Jonah Patel
The Constitution of India is a comprehensive document containing 395 articles, spanning 22 parts, with an additional 12 schedules. This foundational text has been amended over time, with new articles and parts inserted to reflect evolving societal needs and norms. The word 'secular', for instance, was added to the Constitution in 1976, underscoring the nation's commitment to religious neutrality. This article explores the key features, amendments, and implications of the Indian Constitution, shedding light on its role in shaping the country's legal and political landscape.
| Characteristics | Values |
|---|---|
| Number of Articles | 395 |
| Number of Parts | 22 |
| Secularism Added | 1976 |
| Preamble Accepted | 26 November 1949 |
| Number of Schedules | 12 |
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What You'll Learn
- The Constitution of India has 395 articles, 22 parts and 12 schedules
- Secularism was added to the Indian Constitution in 1976
- The Supreme Court has power over minority educational institutions
- The Constitution can be amended by the Power of Parliament
- The Constitution contains separate provisions for different Indian states
The Constitution of India has 395 articles, 22 parts and 12 schedules
The Constitution of India is a comprehensive and intricate document that serves as the foundational legal framework for the country. It consists of 395 articles, 22 parts, and 12 schedules, making it a complex and detailed text.
The 395 articles within the Constitution are numbered from 1 to 395, each addressing specific aspects of India's governance and legal system. These articles cover a wide range of topics, including citizenship rights, the establishment of new states, the powers of the President, and the functioning of the Supreme Court, among others. Each article encompasses a distinct area of law, contributing to the overall structure and content of the Constitution.
The 22 parts of the Constitution serve to organise and categorise the numerous articles within. These parts provide a systematic arrangement, facilitating easier navigation and understanding of the document. Each part addresses a specific theme or area of governance, allowing for a more structured approach to interpreting and applying the Constitution.
In addition to the articles and parts, the Constitution also includes 12 schedules. Schedules provide supplementary information and details that support the main provisions outlined in the articles. They often contain important clarifications, exceptions, or procedural guidelines related to the implementation of the Constitution. The inclusion of schedules enhances the overall comprehensiveness and functionality of the document.
The Constitution of India has undergone various amendments over time, resulting in the addition or modification of certain articles, parts, and schedules. This dynamic nature ensures that the Constitution remains adaptable to the evolving needs and circumstances of the nation. The intricate structure of articles, parts, and schedules contributes to the robustness and effectiveness of India's governing framework.
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Secularism was added to the Indian Constitution in 1976
The Indian Constitution, which came into force on 26 January 1950, did not originally include the word 'secular' in its preamble. However, secularism was embedded in the constitutional philosophy from the start, as reflected in the adoption of Articles 25, 26, and 27, which aimed to uphold secular principles. Despite this, there were debates about the nature of the Constitution, with some advocating for the explicit inclusion of the word 'secular'.
In 1948, during a heated discussion in the Constituent Assembly, Prof K T Shah intervened, requesting that the word 'secular' be added to the preamble. Despite agreement on the secular nature of the Indian state, the word was not included at that time.
It was not until 1976, with the enactment of the Forty-second Amendment of the Constitution of India, that the word 'secular' was formally inserted into the Preamble. This amendment, led by the Indira Gandhi government, affirmed that India is a secular nation. However, it is important to note that the Supreme Court of India has asserted that India was a secular country even before the addition of the word 'secular' to the Constitution.
The inclusion of secularism in the Indian Constitution has been a subject of debate, with critics pointing to its foreign origins and its problematic application in the Indian context. Despite this, India's first prime minister, Jawaharlal Nehru, is credited with the formation of the secular republic in the country's modern history. The Indian Constitution allows for state intervention in religious affairs, and the degree of separation between state and religion has varied over time, with several court and executive orders influencing this dynamic.
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The Supreme Court has power over minority educational institutions
The Indian Constitution, a large and complex document, contains numerous dharam or "articles" that outline the rights and responsibilities of citizens and the government. One such article, Article 30, pertains to the autonomy of minority educational institutions and their right to establish and administer institutions of their choice.
