THE CONSTITUTION OF INDIA

 “Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age.”  – Dr. B.R. Ambedkar

WHAT IS CONSTITUTION

Proudly being the bulkiest Constitution in the whole world, “Indian Constitution” is the Supreme Law of India. A constitution is a document having special legal sanctity that lays down the legal framework of the country, along with the principal function of organs of the government. Further, it also sets out the principal guidelines for operation of those organs of the government. 

Being a perfect combination of Rigidity and Flexibility, the Indian Constitution is also the most frequently amended Constitution in the world that consists of the following:

• A Preamble,
• 448 Articles (further grouped in 25 parts),
• 12 Schedules,
• 5 Appendices.

Framed by the Constituent Assembly of India, under the Chairmanship of Dr. Rajendra Prasad, the Indian Constitution was adopted on 26th November 1949. Further being effective from 26th January 1950, the Constitution of India replaced the Government of India Act 1935. 

The Constitution initially framed the:

• Rights
• Duties
• Government and Legal Procedures
• Practices
• Powers
• Directive Principles, for the government and citizens of India

WHAT IS CONSTITUTIONAL LAW

The body of law that lays down the powers, role, and structure of various entities within a State, as well as the basic fundamental rights of the citizens. These entities of a State are Legislature, Executive and Judiciary. Constitution Law is based on the Indian Constitution and it largely relies on rules and guidelines of the same. 

“The freedom enjoyed in Western society under the rule of law and constitutional government explains both the quality of its civilization and its wealth.”  –Paul Johnson

HISTORICAL BACKGROUND OF THE CONSTITUTION OF INDIA

1600 to 1765 : The British Influence

In 1599, some prominent London merchants petitioned the Queen to get incorporated into a Company for carrying on trade with Indies. After a year, on 31st December 1600, the East India Company finally came into existence after procuring a Royal Charter from the Queen. The company got incorporated under the name of ‘the Governor and Company of Merchants trading into the East Indies.

The Company thus formed was granted an exclusive right to trade between the Cape of Good Hope and the straits of Magellan, for a period of 15 years. The Royal Charter further empowered the Company to make bye-laws and issue orders as well as ordinances for the good governance of the Company. 

The Company was incorporated by the merchants with the head objective of Spices of the Indies. During this period, Bombay, Madras, and Calcutta became the Chief settlement presidencies of the Company. 

Charter of 1726 (Mayor's Court)

Initially, the Mayor’s Court was established in 1683 while the Charter of 1726 established a Mayor’s Court that drew their powers directly from the Crown. It also provided for establishment of a corporation in each Presidency town. The Charter of 1762 is considered a glowing landmark in the history of legal system since it introduced English Laws in India. 

1765 to 1858 : Beginning Of The British Rule

The grant of Diwani made the Company become true masters (i.e. Diwan) of the provinces of Bengal, Bihar, and Orissa. This meant that the Company could collect revenue from these three provinces and also be responsible for Civil Justice there.

After the death of Mir Jaffar in 1765, his son entered into a treaty with the company, thus transferring Nizamat functions to the company. 

The Regulating Act, 1773

The British government passed the Regulating Act in 1773 as an attempt to regulate the affairs of the East India Company. 

Constitution of the Company in England was modified to further improve its administration in India.

The Act ensured Parliamentary Control over the Court of Directors.Governor of Bengal was made the first Governor-General of Bengal (Warren Hastings).Brought the Governors of Bombay and Madras under the control of the Governor-General of Bengal.

Governor-General was given the right to make rules and regulations for further improvement of administration over the three presidencies under the Company.A better relationship was established between the three Presidencies of Bengal, Madras, and Bombay. 

A Supreme Court was set up in Calcutta under the Charter of 1744. The Supreme Court further prohibited Company Officials from engaging in Private trade or to accept bribes from natives.

The Act Of Settlement, 1781

The Act of Settlement, 1781 came into force to remove the defects of the Regulating Act of 1773 and improve it. The Act of Settlement, 1781 made the following changes:

• It exempted the Company Officials from implications of jurisdiction of the Supreme Court over any act done in an official capacity.
• Refined and modified Supreme Court’s Jurisdiction over Natives and the Company Officials.
• Guidelines were given as to which laws are to be applied by the Supreme Court.
• Empowered the Governor-General to set regulations for Provincial Courts and Councils.

