21MC1002-CONSTITUTION OF INDIA
UNIT-I INTRODUCTION TO CONSTITUTION
Definition of constitution:
The constitution of India was written and adopted by the Constituent Assembly on
26th November 1949 but it became effective on 26th January 1950. It is a set of rules and
regulations that guide the administration of the country. It is the backbone of every
democratic and secular fabric of the nation.
Introduction:
The constitution is the supreme law of India. This is a written document which lays
down the framework demarcating fundamental basic code, structure, procedures, powers, and
duties of Government and its organizations and rights & duties of the citizen. A constitution
is defined as the set of written rules that are accepted by all the people living together in a
country. It determines the relationship between the people and the government.
The Constitution of India was drafted and adopted by the Constituent Assembly on
26th November 1949 but it became effective on 26th January 1950, making India a
sovereign, socialist, secular, and democratic republic. It provides the framework for the
governance of India, delineating the political principles, powers, structure, and duties of the
government institutions, as well as the fundamental rights and duties of citizens.
The Constitution comprises a preamble followed by 448 articles, divided into 22
parts, and 12 schedules, making it one of the longest written constitutions of any country. It
draws inspiration from various sources including the British, American, Irish, Canadian, and
Australian constitutions, as well as from the ideals of liberty, equality, and fraternity as
espoused in the French Revolution.
Father of Constitution:
Dr Bhimrao Ambedkar is known as the father of Indian constitution. On 29 August
1947, the Constituent Assembly set up a Drafting Committee. This Drafting Committee was
headed by Ambedkar.
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Important of constitution
A constitution is important because it ensures that those who make decisions on
behalf of the public fairly represent public opinion. It also sets out the ways in which those
who exercise power may be held accountable to the people they serve.
7th constitutions of India?
The 7th schedule of Indian Constitution is a critical provision that regulates the power
allocation between the centre and the state. Simply put, it discusses the segregation of power
between the union and the states with the help of three lists – the union list, the state list, and
the concurrent list.
Need of constitution:
We need a constitution to protect individual rights, establish a framework for
governance, uphold the rule of law, provide stability, promote citizen participation, and
safeguard against tyranny. It guarantees fundamental freedoms, outlines the structure of the
government, and ensures accountability.
How many wrote the Constitution of India?
The constitution was drafted by 299 delegates from different caste, region, religion,
and gender etc., this assembly met for the first time in New Delhi on 9 December, 1946.
Whose Constitution is biggest?
The Constitution of India is the longest written constitution in the world. It has 448 articles
divided into 26 parts and 12 schedules.
Parts of the Constitution
1. Parts I to XXII:
1. Part I: The Union and its Territory (Articles 1-4)
2. Part II: Citizenship (Articles 5-11)
3. Part III: Fundamental Rights (Articles 12-35)
4. Part IV: Directive Principles of State Policy (Articles 36-51)
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5. Part IVA: Fundamental Duties (Article 51A)
6. Part V: The Union (Articles 52-151)
7. Part VI: The States (Articles 152-237)
8. Part VII: The States in Part B of the First Schedule (Repealed)
9. Part VIII: The Union Territories (Articles 239-242)
10. Part IX: The Panchayats (Articles 243-243O)
11. Part IXA: The Municipalities (Articles 243P-243ZG)
12. Part IXB: The Co-operative Societies (Articles 243ZH-243ZT)
13. Part X: The Scheduled and Tribal Areas (Articles 244-244A)
14. Part XI: Relations between the Union and the States (Articles 245-263)
15. Part XII: Finance, Property, Contracts, and Suits (Articles 264-300A)
16. Part XIII: Trade, Commerce, and Intercourse within the Territory of India
(Articles 301-307)
17. Part XIV: Services under the Union and the States (Articles 308-323)
18. Part XIVA: Tribunals (Articles 323A-323B)
19. Part XV: Elections (Articles 324-329A)
20. Part XVI: Special Provisions Relating to Certain Classes (Articles 330-342)
21. Part XVII: Official Language (Articles 343-351)
22. Part XVIII: Emergency Provisions (Articles 352-360)
23. Part XIX: Miscellaneous (Articles 361-367)
24. Part XX: Amendment of the Constitution (Article 368)
25. Part XXI: Temporary, Transitional and Special Provisions (Articles 369-392)
26. Part XXII: Short Title, Commencement, Authoritative Text in Hindi and
Repeals (Articles 393-395)
Schedules of the Constitution:
The Constitution originally had eight schedules, which have since been expanded to twelve.
