Intro- Constitution according to Hood & Philip is, "a system of low defining composition of laws , defining various organs of government & their relation with private individuals"
Following are salient features of COI :
1. lengthiest constitution in the word :- With Article 395 ,22 Parts and 8 schedules originally. compare to only 7 Articles in US constitution , 128 Articles Australian and 147 Articles in Canadian constitution.
This Bulk is due to framers gained experience through all over world constitution workings to avoid loopholes in constitution
2.Nature of Constitution :- Established Sovereign, socialist, Democratic, Republic, Secular
Sovereign means no external control
Socialist added by 42nd Amendment to depict socialistic nature of the society,
Democratic means power of the state comes from people
Republic shows head of government is elected
Secular state has no religion
3.Parliamentary form of Government which adopted from British system.
where president works through Council of Ministers and not directly unlike US.
4.Unique blend of rigidity & flexibility :
The constitution of India lays method of Amendment where few provisions can be amended by simple , few by 2/3rd majority and few Special majority with ratification by 1/2 States U/A 368. written constitution usually rigid but COI id exception.
5. Fundamental Rights :
Part III (Art. 12-35) provides six kinds of fundamental rights such as Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and the Right to Constitutional Remedies.
6.Directive principles of state Policy :
DPSP is Part IV (36-50) of the constitution aims & objectives for the State governance.
7.A federation with strong centralizing tendency :
Indian Constitution is Quasi-federal in nature ; during emergency Centre Power to legislate state. Three list in schedule VII of the constitution Union, State and Concurrent in case of concurrent list Union laws prevail.
8. Adult suffrage :
Art. 326 provides every citizen above 18 can vote no discrimination based on gender, caste, creed etc.
9.Independent Judiciary :
Exercising Fundamental Rights is safeguarded by the independent & impartial judiciary with the power of Judicial review.
10.Secular state :
State doesn't recognize any particular religion as religion of state. but implied in preamble "liberty of belief, faith & worship & Art-25-28 provides Right to freedom of religion.
11.Single citizenship :
US has dual citizenship for Centre & state wise but in India only citizen of India not citizen of particular state.
12 Fundamental duties :
42nd Amendment Act, 1976 added Art. 51A (Part IVA) is constant reminder to every citizen of their duties adopted from Russian Constitution.
13 Separation of powers :-
Based on Montesquieu's Doctrine of Separation of Power where three bodies of government Executive, legislature & Judiciary
US is best example of separation of Power whereas England has Parliamentary supremacy.
U/A 50 of the constitution provides Judiciary is independent from Executive.
14 Rule of law :
No person shall be subjected to harsh, uncivilized & discriminatory treatment even with the objective of law & order enshrined u/A 14 of the constitution.
15 Judicial Review :
powers of courts to pronounce judgments upon constitutionality of legislative acts & power to refuse enforcement.
MK Gandhi "Power corrupts & absolute power"
Judicial review first recognized by Marbury vs Madison in US supreme court in 1800.
Even in the absence of provision for judicial review. In A.K. Gopalan vs St. of Madras it was held according Art. 13 Constitution is supreme in India
In Kesvananda Bharti care declared Judicial review as, basic structure.