Constitution Of India

The task of framing the Constitution of India was given to the Constituent Assembly, formed under the Cabinet Mission Plan of 1946. The inaugural meeting of the Constituent Assembly was held on December 9, 1946. Dr Sachidananda Sinha was dected provisional Chairman of the Constituent Assembly. On December 11, 1946, Dr. Rajendra Prasad was elected as the permanent chairman of the Constituent Assembly.

The Constitution of India was enacted, signed and adopted by the Constituent Assembly on November 26, 1949.

On January 26, 1950, the Constitution of India came into force on which date India also became a Republic. Our constitution makes detailed provisions for the following:
  • Citizenship,
  • Fundamental Rights,
  • Directive Principles of State Policy,
  • Structure of the Government,
  • Parliament and State Legislatures,
  • Supreme Court and High Courts,
  • Relationship between the Union and the States,
  • Services,
  • Official Language and various other matters of basic importance

    Salient Features of Constitution
    1. It is the longest written constitution in the world.
    2. Consisting of 22 Chapters, over 395 Articles and 12 Schedules.
    3.  It proclaims India a Sovereign Democratic Republic.
    4. Fundamental Rights are guaranteed to all citizens of India.
    5. Directive Principles of State Policy are incorporated.
    6. It established the parliamentary system of government, i.e., the President of the Union is the constitutional head, the Council of Ministers or the Union Cabinet is the real executive and is responsible to the Lok Sabha.
    7. It is federal in form (in normal times) but unitary in spirit (in emergencies).
    8. It is neither too rigid (as some provisions can be amended by a simple majority) nor flexible (as some provisions require special majority for amendment).
    9. It declares India a secular state.
    10. It guarantees single citizenship to all citizens.
    11. It introduced adult franchise, i.e., every adult above 18 years has the right to vote and the system of joint electorates.
    12. It established an independent judiciary; the Supreme Court acts as a guardian of the Constitution in place of the Privy Council.
     The Preamble
    The draft of the Preamble was prepared by Jawaharlal Nehru and is based on the American model. The 42nd Amendment added the words ``Secular and Socialist'' and now the preamble reads as follows.

    ``We the People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens :
    Justice; social, economic and political;
    Liberty; of thought, expression, belief, faith and worship;
    Equality; of status and of opportunity; and to promote among them all;
    Fraternity; assuring the dignity of the individual and the unity and integrity of the nation;
     
    In our Constituent Assembly, November 26, 1949, do hereby adopt, enact and give to ourselves this constitution.


    Articles of the Constitution
    PartArticleDeals with
    Part IArticles 1-4Territory of India,, admission,, establishment or formation of new states
    Part IIArticles 5-11Citizenship
    Part IIIArticles 12-35Fundamental Rights
    Part IVArticles 36-51Directive Principles of State Policy
    Part IV AArticle 51-ADuties of a citizen of India. It was added by the 42nd Amendment in 1976
    Part VArticles 52-151Government at the Union level
    Part VIArticles 152-237Government at the State level
    Part VIIArticle 238Deals with states in Part B of the First Schedule. It was repealed by 7th Amendment in 1956
    Part VIIIArticles 239-241Administration of Union Territories
    Part IXArticle 242-243Territories in Part D of the First Schedule
    and other territories. It was repealed by 7th Amendment in 1956
    Part XArticles 244-244 AScheduled and tribal areas
    Part XIArticles 245-263Relations between the Union and States
    Part XIIArticles 264-300Finance,, property,, contracts and suits
    Part XIIIArticles 301-307Trade,, commerce and travel within the
    territory of India
    Part XIVArticles 308-323Services under the Union and States
    Part XIV-AArticles 323A-323BAdded by the 42nd Amendment in 1976
    and deals with administrative tribunals to hear disputes and other complaints
    Part XVArticles 324-329Election and Election Commission
    Part XVIArticles 330-342Special provision to certain classes ST/SC
    and Anglo Indians
    Part XVIIArticles 343-351Official languages
    Part XVIIIArticles 352-360Emergency provisions
    Part XIXArticles 361-367Miscellaneous provision regarding exemption of the President and governors from criminal proceedings
    Part XXArticle 368Amendment of Constitution
    Part XXIArticles 369-392Temporary,, transitional and special provisions
    Part XXIIArticles 393-395Short title, commencement and repeal
    of the Constitution
    Schedules
    FIRST SCHEDULE : I. The State, II. The Union Territories.

    SECOND SCHEDULE :
    PART A.  Provisions to the President and the Governors of States
    PART B.  (Repeated)
    PART C.  Provisions as to the Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State.
    PART D.  Provisions as to the Judges of the Supreme Court and of the High Courts.
    PART E.  Provisions as to the Comptroller and Auditor-General of India.
    THIRD SCHEDULE :  Forms of Oaths or Affirmations.

    FOURTH SCHEDULE :  Allocation of Seats in the Council of States.

    FIFTH SCHEDULE : Provisions as to the administration and Control of Scheduled Areas and Scheduled Tribes.
    PART A.   General
    PART B.   Administration and Control of Scheduled Areas and Scheduled Tribes
    PART C.  Scheduled Areas
    PART D.   Amendment of the Schedule
    SIXTH SCHEDULE :  Provisions as to the administration of Tribal Areas in the States of Assam,  Meghalaya, Tripura and Mizoram.

    SEVENTH SCHEDULE :
    LIST I.   Union List
    LIST II.   State List
    LIST III.   Concurrent List
    EIGHTH SCHEDULE :  Languages

    NINTH SCHEDULE :  Article 31B

    TENTH SCHEDULE :  Provisions as to disqualification on the ground of defection

    ELEVENTH SCHEDULE :  Article 243G

    TWELFTH SCHEDULE :  Article 243W


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