These schedules contain lists and other detailed information referred to in various articles of
the Constitution.
1. First Schedule: Lists the states and union territories, and their territories.
2. Second Schedule: Provisions relating to the President, Governors of States, Speakers
and Deputy Speakers of the Lok Sabha and Legislative Assemblies, Chairman and
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Deputy Chairman of the Rajya Sabha and Legislative Councils, Judges of the
Supreme Court and High Courts, and Comptroller and Auditor-General of India.
3. Third Schedule: Forms of oaths or affirmations.
4. Fourth Schedule: Allocation of seats in the Rajya Sabha (Council of States).
5. Fifth Schedule: Provisions relating to the administration and control of Scheduled
Areas and Scheduled Tribes.
6. Sixth Schedule: Provisions relating to the administration of tribal areas in the states
of Assam, Meghalaya, Tripura, and Mizoram.
7. Seventh Schedule: Division of powers between the Union and the States (Union List,
State List, and Concurrent List).
8. Eighth Schedule: Lists the official languages recognized by the Constitution.
9. Ninth Schedule: Validation of certain Acts and Regulations.
10. Tenth Schedule: Provisions relating to disqualification of members on grounds of
defection.
11. Eleventh Schedule: Powers, authority, and responsibilities of Panchayats.
12. Twelfth Schedule: Powers, authority, and responsibilities of Municipalities.
Key Features
● Sovereign, Socialist, Secular, Democratic Republic: India is an independent and
democratic country with a commitment to socialism and secularism.
● Federal Structure with Unitary Bias: The Constitution provides for a federal
structure with a strong central government.
● Parliamentary System of Government: The government operates on the
parliamentary system with the President as the head of state and the Prime Minister as
the head of government.
● Independent Judiciary: The judiciary is independent of the executive and the
legislature.
● Universal Adult Suffrage: All citizens aged 18 and above have the right to vote.
The Constitution of India is a living document that continues to evolve through amendments
and judicial interpretations, ensuring it meets the changing needs of society.
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Preamble:
The Preamble is the introduction or the preface to the constitution. It lays down the
basic principles and objectives of the Constitution. Importance of the Preamble- It contains
the philosophy to build and develop the entire constitution and hence is called the soul of the
constitution.
The preamble is based on the Objectives Resolution, which was moved in the
Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January
1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force
on 26 January 1950, celebrated as the Republic Day of India,
What is called the Preamble to the Constitution?
Our Constitution begins with a short statement of its basic values. This is called
the Preamble to the Constitution.What does a Preamble means to a Constitution? What does
the Preamble of the Indian Constitution contain?
(i) Like most countries in the contemporary world, India too has chosen to begin her
Constitution with a Preamble.
(ii) The Preamble is a short statement of its basic values. It contains the philosophy on
which the entire constitution has been built.
(iii) It provides a standard to examine and evaluate any law and action of the government,
to find out whether it is good or bad. It is the soul of the Indian Constitution.
(iv) The Preamble of the Indian constitution describes it as a Sovereign, Socialist, Secular
and Democratic Republic and declares to secure Justice, Equality, Liberty and
Fraternity to all the citizens of the country.
Why do we celebrate Republic Day only on 26 January?
The Constitution of India came into force on 26 January 1950. The constitution replaced the
Government of India Act 1935 as the governing document of India, thus turning the nation
from a dominion into a republic post its independence from the British Raj in 1947.
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Preamble statement:
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 of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity
of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
Explain about the salient features of the Indian constitution & its criticism?
The Indian Constitution is the supreme law of the country that defines the structure,
powers, and functions of the government and the rights and duties of the citizens. It is the
longest written constitution in the world, it was adopted in 1950, now it has preamble
followed by 448 articles, divided into 25 parts, and 12 schedules, making it one of the longest
written constitutions of any country. It has been amended 103 times as of 2020.
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Before making the present Constitution, the framers examined Constitutions of
various countries of the world and also the working of the Government of India Act, 1935.
