The Constitution of India stands out as a unique document, both in its spirit and content. While it draws inspiration from various global constitutions, it has evolved into a distinctive and dynamic legal framework tailored to India’s diverse needs.
Lengthiest Written Constitution in the World
The Constitution of India holds the distinction of being the lengthiest written Constitution among all sovereign nations.
Reasons for Its Enormous Size:
Geographical diversity: India’s vast area and regional differences required detailed and inclusive provisions.
Historical inheritance: The Constitution drew heavily from the Government of India Act, 1935, which was itself lengthy and detailed.
Single Constitution for Union and States: Unlike federal countries like the USA which have separate constitutions for states, India follows a single constitutional structure for both levels of government.
Influence of legal experts: The Constituent Assembly had many lawyers and constitutional experts who contributed to the Constitution’s comprehensive nature.
Drawn From Various Sources
The Constitution of India is a remarkable document enriched by the wisdom of various constitutional traditions from around the world. It has borrowed many of its provisions from the constitutions of other countries and from historical laws, especially the Government of India Act of 1935.
The structural framework of the Indian Constitution is largely based on the Government of India Act of 1935. Its philosophical foundations—comprising the Fundamental Rights and the Directive Principles of State Policy—are inspired by the American and Irish Constitutions, respectively. The political aspects, including the Cabinet system and the relationship between the Executive and the Legislature, are primarily influenced by the British Constitution.
Sources of the Constitution:
Government of India Act of 1935
Federal Scheme
Office of governor
Judiciary
Public Service Commissions
Emergency provisions
Administrative details
United Kingdom
Parliamentary system of government
Rule of law
Legislative procedures
Single citizenship
Cabinet system,
Perogative writs
Parliamentary privileges
Bicameralism
United States of America
Fundamental Rights
Independence of the judiciary
Judicial review
Impeachment of the President
Removal of Supreme Court and high court judges
Post of vice- president.
Ireland
Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president.
Canada
Federal structure with a strong centre
Appointment of Governors
Australia
Concurrent List
Freedom of trade, commerce and intercourse
France
Ideals of liberty, equality, and fraternity
USSR (now Russia)
Fundamental duties and the ideal of justice (social, economic and political) in the Preamble.
Japan
Procedure established by law
South Africa
Amendment procedure of the Constitution and election of members of Rajya Sabha
Blend of Rigidity and Flexibility
The Constitution of India achieves a fine balance between rigidity and flexibility, unlike the extreme models of either the American Constitution (rigid) or the British Constitution (flexible).
What Makes It Rigid?
Certain provisions require a special procedure for amendment under Article 368, which includes:
Special majority of Parliament: Two-thirds majority of members present and voting, and a majority of the total membership of each House.
Special majority + ratification by states: In some cases, in addition to the special majority, ratification by at least half of the state legislatures is also required.
Examples: Election of the President, powers of the Union and states, Supreme Court and High Courts, etc.
What Makes It Flexible?
Certain provisions of the Constitution can be amended by a simple majority of Parliament, following the ordinary legislative procedure.
These amendments are not covered under Article 368.
Examples: Admission of new states, formation of new states, changes to the names and boundaries of existing states, salaries and allowances of the President, governors, and other officials.
Conclusion:
This dual mechanism ensures that the Constitution:
Is rigid enough to preserve its core values and foundational principles, and
Flexible enough to adapt to the changing needs of society and governance.
Hence, it is rightly said that the Indian Constitution is neither too rigid nor too flexible, but a harmonious blend of both.
Federal System with a Unitary Bias
The Indian Constitution exhibits all the essential features of a federation—namely, a dual polity with two levels of government, a clear division of powers, a written and supremacy of the Constitution, rigidity of Constitution, an independent judiciary, and a bicameral legislature.
However, it also incorporates several unitary or non-federal features, such as a strong Centre, a single Constitution for both the Union and the states, and the predominance of the Union in matters of legislation and administration.
