Salient Features of the Constitution — I — Question 2
Back to all questions(a) The Fundamental Rights are so called because they are the basic human rights which provide the conditions essential for the all-round development of a human being. Hence, they must be given to every person without any distinction on the basis of caste, creed, sex, colour, religion etc.
(b) The three characteristic features of Fundamental Rights are:
- They protect people against unjust discrimination.
- They don't make any distinction between human beings.
- They can be suspended when the president declares a state of Emergency in the country.
(c) The Right to Equality has political, social and economic components. Following are the components of Right to Equality:
- Equality before law — Article-14 guarantees both equality before law as well as equality in protection by law irrespective of economic status, caste, colour, creed, religion or sex. Article-15 prohibits discrimination on grounds mentioned above making such discrimination a punishable offence.
- Equality of Opportunity — Article-16 provides for equality of opportunity for all citizens in matters relating to employment in an office under the State or Central government. It also allows making of reservations of posts in favour of Scheduled Castes and Tribes by passing a law.
- Abolition of Untouchability — Article-17 abolishes untouchability and its practice in any form. Any person preventing the other from entering a place of public worship, using a public well or a public transport system, etc. can be punished by law.
- Abolition of Titles — Article-18 abolishes all titles like Rai Sahib, Khan Bahadur, Maharaja etc. These titles are considered a negation of equal status for all.
Chapter Overview: The Indian Constitution
The Indian Constitution is the supreme law of India, adopted on 26 November 1949 and enacted on 26 January 1950. It was drafted by the Constituent Assembly (389 members) chaired by Dr. Rajendra Prasad, with Dr. B.R. Ambedkar heading the Drafting Committee. The Constitution establishes India as a Sovereign, Socialist, Secular, Democratic Republic (the words Socialist and Secular were added by the 42nd Amendment in 1976).
The Constitution draws from multiple sources: parliamentary government from Britain, fundamental rights from the USA, directive principles from Ireland, the federal structure from Canada, and the emergency provisions from Germany. Key features include a written and lengthy constitution, a blend of rigidity and flexibility, single citizenship, an independent judiciary, universal adult suffrage, and fundamental rights balanced by fundamental duties. The Preamble declares the ideals of justice, liberty, equality, and fraternity as the guiding values of the nation.
Board Exam Weightage: 6-7 marks | Difficulty: Moderate
Sources of the Indian Constitution
| Feature | Source Country |
|---|---|
| Parliamentary government, Rule of Law | Britain |
| Fundamental Rights, Judicial Review | USA |
| Directive Principles of State Policy | Ireland |
| Federal structure with strong centre | Canada |
| Emergency provisions | Germany (Weimar) |
| Fundamental Duties | USSR |
| Concurrent List | Australia |
Must-Know Concepts
- Preamble: “We, the people of India” — declares sovereignty rests with the people; mentions justice, liberty, equality, fraternity
- Key dates: Constituent Assembly first met 9 December 1946; Constitution adopted 26 November 1949; enacted 26 January 1950 (Republic Day)
- Ambedkar’s role: Chairman of the Drafting Committee; called the “Father of the Indian Constitution”
- Features: Longest written constitution in the world, blend of federal and unitary, independent judiciary, single citizenship, universal adult suffrage
- 42nd Amendment (1976): Added “Socialist,” “Secular,” and “Integrity” to the Preamble; added Fundamental Duties
Common Mistakes to Avoid
- Confusing 26 November (adoption date) with 26 January (enforcement/Republic Day)
- Writing that “Socialist” and “Secular” were in the original Preamble — they were added in 1976
- Mixing up Dr. Rajendra Prasad (President of Constituent Assembly) with Dr. Ambedkar (Chairman of Drafting Committee)
- Stating India has a purely federal system — it is federal with a strong unitary bias
Scoring Tips
- Memorise the sources table — very frequently asked in matching-type questions
- Be able to explain each keyword in the Preamble: Sovereign, Socialist, Secular, Democratic, Republic
- For features questions, list at least 5-6 features with one-line explanations
Frequently Asked Questions
What is the significance of the Preamble?
The Preamble is the introduction to the Constitution, declaring India as a Sovereign Socialist Secular Democratic Republic. It embodies the ideals of justice, liberty, equality, and fraternity, and states that power comes from “We, the people.”
Why is the Indian Constitution called a “bag of borrowings”?
The Constitution drew features from multiple countries (Britain, USA, Ireland, Canada, etc.). However, these borrowed features were adapted to Indian conditions, making the Constitution unique and not merely a copy.
What makes India “quasi-federal”?
India has federal features (written constitution, division of powers, independent judiciary) but also strong unitary features (single citizenship, emergency powers, residuary powers with Centre, Governor appointed by Centre). This makes it federal in structure but unitary in spirit.