CONSTITUTION OF INDIA.

CONSTITUTION OF INDIA.

‘Of the people, for the people and by the people’

The preamble to the Indian Constitution

The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution. Preamble gives an idea about the following:

(1) The source of the constitution,

(2) Nature of Indian state

(3) A statement of its objectives and

(4) The date of its adoption.

WE, THE PEOPLE OF INDIA, have 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 this twenty-sixth day of November, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

‘Of the people, for the people and by the people’ What does it mean?

The phrase “We the people of India” emphasizes that the constitution is made by and for the Indian people and not given to them by any outside power.

CONSTITUTION OF INDIA.

The Constitution was framed by the Constituent Assembly of India, established by the members of the provincial assemblies elected by the people of India. Dr Sachidanand Sinha was the first president of the Constituent Assembly. Later, Dr Rajendra Prasad was elected its president. Dr BR Ambedkar, the chairman of its Drafting Committee, is considered the chief architect of the Indian Constitution which provides a comprehensive and dynamic framework to guide and govern the country, keeping in view her unique social, cultural and religious diversity. It establishes the main organs – executive, legislature and judiciary, defining their powers, demarcating their responsibilities and regulating the inter-se relationship. It inter alia lays down the basic structure of governance and the relationship between the government and the people. The rights and duties of citizens are also spelt out. The Constitution applies to the state of Jammu and Kashmir with certain exceptions and modifications as provided in Article 370 and the Constitution (application to Jammu and Kashmir) Order, 1954. It is the mother of all other laws of the country. Every law enacted by the Government has to be in conformity with the Constitution.

The Indian Constitution, the longest of any sovereign nation in the world, provides a comprehensive framework to guide and govern the country, keeping in view her social, cultural and religious diversity. A distinctive document with many extraordinary features, the Constitution of India is the longest written constitution of any sovereign nation in the world. Indian Constitution, when adopted by Constituent Assembly in 1949, had 395 articles and 22 parts. Many other articles and three other parts were added to it by subsequent constitutional amendments. As of now, Indian constitution contains more than 444 articles in 25 parts and eight schedules. It came into effect on January 26, 1950, the day that India celebrates each year as the Republic Day. The number of articles has since increased to 448 due to 100 amendments.

Why is it so long?

The constitution is so long because, quite simply, it had a lot to do. It had to keep a motley crew of various states and princely provinces together without the ham-handedness of British imperialism — and moreover, had to do this after an acrimonious split with Pakistan. It also had to ensure some level of continuity in what was already a turbulent transition by preserving existing systems of government. Finally, it was also a comparatively ambitious constitution as it sought to transform a grossly unequal society by granting universal adult franchise and human rights to a population not particularly used to such rights. In order to make sure that its vision of a constitutional democracy was secured, it was felt necessary to spell out certain features of administration (like the appointment and powers of officials) so that they would be harder to change.

What is an amendment?

An amendment to the Constitution is an improvement, a correction or a revision to the original content approved in 1788. To date, 27 Amendments have been approved, six have been disapproved and thousands have been discussed.

Can the Constitution be changed?

Yes, but it's a difficult process. The Constitution can be altered through an amendment, and has been done so more than 100 times. Such amendments need to be passed by both the Lok Sabha and Rajya Sabha and the majority required is more onerous than for passing regular laws. Article V of the Constitution prescribes how an amendment can become a part of the Constitution. While there are two ways, only one has ever been used. All 27 Amendments have been ratified after two-thirds of the House and Senate approve of the proposal and send it to the states for a vote. Then, three-fourths of the states must affirm the proposed Amendment.

The other method of passing an amendment requires a Constitutional Convention to be called by two-thirds of the legislatures of the States. That Convention can propose as many amendments as it deems necessary. Those amendments must be approved by three-fourths of the states.

When the amendment seeks to alter certain parts of the constitution at least half of the state legislatures to ratify it. However, this power has been limited by the Supreme Court. Certain part of the Constitution (like fundamental rights and federalism) i.e. the Basic Structure of the constitution and cannot be removed. However, this does not prevent Parliament from adding new provisions to those parts.

Constitutions are also generally written in abstract language that require interpretation, so every time the Court passes a judgment on the Constitution it becomes part of Constitutional Law.

 Articles of Indian Constitution

PART 1  - ART. 1 TO ART. 4

·         Article 1- Name and territory of the union.

