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Introduction

The Constitution of India stands as the supreme law of the land, governing the Republic of India. Adopted by the Constituent Assembly on November 26, 1949, it officially came into effect on January 26, 1950.

Rooted in democratic principles, the Constitution establishes a parliamentary form of government, blending federal structures with unitary features. This foundational document lays the framework for India's governance, enshrining the rights, duties, and institutions that shape the nation's democratic ethos and functioning.

Background

The Indian Constitution emerged from a robust and inclusive process spearheaded by the Constituent Assembly, established under the Cabinet Mission Plan of 194

Key highlights of this monumental endeavour:-

• Formation of the Constituent Assembly: Comprising 389 members representing provinces, states, and Chief Commissioner Provinces, the Constituent Assembly was tasked with drafting the Constitution.
• Convening of the Assembly: The Assembly convened on December 9, 1946, with Dr. Rajendra Prasad elected as its Chairman on December 11, 1946.
• Impact of Partition: The partition of India led to the withdrawal of Muslim League members, reducing the Assembly's strength to 299 members.
• Committees and Drafting Committee: Thirteen committees were formed to deliberate on various aspects of the Constitution. A seven-member Drafting Committee, chaired by Dr. B.R. Ambedkar, compiled a draft based on the reports of these committees.
• Publication and Public Discussion: The draft Constitution was published in January 1948, opening it for public discussion and proposed amendments for a period of eight months.
• Inspirations and Modifications: Drawing inspiration from various constitutions, including those of the UK, US, Ireland, and Canada, the framers made necessary modifications to suit Indian conditions and to address potential flaws.
• Adoption of the Final Draft: After meticulous deliberations and revisions, the final draft of the Constitution was adopted on November 26, 1949. It was signed by the President of the Assembly, marking the culmination of an exhaustive and inclusive constitutional-making process.

Features of the Constitution

• The Bulkiest Constitution of the World

• Originally consisting of 395 articles, the Indian Constitution now comprises 448 articles divided into 25 parts and 12 schedules.
• Its extensive nature is due to the incorporation of provisions from other countries' constitutions to prevent future loopholes.

• Combination of Rigidity and Flexibility

• While some provisions can be amended by a simple majority of Parliament, others require a two-thirds majority of Parliament members and state legislatures.
• Further flexibility is introduced through provisions allowing Parliament to supplement the constitution via legislation.

• The Parliamentary System of Government

• Establishes a parliamentary system where real executive power lies with the council of ministers, while the President serves as a nominal ruler.
• Adopted due to its familiarity and suitability to India's vast size and cultural diversity.

• A Federal System with a Unitary Bias

• Provides for a federation with a strong center, described as a "Union of States" rather than a federation.
• During emergencies, the federal structure can become unitary, altering the distribution of powers between the center and states.

• Fundamental Rights

• Elaborate list of Fundamental Rights protects citizens from laws that infringe upon their rights.
• Courts have the authority to declare unconstitutional laws that violate these rights.

• Fundamental Duties

• Added by the 42nd Amendment in 1976, the constitution includes a list of 10 fundamental duties for citizens.
• Serve as a reminder of citizens' responsibilities towards the nation, society, and fellow citizens while enjoying their rights.

• Directive Principles of State Policy (DPSP)

• Outlines principles for the government to consider while formulating policies.
• Aim to provide a social and economic basis for democracy and establish a welfare state.

• Secular State

• Establishes India as a secular state, separate from religious dogmas.
• Guarantees freedom of religion while allowing regulation in the public interest.

• Independent Judiciary

• The constitution establishes an independent judiciary to ensure government adherence to constitutional provisions.
• It safeguards the liberties and fundamental rights of citizens and delineates the limits of power between the center and states.

• People as the Source of Authority

• The Constitution derives its authority from the people and is enacted in their name, as evident from the preamble.
• “We the people of India" signifies the collective will and sovereignty of the citizens in adopting and enacting the constitution.

• Universal Adult Franchise

• Introduces universal adult franchise, granting voting rights to all citizens above 18 without discrimination.
• Provides reserved seats for Scheduled Castes and Scheduled Tribes to ensure their adequate representation in the democratic process.

• Emergency Powers

• Grants the President extraordinary powers during armed rebellion, external aggression, breakdown of constitutional machinery, or financial emergencies.
• These powers are invoked under specific circumstances to address critical national situations.

• Single Citizenship

• Provides single citizenship, treating all residents across the country as Indian citizens with equal rights.
• There are no separate citizenships for different states, ensuring uniformity and equality under the law.

• Bicameral Legislature

• Establishes a bicameral legislature comprising the Lok Sabha (representatives of the people) and the Rajya Sabha (representatives of the states).
• This dual structure ensures representation at both national and state levels, fostering a balanced legislative process.

• Special Provisions for Minorities

• The constitution includes special provisions for minorities, Scheduled Castes, and Scheduled Tribes.
• Reserves seats for them in Parliament and state legislatures, along with granting specific rights and privileges to safeguard their interests.

• Panchayati Raj

• Provides a constitutional basis for Panchayati Raj institutions and urban local bodies.
• Implemented through the seventy-third and seventy-fourth amendments in December 1992, empowering local governance and decentralizing decision-making.

Schedules, Parts, and Articles of the Indian Constitution

The Indian Constitution consists of schedules, parts, and articles, which outline the structure and principles of the country's governance. Schedules provide additional information on various topics, while parts organize the Constitution thematically. Articles detail specific regulations governing governance, fundamental rights, and citizen duties, among other aspects. These components collectively form the framework of India's constitutional system, guiding its democratic governance and societal development.

