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Laxmikanth Ch 3: Salient Features of the Constitution (CAPF Digest)

Original digest of the salient features of the Indian Constitution: lengthiest written charter, federal with unitary bias, parliamentary system, and the borrowed-features table

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The idea in one line

The Indian Constitution is the lengthiest written constitution in the world, a blend of rigidity and flexibility that sets up a parliamentary, quasi-federal democracy with an integrated judiciary and a single citizenship.

The main features

  • Lengthiest written constitution: it began with a Preamble, 395 Articles in 22 Parts and 8 Schedules; today it runs to well over 440 Articles and 12 Schedules after amendments (verify the latest count). Its bulk owes to detail borrowed from the 1935 Act, a single charter for both Centre and States, and the size and diversity of the country.
  • Drawn from many sources: the framers adapted features from several constitutions and from the 1935 Act.
  • Blend of rigidity and flexibility: some parts amend by simple majority, some by special majority, some need ratification by the States (see ch 10 amendment process).
  • Federal system with a unitary bias: federal features (dual government, written constitution, division of powers, supremacy of the Constitution, an independent judiciary, bicameralism) coexist with strong unitary features (single constitution, single citizenship, a strong Centre, an integrated judiciary, All-India Services, emergency provisions, appointment of Governors). The Constitution does not even use the word "federation"; Article 1 says "Union of States".
  • Parliamentary form of government: executive responsible to the legislature, at both Centre and States.
  • Synthesis of parliamentary sovereignty and judicial supremacy: neither British parliamentary supremacy nor American judicial supremacy in full.
  • Integrated and independent judiciary: a single hierarchy with the Supreme Court at the apex.
  • Fundamental Rights, Directive Principles and Fundamental Duties: rights in Part III, principles in Part IV, duties in Part IVA.
  • A secular state, universal adult franchise, single citizenship, and independent bodies (Election Commission, CAG, UPSC and others).
  • Three-tier government: the Centre, the States and local government (panchayats and municipalities) after the 73rd and 74th Amendments of 1992.
  • Emergency provisions and a procedure for cooperative federalism.

Borrowed features (high-yield table)

  • Britain: parliamentary government, rule of law, single citizenship, the cabinet system, prerogative writs, parliamentary privileges, bicameralism.
  • United States: Fundamental Rights, independence of the judiciary, judicial review, impeachment of the President, removal of judges, post of Vice-President.
  • Ireland: Directive Principles of State Policy, the method of election of the President, nomination of members to the Rajya Sabha.
  • Canada: a federation with a strong Centre, vesting of residuary powers in the Centre, appointment of State Governors by the Centre, advisory jurisdiction of the Supreme Court.
  • Australia: the Concurrent List, freedom of trade and commerce, the joint sitting of the two Houses.
  • Germany (Weimar): suspension of Fundamental Rights during an emergency.
  • Soviet Union (erstwhile USSR): Fundamental Duties and the ideal of justice (social, economic and political) in the Preamble.
  • France: republic and the ideals of liberty, equality and fraternity.
  • South Africa: the procedure for amending the Constitution and the election of members of the Rajya Sabha.
  • Japan: the procedure established by law (the wording in Article 21).
  • Government of India Act 1935: federal scheme, office of Governor, judiciary, public service commissions, emergency provisions and administrative detail.

CAPF angle: the borrowed-features match is one of the most frequently set polity questions at this level. Memorise it as a table and rehearse the trickier pairs (Concurrent List from Australia, suspension of rights in emergency from Weimar Germany, amendment procedure from South Africa, "procedure established by law" from Japan).

Quick recall

  • Article 1: India, that is Bharat, is a Union of States (no "federation").
  • 73rd and 74th Amendments (1992): added the third tier.
  • Fundamental Rights and judicial review from the USA; Directive Principles from Ireland; Fundamental Duties from the USSR.

Next: ch 04 preamble. Previous: ch 02 making of the constitution. Full subject page: preamble and features of the constitution.

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