Isabella Carter
The Constitution of India, also known as the Bhartiya Savindhaan, is the supreme law of the country. It is the world's longest written constitution, containing 395 articles in 22 parts. The constitution is not rigid and can be amended by parliament following certain rules. It has many borrowed features from other nations, including the parliamentary form from the British system. The Preamble, which was amended in 1976, sums up the essence of the constitution, stating India as a sovereign, socialist, secular, democratic, and republican state. The constitution covers various topics, including the division of power, supremacy, flexibility, and written constitution. It also includes provisions for courts, high court judges, and public service commissions. Understanding the basics of the Indian Constitution is essential for any competitive exam, especially for those aspiring to become civil servants.
| Characteristics | Values |
|---|---|
| Number of Articles | 395 |
| Number of Parts | 22 |
| Type of State | Federal |
| Levels of Government | 2 |
| Citizenship | Single |
| Constitution | Flexible |
| Judiciary | Integrated |
| Source of Authority | The people of India |
| Nature of State | Sovereign, socialist, secular, democratic, republican |
| Objectives | Justice, liberty, equality, fraternity |
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What You'll Learn
The Preamble and its amendments
The Preamble to the Constitution of India is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 and came into force on 26 January 1950, celebrated as Republic Day. The Preamble was debated on 17 October 1949, with discussions revolving around the name of India and the inclusion of 'God' and 'Gandhi'.
The Preamble, as amended up to July 2024, reads:
> "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC ... IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
The Preamble has been amended only once, on 18 December 1976, during the Emergency in India. Indira Gandhi's government pushed through several changes in the Forty-second Amendment of the Constitution, including the addition of the words "socialist" and "secular" between "Sovereign" and "Democratic", and the change of "unity of the Nation" to "unity and integrity of the Nation". The term 'secular' means that all religions in India receive equal respect, protection, and support from the state, and there is no state religion.
The Supreme Court of India has clarified that the Preamble, being a part of the Constitution, can be subjected to Constitutional Amendments under Article 368, but the basic structure cannot be altered. In the 1973 Kesavananda case, the Supreme Court recognised that the Preamble is part of the "Basic Structure" of the Constitution and may be used to interpret ambiguous areas. This was reaffirmed in the 1995 case of Union Government vs LIC of India, where the Supreme Court again held that the Preamble is an integral part of the Constitution.
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The Constitution's sources of authority
The Constitution of India is the supreme legal document of India and the world's longest written national constitution for a sovereign nation. It lays down the framework that demarcates 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 also contains provisions for the judiciary, which is part of the basic structure of the Indian Constitution. The judiciary can thus nullify any order by the legislature or executive if that order is in conflict with the Constitution of the country. The Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a Parliamentary form of Government. The Parliamentary form of government is governed by a cabinet of ministers led by the Prime Minister. The Prime Minister is the head of the government, while the President is the nominal head and the head of state.
The Constitution of India was drawn from a number of sources. A lot of concepts and features of the Indian Constitution have their roots in Great Britain. The British Government of India Acts of 1919 and 1935 left an indelible mark on India’s 1950 Constitution. The Indian Constitution also borrowed provisions from the Constitutions of other countries, including Freedom of Trade and Commerce within the country and between the states from the Constitution of Australia, and the provisions of the procedure for the amendment and the Election of the Rajya Sabha members from the Constitution of South Africa.
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Equality, justice, liberty, and fraternity
The Preamble of the Indian Constitution, adopted on November 26, 1949, outlines the core values and objectives of the nation, with equality, justice, liberty, and fraternity being central. These principles are intended to guide policymakers and lawmakers, serving as a moral compass and reminding them of their overarching goals.
Equality
The Indian Constitution guarantees equality of status and opportunity for all its citizens. It aims to eliminate inequality in income, status, and standards of living. Socio-economic problems, such as poverty and gross inequalities, are addressed to ensure that all citizens have equal opportunities in public appointments. The Constitution also ensures that citizens have equal opportunities irrespective of caste, sex, or religion, as enshrined in the concept of political justice.
Justice
The idea of justice in the Indian Constitution goes beyond its legal connotation and encompasses social, economic, and political aspects. Social justice, as envisaged in the Constitution, seeks to end discrimination based on birth, caste, race, sex, or religion. It promotes the welfare state concept, as outlined in the Directive Principles, to ensure social justice for all. Economic justice is also addressed, with the resolve to secure economic rights and equality of opportunity for citizens.
Liberty
The Indian Constitution guarantees certain fundamental rights, including liberty of thought, expression, belief, faith, and worship. These rights are essential for a free and civilized existence and are protected by the chapter on Fundamental Rights in the Constitution. However, liberty must be balanced with regulations to prevent it from degenerating into a licence.
