Introduction
The Constitution of India is a remarkable document, unparalleled in its length and detail, reflecting the unique aspirations and challenges of a newly independent and diverse nation. Far from being a mere imitation of other constitutions, it is a thoughtfully crafted synthesis of best practices from various global constitutional experiences, blended with indigenous wisdom and responses to India's specific historical and socio-political context. This section delves into the diverse sources from which India "borrowed" its constitutional features, outlines its core salient characteristics, addresses common criticisms, and finally, illuminates the profound philosophical underpinnings enshrined in its Preamble, Fundamental Rights, and Directive Principles of State Policy.
1.4.1: Sources of the Constitution
The Indian Constitution is often described as a "bag of borrowings," but the framers critically examined, adapted, and synthesized features suitable for India's unique conditions.
Government of India Act, 1935
Major blueprint. Influenced Federal Scheme, Judiciary, Office of Governor, Emergency Provisions, Public Service Commissions, Administrative Details.
USA Constitution
Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of President/Judges, Post of Vice-President.
Irish Constitution
Directive Principles of State Policy (DPSP), Nomination of members to Rajya Sabha, Method of election of President.
Canadian Constitution
Federation with a strong Centre, Vesting of residuary powers in Centre, Appointment of state governors by Centre, Advisory jurisdiction of Supreme Court.
Australian Constitution
Concurrent List, Freedom of trade, commerce, and intercourse, Joint sitting of the two Houses of Parliament.
Weimar Constitution (Germany)
Suspension of Fundamental Rights during Emergency.
USSR (Russia) Constitution
Fundamental Duties, Ideal of justice (social, economic, political) in Preamble.
French Constitution
Republic, Ideals of liberty, equality, and fraternity in the Preamble.
South African Constitution
Procedure for amendment of the Constitution, Election of members of Rajya Sabha.
Japanese Constitution
Procedure established by Law (Article 21).
The Indian Genius: Adaptation & Innovation
The Constituent Assembly didn't just borrow; it adapted and innovated to suit Indian conditions. The Preamble, the nuanced balance between Fundamental Rights and Directive Principles, India's unique model of secularism (positive secularism), and the integration of princely states were distinctly Indian contributions, reflecting compromise and consensus.
Quick Reference: Borrowed Features
| Source Country/Act | Key Feature(s) Borrowed/Influenced |
|---|---|
| GoI Act, 1935 | Federal Scheme, Judiciary, Governor, Emergency Powers, PSCs |
| Britain | Parliamentary Government, Rule of Law, Single Citizenship, Writs |
| USA | Fundamental Rights, Judicial Review, Independence of Judiciary, Impeachment |
| Ireland | DPSP, Election of President, Rajya Sabha nominations |
| Canada | Strong Centre Federation, Residuary Powers, Gov. appointment, SC Advisory |
| Australia | Concurrent List, Freedom of Trade, Joint Sitting of Parliament |
| Germany (Weimar) | Suspension of FRs during Emergency |
| USSR (Russia) | Fundamental Duties, Ideals of Justice in Preamble |
| France | Republic, Ideals of Liberty, Equality, Fraternity |
| South Africa | Amendment Procedure, Rajya Sabha member election |
| Japan | Procedure established by Law |
1.4.2: Core Salient Features
Lengthiest Written Constitution
Originally 395 Articles, 8 Schedules; currently 470+ Articles, 12 Schedules, 25 Parts. Reasons: Vastness, GoI Act 1935 influence, single constitution for Centre & States, legal luminaries, detailed provisions.
Blend of Rigidity & Flexibility
Neither purely rigid (like US) nor purely flexible (like UK). Amends by special majority, special majority + state ratification, or simple majority of Parliament (Art 368).
Federal System with Unitary Bias
Dual Polity, Division of Powers, Written Constitution, Independent Judiciary (federal features). Strong Centre, Single Citizenship, Integrated Judiciary, Appointed Governor, All-India Services, Emergency Provisions (unitary bias). "Quasi-Federal" (K.C. Wheare), "Co-operative Federalism" (Granville Austin).
Parliamentary Form of Government
Westminster model: Nominal/real executives, majority rule, collective responsibility, PM leadership, dissolution of lower house. Adopted due to familiarity, preference for responsibility over stability, and accommodation of diversity.