·         Article 2 – Admission and Establishment of the new state.

·         Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states.

PART 2 - ART. 5 TO ART. 11

·         Article 5 – Citizenship at the commencement of the constitution.

·         Article 6- Rights of citizenship of a certain person who has migrated to India from Pakistan.

·         Article 10- continuance of rights of citizenship.

·         Article 11- Parliament to regulate the right of citizenship by law.

PART 3 – ART.12 TO ART.35

·        Article 12- Definition of the state

·       Article 13 Laws inconsistent with or in derogation of the fundamental rights.

·     Originally, the constitution provided for 7 basic fundamental rights, now there are only six rights one Right to property U/A 31 was deleted from the list of fundamental rights by 44^th amendment act 1978. It made a legal right U/A 300-A in Part XII of the constitution.

Right to Equality: Art. 14 to Art. 18

·        Article 14- Equality before the law.

·        Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.

·        Article 16- Equality of opportunity in matters of public employment.

·        Article 17- Abolition of the un - touchability.

·        Article 18- Abolition of titles

Right to Freedom: Art. 19 to art. 22

Art.19 guarantees to all the citizens the six rights

1.      · (a) Right to freedom of speech and expression.

2.      · (b) Right to assemble peacefully and without arms.

3.      · (c) Right to form associations or unions.

4.      · (d) Right to move freely throughout the territory of India.

5.      · (e) Right to reside and settle in any part of the territory of India.

6.     ·(f) Right to practice any profession or to carry on any occupation, trade, and business.

·         Article 20- Protection in respect of conviction for offences.

·         Article 21-Protection of life and personal liberty.

·         Article 22- Protection against arrest and detention in certain cases.

Right against Exploitation: Art.23 & art. 24

·         Article 23- Prohibition of traffic in human beings and forced labor.

·        Article 24- Prohibition of employment of children in factories and mines. Under age of 14.

Right to Freedom of Religion: Art.25 to art. 28

·         Article 25- Freedom of conscience and free profession, practice and propagation of religion.

·         Article 26- Freedom to manage religious affairs.

·         Article 27- Freedom as to pay taxes for promotion of any particular religion.

·         Article 28- Freedom from attending religious instruction.

Cultural and Educational Rights: Art.29 & art. 30

·         Article 29- Protection of interest of minorities.

·         Article 30- Right of minorities to establish and administer educational institutions. 

·         Article 32- Remedies for enforcement of Fundamental Rights.

PART.4 DIRECTIVE PRINCIPAL OF STATES POLICY: ART 36 TO ART. 51

·         Article 36- Definition

·         Article 37- Application of DPSP

·         Article 39A- Equal justice and free legal aid

·         Article 40- Organisation of village Panchayati

·         Article 41- Right to work, to education, and to public assistance in certain cases

·         Article 43- Living Wages, etc. for Workers.

·         Article 43A- Participation of workers in management of industries.

·         Article 44- Uniform civil code.( applicable in Goa only)

·         Article 45- Provision for free and compulsory education for children.

·         Article 46- Promotion of educational and economic interest of scheduled castes, ST, and OBC.

·    Article 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public health.

·         Article 48-Organisation of agriculture and animal husbandry.

·         Article 49- Protection of monuments and places and objects of natural importance.

·         Article 50- Separation of judiciary from the executive.

·         Article 51- Promotion of international peace and security.

FUNDAMENTAL DUTIES: PART IV-A- ART 51A

· It contains, originally 10 duties, now it contains 11 duties by 86^th amendments act 2002.

PART 5 – UNION (52-151)           

·         Article 52- The President of India

·         Article 53- Executive Power of the union.

·         Article 54- Election of President

·         Article 61- Procedure for Impeachment of the President.

·         Article 63- The Vice-president of India.

·         Article 64- The Vice-President to be ex-officio chairman the Council of States.

·         Article 66-Election of Vice-president.

·         Article 72-Pardoning powers of President.

·         Article 74- Council of Ministers to aid and advise President.

·         Article 76- Attorney-General for India.

·         Article 79- Constitution of Parliament

·         Article 80- Composition of Rajya Sabha.

·         Article 81- Composition of Lok Sabha.

·         Article 83- Duration of Houses of Parliament.

