Constitution is main law of a country which reflects the basic principles on which the government of that country works. It lays down the main framework and Principal functions of various bodies of Government. It also defines the procedure by which various organs of the government interact with each other. It also defines the rules by which government interacts with the common citizens. The Indian 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 constitutional head of the Country is President.
Foreign Sources / Borrowed Features of Indian Constitution :
| Sr. | Name of Country | Set of Rules |
| 1 | Britain (U.K) | » Nominal Head – President » Cabinet System of Ministers » Post of PM » Parliamentary Type of Govt. » Bicameral Parliament » Lower House more powerful » Council of Ministers responsible to Lowe House » Speaker in Lok Sabha |
| 2 | U.S.A | » Written Constitution » Executive head of state known as President and his being the Supreme Commander of the Armed Forces » Vice- President as the ex-officio Chairman of Rajya Sabha » Fundamental Rights » Supreme Court » Provision of States » Independence of Judiciary and judicial review » Preamble » Removal of Supreme court and High court Judges |
| 3 | Russia | » Fundamental Duties » Five year Plan |
| 4 | Australia | » Concurrent list » Language of the Preamble » Five year Plan |
| 5 | Japan | » Law on which the Supreme Court function |
| 6 | Germany | » Suspension of Fundamental Rights during the emergency |
| 7 | Canada | » Scheme of federation with a strong centre » Distribution of powers between centre and the states and placing. Residuary Powers with the centre |
| 8 | Ireland | » Concept of Directive Principles of States Policy » Method of election of President » Nomination of members in the Rajya Sabha by the President |
| 9 | South Africa | » Amandment Procedure » Indirect election of Rajya Sabha Member |
Preamble to the Constitution
The Indian Constitution starts with the preamble which outlines the main objectives of the Constitution. It reads:
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure 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 unity and integrity of the nation.
IN OUR CONSTITUENT ASSEMBLY, this twenty sixth day of November, 1949, do HEREBY ADOPT, “ENACT AND GIVE TO OURSELVES HIS CONSTITUTION “.
Idea of preamble borrowed from Constitution of US.
The words SOCIALIST, SECULAR and UNITY & INTEGRITY were added by the 42nd Amendment in 1976.
Preamble is not justifiable.
Schedules in Constitution of India :
| 1st Schedule | » List of States & Union Territories |
| 2nd Schedule | » Salary of President, Governors, Chief Judges, Judges of High Court and Supreme court, Comptroller and Auditor General |
| 3rd Schedule | » Forms of Oaths and affirmations |
| 4th Schedule | » Allocate seats for each state of India in Rajya Sabha |
| 5th Schedule | » Administration and control of scheduled areas and tribes |
| 6th Schedule | » Provisions for administration of Tribal Area in Asom, Meghalaya, Tripura, Mizoram & Arunachal Pradesh |
| 7th Schedule | » Gives allocation of powers and functions between Union & States :Union List (For central Govt) 97 Subjects.States List (Powers of State Govt) 66 subjects.Concurrent List (Both Union & States) 47 subjects. |
| 8th Schedule | » List of 22 languages of India recognized by Constitution : 1. Assamese 2. Bengali 3. Gujarati 4. Hindi 5. Kannada 6. Kashmiri 7. Manipuri 8. Malayalam 9. Konkani 10. Marathi 11. Nepali 12. Oriya 13. Punjabi 14. Sanskrit 15. Sindhi 16. Tamil 17. Telugu 18. Urdu 19. Santhali 20. Bodo 21. Maithili 22. Dogri » Sindhi was added in 1967 by 21 Amendment. » Konkani, Manipuri ad Nepali were added in 1992 by 71 amendment Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment. |
| 9th Schedule | » Added by Ist amendment in 1951. Contains acts & orders related to land tenure, land tax, railways, industries. {Right of property not a fundamental right now} |
| 10th Schedule | » Added by 52nd amendment in 1985. Contains provisions of disqualification of grounds of defection |
| 11th Schedule | » By 73rd amendment in 1992. Contains provisions of Panchayati Raj. |
| 12th Schedule | » By 74thamendment in 1992. Contains provisions of Municipal Corporation. |
Fundamental Rights in Constitution
| Right to Equality | Article 14 : Equality before law and equal protection of law Article 15 : Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth. Article 16 : Equality of opportunity in matters of public employment Article 17 : End of untouchability Article 18 : Abolition of titles, Military and academic distinctions are, however, exempted |
| Right to Freedom | Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms: Freedom of Speech and ExpressionFreedom of AssemblyFreedom of form AssociationsFreedom of MovementFreedom of Residence and SettlementFreedom of Profession, Occupation, Trade and BussinessArticle 20 : Protection in respect of conviction for offences Article 21 : Protection of life and personal liberty Article 22 : Protection against arrest and detention in certain cases |
| Right Against Exploitation | Article 23 :- Traffic in human beings prohibited Article 24 :- No child below the age of 14 can be employed |
| Right to freedom of Religion | Article 25 :- Freedom of conscience and free profession, practice and propagation of religion Article 26 :- Freedom to manage religious affairs Article 27 :- Prohibits taxes on religious grounds Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions |
| Cultural and Educational Rights | Article 29 :- Protection of interests of minorities Article 30 :- Right of minorities to establish and administer educational institutions Article 31 :- Omitted by the 44th Amendment Act |
| Right to Constitutional Remedies | Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar) Forms of Writ check Habeas Corpus :- Equality before law and equal protection of law |
Constituents of Indian Parliament
The name of Indian Parliament is Sansad or Bhartiya Sansad.
Indian Parliament is Bicameral and consists of Two Houses Rajya Sabha and Lok Sabha.
President of India is also considered as a part of Indian Parliament along with Lok Sabha and Rajya
Sabha.
The total strength of Parliament members including Lok Sabha and Rajya Sabha is 795 (250 + 545)The Parliament building was designed by Edwin Lutyens and Herbert Baker and was inaugurated
by Lord Irvin, the then Governor General of India in 1927.
First Constituent of Indian Parliament : President
The President of India is the prime constituent of Indian Parliament. President of India is the Head of State as per constitution and is also the Supreme Commander of Indian Armed Forces. The constitution of India confers all executive powers of government in him. He exercises the powers directly or through officers subordinate to him.
Second Constituent of Indian Parliament : Rajya Sabha
Rajya Sabha is called as Upper House or Council of States.
Vice President of India is the De-facto Chair man of Rajya Sabha.
The term of Rajya Sabha is Six Years and the members are elected indirectly by Members of State
legislative.
The minimum age criteria for Rajya Sabha member is 30 years.
Rajya Sabha is Permanent body and it can not be dissolved like Lok Sabha.
One third of the members of Rajya Sabha get retired every second year and new members are
elected.
Rajya Sabha has 250 seats out of which 238 belongs to Indian States and Union Territories.
President of India has the power to nominate 12 members on his own discretion. These members
should be eminent persons having vast experience in the fields of Literature, Arts, Science and
Social Service.
Third Constituent of Indian Parliament : Lok Sabha
Lok Sabha is called Lower House or House of People.
Lok Sabha has a term of Five years.
Lok Sabha has 545 members out of which 543 are elected directly by citizens in General Elections.
Remaining two are nominated by President of India on his own discretion.
A maximum of 530 members belongs to Indian States while maximum of 20 members should come
from Union Territories.
A total of 131 seats are reserved for the persons belonging to SC/ST. Out of 131, 84 seats are
reserved for SC and 47 seats are reserved for ST members.