Synthesis of Parliamentary Sovereignty & Judicial Supremacy
Blend of British (Parliament can amend) and American (Judicial Review). Basic Structure Doctrine (Kesavananda Bharati case, 1973) ensures balance, preventing parliamentary overreach while respecting amendment power.
Integrated & Independent Judiciary
Single system of courts (SC at apex). Independence ensured by security of tenure, fixed service conditions, expenses on Consolidated Fund, prohibition on discussion of judge's conduct, power to punish for contempt, separation from executive.
Universal Adult Franchise
Voting right to every citizen 18+ (reduced from 21 by 61st Amendment, 1988) without discrimination. A bold, progressive step for a diverse, newly independent nation.
Single Citizenship
Every Indian is a citizen of India, regardless of state. Promotes national unity and integrity, unlike dual citizenship in the US.
Independent Bodies
Provisions for independent bodies like Election Commission (EC), Comptroller and Auditor General of India (CAG), Union Public Service Commission (UPSC), and State Public Service Commissions (SPSCs) to safeguard democratic principles and ensure smooth governance.
Emergency Provisions
To deal with extraordinary situations: National (Art 352 - war, armed rebellion), State (Art 356 - failure of machinery), Financial (Art 360). Converts federal structure into unitary during emergencies.
Three-tier Government
Originally dual polity. 73rd (Panchayats, Part IX, 11th Schedule) & 74th (Municipalities, Part IXA, 12th Schedule) Amendments of 1992 established a third tier of local self-government, deepening democracy.
Co-operative Societies
97th Amendment Act of 2011 gave constitutional status: Right to form co-operative societies (Art 19 FR), new DPSP (Art 43B), new Part IXB (243ZH to 243ZT).
1.4.3: Criticism of the Constitution
Un-Indian / Carbon Copy
Criticism:
Alleged to be a "borrowed Constitution" or "patchwork" of foreign constitutions, lacking originality or indigenous spirit.
Counter-argument:
Features were adapted to Indian conditions. Underlying philosophy (Preamble, DPSP, secularism) was profoundly Indian. Pragmatic choice to learn from global experience.
Un-Gandhian
Criticism:
Did not incorporate Gandhian principles like village panchayats, cottage industries, and decentralized governance structure.
Counter-argument:
DPSP (Art 40, 43) reflects Gandhian ideals. Later 73rd and 74th Amendments gave constitutional recognition to local self-governments, fulfilling a key Gandhian vision.
Elephantine Size
Criticism:
Its extreme length and detail made it cumbersome and rigid.
Counter-argument:
Detailed provisions were necessary for India's vast diversity, complex administrative structure, and to avoid future ambiguities and judicial interpretation, especially for a newly independent nation.
Paradise of Lawyers
Criticism:
Legalistic language and complexity made it difficult for common person to understand, giving excessive power to lawyers and judiciary.
Counter-argument:
Presence of legal luminaries ensured precision, clarity, and legal soundness, crucial for a supreme law. Legalistic language is characteristic of modern constitutional documents designed for effective governance.
1.4.4: Philosophy of the Constitution
The philosophy of the Indian Constitution is rooted in the ideals of the freedom struggle and the vision of its framers for a just, equitable, and democratic society.
The Preamble: Soul of the Constitution
- Summary: Introduction or preface, summarizing spirit, goals, philosophy (based on Objectives Resolution).
- Key Ideals: Sovereign, Socialist (42nd Amend), Secular (42nd Amend), Democratic, Republic.
- Core Values: Justice (Social, Economic, Political), Liberty (thought, expression, belief, faith, worship), Equality (status, opportunity), Fraternity (brotherhood, dignity, unity).
- Significance: Guiding star for interpretation, reflects aspirations of Indian people.
Fundamental Rights (FRs): Political Democracy
- Purpose: Part III (Arts 12-35). Guarantee civil liberties, promoting political democracy.
- Nature: Justiciable (enforceable by courts - Art 32).
- Limitations: Not absolute; subject to reasonable restrictions.
- Role: Act as limitations on state power, ensuring limited government and protecting individual liberty.
Directive Principles of State Policy (DPSPs): Socio-Economic Democracy
- Purpose: Part IV (Arts 36-51). Aim at establishing a welfare state, promoting social and economic democracy.
- Nature: Non-justiciable (cannot be enforced by courts). Fundamental in governance.
