Constitution of India

The Constitution of India – Detailed Overview

The Constitution of India is the supreme law of the country, laying down the framework for governance, fundamental rights, directive principles, and duties of citizens. It was adopted on 26th November 1949 and came into effect on 26th January 1950.

📜 Key Facts:

Drafted by: Dr. B.R. Ambedkar-led Drafting Committee
Total Articles: 470 (originally 395)
Total Schedules: 12 (originally 8)
Total Amendments: 106 (as of 2023)

📌 PREAMBLE OF THE CONSTITUTION

The Preamble declares India as:
🔹 Sovereign – Independent in all matters
🔹 Socialist – Equal distribution of wealth
🔹 Secular – No state religion
🔹 Democratic – Elected government
🔹 Republic – No hereditary monarchy

✨ Case Law: Kesavananda Bharati v. State of Kerala (1973) – Supreme Court ruled that the Preamble is part of the Constitution.

🏛️ PARTS OF THE CONSTITUTION

1️⃣ Part I: The Union and its Territory (Articles 1-4)

Article 1: India is a Union of States.
Article 2: Parliament can admit new states.
Article 3: Parliament can form new states or change boundaries.

🔹 Example: Telangana was created from Andhra Pradesh under Article 3.

2️⃣ Part II: Citizenship (Articles 5-11)

Defines who is an Indian citizen and how citizenship can be acquired or lost.

Article 5: Citizenship for people residing in India at the commencement of the Constitution.
Article 6: Citizenship for migrants from Pakistan.
Article 9: Indians cannot hold dual citizenship.

🔹 Current Law: Citizenship Act, 1955 regulates citizenship.

3️⃣ Part III: Fundamental Rights (Articles 12-35)

Fundamental Rights are justiciable (enforceable by courts) and protect citizens’ rights.

Right	Articles	Key Features
Right to Equality	14-18	No discrimination, abolition of untouchability
Right to Freedom	19-22	Freedom of speech, movement, protection from arbitrary detention
Right Against Exploitation	23-24	Prohibition of forced labor, child labor
Right to Freedom of Religion	25-28	Freedom to practice, profess, and propagate religion
Cultural & Educational Rights	29-30	Rights of minorities to establish institutions
Right to Constitutional Remedies	32	Right to approach Supreme Court for enforcement of rights

📌 Case Law: Maneka Gandhi v. Union of India (1978) – Expanded the scope of Article 21 (Right to Life).

4️⃣ Part IV: Directive Principles of State Policy (DPSP) (Articles 36-51)

DPSPs are non-justiciable but guide the government in making laws for welfare.

🔹 Examples:
✅ Equal pay for equal work (Article 39)
✅ Free legal aid (Article 39A)
✅ Promotion of cottage industries (Article 43)

📌 Case Law: Minerva Mills v. Union of India (1980) – DPSPs cannot violate Fundamental Rights.

5️⃣ Part IVA: Fundamental Duties (Article 51A)

Added by the 42nd Amendment (1976), inspired by the USSR Constitution.

📌 Examples:
✔ Respect the National Flag & Anthem
✔ Protect public property
✔ Promote scientific temper

6️⃣ Part V: The Union Government (Articles 52-151)

Defines the structure of the President, Parliament, Prime Minister, and Judiciary.

The President (Articles 52-78)

Article 53: Executive powers of the Union are vested in the President.
Article 61: Impeachment of the President.

Parliament (Articles 79-122)

Article 80: Rajya Sabha (Upper House).
Article 81: Lok Sabha (Lower House).

🔹 Example: The President exercises executive powers on the advice of the Council of Ministers (Article 74).

7️⃣ Part VI: State Government (Articles 152-237)

Defines the structure of Governors, State Legislatures, and High Courts.

The Governor (Articles 153-162)

Article 154: Executive power of the state is vested in the Governor.

State Legislature (Articles 168-212)

Article 169: Abolition of Legislative Councils in states.

🔹 Example: Bihar, Maharashtra, and Karnataka have Legislative Councils.

8️⃣ Part XI: Centre-State Relations (Articles 245-263)

Defines the distribution of legislative, administrative, and financial powers.

✅ Union List (97 subjects) – Defense, Railways, Foreign Affairs
✅ State List (66 subjects) – Police, Agriculture, Public Health
✅ Concurrent List (47 subjects) – Education, Criminal Law

📌 Case Law: State of West Bengal v. Union of India (1963) – The Union has overriding power over the states.

9️⃣ Part XII: Financial Provisions (Articles 264-300A)

Defines taxation, budget, and financial relations between the Centre and States.

Article 266: Consolidated Fund of India.
Article 280: Finance Commission.

🔟 Part XIV: Services & Tribunals (Articles 308-323B)

Article 312: Indian Administrative Service (IAS), Indian Police Service (IPS).
Article 323A & 323B: Tribunals for administrative and tax matters.

⚖️ Part XX: Amendment Process (Article 368)

Defines how the Constitution can be amended.

🔹 Three types of amendments:
1️⃣ Simple Majority – Example: Abolition of Legislative Councils.
2️⃣ Special Majority – Example: GST Act, Right to Education.
3️⃣ Special Majority + State Ratification – Example: Article 370 abrogation.

📌 Case Law: Kesavananda Bharati v. State of Kerala (1973) – Parliament cannot alter the “Basic Structure” of the Constitution.

🏛 Schedules in the Constitution

Schedule	Details
1st Schedule	Names of states and UTs
2nd Schedule	Salaries of President, Governors, MPs, Judges
3rd Schedule	Oath & Affirmations
7th Schedule	Division of powers (Union, State, Concurrent List)
10th Schedule	Anti-defection law
12th Schedule	Powers of Municipalities

🔥 Important Amendments

1st Amendment (1951): Added reasonable restrictions on Fundamental Rights.
42nd Amendment (1976): Added Socialist, Secular, Integrity to the Preamble.
44th Amendment (1978): Removed Right to Property (Article 31).
73rd & 74th Amendments (1992): Established Panchayati Raj & Municipalities.
101st Amendment (2016): Introduced GST.
103rd Amendment (2019): 10% EWS reservation.

⚖️ Conclusion

The Constitution of India is a living document that safeguards democracy, protects citizens’ rights, and ensures governance.

Want a detailed explanation on any Article or Amendment? Let me know! 😊