Simone Lawson
The Constitution of India is the cornerstone of Indian democracy, outlining the rights and duties of its citizens and the principles of governance. It is the longest constitution in the world, with 448 articles, and forms an important part of the UPSC syllabus. While it is not necessary to memorise all the articles, it is important to have a good understanding of the nature and key features of the constitution, such as Federalism, Separation of Powers, and Fundamental Rights. This article will provide you with tips and tricks to learn and remember the important aspects of the Indian Constitution for your UPSC exam.
| Characteristics | Values |
|---|---|
| Number of Articles | 448 according to some sources, 395 according to others |
| Number of Parts | 25 according to some sources, 22 according to others |
| Number of Schedules | 12 |
| Number of Appendices | 5 |
| Number of Amendments | Over 100 |
| Nature and Salient Features | Federalism, Separation of Powers, Fundamental Rights, etc. |
| Important Articles | Article 72: Mercy power of the president; Article 102: Disqualification of members of parliament; Article 15: Prohibition of discrimination on the grounds of religion, race, caste, culture, gender, etc.; Article 30: Right of minorities to establish and administer educational institutions; Article 5/6/7/8/9/10/11: Citizenship and rights of citizenship |
| Books | NCERT is the most important, but other books should also be studied thoroughly |
| General Tips | Practice previous years' questions; take up regular mocks; make sure you're well-prepared with all questions related to the topic |
Explore related products
![Introduction to the Constitution of India (A Diagrammatic and Tabular Presentation): [For UPSC, IAS, PCS]](https://m.media-amazon.com/images/I/71OvddAjYpL._AC_UY218_.jpg)
What You'll Learn
Know the basic framework and salient features of the Constitution: Federalism, Separation of Powers, Fundamental Rights, etc
The Indian Constitution combines the British principle of parliamentary sovereignty with the judicial supremacy of the United States. The Supreme Court can declare parliamentary enactments as unconstitutional, and the Parliament can amend the Constitution.
Federalism
The Indian Constitution defines the distribution of power between the states and the centre, including legislative, executive, and financial powers. The Constitution is considered supreme, and Federalism is guaranteed by it. The powers are divided between the central and state governments, with a clear distribution of power, and both are independent in their areas. This is called a dual polity. The Supreme Court has also affirmed the federal nature of the Constitution, as seen in the Kesavananda Bharati Case. Federalism in India is marked by a written constitution, constitutional rigidity, and an independent judiciary that interprets the Constitution and has the final authority.
Separation of Powers
The Indian Constitution does not recognise the doctrine of separation of powers in its absolute rigidity. However, the functions of the different parts of the government are sufficiently differentiated. The executive and judiciary functions are well-defined in the Constitution, and the system of checks and balances ensures that each can impose checks on the other. The judiciary can strike down laws it considers unconstitutional, and the legislature can amend laws to circumvent certain judgments.
Fundamental Rights
The Constitution guarantees all citizens some basic freedoms, which fall under six broad categories of justifiable Fundamental Rights, outlined in Article 12 to 35 in Part III of the Constitution. These include the right to equality, freedom of speech and expression, and the right against exploitation.
Finance Commission of India: Constitution and UPSC Implications
You may want to see also
Understand the process of amending the Constitution
The process of amending the Indian Constitution is a complex but well-conceived aspect of the constitution. It is important to note that the constitution is the cornerstone of Indian democracy, and it outlines the rights, duties, and governance principles of the nation. With 448 articles, it is the longest constitution in the world.
Article 368 in Part XX of the Indian Constitution grants Parliament the power to amend it. This article provides for two types of amendments. Firstly, by a special majority of Parliament with the ratification of half of the total states. Secondly, by a majority of two-thirds of the members present and voting. The amendment procedure is similar to the legislative process, except for the special majority requirement. The bills are to be passed by the Parliament in the same way as ordinary bills.
An amendment bill can only be introduced in the Lok Sabha. If the bill seeks to amend the federal provisions, it must be ratified by the legislatures of half of the states by a simple majority. After passage by both Houses of Parliament, the bill is presented to the President for assent. The President's assent is mandatory, and the bill becomes a constitutional amendment act after receiving it.