Moreover,the Constitution does not use the term ‘Federation’. Instead, Article 1 describes India as a “Union of States,” which carries two key implications: first, the Indian Union is not the outcome of an agreement among the states; and second, no state possesses the right to secede from the Union.
Parliamentary Form of Government
The Constitution of India has opted for the British Parliamentary System of Government rather than the American Presidential System of Government.
The parliamentary system is based on the principle of co-operation and co-ordination between the legislative and executive organs, while the presidential system is based on the doctrine of separation of powers between the two organs.
Even though the Indian parliamentary system is largely based on the British pattern, there are some fundamental differences. For example:
The Indian Parliament is not a sovereign body like the British Parliament.
The Indian State has an elected head (republic) while the British State has a hereditary head (monarchy).
Synthesis of Parliamentary Sovereignty and Judicial Supremacy
The Indian Constitution represents a fine balance between the British tradition of parliamentary sovereignty and the American doctrine of judicial supremacy.
While the British Parliament is supreme, and the American Supreme Court enjoys wide powers of judicial review based on the concept of ‘due process of law’, the Indian model follows a middle path. Article 21 of the Indian Constitution uses the phrase ‘procedure established by law’, which limits the scope of judicial review compared to the US system.
Even so, the Supreme Court of India is empowered to strike down any parliamentary law that violates the Constitution. At the same time, Parliament retains the power to amend most provisions of the Constitution using its constituent powers under Article 368. This careful synthesis between legislative authority and judicial review ensures that both Parliament and the judiciary operate within constitutional boundaries.
Fundamental Rights in the Indian Constitution
Part III of the Indian Constitution enshrines Fundamental Rights to ensure the development of political democracy in the country. These rights act as safeguards against arbitrary state actions and are enforceable by courts.
List of Fundamental Rights
The Constitution guarantees six Fundamental Rights to all citizens:
Right to Equality (Articles 14–18)
Ensures equality before law and equal protection of laws.
Right to Freedom (Articles 19–22)
Covers freedoms like speech, movement, assembly, association, profession, and protection from arbitrary arrest.
Right Against Exploitation (Articles 23–24)
Prohibits human trafficking, forced labour, and child labour.
Right to Freedom of Religion (Articles 25–28)
Guarantees religious freedom.
Cultural and Educational Rights (Articles 29–30)
Protects interests of minorities in preserving culture and running educational institutions.
Right to Constitutional Remedies (Article 32)
Empowers citizens to directly approach the Supreme Court to enforce their Fundamental Rights.
Justiciability of Fundamental Rights
Citizens can directly approach the Supreme Court under Article 32 for enforcement.
The Court can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Nature and Limitations
These rights are not absolute; they are subject to reasonable restrictions in public interest.
They can be curtailed or repealed by a constitutional amendment.
During a National Emergency, all Fundamental Rights can be suspended except Articles 20 and 21.
Fundamental Rights are the cornerstone of Indian democracy, empowering individuals while maintaining a balance with public order and security.
Integrated and Independent Judiciary in India
India’s judicial system is both integrated and independent, ensuring the uniform application of law and the protection of constitutional values. This framework guarantees that justice is administered fairly, uniformly, and without external interference.
Integrated Judicial System
India follows a single judicial hierarchy unlike the US where federal and state courts exist separately.
The Supreme Court sits at the apex, followed by High Courts in each state, and then the subordinate courts (district and lower courts).
This single, integrated system of courts administers both central and state laws, unlike the United States, where federal laws are enforced by the federal judiciary and state laws by the state judiciary.
Supreme Court as the Apex Authority
The Supreme Court performs multiple critical roles:
Federal Court resolving Centre-State disputes.
Court of Appeal for all lower courts.
Guarantor of Fundamental Rights.
Guardian of the Constitution through judicial review.
Hence, to maintain its autonomy, the Constitution ensures:
Security of tenure for judges.
Fixed service conditions, not subject to executive discretion.
Salaries and allowances charged on the Consolidated Fund of India, keeping them free from Parliament’s annual vote.
No discussion on judge conduct in Parliament (except during impeachment).
