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CONSTITUTION OF INDIA



Constitution of India

India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950.

The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest   written roughly constitution of any sovereign country in the world, containing. The Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. The date 26 January was chosen to commemorate the historic Purna Swaraj declaration of independence of 1930.

The Constitution provides for a Parliamentary form of government which is federal in structure. The constitutional head of the Executive of the Union is the President. The Constitution distributes legislative powers between Parliament and State legislatures as per the lists of entries in the Seventh Schedule to the Constitution. The residuary powers vest in the Parliament. The centrally administered territories are called Union Territories.

 

 

 

 

 

 

Preamble

It is preface of the Constitution of India which declares that:

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:

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 2[unity and integrity

       of the Nation];

IN OUR CONSTITUENT ASSEMBLY

this twentysixth day of November, 1949, do

HEREBY ADOPT, ENACT AND GIVE TO

OURSELVES THIS CONSTITUTION.

 

1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 2, for “SOVEREIGN

DEMOCRATIC REPUBLIC” (w.e.f. 3-1-1977).

2Subs. by s. 2, ibid., for “unity of the Nation” (w.e.f. 3-1-1977).


Parts

The individual Articles of the Constitution are grouped together into many parts as under:

  • Preamble
  • 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 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
 

 

 

Schedules

There are 12 schedules in the Constitution of India.

  • 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, 65, 75, 97, 125, 148, 158, 164, 186 and 221)  – This lists the salaries of officials holding public office, judges, and Comptroller and Auditor-General of India.
  • Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219)—Forms of Oaths – This lists the oaths of offices for elected officials and judges.
  • Fourth Schedule (Articles 4 and 80) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) as per State or Union Territory.
  • Fifth Schedule (Article 244) – 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 and 275)— Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
  • Seventh Schedule (Article 246)—It includes the Union (central government), State and Concurrent lists of subjects.
  • Eighth Schedule (Articles 344 and 351)—The 22 official languages is incorporated in the Eight Schedule.
  • Ninth Schedule (Article 31-B) – Articles mentioned here are immune from judicial review.
  • Tenth Schedule (Articles 102 and 191)—"Anti-defection" provisions for Members of Parliament and Members of the State Legislatures.
  • Eleventh Schedule (Article 243-G)—It includes Panchayat Raj (rural local government).
  • Twelfth Schedule (Article 243-W)—It includes Municipalities (urban local government).

 



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