It is crucial to understand that the amending power of Parliament is limited by the 'Basic Structure' doctrine. This means that Parliament cannot amend provisions that form the Basic Structure of the Constitution, as ruled by the Supreme Court in the 1973 Kesavananda Bharati case. The 'Basic Structure' includes articles related to the parliamentary system, independence of the judiciary, fundamental rights, and duties.
- Article 72 gives mercy power to the President, and Article 161 gives similar powers to the governor.
- Article 102 covers the disqualification of members of Parliament, and adding 89 to 102 gives the disqualification of MLAs.
- Article 15 prohibits discrimination on the grounds of caste, culture, religion, gender, race, etc.
- Article 30 grants all minorities the right to establish and administer educational institutions of their choice.
- The Eighty-Sixth Amendment provides for the Right to Education for children aged 6-14 and early childhood care until age 6.
- The 1980 Minerva Mills vs Union of India judgment invalidated provisions of the 42nd Constitutional Amendment Act, 1976, which declared no limitation to Parliament's constituent power under Article 368.
To prepare for the UPSC examination, it is essential to study the NCERT books thoroughly and stay updated with the latest constitutional articles in the news.
Exploring the Indian Constitution's Intricate Parts and Schedules
You may want to see also
Learn the Fundamental Rights and Duties
The Indian Constitution is the longest constitution in the world, with 448 articles. It is a cornerstone of democracy, outlining rights, duties, and governance principles. It is also a source of great pride for the nation. It is essential to know the Indian Constitution for the UPSC exam.
Fundamental Rights
The Fundamental Rights are guaranteed by the Indian Constitution and are essential for the development and protection of the dignity of every individual. There are six Fundamental Rights, which are outlined in Articles 12 to 35 of the Constitution. These are:
- Right to Equality (Articles 14-18): This includes equality before the law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.
- Right to Freedom (Articles 29 and 30): This includes the protection of the interests of minorities and the right of minorities to establish and administer educational institutions.
- Right to Freedom of Speech and Expression, Assembly, Association or Union, Movement, Residence, and the right to practice any profession or occupation (Articles 19 and 27).
- Right against Exploitation, prohibiting all forms of forced labour, child labour and human trafficking (Article 23).
- Right to Freedom of Religion (Article 25).
- Right to Constitutional Remedies (Articles 32-35): This gives citizens the right to approach the Supreme Court or the High Court to implement the fundamental rights.
Fundamental Duties
Fundamental Duties are the responsibilities of Indian citizens towards their society and nation. They are outlined in Article 51(A) of the Constitution and there are 11 of them. These include:
- Abiding by the Constitution and respecting its ideals and institutions, the National Anthem and the National Flag.
- Upholding and protecting the unity, sovereignty, and integrity of India.
- Defending the country and rendering national service when called upon.
- Promoting harmony and the spirit of common brotherhood among all Indians, transcending religious, linguistic and regional or sectional diversities.
- Protecting and improving the natural environment, including forests, lakes, rivers and wildlife, and having compassion for living creatures.
Tips for Learning the Indian Constitution
It is important to note that not all of the 448 articles are important for the UPSC Prelims and Mains examinations. However, it is still a challenging task to memorise the important ones. Here are some tips to help you learn:
- Read the NCERT books thoroughly, but also consult other books and sources.
- Read the NCERT books multiple times, each time from a different perspective, such as from the examiner's point of view.
- Make a habit of reading every day.
- Use mnemonics to remember the content.
- Stay updated with the Indian constitutional articles in the news, as topics in the UPSC Syllabus are asked in the exam based on both theory and current affairs.
The Lengthy Indian Constitution: A Comprehensive Guide
You may want to see also
Explore related products
Know the significance of the Preamble
The Preamble to the Indian Constitution is a concise and comprehensive introduction that outlines the philosophy, objectives, intentions, and fundamental values of the Constitution. It is a reflection of the nation's identity, its democratic ethos, and its foundational principles.