Ban on post-retirement practice to prevent influence.
Power of contempt vested in the judiciary to maintain its authority.
Separation from the executive, ensuring no undue interference.
Conclusion
India’s integrated and independent judiciary is the backbone of constitutional democracy, ensuring both legal uniformity and institutional integrity. The system has been designed to deliver justice in a fair, impartial, and accessible manner.
Integrated and Independent Judiciary in India
Enshrined in Part IV (Articles 36 to 51) of the Constitution.
Aimed at transforming India into a welfare state by promoting social and economic democracy.
Classification of DPSPs
DPSPs are classified into three broad categories:
Socialistic Principles
Gandhian Principles
Liberal-Intellectual Principles
Nature and Significance
Non-Justiciable in Nature:
DPSPs are not legally enforceable by the courts, unlike Fundamental Rights.
Moral Obligation on the State:
The Constitution declares that these principles are “fundamental in the governance of the country”, making it the State’s duty to apply them in law-making.
Political Sanction:
Though courts cannot enforce them, public opinion serves as the primary force pushing for their implementation.
Judicial Recognition
In the Minerva Mills case (1980), the Supreme Court stated:
“The Indian Constitution is founded on the bedrock of the balance between Fundamental Rights and Directive Principles.”
This case reaffirmed that DPSPs and Fundamental Rights are complementary, and both must be harmoniously interpreted to uphold constitutional values.
Fundamental Duties
The original Constitution (1950) did not mention Fundamental Duties.
These were incorporated through the 42nd Constitutional Amendment Act, 1976, during the period of Internal Emergency (1975–77).
The amendment was based on the recommendations of the Swaran Singh Committee.
Later, the 86th Amendment Act, 2002, added one more duty, raising the total to eleven.
Article 51A – Constitutional Provision
Fundamental Duties are enumerated in Part IV-A under Article 51A of the Constitution.
These duties apply only to citizens, not to foreigners.
The duties cover a broad spectrum of civic responsibilities, including respect for national symbols, protection of national unity, and preservation of cultural heritage.
List of Key Fundamental Duties
Citizens are expected:
To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem.
To cherish and follow the noble ideals that inspired the freedom struggle.
To uphold and protect the sovereignty, unity and integrity of India.
To defend the country and render national service when required.
To promote harmony and the spirit of common brotherhood among all people of India, transcending religious, linguistic and regional diversities.
To value and preserve the rich heritage of India’s composite culture.
To protect and improve the natural environment including forests, lakes, rivers and wildlife.
To develop the scientific temper, humanism and the spirit of inquiry and reform.
To safeguard public property and abjure violence.
To strive towards excellence in all spheres of individual and collective activity.
To provide opportunities for education to children (added by the 86th Amendment Act, 2002).
Nature and Significance
Non-Justiciable in Nature: Like Directive Principles, Fundamental Duties are not enforceable by courts.
Moral and Civic Code: They act as a moral compass, reminding citizens that their duties complement their rights.
Their importance lies in building a responsible and ethically conscious citizenry, especially in a diverse democracy like India.
Secular State
The Constitution of India declares India to be a secular state, meaning it does not recognize or endorse any official religion. The state maintains an equidistant stance from all religions, ensuring equal treatment, tolerance, and protection for every faith.
The secular character of the Indian State is reflected in multiple articles and principles:
Preamble: The word ‘secular’ was inserted into the Preamble by the 42nd Constitutional Amendment Act of 1976, emphasizing liberty of belief, faith, and worship.
Article 14: Guarantees equality before the law and equal protection of the laws to all individuals, regardless of religion.
Article 15: Prohibits discrimination against any citizen on the grounds of religion.
Article 16: Assures equal opportunity in public employment irrespective of religious affiliation.
Article 25: Ensures freedom of conscience and the right to freely profess, practice, and propagate religion.
Article 26: Grants every religious denomination the right to manage its own religious affairs.
Article 27: Prohibits compelling any person to pay taxes for the promotion of a particular religion.
