Salient Features of the Constitution — I — Question 5
Back to all questions(a) Article 32 of the Indian constitution gives the Right to Constitutional Remedies. This right is given to citizens to move the Supreme Court or the High Courts for the enforcement of other Fundamental Rights conferred on them. Also, the Supreme Court and the High Courts are empowered to issue writs providing legal remedies to individuals in case their Fundamental Rights are violated.
(b) This Right is important because it ensures the protection of other rights provided by the constitution. According to Dr. Ambedkar, it is the "heart and soul of the constitution". It is not just a right but a remedy.
(c) The writs make the Right to Constitutional Remedies the most important and also make it an effective tool for their enforcement. This is because a writ is a formal written order issued by the Supreme Court and the High Courts to provide legal remedies to individuals who do not obtain adequate protection under ordinary laws.
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.