The Preamble to the Indian Constitution was based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 and adopted on 22 January 1947. It was later adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950, celebrated as Republic Day. The Constituent Assembly, formed in 1946, consisted of 299 members and was led by Dr Rajendra Prasad.
The Preamble declares India a "Sovereign, Socialist, Secular, and Democratic Republic", highlighting the country's independence and commitment to equality, justice, and secular governance. It also states that the Constitution derives its authority from the people of India, reflecting their collective will and aspirations. This signifies the power and responsibility vested in the citizens to govern themselves and participate in the democratic process.
The Preamble promotes justice, liberty, equality, and fraternity for all Indians, aiming to maintain the unity and integrity of the country. It ensures that all citizens have equal status and opportunities, the right to practice their religion, and the right to choose their government representatives.
The Preamble is an integral part of the Constitution, providing a guiding framework for interpretation and implementation of its provisions. It serves as a moral compass for policymakers and lawmakers, ensuring that the government follows the principles and values outlined in the Preamble.
Understanding the Preamble is crucial for UPSC aspirants as it provides context and insight into the fundamental principles and values that underpin the Indian Constitution. It is often referenced in UPSC question papers, and a thorough comprehension of its significance will help candidates excel in the examination.
The Evolution of India's Constitution
You may want to see also
Study the role of the Constituent Assembly
The Constituent Assembly was formed in 1946 and was tasked with formulating a Constitution to facilitate the transfer of power from British authorities to Indian hands. It played a crucial role in drafting the Indian Constitution, ensuring it reflected the nation's diverse cultural, social, and political fabric. The Assembly was led by prominent figures like Jawaharlal Nehru, Mahatma Gandhi, Dr. B.R. Ambedkar (known as the 'Father of the Indian Constitution'), and Sardar Vallabhbhai Patel.
The Assembly engaged in comprehensive debates on federalism, fundamental rights, and governance, shaping the document's core principles. It was a body of 299 members, partly elected and partly nominated. The elected members were indirectly elected by members of the provincial legislative assemblies, who were elected on a limited franchise. The Assembly was given complete autonomy and the power to draft any Constitution it chose. It took the Assembly's Drafting Committee, chaired by Dr B.R. Ambedkar, three years to draft the Constitution, holding eleven sessions over 165 days. This lengthy process was deemed necessary due to India's size and cultural and religious diversity.
The Assembly's work symbolised India's shift to a sovereign republic, introducing a parliamentary democracy built on the principles of justice, liberty, and equality. It laid the groundwork for the country's governance and development, fostering economic and political security through a written Constitution. The Assembly's role in framing India's Constitution paved the way for complete independence and ensured that the Constitution was created by Indians, representing the country's diverse social, cultural, and political landscape.
The Constituent Assembly is an institution specifically conceived for designing or amending a Constitution, with the authority to establish the norms governing a territory's political and social framework. Its work resulted in the Indian Constitution, which is the longest in the world, consisting of 448 articles (originally 395) in 25 parts (originally 22) and 12 schedules (originally 8). The Constitution declares India a sovereign, socialist, secular, and democratic republic, ensuring citizens' equality, liberty, and justice. It provides the framework for the political system, powers, and duties of government institutions and outlines citizens' fundamental rights and duties.
India's Constitution: Effective or Obsolete?
You may want to see also
Frequently asked questions
The Constitution of India is the supreme law of India, outlining rights, duties, and governance principles. It is the longest constitution in the world, consisting of 448 articles, 25 parts, 12 schedules, and 5 appendices. It is important as it gives the people their fundamental rights and sets rules and guidelines that the government must follow.
It is not expected that you memorise all 448 articles for the UPSC exam. However, you should have a good understanding of the nature and key features of the Constitution, such as Federalism, Separation of Powers, and Fundamental Rights. Some important articles include Article 15, which protects against discrimination on the grounds of religion, race, caste, culture, gender, and more; Article 30, which gives minorities the right to establish and administer educational institutions; and Article 72, which gives mercy power to the president.
While there is no substitute for thorough preparation, some tips include using mnemonics to memorise content, reading the NCERT textbook daily from the examiner's point of view, and practising previous years' exam questions.
