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Constitution of India, 1949: All you need to know about it

Updated: Jul 13


All you need to know about the Constitution of India

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Constitution of India


The Constitution of India, 1949 is the supreme law of India. This one document lays down the whole functioning of the country. It provides for the fundamental duties of the government as well as the fundamental rights and duties of every citizen of the Country. It is the largest written Constitution in the world. It ensures constitutional supremacy over parliamentary supremacy which means that the parliament, the legislative body of the country cannot override the Constitution. Every law which is enacted in the country is based on the provisions of the Constitution. Any law that is contrary to the Constitution is considered to be null and void.


The constitution declares India a sovereign, socialist, secular, and democratic republic, assures its citizen’s justice, equality, and liberty, and endeavours to promote fraternity.


History


The Constitution of India, 1949 was enacted on 26th January 1950 but it was adopted by the Constituent Assembly of India on 26 November 1949. As India gained Independence in the year 1947, the Indian Independence Act, 1947 was enacted so that the British will be responsible for the external security of the country while the Indians under the guidance of Sardar Patel and V.P.Menon signed the articles of integration with India.


In 1950, when the new Constitution was enacted, it immediately repealed the Indian Independence Act, 1947, and the Government of India Act, 1935 which were the previous governing legislatures in India. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the remaining articles became effective on 26 January 1950

Drafting

The Constitution was drafted by the Constituent Assembly which was formed on 6th December 1946. In the first-ever meeting of the assembly on 9th December 1946, the Muslim League demanded a separate state and boycotted the meeting. The preamble was finalised on 22nd January 1947 and the Indian flag was adopted on 22nd July 1947. 15th August 1947, India achieved Independence and split into the Dominion of India and the Dominion of Pakistan. On 26th November 1949, the Constitution was passed and adopted by the assembly. 24th January 1950, was the last meeting of the assembly where it was signed and accepted with 395 Articles, 8 Schedules, and 22 Parts. On 26th January 1950, The Constitution came into force.

Features

1. Lengthiest Written Constitution

The length of the Indian Constitution makes it very elaborate and detailed so there is no scope of miss understanding the provisions inscribed in it.

2. Drawn from Various Sources


Most of the provisions of the Constitution have been borrowed from the constitutions of other countries. Because of this borrowing, the Indian Constitution is often referred to as the ‘Bag of Borrowings’. This is discussed in more detail further down the article.


3. A perfect blend of Rigid and Flexible (Article 368)


A constitution is called rigid or flexible based on its amendment process. The Indian constitution is a unique blend of both. The type of amendment determines the process to be taken to amend the constitution. There are three types of amendments which are:

  • Amendment by a simple majority of the Parliament;

  • Amendment by a special majority of the Parliament;

  • Amendment by a special majority of the Parliament and the ratification of at least half of the state legislatures.


4.Quasi-Federal System (Article 1)


Though there is a distribution of powers between the Central and State governments, those powers are not equal and more powers are with the Central Government.


5. Parliamentary Form of Government (Articles 74,75, 163, and 164)


The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs. Hence, the responsibility lies on both the legislative and the executive. The presence of two executives, real and nominal, also ensures a better decision-making experience.


6. Judicial Review (Article 13)


Judicial review is the power given to Indian courts to ensure that every action of the legislative, executive and administrative organs of the government is consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.


7. Rule Of Law (Article 14)


This feature ensures that each citizen of the country is ruled by the law empowered in the state and not by men. So this means, that all are equal before the law and all enjoy equal protection of laws.


8. Integrated and Independent Judiciary (Article 50)


India has an integrated judicial system that is completely free from legislative and executive organs. The Supreme Court of India decides the main working of the judicial system in India.


9. Fundamental Rights (Articles 12-35)


These ensure that every citizen is entitled to enjoy some basic rights and not even the government can stop a person from exercising these rights. There are 6 fundamental rights for every citizen.


10. Directive Principles of State Policy (Articles 36-51)


These are a set of principles that the state needs to keep into consideration when enacting or amending any law. They set the path toward a welfare state.


