Concept & Salient Features of the Constitution of India (UPSC Polity)
Constitution, Constitutionalism & How India Is Classified
🎯 Exam priority: Important. The "salient features" chapter is a Prelims evergreen — the source-country of "borrowed features", the federal-vs-unitary balance, and exact counts (Articles, Parts, Schedules) are asked again and again, and the 2026 Prelims tested Article 13's definition of "law" and the Constitution's official names. Learn the list of features, the borrowed-sources table, and the current numbers.
A constitution is the fundamental, supreme law of the land — it lays down the framework of government, distributes and limits power, and guarantees citizens' rights. Constitutions are classified three ways, and India's place in each tells you what kind of document it is.
Constitution & Constitutionalism
The word "constitution" comes from the Latin constituere, "to establish". But having a constitution is not the same as constitutionalism — the doctrine of limited government, the antithesis of arbitrary power. A country can have a written constitution yet lack constitutionalism (a dictatorship with a sham document); constitutionalism means power is genuinely checked by law, with the rule of law, separation of powers, an independent judiciary and protected rights. India's Constitution embodies constitutionalism, not just a constitution.
James Bryce gave the classic classification of constitutions into rigid and flexible, and into evolved (grown over time, like Britain's) and enacted (deliberately made, like India's and the USA's).
What a Constitution Is — and how India is classified
Written vs unwritten: a written constitution has its provisions in one codified document (USA, India); an unwritten one is scattered across statutes, conventions and judgments (UK). India is written.
Rigid vs flexible: a rigid constitution needs a special amendment procedure (USA); a flexible one is amended like an ordinary law (UK). India is a synthesis of both (Article 368 provides more than one amendment method).
Federal vs unitary: a federal constitution divides power between a centre and units that operate independently (USA); a unitary one concentrates power in the centre (UK). India contains both — described as "quasi-federal" by K.C. Wheare.
The Lengthiest Written Constitution in the World
India's Constitution is famous for two things above all — its sheer length, and how much it borrowed.
The Lengthiest Written Constitution in the World
The Constitution of India is the lengthiest written constitution of any sovereign country. Originally (1949) it had a Preamble, 395 Articles in 22 Parts, and 8 Schedules. After decades of amendment it now has a Preamble, about 470 Articles in 25 Parts, and 12 Schedules (amendments since 1951 deleted about 20 Articles and added about 95 Articles, four Parts — IVA, IXA, IXB, XIVA — and four Schedules — 9, 10, 11, 12).
Why so long? (i) the country's vast size and diversity; (ii) the single document governing both the Centre and the States (the USA leaves state constitutions separate); (iii) the bulky Government of India Act, 1935 as its base; and (iv) the framers' wish to spell out administrative detail to avoid future ambiguity. It contains not just principles of governance but minute detail — hence its length.
Drawn from Various Sources — the 'Borrowed Features'
Dr B.R. Ambedkar candidly admitted the Constitution was assembled after "ransacking" the constitutions of the world — and knowing which feature came from where is one of UPSC's favourite questions.
Drawn from Various Sources — the "Borrowed Features"
The single biggest source is the Government of India Act, 1935 — more than half the provisions: the federal scheme, office of Governor, judiciary, Public Service Commissions, emergency powers and most administrative details. The rest were drawn from constitutions around the world.
Source | Borrowed features |
Government of India Act, 1935 | Federal scheme, Governor, judiciary, PSCs, emergency provisions, administrative details |
British Constitution | Parliamentary government, rule of law, single citizenship, cabinet system, prerogative writs, bicameralism, law-making procedure |
US Constitution | Fundamental Rights, judicial review, independence of judiciary, impeachment of President, removal of judges, post of Vice-President, Preamble |
Irish Constitution | Directive Principles of State Policy, nomination of members to Rajya Sabha, method of presidential election |
Canadian Constitution | Federation with a strong Centre, residuary powers with the Centre, appointment of state Governors by the Centre, advisory jurisdiction of the Supreme Court |
Australian Constitution | Concurrent List, joint sitting of the two Houses, freedom of trade, commerce and intercourse |
German (Weimar) Constitution | Suspension of Fundamental Rights during an emergency |
Soviet (USSR) Constitution | Fundamental Duties, the ideal of justice (social, economic and political) in the Preamble |
French Constitution | Republic; the ideals of liberty, equality and fraternity in the Preamble |
South African Constitution | Procedure for amendment of the Constitution; election of Rajya Sabha members |
Japanese Constitution | Procedure established by law (Article 21) |
Federal System with a Unitary Bias, and the Other Salient Features
Beyond length and borrowing, the Constitution carries a cluster of defining features — the heart of this chapter.
