1. Conceptual Clarity

Why This Topic Matters for UPSC

This topic forms the structural backbone of Indian Polity. UPSC regularly tests identification of borrowed features, numerical facts (number of articles, schedules, amendments), and the "quasi-federal" debate. Mains 2013, 2015, 2018, and 2023 all had direct or indirect questions on this theme.

What UPSC Asks

Prelims: Source country for a specific provision (e.g., DPSP from Ireland), number of schedules, articles, which amendment added Fundamental Duties, etc.
Mains GS-II: "Discuss the salient features of the Indian Constitution." / "Is India's constitution truly federal?" / "Critically examine the sources of the Indian Constitution."
Essay: "The Indian Constitution is a unique document — it is neither purely federal nor purely unitary."

Remember: The Constituent Assembly took 2 years, 11 months and 18 days (9 Dec 1946 – 26 Nov 1949) to draft the Constitution. It came into force on 26 January 1950.

2. Salient Features of the Indian Constitution

The Indian Constitution is remarkable for both its comprehensiveness and its adaptability. Below are the key features that UPSC expects you to explain and analyse.

1. Lengthiest Written Constitution

Originally the Constitution had 395 articles, 8 schedules, and 22 parts. Due to numerous amendments, it now contains approximately 470 articles, 12 schedules, and 25 parts. It is the lengthiest written constitution of any sovereign nation in the world.

Reason for length: Single constitution for both Centre and States; incorporation of provisions from GoI Act 1935; detailed administrative provisions; diversity of India requiring elaborate provisions.

2. Drawn from Various Sources

The framers studied over 60 constitutions of the world. The single largest source is the Government of India Act, 1935 (~250 provisions). The rest were drawn from the USA, UK, Ireland, Canada, Australia, Germany, South Africa, USSR, Japan, and France. (See Section 3 for the full sources table.)

3. Blend of Rigidity and Flexibility

The Constitution can be amended by different procedures depending on the nature of the provision:

Simple majority of Parliament — Admission of new states, creation of new states, etc.
Special majority (2/3rd of members present and voting + majority of total membership) — Most provisions under Article 368.
Special majority + ratification by half the states — Federal provisions: election of President, extent of executive power of Union/States, SC/HC, distribution of legislative powers, representation in Parliament, etc.

K.C. Wheare: Called India's amendment procedure "neither purely rigid nor purely flexible" — a middle path.

4. Federal System with Unitary Bias (Quasi-Federal)

The Indian Constitution establishes a federal structure (dual polity, division of powers, written constitution, supremacy of constitution, independent judiciary, bicameralism) but has strong unitary features. K.C. Wheare described it as "quasi-federal"; Granville Austin called it "cooperative federalism"; D.D. Basu called it "neither purely federal nor purely unitary."

5. Parliamentary Form of Government

India follows the Westminster model of parliamentary democracy (borrowed from UK). The executive is responsible to the legislature. The President is the nominal executive; the Prime Minister and Council of Ministers form the real executive. The PM must command majority in the Lok Sabha.

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

Unlike the UK (parliamentary sovereignty) or USA (judicial supremacy), India combines both. Parliament is supreme in its legislative domain, but the Supreme Court has the power of judicial review to strike down laws violating the Constitution. The Basic Structure Doctrine (Kesavananda Bharati, 1973) further limits Parliament's amendment power.

7. Integrated and Independent Judiciary

India has a single integrated judicial system — the Supreme Court at the apex, followed by High Courts, and subordinate courts. The judiciary is independent of the executive and legislature. Judges are appointed by a collegium-based system, and removal requires impeachment by Parliament.

8. Fundamental Rights (Part III, Articles 12–35)

Originally 7 categories; currently 6 Fundamental Rights (Right to Property removed as FR by 44th Amendment, 1978 — now a constitutional/legal right under Art. 300A):

Right to Equality (Arts 14–18)

Equality before law, prohibition of discrimination, equality of opportunity, abolition of untouchability, abolition of titles.

Right to Freedom (Arts 19–22)

6 freedoms under Art. 19, protection against arbitrary arrest (Arts 20–22).

