Salient Features of Indian Constitution

 Salient Features of the Indian Constitution


The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives and basic principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives which flow from the Preamble.


Our Constitution has adopted the best features of most of the major constitutions of the world as per the needs of the country. Though borrowed from almost every constitution in the world, the constitution of India has several salient features that distinguish it from the constitutions of other countries.


This article lists the 18 major features of the constitution and comprehensively covers each of the features in the article.


1. Lengthiest Written Constitution

2. Drawn from Various Sources

3. Blend of Rigidity and Flexibility

4. Federal System with Unitary Bias

5. Parliamentary Form of Government

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

7. Rule Of Law

8. Integrated and Independent Judiciary

9. Fundamental Rights

10. Directive Principles of State Policy

11. Fundamental Duties

12. Indian Secularism

13. Universal Adult Franchise

14. Single Citizenship

15. Independent Bodies

16. Emergency Provisions

17. Three-tier Government

18. Co-operative Societies



Fundamental Rights


Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.


Why are they called Fundamental Rights?


These rights are called fundamental rights because of two reasons:


  1. They are enshrined in the Constitution which guarantees them

  2. They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.



Articles 12-35 (Part III of Indian Constitution)


Right to Equality (Article 14-18)

Right to Freedom (Article 19-22)

Right against Exploitation (Article 23-24)

Right to Freedom of Religion (Article 25-28)

Cultural and Educational Rights (Article 29-30)

Right to Constitutional Remedies (Article 32)


1. Right to Equality (Articles 14 – 18)


Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability.



2. Right to Freedom (Articles 19 – 22)


Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:


  1. Freedom of speech

  2. Freedom of expression

  3. Freedom of assembly without arms

  4. Freedom of association

  5. Freedom to practise any profession 

  6. Freedom to reside in any part of the country


Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them.


3. Right against Exploitation (Articles 23 – 24)


This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.



4. Right to Freedom of Religion (Articles 25 – 28)


This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions.



5. Cultural and Educational Rights (Articles 29 – 30)


These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.



6. Right to Constitutional Remedies (32 – 35)


The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.



Features of Fundamental Rights


  1. Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts. He or she should first approach the lower courts.


  1. Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and foreigners).


  1. Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are subject to the conditions of state security, public morality and decency and friendly relations with foreign countries.


  1. They are justiciable, implying they are enforceable by courts. People can approach the SC directly in case of violation of fundamental rights.


  1. Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution. 


  1. Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.


  1. The application of fundamental rights can be restricted in an area that has been placed under martial law or military rule.



Directive Principles of State Policy


The Sapru Committee in 1945 suggested two categories of individual rights.

One being justiciable and the other being non-justiciable rights. 

The justiciable rights, as we know, are the Fundamental rights, 

whereas the non-justiciable ones are the Directive Principles of State Policy.


Directive Principles are certain rules, specifically aiming at socio-economic justice, which according to the makers of the Indian Constitution should aim for.


Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are usually classified into three types-


  • Socialistic Principles,

  • Gandhian Principles and,

  • Liberal-Intellectual Principles.


Socialistic Principles

These are the principles which are said to be focused on the establishment of the egalitarian society.


Article 38

State to secure a social order for the promotion of welfare of the people

  • (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life

  • (2) The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. ( inserted by the 44th Constitutional Amendment Act 1978 )

Article 39

The State shall, in particular, direct its policy towards securing

  1. That the citizens, men and women equally, have the right to an adequate means to livelihood;

  2. That the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

  3. That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

  4. That there is equal pay for equal work for both men and women;

  5. That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

  6. That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment (added by the 42nd Amendment 1976).


Article 41

Right to work, to education and to public assistance in certain cases The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.


Article 42

Provision for just and humane conditions of work and maternity relief The State shall make provision for securing just and humane conditions of work and for maternity relief.


Article 43

Living wage, etc, for workers The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co operative basis in rural areas.


Article 43A

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry (added by the 42nd Constitution Amendment Act 1976).


Article 43(B)

The State to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (added by the 97thConstitution Amendment Act 2011).


Gandhian Principles

The principles which are said to be based on the ideology of Gandhi, are known as Gandhian Principles.


Article 40

The state provides for the establishment of Panchayat Raj Institutions and endows them with such powers and authority as may be necessary to enable them to function as units of self government. 


Article 43

The State shall endeavour to promote cottage industries on an individual or co operative basis in rural areas


Article 46

The state provides for promotion of educational and economic interests of SCs, STs and other weaker sections and protects them from social injustice and all forms of exploitation.


Article 47

imposes a primary duty on the state to raise the level of nutrition and standard of living, to improve public health and to prohibit consumption of intoxicating drinks and drugs injurious for health except for medicinal purposes. 


Article 48

directs the state to provide for the organization of agriculture and animal husbandry and prohibition of cow slaughter. 


Liberal Principles:

The principles which are said to be focused on providing equality, freedom as well as liberty in the Governance are said to be known as liberal principles.


Article 39 (A)

directs the state to provide to all equal access to justice and free legal aid, by suitable legislations or schemes or in any other way, to ensure that the opportunities for securing justice are not denied to any citizen by any reason of economic or other liabilities ( added by the 42nd Constitution Amendment Act 1976).


Article 44

directs the state to provide for establishment of a uniform civil code for the whole country.


Article 45

This article originally provided for free and compulsory education for all children up to the age of 14. 

The 86th Constitutional Amendment Act 2002 made education a Fundamental Right for children between ages 6 – 14 years, as a consequence of which article 45 was substituted by a new article providing for early child care and education to children.


Article 48A

The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country (added by the 42nd Constitution Amendment Act 1976).


Article 49

It directs the state to provide for protection of National monuments.


Article 50

It directs the state to take steps to separate judiciary from the executive.


Article 51 

  1. Promotion of international peace and Security

  2. Just and honourable relations between nations

  3. Respect for international  law and treaty obligations

  4. Settlement of international disputes. International treaties do not automatically become a part of the National Law.


Significance of Directive Principles of State Policy

The Directive Principles of State Policy plays a significant role because of the following features:

  • Directive Principles of State Policy are some instructions to the State for attaining socio-economic development.

  • Directive Principles of State Policy are positive. These principles increase the power and nature of the state.

  • Directive Principles aim to establish a welfare state by securing social and economic justice. These principles rely on social thinking.

  • Directive principles are essential for the socio-economic development of a country because welfare and justice are dual aims of our constitution.

  • Directive principles are significant in the governance of a country. The State should follow these principles for the progress of the country.

  • Directive principles aim to reflect public opinion and their determination. They are incorporated in the constitution to meet the aspiration of the people.

  • Directive Principles aim at establishing a welfare state by securing social and economic justice. These principles rely on social thinking.

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