Nature and Salient Features of Indian Constitution

A written, detailed and partly rigid Constitution: federal with a strong Centre, parliamentary, secular, with enforceable rights and judicial review

In one minute

The Indian Constitution is written, very detailed and partly rigid. It sets up a federal system with a strong Centre, a parliamentary government, an independent judiciary and a list of rights that courts enforce.

Exams ask for the salient features in two ways. One asks you to list and explain them. The other asks whether India is federal or unitary. Learn every feature with its Article.

Exam focus

Frequency: Frequently asked
Usually asked as: Both (long answer and short answer)

Legal provision

Preamble: India is a "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC". The words "SOCIALIST" and "SECULAR" and the phrase "unity and integrity" came from the 42nd Amendment of 1976 (in force from 3 January 1977).
Article 1(1): "India, that is Bharat, shall be a Union of States."
Article 13: a law inconsistent with Part III (Fundamental Rights) is void to the extent of the inconsistency.
Articles 32 and 226: the Supreme Court and the High Courts can issue writs to enforce rights.
Article 37: the Directive Principles in Part IV are not enforceable by any court, but are "fundamental in the governance of the country".
Article 51A: the Fundamental Duties of citizens, inserted by the 42nd Amendment.
Articles 74 and 75(3): a Council of Ministers aids and advises the President and is collectively responsible to the House of the People.
Article 246, Article 248 and the Seventh Schedule: the Union, State and Concurrent Lists divide legislative power. Parliament has the residuary power, which is the power over matters not in the State or Concurrent List.
Article 326: elections to the House of the People and State Assemblies are on adult suffrage. The voting age is eighteen, fixed by the 61st Amendment (in force from 28 March 1989).
Article 368: the power and procedure to amend the Constitution.
Articles 352, 356 and 360: proclamations of Emergency, failure of constitutional machinery in a State, and financial emergency.

Meaning and definition

The nature of a Constitution is its overall character: how it is made, how it can be changed and how it divides power. The salient features are the standout features that give the Constitution that character. Together they answer the question "What kind of Constitution is this?"

The main features are grouped below. Each has a step in the detailed explanation.

Salient features of the Indian ConstitutionHow to read this: start at the top box and follow the lines down. Each green box is one group of features, with its Articles.

The Indian Constitution
- Written, detailed, partly rigidArticle 368
- Federal with a unitary biasArticles 1, 3, 246, 248, 352, 356
- Parliamentary governmentArticles 74, 75(3)
- Rights, principles and dutiesPart III, Part IV, Article 51A
- Independent judiciary and judicial reviewArticles 13, 32, 226
- Secular democratic republic, adult suffragePreamble, Article 326

Detailed explanation

Step 1: written and detailed

India has a single written document, adopted by the Constituent Assembly on 26 November 1949. As first enacted it had 395 Articles in 22 Parts and 8 Schedules. It is among the longest written constitutions because it is elaborate. It covers services, tribunals, elections and the official language, not only the main organs of government.

Step 2: a federal system with a unitary bias

India is a federation in form. There are two levels of government, and the Constitution divides legislative power between them. Article 246 and the Seventh Schedule give the Union exclusive power over the Union List and the States exclusive power over the State List. Both can legislate on the Concurrent List. Disputes between the Government of India and a State go straight to the Supreme Court under Article 131.

The balance, however, has a strong bias towards the Centre.

Parliament can alter States' areas, boundaries and names by law (Article 3).
Parliament alone has the residuary power (Article 248; Entry 97 of the Union List).
If the Council of States passes a resolution by a two-thirds majority, Parliament may legislate on a State List matter in the national interest (Article 249).
The Governor is appointed by the President (Article 155).
The President can take over a State's government when constitutional machinery fails (Article 356), and Articles 352 and 360 give the Union wide powers in an Emergency.
All-India services are common to the Union and the States (Article 312).
There is one Constitution for the Union and the States, one citizenship and one integrated system of courts under the Supreme Court.

The Constitution says "Union of States" in Article 1. India is therefore often called quasi-federal (federal in form with a strong central bias).

Example. Parliament created Telangana out of Andhra Pradesh by an ordinary law, the Andhra Pradesh Reorganisation Act, 2014. The State of Andhra Pradesh could not stop it.