Federal System with a Unitary Bias
India has all the usual federal features — two governments, division of powers, a written and supreme constitution, rigidity, an independent judiciary and bicameralism — but also strong unitary features: a strong Centre, single Constitution, single citizenship, an integrated judiciary, Centre-appointed Governors, all-India services and emergency provisions. Hence the labels: "quasi-federal" (K.C. Wheare), "bargaining federalism" (Morris-Jones), "co-operative federalism" (Granville Austin) and "a federation with a centralising tendency" (Ivor Jennings).
The word "Federation" appears nowhere in the Constitution. Article 1 calls India a "Union of States" — a phrase chosen deliberately (per Ambedkar) to convey two things: (i) the Indian federation is not the result of an agreement among the states (unlike the USA), and (ii) no state has the right to secede from the Union. India is an indestructible Union of destructible states.
The Other Salient Features
Parliamentary form of government (the British "Westminster" model) — with a synthesis of parliamentary sovereignty (British) and judicial supremacy (American), so neither Parliament nor the Supreme Court is absolutely supreme; and a blend of rigidity and flexibility in amendment (Article 368).
An integrated and independent judiciary (single system with the Supreme Court at the apex); Fundamental Rights (Part III, justiciable); Directive Principles of State Policy (Part IV, non-justiciable); and Fundamental Duties (Part IVA, added by the 42nd Amendment, 1976).
A secular state — the word "secular" was added to the Preamble by the 42nd Amendment (1976). Indian secularism is the positive concept (the State gives equal respect to all religions, sarva dharma sambhava), unlike Western/negative secularism (a complete wall of separation between church and state). It rests on Articles 25–28 (freedom of religion) and is pushed further by the Directive in Article 44 (a Uniform Civil Code).
Universal adult franchise (every citizen 18+ votes — the voting age was cut from 21 to 18 by the 61st Amendment, 1989); single citizenship; independent constitutional bodies (Election Commission, CAG, UPSC, Finance Commission); emergency provisions (Articles 352, 356, 360); a three-tier government (Centre–State–local, after the 73rd and 74th Amendments, 1992); and recognition of co-operative societies (97th Amendment, 2011).
The Twelve Schedules & the Amendments That Reshaped It
Two things sharpen the "salient features" picture for Prelims: the 12 Schedules (what each contains) and the handful of amendments that reshaped the original 1949 features.
The Twelve Schedules at a Glance
Schedule | Subject (and the key number) |
First | The States and Union Territories and their territories |
Second | Salaries, allowances and privileges of high office-holders (President, Governors, judges, etc.) |
Third | Forms of oaths and affirmations |
Fourth | Allocation of Rajya Sabha seats to states and UTs |
Fifth | Administration of Scheduled Areas and Scheduled Tribes |
Sixth | Administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram |
Seventh | The three legislative lists — Union (currently 98), State (59) and Concurrent (52) |
Eighth | The recognised languages — now 22 (originally 14) |
Ninth | Laws immune from judicial review (added by the 1st Amendment, 1951; but post-1973 entries are testable against the basic structure — I.R. Coelho, 2007) |
Tenth | Anti-defection provisions (added by the 52nd Amendment, 1985) |
Eleventh | Powers of Panchayats (added by the 73rd Amendment, 1992) — 29 subjects |
Twelfth | Powers of Municipalities (added by the 74th Amendment, 1992) — 18 subjects |
Amendments That Reshaped the Original Features
Several amendments changed the 1949 design: the 42nd Amendment (1976) — so sweeping it is called the "Mini-Constitution" (added Fundamental Duties, the words socialist/secular/integrity, etc.); the 44th (1978) removed the Right to Property as a Fundamental Right (now a legal right under Article 300A); the 61st (1989) cut the voting age to 18; the 52nd (1985) added anti-defection; the 86th (2002) added the Fundamental Duty/Right to education; the 97th (2011) added co-operative societies; and the 101st (2016) introduced the GST (Article 279A, the GST Council).