They liberally borrowed appropriate provisions from Constitutions of many countries of the
world. The Constitution so adopted has the following salient features—
1. Written Constitution.-
A written constitution has been written and contains all of the facts in a book form
that can be consulted at any time. It includes government and citizen responsibilities
and rights, the type of constitutional order, and the laws governing and controlling
the system.
2. The Lengthiest Constitution in the World.-
i. Constitutions are classified into written, like the American
Constitution, or unwritten, like the British Constitution. The
Constitution of India is the lengthiest of all the written Constitutions of
the world. It is a very comprehensive, elaborate and detailed document.
ii. The Indian Constitution originally consisted of 395 articles
divided into 22 Parts and 9 Schedules. Presently, it consists of a
Preamble, about 448 articles divided into 24 Parts and 12 Schedules.
3. Parliamentary Form of Government.-
i. The Constitution of India has opted for the British Parliamentary
system of Government rather than the American Presidential System of
Government. The Parliamentary system is based on the principle of co-
operation and co-ordination between the legislative and executive
organs while the Presidential system is based on the doctrine of
separation of powers between the two organs.
4. Blend of Rigidity and Flexibility.-
i. The Constitution of India is neither rigid nor flexible but a synthesis of
both. A rigid Constitution is one that requires a special procedure for
its amendment while a flexible Constitution is one that can be amended
in the same manner as ordinary laws are made.
5. Fundamental Rights.-
i. Fundamental rights are the basic human rights enshrined in the
Constitution of India which are guaranteed to all citizens. They are
applied without discrimination on the basis of race, religion, gender,
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etc. Significantly, fundamental rights are enforceable by the courts,
subject to certain conditions.
ii. Part III of the Indian Constitution guarantees six fundamental
rights to all the citizens—
(b) Right to Equality (Articles 14-18);
(c) Right to Freedom (Articles 19-22);
(d) Right against Exploitation (Articles 23-24);
(e) Right to Freedom of Religion (Articles 25-28);
(f) Cultural and Educational Rights (Articles 29-30);
(g) Right to Constitutional Remedies (Article 32).
i. The Fundamental Rights are meant for promoting the idea of political
democracy. They operate as limitations on the tyranny of the executive
and arbitrary laws of the legislature.
6. Directive Principles of State policy.-
i. The Directive Principles of State Policy contained in Part of the
Constitution set out the aims and objectives to be taken by the state in
the governance of the country. According to B.R. Ambedkar “the
Directive Principle of State policy is a novel feature of the Indian
Constitution. They can be classified into three broad categories,
Socialistic, Gandhian and Liberal-intellectual.
7. Fundamental Duties.-
i. Fundamental Duties are moral and ethical obligations imposed on
citizens to promote responsible citizenship and the nation's welfare.
ii. By Forty-second Amendment Act, Part IVA has been added to
the Constitution which enumerates certain fundamental duties of the
citizens. Originally, ten duties were enlisted in clause (a) to (j) of
article 51A. Clause (k), which imposes duty on parents/wards has been
added by the Constitution (86th Amendment) Act, 2002.
8. Adult Suffrage.-
i. In India every person, male or female, who has obtained the age of 18
years, is entitled to vote in elections to Parliament or State
Legislatures. Originally this age limit was 21 years but after the 61st
Amendment Act, 1988 it was reduced to 18 years.
9. An Independent Judiciary.-
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i. Independence of Judiciary is essential for impartial adjudication of
disputes between individuals, between Union and State, between
Union/State and individuals, between Union and States or between
States inter se. The Supreme Court stands at the top of the integrated
judicial system in the country. Below it, there are High Courts at the
State level. This single system of courts enforces both the Central laws
as well as the States laws.
ii. The Supreme Court of India is a federal court, the highest court
of appeal, the guarantor of the fundamental rights of the citizens and
the guardian of the Constitution
10. A Secular State.-
i. The Constitution of India stands for a secular State. Hence, it does not
uphold any particular religion as the official religion of the Indian
State. The term ‘Secular’ was added to the Preamble of the Indian
Constitution by the 42nd Amendment Act, 1976. Articles 25-28 of the
Constitution give concrete shape to this concept of secularism.
11. Single Citizenship.-
i. In most of the federation, people have double citizenship, citizenship
of the Union and citizenship of one of the several States which form
the Union. Every citizen is the citizen of India and enjoys the same
rights of citizenship no matter in which State he resides.