In the landmark case of T.M.A. Pai Foundation v. State of Karnataka (2002), the Supreme Court of India addressed the issue of minority educational institutions' autonomy. The Court affirmed that these institutions possess the right to administer their affairs, including the appointment of staff. However, it also clarified that they must operate within reasonable regulations imposed by the state. This ruling struck a balance between the institutions' independence and the need for governmental oversight to ensure compliance with broader educational goals and standards.
The Supreme Court's decision in the T.M.A. Pai Foundation case set a significant precedent for the interpretation and application of Article 30 of the Indian Constitution. This article specifically guarantees the rights of minorities to establish and administer educational institutions of their choice. By recognising the institutions' right to autonomy, the Court reinforced the importance of protecting the interests and cultural heritage of minority communities in India.
However, it is essential to note that the Supreme Court also acknowledged the state's role in regulating these institutions to ensure they adhere to reasonable standards and guidelines. This regulatory power of the state serves as a check to prevent potential abuses of autonomy and maintain a consistent quality of education across the country. The case, therefore, established a delicate equilibrium between institutional freedom and governmental oversight, ensuring that minority educational institutions function effectively within the broader framework of India's educational landscape.
In conclusion, the Supreme Court of India's ruling in the T.M.A. Pai Foundation case exemplifies its role in interpreting and upholding the rights enshrined in the Indian Constitution. By recognising the autonomy of minority educational institutions while also affirming the state's regulatory power, the Court struck a balance that respects the rights of minorities while ensuring the overall welfare of the country's educational system. This decision stands as a testament to the Court's crucial role in safeguarding the principles and values of the Indian Constitution.
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The Constitution can be amended by the Power of Parliament
The Indian Constitution has been amended 106 times since its commencement in 1950, as of August 2021. The Constitution can be amended by the Power of Parliament, as outlined in Article 368. This article provides for the exclusive power of Parliament to amend the Constitution by adding, removing, or altering provisions.
The process of amendment is initiated by the introduction of a Bill in either House of Parliament. For the Bill to pass, it must be approved by a majority of the total membership of that House and by a two-thirds majority of the members present and voting. In some cases, the consent of half of India's States is also required. Once passed, the Bill is presented to the President for assent, and the Constitution is amended in accordance with the terms of the Bill.
It is important to note that the power of Parliament to amend the Constitution is not unlimited. The Supreme Court, in the Kesavananda Bharati Case, held that Parliament cannot amend the "basic structure" of the Constitution. This basic structure includes principles such as the supremacy of the Constitution, the rule of law, the independence of the judiciary, the separation of powers, federalism, and secularism.
During the debate on Article 368, some Assembly members opposed the two-thirds majority requirement, arguing that it would make amending the Constitution difficult and hinder progressive legislation. They favored a simple majority, believing that a rigid Constitution would limit its ability to adapt to social and political changes. However, the Chairman of the Drafting Committee reminded members that other Draft Articles provided for amendments by a simple majority.
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The Constitution contains separate provisions for different Indian states
The Indian Constitution is the supreme legal authority that binds the legislative, executive, and judicial organs of the government. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The Constitution grants all citizens Fundamental Rights and empowers an independent judiciary to invalidate any legislation or government action that violates it.
The Constitution also provides for a single, integrated system of courts to administer both Union and State laws. The Supreme Court of India sits at the top of the judicial system, followed by High Courts in each State or group of States. Under each High Court are the District Courts, and some States also have Village/Panchayat Courts that decide civil and criminal disputes at a local level.
The Constitution grants autonomy to minority educational institutions, allowing them to administer their affairs, including appointing staff, within certain reasonable regulations imposed by the state. It also ensures free and fair elections, equality before the law, and freedom of conscience and religion.
The specific provisions in the Indian Constitution for different states allow for variations in laws and administration while maintaining a unified framework for the entire country.
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Frequently asked questions
There are 395 articles in the Indian Constitution, divided into 22 parts.
Article 368 of the Indian Constitution gives the power of Parliament to amend the Constitution.
Yes, Article 362 of the Indian Constitution has been repealed.
