c c

THE CONSTITUTION OF INDIAcc

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g

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WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
_1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all
its citizens:cc

JUSTICE, social, economic and political;cc

LIBERTY of thought, expression, belief, faith and worship;cc

EQUALITY of status and of opportunity;cc

and to promote among them allcc

FRATERNITY assuring the dignity of the individual and the _2[unity and integrity of the
Nation];cc

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do

HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.cc

V



 
  


   ·SOCIALIST¶, ·SECULAR¶ and ·UNITY¶ & ·INTEGRITY¶ 

 
  
  



 




  



The country attained freedom on 15 August 1947. The Constitution of the Republic came into effect on 26 January
1950. It was drawn up by a Constituent Assembly initially summoned on December 9, 1946. A draft of the Constitution
was published in February 1948. The Constitution was finally adopted for 26 November 1949. It came into effect on 26
January 1950.

The Preamble of the Constitution reads 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 of November, 1949, do hereby adopt, enact and give to ourselves this Constitution.
The Indian Constitution closely follows the the British Parliamentary model, but differs from it in one important respect
that is, the Constitution is supreme, not the Parliament. So the Indian courts are vested with the authority to adjudicate
on the constitutionality of any law passed by the Indian Parliament.

The methods for amendment of the Constitution are three according to the subject matter of the Article concerned.

1. Articles that may be amended by a simple majority of Parliament. These are matters of detail, like those
provided in the Schedules.
2. Articles that may be amended by two thirds majority of bot houses. These are comparatively important
matters.
3. Articles that require not only two-thirds majority of the Parliament but also ratification by at least one-half of
the State Legislatures.

The country has a bicameral parliament including the Rajya Sabha (Council of States) and the Lok Sabha (House of
the People). The memebers of Lok Sabha are elected directly by all eligible voters and sits for 5 years unless
dissolved earlier. The legislatures of the states and union territories elect 233 members to the Rajya Sabha, and the
president appoints another 12. The elected members of the Rajya Sabha serve 6-year terms, with one-third up for
election every 2 years. The Lok Sabha consists of 545 members; 543 are directly elected to 5-year terms. The other
two are appointed. National and state elections are ordinarily held every five years, although they may be postponed in
an emergency and may be held more frequently if the government loses a confidence vote.

Ô 

The Rajya Sabha consists of 245 members. Of these, 233 represent states and union territories and 12 members are
nominated by the President. Elections to the Rajya Sabha are indirect; members are elected by the elected members
of Legislative Assemblies of the concerned states. The Rajya Sabha is not subject to dissolution, one third of its
members retire every second year.
The allotted quota of the representatives of each State are elected by the members of the Legislative Assembly of that
State, in accordance with the system of proportional representation by means of a single transferable vote. The
nominated members are persons with special knowledge or practical experience in literature, science, art and social

service. The Rajya Sabha is presided over by the Vice-President of India. 

 

The Lok Sabha is composed of representatives of the people chosen by direct election on the basis of universal adult
suffrage. As of today, the Lok Sabha consists of 545 members with two members nominated by the President to
represent the Anglo-Indian Community. Unless dissolved under unusual circumstances, the term of the Lok Sabha is

five years. The Lok Sabha elects its own presiding officer, the Speaker. 
 
Ô 

The main function of both the Houses is to pass laws. Every Bill has to be passed by both the Houses and assented to
by the President before it becomes law. The subjects over which Parliament can legislate are the subjects mentioned
under the Union List in the Seventh Schedule to the Constitution of India. Broadly speaking, Union subjects are those
important subjects which for reasons of convenience, efficiency and security are administered on all-lndia basis. The
principal Union subjects are Defence, Foreign Affairs, Railways, Transport and Communications, Currency and
Coinage, Banking, Customs and Excise Duties. There are numerous other subjects on which both Parliament and
State Legislatures can legislate. Under this category mention may be made of economic and social planning, social
security and insurance, labour welfare, price control and vital statistics.
Besides passing laws, Parliament can by means of resolutions, motions for adjournment, discussions and questions
addressed by members to Ministers exercise control over the administration of the country and safeguard people's
liberties.

