Salient Features of Constitution — Study Notes

Overview

The Indian Constitution, adopted on 26 November 1949 and enforced on 26 January 1950, is the world's longest written constitution. UPSSSC PET asks 3–5 direct questions on its salient features—sources of borrowing, Preamble keywords, number of schedules/parts, and the type of polity (federal vs unitary characteristics). Mastering this topic requires knowing the structural framework (how many parts, schedules, articles originally vs now), the philosophical foundation (Preamble), and the borrowed features from other constitutions. This is foundational for understanding all subsequent topics in polity—rights, DPSP, parliamentary system, and federalism all stem from these basic features.

Students must memorize exact numbers: originally 395 articles in 22 parts and 8 schedules; currently 470+ articles, 25 parts, and 12 schedules (after amendments). The Preamble's five keywords—Sovereign, Socialist, Secular, Democratic, Republic—are repeatedly tested. Additionally, understand the dual nature: federal structure with unitary bias, written yet amendable, rigid yet flexible in parts.

Questions appear as direct MCQs ("Which feature is borrowed from USA?") or statement-based ("The Constitution is both rigid and flexible—True/False"). Revise this topic alongside the first few articles (1–4) and the Preamble text itself.

Key Concepts

• **Lengthiest written constitution**: Originally 395 articles, 22 parts, 8 schedules. Now grown to 470+ articles, 25 parts, 12 schedules due to 100+ amendments. Detailed provisions make it exhaustive.

• **Quasi-federal or federal with unitary bias**: Federal features include written constitution, division of powers, independent judiciary, bicameralism. Unitary features include strong Centre, single Constitution, single citizenship, flexible Constitution during emergencies, All-India Services.

• **Parliamentary system of government**: Based on UK Westminster model. Executive (PM and Council of Ministers) is responsible to legislature (Lok Sabha). President is nominal head; PM is real executive.

• **Blend of rigidity and flexibility**: Some provisions amended by special majority (2/3 present + majority of total), some by simple majority, some require state ratification (Article 368). Not as rigid as USA, not as flexible as UK.

• **Borrowed features from multiple sources**: Constitution makers studied 60+ constitutions. Major borrowings include Fundamental Rights (USA), DPSP (Ireland), parliamentary system (UK), federal structure (Canada), emergency provisions (Germany).

• **Preamble as the soul**: Declares India a Sovereign, Socialist, Secular, Democratic, Republic. Establishes Justice (social, economic, political), Liberty (thought, expression, belief, faith, worship), Equality (status and opportunity), and Fraternity (dignity of individual, unity and integrity of nation).

• **Single integrated judicial system**: Unlike USA (separate state and federal judiciary), India has one hierarchy—Supreme Court at apex, High Courts in states, subordinate courts below. Supreme Court has original, appellate, and advisory jurisdiction.

• **Fundamental Rights with reasonable restrictions**: Part III (Articles 12–35) guarantees six categories of rights but allows the state to impose reasonable restrictions. Rights are justiciable (enforceable in court). Right to Property removed from FR by 44th Amendment (now legal right under Article 300A).

Formulas / Key Facts

• **Original structure (1950)**: 395 Articles, 22 Parts, 8 Schedules. Preamble + 395 Articles = total initial framework.
• **Current structure (2024)**: 470+ Articles, 25 Parts, 12 Schedules after 100+ amendments.
• **Preamble keywords (5)**: Sovereign, Socialist, Secular, Democratic, Republic. ("Socialist" and "Secular" added by 42nd Amendment, 1976.)
• **Preamble objectives (4)**: Justice, Liberty, Equality, Fraternity.
• **Date of adoption**: 26 November 1949 by Constituent Assembly.
• **Date of commencement**: 26 January 1950 (Republic Day).
• **Borrowed from UK**: Parliamentary government, rule of law, legislative procedure, single citizenship, writs.
• **Borrowed from USA**: Fundamental Rights, judicial review, independence of judiciary, preamble language ("We the People"), impeachment of President.
• **Borrowed from Ireland**: Directive Principles of State Policy (DPSP), nomination of Rajya Sabha members.
• **Borrowed from Canada**: Federation with strong Centre, distribution of powers (three lists), residuary powers with Centre.
• **Borrowed from Australia**: Concurrent List, freedom of trade and commerce, joint sitting of Parliament.
• **Borrowed from Germany (Weimar)**: Suspension of Fundamental Rights during emergency.
• **Borrowed from South Africa**: Amendment procedure, election of Rajya Sabha members.
• **Borrowed from USSR**: Fundamental Duties (added by 42nd Amendment), socialist ideals.
• **12 Schedules**: (1) States & UTs, (2) Emoluments, (3) Oaths, (4) Rajya Sabha seats, (5) Scheduled Areas, (6) Administration of tribal areas, (7) Union-State powers (three lists), (8) Official languages (22 languages), (9) Land reforms, (10) Anti-defection, (11) Panchayati Raj, (12) Municipalities.
• **Type of polity**: Quasi-federal—federal structure but unitary spirit. Also called "Union of States" (Article 1).

