Lengthiest Written Constitution

• Most detailed Constitution in the world.
• Originally had 395 Articles, 22 Parts, and 8 Schedules (now 470 Articles, 25 Parts, and 12 Schedules).
• Covers not just fundamental principles but administrative details (e.g., President’s election process, Emergency Provisions).
• Reasons for its length:
  • Geographical diversity (needed detailed governance structure).
  • Legal diversity (combination of British, Government of India Act 1935, and princely state laws).
  • Social diversity (needed provisions for different religions, languages, and communities).

Draws from Multiple Sources

Borrowed from various Constitutions but adapted to India’s needs.

Blend of Rigidity and Flexibility

• The Indian Constitution is neither too rigid nor too flexible.
• Rigid: Some provisions require a special majority (e.g., Fundamental Rights).
• Flexible: Some provisions can be amended by a simple majority (e.g., state reorganization).
• Comparison:
  • USA’s Constitution is rigid (requires a long process for amendments).
  • UK’s Constitution is flexible (Parliament can change it easily).
  • India has a balanced approach, allowing both stability and adaptability.

Federal System with a Strong Centre

India is a federation but with a unitary bias (strong central government).

Features of Federalism in India:

• Dual government (Centre & States).
• Division of powers (Union List, State List, Concurrent List).
• Supreme Court as the interpreter of the Constitution.
• Single Constitution (no separate state constitutions like the USA).
• Single Citizenship (unlike the USA, where states have separate citizenship).
• Emergency Provisions allow Centre to take full control.

Parliamentary Form of Government

• President is the nominal head (constitutional head), while the Prime Minister is the real head.
• Ministers are collectively responsible to the Parliament.
• Inspired by the British Westminster System.
• Ensures harmony between executive and legislature, unlike the Presidential system (USA), where the President is independent of Congress.

Fundamental Rights and DPSPs

• Fundamental Rights (Part III, Articles 12-35)
  • Inspired by the USA.
  • Provide protection against state power (e.g., Right to Equality, Right to Freedom).
  • Enforceable by courts.
• Directive Principles of State Policy (DPSP) (Part IV, Articles 36-51)
  • Inspired by Ireland.
  • Aim to create a welfare state (e.g., equal pay, public health, education).
  • Not enforceable by courts but act as a guiding principle for governance.
• Conflict Between FRs and DPSPs
  • When in conflict, Fundamental Rights generally prevail (Kesavananda Bharati case, 1973).
  • However, the Parliament can amend FRs to implement DPSPs (Minerva Mills case, 1980).

Secular State

• No official religion in India (unlike Pakistan, which has Islam as the state religion).
• Equal treatment of all religions by the State (Article 25-28).
• Religious freedom for individuals and groups.
• The government can regulate religious institutions but not interfere in religious beliefs.

Single Citizenship

• Unlike the USA, which grants dual citizenship (state and national), India follows single citizenship.
• All Indians are citizens of India, regardless of the state they belong to.
• Ensures national unity and prevents regionalism.

Universal Adult Franchise

• Right to vote for all citizens above 18 years of age (originally 21 years, reduced in 1989 by the 61st Amendment Act).
• Ensures democratic participation.
• No discrimination based on caste, religion, gender, or wealth.

Independent Judiciary

• Supreme Court is the guardian of the Constitution.
• Ensures judicial review (can declare laws unconstitutional).
• Judges are appointed independently, not controlled by the government.
• Inspired by the USA’s separation of powers.

Emergency Provisions (Part XVIII, Articles 352-360)

• Allows the Centre to assume extra powers during crises.
• Three types of emergencies:
  • National Emergency (Article 352) – War, external aggression, armed rebellion.
  • State Emergency (Article 356) – President’s Rule in states (Governor’s report).
  • Financial Emergency (Article 360) – Threat to India’s financial stability.
• Ensures national security but can also be misused (e.g., 1975 Emergency declared by Indira Gandhi).

Special Provisions for Minorities and Weaker Sections

• Reservation for SCs, STs, OBCs in jobs, education, and legislatures.
• Minority rights protected (Articles 29-30) – Right to establish and manage educational institutions.
• Aims for social justice and inclusion.

Synthesis of Parliamentary Sovereignty & Judicial Supremacy

• In Britain, Parliament is supreme (it can make or change any law).
• In the USA, the Judiciary is supreme (it can strike down any law).
• India follows a balance – Parliament makes laws, but the Supreme Court can review them.

Key Takeaways for UPSC

• The Indian Constitution is the longest written constitution (rigid + flexible).
• Federal system with a strong Centre (quasi-federal).
• Parliamentary democracy based on the Westminster model.
• Fundamental Rights (USA) + DPSPs (Ireland) for a welfare state.
• Independent judiciary with judicial review.
• Emergency Provisions give Centre overriding powers in crises.
• Special provisions for minorities and weaker sections.

Quick Revision Table