Step 3: parliamentary government

The President is the head of the Union and is elected by an electoral college (Article 54). The real executive is the Council of Ministers headed by the Prime Minister. It must advise the President and is collectively responsible to the House of the People (Articles 74 and 75(3)). The President may ask it to reconsider its advice, but must then act on the advice given after reconsideration (Article 74(1) proviso). The same pattern is repeated in each State with the Governor and the Chief Minister.

Step 4: Fundamental Rights, Directive Principles and Duties

Part III guarantees Fundamental Rights, and Article 13 makes a law void if it takes them away. The Supreme Court can enforce them under Article 32, and the High Courts under Article 226. Part IV lists the Directive Principles of State Policy, which guide the State but cannot be enforced by a court (Article 37). Article 51A lists the Fundamental Duties of citizens. It was inserted in 1976, and clause (k), on a parent's duty to give a child education, was added by the 86th Amendment of 2002.

Example. A citizen whose freedom of speech is cut by a State law goes to the High Court under Article 226 and asks it to strike the law down. A citizen cannot go to court merely because the State has not yet built a school, since the Directive Principles are not enforceable.

Step 5: independent judiciary and judicial review

The courts can test laws and executive action against the Constitution and set aside what conflicts with it. This is judicial review. It rests on Articles 13, 32, 226 and 246. The Supreme Court heads one integrated judicial system.

Step 6: a secular democratic republic with adult suffrage

The Preamble describes India as a sovereign, socialist, secular, democratic republic. The head of state is elected, not hereditary. Every citizen aged eighteen or more can vote, unless disqualified by law (Article 326). Caste, religion, sex and literacy play no part.

Step 7: partly rigid, partly flexible

The Constitution is partly rigid and partly flexible. It can be amended in three ways. Some changes need only a simple majority and are not amendments under Article 368. Examples are laws under Articles 3 and 4 and the creation or abolition of a State Legislative Council under Article 169. Most changes need the special majority in Article 368(2): a majority of the total membership of each House and two-thirds of the members present and voting. A few changes also need ratification by the Legislatures of at least half the States. These cover the manner of electing the President, the Lists in the Seventh Schedule, the representation of States in Parliament and Article 368 itself.

Step 8: the basic structure limit

Article 368(1) gives Parliament power to amend "by way of addition, variation or repeal". Article 368(3) says Article 13 does not apply to an amendment. Even so, the Court has held that this power has a limit. In Kesavananda Bharati v. State of Kerala, thirteen Judges wrote eleven opinions. The judgment has no single signed statement of the majority. In Minerva Mills, Chandrachud J records that a summary signed by nine Judges says Article 368 does not let Parliament alter the basic structure or framework of the Constitution. This is the basic structure doctrine.

Clauses (4) and (5) of Article 368 were inserted by the 42nd Amendment to bar any court from questioning an amendment. Minerva Mills Ltd. v. Union of India declared them invalid. They still appear in the printed text. The Court has also held that a Ninth Schedule law made after 24 April 1973 can be tested on the basic structure (I.R. Coelho v. State of Tamil Nadu).

Don't confuse: federal and unitary features

Point	Federal feature	Unitary feature
Government	Two levels, each with its own powers	One Constitution and one citizenship for all
Legislative power	Three Lists in the Seventh Schedule (Article 246)	Residuary power with Parliament (Article 248)
Territory	States are named in the First Schedule	Parliament can redraw them by law (Article 3)
Executive	A State Council of Ministers under a Chief Minister	Governor appointed by the President; Article 356
Courts	Supreme Court decides Union-State disputes (Article 131)	One integrated system of courts

Inside the concept (federal). The State Legislature alone makes laws on a State List subject, such as public order. Parliament cannot ordinarily take that power away.

Just outside it (unitary). The Council of States declares by a two-thirds resolution that a State List subject needs national legislation (Article 249). Parliament may then make a law on it for as long as the resolution lasts.

Common mistakes

Saying India is a pure federation. The Constitution itself calls it a "Union of States", and the Centre is stronger.
Saying the Directive Principles can be enforced by a court. Article 37 says they cannot.
Saying Parliament can amend anything. The basic structure limits it.