The judiciary is relatively independent and the legal system is based on English common law. India's independent
judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries.
The Supreme Court consists of a chief justice and 25 other justices, all appointed by the president on the advice of the
prime minister.
The Supreme Court is the apex court in the country. The High Court stands at the head of the state's judicial
administration. Each state is divided into judicial districts presided over by a district and sessions judge, who is the
highest judicicial authority in a district. Below him, there are courts of civil jurisdiction, known in different states as
munsifs, sub-judges, civil judges and the like. Similarly, criminal judiciary comprises chief judicial magistrate and
judicial magistrates of first and second class.



 
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all
disputes between the Union and one or more states or between two or more states. The Constitution gives an
extensive original jurisdiction to the Supreme Court to enforce Fundamental Rights.

Appellate jurisdiction of the Supreme Court can be invoked by a certificate of the High Court concerned or by special
leave granted by the Supreme Court in respect of any judgement, decree or final order of a High Court in cases both
civil and criminal, involving substantial questions of law as to the interpretation of the constitution. The President may
consult the Supreme Court on any question of fact or law of public importance.
The Supreme Court of India comprises of the Chief Justice and not more than 25 other Judges appointed by the

President. Judges hold office till 65 years of age. 


 
There are 18 High Courts in the country, three having jurisdiction over more than one state. Bombay High Court has
the jurisdiction over Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu. Guwahati High Court, which was
earlier known as Assam High Court, has the jurisdiction over Assam, Manipur, Meghalaya, Nagaland, Tripura,
Mizoram and Arunachal Pradesh. Punjab and Haryana High Court has the jurisdiction over Punjab, Haryana and
Chandigarh.

Among the Union Territories, Delhi alone has had a High Court of its own. The other six Union Territories come under
jurisdiction of different state High Courts. The Chief Justice of a High Court is appointed by the President in
consultation with the Chief Justice of India and the Governor of the state. Each High Court has powers of
superintendence over all courts within its jurisdiction. High Court judges retire at the age of 62.
The jurisdiction as well as the laws administered by a High Court can be altered both by the Union and State
Legislatures. Certain High Courts, like those at Bombay, Calcutta and Madras, have original and appellate
jurisdictions. Under the original jurisdiction suits, where the subject matter is valued at Rs.25,000 or more, can be filed

directly in the High Court. Most High Courts have only appellate jurisdiction. 

Lok Adalats are voluntary agencies for resolution of disputes through conciliatory method.

recognised political party has been classified as a National Party or a State Party. If a political party is recognised in
four or more states, it is considered as a National Party. The Congress, Bharatiya Janata Party, Janata Dal,
Communist Party of India and Communist Party of India (Marxist) are the prominent National Parties in the Country.
Telugu Desam in Andhra Pradesh, Asom Gana Parishad in Assam, Jharkhand Mukti Morcha in Bihar, Maharashtrwad
Gomantak Party in Goa, National Conference in Jammu and Kashmir, Muslim League in Kerala, Shiv Sena in
Maharashtra, Akali Dal in Punjab, All-India Anna Dravida Munnetra Kazhagam and Dravida Munnetra Kazhagam in
Tamil Nadu, Bahujan Samaj Party and Samajwadi Party in Uttar Pradesh and All-India Forward Block in West Bengal
are the prominent state parties.
Eleven Lok Sabhas have been constituted so far. Except for the short-lived Sixth and Ninth Lok Sabha, the Congress
Party ruled the country. The Sixth Lok Sabha functioned for about two years and four months and the Ninth Lok Sabha
functioned for one year and two months.
Even in the states, the regional parties or the non-congress parties have gained in importance over the years. The
ruling parties in the states are listed below.

The President of India is the Head of the State and the Commander-in-Chief of the Armed Forces.The President is
elected by members of an Electoral College consisting of elected members of both Houses of Parliament and
Legislative Assemblies of the states, with suitable weightage given to each vote. His term of office is five years.
Among other powers, the President can proclaim an emergency in the country if he is satisfied that the security of the
country or of any part of its territory is threatened whether by war or external agression or armed rebellion. When there
is a failure of the constitutional machinery in a state, he can assume to himself all or any of the functions of the
government of that state.