Right against Exploitation (Arts 23–24)

Prohibition of traffic in human beings, forced labour, and child labour.

Right to Freedom of Religion (Arts 25–28)

Freedom of conscience, right to manage religious affairs, freedom from religious instruction in state-aided schools.

Cultural & Educational Rights (Arts 29–30)

Protection of interests of minorities, right of minorities to establish and administer educational institutions.

Right to Constitutional Remedies (Art 32)

Dr Ambedkar called this the "heart and soul" of the Constitution. Five writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto.

9. Directive Principles of State Policy (Part IV, Arts 36–51)

Borrowed from the Irish Constitution. Non-justiciable but fundamental to governance. The Supreme Court held in Minerva Mills (1980) that FRs and DPSPs are complementary and must be harmonised. DPSPs represent the socio-economic ideals of the Constitution.

10. Fundamental Duties (Part IVA, Art 51A)

Added by the 42nd Amendment, 1976 on the recommendation of the Swaran Singh Committee. Originally 10 duties; an 11th duty (duty of parents to provide education to children aged 6–14) was added by the 86th Amendment, 2002. Borrowed from the Soviet (USSR) Constitution.

11. Secular State

The word "Secular" was added to the Preamble by the 42nd Amendment, 1976. India follows "positive secularism" — the state treats all religions equally, neither favouring nor opposing any. Religious freedom is guaranteed under Arts 25–28.

12. Universal Adult Franchise

Article 326 provides for elections on the basis of adult suffrage. Originally the voting age was 21 years. The 61st Amendment, 1988 reduced it to 18 years. No discrimination on grounds of religion, race, caste, sex, etc.

13. Single Citizenship

Despite its federal structure, India (like UK) provides only one citizenship — Indian citizenship. There is no separate state citizenship. This promotes national integration.

14. Independent Constitutional Bodies

The Constitution provides for autonomous bodies insulated from executive interference: Election Commission (Art 324), Comptroller and Auditor General (Art 148), Union Public Service Commission (Art 315), Finance Commission, National Commissions, etc.

15. Emergency Provisions

Three types of emergencies: National Emergency (Art 352) — external aggression/armed rebellion; President's Rule (Art 356) — failure of constitutional machinery in a state; Financial Emergency (Art 360) — threat to financial stability. These shift the federal balance towards the Centre.

16. Three-Tier Government (73rd & 74th Amendments, 1992)

The 73rd Amendment gave constitutional status to Panchayati Raj Institutions (rural local government) and the 74th Amendment to Urban Local Bodies. Added Part IX (Arts 243–243O) and Part IX-A (Arts 243P–243ZG), making local government the third tier of government.

3. Sources of the Indian Constitution

The Constituent Assembly studied constitutions from across the world. The table below summarises all major sources examined in UPSC.

Country / Source	Features Borrowed
Government of India Act, 1935	Federal scheme; Emergency provisions; Public Service Commissions; Judiciary structure; Administrative details (~250 provisions form the structural backbone)
United Kingdom	Parliamentary system of government; Cabinet system; PM's role; Bicameralism; Single citizenship; Rule of Law; Writs; Legislative privileges; Lawmaking procedure
United States of America	Fundamental Rights; Preamble; Judicial review; Independence of judiciary; Impeachment of President; Removal of SC/HC judges; Post of Vice-President; Equal protection clause
Ireland	Directive Principles of State Policy (DPSP); Nomination of members to Rajya Sabha (Art 80 — 12 members nominated by President); Method of election of President (proportional representation via single transferable vote)
Canada	Quasi-federal features; Residuary powers vested in Centre; Advisory jurisdiction of Supreme Court; Federation with a strong Centre; Appointment of State governors by Centre
Australia	Concurrent List; Joint sitting of Parliament (Art 108); Freedom of trade, commerce and intercourse; Language of the preamble
Germany (Weimar Republic)	Suspension of Fundamental Rights during Emergency; Emergency provisions that affect fundamental rights
South Africa	Procedure for amendment of the Constitution (Art 368 — special majority required); Election of members of Rajya Sabha
USSR (Soviet Union)	Fundamental Duties (Art 51A); Ideals of social, economic and political justice in the Preamble; Planned economic development (Five-Year Plans concept)
Japan	"Procedure established by law" (Art 21 — the phrase used instead of US "due process of law"); Basis for procedure in deprivation of life or personal liberty
France	Concept of Republic; Ideals of Liberty, Equality and Fraternity in the Preamble; Republic and elected executive

Mnemonic — "GUISCAFJSUK": GoI Act 1935, USA, Ireland, South Africa, Canada, Australia, France, Japan, Soviet Union, UK — the 10 key sources. Practice matching each to its features.