- Role: Positive obligations on state to promote justice (e.g., right to work, education, living wage, environment protection). Moral compass for policy-making.
Interplay of FRs and DPSPs
- Harmony: Political democracy (FRs) needs socio-economic justice (DPSPs) for true democracy.
- Supreme Court: Emphasized balance as part of Basic Structure (Minerva Mills case, 1980). Complementary, not contradictory.
- Fundamental Duties (FDs): Part IV-A (Art 51A), 42nd Amend (1976). Non-justiciable like DPSPs, reminding citizens of their duties.
Prelims-ready Notes
- GoI Act 1935: Federal scheme, Judiciary, Governor, Emergency, PSCs.
- British: Parliamentary govt, Rule of Law, Single citizenship, Writs.
- US: FRs, Judicial Review, Ind. Judiciary, Impeachment.
- Irish: DPSP, RS nomination, President election method.
- Canadian: Strong Centre federation, Residuary powers, Gov. appointment by Centre, SC advisory.
- Australian: Concurrent List, Freedom of trade, Joint sitting.
- Weimar (Germany): Suspension of FRs during Emergency.
- USSR: FD, Justice ideals in Preamble.
- French: Republic, Liberty, Equality, Fraternity in Preamble.
- South Africa: Amendment procedure, RS member election.
- Japanese: Procedure established by Law.
- Lengthiest Written Constitution: Diversity, GoI Act 1935, single constitution, legal experts.
- Blend of Rigidity & Flexibility: Art 368.
- Federal System with Unitary Bias: Dual polity, power division (federal), but strong Centre (single citizenship, integrated judiciary, emergency).
- Parliamentary Form: Westminster model, nominal/real executive, collective responsibility, PM leadership.
- Synthesis of Parliamentary Sovereignty & Judicial Supremacy: Parliament amends, SC reviews (Basic Structure Doctrine).
- Integrated & Independent Judiciary: Hierarchical, protected tenure, fixed conditions.
- Fundamental Rights (Part III): Justiciable, promote political democracy.
- DPSP (Part IV): Non-justiciable, promote social/economic democracy, welfare state.
- Fundamental Duties (Part IV-A): 42nd Amendment, 1976 (Swaran Singh), non-justiciable.
- Secular State: 'Secular' added by 42nd Amendment (1976), positive secularism.
- Universal Adult Franchise: Voting age 18 (61st Amendment, 1988, from 21).
- Single Citizenship: Promotes unity.
- Independent Bodies: EC, CAG, UPSC, SPSC.
- Emergency Provisions: National (352), State (356), Financial (360).
- Three-tier Government: Panchayats (73rd Amend), Municipalities (74th Amend), 1992.
- Co-operative Societies: 97th Amend, 2011 (FR, DPSP, Part IXB).
- Un-Indian / Carbon Copy: Adapted, not copied; indigenous philosophy (Preamble, DPSP, secularism).
- Un-Gandhian: DPSP included Gandhian ideals; 73rd/74th Amendments fulfilled local self-governance.
- Elephantine Size: Necessary for diversity, complex administration, and to avoid ambiguity.
- Paradise of Lawyers: Legalistic language ensures precision and soundness, characteristic of supreme laws.
- Preamble: Sovereign, Socialist, Secular, Democratic, Republic; Justice, Liberty, Equality, Fraternity (from Objectives Resolution).
- FRs: Political democracy, individual liberty, limits on state, justiciable.
- DPSPs: Social/economic democracy, welfare state, state guidelines, non-justiciable.
- Harmony: FRs & DPSPs are complementary (Minerva Mills case), forming holistic vision.
Mains-ready Analytical Notes
Indian Constitution - A Unique Synthesis
- Borrowing was selective adaptation.
- Blend of federalism with unitary bias, parliamentary system with judicial review, positive secularism exemplify uniqueness.
- Makes it a 'living document'.
Rationale for Borrowing
- Pragmatic adoption of successful models to save time and avoid errors.
- Experienced with GoI Act 1935.
- Addressing challenges: partition, poverty, illiteracy, diversity.
Critiques and Their Validity
- Criticisms (e.g., 'un-Indian', 'elephantine') often overlook practical constraints and framers' foresight.
- Detailed nature to avoid ambiguities in a vast, diverse nation.
- 'Gandhian' elements integrated into DPSP and later amendments.
