Constitution of india

Constitution of India Detailed Explanation

Introduction

The Constitution of India is the supreme law of India. It is the foundation of the Indian political system and explains:

Structure of government

Powers of different organs

Rights of citizens

Duties of citizens

Relationship between Centre and States

Principles of governance

It is one of the longest written constitutions in the world.

The Constitution came into effect on:

26 January 1950

This day is celebrated as:

Republic Day

The Constitution was adopted on:

26 November 1949

This day is observed as:

Constitution Day of India

Historical Background

Before independence, India was ruled by the British for nearly 200 years.

Several important laws influenced constitutional development:

Act

Importance

Regulating Act 1773

First control over East India Company

Pitts India Act 1784

Increased British government control

Charter Acts

Administrative reforms

Government of India Act 1858

British Crown took direct control

Indian Councils Acts

Limited representation

Government of India Act 1919

Dyarchy introduced

Government of India Act 1935

Major source of Indian Constitution

The:

Government of India Act 1935

became the biggest source of the Indian Constitution.

Making of the Constitution

The Constitution was made by the:

Constituent Assembly of India

Formation of Constituent Assembly

The idea of a Constituent Assembly was first demanded by:

M. N. Roy

Later supported by:

Jawaharlal Nehru

The assembly was formed in 1946 under the Cabinet Mission Plan.

First Meeting

The first meeting was held on:

9 December 1946

Temporary chairman:

Sachchidananda Sinha

Permanent chairman (President):

Rajendra Prasad

Drafting Committee

The Drafting Committee was formed on:

29 August 1947

Chairman:

B. R. Ambedkar

Because of his contribution, Ambedkar is called:

Father of the Indian Constitution

Time Taken to Make Constitution

The Constitution took:

2 years

11 months

18 days

Total expenditure:

Around 64 lakh

Originally:

395 Articles

8 Schedules

Now:

More than 450 Articles

12 Schedules

Sources of the Indian Constitution

India borrowed features from many countries.

Country

Features Borrowed

UK

Parliamentary system, Rule of Law

USA

Fundamental Rights, Judicial Review

Ireland

Directive Principles

Canada

Strong Centre

Australia

Concurrent List

USSR

Fundamental Duties

Germany

Emergency provisions

South Africa

Amendment procedure

Preamble of the Constitution

The Preamble is the introduction to the Constitution.

It begins with:

We, the People of India

This means:

Power comes from citizens.

The Preamble declares India as:

Sovereign

Socialist

Secular

Democratic

Republic

These words describe the nature of the Indian state.

Meaning of Key Terms

Sovereign

India is independent internally and externally.

Socialist

Government works for social and economic equality.

Secular

India respects all religions equally.

Democratic

People elect their government.

Republic

Head of state is elected, not hereditary.

Fundamental Rights

Fundamental Rights are in:

Part III (Articles 1235)

They protect citizens from misuse of state power.

Originally there were 7 rights. Now there are 6 rights.

Types of Fundamental Rights

Right

Articles

Right to Equality

1418

Right to Freedom

1922

Right against Exploitation

2324

Right to Freedom of Religion

2528

Cultural and Educational Rights

2930

Right to Constitutional Remedies

32

Dr. Ambedkar called Article 32:

Heart and Soul of the Constitution

Right to Equality

Equality before law means:

Everyone is equal in front of courts.

No discrimination based on:

Religion

Race

Caste

Sex

Place of birth

Right to Freedom

Includes:

Freedom of speech

Freedom of movement

Freedom of profession

Freedom of assembly

Most important:

Freedom of Speech and Expression

This article protects free expression.

Right Against Exploitation

Prohibits:

Human trafficking

Forced labour

Child labour

Right to Freedom of Religion

India has no official religion.

Citizens can:

Practice religion

Propagate religion

Manage religious affairs

Cultural and Educational Rights

Protects minorities culture and language.

Minorities can establish educational institutions.

Right to Constitutional Remedies

Citizens can directly approach:

High Courts

Supreme Court

if rights are violated.

Types of writs:

Habeas Corpus

Mandamus

Prohibition

Certiorari

Quo Warranto

Fundamental Duties

Added by:

42nd Constitutional Amendment (1976)

Inspired by USSR.

Located in:

Article 51A

There are currently:

11 Fundamental Duties

Examples:

Respect Constitution

Protect national unity

Protect environment

Respect national symbols

Directive Principles of State Policy (DPSP)

Located in:

Part IV

Inspired by Ireland.

These are:

Non-justiciable

Not enforceable in court

Purpose:

Welfare state

Social justice

Important DPSPs

Article

Provision

39

Equal pay

40

Village Panchayats

44

Uniform Civil Code

45

Education

48A

Environment protection

Parliamentary System

India follows British-style parliamentary democracy.

Parliament consists of:

Parliament of India

President

Lok Sabha

Rajya Sabha

Lok Sabha

Lower House.

Members directly elected by people.

Maximum strength:

552

Term:

5 years

Rajya Sabha

Upper House.

Permanent House.

Maximum strength:

250

Vice-President is chairman.

President of India

Constitutional head of state.

First President:

Rajendra Prasad

Current constitutional powers:

Appoints Prime Minister

Summons Parliament

Signs bills

Declares emergency

Prime Minister

Real executive head.

Most powerful political office in India.

First Prime Minister:

Jawaharlal Nehru

Judiciary

Independent judiciary protects Constitution.

Highest court:

Supreme Court of India

Functions:

Judicial review

Protection of rights

Constitutional interpretation

Federal System

India has:

Central government

State governments

But Indian federalism is unique because:

Centre is stronger than states.

Emergency Provisions

Borrowed from Germany.

Three types:

Type

Article

National Emergency

352

State Emergency

356

Financial Emergency

360

Important Constitutional Amendments

1st Amendment (1951)

Restricted freedom of speech reasonably.

42nd Amendment (1976)

Called:

Mini Constitution

Added:

Socialist

Secular

Integrity

Fundamental Duties

44th Amendment (1978)

Reduced misuse of emergency powers.

73rd & 74th Amendments

Strengthened Panchayati Raj and Municipalities.

Basic Structure Doctrine

One of the most important hidden constitutional concepts.

Established in:

Kesavananda Bharati Case

Supreme Court said: Parliament can amend Constitution, but cannot destroy its:

Basic Structure

Examples:

Democracy

Rule of law

Judicial review

Federalism

Secularism

This doctrine is unique globally.

Interesting Rare Facts

1. Constitution was handwritten

Original Constitution was handwritten in both:

English

Hindi

By:

Prem Behari Narain Raizada

2. Decorated with Indian art

Pages were decorated by artists from:

Shantiniketan

3. Longest Written Constitution

India has one of the most detailed constitutions in the world because:

Huge diversity

Complex administration

Historical challenges

Why Indian Constitution is Unique

The Indian Constitution is unique because it combines:

Flexibility and rigidity

Federalism and unitary features

Rights and duties

Democracy and social justice

It successfully governs one of the worlds most diverse countries with:

Multiple religions

Languages

Cultures

Ethnic groups

That is why it is often called:

The backbone of Indian democracy.

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