Fig 2.1 — Sources of the Indian Constitution: Features borrowed from different countries

The Government of India Act, 1935 — The Dominant Source

About 250 of the original 395 articles were derived directly or with modification from the GoI Act, 1935. Key provisions include:

Federal structure with a strong Centre
Separate legislative lists (Union, State, Concurrent)
Emergency provisions (though the 1935 Act's emergency was far more autocratic)
Public Service Commissions at Centre and State levels
Structure of the High Courts
Provisions relating to the Governor's office

Criticism by Dr Ambedkar: "Our constitution is a carbon copy of the Government of India Act, 1935." This is an exaggeration — the philosophical underpinning (FRs, DPSPs, universal franchise, parliamentary democracy) was entirely new.

4. Comparison: Indian vs US Constitution

Feature	India	USA
Type of Constitution	Written, longest in the world	Written, shortest (7 original Articles)
Government System	Parliamentary (Westminster model)	Presidential
Head of State	President (nominal executive)	President (real executive)
Executive Accountability	Council of Ministers accountable to Lok Sabha	President not accountable to Congress
Judiciary	Integrated single judiciary	Dual judiciary (federal + state)
Citizenship	Single citizenship	Dual citizenship (state + federal)
Residuary Powers	With Centre (Art 248)	With States (10th Amendment)
Amendment Procedure	Relatively flexible (Art 368)	Rigid (2/3 Congress + 3/4 states)
Bill of Rights / FRs	Part III — justified limitations	First 10 amendments — near-absolute
Federalism	Quasi-federal (unitary bias)	Classic federal (centrifugal tendency)

Fig 2.3 — India vs USA: Key constitutional differences

5. Comparison: Indian vs UK Constitution

Feature	India	United Kingdom
Type of Constitution	Written and codified	Unwritten — conventions, statutes, common law
Parliamentary Sovereignty	Limited by Constitution and judicial review	Parliament is supreme (no written limit)
Judicial Review	Yes — courts can strike down laws	No traditional judicial review of primary legislation
Head of State	Elected President	Hereditary Monarch
Citizenship	Single citizenship	Single citizenship
Rule of Law	Yes (borrowed from Dicey's concept)	Dicey's Rule of Law originated here
Federalism	Federal (with unitary bias)	Unitary state (devolution, not federalism)
Bill of Rights	Fundamental Rights (Part III)	Human Rights Act 1998 (not entrenched)
Cabinet System	PM and Council accountable to Lok Sabha	PM and Cabinet accountable to House of Commons

6. Quasi-Federal Nature of the Indian Constitution

The debate on whether India is "truly federal" is a perennial UPSC Mains topic. The answer lies in recognising that India has federal features in ordinary times but unitary features in emergencies and constitutional design.

Features of Federalism in the Indian Constitution

Written and supreme Constitution (Art 13)
Division of powers between Union and States (7th Schedule — Union List, State List, Concurrent List)
Independent judiciary with power of judicial review
Bicameral Parliament (Lok Sabha + Rajya Sabha)
Rigidity of constitutional amendment for federal provisions
Separate executive for Centre and States

Features of Unitarism (Unitary Bias) in the Indian Constitution

Strong Centre: Union List has more subjects (100 vs 61 in State List); residuary powers with Centre (Art 248)
Single Constitution: Unlike USA/Australia, states do not have their own constitutions
Single citizenship (unlike USA with dual citizenship)
Flexibility of Constitution: Centre can reorganise states (Art 3) without their consent
Integrated judiciary: Single hierarchy of courts applies both central and state laws
All-India Services: IAS, IPS — recruited by Centre, but serve in states
Appointment of Governors: Governors appointed by President and act as agents of Centre
Emergency provisions: National Emergency (Art 352), President's Rule (Art 356) and Financial Emergency (Art 360) severely curtail state autonomy
Parliament's power to legislate on State List: In national interest (Art 249), during Emergency, and for implementation of international treaties (Art 253)

K.C. Wheare's View: "The constitution of India is only quasi-federal." He defined "federal" as one where there is co-ordinate authority between Centre and States with neither subordinate to the other. India fails this test because of the Centre's overriding powers.

