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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In 1950, when the new Constitution was enacted, it immediately repealed the Indian Independence Act, 1947, and the Government of India Act, 1935 which were the previous governing legislatures in India.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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