Worked Examples

**Example 1: Identify the borrowed feature** *Question*: The concept of Directive Principles of State Policy (DPSP) in the Indian Constitution is borrowed from which country? *Solution*: DPSP is borrowed from the **Constitution of Ireland**. Ireland's 1937 Constitution inspired India's framers to include non-justiciable social and economic goals (Articles 36–51) to guide state policy. Remember: DPSP = Ireland; FR = USA.

**Example 2: Preamble amendments** *Question*: Which amendment added the words "Socialist" and "Secular" to the Preamble? *Solution*: The **42nd Constitutional Amendment, 1976** (during Indira Gandhi's government) inserted "Socialist" and "Secular" into the Preamble. Originally the Preamble read "Sovereign Democratic Republic"; now it reads "Sovereign Socialist Secular Democratic Republic." This is one of the most frequently asked questions in PET.

**Example 3: Federal vs Unitary features** *Question*: State whether the Indian Constitution is federal or unitary. *Solution*: The Indian Constitution is **quasi-federal or federal with unitary bias**. Federal features: written Constitution, division of powers (Union, State, Concurrent Lists), independent judiciary, bicameralism. Unitary features: strong Centre with residuary powers, single Constitution for Union and States, single citizenship, integrated judiciary, emergency provisions that convert it into unitary, All-India Services (IAS, IPS, IFS) controlled by Centre. The term "Union of States" (Article 1) emphasizes indestructibility of the Union—states cannot secede.

Common Mistakes

• **Confusing borrowed features**: Students often mix up sources—e.g., thinking parliamentary system came from USA (it's from UK) or FR from Ireland (it's from USA). Make a flashcard: UK = parliamentary; USA = FR, judicial review; Ireland = DPSP.

• **Forgetting 42nd Amendment changes**: Many write the Preamble without "Socialist" and "Secular." Remember these were *added* in 1976, not original. Also 42nd Amendment added Fundamental Duties (Part IVA).

• **Stating rigid or flexible only**: The Constitution is *both*. Some provisions need special majority + state ratification (federal structure changes), some need only special majority (most amendments), some need simple majority (e.g., creating new states). Don't call it "rigid like USA" or "flexible like UK"—it's hybrid.

• **Counting schedules wrong**: Students often remember 8 (original) or forget the latest count. As of now (post-101st Amendment, 2016 GST), there are **12 schedules**. The 12th Schedule (Municipalities) was added by 74th Amendment, 1992.

• **Ignoring the "Union of States" phrase**: Article 1 says "India, that is Bharat, shall be a Union of States." Candidates wrongly call it "Federation of States." The word "Union" was deliberate—states have no right to secede; the Union is indestructible.

Quick Reference

• **Adopted**: 26 Nov 1949; **Enforced**: 26 Jan 1950.
• **Original**: 395 Articles, 22 Parts, 8 Schedules → **Current**: 470+ Articles, 25 Parts, 12 Schedules.
• **Preamble 5 pillars**: Sovereign, Socialist, Secular, Democratic, Republic (Socialist & Secular added 1976).
• **Polity type**: Quasi-federal (federal structure + unitary features).
• **UK**: Parliamentary govt, single citizenship. **USA**: FR, judicial review. **Ireland**: DPSP.
• **Canada**: Strong Centre, three lists. **Germany**: Emergency suspension of FR.