Granville Austin's View: Called the Indian Constitution a "cooperative federalism" where both levels of government work together, especially on socio-economic development, rather than being in permanent competition.

Sarkaria Commission (1983): Appointed to review Centre-State relations. Recommended restoration of balance and cooperative federalism. Its recommendations shaped debates on federalism and the Punchhi Commission (2007) further revisited these issues.

Fig 2.2 — India's Quasi-Federal Structure: Federal features vs Unitary tilts

Relevant Supreme Court Cases

State of West Bengal v. Union of India (1963): SC held India is not a "true federation" — Parliament can legislate on state subjects in national interest.
Kesavananda Bharati v. State of Kerala (1973): "Federal character of the Constitution" is part of the basic structure and cannot be destroyed even by constitutional amendment.
S.R. Bommai v. Union of India (1994): Curbed misuse of Art. 356; held federalism is a basic feature of the Constitution.

7. Prelims PYQs

Prelims 2022

Q: Which of the following provisions were borrowed by India from the Constitution of Australia?
(1) Concurrent List (2) Joint sitting of Parliament (3) Freedom of trade and commerce
Ans: All three — Concurrent List, joint sitting of Parliament (Art 108), and freedom of trade/commerce were borrowed from Australia.

Prelims 2020

Q: The concept of "Judicial Review" in the Indian Constitution has been borrowed from which country?
Ans: United States of America.

Prelims 2019

Q: The "procedure established by law" principle used in Article 21 of the Indian Constitution was borrowed from which country's constitution?
Ans: Japan. (India deliberately chose "procedure established by law" over the American "due process of law" to prevent courts from striking down social legislation on grounds of unreasonableness.)

Prelims 2018

Q: With reference to the Indian Constitution, which one of the following pairs is correctly matched?
Option C: Directive Principles of State Policy — Constitution of Ireland
Ans: DPSP was borrowed from the Irish Constitution (Directive Principles of Social Policy in the Irish Constitution of 1937).

Prelims 2017

Q: The method of election of the President of India was borrowed from which country?
Ans: Ireland — proportional representation via single transferable vote.

Prelims 2015

Q: The provisions of the Indian Constitution related to "Fundamental Duties" were added by which amendment?
Ans: 42nd Amendment, 1976 (on the recommendation of the Swaran Singh Committee). The 11th duty was added by the 86th Amendment, 2002.

Prelims 2013

Q: Universal Adult Franchise in India was provided for under which article of the Constitution, and the voting age was reduced to 18 years by which amendment?
Ans: Article 326; 61st Constitutional Amendment Act, 1988.

8. Mains PYQs

Mains GS-II 2023

Q: "The Indian Constitution is not merely a legal document but a social document." Elaborate. (150 words)
Approach: Social document aspects — DPSP (socioeconomic justice), Fundamental Rights (equality, dignity), Preamble values (justice, liberty, equality, fraternity), special provisions for SC/ST/OBCs, Fundamental Duties. Link to Dr Ambedkar's vision of a transformative constitution.

Mains GS-II 2015

Q: "India is a quasi-federal state." Comment. (150 words)
Approach: Explain K.C. Wheare's definition → list federal features → list unitary features → cite S.R. Bommai case → conclude with Granville Austin's "cooperative federalism" as a more accurate description for modern India.

Mains GS-II 2013

Q: Discuss the salient features of the Indian Constitution that make it unique among the constitutions of the world. (200 words)
Approach: Cover: lengthiest written constitution; synthesis of rigidity and flexibility; quasi-federal nature; FRs + DPSPs; parliamentary system with presidential features; secular democratic republic; universal franchise; independent judiciary; emergency provisions.