The basic-structure caveat: Parliament's power to amend under Article 368 is not unlimited — in Kesavananda Bharati (1973) the Supreme Court held that it cannot alter the "basic structure" of the Constitution. So the "salient features" are not all equally changeable: the core ones are beyond amendment.
Criticisms — and Why This Matters for UPSC
For all its strengths, the Constitution has drawn sharp criticism — worth knowing for the balanced answer Mains rewards.
Criticisms — and Why This Matters for UPSC
Critics have called it a "borrowed" or "carbon-copy" constitution (Ambedkar's reply: there is nothing to be ashamed of in borrowing, and the provisions were adapted, not copied); a "paradise of the lawyers" (too legalistic and litigation-prone); too bulky and detailed ("a lawyer's paradise"); and a "bag of borrowings" or un-Indian. The fair verdict: it is a thoughtful synthesis adapted to Indian conditions, not a copy.
Why this matters for UPSC: Prelims loves source-country matching of borrowed features, the federal-vs-unitary balance, and exact counts (Articles, Parts, Schedules); 2026 added Article 13's definition of "law" and the Constitution's official names. Mains uses the federal-character and "borrowed yet original" debates. Memorise the borrowed-features table and the current numbers — they are near-guaranteed marks.
Further Reading
Standard NCERT-level texts and reference books on modern Indian history (any UPSC reading list).
Test Yourself: Practice Questions & PYQs
Test yourself on the classification of constitutions, India's salient features, the borrowed-features sources and the current counts. Attempt each before revealing the answer.
Practice Questions
Q1. The Constitution of India is best described as:
(a) purely rigid like the American Constitution
(b) purely flexible, amendable like an ordinary law
(c) wholly unwritten like the British Constitution
(d) written, and a synthesis of rigidity and flexibility
Show answer
Answer: (d) — India's Constitution is a written document that is neither wholly rigid nor wholly flexible but a synthesis of both (Article 368 provides more than one amendment method).
Q2. Which feature of the Indian Constitution is borrowed from the IRISH Constitution?
(a) Directive Principles of State Policy
(b) Rule of law
(c) Fundamental Rights
(d) Concurrent List
Show answer
Answer: (a) — The DPSP (and the nomination of Rajya Sabha members and the method of presidential election) come from Ireland. Fundamental Rights are from the USA, rule of law from Britain, and the Concurrent List from Australia.
Q3. Fundamental Rights and judicial review are borrowed mainly from the constitution of:
(a) the United States
(b) the United Kingdom
(c) Canada
(d) Ireland
Show answer
Answer: (a) — Fundamental Rights, judicial review, judicial independence, impeachment, the Vice-President and the Preamble idea are drawn from the US Constitution. Britain gives the parliamentary system; Canada the strong Centre; Ireland the DPSP.
Q4. 'Federation with a strong Centre', residuary powers with the Centre, and appointment of state Governors by the Centre are features borrowed from:
(a) the Weimar (German) Constitution
(b) the USA
(c) Canada
(d) Australia
Show answer
Answer: (c) — These come from Canada. Australia gives the Concurrent List and joint sittings; the USA a federation of equal units; Weimar the emergency suspension of Fundamental Rights.
Q5. The single largest source of the provisions of the Indian Constitution is the:
(a) Irish Constitution
(b) Government of India Act, 1935
(c) US Constitution
(d) British Constitution
Show answer
Answer: (b) — More than half of the Constitution — the federal scheme, Governors, judiciary, PSCs, emergency powers and most administrative detail — is drawn from the Government of India Act, 1935.
Q6. Originally (1949), the Constitution of India contained:
(a) a Preamble, 395 Articles and 12 Schedules
(b) a Preamble, 470 Articles and 12 Schedules
(c) a Preamble, 395 Articles and 8 Schedules
(d) a Preamble, 448 Articles and 12 Schedules
Show answer
Answer: (c) — At its commencement in 1949 it had a Preamble, 395 Articles (in 22 Parts) and 8 Schedules; today it has about 470 Articles (25 Parts) and 12 Schedules after amendments.
