Salient Features | PSIR Optional for UPSC (Notes) PDF Download

The Constitution 

The Modern State and its Constitution:

• The Modern State aims to ensure the welfare of its citizens.
• To achieve this, it is important to have a government with the right powers and functions.
• The document that outlines the laws and rules for the government is called a Constitution.
• The Constitution deals with two main aspects:
• Relationship between different levels of government (such as central and local governments).
• Relationship between the government and its citizens.
• It is the fundamental law of the State and lays down its objectives.
• The Constitution also provides the framework for government structures and organs at different levels.
• Additionally, it describes the rights and duties of citizens.
• Overall, the Constitution is the basis for governance, setting goals and objectives, as well as defining structures and functions.

The Constituent Assembly 

Framing of the Constitution of India:

• The Constitution of India was created by the Constituent Assembly, which was formed in 1946.
• Members of the Assembly were indirectly elected by the members of the existing Provincial Assemblies, and some were nominated by the rulers of the Princely States.
• After India gained independence, the Constituent Assembly became a fully sovereign body.
• Following the partition of India in 1947, the Assembly had 299 members as of December 31, 1947. Of these,229 members were elected by the provincial assemblies, and the rest were nominated by the princely states.
• The majority of the members belonged to the Congress party, and all the prominent leaders of the freedom movement were part of the Assembly.

Working of the Constituent Assembly

Constituent Assembly and the Drafting of the Constitution:

• The Constituent Assembly was led by Dr. Rajendra Prasad, who was elected as its President.
• The Assembly relied on various committees and sub-committees to assist in its work.
• There were two types of committees:

• Procedural Committees: These focused on matters related to the procedures of the Assembly.

• Issue-based Committees: These dealt with important substantive issues.

• An additional Advisory Committee provided external guidance.
• The most crucial committee was the Drafting Committee, chaired by Dr. B.R. Ambedkar. Its main task was to prepare the draft of the Constitution.
• The Constituent Assembly met for 166 days over a period of nearly 3 years.
• The procedure in the Assembly resembled that of a legislative body, which will be discussed in detail in later lessons on Parliament and legislative Assemblies.
• The leaders of the Assembly aimed for general agreement on various issues, keeping the aspirations of the people in mind when making decisions. Consensus was a key goal throughout the process.

Objectives of The Constitution

Background of the Constitution:

• The Constitution of India was created after 200 years of colonial rule, a strong freedom struggle, the national movement, the partition of the country, and widespread communal violence.
• The framers were focused on the aspirations of the people, the unity and integrity of the country, and the goal of establishing a democratic society.
• Despite having members with different ideological views, including socialists and those with Gandhian perspectives, the Assembly members shared a liberal outlook and were united in their aim to create a Constitution that reflected the cherished ideals of the Indian people.

Objectives Resolution:

• To avoid disagreements, a consensus was sought on various issues. This was achieved through the Objectives Resolution proposed by Jawaharlal Nehru on December 17, 1946.
• The resolution was nearly unanimously adopted on January 22, 1947, and guided the Assembly in its work.

Completion and Implementation:

• The Constituent Assembly completed its work on November 26, 1949.
• The Constitution came into effect on January 26, 1950, marking the day India became a Republic.
• This date was significant as it was exactly twenty years after the first Independence Day celebration on January 26, 1930, as decided by the Lahore session of the Congress in 1929.

The Preamble

Preamble of the Indian Constitution: 

• The Preamble is like the introduction to a book, explaining the purposes and objectives of the Indian Constitution.
• It outlines the guidelines and key principles of the Constitution.
• The Preamble describes the Indian State as Sovereign, Socialist, Secular, and Democratic Republic.
• It ensures Justice for all citizens in social, economic, and political aspects.
• It guarantees Liberty of thought, expression, belief, faith, and worship.
• It promotes Equality of status and opportunity for all.
• It fosters Fraternity to assure individual dignity and national unity and integrity.

Key Objectives of the Preamble:

• Description of Indian State: The Preamble describes the Indian State as a Sovereign, Socialist, Secular, and Democratic Republic. The terms "Socialist" and "Secular" were added by the 42nd Amendment in 1976.
• Justice for All Citizens: The Preamble ensures justice for all citizens in social, economic, and political aspects.
• Liberty: It guarantees liberty of thought, expression, belief, faith, and worship to all citizens.
• Equality: The Preamble promotes equality of status and opportunity for all individuals.
• Fraternity: It emphasizes fraternity to assure the dignity of the individual and the unity and integrity of the nation.

Sovereign, Socialist, Secular, Democratic Republic

Key Features of the Indian Constitution:

• Sovereignty: The Indian Constitution ensures that India is a sovereign nation, meaning it has the ultimate authority to govern itself without interference from external forces. This sovereignty allows India to make its own laws, policies, and decisions, both domestically and internationally.
• Socialist: Introduced in the 42nd Amendment of 1976, the term "socialist" in the Constitution reflects India's commitment to economic equality and social justice. It signifies the government's role in reducing inequalities, providing basic necessities, and ensuring equal pay for equal work. These principles are further elaborated in the Directive Principles of State Policy.
• Secularism: Secularism in India means that the state treats all religions equally without favoring or discriminating against any. There is no official state religion, allowing individuals the freedom to practice their religion. This principle ensures that the government remains neutral in religious matters while upholding the rights of all citizens, regardless of their faith.
• Democratic Republic: The Constitution establishes India as a democratic republic, where the government is elected by the people and accountable to them. The Preamble emphasizes that the Constitution is adopted by the people of India, reflecting democratic principles like universal adult franchise, elections, and fundamental rights. As a republic, India has an elected head of state, the President, rather than a hereditary ruler, ensuring that leadership is chosen by the people.