11. Fundamental Duties (Article 51A)


Inserted by the 42nd Constitutional amendment in 1976, this lays down a set of duties for every citizen in India. There are a total of 11 fundamental duties


12. Adult Franchise (Article 326)


Every citizen above the age of 18 has the right to vote and he/she cannot be discriminated against based on caste, sex, race, religion, or status. The principle of ‘one person, one vote is followed.


13. Single Citizenship (Article 9)


The constitution of India does not allow any citizen to have any citizenship other than of India. Attaining any other citizenship ipso facto rips your Indian citizenship. Single citizenship is opted for to eliminate bias and regionalism and to unite the people.


14. Three-tier Government


This concept is unique as the Indian constitution is the only one to have a three-tier Government. The three-tier Government is as follows:

  • Union Government: Manages the country.

  • State Government Manages their respective states.

  • Panchayats and Municipalities: Manages their respective districts.


15. Emergency Provisions (Articles 352-360)


To protect India from any scenario, the provisions of emergency have been implemented in the constitution. There are three types of emergencies defined in the constitution.

  • Emergency caused by war, external aggression, or armed rebellion (Article 352)

  • Emergency arising out of the failure of constitutional machinery in states (Article 356 and 365)

  • Financial emergency (Article 360)

When an emergency is implemented, the State Government is stripped of all of its powers, and the unitary system is followed in the Country.


Bag of Borrowings


As aforementioned, The Indian Constitution is often referred to as the ‘bag of borrowings’ because it has borrowed a lot of its provisions from the constitutions of other countries. Here is a list of all the provisions the Indian Constitution has borrowed from other Constitutions.


1. United Kingdom

  • Parliamentary government.

  • The Nominal head of the state.

  • Post of Prime Minister.

  • More powerful lower house.

  • Concept of single citizenship.

  • Legislative procedure.

  • Bicameral legislature.

  • Rule of law.

  • Cabinet system.

  • The legislative speaker and their role.

  • Prerogative writ.

  • Parliamentary privilege.


2. United States


  • Bill of Rights aka Fundamental rights.

  • Written constitution.

  • The Preamble to the Constitution.

  • The Federal structure of government.

  • Impeachment of the President.

  • Post of the Vice President and his functions.

  • The institution of the Supreme Court.

  • Removal of Supreme Court and High courts judges.

  • Electoral College.

  • Independent judiciary and separation of powers.

  • Judicial review.

  • President as commander-in-chief of the armed forces.

  • Equal protection under the law.


3. Ireland


  • Directive principles of state policy.

  • Nomination of members to the Rajya Sabha by the President.

  • Method of election of the President.


4. Australia


  • Freedom of trade between states.

  • National legislative power to implement treaties, even on matters outside normal federal jurisdiction.

  • Concurrent List.

  • Provision of Joint Session of the Parliament.

  • Preamble terminology.


5. France


  • Notions of Liberty, Equality, Fraternity in the preamble.

  • The ideals of the Republic in the preamble.


6. Canada


  • Quasi-federal government—a federal system with a strong central government.

  • Distribution of powers between the central and state governments.

  • Residual powers are retained by the central government.

  • Appointment of Governor of states by Centre.

  • Advisory Jurisdiction of the Supreme Court.


7. Soviet Union


  • Fundamental Duties under article 51-A.

  • Mandated planning commission to oversee economic development.

  • Ideals of justice (social, economic, and political) in the Preamble.


8. Weimar Republic


  • Suspension of Fundamental Rights during an emergency.


9. South Africa


  • Amendment procedure of the constitution.

  • Election of the members of Rajya Sabha.


10. Japan


  • Procedure established by Law.

  • Laws according to which the Supreme Court functions.


Structure of the Constitution


At its enactment, the Constitution had 395 articles in 22 parts and 8 schedules. After 105 amendments in the last 70+ years. The Constitution now has 470 articles all grouped into 25 parts and 12 schedules with 5 appendices. The last amendment was on 10th August 2021.


