The Constitution of India

 The Constitution of India

The Constitution of India is the supreme law of the country. It lays down the framework, powers, functions, and responsibilities of the government while ensuring the fundamental rights, duties, and freedom of every citizen. Adopted on 26th November 1949 and enforced on 26th January 1950, it transformed India into a sovereign, socialist, secular, and democratic republic.

Often referred to as the “Bible of Indian Democracy”, the Constitution is the foundation on which the nation operates. With 448 Articles, 25 Parts, 12 Schedules, and numerous amendments, it is the longest written constitution in the world.

In this blog, we will explore the history, features, structure, significance, and amendments of the Indian Constitution in detail.

What is the Constitution of India?

When India became independent in 1947, our founding fathers needed to create a set of rules for running our entire country. This set of rules became known as the Constitution of India.

The Constitution of India is like a guidebook that tells us how our country should be governed, what rights we have as citizens, what duties we must follow, and how different parts of the government should work together. It's not just any ordinary book – it's the supreme law of our land, which means all other laws must follow what the Constitution says.

Think of the Constitution as the foundation of a building. Just as a strong foundation supports the entire structure, our Constitution supports our entire democratic system. It protects our rights, ensures justice, and helps maintain peace and order in our diverse country.

Parts of the Constitution of India

The Constitution of India is divided into 25 Parts, each focusing on a specific aspect of governance and law. Here are some of the key Parts:

• Part I: The Union and its Territory – Defines the territorial extent of India and its states.

• Part II: Citizenship – Provisions related to Indian citizenship.

• Part III: Fundamental Rights – Guarantees civil liberties to all citizens.

• Part IV: Directive Principles of State Policy – Guidelines for the government to establish a just society.

• Part IV-A: Fundamental Duties – Lists the duties of citizens.

• Part V: The Union – Details about the executive, legislature, and judiciary at the central level.

• Part VI: The States – Provisions related to the governance of states.

• Part IX: Panchayats – Provisions related to rural local governance.

• Part IX-A: Municipalities – Provisions related to urban local governance.

• Part XII: Finance, Property, Contracts, and Suits – Details financial relations between the Union and states.

• Part XX: Amendment of the Constitution – Describes the process for constitutional amendments.

• Part XXI: Temporary, Transitional and Special Provisions (Articles 369-392)

• Part XXII: Short Title, Commencement, Authoritative Text in Hindi and Repeals (Articles 393-395)

This structure helps in the systematic organization and clear articulation of the principles and laws governing the country. The Indian Constitution is known for its detailed and elaborate provisions, which cover a wide range of governance and legal aspects, reflecting the diverse and complex nature of Indian society.

List of All Articles (1-395) of Indian Constitution

PART I: THE UNION AND ITS TERRITORY

• Article 1 - Name and territory of the Union.
• Article 2 - Admission or establishment of new States.
• 2A [Repealed.]
• Article 3 - Formation of new States and alteration of areas, boundaries or names of existing States.
• Article 4 -  Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

PART II: CITIZENSHIP

• Article 5 - Citizenship at the commencement of the Constitution.
• Article 6 - Rights of citizenship of certain persons who have migrated to India from Pakistan.
• Article 7 - Rights of citizenship of certain migrants to Pakistan.
• Article 8 - Rights of citizenship of certain persons of Indian origin residing outside India.
• Article 9 - Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
• Article 10 - Continuance of the rights of citizenship.
• Article 11 - Parliament to regulate the right of citizenship by law.

PART III : FUNDAMENTAL RIGHTS

General

• Article 12 - Definition.
• Article 13 - Laws inconsistent with or in derogation of the fundamental rights.
• Right to Equality
• Article 14 - Equality before law.
• Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
• Article 16 - Equality of opportunity in matters of public employment.
• Article 17 - Abolition of Untouchability.
• Article 18 - Abolition of titles.

Right to Freedom

• Article 19 - Protection of certain rights regarding freedom of speech, etc.
• Article 20 - Protection in respect of conviction for offences.
• Article 21 - Protection of life and personal liberty.
• Article 21A - Right to education
• Article 22  - Protection against arrest and detention in certain cases.
• Right against Exploitation
• Article 23  - Prohibition of traffic in human beings and forced labour.
• Article 24  - Prohibition of employment of children in factories, etc.
• Right to Freedom of Religion
• Article 25  - Freedom of conscience and free profession, practice and propagation of religion.
• Article 26 -  Freedom to manage religious affairs.
• Article 27 -  Freedom as to payment of taxes for promotion of any particular religion.
• Article 28  - Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights

• Article 29 - Protection of interests of minorities.
• Article 30 - Right of minorities to establish and administer educational institutions.
• Article 31 - [Repealed.]
• Saving of Certain Laws
• Article 31A - Saving of Laws providing for the acquisition of estates, etc.
• Article 31B  - Validation of certain Acts and Regulations.
• Article 31C - Saving of laws giving effect to certain directive principles.
• Article 31D - [Repealed.]

Right to Constitutional Remedies

• Article 32 - Remedies for enforcement of rights conferred by this Part.
• Article 32A - [Repealed.]
• Article 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
• Article 34 - Restriction on rights conferred by this Part while martial law is in force in any area.
• Article 35 Legislation to give effect to the provisions of this Part.

PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY

• Article 36 Definition.
• Article 37 Application of the principles contained in this Part.
• Article 38 State to secure a social order for the promotion of the welfare of the people.
• Article 39 Certain principles of policy to be followed by the State.
• Article 39A Equal justice and free legal aid.
• Article 40 The organisation of village panchayats.
• Article 41 Right to work, to education and to public assistance in certain cases.
• Article 42 Provision for just and humane conditions of work and maternity relief.
• Article 43 Living wage, etc., for workers.
• Article 43A Participation of workers in the management of industries.
• Article 43B Promotion of co-operative societies.
• Article 44 Uniform civil code for the citizens.
• Article 45 Provision for free and compulsory education for children.
• Article 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
• Article 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
• Article 48 The organization of agriculture and animal husbandry.
• Article 48A Protection and improvement of environment and safeguarding of forests and wildlife.
• 49 Protection of monuments and places and objects of national importance.
• 50 Separation of judiciary from the executive.
• 51 Promotion of international peace and security.

PART IVA: FUNDAMENTAL DUTIES

• Article 51A - Fundamental duties.

PART V: THE UNION

CHAPTER I: THE EXECUTIVE

The President and Vice-President

• 52 The President of India.
• 53 The executive power of the Union.
• 54 Election of President.
• 55 Manner of election of President.
• 56 Term of office of President.
• 57 Eligibility for re-election.
• 58 Qualifications for election as President.
• 59 Conditions of the President’s office.
• 60 Oath or affirmation by the President.
• 61 Procedure for impeachment of the President.
• 62 Time of holding the election to fill the vacancy in the office of President and the term of office of person elected to fill the casual vacancy.
• 63 The Vice-President of India.
• 64 The Vice-President to be ex officio Chairman of the Council of States.
• 65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
• 66 Election of Vice-President.
• 67 Term of office of Vice-President.
• 68 Time of holding the election to fill the vacancy in the office of Vice-President and the term of office of person elected to fill the casual vacancy.
• 69 Oath or affirmation by the Vice-President.
• 70 Discharge of President’s functions in other contingencies.
• 71 Matters relating to, or connected with, the election of a President or Vice-President.
• 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
• 73 The extent of executive power of the Union.
• Council of Ministers
• 74 Council of Ministers to aid and advise the President.
• 75 Other provisions as to Ministers.
• The Attorney-General for India
• 76 Attorney-General for India.
• Conduct of Government Business
• 77 Conduct of business of the Government of India.
• 78 Duties of Prime Minister as respects the furnishing of information to the President, etc.

