Polity: Indian Constitution

Polity: Indian Constitution

1. Introduction to the Indian Constitution

The Indian Constitution is the supreme law of India. It lays down the framework that defines the political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights, directive principles, and duties of citizens.

  • Adopted On: November 26, 1949

  • Came into Effect On: January 26, 1950

  • Drafting Committee Chairperson: Dr. B.R. Ambedkar

  • Key Features:

    • It is the lengthiest written Constitution in the world.

    • It ensures justice, liberty, equality, and fraternity for all citizens.


2. Historical Background

The Indian Constitution draws heavily from various sources and historical documents:

  1. Government of India Act, 1935: Provided the basic administrative structure.

  2. American Constitution: Inspiration for the Fundamental Rights and the structure of the judiciary.

  3. British Constitution: Parliamentary system and rule of law.

  4. Irish Constitution: Directive Principles of State Policy.

  5. Canadian Constitution: Federal structure with a strong central authority.


3. Preamble of the Indian Constitution

The Preamble serves as the soul of the Constitution, summarizing its philosophy and objectives.

  • Key Phrases in the Preamble:

    • Sovereign: India is independent and has supreme authority over its territory.

    • Socialist: Committed to social and economic equality.

    • Secular: Equal respect for all religions.

    • Democratic: Governance by elected representatives.

    • Republic: No hereditary monarchy; the head of state is elected.

The Preamble also ensures Justice, Liberty, Equality, and Fraternity for all citizens.


4. Salient Features of the Constitution

  1. Lengthiest Written Constitution:

    • Initially consisted of 395 Articles, divided into 22 Parts and 8 Schedules.

    • Today, it has 470 Articles in 25 Parts and 12 Schedules.

  2. Blend of Rigidity and Flexibility:

    • Amendments can be made through simple, special, or ratified majorities.
  3. Federal Structure with Unitary Bias:

    • Clear division of powers between the Union and States but with overriding central authority.
  4. Parliamentary System:

    • The President acts as a nominal executive, while real power rests with the Prime Minister and the Council of Ministers.
  5. Single Citizenship:

    • Unlike some federal systems, India provides single citizenship to promote unity.
  6. Independent Judiciary:

    • Ensures justice and acts as the guardian of the Constitution.
  7. Universal Adult Suffrage:

    • All citizens aged 18 and above can vote.
  8. Secular State:

    • No state religion, ensuring freedom of religion for all.

5. Fundamental Rights

Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35). They guarantee essential freedoms to individuals and are enforceable by courts.

RightArticlesDescription
Right to Equality14-18Prohibition of discrimination and abolition of untouchability.
Right to Freedom19-22Freedom of speech, expression, assembly, and movement.
Right against Exploitation23-24Prohibits forced labor and human trafficking.
Right to Freedom of Religion25-28Freedom to practice and propagate any religion.
Cultural and Educational Rights29-30Protection of cultural and educational rights of minorities.
Right to Constitutional Remedies32Right to approach courts for enforcement of Fundamental Rights.

6. Directive Principles of State Policy (DPSP)

  • Found in Part IV (Articles 36-51).

  • These principles guide the state in policymaking and aim to establish a welfare state.

Examples of DPSPs:

  • Equal pay for equal work for men and women (Article 39).

  • Right to education and public assistance in cases of unemployment (Article 41).

  • Promotion of international peace and security (Article 51).


7. Fundamental Duties

The Fundamental Duties were added by the 42nd Amendment Act, 1976, under Article 51A.

  • Total of 11 Fundamental Duties.

  • Examples:

    • Respect the Constitution, national flag, and anthem.

    • Promote harmony and brotherhood.

    • Protect natural resources and heritage.


8. Structure of the Constitution

PartSubjectArticles
Part IUnion and Its Territory1 to 4
Part IICitizenship5 to 11
Part IIIFundamental Rights12 to 35
Part IVDirective Principles of State Policy36 to 51
Part IV-AFundamental Duties51A
Part VThe Union52 to 151
Part VIThe States152 to 237
Part VIIRepealed by 7th Amendment
Part VIIIUnion Territories239 to 242

9. Emergency Provisions

The Constitution allows for the declaration of emergencies under Part XVIII:

  1. National Emergency (Article 352):

    • Due to war, external aggression, or armed rebellion.
  2. State Emergency (Article 356):

    • If a state government fails to function constitutionally.
  3. Financial Emergency (Article 360):

    • In cases of financial instability.

10. Amendments to the Constitution

The Constitution has undergone 105 amendments as of 2024.

  • Important Amendments:

    1. 1st Amendment (1951): Allowed reasonable restrictions on freedom of speech.

    2. 42nd Amendment (1976): Added Socialist, Secular, and Integrity to the Preamble.

    3. 73rd and 74th Amendments (1992): Strengthened local self-governance.


11. Schedules of the Constitution

ScheduleSubject
Schedule INames of States and Union Territories.
Schedule VIIDivision of powers into Union, State, and Concurrent Lists.
Schedule XAnti-defection laws for Members of Parliament and Legislatures.

12. The Role of Judiciary

The judiciary ensures justice and acts as the guardian of the Constitution. It consists of:

  • Supreme Court: The apex court.

  • High Courts: At the state level.

  • Subordinate Courts: At the district level.