12. Democratic Form Of Government.-
A democratic form of government in which supreme power is vested in
the people and exercised by them directly or indirectly through a
system of representation usually involving periodic free elections. A
system where people have the power to elect their leaders. For
example, India is a democratic country where citizens vote in elections
to choose their representatives.
13. Sovereignty Of People:-
It means people have the supreme right to take decisions on internal as
well as external matters. No external power can dictate the government
of India.
14. Preventive Detention:-
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Preventive detention is when a person is held in police custody only on
the basis of a suspicion that they would conduct a criminal act or cause
harm to society. The police have the authority to hold anyone they
suspect of committing a criminal offence. The police have the ability to
make arrests without a warrant or a magistrate’s authorization in
certain cases.
Amendment in Indian Constitution
In the context of the Indian Constitution, an amendment refers to a change or addition
made to the Constitution. It can involve altering, adding, or deleting provisions of the
Constitution to adapt it to the evolving needs of the society or to address shortcomings in the
original document. Amendments can be made to various parts of the Constitution, including
fundamental rights, directive principles, and the federal structure, among others. The
procedure for amending the Indian Constitution is outlined in Article 368, which specifies
that amendments can be initiated by either house of Parliament and must be passed by a
special majority. Additionally, some amendments require ratification by a specified number
of state legislatures to come into effect.
1. First Amendment (1951): Added special provisions for the advancement of socially
and economically backward classes, and placed restrictions on freedom of speech and
expression.
2. Seventh Amendment (1956): Reorganized states on linguistic lines.
3. Twenty-Fourth Amendment (1971): Affirmed the Parliament's power to amend any
part of the Constitution.
4. Forty-Second Amendment (1976): Known as the "Mini-Constitution," it made
significant changes to the Constitution.
5. Seventy-Third and Seventy-Fourth Amendments (1992): Strengthened local self-
governance through Panchayats and Municipalities.
There are 106 Amendment acts as of September 2023 that are made in the Indian
Constitution over time. All these Amendments have brought significant changes in the course
of Indian Polity.
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The latest Amendment in the Indian Constitution was the 106th Amendment Act,
passed in 2023. This Amendment deals with women's reservation in Lok Sabha, State
Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of
Delhi.
The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2024 was introduced
in Rajya Sabha on February 5, 2024. The Bill seeks to amend the Constitution (Scheduled
Tribes) Order, 1950, in relation to Andhra Pradesh. The Order lists the tribes deemed to be
Scheduled Tribes in states and union territories.
What are the Fundamental Rights?
Following independence, India established several fundamental rights that protect every
citizen of India. It is essential to understand these rights to ensure that nobody can deny you
these rights.
1. Freedom of religion
2. Right against exploitation
3. Rights to education and culture
4. Right to Equality
5. Constitutional remedies are rightfully available
6. Right to Freedom
1. Freedom of Religion
The right to freedom of religion, which is covered in Articles 25-28, guarantees
religious freedom to all residents of India. The goal of this freedom is to safeguard the secular
principle in India.
As per the Constitution, all religions are equally valued by the state, and no religion is
given priority over another. Citizens are allowed to teach, practice and spread any religion
they like.
Certain practices, like the wearing and carrying of Kirpans as part associated with the
Sikh religion, may be restricted for the sake of public order, morality, and health.
2. Right against Exploitation
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Child labour isn’t allowed under the Rights against Exploitation. The right to be free
from exploitation stipulated in Articles 23 and 24 calls for two rights: abstention from
trafficking human beings and beggars.
It dictates the abolition of the employment of children who are under 14 years old in
hazardous jobs such as factories and mines. Child labour is seen as a horrifying violation of
the Constitution’s spirit and provisions.
Beggar was a method of child labour used by landlords in the past, but now, it’s a
punishable crime. Human trafficking to facilitate prostitution or slave trade is also banned by
law.
A few exceptions are made for the case of unpaid employment and services that are
for public use. This law covers compulsory military conscription.
3. Rights to Education and Culture
Since India has diverse religions, traditions, and languages, the Constitution includes
specific measures, specifically in Articles 29 and 30, to ensure the rights of minorities.
Any group that has a language or script that is its own is entitled to protect and
develop the same. There is no reason for a citizen to be denied admission to state or state-
aided institutions.