CHAPTER II: PARLIAMENT

General

• 79 Constitution of Parliament.
• 80 Composition of the Council of States.
• 81 Composition of the House of the People.
• 82 Readjustment after each census.
• 83 Duration of Houses of Parliament.
• 84 Qualification for membership of Parliament.
• 85 Sessions of Parliament, prorogation and dissolution.
• 86 Right of President to address and send messages to Houses.
• 87 Special address by the President.
• 88 Rights of Ministers and Attorney-General as respects Houses.
• Officers of Parliament
• 89 The Chairman and Deputy Chairman of the Council of States.
• 90 Vacation and resignation of, and removal from, the office of Deputy Chairman.
• 91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
• 92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
• 93 The Speaker and Deputy Speaker of the House of the People .
• 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
• 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
• 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
• 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
• 98 Secretariat of Parliament.
• Conduct of Business
• 99 Oath or affirmation by members.
• 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
• Disqualifications of Members
• 101 Vacation of seats.
• 102 Disqualifications for membership.
• 103 Decision on questions as to disqualifications of members.
• 104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.
• Powers, Privileges and Immunities of Parliament and its Members
• 105 Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
• 106 Salaries and allowances of members.
• Legislative Procedure
• 107 Provisions as to introduction and passing of Bills.
• 108 Joint sitting of both Houses in certain cases.
• 109 Special procedure in respect of Money Bills.
• 110 Definition of “Money Bills”.
• 111 Assent to Bills.
• Procedure in Financial Matters
• 112 Annual financial statement.
• 113 Procedure in Parliament with respect to estimates.
• 114 Appropriation Bills.
• 115 Supplementary, additional or excess grants.
• 116 Votes on account, votes of credit and exceptional grants.
• 117 Special provisions as to financial Bills.
• Procedure Generally
• 118 Rules of procedure.
• 119 Regulation by law of procedure in Parliament in relation to financial business.
• 120 Language to be used in Parliament.
• 121 Restriction on discussion in Parliament.
• 122 Courts not to inquire into proceedings of Parliament.

CHAPTER III: LEGISLATIVE POWERS OF THE PRESIDENT

• 123 Power of President to promulgate Ordinances during recess of Parliament.

CHAPTER IV: THE UNION JUDICIARY

• 124 Establishment and constitution of Supreme Court.
• 124A National Judicial Appointments Commission. (Declared unconstitutional by the Supreme Court, however not repealed by the Parliament)
• 124B Functions of Commission.
• 124C Power of Parliament to make law.
• 125 Salaries, etc., of Judges.
• 126 Appointment of acting Chief Justice.
• 127 Appointment of ad hoc judges.
• 128 Attendance of retired Judges at sittings of the Supreme Court.
• 129 Supreme Court to be a court of record.
• 130 Seat of Supreme Court.
• 131 Original jurisdiction of the Supreme Court.
• 131A [Repealed.]
• 132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
• 133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.
• 134 Appellate jurisdiction of Supreme Court in regard to criminal matters.
• 134A Certificate for appeal to the Supreme Court.
• 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.
• 136 Special leave to appeal by the Supreme Court.
• 137 Review of judgments or orders by the Supreme Court.
• 138 Enlargement of the jurisdiction of the Supreme Court.
• 139 Conferment on the Supreme Court of powers to issue certain writs.
• 139A Transfer of certain cases.
• 140 Ancillary powers of Supreme Court.
• 141 Law declared by Supreme Court to be binding on all courts.
• 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
• 143 Power of President to consult Supreme Court.
• 144 Civil and judicial authorities to act in aid of the Supreme Court.
• 144A [Repealed.]
• 145 Rules of Court, etc.
• 146 Officers and servants and the expenses of the Supreme Court.
• 147 Interpretation.

CHAPTER V: COMPTROLLER AND AUDITOR-GENERAL OF INDIA

• 148 Comptroller and Auditor-General of India.
• 149 Duties and powers of the Comptroller and Auditor-General.
• 150 Form of accounts of the Union and of the States.
• 151 Audit reports.

PART VI: THE STATES

CHAPTER I: GENERAL

• 152 Definition.

CHAPTER II: THE EXECUTIVE

The Governor

• 153 Governors of States.
• 154 Executive power of State.
• 155 Appointment of Governor.
• 156 Term of office of Governor.
• 157 Qualifications for appointment as Governor.
• 158 Conditions of Governor’s office
• 159 Oath or affirmation by the Governor.
• 160 Discharge of the functions of the Governor in certain contingencies.
• 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
• 162 Extent of executive power of State.
• Council of Ministers
• 163 Council of Ministers to aid and advise Governor.
• 164 Other provisions as to Ministers.
• The Advocate-General for the State
• 165 Advocate-General for the State.
• Conduct of Government Business
• 166 Conduct of business of the Government of a State.
• 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.

CHAPTER III: THE STATE LEGISLATURE

General

• 168 Constitution of Legislatures in States.
• 169 Abolition or creation of Legislative Councils in States.
• 170 Composition of the Legislative Assemblies.
• 171 Composition of the Legislative Councils.
• 172 Duration of State Legislatures.
• 173 Qualification for membership of the State Legislature.
• 174 Sessions of the State Legislature, prorogation and dissolution.
• 175 Right of Governor to address and send messages to the House or Houses.
• 176 Special address by the Governor.
• 177 Rights of Ministers and Advocate-General as respects the Houses.
• Officers of the State Legislature
• 178 The Speaker and Deputy Speaker of the Legislative Assembly.
• 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
• 180 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
• 181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
• 182 The Chairman and Deputy Chairman of the Legislative Council.
• 183 Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
• 184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
• 185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
• 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
• 187 Secretariat of State Legislature.
• Conduct of Business
• 188 Oath or affirmation by members.
• 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
• Disqualifications of Members
• 190 Vacation of seats.
• 191 Disqualifications for membership.
• 192 Decision on questions as to disqualifications of members.
• 193 Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
• Powers, privileges and immunities of State Legislatures and their Members
• 194 Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
• 195 Salaries and allowances of members.
• Legislative Procedure
• 196 Provisions as to introduction and passing of Bills.
• 197 Restriction on powers of Legislative Council as to Bills other than Money Bills.
• 198 Special procedure in respect of Money Bills.
• 199 Definition of “Money Bills”.
• 200 Assent to Bills.
• 201 Bills reserved for consideration.
• Procedure in Financial Matters
• 202 Annual financial statement.
• 203 Procedure in Legislature with respect to estimates.
• 204 Appropriation Bills.
• 205 Supplementary, additional or excess grants.
• 206 Votes on account, votes of credit and exceptional grants.
• 207 Special provisions as to financial Bills.
• Procedure Generally
• 208 Rules of procedure.
• 209 Regulation by law of procedure in the Legislature of the State in relation to financial business.
• 210 Language to be used in the Legislature.
• 211 Restriction on discussion in the Legislature.
• 212 Courts not to inquire into proceedings of the Legislature.

CHAPTER IV : LEGISLATIVE POWER OF THE GOVERNOR

• 213 Power of Governor to promulgate Ordinances during recess of Legislature.