9. 15-Minute Revision Box

Key Numbers to Remember

Original articles: 395 | Current articles: ~470
Original schedules: 8 | Current schedules: 12
Original parts: 22 | Current parts: 25
GoI Act provisions borrowed: ~250
Fundamental Rights categories: 6 (originally 7; Right to Property removed by 44th Amendment, 1978)
Fundamental Duties: 11 (10 added by 42nd Amendment 1976; 11th by 86th Amendment 2002)
Voting age reduced to 18: 61st Amendment, 1988
"Secular" + "Socialist" in Preamble: 42nd Amendment, 1976

Sources — Quick Recall

Country	Key Feature
USA	FRs, Preamble, Judicial Review, Impeachment
UK	Parliamentary system, Cabinet, PM, Rule of Law, Single citizenship
Ireland	DPSP, RS nominations, President's election method
Canada	Quasi-federal, Residuary with Centre, Advisory jurisdiction of SC
Australia	Concurrent List, Joint sitting, Freedom of trade
Germany	Suspension of FRs during Emergency
South Africa	Amendment procedure, RS election
USSR	Fundamental Duties, Justice ideals in Preamble
Japan	Procedure established by law
France	Republic, Liberty-Equality-Fraternity

Must-Know Quotes

K.C. Wheare: "Quasi-federal" (co-ordinate principle fails — Centre dominates)
Granville Austin: "Cooperative federalism" / "First and foremost a social document"
Dr Ambedkar (on Art 32): "Heart and soul of the Constitution"
Ivor Jennings: "The constitution was copied from the Government of India Act, 1935 with modifications."
Kesavananda Bharati (1973): Federal character = Basic Structure, cannot be amended away

Country	Borrowed
GoI Act 1935	~250 provisions, federal scheme
UK	Parliamentary system, PM, Cabinet
USA	FRs, Judicial Review, Preamble
Ireland	DPSP, RS nominations
Canada	Quasi-federal, Residuary powers
Australia	Concurrent List, Joint sitting
Germany	Emergency suspension of FRs
S. Africa	Amendment procedure
USSR	Fundamental Duties
Japan	Procedure established by law
France	Republic, Liberty-Equality-Fraternity

Parameter	Original	Current
Articles	395	~470
Schedules	8	12
Parts	22	25
Fundamental Rights	7	6
Fundamental Duties	—	11
Amendments	—	106+

Topic 02: Salient Features & Sources of the Indian Constitution

Contents

1. Conceptual Clarity

Why This Topic Matters for UPSC

What UPSC Asks

2. Salient Features of the Indian Constitution

1. Lengthiest Written Constitution

2. Drawn from Various Sources

3. Blend of Rigidity and Flexibility

4. Federal System with Unitary Bias (Quasi-Federal)

5. Parliamentary Form of Government

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

7. Integrated and Independent Judiciary

8. Fundamental Rights (Part III, Articles 12–35)

Right to Equality (Arts 14–18)

Right to Freedom (Arts 19–22)

Right against Exploitation (Arts 23–24)

Right to Freedom of Religion (Arts 25–28)

Cultural & Educational Rights (Arts 29–30)

Right to Constitutional Remedies (Art 32)

9. Directive Principles of State Policy (Part IV, Arts 36–51)

10. Fundamental Duties (Part IVA, Art 51A)

11. Secular State

12. Universal Adult Franchise

13. Single Citizenship

14. Independent Constitutional Bodies

15. Emergency Provisions

16. Three-Tier Government (73rd & 74th Amendments, 1992)

3. Sources of the Indian Constitution

The Government of India Act, 1935 — The Dominant Source

4. Comparison: Indian vs US Constitution

5. Comparison: Indian vs UK Constitution

6. Quasi-Federal Nature of the Indian Constitution

Features of Federalism in the Indian Constitution

Features of Unitarism (Unitary Bias) in the Indian Constitution

Relevant Supreme Court Cases

7. Prelims PYQs

8. Mains PYQs

9. 15-Minute Revision Box

Key Numbers to Remember

Sources — Quick Recall

Must-Know Quotes