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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
CAPF wiki•3 min read•4 sections
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Book DigestPolityLaxmikanthSalient FeaturesBorrowed FeaturesFederalism
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.
- 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.
- 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).