Indian Constitution: An Overview

• The Indian Constitution is the supreme law of India.
• It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions.
• It also sets out fundamental rights, directive principles, and the duties of citizens.
• It is the longest written national constitution in the world.
• It came into effect on January 26, 1950, replacing the Government of India Act 1935 as the governing document of India.
• The Constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality, and liberty, and endeavors to promote fraternity among them.

Historical Context

• The demand for a Constituent Assembly to frame a constitution for India was first made in 1934 by M.N. Roy, a pioneer of the communist movement in India.
• The Indian National Congress officially demanded a Constituent Assembly in 1935.
• The British government accepted the demand in principle through the August Offer of 1940.
• The Cabinet Mission Plan of 1946 provided the framework for the Constituent Assembly.

Constituent Assembly

• The Constituent Assembly was formed in November 1946 under the Cabinet Mission Plan.
• It consisted of representatives elected indirectly by the members of the Provincial Legislative Assemblies.
• The Assembly included representatives from provinces, princely states, and chief commissioner provinces.
• The first meeting of the Constituent Assembly was held on December 9, 1946.
• Dr. Rajendra Prasad was elected as the President of the Assembly.
• A Drafting Committee was appointed on August 29, 1947, with Dr. B.R. Ambedkar as its Chairman.
• The Assembly took nearly three years (two years, eleven months, and eighteen days) to complete the Constitution.
• The Constitution was adopted on November 26, 1949, and came into effect on January 26, 1950.

Key Features of the Indian Constitution

• Written and Lengthiest Constitution: The Indian Constitution is a detailed document.
• Parliamentary Form of Government: The Constitution establishes a parliamentary system of government.
• Fundamental Rights: It guarantees fundamental rights to all citizens.
• Directive Principles of State Policy: These are guidelines to be followed by the government while framing laws.
• Fundamental Duties: It specifies the fundamental duties of every citizen of India.
• Secular State: India is a secular state, meaning that the state does not promote any particular religion.
• Independent Judiciary: The Constitution provides for an independent judiciary.
• Federal System: It establishes a federal system of government, dividing powers between the central government and the state governments.
• Single Citizenship: All citizens of India have a single citizenship.
• Universal Adult Franchise: Every citizen who is 18 years or older has the right to vote.

Fundamental Rights

• The Constitution guarantees six fundamental rights to all citizens.
• Right to Equality: Ensures equality before the law.
• Right to Freedom: Includes freedom of speech and expression.
• Right against Exploitation: Prohibits forced labor and child labor.
• Right to Freedom of Religion: Guarantees freedom to practice and propagate religion.
• Cultural and Educational Rights: Protects the rights of minorities to conserve their culture and language.
• Right to Constitutional Remedies: Allows citizens to move the Supreme Court for the enforcement of their fundamental rights.

Directive Principles of State Policy

• These are guidelines for the state to follow while framing laws and policies.
• They aim to create a 'welfare state'.
• They are non-justiciable, meaning they cannot be enforced by the courts.
• They include provisions for social and economic justice.
• Examples include: securing an adequate means of livelihood for all citizens, equal pay for equal work for both men and women, protection of children and youth against exploitation.

Fundamental Duties

• These were added to the Constitution in 1976 by the 42nd Amendment.
• They are moral obligations of citizens to help promote a spirit of patriotism and to uphold the unity and integrity of India.
• They are non-justiciable.
• They include: to abide by the Constitution and respect its ideals and institutions, to cherish and follow the noble ideals which inspired our national struggle for freedom, to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to safeguard public property and to abjure violence.

Amendment Process

• The Constitution can be amended to adapt to changing needs and circumstances.
• Article 368 deals with the amendment process.
• An amendment can be initiated only in either House of Parliament.
• It must be passed by a special majority (two-thirds of the members present and voting) in each House.
• Some amendments require ratification by the legislatures of at least half of the states.
• The President's assent is required for the amendment to become law.

Important Amendments

• The First Amendment Act (1951): Added Ninth Schedule to protect land reform laws.
• The 42nd Amendment Act (1976): Made numerous changes, including adding the term "socialist" and "secular" to the Preamble, and inserting Fundamental Duties.
• The 44th Amendment Act (1978): Reversed some of the changes made by the 42nd Amendment, such as restoring the judicial review powers of the Supreme Court.
• The 73rd and 74th Amendment Acts (1992): Introduced Panchayati Raj Institutions and Municipalities, respectively.
• The 86th Amendment Act (2002): Made elementary education a fundamental right.
• The 101st Amendment Act (2016): Introduced the Goods and Services Tax (GST).

Schedules

• The Constitution contains 12 schedules that provide additional details and classifications.
• First Schedule: Lists the states and union territories of India.
• Second Schedule: Contains provisions relating to the emoluments, allowances, and privileges of the President, Governors, Judges of the Supreme Court and High Courts, etc.
• Third Schedule: Contains the forms of oaths and affirmations.
• Fourth Schedule: Allocates seats in the Council of States (Rajya Sabha) to states and union territories.
• Fifth Schedule: Contains provisions relating to the administration and control of scheduled areas and scheduled tribes.
• Sixth Schedule: Contains provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
• Seventh Schedule: Divides powers between the Union and the States through three lists: the Union List, the State List, and the Concurrent List.
• Eighth Schedule: Lists the official languages of India.
• Ninth Schedule: Contains acts and regulations that are protected from judicial review.
• Tenth Schedule: Contains provisions relating to disqualification of members of Parliament and State Legislatures on the ground of defection (Anti-Defection Law).
• Eleventh Schedule: Specifies the powers, authority, and responsibilities of Panchayats.
• Twelfth Schedule: Specifies the powers, authority, and responsibilities of Municipalities.

Parts of the Constitution

• The Constitution is divided into parts, each dealing with specific aspects of governance and rights.
• Part I: The Union and its Territory.
• Part II: Citizenship.
• Part III: Fundamental Rights.
• Part IV: Directive Principles of State Policy.
• Part IVA: Fundamental Duties.
• Part V: The Union.
• Part VI: The States.
• Part VIII: The Union Territories.
• Part IX: The Panchayats.
• Part IXA: The Municipalities.
• Part X: The Scheduled and Tribal Areas.
• Part XI: Relations between the Union and the States.
• Part XII: Finance, Property, Contracts, and Suits.
• Part XIV: Services Under the Union and the States.
• Part XV: Elections.
• Part XVI: Special Provisions Relating to Certain Classes.
• Part XVII: Official Languages.
• Part XVIII: Emergency Provisions.
• Part XX: Amendment of the Constitution.

Significance

• The Indian Constitution is a cornerstone of Indian democracy.
• It provides a framework for governance that ensures the rule of law, protects fundamental rights, and promotes social justice.
• It reflects the aspirations and values of the Indian people and has been instrumental in shaping the nation's identity and progress.