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Salient Features of the Constitution

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Salient Features of the Constitution

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The Indian Constitution is the lengthiest written constitution in the world, enacted on 26 November 1949 and enforced on 26 January 1950. It blends rigidity and flexibility through three amendment routes under Article 368. The Preamble declares India a Sovereign, Socialist, Secular, Democratic Republic; it is not enforceable but guides interpretation. Fundamental Rights (Part III, Articles 12–35) are justiciable; Directive Principles (Part IV, Articles 36–51) are non-justiciable; Fundamental Duties (Part IVA, Article 51A) were inserted by the 42nd Amendment, 1976 and apply only to citizens.

  • Article 32 — “heart and soul” of the Constitution (Dr. B.R. Ambedkar), writ jurisdiction of the Supreme Court.
  • 44th Amendment, 1978 — removed Right to Property as a Fundamental Right; 86th Amendment, 2002 — added Article 21A, making education a right for ages 6–14.

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Salient Features of the Constitution

The Constitution draws from multiple sources: the parliamentary system from Britain, fundamental rights and judicial review from the USA, the concept of Directive Principles from Ireland, and the federal with unitary bias structure is indigenous. It originally contained 395 Articles and 8 Schedules; today it has 470+ Articles and 12 Schedules.

Part III, IV, and IVA — The Triad

Part III (Articles 12–35) grants six Fundamental Rights: Right to Equality (14–18), Right to Freedom (19–22), Right against Exploitation (23–24), Right to Freedom of Religion (25–28), Cultural and Educational Rights (29–30), and Right to Constitutional Remedies (32). Article 32 allows direct petition to the Supreme Court through writs — habeas corpus, mandamus, prohibition, certiorari, quo warranto.

Part IV (Articles 36–51) lists Directive Principles — social, economic, and political goals. They are non-justiciable; the state cannot be sued for not implementing them, though Article 37 makes them “fundamental in governance.”

Part IVA (Article 51A) lists 11 Fundamental Duties, applicable only to citizens, added on the recommendation of the Swaran Singh Committee, 1976.

Preamble and Constitutional Interpretation

The Berubari Union case (1960) held the Preamble is not part of the Constitution; the Kesavananda Bharati v. State of Kerala (1973) 13-judge bench later held it is a part and a source of the basic structure doctrine.

ConceptJusticiable?Source
Fundamental RightsYes (Article 32/226)USA
Directive PrinciplesNoIreland
Fundamental DutiesNoUSSR (originally)

Emergency and Federalism

Article 352 (National Emergency), Article 356 (President’s Rule), and Article 360 (Financial Emergency) convert the federal structure into a unitary one. The 44th Amendment (1978) restricted National Emergency to armed rebellion (replacing “internal disturbance”) and made its declaration subject to written advice of the cabinet.

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The Basic Structure Doctrine

In Kesavananda Bharati (1973), the Supreme Court held that Parliament’s amending power under Article 368 is not unlimited — it cannot destroy the basic structure of the Constitution. This was reaffirmed in Indira Nehru Gandhi v. Raj Narain (1975), Minerva Mills v. Union of India (1980), and I.R. Coelho v. State of Tamil Nadu (2007). The basic structure includes judicial review, federalism, secularism, and the harmony between Fundamental Rights and Directive Principles.

Schedules You Must Number

The First Schedule lists states and territories; the Seventh Schedule contains the three lists (Union, State, Concurrent); the Eighth Schedule names 22 scheduled languages (last added: Bodo, Dogri, Maithili, Santhali via 92nd Amendment, 2003); the Ninth and Tenth Schedules deal with land reforms and anti-defection matters. The Twelfth Schedule (added by 74th Amendment, 1992) covers Municipalities.

Article 370 and Recent Amendments

Article 370 granted special autonomous status to Jammu & Kashmir and was abrogated in August 2019 through a Presidential Order under Article 367 and the Constitution (Application to Jammu and Kashmir) Order, 2019. The J&K Reorganisation Act, 2019 bifurcated the state into two Union Territories. The 103rd Amendment, 2019 introduced 10% Economically Weaker Section (EWS) reservation in government jobs and educational institutions.

Common Traps in the Exam Hall

  • Money bills originate only in Lok Sabha; Rajya Sabha can recommend amendments within 14 days but Lok Sabha may accept or reject them.
  • The anti-defection law (52nd Amendment, 1985; 10th Schedule) was inserted on the recommendation of the Dinesh Goswami Committee.
  • The Speaker’s casting vote (Lok Sabha) exists even after the 2015 amendment; the National Commission for Scheduled Castes (Article 338) and National Commission for Scheduled Tribes (Article 338A) were bifurcated by the 89th Amendment, 2003.

Practice Prompts

  1. The 44th Amendment, 1978 restricted the scope of National Emergency (Article 352) by replacing the phrase “internal disturbance” with “armed rebellion.” Critically analyse its implications for federalism.
  2. Compare the justiciability of Fundamental Rights, Directive Principles, and Fundamental Duties, citing relevant constitutional articles and at least one Supreme Court judgment.

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