The Constitution of India

The Constitution of India is the supreme law of the country, laying the foundation for its governance, legal structure, and rights of its citizens. It was drafted by the Constituent Assembly and came into effect on January 26, 1950, marking the day India became a sovereign, socialist, secular, and democratic republic. With 470 articles divided into 25 parts, it is the longest written constitution in the world.

1. Background and History

The need for a constitution arose after India’s independence in 1947. The Constituent Assembly, chaired by Dr. Rajendra Prasad, was formed in 1946 to draft the constitution. Dr. B. R. Ambedkar, known as the “Father of the Indian Constitution,” played a key role in its drafting. The constitution was adopted on November 26, 1949, and officially implemented on January 26, 1950 (celebrated as Republic Day).

The document was influenced by various sources, including the Government of India Act, 1935, and the constitutions of countries like the USA, UK, Ireland, Canada, and Australia.

2. Salient Features of the Indian Constitution
   1. Lengthiest Constitution – With 470 articles, 12 schedules, and 25 parts, it is the longest written constitution in the world.
   2. Parliamentary System of Government – India follows the Westminster model, where the President is the constitutional head, while the Prime Minister and Council of Ministers exercise real power.
   3. Federal Structure with Unitary Features – India has a federal structure with powers divided between the Union and State governments, but in times of emergency, it acts as a unitary system.
   4. Fundamental Rights and Duties – The constitution guarantees Fundamental Rights (Part III) and prescribes Fundamental Duties (Part IV-A).
   5. Directive Principles of State Policy (DPSP) – These are guiding principles for governance, inspired by the Irish Constitution.
   6. Secularism – India maintains a secular state, where the government treats all religions equally.
   7. Judicial Independence – The Judiciary is independent of the Executive and Legislature, ensuring a system of checks and balances.
   8. Single Citizenship – Unlike federal nations like the USA, India provides single citizenship to all its citizens.
   9. Emergency Provisions – The President can impose an emergency in three conditions: National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360).
   10. Amendability – The constitution is flexible yet rigid, allowing amendments through Article 368.
3. Preamble of the Indian Constitution

The Preamble is an introductory statement that defines the objectives and philosophy of the constitution. It reads:

“We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens: • Justice – social, economic, and political; • Liberty – of thought, expression, belief, faith, and worship; • Equality – of status and opportunity; and • Fraternity – assuring the dignity of the individual and the unity and integrity of the Nation.”

The words “Socialist,” “Secular,” and “Integrity” were added by the 42nd Amendment Act, 1976.

4. Parts and Schedules of the Constitution

Important Parts of the Constitution

Part Subject Articles
I Union & its Territory 1-4
II Citizenship 5-11
III Fundamental Rights 12-35
IV Directive Principles of State Policy 36-51
IVA Fundamental Duties 51A
V Union Government 52-151
VI State Governments 152-237
XI Relations between Union & States 245-263
XII Finance, Property, Contracts, & Suits 264-300A
XX Amendment of the Constitution 368

Schedules of the Constitution

Schedule Description
1 List of States and Union Territories
2 Oaths and Affirmations
3 Salaries of Government Officials
4 Allocation of Rajya Sabha seats
5 Scheduled Areas and Tribes
6 Administration of Tribal Areas
7 Union, State, and Concurrent Lists
8 Official Languages of India
9 Validation of Certain Acts & Regulations
10 Anti-Defection Law
11 Powers of Panchayats
12 Powers of Municipalities

5. Fundamental Rights and Duties

Fundamental Rights (Articles 12-35)

These are the basic rights guaranteed to every citizen:
1. Right to Equality (Articles 14-18) – Equality before the law, prohibition of discrimination, and abolition of untouchability.
2. Right to Freedom (Articles 19-22) – Freedom of speech, assembly, association, movement, residence, and profession.
3. Right Against Exploitation (Articles 23-24) – Prohibition of forced labor and child labor.
4. Right to Freedom of Religion (Articles 25-28) – Freedom of conscience and religion.
5. Cultural and Educational Rights (Articles 29-30) – Protection of cultural rights of minorities.
6. Right to Constitutional Remedies (Article 32) – Right to approach the Supreme Court for enforcement of rights.

Fundamental Duties (Article 51A)

Added by the 42nd Amendment, 1976, these duties encourage citizens to:
• Respect the Constitution and national symbols.
• Protect sovereignty and unity.
• Promote harmony and scientific temper.

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

Inspired by the Irish Constitution, DPSPs direct the government to:
• Promote social welfare.
• Ensure equal pay for equal work.
• Provide free legal aid.
• Protect the environment.
• Encourage cottage industries.

7. Amendment Process (Article 368)

The Constitution can be amended in three ways:
1. Simple Majority – Changes in schedules, Parliament rules.
2. Special Majority – Two-thirds majority needed (e.g., fundamental rights).
3. Special Majority + State Ratification – Required when affecting federal structure.

Important Amendments:
• 1st Amendment (1951) – Added restrictions to fundamental rights.
• 42nd Amendment (1976) – Added “Socialist, Secular, Integrity.”
• 44th Amendment (1978) – Restored democratic rights after Emergency.
• 73rd & 74th Amendments (1992) – Introduced Panchayati Raj and Urban Local Bodies.

8. Judiciary and Separation of Powers

The Supreme Court (Article 124) ensures constitutional supremacy and acts as the guardian of fundamental rights. It has:
1. Original Jurisdiction – Resolves disputes between states and the Union.
2. Appellate Jurisdiction – Hears appeals from lower courts.
3. Advisory Jurisdiction – Gives opinions to the President.

High Courts and subordinate courts function under it, ensuring justice across India.

9. Emergency Provisions
   1. National Emergency (Article 352) – Can be declared during war or external aggression.
   2. State Emergency (Article 356) – Imposes President’s Rule in a state.
   3. Financial Emergency (Article 360) – Declared in case of financial crisis.
10. Conclusion

The Indian Constitution is a dynamic and evolving document that balances rights and duties, democracy and governance, and federalism and unity. Through its adaptability and commitment to justice, it continues to shape the world’s largest democracy.