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The Indian Constitution is a unique and comprehensive document. It borrows from various global sources while retaining its own distinct identity, making it sui generis (one of its kind).
Feature Description
1. Lengthiest Written Constitution It is the longest written Constitution in the world. Originally contained 395 Articles (22 Parts) and 8 Schedules; currently has 470+ Articles (25 Parts) and 12 Schedules.

Reasons:
  • Vast geographical and cultural diversity
  • Detailed administrative provisions
  • Inclusion of Fundamental Rights and DPSPs
  • Borrowing from many global constitutions
2. Blend of Rigidity and Flexibility Rigid: Certain provisions require special majority and state ratification (Art. 368).
Flexible: Some provisions can be amended by simple majority (e.g., creation of new states).
3. Parliamentary Form of Government Borrowed from Britain.

Features:
  • Nominal Head (President) and Real Executive (Prime Minister)
  • Collective responsibility to Legislature
  • Majority party rule
  • Bicameral Legislature
4. Federal System with Unitary Bias Federal Features:
  • Dual Government (Centre & States)
  • Division of Powers
  • Written Constitution
  • Independent Judiciary
Unitary Bias:
  • Single Constitution
  • Single Citizenship
  • Governor appointed by Centre
  • Residuary powers with Centre
  • All India Services
Dr. B.R. Ambedkar described India as a "Union of States".
5. Fundamental Rights (Part III) Justiciable rights protecting individuals from State actions.
Inspired by the US Bill of Rights.
6. Directive Principles of State Policy (Part IV) Non-justiciable guidelines for governance aimed at establishing a Welfare State.
Inspired by the Irish Constitution.
7. Fundamental Duties (Part IV-A) Added by 42nd Amendment (1976). Originally 10, now 11 duties (86th Amendment, 2002).
Non-justiciable moral obligations of citizens.
8. Independent Judiciary Supreme Court and High Courts operate independently.

Features:
  • Security of tenure
  • Fixed service conditions
  • Protection from legislative interference
  • Power to punish for contempt
9. Judicial Review Power of courts to examine constitutionality of laws.
Borrowed from the USA.
Part of Basic Structure Doctrine.
10. Universal Adult Franchise Every citizen above 18 years has the right to vote.
Age reduced from 21 to 18 by 61st Amendment (1988).
Ensures political democracy.
11. Single Citizenship Unlike the USA, India provides single citizenship.
Promotes national unity and integration.
12. Secular State No official religion. Equal respect to all religions.
Term added by 42nd Amendment (1976).
13. Emergency Provisions President can declare:
  • National Emergency (Art. 352)
  • State Emergency (Art. 356)
  • Financial Emergency (Art. 360)
During emergency, Constitution becomes unitary.
Inspired by Germany.
Key Point: Always link features to their sources in exam answers. Example: Parliamentary System (UK), Judicial Review (USA), DPSP (Ireland), Emergency Provisions (Germany).
This is the most important doctrine in Indian Constitutional law. It limits Parliament’s power to amend the Constitution and protects its fundamental identity.

1. Genesis of the Problem

  • Article 368 gives Parliament the power to amend the Constitution.
  • The key question arose: Is Parliament’s amending power unlimited? Can it destroy the core identity of the Constitution?
  • The Supreme Court answered this through the Basic Structure Doctrine.

2. Evolution of the Basic Structure Doctrine (Key Cases)

Case Year Verdict / Observation
Shankari Prasad Case 1951 Parliament can amend any part of the Constitution including Fundamental Rights. Amendment is not "law" under Article 13.
Sajjan Singh Case 1965 Reaffirmed Shankari Prasad judgment but raised doubts about removing Fundamental Rights.
Golak Nath Case 1967 Reversed earlier judgments. Held that Parliament cannot amend Fundamental Rights.
Kesavananda Bharati Case 1973 Landmark case. Parliament can amend any part of the Constitution, but cannot destroy its Basic Structure.
Indira Nehru Gandhi v. Raj Narain 1975 Applied Basic Structure Doctrine. Struck down amendment removing judicial review of elections.
Minerva Mills Case 1980 Held that limited amending power and judicial review are part of Basic Structure.
Waman Rao Case 1981 Basic Structure Doctrine applies to amendments passed after April 24, 1973.

3. Core Elements of Basic Structure

  • Supremacy of the Constitution
  • Republican and Democratic form of Government
  • Secular character of the Constitution
  • Separation of Powers
  • Federal character of the Constitution
  • Unity and Integrity of the Nation
  • Welfare State
  • Judicial Review
  • Harmony between Fundamental Rights and Directive Principles
  • Rule of Law
  • Parliamentary System
  • Free and Fair Elections
  • Limited amending power of Parliament
  • Access to Justice
  • Dignity of the Individual
Key Point: The Kesavananda Bharati Case (1973) established the Basic Structure Doctrine. Parliament can amend the Constitution but cannot destroy its fundamental identity.
  • Guardian of the Constitution: Acts as a safeguard against the misuse of Parliament’s amending power and prevents the ruling majority from altering the Constitution arbitrarily.
  • Preserves Constitutional Identity: Ensures that the fundamental philosophy, values, and core identity of the Constitution remain intact despite amendments.
  • Maintains Balance of Power: Protects the balance between the Legislature, Executive, and Judiciary, preventing concentration of power in any single organ.
  • Protects Fundamental Rights: Prevents Parliament from removing or destroying Fundamental Rights, ensuring protection of individual liberty and democracy.
Salient Features Basic Structure
These are the descriptive characteristics of the Constitution (e.g., length, federalism, parliamentary system). These are the core, non-negotiable principles that define the Constitution's identity (e.g., rule of law, secularism).
They can be amended or modified by Parliament, provided the basic structure is not damaged. They cannot be destroyed or damaged by any constitutional amendment.
They are explicitly observable in the written text of the Constitution. They are implied from the structure, philosophy, and judicial interpretation of the Constitution.