CHAPTER-2 SALIENT FEATURES OF INDIAN CONSTITUTION

CHAPTER - 2 SALIENT FEATURES OF INDIAN CONSTITUTION

Lengthiest Written Constitution

Constitutions are classified into written , like the American Constitution, or unwritten, like the British Constitution. The Constitution of India is the lengthiest of all the written constitutions of the world. It is a very comprehensive , elaborate and detailed document.
Originally (1949), a Preamble, 395 Articles (divided into 22 Parts) and 8 schedules. Presently, it consists of a Preamble, about 450 Articles (divided into 24 Parts) and 12 Schedules.

Drawn From Various Sources

B.R.Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’.
The Structural part of the Constitutions is, to a large extent, derived from the government of India Act of 1935. The philosophical part of the Constitution (the fundamental Rights and the Directive Principles of State Policy) derive their inspiration from the American and Irish Indian Constitution is a ‘borrowed Constitution’.

Blend of Rigidity and Flexibility

Constitutions are also classified into rigid and flexible. A rigid Constitution is one that requires a special procedure for its amendment.
The Constitutions of India is neither rigid nor flexible but a synthesis of both. Articles 368 provides for two types of amendments.

Federal System with Unitary Bias

Indian Constitution has been variously described as ‘federal in form but unitary in spirit’, ‘quasi-federal’ by K C Wheare, ‘bargaining federalism’ by Morris Jones, Co-operative federalism’ by Granville Austin, ‘federation with a centralizing tendency’ by Ivor Jennings , and so on.

Parliamentary Form of Government
Synthesis of Parliamentary Sovereignty and judicial Supremacy
Integrated and Independent Judiciary
Fundamental Rights
Directive Principles of State Policy
Fundamental Duties
A Secular State
Universal Adult Franchise
Single Citizenship
Independent Bodies
Eergency Provisions
Three –tier Government

Parts	Subject Matter	Articles
I	The Union and its territory	1 to 4
II	Citizenship	5 to 11
III	Fundamental Rights	12 to 35
IV	Directive Principles of State Policy	36 to 51
IV-A	Fundamental Duties	51-A
V	The Union Government Chapter I-The Executive Chapter II-Parliament Chapter III-Legislative Powers of President Chapter IV-The Union Judiciary Chapter V-Comptroller and Auditor – General of India	52 to 151 52 to 78 79 to 122 123 124 to 147 148 to 151
VI	The State Governments Chapter I-General Chapter II-The Executive Chapter III-The state legislature Chapter IV-Legislative Powers of Governor Chapter V- The High Courts Chapter VI-Subordinate Courts	152 to 237 152 153 to 167 168 to 212 213 214 to 232 233 to 237
VIII	The Union Territories	239 to 242
IX	The Panchayats	243 to 243-0
IX-A	The Municipalities	243-P to 243-ZG
X	The Scheduled and Tribal Areas	244 to 244-A
XI	Relations between the Union and the States Chapter I- Legislative Relations Chapter II-Administrative Relations	245 to 263 245 to 255 256 to 263
XII	Finance, Property, Contracts and Suits Chapter I-Finance Chapter II-Borrowing Chapter III-Property, Contracts, Rights, Liabilities, Obligations and Suits Chapter IV-Right to Property	264 to 300-A 264 to 291 292 to 293 294 to 300 300-A
XIII	Trade, Commerce and Intercourse within the Territory of India	301 to 307
XIV	Services under the Union and the States Chapter I-Services Chapter II- Public Service Commissions	308 to 323 308 to 314 315 to 323
XIV-A	Tribunals	323-A to 323-B
XV	Elections	324 to 329-A
XVI	Special Provisions relating to SCs, STs, OBCs and Anglo-Indians	330 to 342
XVII	Official Language Chapter I- Language of the Union Chapter II-Regional languages Chapter III-language of the Supreme Court, High Courts, and so on. Chapter IV-Special Directives	343 to 351 343 to 344 345 to 347 348 to 349 350 to 351
XVIII	Emergency Provisions	352 to 360
XIX	Miscellaneous	361 to 367
XX	Amendment Procedure	368
XXI	Special provisions	369 to 392
XXII	Short title, Commencement	393 to 395