2. Constitution of India
The Supreme law of India
A living document, an instrument which makes the government system
work
Passed by the Constituent Assembly on 26 November 1949, it came
into effect on 26 January 1950
Contain 395 articles in 22 parts, 12 schedules and 94 amendments, for
a total of 117,369 words.
4. Principles of our Constitution
The Preamble has clearly states that our country is now Sovereign in all
matters. The ultimate source of all power is ‘ THE PEOPLE ’
The basic principles of our constitution are:
i. Sovereignty
ii. Democracy
iii. Secularism &
iv. Socialism.
5. Structure of Constitution of India
The Constitution, in its current form (Nov 2015), consists of 1 preamble,
25 parts containing 448 articles, 12 schedules, 5 appendices and 100
amendments to date.
Constitution of India
Preamble 1 Parts 25
Articles 448
Amendments 100 Appendices 5Schedules 12
Fundamental Rights
Directive Principles
Fundamental Duties
6. Different elements of constitution are described as follows:-
Preamble(1):
The Preamble to the Constitution of India is a brief
introductory statement that sets out the guiding purpose and
principles of the document.
Parts(25):
The individual Articles of the Constitution are grouped
together into the following Parts-
1. Part I – Union and its Territory
2. Part II – Citizenship
7. 3. Part III – Fundamental Rights
4. Part IV – Directive Principles of State Policy
5. Part IVA – Fundamental Duties
6. Part V – The Union
7. Part VI – The States
8. Part VII – States in the B part of the First schedule(Repealed)
9. Part VIII – The Union Territories
10. Part IX – The Panchayats
11. Part IXA – The Municipalities
12. Part X – The scheduled and Tribal Areas
13. Part XI – Relations between the Union and the States
14. Part XII – Finance, Property, Contracts and Suits
15. Part XIII – Trade and Commerce within the territory of India
16. Part XIV – Services Under the Union, the States
8. 17. Part XIVA – Tribunals
18. Part XV – Elections
19. Part XVI – Special Provisions Relating to certain Classes
20. Part XVII – Languages
21. Part XVIII – Emergency Provisions
Articles(1-448):
It is subcategory of different Parts in the constitution which
contains detail information of the subject or the Title which an Article
represents.
Amendments(100):
Amendment of the Constitution of India is the process of
making change to the nation's fundamental law.
9.
10. Schedules(12):
Schedules are lists in the Constitution that categorize and
tabulate bureaucratic activity and policy of the Government.
Appendices(5):
They are extension to the constitution.
Fundamental Rights(Part III- Article12-35):
The word fundamental suggests that these rights are so
important that the Constitution has separately listed them and made
special provisions for their protection.
11. The Constitution of India recognizes certain basic fundamental rights for
every citizen of India, such as:
a) Right to Equality
b) Right to Freedom
c) Right to Freedom of Religion
d) Right against Exploitation
e) Cultural & Educational Rights
f) Right to Constitutional Remedies
12. Right to Equality:
Equality before law (Article 14)
Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth (Article 15)
Equality of opportunity in matters of public employment (Article 16)
Abolition of Untouchability (Article 17)
Abolition of titles (Article 18)
Right to Freedom:
Protection of certain rights regarding freedom of speech, etc. (Article
19)
Protection in respect of conviction for offences (Article 20)
13. Protection of life and personal liberty (Article 21)
Right to education (Article 21A)
Right against Exploitation:
Prohibition of traffic in human beings and forced labor (Article 23)
Prohibition of employment of children in factories, etc. (Article 24)
Right to Freedom of Religion:
Freedom of conscience and free profession, practice and propagation of
religion (Article 25)
Freedom to manage religious affairs (Article 26)
14. Cultural and Educational Rights :
Protection of interests of minorities (Article 29)
Right of minorities to establish and administer educational institutions
(Article 30)
Right to Constitutional Remedies :
Remedies for enforcement of rights conferred (Article 32)
15. Fundamental Duties(Part IV Article 51A ):
i. These are considered as the duties that must be and should be
performed by every citizen of India
ii. These fundamental duties are defined as-
It shall be the duty of every citizens of India: -
a. To abide by the Constitution.
b. To uphold & protect the sovereignty, unity and integrity of India.
16. c. To Cherish & follow the noble ideas which inspired our national
struggle for freedom
d. To defend the country & render national service when called upon
to do so
e. To promote harmony & the spirit of common brotherhood
f. To value & preserve the rich heritage of our composite culture
g. To protect & improve the national environment
h. To safeguard public property & to abjure violence.
17. Directive Principles(Part IV- Article36-51):
It provides the social and economic base of a genuine
democracy.
The classification of these are as follows –
i. Socio-economic Principles
ii. Liberal Principles
iii. Gandhian Principles &
iv. International Principles
18. The First Book of Constitution of India is Located at Parliament Library Building,
New Delhi, India.
19.
20. Influence of other constitutions
British Constitution:
Parliamentary form of government
The idea of single citizenship
Lawmaking procedure
French Constitution:
Ideals of Liberty, Equality and Fraternity
Constitution of Soviet Union:
Fundamental Duties (51-A)
The concept of five year plans
21. Irish Constitution:
Directive principles of state policy
Australian Constitution:
Terminology for the Preamble
Freedom of trade and commerce within the country and between
the states
US Constitution:
Charter of Fundamental Rights
President as supreme commander of armed forces
Equal Protection under law
22. Other Constitutions:
Emergency Provision u/a 356, Weimar Constitution(Germany)
Amendment of Constitution, South Africa
Due Procedure of Law, Japan
23. Facts on the Constitution of India:
The Constitution was adopted on November 26, 1949, while it came
into force on January 26, 1950
Dr B R Ambedkar is regarded as the chief architect of the Indian
Constitution. He is also known as the Father of Constitution of India.
The Constitution of India was not typeset or printed but was
handwritten and calligraphed in both English and Hindi
The original copies of the Constitution of India are kept in special
helium-filled cases in the Library of the Parliament of India
24. It is the longest written constitution of any independent country in the
world
Rs.1,00,00,000 was official estimate of expenditure on constituent
assembly
The Constituent Assembly had 284 members, out of which 15 were
women
The draft was submitted in November 1949. After the submission, it
took three more years to complete it
Indian constitution is known as one of the world's best constitution
especially since it has only seen 100 amendments.
25. Jan 25, 1950: Key members of the Constituent Assembly sign the first copies of the Constitution.
26. If India were to try and draft a Constitution today she would almost
certainly fail
The significant achievement of India’s Constituent Assembly is that it
created a Constitution which has survived
Pakistan’s assembly took seven years to draft the country’s
Constitution (1956), which collapsed in 1958 and again in 1969, 1978
and so on
India’s Constituent Assembly had men of genius with vision, passion,
integrity and patience who were not angling for power
Let no one make light of their foundational achievement.
Conclusion
27. The constitution - a living document
In the conclusion of his Making of India's Constitution, Justice Hans Raj
Khanna writes:
“A constitution is not a parchment of paper, it is a way of life and
has to be lived up to. Eternal vigilance is the price of liberty and in the final
analysis, its only keepers are the people.”