The Pitt's India Act, 1784

British Government claimed ownership over the territories owned by the Company in India by calling those territories “The British Possessions in India.”

Commercial and Political functions of the Company were distinguished by appointing separate Committees for the same.

British Government placed direct control over Indian affairs.Councils of Governor were established in Bombay and Madras.

The Charter Act of 1833

• Governor-General of Bengal was made the Governor-General of India;
• Crucial step towards Centralization in British India;
• East India Company was turned into an Administrative body.

The Charter Act of 1853

This Charter Act carried on the task of separating the Legislative and Executive functions of the Council of the Governor-General.A separate Legislative Council was created for India.

Recruitment of all Civil Servants of the Company was based on an open competition system. Finally, Indian Territories were transferred to the British Crown, thus the East India Company’s career came to an end.

1858 to 1919: End of Company’s Rule

The Government of India Act, 1858

After the Revolt of 1857, the East India Company ended and rule of the Company was replaced by the rule of British Crown.
The British Queen issued a Royal Proclamation transferring the Government of India to the British Crown.Powers of the Crown were vested in the Secretary of State of India.

Secretary of State was to be assisted by the ‘Council of India,’ consisting of 15 members.Secretary of State was vested with complete authority to regulate the Indian Administration through Viceroy and his agents.

Lord Canning was made the first Viceroy of India.Court of Directors and Board of Control were abolished.

The Indian Council Act of 1861

• The Act provided the basic framework for Government in India;
• Legislative Councils established in the provinces and the Centre;
• Legislative powers to Bombay and Madras provinces restored;
• Introduced Indirect Elections with partial representation of people;
• Redefined and further enlarged the functions of Legislative Councils;
• Powers to discuss the Budget and to make the Executive accountable were also vested in the Legislative Council.

The Indian Councils Act of 1909: Morley Minto Reforms

The Indian Councils Act was introduced and implemented by Morley (Secretary of State) and Minto (Viceroy of the State) in 1909.It included the following reforms:

• Central Legislative Council was renamed as the ‘Imperial Legislative Council’;
• Number of members of the Central Legislative Council were increased from 16 to 60;
• Direct elections were introduced to the Legislative Council;
• A Separate Communal Electorate was established for representing Muslims;
• India was included as a member in Viceroy’s Executive Council.

1919 to 1947: Introduction to Self-Government

The Government of India Act, 1919: Montagu-Chelmsford Report

The Morley Minto Reforms failed because of lack of support towards Parliamentary form of Government which led to a need for new reforms. As a result, The Government of India Act was passed in 1919. This Act allowed for greater role and association of Indians in Administrative matters.

Some of the main features of the Act were:

• Dyarchy system was introduced in the provinces where the provincial subjects were bifurcated into ‘Reserved’ and ‘Transferred.’
• Governor was not responsible to the Legislative Council over the Reserved subjects.
• Bicameral Legislature was introduced at the Centre.
• A Public Service Commission was established in India.
• A necessary condition was also introduced, requiring 3 of the 6 members of the Viceroy’s Executive Council to be Indians.
• Extended voting rights allowing 10% of the population their right to vote.

Simon Commission, 1927

The British Government appointed the Simon Commission in 1927 under Stanley Baldwin to provide a report on the working of the Constitution of India, established by the government of India Act, 1919. Further, in 1928, a group of 7 MPs were sent to India, from Britain to study the Constitution and also suggest reforms or make recommendations to the government. The Commission composed purely of British people.

Boycott of the Simon Commission

Indians got heated due to exclusion from the Commission, thus the Congress Party decided to boycott the Simon Commission at their session in Madras. Soon, the Muslim League also boycotted the Simon Commission. Opposition to the Commission led to mass black flag demonstrations, hartals, and major protests in the country. Chants of “Simon go back” could be heard all across the nation. As a result, police had to resort to violent lathi charge over the protestors. 

The Commission Report and its Impact: 

• The Simon Commission’s Report was published in 1930.
• The Government ensured the people of India that their opinion would be rightfully considered.
• Dyarchy system’s abolition was suggested, along with setting-up of Representative Governments in provinces.
• The Committee recommended not to continue the Separate Communal electorate.
• Led to the Government of India Act, 1935 which further went on to be the basis of our current Constitution. 

