Jonah Patel
The Constitution of India is the supreme law of the Republic of India, and it is one of the world's longest and most detailed written constitutions. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, and safeguarding fundamental rights. The constitution is not rigid and can be amended by Parliament following certain rules. As an IAS aspirant, it is crucial to have a thorough understanding of the Constitution of India, as it is an essential component of the UPSC syllabus and future civil servants will need to work within its confines. This document will outline tips and strategies for effectively studying the Constitution of India in preparation for the IAS exam.
| Characteristics | Values |
|---|---|
| Importance | The Constitution of India is the supreme law of the Republic of India and is an extremely important document for the IAS exam. |
| Difficulty | The Constitution is challenging to learn and remember due to its vastness and complexity. |
| History | The Constitution has a rich historical background, influenced by acts from the British era, and was created by a Constituent Assembly in 1946, becoming effective on 26 January 1950. |
| Amendments | The Constitution can be amended by Parliament and has undergone many changes, including the 42nd Amendment ("Mini Constitution") and the 44th Amendment, which removed the right to property. |
| Articles | The Constitution contains 448 articles, with each article detailing a specific aspect of the country's legal and governmental framework. Important articles include Article 14 (equality before the law), Article 15 (prohibition of discrimination), and Article 30 (minority rights in education). |
| Parts | The Constitution is structured into 25 parts, each dealing with specific aspects of the country's legal, administrative, or governmental framework. |
| Schedules | There are 12 schedules, providing additional information and guidelines to make the Constitution more comprehensive and functional. |
| Fundamentals | The Constitution initially provided seven fundamental rights, now reduced to six, including equality, justice, liberty, and fraternity. |
| Federalism | The Constitution establishes a federal government system with two levels, division of powers, and flexibility, although it also contains features of a unitary form of government. |
| Citizenship | Articles 5-11 cover various aspects of citizenship, including rights for certain migrants and persons of Indian origin residing outside India. |
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What You'll Learn
The historical background of the Indian Constitution
The Indian Constitution is the supreme law of India and is the world's longest written constitution. It is important for IAS aspirants to be well-versed in the historical and political evolution of the Indian Constitution. The historical background of the Indian Constitution can be traced to many regulations and acts passed before Indian Independence in 1947.
The first step was taken by the British Parliament to regulate the affairs of the East India Company in India. The Governor of Bengal, Warren Hastings, became the Governor-General of Bengal. An Executive Council of the Governor-General was created with four members, and the Presidencies of Madras and Bombay were made subordinate to the Bengal Presidency. The Supreme Court was established at Fort William in Calcutta as the Apex Court in 1774.
The background of the Indian Constitution had a second phase called the Crown Rule, during which the British started ruling India directly. The Indian civil service was opened as a means to recruit officers for administration through open competition. After the 1857 revolt, the rule of the company ended, and the British possessions in India came directly under the British Crown. The office of the Secretary of State for India was created, and he was assisted by a 15-member Council of India. The Indian administration was under his authority, and the Governor-General was designated the Viceroy.
In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, known as the Nehru Report. Upon independence, it became clear that a new constitution was needed, and all of India needed to be brought into the union. The Constitution of India was adopted on 26 November 1949 and came into action on 26 January 1950, celebrated as Republic Day. The father of the Indian Constitution is widely regarded as Dr B.R. Ambedkar, who was appointed Chairman of the Constitution Drafting Committee.
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The structure of the Indian Constitution
The Constitution of India is the supreme legal document of India and the world's longest written national constitution. It is a meticulous document rooted in historical struggles and visionary principles, guiding India's journey toward a more just, inclusive, and prosperous society. The Constitution establishes a federal government system in India, with two government levels, a division of powers, written constitution, bicameralism, and other features of a unitary form of government.
The Constitution is structured into various "Parts", each dealing with a specific aspect of the country's legal, administrative, or governmental framework. There are currently 25 Parts, each containing several "Articles" numbered sequentially. Articles refer to specific provisions or clauses within the Constitution that detail various aspects of the country's legal and governmental framework. There are currently 448 Articles, though originally there were 395.
The Constitution also contains 12 "Schedules", which are lists or tables attached to the Constitution providing additional information or guidelines relevant to the constitutional provisions. They offer clarity and supplementary details, making the Constitution more comprehensive and functional.
The Indian Constitution is not rigid and can be amended by Parliament, though not easily. A special majority vote in Parliament is required to amend constitutional provisions, and the Supreme Court has ruled that an amendment cannot destroy what it seeks to modify. The basic structure and framework of the Constitution are immutable.
The Constitution establishes India as a sovereign, socialist, secular, democratic, and republican state. It provides for equality, fraternity, and justice for all, with six fundamental rights: equality before the law, prohibition of discrimination, equality of opportunity in matters of public employment, abolition of untouchability, abolition of titles, and protection against arrest and detention in certain cases.
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The Indian Constitution's fundamental rights
The Indian Constitution is the supreme law of India and is an extremely important document for IAS aspirants. It is the world's longest written constitution and can be amended by the Parliament following certain rules. The Constitution establishes a federal government system in India, with two government levels, a division of powers, the supremacy and rigidity of the constitution, a written constitution, and bicameralism. However, it also contains features of a unitary form of government, such as single citizenship, a strong centre, and an integrated judiciary.