Q7. K.C. Wheare described the Constitution of India as:
(a) confederal
(b) quasi-federal
(c) purely federal
(d) purely unitary
Show answer
Answer: (b) — Wheare called it 'quasi-federal' — federal in form but unitary in spirit — because it has federal features (two governments, division of powers) alongside strong unitary ones (strong Centre, single citizenship, emergency provisions).
Q8. Which one of the following is a UNITARY (non-federal) feature of the Indian Constitution?
(a) Bicameralism
(b) A written and supreme Constitution
(c) Single citizenship
(d) Division of powers between Centre and States
Show answer
Answer: (c) — Single citizenship (along with a strong Centre, integrated judiciary, all-India services and emergency provisions) is a unitary feature. Bicameralism, a written supreme constitution and division of powers are federal features.
Q9. Article 1 of the Constitution describes India as a:
(a) 'Federation of States'
(b) 'Confederation of States'
(c) 'Federal Union'
(d) 'Union of States'
Show answer
Answer: (d) — The word 'Federation' is never used; Article 1 calls India a 'Union of States', implying the federation is not based on an agreement among states and that no state may secede.
Q10. The anti-defection provisions are contained in which Schedule, added by which amendment?
(a) Second Schedule, 42nd Amendment (1976)
(b) Tenth Schedule, 52nd Amendment (1985)
(c) Ninth Schedule, 1st Amendment (1951)
(d) Eleventh Schedule, 73rd Amendment (1992)
Show answer
Answer: (b) — The Tenth Schedule (anti-defection) was added by the 52nd Amendment (1985). The Ninth (1st Amdt) shields laws from review; the Eleventh (73rd) lists Panchayat powers.
Q11. Indian secularism differs from the Western model in that it:
(a) establishes a state religion
(b) completely separates religion from public life
(c) gives equal respect to all religions (positive secularism)
(d) is hostile to all religion
Show answer
Answer: (c) — India follows positive secularism (sarva dharma sambhava — equal respect to all faiths), whereas the Western/negative model erects a strict wall of separation between church and state. 'Secular' was added to the Preamble by the 42nd Amendment (1976).
Q12. The 42nd Amendment Act (1976) is popularly known as the:
(a) 'Sovereignty Act'
(b) 'Anti-Defection Act'
(c) 'Mandal Amendment'
(d) 'Mini-Constitution'
Show answer
Answer: (d) — The 42nd Amendment (1976) made such sweeping changes — adding Fundamental Duties and the words socialist, secular and integrity, among many others — that it is called the 'Mini-Constitution'.
Q13. Having a written constitution but lacking limited government and rule of law means a country has a constitution but not:
(a) a federal structure
(b) a preamble
(c) fundamental rights
(d) constitutionalism
Show answer
Answer: (d) — Constitutionalism means limited government — power genuinely checked by law. A state can possess a written constitution yet lack constitutionalism (e.g., an authoritarian regime with a sham document).
UPSC Previous Year Questions (PYQs)
Nine questions UPSC has actually asked on the Constitution's salient features. The overwhelming pattern is the BORROWINGS — which country gave India which provision. Memorise that table country by country.
Q14. Which of the following provisions of the Indian Constitution were borrowed from the Constitution of Ireland? 1. Directive Principles of State Policy 2. Nomination of members to the Rajya Sabha 3. The method of election of the President (UPSC PYQ)
(a) 2 and 3 only
(b) 1 only
(c) 1 and 2 only
(d) 1, 2 and 3
Show answer
Answer: (d) — All three come from Ireland. Ireland is easy to forget because it supplied only these, but they are precisely the three UPSC keeps asking about — the President's election by an electoral college with a single transferable vote is Irish, not American.
Q15. The idea of the Concurrent List in the Indian Constitution was borrowed from: (UPSC PYQ)
(a) Germany
(b) the United States of America
(c) Australia
(d) Canada
Show answer
Answer: (c) — Australia gave India the Concurrent List, the freedom of trade, commerce and intercourse across the country, and the joint sitting of the two Houses. Canada gave the federation with a strong Centre and residuary powers at the Centre — a distinction worth keeping crisp.