CHAPTER V: THE HIGH COURTS IN THE STATES

• 214 High Courts for States.
• 215 High Courts to be courts of record.
• 216 Constitution of High Courts.
• 217 Appointment and conditions of the office of a Judge of a High Court.
• 218 Application of certain provisions relating to Supreme Court to High Courts.
• 219 Oath or affirmation by Judges of High Courts.
• 220 Restriction on practice after being a permanent Judge.
• 221 Salaries, etc., of Judges.
• 222 Transfer of a Judge from one High Court to another.
• 223 Appointment of acting Chief Justice.
• 224 Appointment of additional and acting Judges.
• 224A Appointment of retired Judges at sittings of High Courts.
• 225 Jurisdiction of existing High Courts.
• 226 Power of High Courts to issue certain writs.
• 226A [Repealed..]
• 227 Power of superintendence over all courts by the High Court.
• 228 Transfer of certain cases to High Court.
• 228A [Repealed.]
• 229 Officers and servants and the expenses of High Courts.
• 230 Extension of jurisdiction of High Courts to Union territories.
• 231 Establishment of a common High Court for two or more States.

CHAPTER VI : SUBORDINATE COURTS

• 233 Appointment of district judges.
• 233A Validation of appointments of, and judgments, etc., delivered by, certain district judges.
• 234 Recruitment of persons other than district judges to the judicial service.
• 235 Control over subordinate courts.
• 236 Interpretation.
• 237 Application of the provisions of this Chapter to certain class or classes of magistrates.

PART VII: THE STATES IN PART B OF THE FIRST SCHEDULE

• 238 [Repealed.]

PART VIII: THE UNION TERRITORIES

• 239 Administration of Union territories.
• 239A Creation of local Legislatures or Council of Ministers or both for certain Union territories.
• 239AA Special provisions with respect to Delhi.
• 239AB Provision in case of failure of constitutional machinery.
• 239B Power of the administrator to promulgate Ordinances during recess of the Legislature.
• 240 Power of the President to make regulations for certain Union territories.
• 241 High Courts for Union territories.
• 242 [Repealed.]

PART IX: THE PANCHAYATS

• 243 Definitions.
• 243A Gram Sabha.
• 243B Constitution of Panchayats.
• 243C Composition of Panchayats.
• 243D Reservation of seats.
• 243E Duration of Panchayats, etc.
• 243F Disqualifications for membership.
• 243G Powers, authority and responsibilities of Panchayats.
• 243H Powers to impose taxes by, and Funds of, the Panchayats.
• 243-I Constitution of Finance Commission to review financial position.
• 243J Audit of accounts of Panchayats.
• 243K Elections to the Panchayats.
• 243L Application to Union territories.
• 243M Part not to apply to certain areas.
• 243N Continuance of existing laws and Panchayats.
• 243-O Bar to interference by courts in electoral matters.

PART IXA: THE MUNICIPALITIES

• 243P Definitions.
• 243Q Constitution of Municipalities.
• 243R Composition of Municipalities.
• 243S Constitution and composition of Wards Committees, etc.
• 243T Reservation of seats.
• 243U Duration of Municipalities, etc.
• 243V Disqualifications for membership.
• 243W Powers, authority and responsibilities of Municipalities, etc.
• 243X. Power to impose taxes by, and Funds of, the Municipalities.
• 243 Finance Commission.
• 243Z Audit of accounts of Municipalities.
• 243ZA Elections to the Municipalities.
• 243ZB Application to Union territories.
• 243ZC Part not to apply to certain areas.
• 243ZD Committee for district planning.
• 243ZE Committee for Metropolitan planning.
• 243ZF Continuance of existing laws and Municipalities.
• 243ZG Bar to interference by Courts in electoral matters.

PART IXB: THE CO-OPERATIVE SOCIETIES

• 243ZH Definitions
• 243ZI Incorporation of co-operative societies
• 243ZJ Number and term of members of the board and its office bearers.
• 243 ZK Election of members of board.
• 243ZL Supersession and suspension of the board and interim management.
• 243ZM Audit of accounts of co-operative societies.
• 243ZN Convening of general body meetings.
• 243ZO Right of a member to get information,
• 243ZP Returns.
• 243ZQ Offences and penalties.
• 243ZR Application to multi-state co-operative societies.
• 243ZS Application to Union Territories.
• 243ZT Continuance of existing laws.
  

PART X: THE SCHEDULED AND TRIBAL AREAS

• 244 Administration of Scheduled Areas and Tribal Areas.
• 244A Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

PART XI: RELATIONS BETWEEN THE UNION AND THE STATES

CHAPTER I: LEGISLATIVE RELATIONS

Distribution of Legislative Powers

• 245 Extent of laws made by Parliament and by the Legislatures of States.
• 246 Subject-matter of laws made by Parliament and by the Legislatures of States.
• 246A Special provision with respect to goods and services tax.
• 247 Power of Parliament to provide for the establishment of certain additional courts.
• 248 Residuary powers of legislation.
• 249 Power of Parliament to legislate with respect to a matter in the State List in the national interest.
• 250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
• 251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.
• 252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
• 253 Legislation for giving effect to international agreements.
• 254 Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
• 255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

CHAPTER II : ADMINISTRATIVE RELATIONS

General

• 256 Obligation of States and the Union.
• 257 Control of the Union over States in certain cases.
• 257A [Repealed.]
• 258 Power of the Union to confer powers, etc., on States in certain cases.
• 258A Power of the States to entrust functions to the Union.
• 259 [Repealed.]
• 260 Jurisdiction of the Union in relation to territories outside India.
• 261 Public acts, records and judicial proceedings.
• Disputes relating to Waters
• 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys.
• Co-ordination between States
• 263 Provisions with respect to an inter-State Council.

PART XII: FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER I: FINANCE

General

• 264 Interpretation.
• 265 Taxes not to be imposed save by authority of law.
• 266 Consolidated Funds and public accounts of India and of the States.
• 267 Contingency Fund.
• Distribution of Revenues between the Union and the States
• 268 Duties levied by the Union but collected and appropriated by the State.
• 268A [Repealed.]
• 269 Taxes levied and collected by the Union but assigned to the States.
• 269A Levy and collection of goods and services tax in the course of inter-state trade or commerce.
• 270 Taxes levied and distributed between the Union and the States.
• 271 Surcharge on certain duties and taxes for purposes of the Union.
• 272 [Repealed.]
• 273 Grants in lieu of export duty on jute and jute products.
• 274 Prior recommendation of President required to Bills affecting taxation in which States are interested.
• 275 Grants from the Union to certain States.
• 276 Taxes on professions, trades, callings and employments.
• 277 Savings.
• 278 [Repealed.]
• 279 Calculation of “net proceeds”, etc.
• 279A Goods and Services Tax Council.
• 280 Finance Commission.
• 281 Recommendations of the Finance Commission.
• Miscellaneous financial provisions
• 282 Expenditure defrayable by the Union or a State out of its revenues.
• 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
• 284 Custody of suitors’ deposits and other moneys received by public servants and courts.
• 285 Exemption of property of the Union from State taxation.
• 286 Restrictions as to imposition of tax on the sale or purchase of goods.
• 287 Exemption from taxes on electricity.
• 288 Exemption from taxation by States in respect of water or electricity in certain cases.
• 289 Exemption of property and income of a State from Union taxation.
• 290 Adjustment in respect of certain expenses and pensions.
• 290A Annual payment to certain Devaswom Funds.
• 291 [Repealed.]

CHAPTER II: BORROWING

• 292 Borrowing by the Government of India.
• 293 Borrowing by States.

CHAPTER III: PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

• 294 Succession to property, assets, rights, liabilities and obligations in certain cases.
• 295 Succession to property, assets, rights, liabilities and obligations in other cases.
• 296 Property accruing by escheat or laps or as bona vacantia.
• 297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
• 298 Power to carry on trade, etc.
• 299 Contracts.
• 300 Suits and proceedings.

CHAPTER IV: RIGHT TO PROPERTY

• 300A Persons not to be deprived of property save by authority of law.

