| FEATURES |
EXPLANATION |
| Lengthiest Written Constitution |
- Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules.
- Factors Underlying Elephantine Size: Vastness of the country and its diversity, Historical factors, Single Constitution for both Centre and states, and Dominance of legal luminaries in the Constituent Assembly.
- Presently, it consists of a Preamble, about 470 articles, and 12 schedules.
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| Drawn from various sources |
The Constitution of India has borrowed most of its provisions from the Constitutions of various other countries as well as from the Government of India Act of 1935. |
| Federal System with Unitary Bias |
- The term Federation has nowhere been used in the Constitution.
- Article 1 provides for India as a Union of States.
- Federal Feature: Two governments, division of powers, written Constitution, bicameralism, supremacy of Constitution, etc.
- Unitary/Non-federal Features: Strong center, single constitution, single citizenship, integrated judiciary, all-India services, emergency provisions.
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| Rigidity and Flexibility |
The Indian Constitution is neither rigid (like the USA) nor flexible (like Britain), but a blend of both. |
| Parliamentary form of Government |
- The Indian Constitution has preferred the British Parliamentary System (Westminster model) of government over the American Presidential System of government, where Executives remain responsible to the Parliament.
- The Constitution establishes the Parliamentary system at the Centre and also in the States.
- Features: Presence of nominal and real executives; Rule of the majority party; Leadership of the Prime Minister or the Chief Minister; Membership of the ministers in the legislature; Dissolution of the lower house (Lok Sabha).
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| Synthesis of Parliamentary Sovereignty and Judicial Supremacy |
- The sovereignty of Parliament is associated with the British Parliament.
- Judicial supremacy is associated with the American system.
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| Integrated and Independent Judiciary |
- The Supreme Court stands at the top of the integrated judicial system in the country, followed by High courts in states and subordinate courts and other lower courts.
- Supreme Court: Highest court of appeal; Guarantor of the fundamental rights of the citizens; Guardian of the constitution.
- India: A single system of courts enforces both the central laws as well as the state laws. Provides for ‘procedure established by law’ (Article 21).
- USA: Federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary. Provides for ‘due process of law’.
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| Fundamental Rights |
Meant for promoting the ideals of political democracy. Part III of the Constitution guarantees six Fundamental Rights to all citizens:
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right against Exploitation (Article 23-24)
- Right to Freedom of Religion (Article 25-28)
- Cultural and Educational Rights (Article 29-30)
- Right to Constitutional Remedies (Article 32)
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