Fraternity
Fraternity, as stated in the Indian Constitution, promotes the dignity of individuals and the unity of the nation. It goes beyond national boundaries, advocating for universal brotherhood and peaceful coexistence with all nations. Fraternity requires ensuring that individuals are free from want and misery, and that they have adequate means of livelihood, decent standards of living, and equal opportunities. The practice of untouchability has been abolished by the Constitution to uphold the principle of individual dignity.
Studying the Indian Constitution can be challenging, but with consistent preparation, mock tests, and a good understanding of the Preamble and its core values, one can gain a strong grasp of the subject.
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The Constitution's flexibility
The Constitution of India, also known as the Bhartiya Savindhaan, is the supreme law of the country. It was implemented on 26 January 1950 and contains 395 Articles, 8 schedules, and 22 parts.
The Constitution of India is considered to be both rigid and flexible. This means that while some provisions can be amended easily, others require a more complex process. Most provisions can be amended with a two-thirds majority in the parliament, but some, like those concerning the election of the president, powers and functions, and Centre-State relations, require additional consent from the Centre and the States.
The process of amending the Constitution of India falls somewhere between simple and complex. A special majority of the Union Parliament, or more than a two-thirds majority vote, is required to amend the Constitution. This aspect of flexibility in the Indian Constitution is in contrast to a rigid constitution like that of the US, which cannot be easily amended.
The flexibility of the Indian Constitution has allowed it to evolve and adapt to the country's changing needs over time. This adaptability ensures that the Constitution remains relevant and effective, contributing to its longevity and the stability of India's governance.
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The role of Parliament in amending the Constitution
The Indian Constitution grants the Parliament the exclusive power to amend it. This power is outlined in Article 368, which was added to the Constitution in 1949 and amended in 1971 and 1976.
To amend the Constitution, a Bill must be introduced in either House of Parliament. The Bill must then be passed in both the Lok Sabha and the Rajya Sabha by a two-thirds majority of the total membership of each House. If the amendment seeks to make changes to certain specified articles, it must also be ratified by the Legislatures of at least half of the States. The Bill is then presented to the President for their assent. The President is part of the Parliament and is equivalent to the role of the Queen or Crown in the United Kingdom. However, the President does not sit in Parliament, and their role is largely ceremonial. Once the President has given assent to the Bill, the Constitution stands amended.
The Parliament can amend the Constitution by way of addition, variation, or repeal of any provision. This is a different procedure from ordinary legislation. The Parliament can also pass laws on items in the State List in certain circumstances, such as when an Emergency is in operation or when a state is placed under the President's Rule.
The Parliament has amended the Constitution on numerous occasions since its enactment. For example, the Constitution (First Amendment) Act, 1951, made several changes to the Fundamental Rights provisions, including restricting freedom of speech and expression and providing for the validation of zamindari abolition laws. The Parliament also enacted the Constitution (Twenty-fourth Amendment) Act in 1971, which added two clauses to bring Fundamental Rights under Parliament's amending power after the Supreme Court limited this power in the Golaknath case of 1967.
While the Parliament has the power to amend the Constitution, this power is not absolute. The basic structure doctrine, which is given teeth by the power of judicial review, makes every amendment of the Constitution by Parliament subject to judicial review. Amendments may be struck down if found to be unconstitutional or violative of the basic structure of the Constitution. For example, in 2015, the Supreme Court struck down an attempt by the government to set up a National Commission for Judicial Appointments, as it attacked the independence of the judiciary and the separation of powers, which are basic features of the Constitution.
In recent years, there has been a concerning trend of a deficit in deliberation within the Parliament. Since the current government was elected in 2019, only 13% of all government bills introduced in Parliament were referred to Parliament Committees for detailed study, scrutiny, and stakeholder consultations. This lack of deliberation is particularly alarming for bills seeking to amend the Constitution.
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Frequently asked questions
The Constitution of India is the supreme law of India and is also known as the Bhartiya Savindhaan. It contains 395 articles in 22 parts.
The preamble of the Constitution of India states that India is a "sovereign, socialist, secular, democratic, republic" state. It also outlines the objectives of the constitution, which are to provide justice, liberty, equality, and fraternity to all citizens.
The Indian Constitution is not a rigid constitution and can be amended by the Parliament following certain rules. It is the world's longest written constitution.
The 42nd Amendment, also known as the "Mini Constitution", was made during the Emergency in 1976. This amendment added the words "socialist", "secular", and "integrity" to the preamble. Another example is the 44th Constitutional Act of 1975, which removed the term "internal disturbance" and replaced it with "armed rebellion".
NCERT is often recommended as a key text for preparing for UPSC examinations. Other suggested books include "Indian Polity for Civil Services Examinations" by M. Laxmikanth and "Indian Art and Culture" by Nitin Singhania.
