Topic 02: Salient Features & Sources of the Indian Constitution
A thorough analysis of what makes the Indian Constitution unique — its structural features, the global sources it borrowed from, its quasi-federal character, and a comparative lens with US and UK constitutions. High-yield for Prelims and Mains GS-II.
Contents
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."
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.
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.
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 |
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
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) |
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)
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
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.
Q: The concept of "Judicial Review" in the Indian Constitution has been borrowed from which country?
Ans: United States of America.
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.)
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).
Q: The method of election of the President of India was borrowed from which country?
Ans: Ireland — proportional representation via single transferable vote.
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.
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
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.
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.
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