CONSTITUTION OF INDIA An overview Download PDF

CONSTITUTION OF INDIA

Indian constitution is the worlds longest constitution.

It imparts constitutional supremacy and created by constitutional assembly.

On 26 Nov, 1947 - constitution has been adapted and on 26 Jan,1950- constitution came into effect.

26th Jan was choosen, as it was the commemorate of the "PURNA SWARAJ" ( declaration of independence of India by Indian National Congress on 26 Jan,1930)

Constitution declares India as a Sovereign( Full right & power of a governing body to govern itself) , Socialist, secular( separate from religion), Democratic( All people are involved in decision making about affairs by electing right individuals), Republic( Power to elected individuals.

At the time of commencement, the constitution had 395 articles in 22 parts and 8 schedules. It consists of almost 80,000 words. The Constitution, in its current form (September 2012), consists of a preamble, 25 Parts containing 448 articles, 12 schedules, 5 appendices and 100 amendments, the latest of which came into force on 1 August 2015.

25 PARTS

The individual Articles of the Constitution are grouped together into the following Parts:

Preamble with the words "socialist" and "secular" added to it in 1976 by the 42nd constitutional amendment.

Part I – Union and its Territory

Part II – Citizenship.

Part III – Fundamental Rights

Part IV – Directive Principles of State Policy

Part IVA – Fundamental Duties

Part V – The Union

Part VI – The States

Part VII – States in the B part of the First schedule (repealed)

Part VIII– The Union Territories

Part IX– The Panchayats

Part IXA – The Municipalities

Part IXB – The Co-operative Societies.

Part X – The scheduled and Tribal Areas

Part XI – Relations between the Union and the States

Part XII – Finance, Property, Contracts and Suits

Part XIII – Trade and Commerce within the territory of India

Part XIV – Services Under the Union, the States

Part XIVA – Tribunals

Part XV – Elections

Part XVI – Special Provisions Relating to certain Classes

Part XVII – Languages

Part XVIII – Emergency Provisions

Part XIX – Miscellaneous

Part XX – Amendment of the Constitution

Part XXI – Temporary, Transitional and Special Provisions

Part XXII – Short title, date of commencement, Authoritative text in Hindi and Repeals.

12 SCHEDULES

Schedules are lists in the Constitution that categorise and tabulate bureaucratic activity and policy of the Government.

First Schedule (Articles 1 and 4) - This lists the states and territories of India, lists any changes to their borders and the laws used to make that change.

Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)- – This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India.

Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)—Forms of Oaths – This lists the oaths of offices for elected officials and judges.

Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.

Fifth Schedule (Article 244(1)) – This provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).

Sixth Schedule (Articles 244(2) and 275(1))— Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Seventh Schedule (Article 246) —The union (central government), state, and concurrent lists of responsibilities.

Eighth Schedule (Articles 344(1) and 351)—The official languages.

Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations.

Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection" provisions for Members of Parliament and Members of the State Legislatures.

Eleventh Schedule (Article 243-G) —Panchayat Raj (rural local government),

Twelfth Schedule (Article 243-W) — Municipalities (urban local government).

25 APPENDICES

Appendix I—The Constitution (Application to Jammu and Kashmir) Order, 1954.

Appendix II— Re-statement, with reference to the present text of the Constitution, of the exceptions and modifications subject to which the Constitution applies to the State of Jammu and Kashmir.