The Indian Constitution initially provided seven basic fundamental rights, but now there are only six. These rights are guaranteed to all citizens and are meant to ensure that all Indians can lead their lives in peace and harmony. The six fundamental rights are:
- Right to Equality: This includes equality before the law, prohibiting discrimination based on religion, race, caste, sex, or place of birth, and equality of opportunity in matters of public employment.
- Right to Freedom: This includes freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation. However, some of these rights are subject to the security of the state, friendly relations with foreign countries, public order, and decency or morality.
- Right against Exploitation: This prohibits all forms of forced labour, child labour, and human trafficking.
- Right to Freedom of Religion: This guarantees freedom of conscience, profession, practice, and propagation of religion. It also includes cultural and educational rights, protecting the rights of religious, cultural, and linguistic minorities to preserve their heritage and culture, and ensuring education for everyone without discrimination.
- Right to Life and Personal Liberty: This includes protection against arrest and detention in certain cases and the right to constitutional remedies for the protection of civil rights.
- Right to Education: This was added in 2009.
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 achieving socialism and redistributing wealth equitably. Additionally, while the Constitution guarantees these rights, they are not absolute and are subject to certain restrictions. Violations of these rights can result in punishments prescribed in the Bharatiya Nyaya Sanhita, subject to the discretion of the judiciary.
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The Indian Constitution's amendments
The Indian Constitution is the world's longest written constitution and is the most frequently amended national constitution. It is highly detailed and specific in spelling out governmental powers, and as a result, it is amended roughly twice a year. The Constitution can be amended by the Parliament following a few rules, and there are three types of amendments. The first type must be passed by a "simple majority" in each house of the Parliament of India. The second type 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 and ratified by at least half of the State Legislatures.
The Constitution of India is an extremely important document for IAS aspirants, as it forms the basis of the polity, a significant component of the UPSC syllabus. It is also essential to understand the importance of the Constitution in the IAS exam, as previous years' UPSC question papers have included at least one question related to it.
The Indian Constitution has borrowed features from other nations, including federalism and a parliamentary form of government. It establishes a federal government system with two levels of government, a division of powers, and a written constitution. However, it also contains features of a unitary form of government, such as single citizenship, a strong centre, and an integrated judiciary.
Some important amendments to the Indian Constitution include the 42nd Amendment, also known as the "Mini Constitution," which made several significant changes during the Emergency in 1976. Another notable amendment is the 44th Amendment Act of 1978, which removed the Right to Property from the list of fundamental rights.
To prepare for the IAS exam, it is crucial to have a thorough understanding of the basics of the Indian Constitution, its articles, and amendments. This includes knowledge of fundamental rights, citizenship, and the objectives of the Constitution, such as justice, liberty, equality, and fraternity.
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The Indian Constitution's influence on the political system
The Constitution of India is the supreme law of the Republic of India. It is the world's longest written constitution and is considered a social document. It lays down the framework for the country's political system, influencing it by defining the powers and responsibilities of government institutions, outlining the principles of governance, and safeguarding fundamental rights.
The Constitution establishes a federal government system in India, with two levels of government, a division of powers, and a written constitution. It also contains features of a unitary form of government, such as single citizenship, a strong centre, and an integrated judiciary. The parliamentary form of government is borrowed from the British system, based on the principle of cooperation and coordination between the legislative and executive branches.
The Constitution guarantees six fundamental rights to all citizens, which promotes the idea of political democracy in the country. These rights include equality before the law, the prohibition of discrimination on various grounds, equality of opportunity in public employment, and the abolition of untouchability and titles. The Constitution also contains a set of principles known as Directive Principles of State Policy (DPSPs), which guide the state in formulating policies and enacting laws. These principles aim to establish a 'Welfare State' by promoting social and economic democracy.
The Constitution provides for an independent judicial system, with the judiciary operating autonomously from the executive and legislative branches. It also establishes certain independent bodies, such as the Comptroller and Auditor-General of India and Public Service Commissions, which are seen as crucial to the democratic system of government.
The Constitution contains emergency provisions that empower the President to meet extraordinary situations effectively and safeguard the country's sovereignty, unity, integrity, security, and democratic system. The President can also dismiss a state government and assume direct authority if the state government cannot function according to the Constitution, as outlined in Article 356.
The Indian Constitution is not rigid and can be amended by Parliament following specific rules. Notable amendments include the 42nd Amendment, known as the "Mini Constitution," which made sweeping changes during the Emergency in 1976. The Supreme Court has also played a role in interpreting and safeguarding the basic structure of the Constitution, as seen in the Kesavananda Bharati case.
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Frequently asked questions
The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, and safeguarding fundamental rights. It is one of the longest and most detailed written constitutions in the world.
The Indian Constitution originally contained 395 articles, now there are 448. Some important articles include Article 14 – Equality before the law, Article 15 – Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth, and Article 19 – Guarantees to all citizens six rights.
The NCERT is the most important book for preparing for the UPSC examination, but it is recommended to use other resources as well. Candidates should be well-versed in the historical and political evolution of the Indian Constitution. Practising previous years' questions and taking mock tests are also good strategies.
