Jonah Patel
The Constitution of India is the supreme legal document of India and the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out the fundamental rights and duties of citizens. The constitution was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. This date is celebrated annually as Republic Day in India, as it was the day India ceased to be a dominion of the British Crown and became a sovereign, democratic republic. The constitution has been amended over 100 times since it was enacted and is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.
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What You'll Learn
The Constituent Assembly of India
The demand for a Constituent Assembly to draft a constitution for India was a core strand of the anti-colonial freedom movement. The Assembly's creation was first outlined in 1933 by V. K. Krishna Menon, who enshrined it as an Indian National Congress demand during their session in Lucknow in April 1936, presided over by Jawaharlal Nehru. The official demand for a Constituent Assembly was raised, and the Government of India Act, 1935, was rejected as it was seen as an imposition on the people of India. This demand was again voiced by C. Rajagopalachari on 15 November 1939, based on adult franchise, and was accepted by the British in August 1940.
The elections of 1946, which would elect representatives to the Constituent Assembly, saw the voting franchise extended to a much greater portion of the Indian adult population. The Indian National Congress won 208 seats (69%), and the Muslim League won 73. However, after this election, the Muslim League refused to cooperate with the Congress, leading to the deterioration of the political situation and Hindu-Muslim riots. The Muslim League demanded a separate constituent assembly for Muslims in India, which eventually resulted in the partition of India and the creation of Pakistan.
The Constituent Assembly met for the first time on 9 December 1946, reassembling on 14 August 1947 as a sovereign body and successor to the British parliament's authority in India. The Assembly adopted the Constitution of India, 1950, after 166 days of deliberation over the course of two years and eleven months. The drafting of the Indian Constitution took place at two levels: committees and plenary. The committees comprised smaller groups of Assembly members tasked with preparing draft articles, reports, and notes on specific parts of the Constitution. At the plenary level, the Assembly discussed the reports of various committees, moved amendments, and held debates.
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The Constitution's Fundamental Rights chapter
The Constitution of India is the supreme legal document of India and is the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.
The Fundamental Rights chapter of the Indian Constitution, covered in Articles 12–35 in Part III, guarantees civil liberties and human rights to all Indian citizens, so that they can lead their lives in peace and harmony. These rights are enforceable by the courts and are applied without discrimination on the basis of race, religion, gender, etc. They are also known as "fundamental" as they are the most essential for all-round development, i.e. material, intellectual, moral, and spiritual. These rights are protected by the fundamental law of the land, i.e. the constitution.
The Fundamental Rights chapter includes six broad categories of rights: the Right to Equality, the Right to Freedom of Religion, the Right to Freedom of Speech and Expression, the Right to Freedom of Assembly, the Right to Freedom of Movement and Residence, and the Right to Freedom to Practice any Profession or Occupation.
The Right to Equality includes equality before the law, the prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of employment. The Right to Freedom of Speech and Expression includes freedom of association or union and the Right to Freedom of Assembly. The Right to Freedom of Movement and Residence is subject to the security of the State, friendly relations with foreign countries, and public order. The Right to Freedom to Practice any Profession or Occupation is subject to the security of the State, friendly relations with foreign countries, public order, decency, and morality.
The Fundamental Rights chapter also includes the Right to Life, the Right to Dignity, the Right to Education, the Right to Freedom of Religion, Cultural and Educational Rights, and the Right to Constitutional Remedies for the enforcement of Fundamental Rights. These rights protect the rights of religious, cultural, and linguistic minorities, allowing them to preserve their heritage and culture, and ensuring education for everyone without discrimination.
The Fundamental Rights chapter of the Indian Constitution is a powerful tool for ensuring the basic human rights and civil liberties of all Indian citizens, regardless of their background or identity. It is a key part of the Indian Constitution's commitment to justice, equality, and liberty for all.
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Constitutional supremacy
The Constitution of India is the supreme legal document of India and is the world's longest written national constitution. It lays down the framework for the government's functioning, including the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out citizens' rights and liberties. It also establishes the judiciary as the guardian of the Constitution, with the power to review and strike down laws deemed unconstitutional.
The Indian Constitution was adopted on 26 January 1950 and has been the guiding force of the Indian polity since then. It replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. The Constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and promoting fraternity.
The Constitution of India provides for a federal system of government, with a division of powers between the central government and the state governments. It also establishes an independent judiciary responsible for upholding the Constitution and ensuring that the principles of constitutional supremacy are upheld. The judiciary's review power protects the Constitution when there is a conflict between parliamentary and judicial supremacy. This is known as the ''Basic Structure' Doctrine, which was upheld by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.
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Amendments to the Constitution
The Constitution of India is the supreme legal document of India and is the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out the fundamental rights and duties of citizens. The Constitution of India is also the most amended national constitution in the world. It has had more than 100 amendments since it was enacted in 1950. As of February 2025, there have been 106 amendments.
The Constitution is amended roughly twice a year because it spells out governmental powers in such detail that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. There are three types of amendments to the Constitution of India, of which the second and third types are governed by Article 368. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least one half of the State Legislatures.
The Eighty-sixth Amendment of the Constitution of India, for example, provides for the Right to Education for children aged six to fourteen years and Early Childhood Care until the age of six. The 105th Amendment Act of 2021 clarified that the states can maintain the "state list" of OBCs. The 122nd Amendment introduced the Goods and Services Tax.
The amendment procedure varies depending on the types of changes required in the Indian Constitution. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority. After being duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the President for assent.
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The Constitution's role in India's independence
The Constitution of India is the supreme legal document of India and is the world's longest written national constitution for a sovereign nation. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It also establishes an integrated and independent judicial system in the country.
The Constitution of India played a crucial role in India's independence and its transition to a sovereign, democratic republic. Before the Constitution of India came into effect on 26 January 1950, India was a dominion of the United Kingdom, and British legislation was implemented in the country. The Constitution of India repealed the Indian Independence Act 1947 and the Government of India Act 1935, marking India's independence from British rule.
The process of drafting the Constitution of India began before India's independence, with the formation of the Constituent Assembly in 1947. The Constituent Assembly was responsible for drafting and enacting the Constitution, ensuring that it addressed the unique needs and conditions of India. The Assembly took almost three years to draft the Constitution, holding eleven sessions over a 165-day period. The final session of the Assembly convened on 24 January 1950, and each member signed two copies of the Constitution, one in Hindi and the other in English.
The Constitution of India was influenced by various sources, including previous legislation such as the Government of India Acts of 1858, 1919, and 1935, the Indian Councils Acts of 1861, 1892, and 1909, and the Indian Independence Act 1947. The framers of the Constitution borrowed features from these acts but also repealed prior acts of the British Parliament to ensure India's constitutional autochthony.
The Constitution of India established a three-tier governmental structure (central, state, and local), a flexible constitution, a strong central government, and an independent judiciary, free from the influence of the executive and legislative branches of government. It guarantees single citizenship, ensuring that all citizens enjoy the same political and civil rights throughout the country, regardless of their state of birth or residence. It also sets out six fundamental rights for all citizens, promoting the idea of political democracy in India.
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Frequently asked questions
The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
The Constitution of India was formed by the Constituent Assembly, which was elected by members of the provincial assemblies. The assembly had 389 members (reduced to 299 after the partition of India) and took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The constitution was influenced by previous legislation such as the Government of India Acts 1858, 1919, and 1935, as well as the Indian Independence Act of 1947.
The text of the Constitution of India can be found on the official government website and other online sources such as the Library of Congress and Oxford University's LibGuides. The original handwritten copy is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.