The Government of India Act, 1935

It was the bulkiest and the last Constitutional Reform introduced by the British in India and the princely states.Legislative power was bifurcated between Central and Provincial Legislature.Legislative power was further distributed among the Centre and States through Federal list, State list, and Concurrent list.

The Act provided for the establishment of the All India Federation consisting of both the British India provinces and Princely States (or, any other States that desired to be a part of the Federation).It further proposed combining of British India Provinces and Indian States as a single unit.

A Bicameral legislature was introduced.The Federal Court was established.Indian Council was abolished.Accession of states to the Federal was initiated and each ruler of such state had to sign an ‘Instrument of Accession’ at the time of joining.The Act continued till the Indian Constitution came into force.

Federal Court

• Federal Court of India was established under the Government of India Act, 1935;
• Original, advisory and appellate jurisdiction was awarded to the Federal Court;
• It comprised of one Chief Justice and 6 other judges;
• Judges were appointed by the Crown;

Cripps Mission, 1942

In 1942, a mission was sent to India with Constitutional proposals. Such mission was headed by Stafford Cripps.

Proposals made by the Cripps Mission:

• An elected body should be set up in India to frame the Indian Constitution.
• Provisions should be made to encourage the involvement of Indian states in the Constitution-making body.
• Elected people from the provincial legislatures and those nominated by the Indian Princess should be included in the Constitution drafting body.

The British government shall accept the new constitution only if: 

• any province unwilling to join the Union can have a separate Constitution, forming a separate union, and 
• the new constitution-making body and the British government would negotiate a treaty to safeguard religious and racial minorities and to give effect to the transfer of power.

Thus, the Cripps Mission was mainly sent to India seeking the support of India in the Second World War. However, Indians were highly dissatisfied with the proposals of the Mission and hence, rejected them.

The Cabinet Mission, 1946

The Cabinet Mission was introduced in India on 4th March, 1946.The mission was introduced with an attempt to reach an agreement with Indian leaders for framing of the Indian Constitution, to establish an Executive Council, and to formulate the Constituent Assembly of India.

The mission proposed the inclusion of British India and the States in Union of India.It also suggested the setting up of an interim government with the support of major political parties.

The Indian Independence Act, 1947

The Act provided for the creation of Indian and Pakistan as two independent dominions. It also provided for the partition of Punjab and Bengal. The Boundary Commission was to decide the boundaries between the two dominion states. 

The Princely States received an independent choice to join either India or Pakistan, or remain independent.The Constituent Assemblies of both countries were given the powers to frame a Constitution for their respective country.

The British government would cease to have any control over the Dominions or Provinces, after the 15th of August, 1947.

1947 to 1950: Framing of the new Constitution

The Constituent Assembly came into force in 1946. Members of the Constituent Assembly included Jawaharlal Nehru, Dr. Rajendra Prasad, Sardar Patel, Maulana Azad and many more supreme leaders of the country. On 9th December, 1946, the first meeting of the Constituent Assembly took place. Dr. Rajendra Prasad was later appointed as the chairman of the Constituent Assembly. A Drafting Committee was also established under the chairmanship of Dr. B.R. Ambedkar.

THE SOURCES OF THE INDIAN CONSTITUTION

Government Of India Act

The office of governor, federal scheme of government, Public Service Commissions, the system of judiciary and the provisions of emergency are borrowed by our Constitution. In the Federal legislature, this act proposed that the legislature will have two houses- “the council of states and a federal assembly”. Our structure is Quasi-federal which means Federal with unitary proclivity. The upper house is the council of states for a period of three years and comprises two hundred and sixty members.

The lower house is the federal assembly with a period of five years comprising two hundred and fifty members. The Act authorised the Provincial governments to be responsible only to the provincial legislatures and helped them to get free from any external control and intrusion. The provincial autonomy provided three lists- the federal list with fifty nine items for the Centre, the Provincial list with fifty four items for provinces and the Concurrent list with thirty six items for both centre and the provinces. 

BRITISH CONSTITUTION

Our constitution borrowed the rule of law, Bicameralism, Single citizenship, Cabinet system and the Parliamentary System. The system of writs which are Articles 226 and 32 have also been taken from British Constitution. The Supreme Court and the High Courts in our country have the power to issue writs to make the Right to Constitutional Remedies available to the citizens of India. Some more features like the Law-making techniques, Institution of the Speaker and his part and the parliamentary arrangement of Government and leader of the state are great import from Britain.

