Constitution of India
Our Constitution passed on 26th November 1949 and it came into effect on 26th January 1950. It is the supreme law of India with a framework defining fundamental Political Principles, establishing the structure procedures, powers and duties of the government and spell out of the fundamental rights, Directives Principles and Duties of Citizen. The constitution of India declares “Union of India” to be sovereign, socialist, secular, and liberty and to promote among them all fraternity. It is the largest written constitution of any sovereign country in the world, constiting 444 articles in 22 parts, 12 Schedules and 94 amendments, for a total of 117,369 words in the English language version. Being the supreme law of the country every law enacted by the government must confirm to the constitution. B.R Ambedkar as Chairmen of the Constitution Drafting Committee was the Chief Architect of the Indian constituency and father of the constitution of India.
Schedules
This section of 'Constitution of India - Schedules' of India Facts we will discuss about the 12 schedules that are in our constitution. These twelve schedules covers different important topics such as the official languages are mentioned in one of them, land and tenure reforms, rural development urban development, and etc.Any additional schedule can be added in the constitution, provision is given. It is usually done through amendments.
- Designations of the States and Union Territories.
- Emoluments for high-level officials
- Forms of oaths.
- Allocation of the number of seats in the Rajya Sabha (Council of States - the upper house of Parliament) per State or Union Territory.
- Provisions for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).
- Provisions for the administration of tribal areas in Assam.
- The Union (central government), State, and Concurrent (dual) lists of responsibilities.
- The official languages.
- Land and tenure reforms.
- The association of Sikkim with India.
- Anti-defection provisions for Members of Parliament and Members of the State Legislatures.
- Rural development.
- Urban planning.
Articles
In this section of India Facts we discuss about Constitution of India - Articles. You get all the articles i.e. Part I to Part XXII, in details. In these Part I to Part XXII you will learn about 395 articles. Article 123 explains about the legislative powers of the President and article 213 is for the legislative powers of the Governor. Article 300A is important for everyone because it explains about Right to Property..
Part I - consists of Articles 1 - 4 on the Union and its Territory
Part II - consists of Articles 5 - 11 on Citizenship.
Part III - consists of Articles 12 - 35 on Fundamental Rights.
Articles 14 - 18 on Right to Equality,
Articles 19 - 22 on Right to Freedom,
Articles 23 - 24 on Right against Exploitation,
Articles 25 - 28 on Right to Freedom of Religion,
Articles 29 - 31 on Cultural and Educational Rights,
Articles 32 - 35 on Right to Constitutional Remedies.
Part IV - consists of Articles 36 - 51 on Directive Principles of State Policy.
Part IV (A) consists of Article 51A - Fundamental Duties of each citizen of India.
Part V - consists of Articles on the Union.
Part VII - consists of Articles on States in the B part of the First schedule.
Article 238 Repealed, Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
Part VIII - consists of Articles on the Union Territories
Articles 239 - 242 Administration, creation of Council of Ministers and High Courts
Part IX - consists of Articles on the Panchayat system.
Articles 243 - 243 on the Gram Sabha and Panchayat system
Part IXA - consists of Articles on Municipalities.
Articles 243 - 243Z on Municipalities
Part X - consists of Articles on the scheduled and Tribal Areas
Articles 244 - 244A on Administration, creation of Council of Ministers, and legislatures.
Part XI - consists of Articles on Relations between the Union and the States.
Articles 52 to 78 on The Executive.
Articles 52 - 73 on the President and Vice-President,
Articles 74 - 75 on Council of Ministers,
Articles 76 - Attorney General of India,
Articles 77 - 78 on the Conduct of Government Business
Articles 79 - 122 on Parliament.
Articles 79 - 88 on Constitution of Parliament,
Articles 89 - 98 on Officers of Parliament,
Articles 99 - 100 on Conduct of Business,
Articles 101 - 104 on Disqualification of members,
Articles 105 - 106 on Powers, privileges and Immunities of Parliament and its Members,
Articles 107 - 111 on Legislative Procedure,
Articles 112 - 117 on Procedure in Financial Matters,
Articles 118 - 122 on Procedure Generally.
Articles 168 - 212 on The State Legislature.
Articles 168 - 177 General
Articles 178 - 187 on the Officers of the State Legislature,
Articles 188 - 189 on Conduct of Business,
Articles 190 - 193 on Disqualification of members,
Articles 194 - 195 on Powers, Privileges and Immunities Parliament and its Members,
Articles 196 - 201 on Legislative Procedure,
Articles 202 - 207 on Procedure in Financial Matters,
Articles 208 - 212 on Procedure Generally
Article 213 on the Legislative Powers of the Governor
Article 213 - Power of president to promulgate Ordinances during recess of Parliament
Articles 214 - 231 on The High Courts in the States.