The Council of Ministers comprises Cabinet Ministers, Minister of States (independent charge or otherwise) and
Deputy Ministers. Prime Minister communicates all decisions of the Council of Ministers relating to administration of
affairs of the Union and proposals for legislation to the President. Generally, each department has an officer
designated as secretary to the Government of India to advise Ministers on policy matters and general administration.
The Cabinet Secretariat has an important coordinating role in decision making at highest level and operates under
direction of Prime Minister.
The Legislative Arm of the Union, called Parliament, consists of the President, Rajya Sabha and Lok Sabha. All
legislation requires consent of both houses of parliament. However, in case of money bills, the will of the Lok Sabha
always prevails.

India, a combination of states, consists of a Sovereign, Secular, Democratic Republic with a Parliamentary form of
government. As per the system, the President is made a constitutional head of Executive of the Union. In every state,
the Governor, the representative of the President is kept as the head of the Executive. The functioning of government
in states is very much similar to the system of Union. India comprises of 28 states and 7 Union territories. The
functioning of Union Territories is carried out by the President through the Administrator appointed by him. India being
a country of diverse culture and languages, each state has its own different demography, history, dress, festivals and
so on.

The constitution of India clearly defines the structure of the state government. As per article 153 of the constitution, the
executive power of states rests with the governor. According to the constitution, there would be a council of ministers
headed by Chief Minister to aid and advice the governor to dispense his executive functions. Just as the parliament
there are state assemblies in the states. The assembly consists of either one house or two house. The members of the
lower house of the assembly are elected on the basis of the adult suffrage every five years.

The names of various states and Union Territories in India include :

India, a union of states, is a Sovereign Socialist Secular Democratic Republic with a Parliamentary system of
Government. The Republic is governed in terms of the Constitution, which was adopted by Constituent Assembly on
26 November 1949 and came into force on 26 November 1950.

Sovereignty is shared between the central government and the states, but the national government is given greater
powers. The President is the constitutional head of Executive of the Union. Real executive power vests in a Council of
Ministers with the Prime Minister as head. Article 74(1) of the Constitution provides that there shall be a Council of
Ministers headed by the Prime Minister to aid and advise the President who shall, in exercise of his functions, act in
accordance with such advice. The Council of Ministers is collectively responsible to the Lok Sabha, the House of the
People.

The State government resembles the federal system. In the states, the Governor is the head of Executive, but real
executive power vests with the Chief Minister who heads the Council of Ministers. The Council of Ministers of a state is
collectively responsible to the elected legislative assembly of the state.

The governor of each state is appointed by the President. The central government exerts greater control over the
union territories than over the states, although some territories have gained more power to administer their own affairs.
g 
g

:

The Preamble to our Constitution serves two purposes: -

A) It indicates the source from which the Constitution derives its authority;
B) It also states the objects, which the Constitution seeks to establish and promote.

The Preamble seeks to establish what 


 described as The India of my Dreams, "«an India in
which the poorest shall feel that it is their country in whose making they have an effective voice; «an India in which
all communities shall leave I perfect harmony. There can be no room in such an India for the curse of
untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man."


 

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The Constitution of India clearly defines the responsibilities of Indian citizen, their Fundamental Rights and Duties. Part
II of the Indian Constitution covers the clauses on Citizenship. Fundamental Rights are covered in Part III of the
Constitution, while the Fundamental Duties are written in Article 51A. The Constitution, in a way, make the citizens
aware of their core rights and responsibilities through the articles dealing with the fundamental Rights and Duties.

Article 5 to Article 11 of the Constitution include the following:

Article 5: This Article is about Indian Citizenship at the commencement of the Constitution
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan are mentioned in this
Article
Article 7: This Article deals with Rights of citizenship of certain migrants to Pakistan
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India are dealt with in this Article
Article 9: This Article specifies that Persons voluntarily acquiring citizenship of a foreign state are not to be citizens of
the country
Artilce 10: The Continuance of the rights of citizenship is mentioned in this Article
Article 11: This Article authorizes Parliament to regulate the right of citizenship by law


 Ô
  

  !


