Isabella Carter
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 fundamental rights, directive principles, and the duties of citizens. The Constitution of India is an important topic for the UPSC exam, and IAS aspirants are expected to be thorough with the document. The Indian Constitution came into existence on 26 November 1949 and consists of 448 articles, with 395 articles in 22 parts and 12 schedules in its current form. In this article, we will discuss how to read the Indian Constitution for the UPSC exam.
| Characteristics | Values |
|---|---|
| Number of articles | 395 |
| Number of parts | 22 |
| Number of schedules | 12 |
| Number of words | 145,000 |
| Sovereign | Yes |
| Socialist | Yes |
| Secular | Yes |
| Democratic | Yes |
| Republican | Yes |
| Objectives | Justice, liberty, equality, fraternity |
| Amendments | More than 100 |
| Date of enactment | 26 January 1950 |
| Date of adoption | 26 November 1949 |
| First mention of schedules | Government of India Act, 1935 |
| Number of initial schedules | 8 |
| Number of initial articles | 448 |
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What You'll Learn
The Indian Constitution's borrowed features
The Indian Constitution, which came into existence on 26 November 1949, is a unique document that draws from a multitude of sources, including the constitutions of various countries and historical legislation. It is the result of extensive deliberation by the Constituent Assembly of India, which drafted the constitution considering India's historical, geographical, cultural, and traditional characteristics. The borrowed features were adapted to suit India's polity and governance and address its specific needs and problems. Here are some of the key features borrowed from other nations' constitutions:
Government of India Acts
The Indian Constitution borrowed features from previous legislation, including the Government of India Acts of 1858, 1919, and 1935, as well as the Indian Independence Act of 1947. The 1935 Act laid the foundation for a federal structure and administrative machinery. The Indian Constitution also drew inspiration from the British Constitution, incorporating principles such as the rule of law, equality before the law, and protection of individual rights. The concept of citizenship, with singular citizenship for the whole nation, was also influenced by Britain.
US Constitution
The Indian Constitution shares similarities with the US Constitution, including being a written constitution that outlines the country's core principles and laws. The concept of fundamental rights protected by the Constitution was inspired by the US Bill of Rights. The power of the judiciary to interpret the Constitution and strike down inconsistent laws was also influenced by the US. The notion of a President as the head of state and the executive was borrowed from the US Constitution. Additionally, both constitutions feature a two-house legislative system (Lok Sabha and Rajya Sabha in India, and the House of Representatives and the Senate in the US) and begin with preambles articulating their fundamental ideologies.
Irish Constitution
The Indian Constitution borrowed the Philosophy of the Directive Principles of State Policy from the Irish Constitution, which provides guidelines for the government.
German Constitution
The idea of suspending fundamental rights during emergencies was borrowed from the German Constitution.
Canadian Constitution
The Indian Constitution adopted the federal structure of government from the Canadian Constitution, including the division of powers between the centre and the states. The provision for the appointment of governors, who act as representatives of the central government in states, was also borrowed from Canada.
Australian Constitution
The Indian Constitution incorporated the concept of a concurrent list, where both the central and state governments can legislate on specific subjects, from the Australian Constitution.
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The objectives of the Constitution
The Constitution of India is the supreme law of the Republic of India, and the world's longest written national constitution. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. It is a set of rules and regulations that guide the administration of the country.
The objectives of the Indian Constitution are justice, liberty, equality, and fraternity. The constitution establishes a federal government system in India, with two levels of government, a division of power, and the supremacy and rigidity of the constitution. It also ensures the development and unity of various communities and religions, with secularism being added as a part of the constitution during the 42nd amendment. Articles 25 to 28 of the Indian Constitution ensure freedom of religion and prohibit any discrimination based on religion.
The Indian Constitution also includes social, economic, and political justice, and the liberty to follow any religion, job, or work without state interference. It entitles people to the power to elect their representatives, and ensures that there will be no hereditary ruler. Elections are held at regular intervals to elect representatives and rulers of the people. The constitution also protects the interests of all citizens by guaranteeing a basic set of fundamental rights, including freedom of expression, thought, belief, religion, worship, and faith.
The Indian Constitution is a detailed document that accommodates the vast diversity of the country, providing a single constitution for both the central government and the states. It reflects the nation's collective journey toward democracy, justice, and equality, embodying the values, principles, and governance framework of India.
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The Constitution's fundamental rights
The Indian Constitution is the supreme law of India and is an extremely important document for UPSC aspirants. It is the world's longest written constitution, consisting of 448 articles.
Articles 12-35 of the Indian Constitution deal with Fundamental Rights. These human rights are conferred upon the citizens of India and are inviolable. The Constitution guarantees remedies if citizens' fundamental rights are violated. The six fundamental rights are:
- Right to Equality, including 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 of Religion, Speech and Expression, Assembly, Association or Union, Movement, Residence, and the right to practice any profession or occupation (some of these rights are subject to security concerns and maintaining friendly foreign relations).