The structure of the Indian Constitution is:

1. Parts

Parts

Subject Matter

Articles

I

The Union and its territory

1 to 4

II

Citizenship

5 to 11

III

Fundamental Rights

12 to 35

IV

Directive Principles of State Policy

36 to 51

IV-A

Fundamental Duties

51-A

V

The Union Government

52 to 151

Chapter I - The Executive

52 to 78

Chapter II - Parliament

79 to 122

Chapter III - Legislative Powers of President

123

Chapter IV - The Union Judiciary

124 to 147

Chapter V - Comptroller and Auditor-General of India

148 to 151

VI

The State Governments

152 to 237

Chapter I - General

152

Chapter II - The Executive

153 to 167

Chapter III - The State Legislature

168 to 212

Chapter IV - Legislative Powers of Governor

213

Chapter V - The High Courts

214 to 232

Chapter VI - Subordinate Courts

233 to 237

VIII

The Union Territories

239 to 242

IX

The Panchayats

243 to 243-O

IX-A

The Municipalities

243-P to 243-ZG

IX-B

The Co-operative Societies

243-ZH to 243-ZT

X

The Scheduled and Tribal Areas

244 to 244-A

XI

Relations between the Union and the States

245 to 263

Chapter I - Legislative Relations

245 to 255

Chapter II - Administrative Relations

256 to 263

XII

Finance, Property, Contracts, and Suits

264 to 300-A

Chapter I - Finance

264 to 291

Chapter II - Borrowing

292 to 293

Chapter III - Property, Contracts, Rights, Liabilities, Obligations, and Suits

294 to 300

Chapter IV - Right to Property

300-A

XIII

Trade, Commerce, and Intercourse within the Territory of India

301 to 307


XIV

Services under the Union and the States

308 to 323

Chapter I - Services

308 to 314

Chapter II - Public Service Commissions

315 to 323

XIV-A

Tribunals

323-A to 323-B

XV

Elections

324 to 329-A

XVI

Special Provisions relating to Certain Classes

330 to 342

XVII

Official Languages

343 to 351

Chapter I - Language of the Union

343 to 344

Chapter II - Regional Languages

345 to 347

Chapter III - Language of the Supreme Court, High Courts, and so on

348 to 349

Chapter IV - Special Directives

350 to 351

XVIII

Emergency Provisions

352 to 360

XIX

Miscellaneous

361 to 367

XX

368

XXI

Temporary, Transitional, and Special

369 to 392

XXII

Short title, Commencement, Authoritative Text in Hindi and Repeals

393 to 395


2. Schedules

Schedule

Article(s)

Description

First

1 and 4

Lists India's states and territories, changes in their borders and the laws used to make that change.

Second

​59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221

Lists the salaries of public officials, judges, and the comptroller and auditor general.

Third

​75(4), 99, 124(6), 148(2), 164(3), 188 and 219

Forms of oaths – Lists the oaths of office for elected officials and judges

Fourth

4(1) and 80(2)

Details the allocation of seats in the Rajya Sabha (upper house of Parliament) by state or union territory.

​Fifth

244(1)

​Provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes requiring special protection).

Sixth

244(2) and 275(1)

Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Seventh

246

Central government, state, and concurrent lists of responsibilities

Eighth

344(1) and 351

Official Languages

Ninth

31-B

Validation of certain acts and regulations

Tenth

102(2) and 191(2)

Anti-defection provisions for members of Parliament and state legislatures

Eleventh

243-G

Panchayat Raj ( rural local government )

Twelfth

243-W

Municipalities ( urban local government


3. Appendices


  • Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954

  • Appendix II – Re-statement, referring to the constitution's present text, of exceptions and modifications applicable to the state of Jammu and Kashmir

  • Appendix III – Extracts from the Constitution (Forty-fourth Amendment) Act, 1978

  • Appendix IV – The Constitution (Eighty-sixth Amendment) Act, 2002

  • Appendix V – The Constitution (Eighty-eighth Amendment) Act, 2003


Little Known Facts


  • There are 3 original copies of the 1950 constitution preserved in a helium-filled case at the Parliament House in New Delhi.

  • The words "secular" and "socialist" were not a part of the original preamble but were added to the preamble by the 42nd amendment act in 1976 during the Emergency.

  • The Constitution of India is the longest written constitution in the world with 146,385 words.

  • The committee met for 166 days over a period of 2 years, 11 months, and 18 days before adopting the Constitution.

  • Article 32 which is the right to constitutional remedies is considered to be the heart and soul of the Constitution.

  • Ambedkar was unhappy with the document just three years after it was adopted as He strongly wished to grant more powers to the governors.

 

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