Article 12 to 35 of the Indian Constitution covers the Fundamental Rights of the citizen of the country. All these
Fundamental Rights indicate that all the citizens are equally treated by the nation irrespective of caste, sex and creed.
The basic Fundamental Rights enumerated in Part III of the Indian Constitution are categorized under 7 sections apart
from the general segment. The sections are as follows:



 Ô

"

Article 12: The Definition of Fundamental Rights is given in this Article

Article 13:The Article comprises Laws of inconsistent with or in derogation of the Fundamental Rights

Ô
  #$"

Article 14: The provisions regarding Equality before Law are included in this Article
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth is specified in this
Article
Article 16: This Article consists of Rights of Equality of opportunity in matters of public employment
Article 17: Abolition of untouchability is mentioned in this particular Article
Article 18: This Article provides details about Abolition of titles

Ô
  

"

Article 19: Protection of certain rights regarding freedom of speech, etc. are clearly specified in the Article
Article 20: This Article states the Protection in respect of conviction for offenses
Article 21: Protection of life and personal liberty is mentioned in the Article
Article 22: This Article deals with Protection against arrest and detention in certain cases

Ô
 
% "

Article 23: The details of Prohibition of traffic in human beings and forced labor are presented in this Article
Article 24: The Article contains Prohibition of employment of children in factories, etc.
Ô
  

  Ô
"

Article 25: Particulars of Freedom of conscience and free profession, practice and propagation of religion are clearly
enumerated in this Article
Article 26: The Article specifies the Freedom to manage religious affairs
Article 27: Freedom as to payment of taxes for promotion of any particular religion is stated in the Article
Article 28: This Article includes Freedom as to attendance at religious instruction or religious worship in certain
education institutions

   # 

"

Article 29: Protection of interests of minorities is specified in detailed form in this Article
Article 30: Right of minorities to establish and administer educational institutions is scripted in this very
Article
Article 31: The Article dealing with Compulsory acquisition of property has been repealed through the Constitution Act,
1978 under 44th Amendment

  
 &"

Article 31A: This Article contains Savings of laws providing for acquisition of estates, etc.
Article 31B: Validation of certain Acts and Regulations are mentioned in the Article
Article 31C: This Article deals with Saving of laws giving effect to certain directive principles
Article 31D: The Article dealing with Saving of laws in respect of anti-national activities has been repealed by
Constitution Act, 1977 and was recorded in the 43rd Amendment

Ô
   Ô


"

Article 32: Remedies for enforcement of rights conferred by this part have been included in the Article
Article 32A: Repealed
Article 33: This particular Article addresses the Power of Parliament to modify the rights conferred by this Part in their
application to forces, etc.
Article 34: Restriction on rights conferred by this Part while martial law is in force in any area is mentioned in the Article
Article 35: This Article indicates the Legislation to give effect to the provisions of this Part Fundamental Duties
The Fundamental Duties scripted in the Constitution of India are different from the Fundamental rights. This is because
Fundamental Rights are considered as the basic rights to be enjoyed by the citizens of the nation while the Duties are
conferred upon people to be followed by them accordingly. The Fundamental Duties of the citizens of India mentioned
in Article 51A of the Indian Constitution are as follows:

To respect and incorporate the ideals which were the very base of our national struggle for freedom
To follow the Constitution and respect its institutions, the National Flag and the National Anthem
To spread the message of peace and brotherhood amongst all the Indian citizens irrespective of linguistic, religious
and regional or sectional diversities
To discontinue practices pertaining to the impairment of the dignity of women
To protect and promote the sovereignty, unity and integrity of India
To protect public property and to avoid violence
To respect and preserve the rich heritage of Indian culture
To contribute towards making improvements in all spheres of individual and collective functions to take the nation to
new heights of achievement
To develop the spirit of inquiry and reform, a scientific temper and sense of humanism
To provide defense and national service when called upon to the country during hours of crisis
To preserve the natural environment of India like the forests, lakes, rivers and wild life and to have a compassionate
outlook towards the living creatures

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