Article 28: Forbids religious instruction in government-run educational institutions.
Article 29: Secures the right of any section of citizens to conserve their distinct language, script, or culture.
Article 30: Grants minorities the right to establish and administer educational institutions of their choice.
Article 44: Encourages the State to work towards securing a Uniform Civil Code for all citizens, ensuring common personal laws irrespective of religion.
Indian vs. Western Concept of Secularism
The Western model (especially in countries like France or the USA) promotes a strict separation between religion and state.
In contrast, the Indian model of secularism is positive and inclusive, aiming to treat all religions equally and ensure freedom of belief and worship in a multi-religious society.
Abolition of Communal Representation
The Indian Constitution abolishes the system of communal representation, i.e., reserving seats in legislatures on the basis of religion.
However, it permits temporary reservation for Scheduled Castes and Scheduled Tribes to ensure adequate political representation, based on social and historical disadvantage—not religion.
Universal Adult Franchise in India
Constitutional Provision
The Constitution of India grants universal adult franchise as the foundation for elections to the Lok Sabha and the State Legislative Assemblies. It ensures that every citizen:
Who is 18 years or older (reduced from 21 years by the 61st Constitutional Amendment Act, 1988) is entitled to vote without discrimination based on caste, religion, race, sex, literacy, or economic status.
A Bold Democratic Step
At the time of independence, extending the right to vote to all adults was considered a courageous and revolutionary decision, given the:
Vast and diverse population
Widespread poverty
Deep-rooted social inequality
High levels of illiteracy
Despite these challenges, the Constitution-makers recognized the importance of inclusivity and democratic participation.
Significance and Impact
Universal adult franchise has had far-reaching effects on India’s democratic polity:
Broadens the base of democracy, allowing all citizens to be stakeholders in governance.
Promotes equality, by removing barriers of class, caste, gender, or education in political participation.
Empowers the weaker sections and gives voice to marginalized communities.
Strengthens national unity by ensuring everyone has an equal say in shaping the country’s future.
Encourages political awareness and nurtures a sense of responsibility among citizens.
Single Citizenship
Although India has a federal structure with a dual polity — the Union and the States — the Constitution provides for single citizenship for the entire country.
Every Indian is a citizen of India only, not of any particular state.
This concept is in contrast with countries like the USA, where individuals hold dual citizenship — both federal and state.
Implications of Single Citizenship
The principle of single citizenship ensures:
Uniformity of civil and political rights across all states.
No discrimination among citizens based on their place of birth or residence.
Freedom of movement and residence throughout the country.
Equal access to employment opportunities under the State.
Challenges in Realising the Ideal
Despite this constitutional ideal, India continues to grapple with:
Communal riots and religious tensions.
Caste-based discrimination and class conflicts.
Linguistic and ethnic tensions in various parts of the country.
These ongoing issues indicate that while single citizenship legally exists, the broader vision of a unified and harmonious nation still faces societal challenges.
Independent Bodies
The Indian Constitution, apart from establishing the legislative, executive, and judicial organs, also provides for certain independent bodies. These institutions act as pillars of democracy and play a crucial role in maintaining the impartiality, transparency, and accountability of governance.
Election Commission of India (ECI)
Ensures free and fair elections to:
Parliament
State Legislatures
Office of the President
Office of the Vice-President
Upholds the integrity of India’s electoral process.
Comptroller and Auditor-General of India (CAG)
Audits accounts of both the Central and State Governments.
Acts as the guardian of the public purse.
Comments on the legality, propriety, and economy of government expenditure.
Union Public Service Commission (UPSC)
Conducts examinations for recruitment to:
All-India Services (e.g., IAS, IPS)
Central Services (Group A & B)
Advises the President on disciplinary and service matters.
State Public Service Commissions (SPSCs)
Present in every state to conduct exams for state civil services.
Advise the Governor on recruitment and disciplinary issues.
Safeguards for Independence
The Constitution provides several guarantees to preserve the autonomy and impartial functioning of these bodies:
Security of tenure for members.
