religions with equal respect and does not favor or discriminate against any religion. The word “Secular” was added to the Preamble by the 42nd Amendment, 1976.

6. Single Citizenship

Unlike federal countries like the USA, India provides for single citizenship. Every Indian, irrespective of the state or union territory, is recognized as a citizen of India with equal rights throughout the territory.

7. Independent and Integrated Judiciary

India has an independent judiciary headed by the Supreme Court. Below it are High Courts and Subordinate Courts. The judiciary has the power of judicial review and acts as the guardian of the Constitution.

8. Fundamental Rights

Part III of the Constitution guarantees Fundamental Rights to all citizens—such as the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. These are enforceable in courts and form the bedrock of Indian democracy.

9. Directive Principles of State Policy (DPSPs)

Part IV of the Constitution contains DPSPs, which are guidelines for the government to ensure social and economic justice. Though not enforceable by law, they are considered fundamental in the governance of the country.

10. Universal Adult Franchise

The Constitution provides for universal adult suffrage, allowing every citizen of India aged 18 or above the right to vote, regardless of caste, religion, gender, or education. This ensures political equality.

11. Emergency Provisions

India’s Constitution has special provisions to deal with national emergencies (Article 352), state emergencies (President’s Rule – Article 356), and financial emergencies (Article 360). These ensure that the country can be governed effectively during crises.

12. Constitution Drawn from Multiple Sources

The Indian Constitution is a blend of features from different constitutions, such as:

• British Constitution: Parliamentary system, rule of law.

• U.S. Constitution: Fundamental rights, judicial review.

• Irish Constitution: Directive Principles.

• Canadian Constitution: Federation with a strong center.

Basic Structure of the Constitution:

The concept of “Basic Structure” was laid down by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court ruled that while Parliament has the power to amend the Constitution, it cannot alter or destroy its basic structure.

Key Elements of the Basic Structure Doctrine

Although the Supreme Court has not provided an exhaustive list, the following features are considered part of the basic structure:

1. Supremacy of the Constitution

2. Sovereign, Democratic, and Republic nature of the Indian polity

3. Secularism

4. Separation of Powers between Legislature, Executive, and Judiciary

5. Federal character of the Constitution

6. Unity and integrity of the nation

7. Judicial review

8. Free and fair elections

9. Rule of law

10. Independence of the judiciary

11. Parliamentary form of government

12. Dignity of the individual and harmony between Fundamental Rights and DPSPs

Importance of the Basic Structure Doctrine:

• Acts as a safeguard against misuse of constitutional amendment powers.

• Preserves the spirit and identity of the Constitution.

• Protects fundamental democratic values from being altered by transient political majorities.