Significance of the Preamble
- Soul of the Constitution, embodying core values.
- Amendable but basic structure non-violable (Kesavananda Bharati case).
- Highlights its fundamental importance as guiding light.
Balance of Rights and Duties (FRs, DPSPs, FDs)
- Holistic vision of citizenship: rights balanced by duties.
- Political rights (FRs) complemented by socio-economic goals (DPSPs).
- Commitment to individual liberty and collective welfare.
Evolution of Features
- Three-tier government and co-operative societies demonstrate flexibility.
- Capacity for evolution through amendments to meet contemporary needs.
- Deepens democratic governance.
Contemporary Relevance
- Federalism Debates: Ongoing Centre-state tensions test 'unitary bias' vs. 'federal spirit'.
- Judicial Activism vs. Restraint: Continuous dialogue on 'synthesis of parliamentary sovereignty and judicial supremacy'.
- Secularism in modern India: 'Positive secularism' challenged by communal tensions.
- Welfare State Objectives: Implementation of DPSPs through schemes (MGNREGA, Ayushman Bharat).
Current Affairs & Recent Developments
Electoral Bonds Scheme Judgment (Feb 2024)
SC struck down scheme for violating Right to Information (Art 19(1)(a)) and principle of free & fair elections. Reinforces FRs significance and Judiciary's role in upholding democratic principles. Demonstrated Judicial Supremacy aspect.
Article 370 Abrogation Upholding (Dec 2023)
SC verdict on Article 370 (J&K) reignited debates on Federalism with Unitary Bias, Centre's powers over states, and amendment process. Re-emphasized Parliament's sovereignty within constitutional framework, affirming basic structure.
New Criminal Laws (Dec 2023)
Replacement of colonial-era IPC, CrPC, Evidence Act reflects 'decolonization' and re-emphasis on justice, victim-centric approach. Legislative changes by Parliamentary Form of Government show ongoing evolution of legal frameworks.
Cooperative Federalism Initiatives
Ongoing role of GST Council and NITI Aayog facilitating Centre-state cooperation (fiscal federalism, health, education) exemplifies practical application of India's federal system with unitary bias and 'cooperative federalism'.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. UPSC CSE 2021: A law made by Parliament for the purposes of enabling the exercise of Fundamental Rights can be placed in the Ninth Schedule of the Constitution of India. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgment can be made on it.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Answer: (d)
Hint: Statement 1 is incorrect as placement in the Ninth Schedule is not limited to laws enabling FRs. Statement 2 is incorrect due to the I.R. Coelho case (2007) which stated that laws placed in the Ninth Schedule after April 24, 1973 (Kesavananda Bharati date) are open to judicial review if they violate the basic structure. This tests the Synthesis of Parliamentary Sovereignty and Judicial Supremacy.
2. UPSC CSE 2020: In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?
(a) Protection against the tyranny of political rulers. (b) Absence of restraint. (c) Opportunity to do whatever one likes. (d) Opportunity to develop oneself fully.
Answer: (d)
Hint: This question tests the philosophical understanding of 'Liberty' as enshrined in the Preamble and Fundamental Rights, reflecting a positive interpretation of freedom for self-realization rather than mere absence of restrictions.
3. UPSC CSE 2017: Which of the following statements is/are correct regarding the Preamble of the Indian Constitution?
1. The Preamble is based on the 'Objectives Resolution' moved by Jawaharlal Nehru in 1946.
2. It is enforceable in courts of law.
Select the correct answer using the code given below:
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Answer: (a)
Hint: The Preamble is non-justiciable and cannot be enforced in courts of law. This directly tests the philosophical underpinnings as reflected in the Preamble.
Mains Questions
1. UPSC CSE 2022 (10 marks): "Discuss the role of the President of India as the guardian of the Constitution."
Direction: While focusing on the President's role, the answer should implicitly connect to salient features like the Parliamentary Form of Government (President as nominal head), Emergency Provisions (President's powers during emergencies), and the Federal System with Unitary Bias (President's role in State Emergency/Governor's appointment). The President acts as a check and balance within the constitutional framework.
2. UPSC CSE 2020 (15 marks): "Indian Constitution exhibits a unique blend of federalism and unitarism. Elaborate."
Direction: Directly addresses the 'Federal System with Unitary Bias'. Discuss both federal features (dual polity, division of powers, written constitution, independent judiciary, bicameralism) and unitary features (strong Centre, single citizenship, integrated judiciary, appointment of Governor, All-India Services, emergency provisions, Parliament's power over states). Conclude by explaining why this blend was chosen for India's diversity and unity.
