Salient features of Indian Constitution

1. Blend of rigidity and flexibility

1.1. Indian const is rigid for few amendments - Special Majority and flexible for few - Simple Majority

1.2. 4 types of Majority : Simple, Absolute, Effective and Special

2. Federal System with Unitary bias

2.1. Quasi federal (KC Wheare), Cooperative federalism (Granville Austin)

2.2. Federal features

2.2.1. Two governments

2.2.2. division of powers

2.2.3. independent judiciary

2.2.4. bicameralism

2.3. Unitary features

2.3.1. Single citizenship

2.3.2. appointment of state governors

2.3.3. all-India services

2.3.4. Emergency provisions

2.4. Indian Federalism is not the result of an agreement by the states and no state has the right to secede from the federalism

3. Parliamentary form of government

3.1. principle of cooperation between legislative and executive organs

3.2. Features of Parliamentary govt

3.2.1. nominal and real executives

3.2.2. majority party rule

3.2.3. collective responsibility of the executives to the legislature

3.2.4. membership of ministers in the legislature

3.2.5. leadership of PrimeMinister and ChiefMinister

3.2.6. Dissolution of Lower House

4. Integrated and Independent Judiciary

4.1. Independent - separate from legislatives and executives

4.2. Integrated - SC, HC, District Courts etc

5. Directive Principles of State Policies

5.1. Novel Feature of Const

5.2. establishing a Welfare State

5.3. Non-justiciable

6. A Secular State

6.1. no particular official religion

6.2. liberty of belief, faith and worship

6.3. Art 14, 15, 16, 25, 26, 27, 28, 29, 30, 44

6.4. abolished communal representation

7. Single Citizenship

8. Emergency Provisions

8.1. National Emergency - Art 352

8.2. State Emergency (president's rule) - Art 356,365

8.3. Financial Emergency - Art 360

9. Co-operative Societies

9.1. 97th CA, 2011

9.2. right to form cooperatives - fundamental right under Art 19

9.3. DPSP : promote cooperatives under art 43B

9.4. Part 9-B : The Cooperative Socities

10. Lengthiest written constitution

10.1. originally 395 articles, 22 parts and 8 schedules

10.2. present - 470 articles, 25 parts and 12 schedules

10.3. not only contains fundamental principles of governance but also detailed administrative provisions

11. Drawn from many sources - like GOI Act,1935 , US const, USSR const, Britain Const etc

12. Combination of Parliamentary Sovereignity and Judicial Supremacy

12.1. The SC can declare parliamentary laws unconstitutional and on the other hand Parliament can amend major portion of Constitution

13. Fundamental rights

13.1. serves as limitations on the tyranny of the executive and legislature

13.2. justiciable, SC can issue writs (art 139 and 226)

13.3. not absolute and subject to reasonable restrictions

13.4. 6 FR

13.4.1. Right to Equality

13.4.2. Right to Freedom

13.4.3. Right against Exploitation

13.4.4. Right to Freedom of Religion

13.4.5. Cultural and Eductaional Rights

13.4.6. Right to Constitutional Remedies

14. Fundamental Duties

14.1. added by 42nd AA, 1976

14.2. Swaran Singh Committee

14.3. Part IV-A - Article 51A

14.4. Eleven Fundamental Duties

15. Universal Adult Franchise

15.1. 18yrs min - 61st AA, 1988

16. Independent Bodies

16.1. Election Comission

16.2. Comptroller and Auditor General

16.3. UPSC, SPSC

16.4. Attorney General of India

16.5. Advocate General of State

17. Three Tier Government

17.1. 73rd CA,1992 : Panchayats

17.1.1. Part 9, Schedule 11

17.2. 74th CA, 1992: Muncipalities

17.2.1. Part 9-A, Schedule 12