PART XIII: TRADE, COMMERCE, AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

• 301 Freedom of trade, commerce, and intercourse.
• 302 Power of Parliament to impose restrictions on trade, commerce, and intercourse.
• 303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
• 304 Restrictions on trade, commerce, and intercourse among States.
• 305 Saving of existing laws and laws providing for State monopolies.
• 306 [Repealed.]
• 307 Appointment of authority for carrying out the purposes of articles 301 to 304.

PART XIV: SERVICES UNDER THE UNION AND THE STATES

CHAPTER I: SERVICES

• 308 Interpretation.
• 309 Recruitment and conditions of service of persons serving the Union or a State.
• 310 Tenure of office of persons serving the Union or a State.
• 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
• 312 All-India services.
• 312A Power of Parliament to vary or revoke conditions of service of officers of certain services.
• 313 Transitional provisions.
• 314 [Repeated.]

CHAPTER II: PUBLIC SERVICE COMMISSIONS

• 315 Public Service Commissions for the Union and for the States.
• 316 Appointment and term of office of members.
• 317 Removal and suspension of a member of a Public Service Commission.
• 318 Power to make regulations as to conditions of service of members and staff of the Commission.
• 319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
• 320 Functions of Public Service Commissions.
• 321 Power to extend functions of Public Service Commissions.
• 322 Expenses of Public Service Commissions.
• 323 Reports of Public Service Commissions.

PART XIVA: TRIBUNALS

• 323A Administrative tribunals.
• 323B Tribunals for other matters.

PART XV: ELECTIONS

• 324 Superintendence, direction and control of elections to be vested in an Election Commission.
• 325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
• 326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
• 327 Power of Parliament to make provision with respect to elections to Legislatures.
• 328 Power of Legislature of a State to make provision with respect to elections to such Legislature.
• 329 Bar to interference by courts in electoral matters.
• 329A [Repealed.]

PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

• 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
• 331 Representation of the Anglo-Indian community in the House of the People.
• 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
• 333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
• 334 Reservation of seats and special representation to cease after sixty years.
• 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts.
• 336 Special provision for Anglo-Indian community in certain services.
• 337 Special provision with respect to educational grants for the benefit of the Anglo-Indian Community.
• 338 National Commission for Scheduled Castes.
• 338A National Commission for Scheduled Tribes.
• 338A National Commission for Backward Classes.
• 339 Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes.
• 340 Appointment of a Commission to investigate the conditions of backward classes.
• 341 Scheduled Castes.
• 342 Scheduled Tribes.
• 342A Socially and educationally backward classes.

PART XVII: OFFICIAL LANGUAGE

CHAPTER I: LANGUAGE OF THE UNION

• 343 Official language of the Union.
• 344 Commission and Committee of Parliament on official language.

CHAPTER II: REGIONAL LANGUAGES

• 345 Official language or languages of a State.
• 346 Official language for communication between one State and another or between a State and the Union.
• 347 Special provision relating to language spoken by a section of the population of a State.

CHAPTER III: LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.

• 348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
• 349 Special procedure for enactment of certain laws relating to language.

CHAPTER IV: SPECIAL DIRECTIVES

• 350 Language to be used in representations for redress of grievances.
• 350A Facilities for instruction in mother-tongue at the primary stage.
• 350B Special Officer for linguistic minorities.
• 351 Directive for development of the Hindi language.

PART XVIII: EMERGENCY PROVISIONS

• 352 Proclamation of Emergency.
• 353 Effect of Proclamation of Emergency.
• 354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
• 355 Duty of the Union to protect States against external aggression and internal disturbance.
• 356 Provisions in case of failure of constitutional machinery in States.
• 357 Exercise of legislative powers under Proclamation issued under article 356.
• 358 Suspension of provisions of article 19 during emergencies.
• 359 Suspension of the enforcement of the rights conferred by Part III during emergencies.
• 359A [Repealed.]
• 360 Provisions as to financial emergency.

PART XIX: MISCELLANEOUS

• 361 Protection of President and Governors and Rajprakukhs.
• 361A Protection of publication of proceedings of Parliament and State Legislatures.
• 361B Disqualification for appointment on remunerative political post.
• 362 [Repealed.]
• 363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
• 363A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
• 364 Special provisions as to major ports and aerodromes.
• 365 Effect of failure to comply with, or to give effect to, directions given by the Union.
• 366 Definitions.
• 367 Interpretation.

PART XX: AMENDMENT OF THE CONSTITUTION

• 368 Power of Parliament to amend the Constitution and procedure therefor.

PART XXI: TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

• 369 Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
• 370 Temporary provisions with respect to the State of Jammu and Kashmir.
• 371 Special provision with respect to the States of Maharashtra and Gujarat.
• 371A Special provision with respect to the State of Nagaland.
• 371B Special provision with respect to the State of Assam.
• 371C Special provision with respect to the State of Manipur.
• 371D Special provisions with respect to the State of Andhra Pradesh.
• 371E Establishment of Central University in Andhra Pradesh.
• 371F Special provisions with respect to the State of Sikkim.
• 371G Special provision with respect to the State of Mizoram.
• 371H Special provision with respect to the State of Arunachal Pradesh.
• 371-I Special provision with respect to the State of Goa.
• 371J Special provision with respect to the State of Karnataka.
• 372 Continuance in force of existing laws and their adaptation.
• 372A Power of the President to adapt laws.
• 373 Power of President to make order in respect of persons under preventive detention in certain cases.
• 374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
• 375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
• 376 Provisions as to Judges of High Courts.
• 377 Provisions as to Comptroller and Auditor-General of India.
• 378 Provisions as to Public Service Commissions.
• 378A Special provision as to the duration of Andhra Pradesh Legislative Assembly.
• 379-391 [Repealed.]
• 392 Power of the President to remove difficulties.

PART XXII: SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS

• 393 Short title.
• 394 Commencement.
• 394A Authoritative text in the Hindi language.
• 395 Repeals.

Schedules of the Constitution of India

The Constitution also includes 12 Schedules, which provide additional details and frameworks for governance. Here are the Schedules:

• Schedule I: Lists the names of states and union territories and their territorial boundaries.

• Schedule II: Provisions relating to the emoluments, allowances, and privileges of the President, Governors, Judges, and other public officials.

• Schedule III: Forms of oath or affirmation for various constitutional offices.

• Schedule IV: Allocation of seats in the Rajya Sabha (Council of States) to the states and union territories.

• Schedule V: Provisions for the administration and control of Scheduled Areas and Scheduled Tribes.

• Schedule VI: Provisions for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.

• Schedule VII: Division of powers between the Union and State Governments through three lists – Union List, State List, and Concurrent List.

• Schedule VIII: Lists the official languages of India.

• Schedule IX: Provisions for laws that are exempt from judicial review (originally related to land reforms).

• Schedule X: Provisions relating to disqualification of members of Parliament and State Legislatures on the grounds of defection (Anti-Defection Law).

• Schedule XI: Details the powers, authority, and responsibilities of Panchayats (rural local governance).

• Schedule XII: Details the powers, authority, and responsibilities of Municipalities (urban local governance).

History of the Indian Constitution

The Constitution of India did not emerge overnight. It is the result of centuries of struggle, freedom movements, and legal reforms. Several events laid the foundation for this monumental document:

India was under British rule for nearly 200 years, during which various laws and acts were passed to administer the country. Some major milestones include:

• Regulating Act of 1773 – Laid the foundation of central administration in India.

• Charter Acts (1813, 1833, 1853) – Expanded British control and reorganized governance.