3. UPSC CSE 2019 (15 marks): "What are the methods used by the Indian Constitution to ensure the independence of the Judiciary?"
Direction: This question directly targets the 'Integrated and Independent Judiciary' salient feature. Explain various constitutional provisions: security of tenure, fixed service conditions, salaries charged on CFI, prohibition on post-retirement practice, power to punish for contempt, separation from executive, etc.
Original MCQs for Prelims
1. Which of the following provisions of the Indian Constitution were inspired by the Constitution of South Africa?
- Procedure for amendment of the Constitution
- Election of members of Rajya Sabha
- Suspension of Fundamental Rights during Emergency
Select the correct answer using the code given below:
(a) 1 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3
Answer: (b)
Explanation: The Constitution of South Africa inspired the procedure for amendment of the Constitution and the election of members of Rajya Sabha. The suspension of Fundamental Rights during Emergency was inspired by the Weimar Constitution of Germany.
2. Consider the following statements about the 'Secular' feature of the Indian Constitution:
1. The term 'Secular' was explicitly added to the Preamble by the 42nd Constitutional Amendment Act.
2. The Indian model of secularism mandates a strict separation between the state and religious institutions.
3. The Constitution provides for state intervention in religious affairs to bring about social reform.
Which of the statements given above is/are correct?
(a) 1 only (b) 1 and 2 only (c) 1 and 3 only (d) 1, 2 and 3
Answer: (c)
Explanation: Statement 1 is correct. Statement 2 is incorrect; the Indian model is 'positive secularism' (equal respect for all religions), not strict separation as in the Western model. Statement 3 is correct; the state can intervene to promote social reform (e.g., temple entry laws, abolition of Sati).
Original Descriptive Questions for Mains
1. "The Indian Constitution is a blend of borrowed features, yet it possesses a distinct Indian character." Elucidate this statement, focusing on how the Constituent Assembly adapted borrowed provisions to suit India's unique socio-political context. (15 marks)
Key Points/Structure:
- Introduction: Acknowledge the 'borrowed' nature, but immediately assert the unique 'Indian character'.
- Borrowed Features (Briefly): Mention a few key borrowings from different countries (e.g., UK - parliamentary, US - FRs, Canada - strong Centre, GoI Act 1935 - structural).
- Adaptation and Indian Character:
- Federalism: Distinct from classical federations, designed for unity in diversity.
- Parliamentary System: Adapted for responsibility over stability, suitable for diverse polity.
- Secularism: Indian positive secularism vs. Western negative secularism.
- Fundamental Rights and DPSPs: Unique balance for political and socio-economic democracy.
- Preamble: Reflects India's aspirations (Justice, Liberty, Equality, Fraternity, Socialist, Secular).
- Universal Adult Franchise: Bold, indigenous move.
- Single Citizenship: For national unity.
- Rationale for Adaptation: Explain reasons (historical experience, diversity, strong Centre, socio-economic transformation).
- Conclusion: A 'living document' synthesizing global best practices with indigenous needs.
2. "The Preamble, Fundamental Rights, and Directive Principles of State Policy collectively embody the philosophical core of the Indian Constitution." Discuss this statement, highlighting the interplay between these three components in shaping India's commitment to a welfare state and social justice. (10 marks)
Key Points/Structure:
- Introduction: Introduce Preamble, FRs, DPSPs as philosophical pillars.
- Preamble as the Guiding Philosophy: Ideals (Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality, Fraternity). Broad goals and vision.
- Fundamental Rights: Political Democracy and Liberty: Ensure individual liberties, limit state power, promote political democracy.
- Directive Principles of State Policy: Social and Economic Democracy: Positive obligations for socio-economic justice, welfare state. Examples: Right to work, equal pay.
- Interplay and Harmony: FRs for political freedom, DPSPs for socio-economic transformation (Minerva Mills case). State balances and implements both.
- Commitment to Welfare State and Social Justice: Combined effect creates dynamic state protecting freedoms while striving for welfare. Holistic democracy.
- Conclusion: Inextricably linked, guiding state towards just, equitable, inclusive society.