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1. Salient features of the Indian
Constitution
The Lengthiest Constitution in the world
-Originally 395 Articles
-Divided into 22 parts
-8 schedules
-After 92nd Amendment Act 2003
- - 448 Articles
- - 25 parts
- - 12 schedules

2. Since 1950 to 1995
- 21 articles have been repealed
- 69 more articles added
Reasons of adding new articles :
- experience from the working of all
known constitutions
- awareness of difficulties faced by
them
-to avoid defects and loopholes
that might come in future in the
working of Indian Constitution

3. Significant features :
 Fundamental Rights on the model
of American Constitution
 Parliamentary system of
Government form the United
Kingdom
 Directive Principles of State Policy
from the Constitution of Ireland
 Emergency provisions from the
German Reich and the
Government of India Act 1935

4. The Indian Constitution lays down the
structure for Central and State
Governments
While the American Constitution does
not lay structure for States; States are
required to draw up their own
Constitution
Why Indian Constitution is lengthy ?
o The Vastness of the Country
o The peculiar problems relating to
language

5. Fundamental Rights :
• Enforceable at the court of law
• based on Human Rights
Jurisprudence
Directive Principles to the State Policy :
• no justifiable rights
• but serve as constant reminder to
the future governments for the
policy of welfare State
• Necessary for the smooth working
of a newly born democracy

6.  Establishment of
a Sovereign, Socialist, Secular,
Democratic Republic
Socialist and Secular words are
added by the 42nd Amendment Act
1976
 The Preamble of the Constitution
declares India to be a Sovereign,
Socialist, Secular, Democratic
Republic

7. Sovereign
: emphasises that India is no more
dependent upon any outside authority
: it means that both internally and
externally India is a sovereign
: Its membership
- of the Commonwealth of Nations
and
- That of the United Nations
Organisations do not restrict her
sovereignty

8. Socialist
 The term Socialist has been inserted in
the preamble by the Constitution 42nd
Amendment Act 1976
 Socialism – used in democratic as well as
used in socialistic Constitutions
 The term means that some form of
ownership of the means of production and
distribution by the State
 India has chosen its own concept of
socialism e.g. mixed economy

9. Secularism
Secularism means a State which has no
religion of its own as recognised religion
of State
- It treats all Religions equally
--State regulates the relation between man
and man
-- it is not concerned with the relation of
man with God
-- it allows all its citizens to follow the
religion of his own choice

10. Democratic
(peoples Government)
Constitution has established
--A form of Government
--Which gets its authority from the will of
the people
--The rulers are elected by the people
--And they are responsible to people
--Justice, Liberty, Equality and Fraternity
are the essential characteristics of a
democracy
-- which are declared in the Preamble of
the Constitution as the very objectives

11. The Preamble to the Constitution
declares that –
the Constitution of India is adopted
and enacted by the people of India
And they are the ultimate master of
the Republic
The real power is in hands of the
people of India in Union and States

12. Republic – an elected head of the State
who will be the chief executive head
The President of India is not a
hereditary monarch
But he is an elected head chosen for a
limited period
This is an essential ingredient of a
Republic

13. Parliamentary form of Government
Dual polity :
Central Government & State Government
The essence of the Parliamentary form of
Government is its responsibility to the
legislature
-President : Constitutional Head
-Council of ministers : real executive
head; Prime minister
-Council of ministers is collectively
responsible to the Lower House
i.e. Lok Sabha

14. -The members of Lok Sabha
- directly elected by the people on the
basis of adult suffrage
- Elected for five years (normally)
- Same procedure for State Legislative
Assemblies
-The party with majority forms the
Government i.e. ruling party and the
leader is Prime Minister

15. Comparatively -The American Constitution
-: the President is the real executive
-: elected directly by people for 4 years
-: he is not responsible to the Lower House
-: The members of Cabinet are not
members of the Legislature;
-: they are appointed by the President and
therefore responsible to him

16. Parliamentary v. Presidential System
Advantages
- First, the chief executive in the
presidential system free from sectional
and party disputes
- His term is fixed and it ensures stability of
the government
- President can devote his time for the
development of the country

17. - He is free to choose his team of
ministers from the best talent available
within the country
- His choice is not restricted to the
elected representatives as is the case
in parliamentary system
- This helps to avoid the disease of
defections and maintains discipline
among the members of a political party

18. Parliamentary form :
- It is a responsible Government
- Subjected to security in the legislature
as regards its achievements and
failures
- The ministers are accountable to the
legislature
- The Prime Minister who enjoys 2/3
majority in Parliamentary system is
much more powerful than the President
in the US

19. - Prime Minister can also choose the
best talent from outside for his
cabinet
- and get them elected or nominated to
either House of Parliament
- The disease of defection can be
removed by the appropriate
legislation
- He represents the will of the people
who elected him and his party

20. - The framers of the Constitution
preferred the Parliamentary form for
two reasons :
 The system was already in existence
in India and
- The people were well acquainted
with it
 It provides for accountability of
ministers to the legislature

21. Some major drawbacks of the
Parliamentary form -
 Multiplicity of Political Parties :
 - unstable government
 - problem in formation of government
 - State Governments fail to prove its
majority and confidence in the House
 - after 1979 this evil affected to Central
Government also
 This badly affects the economy of the
Nation
 Excess burden on National treasure for
the elections due to failure of Government
in Center

22. Evil of Defection
 - problem of defection threatening the
very basis of our Parliamentary
system
 - it results again in the unstable
governments
 - the Government in Central or State
the ruling party needs 2/3rd majority of
total seats in the House

23.  52nd Amendment of 1977
 - to cure the evil of defection Parliament
enacted the 52nd amendment in 1977
 - added the 10th Schedule to the
Constitution which provides that –
◦ - if a member of the legislative party
voluntarily leaves his party
◦ - or votes against the whip of the party
◦ - or nominated members joins other
party within sixth months of election
He will lose his membership of the
legislation

24.  Exception to the Rule :
◦ - if 1/3 of the members goes out of the
party, it will be called a split and not
defection
◦ - and the separated group will be a new
entity
Effects of this provision :
- this provision of the Tenth Schedule has
proved to be a boon for dishonest
politicians
- To get immediate political gain
- To arrange Government

25.  Lack of cohesiveness and leadership in
National Parties :
- Lack of unity and cohesion in national
parties
- Weakened the authority of the leader of
the party
- Prime Minister has to devote much
time in solving party disputes
- This affected the efficiency of the
council of ministers including Prime
Minister
- no stable government can be formed

26.  illiteracy of voters :
 - National issues verses Local issues
 - vast majority of electorate is
illiterate
 - politically immature
 - in exercising his right on the basis
of caste, religion, and money
- this defeats the spirit of democracy
- electorate are giving importance to
the local politics

27. Growth of regional parties
- local and regional parties arousing
provincial and narrow minded
feelings
- weakened the functioning of the
Parliamentary System
- Regional Parties demanding more
autonomy for the States
- it affects the unity and integrity of
the nation
- success of regional parties in election
defeats the national parties and no majority
is gained by national parties

28. Criminalisation of Politics :
- criminalisation of politics affected free
and fair elections
- Most of political parties have
connections with known criminals
- Some Political parties given tickets to
known criminals
- use of violence in the elections on a large
scale
- booth capturing, bogus voting are
criminal activities indulged in elections
- this defeat the parliamentary form of
Government