Features of the Indian Constitution

The term ‘Constitution’, refers to a set of principles outlining the organisation and functioning of the government, as well as the relationship between the government and the people regarding their rights and duties. The Constitution is also described as the ‘Fundamental law of the land’, ‘Supreme law of the state’, ‘Basic law of the country’, ‘Instrument of the government’, ‘Rules of the state’, ‘Basic structure of the polity,’ and ‘Ground norm of the country’.

Features of the Indian Constitution

• Lengthiest Written Constitution: Initially, the Constitution (1949) had a Preamble, 395 Articles (22 Parts), and 8 Schedules. Currently consists of approximately 470 Articles and 12 Schedules.
• Size attributed to: Diversity and vastness of India, Historical factors and legal expertise in the Constituent Assembly.
• Sources of Provisions: Borrowed from various international constitutions and the Government of India Act, 1935.
• Structural part of the Constitution- Government of India Act, 1935.
• Philosophical part of the Constitution (FR and DPSPs)- American and Irish Constitution respectively.
• Political part of the constitution- British Constitution.
• Federal System with Unitary Bias: Term Federation not used; Article 1 designates India as a Union of States.
• Federal Features: Two governments, Division of Powers, written constitution, bicameralism, and constitution supremacy.
• Unitary Features: Strong central authority, single citizenship, integrated judiciary, and emergency provisions.
• Rigidity and Flexibility: Blends rigid (USA) and flexible (UK) characteristics in amendment processes.
• Parliamentary Form of Government: Based on the British Westminster model; executives are accountable to Parliament.
• Synthesis of Parliamentary Sovereignty and Judicial Supremacy: Parliamentary sovereignty from the UK; Judicial supremacy from the USA.
• Integrated and Independent Judiciary: The Supreme Court at the apex, ensures fundamental rights and constitutional guardianship. Single judicial system enforcing both central and state laws.
• Fundamental Rights: Promotes political democracy through six rights:
• Right to Equality (Articles 14-18)
• Right to Freedom (Articles 19-22)
• Right against Exploitation (Articles 23-24)
• Right to Freedom of Religion (Articles 25-28)
• Cultural and Educational Rights (Articles 29-30)
• Right to Constitutional Remedies (Article 32)
• Directive Principles of State Policy: Found in Part IV (Article 36-51); aimed at establishing a social and economic democracy and welfare state.
• Non-justiciable, non-enforceable by courts.
• Classified into socialistic, Gandhian, and liberal-intellectual.
• Fundamental Duties: Added by the 42nd Amendment; specifies 11 duties in Article 51-A.
• Non-justiciable in nature.
• Secular State: Term ‘Secular’ was added to the Preamble (42nd CAA, 1976). Promotes equal respect for all religions, as opposed to Western secularism’s complete separation.
• Articles promoting secularism: Preamble, Articles 14, 15, 16, 25-30, 44.
• Universal Adult Franchise: Voting age lowered to 18 (61st CAA, 1989); basis for elections.
• Single Citizenship: Citizens enjoy uniform political and civil rights throughout India, unlike the USA where state citizenship exists.
• Independent Bodies: Essential democratic institutions: Election Commission, Comptroller and Auditor General, Union and State Public Service Commissions.
• Emergency Provisions: Ensure national sovereignty and security through:
• National Emergency (Article 352)
• State Emergency (Articles 356 and 365)
• Financial Emergency (Article 360)
• During emergencies, the federal structure shifts to a unitary model.
• Three-Tier Government: Art. 40: Promotes village panchayats.
• 73rd CAA (1992): Recognizes Panchayati Raj.
• 74th CAA (1992): Recognizes Municipalities.
• Cooperative Societies: 97th CAA (2011): Grants constitutional status and protection;
• Recognizes the right to form cooperatives as a Fundamental Right (Article 19).
• New DPSP: Promotion of cooperative societies (Art. 43B).
• Part IX-B: Dedicated to cooperative societies (Articles 243-ZH to 243-ZT).