Articles 214 - 231 on High Courts in the States,
Articles 233 - 237 on the Subordinate Courts
Articles 232 - 237 on Subordinate Courts
Articles 245 - 255 on the Distribution of Legislative Powers
Articles 245 - 255 on Distribution of Legislative Relations
Articles 256 - 263 on Administrative Relations
Articles 256 - 261 - General
Article 262 - on Disputes relating to waters.
Article 263 - on Co-ordination between States
Articles 264 - 291 on Finance
Articles 264 - 267 General
Articles 268 - 281 on Distribution Revenues between the Union and the States
Articles 282 - 291 on Miscellaneous Financial Provisions
Articles 292 - 293 on Borrowing
Articles 292 - 293 on Borrowing by States
Articles 294 - 300 on Property, Contracts, Right, Liabilities, Obligations and Suits
Articles 294 - 300 on Succession to property assets, liabilities, and obligations.
Article 300A on the Right to Property
Article 300A - on Persons not to be deprived of property save by authority of law
Articles 301 - 305 on Freedom of Trade and Commerce, and the power of Parliament and States to impose restrictions on the same
Article 306 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
Article 307 - Appointment of authority for carrying out the purposes of articles 301 to 304.
Articles 308 - 314 on Services
Articles 308 - 313 on Services
Article 314 - Repealed - Replaced by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972).
Articles 315 - 323 on the Public Service Commissions
Articles 315 - 323 on Public Service Commissions
Articles 324 - 329 on Elections
Article 329A - Repealed - Replaced by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
Articles 330 - 342 on Reservations
Articles 343 - 344 on Language of the Union
Articles 343 - 344 Official Language of the Union
Articles 345 - 347 on Regional Languages
Articles 345 - 347 on Language of the State
Articles 348 - 349 on Language of the Supreme Court, High courts, Etc
Articles 348 - 349 on Language used in Supreme Court, High courts Etc
Articles 350 - 351 on Special Directives
Article 350 - on Language to be used in representations for redress of grievances.
Article 350A - on Facilities for instruction in mother-tongue at primary stage.
Article 350B - on provision for Special Officer for linguistic minorities.
Article 351 - on Directive for development of the Hindi language.
Articles 352 - 359 on Emergency Provisions
Article 359A - Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990)
Article 360 - on Provisions as to financial emergency.
Articles 361 - 361A - Miscellaneous
Article 362 - Repealed - Replaced by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2.
Articles 363 - 367 - Miscellaneous.
Articles 368 on the Power of parliament to amend the constitution and procedure therefore
Articles 369 - 378A on Temporary, Transitional and Special Provisions
Article 379 - 391 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
Article 392 - on the Power of the President to remove difficulties.
Articles 393 - 395 Commencement, authoritative text in Hindi and repeals
Preamble :
The Preamble highlights few fundamental values and guiding principles on which the Constitution of India is based. It serves as the guiding light for both, the Constitution as well as the judges who interpret the Constitution in its light. The opening few words of the Preamble - "We, the people" - signifies that the power is vested in the hands of the people of India. The Preamble is 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 this twenty-sixth day of November1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THISCONSTITUTION.
Initially the preamble was not the part of the Constitution of India but the Supreme Court, in the case of 'Kesavananda Bharati v. State of Kerala' found it to be part of the Constitution and can be used in interpret ambiguous areas of the Constitution. The words "SOCIALIST" and "SECULAR" were introduced in 42nd amendment.
Terms of Preamble, Explained
Sovereign - It means supreme or independent. The country is both, internally as well as externally sovereign. Externally it is free from any foreign power and internally it exercises a free government directly elected by the people and makes laws that govern the people.
Socialist - The word was added by the 42nd amendment act of 1976. It implies to social and economic equality. Social equality means there is no discrimination on the grounds of caste, color, creed, sex, religion, language, etc. Each one enjoys equal status and opportunities. By economic equality it means that the government will endeavor for equal distribution of wealth and to provide a decent standard of living for all, hence a commitment in forming a welfare state. Abolition of Untouchability and Zamindari, the Equal Wages Act and the Child Labour Prohibition Act were few steps taken by the government in this context.
Secular -The word was inserted by the 42nd amendment act of 1976. Secular implies equality of all religions and religious tolerance. No state in India has an official state religion. Anybody can preach, practice and propagate any religion of his or her choice. In the eyes of law all citizens are equal irrespective of their religious beliefs. No religious instruction is imparted in government schools or government-aided schools.
Democratic - This mean that the government of all levels are elected by the people through a system of universal adult franchise. Every citizen irrespective of caste, creed, color, sex, religion or education who is 18 years of age and above is entitled to vote, if not debarred by law.
Republic - The term means that the head of the state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by Electoral College for a fixed period of five years.