The Indian Constitution has several salient features: 1. It is a modern, written constitution that draws from other countries but includes new aspects like minority rights and special rights for backward classes. 2. The constitution is elaborate and detailed, covering topics like fundamental rights, judiciary, elections, and center-state relations. 3. The preamble sets out the key objectives and democratic principles of the constitution.

1. Constitutional Law of India - 1
Module 1
Topic 5
Salient Features
By Gagan K

2. Salient Features
1. Modern Constitution
2. Written
3. Preamble
4. Socialist
5. Welfare state
6. Secular
7. Responsible Govt.
8. Funda-mental rights
9. Minorities and Backward Classes
10. Elections
11. Judiciary
12. Federal Constitution

3. 1. Modern Constitution
• Dr. Ambedkar said
– 100 years had commenced since the first
written Consti was drafted
– What new could be added?
– We could only remove the faults
– Accommodate the existing principles to suits
the needs of our country.
– We can learn from the experiences of other
countries

4. Features borrowed
• Federalism – America, Canada, Australia
• FR – American Bill of Rights
• Amedment – USA
• Writs and Parliamentary form – UK
• Centre-State relations and Freedom of trade &
commerce – Australia
• Directive Principles (hereinafter DPSP) – Irish
Constitution
• What new? – Minority rights, Special rights for
Backward Classes, Reduced the rigidity of usual
federalism.

5. 2. Written Constitution
• Elaborate – originally had 395 Articles. Now
expanded and more than 440 articles
• So many aspects are given in a detailed way
– Citizenship details (including Indo-Pak location)
– Territory defined
– FRs, DPSP, Fundamental Duties
– Judiciary powers
– State legislature, Executive details
– Centre-state relations
– Local Govts (73rd
, 74th
amendment)
– Now – Cooperative societies
– 3 Lists – State, Union and Concurrent

6. 3. Preamble
• Gives the source and sanction (we the people of
India is the source and sanction)
• Nature of polity (sovereign, socialist, democratic,
republic)
• Objectives (secure its citizens equality, fraternity,
justice social economical political…)
• Preamble is the key to open the minds of the
Constitutional makers.
• Helpful in interpreting the Constitution

7. 3. Preamble
• Purposes
– Enacting clause
– Declares the great rights and freedoms
– Source – people
• Words used:
– Sovereign – no longer crown control
– Democratic – voting, elections
– Socialist – pro-people
– Replublic – No monarchy (re-public – power given
back to the public). Head of the State is President
who is the representative of the people, not a King

8. Trinity
• Dr. Ambedkar during the closing speech of
Constitutional Assembly on November 25, 1949
said:
– “Liberty, equality and fraternity are trinity and should
be united. If they are divorced, then it would defeat
the very purpose of democracy”
• In Berubari case (AIR 1960 SC 845), it was held,
Preamble is not a part of the Constitution
• In Kesavananda case (AIR 1973 SC 1461), it
was held that Preamble is very much a part of
the Constitution.

9. 4. Socialist State
• Word “socialist” was added by way of 42nd
Consti
amendment in 1976
• Means, state ownership in most of the essential
services
• Mixed Economy
• Case: Samatha v. State of Andhra Pradesh –
“establishment of egalitarian social order
through rule of law” is basic structure.
• Principles in DPSP connote a “socialist state”

10. 5. Welfare State
• Social welfare
• State rendering social services
• Promote general welfare
• DPSP is the basis – promotion of health,
education, environment, and reduction of
inqualities.
• Non-justiciable – cannot be enforced in a
court of law

11. 6. Secular
• “Secular” word added by way of 42nd
Amendment
of 1976
• Prior to this amendment also, the principle of
“secular” was implicit because Indian State has
no recognised or official religion
• After amendment, the principle was made
“express”
• All religions equal, treated alike
• Secularism is a basic feature of our Constitution
as held in Kesavananda case

12. 7. Responsible Government
• Cabinet takes executive decisions
• But the cabinet is also answerable to the
Parliament
• Parliament makes laws and all the
representatives are accountable to the people
• President and Governors can reject the bills –
brings responsibility
• Writs – protect fundamental rights and makes
the State responsible

13. 8. Fundamental Rights
• Maneka Gandhi v. Union of India (AIR 1978 SC
597)
– “Courts should expand the reach and ambit of FRs
and not attenuate (reduce) it”
• Therefore, the FRs have been expanded, ambit /
scope widened during 70s and 80s. Hence not
just the FRs mentioned in the Part III, but also
several implied rights.
• Art. 32 and 226 are the tools to enforce FRs

14. 9. Minorities and Backward Classes
• Minorities – a State needs to protect its
minorities. Under Indian Consti, minorities
given special protection. Eg. Minorities
educational institutions.
• Backward Classes – economically and
socially backward people. Given several
special privileges. Eg. Under Art. 15 and
16.

15. 10. Elections
• Free and fair elections
• Universal Adult Franchise – all over 18
• Recently third gender have also been
given voting rights. This was implicit,
however denied for trivial reason of
existence of only two genders.
• Election Commission is an autonomous
body
• During elections, “model code of conduct”

16. 11. Federal Constitution
• Dual Government 1. Central , 2. State
• Orthodox federal structures have been changed to suit
Indian societal needs
• 3 lists that lay down the legislative power for passing
laws on specific subjects 1. Union list, 2. State list, 3.
Concurrent list
• During emergency, Indian Consti turns Unitary
• No dual citizenship
• In USA, every federal state can make its own
Constitution. This is not so in India.
• Some scholars classify Indian Consti as “quasi-federal”
• Broadly, Indian Consti is “federal” in nature.

17. 12. Fundamental Law
• No law can be made against the Constitution
• All laws abrogating / violating / infringing the
Constitution are void
• Sets out the powers of all the organs
• Constitution is the law “that holds together all
other laws”
• Granville Austin called it as the “Cornerstone of
a Nation”
• Kelson calls Constitution as the “grund norm”

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