Q16. The provisions relating to the suspension of Fundamental Rights during an Emergency were borrowed from the Constitution of: (UPSC PYQ)
(a) South Africa
(b) Ireland
(c) the Weimar Republic of Germany
(d) Britain
Show answer
Answer: (c) — The Weimar Constitution of Germany supplied the suspension of Fundamental Rights during an Emergency. Round out the set: Fundamental Duties and the ideal of justice from the USSR, 'procedure established by law' from Japan, and the amendment procedure and Rajya Sabha member election from South Africa.
Q17. 'Procedure established by law' in Article 21 was borrowed from the Constitution of: (UPSC PYQ)
(a) Britain
(b) Japan
(c) the United States of America
(d) France
Show answer
Answer: (b) — Japan. The American phrase is 'due process of law', which is wider — and in Maneka Gandhi (1978) the Supreme Court effectively read that wider American standard INTO Article 21 by requiring the procedure to be fair, just and reasonable.
Q18. Which of the following were borrowed from the Constitution of the United States of America? 1. Fundamental Rights 2. Judicial review 3. Impeachment of the President 4. Removal of Supreme Court and High Court judges (UPSC PYQ)
(a) 1, 2, 3 and 4
(b) 1 and 2 only
(c) 2, 3 and 4 only
(d) 1, 3 and 4 only
Show answer
Answer: (a) — All four, along with the independence of the judiciary, the office of Vice-President and the preamble itself. Britain's contribution is a separate list: the parliamentary system, rule of law, single citizenship, cabinet government, prerogative writs and bicameralism.
Q19. The Indian Constitution is often described as a 'bag of borrowings'. Its single largest source was: (UPSC PYQ)
(a) the Constitution of Ireland
(b) the Constitution of the United States of America
(c) the Constitution of Britain
(d) the Government of India Act, 1935
Show answer
Answer: (d) — Roughly 250 of the Constitution's provisions came from the Government of India Act of 1935 — the federal scheme, the office of Governor, the judiciary, the public service commissions, the emergency provisions and the administrative details. Foreign constitutions supplied far less than the Act did.
Q20. The Indian Constitution is said to strike a balance between rigidity and flexibility because: (UPSC PYQ)
(a) amendments require a national referendum
(b) no provision of the Constitution can be amended at all
(c) some provisions are amendable by a simple majority, some by a special majority, and some by a special majority plus ratification by half the States
(d) every provision requires ratification by all the States
Show answer
Answer: (c) — Article 368 provides three routes of differing difficulty, which is exactly the blend. Note that the simple-majority category — creating new states, altering boundaries, forming or abolishing Legislative Councils, and citizenship — falls OUTSIDE Article 368 altogether.
Q21. The three-tier system of government — Centre, State and local — was made a constitutional feature by: (UPSC PYQ)
(a) the 73rd and 74th Amendments (1992)
(b) the 44th Amendment (1978)
(c) the 61st Amendment (1988)
(d) the 42nd Amendment (1976)
Show answer
Answer: (a) — The 73rd Amendment added Part IX and the Eleventh Schedule for Panchayats; the 74th added Part IXA and the Twelfth Schedule for Municipalities. The original Constitution provided only a two-tier polity, so local government became a constitutional tier only in 1992.
Q22. Universal adult franchise in India means that every citizen above what age is entitled to vote, and this was lowered by which amendment? (UPSC PYQ)
(a) 18 years, lowered from 21 by the 44th Amendment (1978)
(b) 18 years, lowered from 25 by the 42nd Amendment (1976)
(c) 21 years, unchanged since 1950
(d) 18 years, lowered from 21 by the 61st Amendment (1988)
Show answer
Answer: (d) — The 61st Amendment (1988) amended Article 326 to lower the voting age from 21 to 18. Adopting universal adult franchise from the very start — in a country with mass poverty and low literacy — is widely regarded as the boldest single decision the framers took.
Mains Practice Questions
Use these to frame full-length answers. You don't have to answer one exactly — they show the angles UPSC tests, so let them guide which points you cover.
'The Indian Constitution is federal in form but unitary in spirit.' Discuss with reference to its federal and unitary features.
Examine the criticism that the Indian Constitution is a 'borrowed' document. To what extent is the charge justified?
Discuss the salient features that make the Constitution of India unique among the constitutions of the world.
Explain how the Constitution achieves a synthesis of parliamentary sovereignty and judicial supremacy.