• Government of India Act, 1858 – Transferred power from the East India Company to the British Crown.

• Indian Councils Act, 1909 – Introduced limited representation for Indians.

• Government of India Act, 1919 – Introduced diarchy in provinces.

• Government of India Act, 1935 – Became the blueprint for the Indian Constitution, as it laid down federal structure, provincial autonomy, and governance systems.

The freedom struggle led by leaders like Mahatma Gandhi, Jawaharlal Nehru, Sardar Patel, Subhas Chandra Bose, and B.R. Ambedkar pushed the demand for self-governance.

The Need for a Constitution

When India gained independence on August 15, 1947, we faced enormous challenges. The country was divided into India and Pakistan, millions of people were displaced, and there was communal tension everywhere. In this chaotic situation, our leaders realized that we needed a strong constitutional framework to unite the country and establish a stable government.

The British had left behind a complex administrative system, but India needed its own identity and its own rules. We needed a Constitution that would reflect Indian values, protect all communities, and create a system where everyone could live with dignity and equality.

The Constituent Assembly: Architects of Our Constitution

The Constituent Assembly was formed to write India's Constitution. It was like a special committee of very wise and learned people from different parts of India. The Assembly had 389 members initially, but after partition, it was reduced to 299 members.

In 1946, the Constituent Assembly was formed to draft the Constitution. The members were elected indirectly by the Provincial Legislative Assemblies.

• Total Members: 389 (later reduced to 299 after Partition)

• First Meeting: 9th December 1946

• Final Adoption: 26th November 1949

• Enforcement Date: 26th January 1950

Key Figures in the Constituent Assembly:

Dr. B.R. Ambedkar: Known as the "Father of the Indian Constitution," Dr. Ambedkar was the Chairman of the Drafting Committee. He was a brilliant lawyer and social reformer who worked tirelessly to ensure that the Constitution protected the rights of all people, especially those who had been discriminated against.

Jawaharlal Nehru: India's first Prime Minister, Nehru played a crucial role in shaping the vision of modern India. His famous "Tryst with Destiny" speech captured the hopes and dreams of the new nation.

Sardar Vallabhbhai Patel: Known as the "Iron Man of India," Patel helped unite the princely states and contributed to the federal structure of our Constitution.

Maulana Abul Kalam Azad: A great scholar and freedom fighter, he ensured that the Constitution reflected India's secular values.

Sarojini Naidu: One of the few women members, she represented the voice of women and advocated for gender equality.

The Drafting Process: A Labor of Love

The process of writing the Constitution was not easy. It took 2 years, 11 months, and 18 days to complete. The Constituent Assembly held 11 sessions with a total of 166 meetings. Every single article, every word was debated thoroughly.

The drafting process was led by the Drafting Committee, chaired by Dr. B.R. Ambedkar, also known as the Father of the Indian Constitution.

Key Facts About the Drafting Process

• Duration: 2 years, 11 months, and 18 days

• Sessions: 11 sessions with 114 days of debates

• Total Cost: ₹6.4 crore (approximately ₹64 lakhs in 1949)

• Sources: The Constitution borrowed features from over 60 constitutions worldwide, including the UK, USA, Canada, Australia, and Ireland.

The Influence of Global Constitutions:

• From Britain: Parliamentary system and rule of law
• From USA: Fundamental rights and independence of judiciary
• From Ireland: Directive Principles of State Policy
• From Canada: Federal structure with a strong center
• From Australia: Concurrent list of powers
• From USSR: Fundamental duties

The members studied constitutions from around the world – the United States, Britain, Canada, Australia, Ireland, and many other countries. They took the best ideas from each and adapted them to suit India's unique needs and circumstances.

The Structure of Our Constitution

Basic Framework

The Indian Constitution is organized into different parts, like chapters in a book. Let's understand the main components:

The Preamble: This is like the introduction that tells us the basic philosophy and goals of our Constitution.

Fundamental Rights: These are the basic rights that every Indian citizen enjoys, like freedom of speech and equality before law.

Directive Principles of State Policy: These are guidelines for the government on how to run the country and create a welfare state.

Fundamental Duties: These are responsibilities that every citizen should follow.

Government Structure: This explains how the central government, state governments, and local governments work.

The Preamble: Our Constitutional Philosophy

The Preamble is like the soul of our Constitution. It begins with the famous words: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC..."

Let's understand what each word means:

WE, THE PEOPLE OF INDIA: This means that the Constitution comes from the people of India, not from any king or foreign power. It establishes that ultimate power lies with the people.

SOVEREIGN: India is completely independent and not under the control of any other country.

SOCIALIST: India is committed to reducing inequality and ensuring that wealth and resources are fairly distributed.

SECULAR: India doesn't favor any particular religion. All religions are treated equally.

DEMOCRATIC: People choose their representatives through elections.

REPUBLIC: The head of state (President) is elected, not a hereditary monarch.

The Preamble also promises to secure for all citizens:

• JUSTICE: Social, economic, and political justice for everyone
• LIBERTY: Freedom of thought, expression, belief, faith, and worship
• EQUALITY: Equal status and opportunities for all
• FRATERNITY: Brotherhood among all Indians, respecting human dignity

Fundamental Rights: Our Basic Freedoms

Fundamental Rights are like a protective shield that the Constitution gives to every Indian citizen. These rights ensure that the government cannot misuse its power against individuals.

The Six Fundamental Rights

1. Right to Equality (Articles 14-18)

This is perhaps the most important right in our Constitution. It means:

• All people are equal before the law
• No discrimination based on religion, race, caste, sex, or place of birth
• Equal opportunity in government jobs
• Abolition of untouchability
• No titles except military and academic honors

Real-life example: If you and your friend both apply for the same government job and have the same qualifications, you both should get equal consideration regardless of your caste, religion, or gender.

2. Right to Freedom (Articles 19-22)

This gives us various freedoms:

• Freedom of speech and expression
• Freedom to assemble peacefully
• Freedom to form associations
• Freedom to move freely throughout India
• Freedom to reside anywhere in India
• Freedom to practice any profession

Real-life example: You can express your opinions about government policies on social media, join peaceful protests, or move from one state to another for work or study.

3. Right against Exploitation (Articles 23-24)

This protects people from:

• Human trafficking
• Forced labor
• Child labor in hazardous industries

Real-life example: No one can force you to work without payment, and children under 14 cannot be employed in dangerous jobs like factories or mines.

4. Right to Freedom of Religion (Articles 25-28)

This ensures:

• Freedom to practice, profess, and propagate religion
• Freedom to manage religious affairs
• No religious instruction in government schools
• No tax for promoting any religion

Real-life example: You can follow any religion you want, visit any place of worship, and the government cannot force you to learn about a religion you don't believe in.

5. Cultural and Educational Rights (Articles 29-30)

This protects:

• Rights of minorities to preserve their culture and language
• Right to establish and run educational institutions

Real-life example: Linguistic and religious minorities can set up their own schools to preserve their culture and teach in their own language.

6. Right to Constitutional Remedies (Article 32)

This is called the "heart and soul" of the Constitution by Dr. Ambedkar. It gives you the right to go directly to the Supreme Court if any of your fundamental rights are violated.

Real-life example: If a government official violates your rights, you can file a petition in the Supreme Court for immediate relief.