Parts of the Indian Constitution

Parts	Subject	Article
I	The Union and its Territories	1–4
II	Citizenship	5–11
III	Fundamental Rights	12–35
IV	Directive Principles of State Policy	36–51
IVA	Fundamental Duties	51A
V	The Union	52-151
VI	The States	152-237
VII	The States in Part B of the First Schedule (Repealed)	238
VIII	The Union Territories	239–242
IX	The Panchayats	243–243O
IXA	The Municipalities	243P–243ZG
IXB	The Co-operative Societies	243ZH–243ZT
X	The Scheduled and Tribal Areas	244–244A
XI	Relation between the Union and the States	245–263
XII	Finance, Property, Contracts and Suits	264–300A
XIII	Trade, Commerce and Intercourse within the territory of India	301–307
XIV	Services Under the Union and the States	308–323
XIV A	Tribunals	323A–323B
XV	Elections	324–329A
XVI	Special provisions relating to certain classes	330–342
XVII	Official language	343–351
XVIII	Emergency Provisions	352–360
XIX	Miscellaneous	361–367
XX	Amendment of the Constitution	368
XXI	Temporary, Transitional and Special Provisions	369–392
XXII	Short Title, Commencement, Authoritative Text in Hindi and Repeals	393–395

Schedules of the Indian Constitution

First Schedule: 

Lists the States and Union Territories along with their territories. Currently includes 28 States and 8 Union Territories.
[Articles 1 and 4]

Second Schedule

Outlines provisions for emoluments, allowances, and privileges for the President of India, Governors of States, Speaker and Deputy Speaker of the Lok Sabha, Chairman and Deputy Chairman of the Rajya Sabha, Speaker and Deputy Speaker of the Legislative Assembly in states, Chairman and Deputy Chairman of the Legislative Council in states, Judges of the Supreme Court, Judges of the High Courts, Comptroller and Auditor General of India.
[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]

Third Schedule

Provides forms of oaths or affirmations for:

• Union and State Ministers
• Candidates for election to the Parliament and the State Legislature
• Members of Parliament and State Legislature
• Judges of the Supreme Court and High Courts
• Comptroller and Auditor General of India.

Note: An oath is a solemn promise made under the invocation of God, while an affirmation is a non-religious pledge made by individuals who choose not to invoke religious references, both serving as formal commitments to uphold constitutional duties.
[Articles 75(4), 99, 124(6), 8(2), 164(3), 188, 219, 75, 84, 99, 124, 146, 173, 188, 219]

Fourth Schedule

Details the number of seats allocated to each state and union territory in the Council of States (Rajya Sabha).
[Articles 4(1) and 80(2)]

Fifth Schedule

Provides for the administration of Scheduled Areas in certain states.
[Articles 244]

Sixth Schedule

Focuses on administering Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
[Articles 244(2) and 275(1)]

Seventh Schedule

Contains three lists for legislative authority:

• Union List: National importance subjects for central law-making (e.g., defence,foreign affairs).
• State List: Local subjects for state law-making (e.g., police, public health).
• Concurrent List: Joint subjects for both (e.g., education).

Notes: Parliament can legislate on residuary subjects; Union List prevails over State List and Concurrent List; Central law takes precedence in case of conflict unless state law is approved by the President.
[Article 246]

Eighth Schedule 

Lists recognized languages in India. Originally included 14, now contains 22 languages:

• Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, Urdu. Sindhi was added by the 21st CAA, 1967.
• Konkani, Manipuri and Nepali were added by the 71st CAA, 1992.
• Bodo, Dongri, Maithili and Santhali were added by the 92nd CAA, 2003.
• Oriya was renamed as ‘Odia’ by the 96th CAA, 2011. [UPSC 2024]
  [Articles 344(1) and 351] 

Ninth Schedule

• Acts and Regulations (originally 13 but presently 282 acts) of the State legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters.
• This schedule was added by the 1st Amendment (1951) under J L Nehru as PM to protect the laws included in it from judicial review on the grounds of violation of Fundamental rights. However, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review (I R Coelho Case). [UPSC 2018, 2019]
  [Article 31B]

Tenth Schedule

Contains provisions regarding the disqualification of Parliament and State Legislature members on the grounds of defection (known as the Anti-defection Law), added by the Fifty-second Amendment (1985).
[Articles 102(2) and 191(2)]

Eleventh Schedule 

Added by the Seventy-third Amendment (1992), detailing the powers, authority, and responsibilities of Panchayats. It contains 29 functional items: Agriculture, Land improvement, Implementation of land reforms, Land consolidation, etc.
[Article 243G]

Twelfth Schedule

Added by the Seventy-fourth Amendment (1992), outlining the powers, authorities, and responsibilities of Municipalities. It includes 18 functional items: Urban planning, including town planning, Regulation of land use and construction of buildings, Planning for economic and social development, etc.
[Article 243W]