·         Article 93- The speakers and Deputy Speakers of the house of the people.

·         Article 105- Powers, Privileges, etc of the House of Parliament.

·         Article 109- Special procedure in respect of money bills

·         Article 110- Definition of “Money Bills”.

·         Article 112- Annual Financial Budget.

·         Article 114-Appropriation Bills.

·         Article 123- Powers of the President to promulgate Ordinances during recess of parliament.

·         Article 124- Establishment of Supreme Court.

·         Article 125- Salaries of Judges.

·         Article 126- Appointment of acting Chief justice.

·         Article 127- Appointment of ad-hoc judges.

·         Article 128-Attendance of a retired judge at sitting of the Supreme Court.

·         Article 129- Supreme Court to be a court of Record.

·         Article 130- Seat of the Supreme Court.

·         Article 136- Special leaves for appeal to the Supreme Court.

·         Article 137- Review of judgement or orders by the Supreme Court.

·         Article 141-Decision of the Supreme Court binding on all the courts.

·         Article 148- Comptroller and Auditor- General of India

·         Article 149- Duties and Powers of CAG ( Comptroller & Auditor - General)

PART 6 – STATES ( 152-237)

·         Article 153- Governors of State

·         Article 154- Executive Powers of Governor.

·         Article 161- Pardoning powers of the Governor.

·         Article 165- Advocate-General of the State.

·         Article 213- Power of Governor to promulgate ordinances.

·         Article 214- High Courts for states.

·         Article 215- High Courts to be a court of record.

·         Article 226- Power of High Courts to issue certain writs.

·         Article 233- Appointment of District judges.

·         Article 235- Control over Sub-ordinate Courts.

PART 7 – 238 – REPEALED

PART 8 – 239-242 – UNION TERRITORIES

PART 9 – 243-243 O – PANCHAYATS

·         Article 243A- Gram Sabha

·         Article 243B- Constitution of Panchayats

PART 9A – 243 P-243 ZG – MUNICIPALITIES

PART 10: SCHEDULED AND TRIBAL AREAS -244

PART 11: CENTER- STATE RELATIONS 245 – 263

PART 12: FINANCE, PROPERTY, CONTRACTS AND SUITS (264 – 300A)

·         Article 266- Consolidated Fund and Public Accounts Fund

·         Article 267- Contingency Fund of India

·         Article 280- Finance Commission

·         Article 300-A- Right to property.

PART 13: TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORIES OF INDIA (301-307)

·         Article 301-Freedom to trade, commerce, and intercourse.

·         Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.

PART 14: SERVICES UNDER CENTER AND STATE (308-323)

·         Article 312- All- India-Service.

·         Article 315- Public service commission for the union and for the states

·         Article 320- Functions of Public Service Commission.

PART 14A: TRIBUNALS (323 A – 323 B)

·         Article 323A- Administrative Tribunals

PART 15: ELECTIONS (324 – 329)

· Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.

·  Article 325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.

·   Article 326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.

PART 16: SPECIAL PROVISIONS TO SC, ST, OBC, MINORITIES ETC (330 -342)

·     Article 338- National Commission for the SC, & ST.

·     Article 340- Appointment of a commission to investigate the conditions of backward classes.

PART 17: OFFICIAL LANGUAGE (343- 351)

·      Article 343- Official languages of the Union.

·      Article 345- Official languages or languages of states.

·      Article 348- Languages to be used in the Supreme Court and in the High Courts.

·      Article 351-Directive for development of the Hindi languages.

PART 18: EMERGENCY (352-360)

·     Article 352- Proclamation of emergency (National Emergency).

·     Article 356- State Emergency (President’s Rule)

·      Article 360- Financial Emergency

PART 19: MISCELLANEOUS (361-367)

·         Article 361- Protection of President and Governors

PART 20: AMENDMENT OF CONSTITUTION (368)

·         Article 368- Powers of Parliaments to amend the constitution.

PART 21 : SPECIAL, TRANSITIONAL AND TEMPORARY PROVISIONS (369 – 392)

·         Article 370 – Special provision of J&K.

·         Article 371A –  Special provision with respect to the State of Nagaland

·         Article 371-J: Special Status for Hyderabad-Karnataka region

PART 22: SHORT TEXT, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS (392 – 395)

·         Article 393 – Short title – This Constitution may be called the Constitution of India.

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