GKC Presentation

BASIC FEATURES OF THE INDIAN

CONSTITUTION AND ITS
SOURCES
ARCHIT AGARWAL
144125
B.Tech Final Year Mechanical
 INTRODUCTION
• Constitution of India is the supreme law.
• It lays down the framework defining political
principles
• Establishes the structure, procedures, powers
and duties of government institutions
• Sets out fundamental rights, directive principles
and duties of citizens.
• Its repeated criticism is that it is very little original
and mostly borrowed from other constitutions
• Nonetheless, it has distinctive features of its own
and is unique in many ways.
 FEATURES
1. SIZE
• Longest written constitution of any sovereign
country
• It has 448 articles in 25 parts, 12 schedules, 5
appendices and has been amended 98 times (out
of 120 constitution amendment bills)
• Very comprehensive and includes matters
which are legitimately the subject matters of
ordinary legislation or administrative action
• The Government of India act, 1935 was used as an
initial working draft
• The size, complexities and diversity of indian
situation necessitated miscellaneous provisions for
certain regions
 2. MODERN CONSTITUTION

• Since it was drafted in the mid-twentieth century, it

gave an advantage to take cognizance of various
constitutional processes operating in different
countries
• Rich fund of human experience, wisdom, heritage
and traditions in area of governmental process was
drawn
• It suited the political, social and economic
conditions in india
• Thus, it turned out to be a very interesting and
unique document
3. WRITTEN CONSTITUTION

• It is a lengthy, elaborate and detailed written

document
• Originally it consisted of 395 Articles arranged
under 22 Parts and 8 Schedules.
• Now, after 98 amendments, it has 448 Articles
and 12 Schedules.
 4. PREAMBLE

• Unlike Australia, US or Canada, the Indian

Constitution has an elaborate Preamble
• Its purpose is to clarify: who has made the
constitution, what is its source, who is the ultimate
sanction behind it, what is the nature of polity and
what are its goals and objectives
• It lays emphasis on principle of equality which is
basic to the Constitution
 5. OUASI- FEDERAL

• Federalism is when all powers of governance are

divided into central and state governments.
• Indian federalism was inspired from US, Canada and
Australia yet it deviates from their federalisms in many
respects establishing its own distinctiveness
• Article 249: Parliament can legislate on any topic of state
list if its in Nation’s Interest
• The States depend largely on financial assistance from
the Union
• Existence of Union Territories Appointment of
Governors by President Emergency Provisions
• Common All India Services Thus,
its Ouasi- Federal
 6. PARLIAMENTARY SYSTEM

• India is a Republic
• Unlike US President, Indian President is only a
nominal or constitutional head of the executive He
acts only on aid and advice of the Council of
• Ministers
• Thus, following British pattern, Indian Constitution
has adopted Parliamentary system of governance
 7. PARLIAMENTARY SOVEREIGNITY AND
JUDICIAL SUPREMACY

• We are governed by the rule of law and judicial

review of administrative action
• Since powers and functions of every organ are
defined and delimited by the Constitution; there is
no question of any organ being Sovereign
• Both Parliament and Supreme Court are supreme
in their respective spheres
 8. ADULT FRANCHISE

• By Parliamentary democracy we mean ‘one man,

one vote’
• Indian Constitution provides for ‘Universal Adult
Suffrage’
• Every adult Indian without any distinction at once
has equal voting rights.
 9. SOCIALISM AND SECULARISM

• Preamble establishes the concept of Socialism

and Secularism
• Principle of socialism is to eliminate inequality of
income, status/standards of life
• It aims to end poverty, ignorance, disease and
inequality of opportunity
• The policy of non- discrimination towards any
religion makes India a Secular state
• All religions are held equally with high esteem
 10. CHARTER OF FUNDAMENTALRIGHTS

• They are incorporated in Part III of the

Constitution
• It has been adopted from U.S.A.
• The Constitution guarantees certain basic human
rights and freedoms to the people of India
 11. DIRECTIVE PRINCIPLES

• The Directive Principles of State Policy are

inspired from the Irish Precedent
• It’s a unique feature of our Constitution
• Socio-economic rights are included under this
head
• Though they are not enforceable but are expected
to guide the governance of the country
 12. FUNDAMENTAL DUTIES

• 42nd Amendment to the Constitution added

‘Fundamental Duties’
• Inspiration is from the U.S.S.R.
• It lays down 11 duties for all the citizens
 13. SINGLE CITIZENSHIP

• The founding father provided for ‘single-

citizenship’ despite the federal structure
• Unlike US, Indian Constitution has single
citizenship where all citizens are entitled to same
rights all over the country
 14. INDEPENDENT JUDICIARY

• Independent judiciary is established with powers of

judicial review which strengthens the rule of law
• Courts are not subject to improper influence from
other branches of government or from private
interests
• Judicial independence is vital to the idea of
Separation of Powers
Various Sources of Constitution
The objective of the Constituent Assembly was not to
enact an original constitution rather to enact a good and
workable constitution. The assembly evaluated the
constitutions of other countries and whatever good they
found in these constitutions, they included in their own
constitution.
1. Parliamentary Government and Rule of Law are the
influences of the British Constitution.
2. The Fundamental Rights and the special position of
the judiciary is the influence of the constitution of
U.S.A
3. The Directive Principles of State Policy have been
borrowed from the constitution of Ireland.
4. The Federal system of India is the influence of
Canadian Constitution.
5. The method of the amendment of the constitution
and the method of the election of the members of Rajya
Sabha have been borrowed from the constitution of
South Africa.
6. The Emergency powers of the President are the
influence of the Weimer Constitution of Germany.