Special Powers of the Supreme Court

The Supreme Court can issue special orders called writs to protect your rights:

Habeas Corpus: "Produce the body" – protects against illegal detention Mandamus: Orders government officials to do their duty Prohibition: Stops lower courts from exceeding their authority Certiorari: Reviews decisions of lower courts Quo Warranto: Questions someone's right to hold a public office

Features of the Indian Constitution

The Indian Constitution, adopted on January 26, 1950, is a comprehensive document that serves as the supreme law of the country. It is a unique blend of flexibility and rigidity, borrowing the best features from various constitutions across the world. Here are the key features of the Indian Constitution:

1. Lengthiest Written Constitution

• The Indian Constitution is the most detailed constitution in the world, with 448 articles in 25 parts, 12 schedules, and numerous amendments.
• It addresses every aspect of governance, rights, and duties in minute detail.

2. Sovereign, Socialist, Secular, Democratic Republic

• Sovereign: India is independent and free to make its own decisions without external interference.
• Socialist: Commitment to social equality and equitable distribution of resources.
• Secular: Equal treatment of all religions without favoring any.
• Democratic: The government is elected by the people.
• Republic: The head of the state is elected, not hereditary.

3. Federal Structure with a Unitary Bias

• It combines features of both federal and unitary systems.
• Division of powers between the Union and State governments.
• During emergencies, the Union government gains extensive powers.

4. Parliamentary System of Government

• Features a dual executive: the President (nominal) and the Prime Minister (real).
• Collective responsibility of the Council of Ministers to the Lok Sabha.

5. Fundamental Rights

• Guarantees six fundamental rights to all citizens:
  • Right to Equality
  • Right to Freedom
  • Right against Exploitation
  • Right to Freedom of Religion
  • Cultural and Educational Rights
  • Right to Constitutional Remedies

6. Directive Principles of State Policy

• Non-justiciable guidelines to the State for achieving socio-economic justice and welfare.

7. Fundamental Duties

• Added by the 42nd Amendment, it lists the moral obligations of citizens.

8. Independent Judiciary

• Ensures justice, equality, and liberty by acting as the guardian of the Constitution.
• Features a single integrated judicial system with the Supreme Court at the top.

9. Universal Adult Suffrage

• Grants the right to vote to every citizen aged 18 and above, regardless of caste, gender, religion, or wealth.

10. Single Citizenship

• Unlike federal countries like the USA, Indian citizens have single citizenship irrespective of their state of residence.

11. Amendability

• The Constitution is neither too rigid nor too flexible, allowing amendments to meet changing needs.
• Amendments require different procedures, including simple majority, special majority, and ratification by states.

12. Emergency Provisions

• Provides for three types of emergencies:
  • National Emergency
  • State Emergency (President's Rule)
  • Financial Emergency
• These provisions strengthen the unitary character of the Constitution during crises.

13. Preamble as the Guiding Light

• The Preamble declares India as a Sovereign, Socialist, Secular, Democratic Republic, ensuring Justice, Liberty, Equality, and Fraternity.

14. Special Provisions for Minorities and Backward Classes

• Reservations and protections for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
• Special rights for religious and linguistic minorities.

15. Mix of Rigidity and Flexibility

• Certain parts of the Constitution can be amended by a simple majority, while others require a more complex process.

16. Quasi-Federal Nature

• Though federal in structure, it exhibits unitary characteristics, especially during emergencies.

17. Provision for Local Governments

• The 73rd and 74th Amendments introduced Panchayati Raj and Municipalities, promoting grassroots governance.

18. Secular State

• India does not have an official state religion, and all religions are treated equally.

The Indian Constitution reflects the diverse and pluralistic nature of the country, ensuring the coexistence of unity and diversity under a democratic framework.

Importance of the Indian Constitution

The Indian Constitution is the backbone of the country’s democratic and legal framework. It is a vital document that establishes the principles of governance and safeguards the rights and freedoms of individuals. Here are the key reasons highlighting the importance of the Indian Constitution:

1. Establishes the Rule of Law

• The Constitution ensures that the rule of law prevails, and no one is above the law, including government authorities.
• It sets the foundation for a fair and just society by defining legal norms and principles.

2. Defines the Structure of Government

• The Constitution specifies the framework for the Union and State governments, their powers, functions, and interrelationships.
• It outlines the structure of the executive, legislature, and judiciary.

3. Safeguards Fundamental Rights

• It guarantees basic human rights such as freedom of speech, equality, and protection from exploitation.
• These rights empower individuals and provide mechanisms for seeking redress in case of violations.

4. Ensures Social Justice and Equality

• The Constitution addresses historical injustices and inequalities through affirmative actions like reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
• It promotes social welfare and equitable distribution of resources.

5. Protects Democracy

• The Constitution provides the foundation for democratic governance, ensuring free and fair elections.
• It empowers citizens to participate in decision-making processes through voting and public representation.

6. Acts as a Guide for Governance

• It lays down detailed provisions for how the country is to be governed.
• The Directive Principles of State Policy guide the government in policy-making and establishing a welfare state.

7. Maintains National Unity and Integrity

• The federal structure with a strong unitary bias ensures a balance between regional autonomy and national integration.
• Special provisions protect the interests of diverse communities, fostering unity in diversity.

8. Ensures Secularism

• The Constitution maintains a secular character by ensuring that the State treats all religions equally without favoring or discriminating against any.

9. Facilitates Economic Growth and Development

• It creates a conducive environment for economic growth by defining property rights, taxation, and trade regulations.
• It supports initiatives aimed at reducing poverty and promoting industrial and agricultural growth.

10. Provides Stability and Continuity

• The Constitution serves as a steady and continuous legal framework for governance, even during crises or transitions in power.
• Its adaptability through amendments ensures relevance over time.

11. Empowers Marginalized Sections

• Provisions like reservations and protective laws empower weaker sections of society, promoting their participation in governance and development.

12. Acts as a Symbol of Sovereignty

• It reflects India’s independence and sovereignty, ensuring that the country is governed by its own laws, free from external control.

13. Ensures Accountability of Government

• By instituting checks and balances among the executive, legislature, and judiciary, the Constitution prevents misuse of power.
• It ensures transparency and accountability in governance.

14. Promotes Grassroots Democracy

• Through provisions for Panchayati Raj and urban local bodies, it decentralizes power and promotes local self-governance.

15. Provides for Judicial Review

• The judiciary’s power to review laws and executive actions ensures that they conform to the Constitution, safeguarding democracy and individual rights.

The Indian Constitution is not just a legal document but a manifestation of the aspirations and values of the people of India. It continues to be a living document that evolves with the nation, ensuring justice, liberty, and equality for all.

Fun Facts About the Indian Constitution

The Indian Constitution is a remarkable document with a rich history, unique features, and fascinating details. Here are some fun and lesser-known facts about it:

1. World's Longest Written Constitution

• The Indian Constitution is the longest written constitution in the world. It originally had 395 articles, but it now has 448 articles divided into 25 parts, along with 12 schedules and numerous amendments.

2. It Took 2 Years, 11 Months, and 18 Days to Draft

• The Constitution was drafted by the Constituent Assembly over a span of 2 years, 11 months, and 18 days, starting from December 9, 1946, and ending on November 26, 1949.

3. Over 100 Amendments

• The Indian Constitution has been amended more than 100 times since its adoption in 1950, demonstrating its adaptability to changing needs.

4. The Original Copy is Handwritten

• The original copies of the Indian Constitution were handwritten in both English and Hindi by a team of calligraphers. The English copy was signed in 1950, and the Hindi version in 1951.

5. It Was Signed by 284 Members

• The Constitution was signed by 284 members of the Constituent Assembly on January 26, 1950. The original signing ceremony took place in the Constitution Hall (now called the Central Hall of Parliament).

6. The Preamble Was Inspired by the USA and Australia

• The Preamble to the Indian Constitution is inspired by the Preamble of the United States Constitution and the Australian Constitution. It expresses the ideals of justice, liberty, equality, and fraternity.