Any minority, regardless of religion or linguistics, can set up their own schools to
preserve and further develop their own culture. The power to manage doesn’t mean the state
cannot interfere in the event of mismanagement.
4. Right to Equality
The right to Equality is among the fundamental rights of the Indian Constitution. It
covers equality before the law and the prohibition of discrimination based on name, race,
religion, caste, gender, or birthplace.
Also, it includes the right to equal opportunity in terms of employment and the
removal of titles, untouchability, and other distinctions. In simple terms, we can declare it a
right to have equal chances.
5. Constitutional Remedies
The right to constitutional remedies enables citizens to appeal to an administrative
court when they are denied any fundamental rights. For example, in the case of
imprisonment, the individual could ask the court to determine if the sentence is by the rules
of law of the nation.
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If the court decides it’s not appropriate, the individual will be released. This process
of asking courts to safeguard or protect citizens’ rights is possible in various ways. The courts
can issue a variety of types of writs.
6. Right to Freedom
Freedom of speech is among the fundamental rights guaranteed through the Indian
Constitution. Due to the widespread nature of these rights, the democratic process is so
purposeful.
The right to freedom is the basis for liberty to express and speak, freedom of
movement, association or gathering or cooperatives and movement, the freedom to engage in
any profession, liberty, and protection against detention and arrest in many instances.
Fundamental Duties of Indian Citizens
The Indian Constitution was formulated incrementally, offering a functional
framework that encompasses the rights, authorities, practices, processes, and obligations of
the government. It also lays forth fundamental obligations and rights that citizens are required
to uphold, accordingly.
The Swaran Singh committee, which Indira Gandhi formed shortly after the
imposition of a national emergency, recommended adding the fundamental obligations to the
constitution, and it did so in 1976. The 42nd Amendment, which includes the essential
obligations under the Indian Constitution, was one of the modifications made by the
government to the Constitution. Another amendment was made to the Preamble.
Learn About Important Fundamental Duties of Indians
However, under Article 51A, Part IV-A of the Indian Constitution, the initial 10
obligations were raised to 11 by the 86th Amendment in 2002.
The 10 Fundamental duties are as follows:
To abide by the Constitution and respect its ideals and institutions, the National Flag,
and the National Anthem.
To cherish and follow the noble ideals that inspired the national struggle for freedom.
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To uphold and protect the sovereignty, unity, and integrity of India.
To defend the country and render national service when called upon to do so.
To promote harmony and the spirit of common brotherhood among all the people of
India transcending religious, linguistic, and regional or sectional diversities.
To value and preserve the rich heritage of the country’s composite culture.
To protect and improve the natural environment, including forests, lakes, rivers, and
wildlife, and to have compassion for living creatures.
To develop scientific temper, humanism, and the spirit of inquiry and reform.
To safeguard public property and to abjure violence.
To strive towards excellence in all spheres of individual and collective activity, so that
the nation constantly rises to higher levels of endeavor and achievement.
The 11th Fundamental duty which was added to this list is:
To provide opportunities for education to children between 6-14 years of age and duty
as parents to ensure that such opportunities are being awarded to their child.
Citizens need to be aware of these duties and strive to fulfil them for the betterment of society
and the nation. Fundamental duties serve as a source of protection for the liberty of the
people.
Why Do We Need Fundamental Duties?
The inclusion of Fundamental Duties in a nation’s constitution is imperative for several
reasons. Firstly, it establishes a balance between individual rights and societal
responsibilities. While citizens enjoy certain fundamental rights, it is equally essential for
them to recognize and fulfil corresponding duties towards the larger community. This balance
contributes to the overall well-being of society.
Fundamental Duties also play a crucial role in promoting social harmony. By emphasizing
values such as promoting brotherhood and respecting diversity, these duties serve as a
unifying force in a nation with a rich tapestry of cultures and traditions. Moreover, duties
related to upholding the sovereignty and integrity of the country foster a sense of patriotism
and loyalty among citizens, contributing to national unity. Environmental conservation is
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another critical aspect addressed by Fundamental Duties. By recognizing the duty to protect
and improve the natural environment, citizens are encouraged to act responsibly towards
ecological sustainability, contributing to the larger goal of environmental preservation.
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