Justice, Liberty and Equality

Struggle for Freedom and Its Ideals:

• The struggle for freedom in India was not just against British rule; it aimed to restore the dignity of all people, eliminate poverty, and end exploitation. These strong motivations led the framers of the Constitution to emphasize Justice, Liberty, and Equality for all citizens.
• Justice means ensuring people get what they are entitled to, such as basic rights to food, clothing, housing, and participation in decision-making, all while living with dignity. The Preamble addresses social, economic, and political justice, including political justice through universal adult franchise and representative democracy.
• Liberty in the Preamble includes freedom of thought and expression, guaranteed through Fundamental Rights. While freedom from want is not explicitly guaranteed, some directives to the State are mentioned in the Directive Principles.
• Equality is central to modern democratic ideology. The Constitution aims to eliminate inequalities based on caste, gender, and other factors, ensuring all citizens are treated equally and protected by law without discrimination. Equality of opportunity means everyone has the same chance to develop their talents and choose their means of livelihood, regardless of their socio-economic background.

Fraternity, Dignity, Unity and Integrity

Constitutional Concerns and the Preamble's Significance:

• In the context of India's diverse society, marked by multiple languages, cultures, and religions, the framers of the Constitution were deeply concerned about the unity and integrity of the newly independent nation, especially considering the recent partition.
• There was a pressing need to ensure harmonious co-existence among various groups, including different religions, languages, cultures, and economic classes. This concern is reflected in the Preamble through phrases like 'dignity of individuals,' 'fraternity among people,' and 'unity and integrity of the nation.'
• An egalitarian society is one that is committed to meeting the needs of all its members and reducing inequalities. The Preamble envisions a humane, democratic, secular, and egalitarian state that seeks to fulfill the minimum requirements of all citizens.
• Although the Preamble is not a part of the Constitution, it has always been respected and regarded by the courts when interpreting the Constitution, highlighting its importance and relevance.

Salient Features of The Constitution

In this section, we will explore the key features of the Indian Constitution, which reflect the principles and goals outlined in the Preamble. These features demonstrate the framers' faith in the ideals and objectives of the Constitution.

A Written Constitution:

1. The Indian Constitution is primarily a written document, created at a specific time and coming into force on a fixed date.
2. It was framed over a period of 2 years, 11 months, and 18 days, adopted on November 26, 1949, and enforced on January 26, 1950.
3. While it is mainly an enacted document, certain important bodies or institutions, like the Planning Commission, are not explicitly included in the Constitution but play a vital role in governance.
4. The Indian Constitution is the longest in the world, with the original document containing 395 Articles and 8 Schedules. In contrast, the United States Constitution has only 7 Articles.

Conventions and Practices:

1. Over time, certain conventions have evolved that are not written in the Constitution but are important for its functioning.
2. For example, the British Constitution is unwritten but has proven effective.

A Combination of Rigidity and Flexibility

Amending Procedure in the Indian Constitution:

• Rigidity vs Flexibility: The Indian Constitution is a mix of rigidity and flexibility. A constitution is considered rigid if amending it is difficult, like in the USA, Switzerland, and Australia. In contrast, the British Constitution is flexible due to its simple amendment process.
• Three Categories of Amendments: The Indian Constitution has three categories for amendments:
• Simple Majority Amendment: This requires a simple majority of the members present and voting in both Houses of Parliament. Once passed, it is sent for the President's assent.
• Special Majority Amendment: This amendment needs a special majority in each House of Parliament. It must be passed by a majority of the total members in each House and by two-thirds of the members present and voting. Once passed, it is sent to the President for assent, which cannot be denied.
• Special Majority with State Approval: This amendment requires the same special majority as in the second category, but it also needs approval from at least 50% of the State legislatures. This process is the most difficult.
• Federal Polity in India India has a federal structure with two levels of government: the Union or Central Government and individual State Governments. This is different from a unitary system, like that of the United Kingdom, where there is only one central government.
• Union of States: The Indian Constitution refers to the country as a "Union of States" rather than a federal state. Powers are distributed between the Central Government and State Governments through three lists: Union List, State List, and Concurrent List.
• Supremacy of Judiciary: The judiciary's supremacy is crucial in a federation to interpret the constitution impartially. In India, the Supreme Court protects the constitution.
• Central Government Powers: In Indian federalism, the Central Government has more powers in administrative, legislative, financial, and judicial matters. Despite this, India has some unitary features, such as the appointment of State Governors by the Central Government and a single unified judiciary.
• Quasi-Federal Setup: India's federal setup is considered quasi-federal due to the dominance of the Central Government and the unitary features present in its structure.

Parliamentary Democracy in India:

• India follows a parliamentary system of democracy, inspired by the British system.
• In this system, there is a close relationship between the legislature(Parliament) and the executive(the Cabinet). The Cabinet is chosen from the members of the legislature and is responsible to it.
• The Cabinet remains in power as long as it has the confidence of the legislature.
• The Head of State in India is the President, who has various powers according to the Constitution. However, in practice, these powers are exercised by the Council of Ministers, led by the Prime Minister.
• The President acts on the advice of the Prime Minister and the Council of Ministers.

Fundamental Rights and Duties in India:

• Fundamental Rights are essential guarantees provided by the Constitution to all citizens, ensuring their basic freedoms and rights. There are six Fundamental Rights, which are legally enforceable and protected by the judiciary. If any of these rights are violated, individuals can approach the courts for protection.
• Fundamental Duties were added to the Constitution through the 42nd Amendment. They outline a set of ten duties that every citizen is expected to uphold. While Fundamental Rights are guarantees for individuals, Fundamental Duties are obligations that citizens are required to fulfill.