- Right against Exploitation, prohibiting all forms of forced labour, child labour and human trafficking.
- Right to Life and Dignity.
- Cultural and Educational Rights, which protect the rights of religious, cultural and linguistic minorities, allowing them to preserve their heritage and culture, and ensuring education for everyone without discrimination.
- Right to Education.
It is important to note that the Right to Property was removed as a Fundamental Right through the 44th Constitutional Amendment in 1978 as it was seen as a hindrance to the goal of socialism and equitable redistribution of wealth.
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The Constitution's amendments
The Constitution of India is the supreme law of India and is an extremely important document for UPSC aspirants. It is the world's longest written constitution, consisting of 448 articles. The Constitution establishes a federal government system in India, with two government levels, a division of power, the supremacy and rigidity of the constitution, a written constitution, and bicameralism.
The Constitution has been amended several times to address evolving political, social, and economic needs and ensure it remains dynamic and relevant. The process of making changes to the Constitution is called a Constitutional Amendment. The amendment procedure varies depending on the types of changes required. Some provisions can be amended by a simple majority (50% of members present and voting), while others require a special majority (more than 50% of the total membership of the House and a majority of two-thirds of the members of that House present and voting).
The latest amendment to the Constitution of India is the 105th Amendment Act of 2021, which clarifies that states can maintain their own "state list" of Other Backward Classes (OBCs). Another significant amendment is the Eighty-sixth Amendment, which provides for the Right to Education for children aged six to fourteen and Early Childhood Care until the age of six.
The amendment procedure to amend the Constitution is as follows: Amendments can be initiated by introducing a bill in either house of Parliament, which must then be passed by a special majority in each house separately. 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 passed by both Houses of Parliament and ratified by state legislatures, the bill is presented to the President for assent. Once the President gives assent, the bill becomes a Constitutional Amendment Act.
It is important to note that the amending power of Parliament is limited by the doctrine of Basic Structure, established in the Kesavananda Bharati case (1973). This means that the 'Basic Structure of the Constitution' cannot be amended, and amendments under Article 368 are valid as long as they do not violate this basic structure.
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The Constitution's articles
The Constitution of India is the supreme law of India and is the world's longest written constitution. It is a framework that defines political principles, demonstrates the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is an extremely important document for UPSC aspirants as polity is a major component of the UPSC syllabus, and they will have to work within the confines of the Constitution of India as future civil servants.
The Constitution of India consists of 448 articles (originally 395) in 25 parts, 12 schedules, and 5 appendices with more than 100 amendments. Not every article of the Indian Constitution is a must-know for UPSC Exams. However, certain articles are important from the IAS exam perspective and are frequently asked in the exams. These include:
- Article 51A, which lays down the fundamental duties of every citizen of India. These duties focus on the importance of responsibility and obligations towards the nation.
- Article 32, which provides authorization for citizens to move the Supreme Court to enforce their fundamental rights.
- Articles related to Fundamental Rights, which provide basic freedoms that are essential for the holistic development of citizens.
- Articles related to Directive Principles, which act as guidelines for the central and state governments to formulate policies and laws.
- Articles related to the Governance structure of India, which detail the roles, powers, and responsibilities of key constitutional positions such as the President, Vice-President, Prime Minister, and others. These articles elucidate their powers, responsibilities, and composition.
- Articles related to the Parliament of India, which is the supreme legislative body. These articles cover the structure, functions, and powers of the Parliament.
Additionally, some other important articles to be aware of include:
- Article 4: Laws made under articles 2 and 3 provide for the amendment of the First and Fourth Schedules and supplemental, incidental, and consequential matters.
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 331: Representation of the Anglo-Indian Community in the House of the People.
- Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
- Article 343: Official language of the Union.
- Article 352: Proclamation of Emergency.
- Article 355: Duty of the Union to protect States against external aggression and internal disturbance.
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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 Indian Constitution has 395 articles in 22 parts and 12 schedules. It establishes India as a sovereign, socialist, secular, democratic, and republican state with objectives of justice, liberty, equality, and fraternity. It also provides for a federal government system with two levels of government, a division of power, and a written constitution.
Some important articles in the Indian Constitution for UPSC aspirants to know include Article 15, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth; Article 332, which deals with the reservation of seats for Scheduled Castes and Scheduled Tribes in state legislative assemblies; and Article 352, which pertains to the proclamation of emergency.
The Indian Constitution was drafted by the Constituent Assembly, which borrowed features from various sources, including the Government of India Acts of 1858, 1919, and 1935, the Indian Independence Act of 1947, and the Indian Councils Acts of 1861, 1892, and 1909. It also includes influences from other countries' constitutions, such as the Directive Principles of State Policies borrowed from the Irish Constitution.
The Indian Constitution is an extremely important topic for the UPSC syllabus. It is a key component of the polity section, and a good understanding of the constitution is essential for writing essays and answering questions related to Indian polity. Additionally, as future civil servants, UPSC aspirants will need to work within the confines of the Indian Constitution.