7. The Constitution is Not Completely Rigid or Flexible

• Unlike some countries, India’s Constitution is neither entirely rigid nor completely flexible. It has a unique feature that allows it to be amended in various ways – some provisions can be amended by a simple majority, while others require a special majority.

8. A Sovereign Country with a "Borrowed" Constitution

• While India’s Constitution is unique, it has borrowed features from various countries. It draws inspiration from the UK (parliamentary system), the USA (fundamental rights), Ireland (Directive Principles), and Canada (federal structure).

9. The Constitution Has 12 Schedules

• The Indian Constitution has 12 schedules that categorize and tabulate various provisions of the Constitution, including lists of states and union territories, the allocation of powers, and the languages recognized by the Constitution.

10. The Constituent Assembly Was Diverse

• The Constituent Assembly had a diverse membership, including leaders from different regions, religions, and professions. The assembly comprised members from various communities, with women like Sarojini Naidu and Hansa Mehta playing key roles.

11. It Provides for "Single Citizenship"

• Unlike countries like the USA or Canada, India follows the principle of single citizenship. All citizens, regardless of the state they belong to, are considered Indian citizens, not citizens of any specific state.

12. The Constitution Was Published in Two Languages

• The original Constitution was published in both English and Hindi, making it accessible to a larger population. However, the Constitution in English is the official version.

13. It Contains Special Provisions for Jammu and Kashmir

• Article 370 of the Constitution provided special autonomy to Jammu and Kashmir (this provision was later revoked in August 2019). The state's laws, rights, and governance were distinct in many ways from the rest of India.

14. The Indian President's Oath Is Unique

• The Indian President's oath includes a commitment to "preserve, protect, and defend the Constitution," which is a direct reflection of the Constitution's central role in the governance of the country.

15. The Constitution Has Grown Over Time

• Initially, the Constitution had 395 articles, but due to amendments and changes in the country's needs, the number of articles and sections has increased significantly, now totaling over 450 articles.

16. Incorporates Universal Adult Franchise

• The Indian Constitution provided for universal adult suffrage, allowing all adult citizens to vote irrespective of caste, color, or religion, a revolutionary idea at the time.

The Indian Constitution is not just a foundational legal document; it is also a symbol of the country’s democratic spirit, its commitment to justice, and its quest for equality. These fun facts highlight its historical significance and the richness of its content.

Timeline of formation of the Constitution of India

The formation of the Constitution of India was a significant and lengthy process that spanned several years, starting from the time India was under British rule to its eventual independence and the drafting of the Constitution. Here is a timeline of the key events in the formation of the Constitution of India:

1. Pre-Independence Era

• 1858: British government assumed direct control over India after the revolt of 1857, initiating the period of British colonial rule.
• 1909 - Morley-Minto Reforms: Introduced some constitutional reforms, including separate electorates for Muslims.
• 1919 - Montagu-Chelmsford Reforms (Government of India Act, 1919): Introduced the concept of responsible government at the provincial level, but the central government remained under British control.
• 1935 - Government of India Act, 1935: This was the most significant constitutional development before independence. It laid down the framework for a federal structure and provided for the establishment of a federal court. The Act served as the basis for the Constitution of India.

2. Post-Independence Era

• 1940: The demand for a separate constitution for India was first voiced by the Indian National Congress. The idea of an Indian Constitution was gaining traction.
• 1942 - Cripps Mission: The British Government's attempt to gain Indian support during World War II, which failed, but it suggested the formation of a constituent assembly.
• 1946 - Cabinet Mission Plan: The British Government sent a Cabinet Mission to India to discuss the process of transferring power. This led to the establishment of the Constituent Assembly.

3. Formation of the Constituent Assembly

• 1946 - Constituent Assembly Formation: The Constituent Assembly was formed in December 1946. It was made up of 389 members representing different provinces and princely states. The Assembly was tasked with drafting the Constitution for independent India.
• August 15, 1947: India gained independence from British rule. Despite gaining independence, India continued to operate under the Government of India Act, 1935, until the new Constitution was adopted.

4. Drafting the Constitution

• November 26, 1947: The Constituent Assembly began its formal work of drafting the Constitution.
• November 1949: The drafting committee, headed by Dr. B.R. Ambedkar, completed the draft of the Constitution after more than two years of discussions, debates, and revisions.
• November 26, 1949: The Constituent Assembly adopted the Constitution of India. The adoption was done by a majority vote of the members, with Dr. Rajendra Prasad as the President of the Constituent Assembly.

5. Enactment of the Constitution

• January 26, 1950: The Constitution of India came into force, marking the birth of the Republic of India. January 26 was chosen as the date for the Constitution’s implementation to commemorate the declaration of Purna Swaraj (Complete Independence) in 1930 by the Indian National Congress.

Thus, the timeline of the formation of the Constitution of India spans from the early 20th century, with steps taken under British rule, to the drafting and adoption of the Constitution in 1949, and its implementation in 1950. This document laid down the framework for a democratic republic and continues to be the guiding legal instrument of the nation.

Fundamental Rights vs Directive Principles: The Balance

One interesting aspect of our Constitution is the relationship between Fundamental Rights and Directive Principles.

The Debate

• Fundamental Rights are enforceable in courts
• Directive Principles are not enforceable but guide government policy
• Sometimes they conflict with each other

Supreme Court's Approach

The Supreme Court has evolved its approach over time:

Initially: Gave priority to Fundamental Rights Later: Recognized importance of Directive Principles Current Approach: Tries to balance both, seeing them as complementary

Example: The right to property (fundamental right) vs land reforms (directive principle). The court now supports land reforms for social justice while ensuring fair compensation.

Directive Principles of State Policy: Guidelines for Good Governance

While Fundamental Rights tell the government what it cannot do, Directive Principles tell the government what it should do to create a just society.

Key Directive Principles

Economic and Social Goals:

• Provide adequate means of livelihood for all
• Prevent concentration of wealth
• Equal pay for equal work for men and women
• Protect workers and ensure humane working conditions
• Provide education and healthcare

Political Goals:

• Establish a uniform civil code
• Organize village panchayats
• Separate judiciary from executive

Moral and International Goals:

• Promote international peace and security
• Maintain just relations between nations
• Protect environment and wildlife

How Directive Principles Work in Practice

Example 1: Mid-Day Meal Scheme: The government provides free meals to school children, implementing the directive to provide adequate nutrition.

Example 2: MGNREGA: This employment guarantee scheme ensures work for rural people, following the directive to provide livelihood opportunities.

Example 3: Right to Education Act: Free and compulsory education for children aged 6-14 implements the directive to provide education.

Fundamental Duties: Our Responsibilities as Citizens

In 1976, the Constitution was amended to add Fundamental Duties. These remind us that rights come with responsibilities.

The 11 Fundamental Duties

1. Respect the Constitution: Follow constitutional values and ideals
2. Respect National Symbols: Honor the national flag, anthem, and emblem
3. Unity and Integrity: Uphold and protect India's sovereignty and territorial integrity
4. Defend the Country: Be ready to serve the nation when called upon
5. Promote Harmony: Foster brotherhood among all people regardless of differences
6. Preserve Heritage: Value and preserve our rich composite culture
7. Protect Environment: Safeguard natural environment including forests and wildlife
8. Develop Scientific Temper: Cultivate scientific thinking and spirit of inquiry
9. Safeguard Public Property: Protect and not damage public property
10. Strive for Excellence: Always aim to achieve excellence in all areas of activity
11. Provide Education: Parents must provide opportunities for education to children aged 6-14

Why Duties Matter

Creating Responsible Citizens: Duties remind us that we're not just beneficiaries of rights but also contributors to society's well-being.