Fixed service conditions protected by law.
Salaries and expenses charged on the Consolidated Fund of India (or respective State).
Protection from arbitrary removal or political interference.
Emergency Provisions
The Indian Constitution provides for detailed emergency provisions to enable the President to respond effectively to extraordinary situations. These are intended to preserve the sovereignty, unity, integrity, and security of the nation as well as uphold the democratic and constitutional framework.
Types of Emergencies
National Emergency (Article 352)
Can be proclaimed on grounds of:
War
External aggression
Armed rebellion
Implications:
Central government assumes sweeping powers.
Fundamental rights under Article 19 gets suspended.
The federal character of the Constitution is temporarily modified.
2. State Emergency (President’s Rule)
Can be proclaimed under:
Article 356: Failure of constitutional machinery in a state.
Article 365: Failure of a state to comply with directions from the Centre.
Implications:
State government is dismissed by the President.
The State Governor, on behalf of the President, carries on the State administration with the help of the Chief Secretary of the State or the advisors appointed by the President.
3. Financial Emergency (Article 360)
Can be proclaimed if the financial stability or credit of India is threatened.
Implications:
Salaries and allowances of public servants, including judges, can be reduced.
Union government can direct states on financial matters.
Federal to Unitary Shift
During any type of emergency, the Indian Constitution allows for a temporary transformation from a federal to a unitary system.
The Centre becomes all-powerful, overriding the autonomy of states.
This transformation occurs without the need for a formal constitutional amendment, making it a distinctive feature of Indian federalism.
Three-tier Government System in India
The Indian Constitution initially established a dual polity consisting of the Centre and the states. However, a significant evolution occurred with the 73rd and 74th Constitutional Amendment Acts of 1992, which introduced a third tier of governance — the local government.
Co-operative Societies
The 97th Constitutional Amendment Act of 2011 marked a major milestone by providing constitutional status and protection to co-operative societies in India. This move was aimed at strengthening democratic functioning and professional autonomy in the co-operative sector.
Key Changes made by 97th Constitutional Amendment Act of 2011:
Fundamental Right to Form Co-operatives
Article 19(1)(c) was amended to include the right to form co-operative societies as a fundamental right.
New Directive Principle – Article 43-B
Added to Part IV of the Constitution.
Directs the State to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
New Part IX-B: “The Co-operative Societies”
Articles 243-ZH to 243-ZT were added.
Lays down provisions for:
Election, composition, and term of co-operative society boards.
Audit and accountability mechanisms.
Reservation of seats for SCs, STs, and women.
Professionalisation and democratic functioning.
Legislative Powers
Parliament is empowered to make laws for multi-state co-operative societies.
State legislatures are empowered to make laws for co-operative societies operating within a state.
Criticism of the Indian Constitution
Despite being a visionary document, the Constitution of India has faced several criticisms, especially during and after its framing by the Constituent Assembly:
A Borrowed Constitution
Critics labeled it a “bag of borrowings” for adopting provisions from various foreign constitutions. However, Ambedkar defended this by stating that adaptation was necessary to suit Indian conditions.
A Carbon Copy of the 1935 Act
Many provisions were derived from the Government of India Act, 1935. Critics saw this as colonial continuity, but the framers emphasized that administrative details were pragmatically retained and democratically restructured.
Un-Indian or Anti-Indian
Some claimed it lacked Indian ethos and reflected Western ideals. However, the Constituent Assembly included diverse Indian voices and adapted global ideas to Indian realities.
An Un-Gandhian Document
The Constitution was criticized for not incorporating Gandhian ideals like village-centric governance. Still, Gandhi’s vision influenced the Directive Principles and the Panchayati Raj system introduced later.
Elephantine Size
The Constitution was called too bulky and detailed. However, this was necessary to address India’s vast diversity, complexity, and experience with colonial rule.
A Lawyer’s Paradise
Its legalistic language was seen as inaccessible to the common man. Yet, precision was essential to avoid ambiguities in a complex federal democracy.