Apply it

Problem

Parliament passes a law uniting parts of two neighbouring States into one new State. Both State Legislatures object. A student says this proves India is not a federation. Is the law valid, and is the student right?

Issue. Can Parliament redraw State territory without the States' consent, and what does that say about India's federal nature?

Rule. Parliament may by law unite parts of States (Article 3). The Bill must be referred to the State Legislature for its views, but it need not accept them. Such a law is not an amendment under Article 368 (Article 4(2)). India does not rest on an agreement between States (State of West Bengal v. Union of India).

Application. The States have no right to remain as they are. This is a unitary feature. Legislative power is still divided by the Seventh Schedule, and courts settle disputes.

Conclusion. The law is valid. The student is partly right: India is federal in form with a strong unitary bias, not a pure federation.

Leading case laws

State of West Bengal v. Union of India (1963)
Facts. West Bengal challenged the Coal Bearing Areas (Acquisition and Development) Act, 1957, which let the Union acquire land owned by a State without its consent.

Principle. By 5:1, the Supreme Court upheld the Act. The Constitution does not create a federation by agreement between co-equal sovereign States. Both the Union and the States draw their powers from the Constitution. Subba Rao J dissented.

Why it matters. It is the leading authority that Indian federalism has a unitary bias.
Kesavananda Bharati v. State of Kerala (1973)
Facts. A religious head challenged Kerala land reform laws. The case grew into a challenge to the 24th, 25th and 29th Amendments.

Principle. Article 368 contains both the power and the procedure to amend, and an amendment is not "law" under Article 13(2). Several Judges hold that the power cannot destroy the basic structure or fundamental features. Other Judges find no implied limit. Cite each Judge's view.

Why it matters. It is the source of the basic structure doctrine, which Minerva Mills and I.R. Coelho later applied.
Minerva Mills Ltd. v. Union of India (1980)
Facts. Minerva Mills challenged the nationalisation of its textile undertaking and the 42nd Amendment's changes to Article 368 and Article 31C.

Principle. The Court struck down clauses (4) and (5) of Article 368, which gave Parliament unlimited amending power free from judicial review. A limited amending power is part of the basic structure.

Why it matters. It shows that even a valid constitutional amendment can be struck down.

How to write this answer in the exam

5-mark answer

Say the Constitution is written and one of the longest, with 395 Articles at the start.
List the main features in one line each: federal with unitary bias, parliamentary, rights and principles, judicial review, secular republic.
Give one Article for each feature.
Close with the amendment process and the basic structure.

10-mark answer

Meaning of nature and salient features.
Written and detailed Constitution.
Federal features, then unitary features, with Articles.
West Bengal v. Union of India.
Parliamentary form, with Articles 74 and 75(3).
Rights, Directive Principles and Duties; Article 37 and Article 51A.
Judicial review, adult suffrage and the secular republic.
Three ways to amend; Kesavananda Bharati and Minerva Mills; conclusion.

Key points to remember

Written Constitution adopted on 26 November 1949: 395 Articles, 22 Parts, 8 Schedules at the start.
Federal in form with a unitary bias, called quasi-federal: Articles 1, 3, 248, 249, 312, 352, 356.
Parliamentary: Council of Ministers collectively responsible to the House of the People (Article 75(3)).
Fundamental Rights are enforceable (Articles 32, 226). Directive Principles are not (Article 37). Duties are in Article 51A.
Voting age eighteen under Article 326 since the 61st Amendment (1989).
Three ways to amend: simple majority, special majority, special majority plus State ratification.
Basic structure: Kesavananda Bharati (1973); Minerva Mills struck down Article 368(4) and (5).

Quick self-test

1. Why is India called federal with a unitary bias?

It has two levels of government and divided legislative power, but Parliament can alter States (Article 3), holds the residuary power (Article 248), and the Centre has Emergency powers.

2. Which Article makes the Council of Ministers collectively responsible to the House of the People?

Article 75(3).

3. What did Minerva Mills decide about Article 368?

Clauses (4) and (5), which barred any court from questioning an amendment and claimed unlimited amending power, are invalid because they destroy the basic structure.