Balancing Rights and Responsibilities: When everyone follows their duties, it becomes easier for everyone to enjoy their rights.

National Integration: Duties help create a sense of unity and shared responsibility among diverse populations.

The Government Structure: How India is Governed

The Indian Constitution establishes a federal system with three levels of government:

Central Government (Union Government)

The President:

• Head of State
• Elected by Electoral College
• Ceremonial head with real power exercised by Council of Ministers
• 5-year term

The Prime Minister and Council of Ministers:

• Real executive power
• Prime Minister is the leader of majority party in Lok Sabha
• Council of Ministers collectively responsible to Lok Sabha

Parliament:

• Lok Sabha (House of People): 545 members, directly elected, 5-year term
• Rajya Sabha (Council of States): 250 members, indirectly elected by state legislatures, 6-year term

The Supreme Court:

• Highest court in India
• Guardian of Constitution
• Final interpreter of law

State Governments

Each state has a similar structure to the central government:

Governor: Head of state (appointed by President) Chief Minister and Council of Ministers: Real executive power State Legislature:

• Legislative Assembly (Vidhan Sabha): Lower house
• Legislative Council (Vidhan Parishad): Upper house (not all states have this) High Courts: Highest court in the state

Local Governments

Panchayati Raj (Rural):

• Gram Panchayat: Village level
• Panchayat Samiti: Block level
• Zilla Panchayat: District level

Urban Local Bodies:

• Municipal Corporations: Large cities
• Municipal Councils: Smaller cities
• Nagar Panchayats: Towns

Sources of the Constitution of India

The Constitution of India is a remarkable blend of ideas and principles from various legal systems around the world. Its framers drew inspiration from several national and international documents, historical precedents, and philosophies to create a constitution that would best suit India's unique socio-political and cultural context. Here are the key sources of the Indian Constitution:

1. Government of India Act 1935

• Major Influence: The Government of India Act of 1935 was the most significant precursor to the Indian Constitution. It provided the basic structure for federalism, the division of powers between the Union and States, and the framework for the judiciary.
• Key Features Borrowed:
  • Federal system with a strong central government.
  • Office of the Governor.
  • Bicameral legislature (Council of States and House of the People).
  • Separation of powers between the executive, legislature, and judiciary.
  • Emergency provisions.

2. The British Constitution

• Major Influence: The British Constitution, though unwritten, influenced India’s system of governance, particularly the Westminster-style parliamentary democracy.
• Key Features Borrowed:
  • The concept of the parliamentary system of government.
  • Role of the Prime Minister as the leader of the government.
  • Principle of collective responsibility of the Cabinet to the legislature.
  • The office of the President (though it is ceremonial in India, inspired by the British monarch).
  • Rule of law.

3. The United States Constitution

• Major Influence: The Constitution of the United States provided significant inspiration for the inclusion of fundamental rights and the separation of powers between the executive, legislature, and judiciary.
• Key Features Borrowed:
  • Fundamental Rights: The idea of guaranteeing certain fundamental rights to citizens.
  • Supremacy of the Constitution: The Constitution is supreme, and all laws must conform to it.
  • Judicial Review: The judiciary has the power to review the constitutionality of laws and executive actions.
  • Federalism: A system of governance where powers are divided between the central government and state governments.

4. The Irish Constitution

• Major Influence: The Constitution of Ireland inspired several provisions in the Indian Constitution, particularly related to Directive Principles of State Policy and the method of amendment.
• Key Features Borrowed:
  • Directive Principles of State Policy: These principles, aimed at establishing a welfare state, were borrowed from the Irish Constitution.
  • Nomination of Members to the Rajya Sabha: Similar to the Irish practice, certain members of the Indian Parliament are nominated.

5. The Australian Constitution

• Major Influence: The Australian Constitution contributed to the federal structure and the system of judicial review in India.
• Key Features Borrowed:
  • Concurrent List: The concept of a Concurrent List, where both the Union and State governments have the power to legislate on certain matters, was adopted from the Australian Constitution.
  • Freedom of Trade and Commerce: Provisions related to freedom of trade and commerce across states were influenced by Australia’s constitution.

6. The Canadian Constitution

• Major Influence: The Canadian Constitution helped shape the federal structure of the Indian Constitution, especially regarding the distribution of powers between the Union and States.
• Key Features Borrowed:
  • Strong Central Government: The Indian Constitution adopted a strong central government with a unitary bias, similar to Canada.
  • Bicameral Legislature: The concept of a two-chamber legislature, comprising the Lok Sabha (House of the People) and Rajya Sabha (Council of States), is inspired by Canada.

7. The Weimar Constitution of Germany

• Major Influence: The Weimar Constitution, though short-lived, influenced the provisions on emergency powers and the suspension of rights during an emergency.
• Key Features Borrowed:
  • Emergency Provisions: The provision for declaring a state of emergency and suspending certain rights during an emergency was influenced by the Weimar Constitution.

8. The French Constitution

• Major Influence: The French Constitution influenced the principles of secularism and the concept of the republic in India.
• Key Features Borrowed:
  • Republican Ideals: The concept of a democratic republic, where the head of state is elected, not hereditary, was inspired by the French Republic.
  • Secularism: The French concept of secularism, where the state is neutral regarding religion, heavily influenced India's stance on secularism.

9. The Soviet Union (USSR) Constitution

• Major Influence: The Soviet Constitution provided inspiration for the concept of fundamental duties and the inclusion of socio-economic rights.
• Key Features Borrowed:
  • Fundamental Duties: The inclusion of fundamental duties, added to the Indian Constitution by the 42nd Amendment in 1976, was influenced by the Soviet Constitution.
  • Socialist Ideals: Provisions related to the welfare state, social justice, and equitable distribution of wealth were inspired by Soviet socialist principles.

10. The Constitution of South Africa

• Major Influence: The post-apartheid Constitution of South Africa influenced the inclusion of a comprehensive Bill of Rights.
• Key Features Borrowed:
  • Bill of Rights: India’s fundamental rights section was inspired by the Bill of Rights in South Africa’s Constitution, ensuring equality and non-discrimination.

11. Historical Documents and Philosophies

• Magna Carta (1215): The concept of the rule of law and limitation of the powers of the king, which influenced the British legal system, also made its way into the Indian Constitution.
• The Social Contract Theory (John Locke, Rousseau): Ideas related to the relationship between individuals and the state, and the concept of individual rights and freedoms, influenced the drafting of India’s Fundamental Rights.
• Buddhist and Gandhian Philosophy: The ideals of non-violence, social justice, and welfare found in the teachings of Buddha and Mahatma Gandhi also contributed to the vision of India’s governance, especially in the Directive Principles of State Policy.

The Indian Constitution is a product of global influences, historical precedents, and philosophical ideas. Its framers synthesized a wide range of legal systems, adapting them to India’s diverse needs. This unique blend has helped make the Indian Constitution one of the most comprehensive and flexible documents in the world.

Related Articles

• Fundamental Rights under the Indian Constitution

• Directive Principles of State Policy Explained

• Role of the Supreme Court in Indian Democracy

• Important Amendments to the Constitution of India

• Preamble of the Indian Constitution – Meaning & Importance

Conclusion

The Constitution of India is more than just a legal document; it is the guardian of our democracy and the protector of our rights. 

It reflects the dreams and aspirations of the people of India. By understanding and respecting our Constitution, we can contribute to the progress and unity of our great nation.

As citizens, let us uphold the values enshrined in the Constitution and work towards building a just and equitable society. After all, the Constitution is not just for the government—it is for each one of us.