Parts of the Indian Constitution

• Part I: The Union and its Territory
• Articles 1 to 4

• Part II: Citizenship
• Articles 5 to 11

• Part III: Fundamental Rights
• Articles 12 to 35

• Part IV: Directive Principles
• Articles 36 to 51

• Part IVA: Fundamental Duties
• Article 51A

• Part V: The Union
• Chapter I: The Executive (Articles 52 to 78)
• Chapter II: Parliament (Articles 79 to 122)
• Chapter III: Legislative Powers of President (Article 123)
• Chapter IV: The Union Judiciary (Articles 124 to 147)
• Chapter V: Comptroller and Auditor-General of India (Articles 148 to 151)
• Articles 52 to 151

• Part VI: The States
• Chapter I: General (Article 152)
• Chapter II: The Executive (Articles 153 to 167)
• Chapter III: The State Legislature (Articles 168 to 212)
• Chapter IV: Legislative Powers of Governor (Article 213)
• Chapter V: The High Courts (Articles 214 to 232)
• Chapter VI: Subordinate Courts (Articles 233 to 237)
• Articles 152 to 237

• Part VIII: The Union Territories
• Articles 239 to 242

• Part IX: The Panchayats
• Articles 243 to 243O

• Part IXA: The Municipalities
• Articles 243P to 243ZG

• Part IXB: Co-operative Societies
• Articles 243H to 243ZT

• Part X: The Scheduled and Tribal Areas
• Articles 244 to 244A

• Part XI: Relation between the Union and the States
• Chapter I: Legislative Relations (Articles 245 to 255)
• Chapter II: Administrative Relations (Articles 256 to 263)
• Articles 245 to 263

• Part XII: Finance, Property, Contracts and Suits
• Chapter I: Finance (Articles 264 to 291)
• Chapter II: Borrowing (Articles 292 to 293)
• Chapter III: Property, Contracts, Rights, Liabilities, Obligations, and Suits (Articles 294 to 300)
• Chapter IV: Right to Property (Article 300-A)
• Articles 264 to 300A

• Part XIII: Trade, Commerce, and Intercourse within the Territory of India
• Articles 301 to 307

• Part XIV: Services under the Union and the States
• Articles 308 to 323

• Part XIVA: Tribunals
• Articles 323A to 323B

• Part XV: Elections
• Articles 324 to 329A

• Part XVI: Special provisions relating to certain classes
• Articles 330 to 342

• Part XVII: Official Language
• Chapter I: Language of the Union (Articles 343 to 344)
• Chapter II: Regional Languages (Articles 345 to 347)
• Chapter III: Language of the Supreme Court, High Courts, and so on (Articles 348 to 349)
• Chapter IV: Special Directives (Articles 350 to 351)
• Articles 343 to 351

• Part XVIII: Emergency Provisions
• Articles 352 to 360

• Part XIX: Miscellaneous
• Articles 361 to 367

• Part XX: Amendment of the Constitution
• Article 368

• Part XXI: Temporary, Transitional, and Special Provisions
• Articles 369 to 392

• Part XXII: Short title, commencement, authoritative text in Hindi, and repeals
• Articles 393 to 395

Schedules of the Indian Constitution

• First Schedule

• Subject Matter: The list of states and union territories and their territorial jurisdiction
• Articles Covered: 1 and 4

• Second Schedule

• Subject Matter: Provisions relating to emoluments, allowances, privileges, and so on of:-
• President
• Governors of States
• Speaker and the Deputy Speaker of Lok Sabha
• Chairman & Deputy Chairman of Rajya Sabha
• Speaker & Deputy Speaker of the Legislative Assembly in the states
• Chairman & Deputy Chairman of Legislative Council of a State
• Judges of the Supreme Court
• Judges of the High Courts
• Comptroller and Auditor-General of India
• Articles Covered: 59, 65, 75, 97, 125, 148, 158, 164, 186, and 221

• Third Schedule

• Subject Matter: The Forms of Oaths or Affirmations.
• Articles Covered: 75, 84, 99, 124, 146, 173, 188, and 219

• Fourth Schedule

• Subject Matter: Provisions as to the allocation of seats in Rajya Sabha to states and UTs
• Articles Covered: 4 and 80

• Fifth Schedule

• Subject Matter: Provisions relating to the Administration and Control of Scheduled Areas and Scheduled Tribes.
• Articles Covered: 244

• Sixth Schedule

• Subject Matter: Provisions related to Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura, and Mizoram.
• Articles Covered: 244 and 275

• Seventh Schedule

• Subject Matter: Division of powers between the Union and the States in terms of The Union list, State list, and the concurrent list.
• Articles Covered: 246

• Eighth Schedule

• Subject Matter: The list of recognized languages.
• Articles Covered: 344 and 351

• Ninth Schedule

• Subject Matter: Acts and Regulations of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters.
• Articles Covered: 31-B

• Tenth Schedule

• Subject Matter: Provisions as to disqualification on grounds of defection
• Articles Covered: 102 and 191

• Eleventh Schedule

• Subject Matter: The powers, authority, and responsibilities of Panchayats.
• Articles Covered: 243-G

• Twelfth Schedule

• Subject Matter: The powers, authority, and responsibilities of Municipalities.
• Articles Covered: 243-W

Conclusion

The Constitution of India, meticulously crafted by the Constituent Assembly, stands as a beacon of democracy and governance, embodying the aspirations and values of the nation. Its extensive provisions, including fundamental rights, directive principles, and fundamental duties, lay the groundwork for a just and equitable society. Through its schedules, parts, and articles, the Constitution delineates the powers and responsibilities of various institutions, ensuring a balance between federalism and unity while upholding the rights and duties of citizens. It remains a living document, adapting to the evolving needs of the nation while steadfastly upholding the principles of justice, liberty, equality, and fraternity.