The parliamentary form of government is basically where a country is governed by a cabinet of ministers which is governed by the Prime Minister.  This form of government basically ensures that one or more opposition parties are there to keep a check on the ruling party and its functioning. “Rule of law” states that a state cannot be governed by the people or the representatives of people but only by the law of that country. The rule of law is codified under Article 14 of the Indian Constitution. The idea of single citizenship basically implies that a person who is born or migrated to India may enjoy political or civil rights of India but not of any other country. Hence, India does not allow dual citizenship.  

US CONSTITUTION

An important part of our constitution which is Part III, fundamental rights have been taken from the US Constitution. These rights are the “basic human rights” which are given to the citizens of India (Articles 12 to 32). These rights assure them that they have an equal stance in the society.  Apart from the fundamental rights, the Position of the Vice President, the System of Judicial Review, Removal of judges of Supreme Court and High Court and the Impeachment of the President is also taken. Article 124 mentions the removal of judges of the Supreme Court and the High Court.

Judicial Review is an important part of our constitution. It gives the judiciary an upper stake in interpreting the Constitution. Thus, the Judiciary can annul any order passed by the legislature or the executive if the order is in conflict with the Constitution of the country.

The Basic Structure Doctrine asserts the power of the parliament that it can amend up to a limit which means some features of our constitution cannot be amended. In 1975, the then Prime Minister of the country, Indira Gandhi violated the Doctrine with imposing emergency in the country to prevent her prosecution by the 39th amendment. After that, a review judgement was made by calling a bench of thirteen judges. This judgement struck down the 39th and 41st amendment. 

IRISH CONSTITUTION

Part IV, Directive Principles of State Policy (DPSP), the method of election of President, candidature to Rajya Sabha and the mandate standards of state strategy have been adopted from the constitution of Ireland. 

CANADIAN CONSTITUTION

An interesting point here is that the same British parliament which passed the Government of India Act, 1935 also made the constitutional laws for Canada. So, borrowing laws from Canada means taking the same laws from Britain. The provisions regarding the Federation, the appointment of governors by the centre, advisory jurisdiction of the Supreme Court under Article 143, necessary obligations under article 51-A and the residuary powers with the centre under Article 248 have been sourced from Canada.

AUSTRALIAN CONSTITUTION

Indian Constitution has not taken much from Australia but “freedom of trade and commerce”, the Concurrent list and joint sitting of the two houses of Parliament has been sourced. The provisions of freedom of trade and commerce are put down  in the Articles 301-307 of the Indian Constitution. Other features like the flexibility of exchange and business inside the country and between the states have also been borrowed. 

WEIMAR CONSTITUTION

It is the constitution of Germany and the suspension of fundamental rights during emergency has been borrowed from Germany. 

SOVIET CONSTITUTION

India has borrowed the principles like fundamental duties and the ideals of social, economic and political justice found in preamble. It is known for its socialism and since India is a welfare state it borrowed from Soviet constitution. 

FRENCH CONSTITUTION

The ideals of liberty, equality and fraternity which in preamble is taken from France. Apart from these Republic characters from the Constitution, balance and brotherhood and beliefs of freedom is also taken from the constitution of France. 

In January 1948, a draft of the Indian Constitution was published, to which, various amendments were proposed and further discussed. On 26th November, 1949, the Constitution of India was passed and adopted by the Constituent Assembly. Finally, after 2 years, 11 months, and 18 days, the Constitution of India came into force on 26th January, 1950. 

PREAMBLE

The preamble is also known as the spirit and backbone of the Indian Constitution. Not reading the preamble makes no sense in reading the Constitution. It is the preamble which gives a brief idea about why the constitution has been prepared. The preamble can be classified or broke into 3 parts:

1. According to the first part, the people of India solemnly resolved India into a “Sovereign, Socialist, Secular, Democratic, Republic”. Each and every word of the preamble is wisely chosen and arranged in such a way that by reading, the preamble makes a clear picture of India’s stand towards its citizen.
2. The second part says to secure the liberty, equality, justice and to promote unity and integrity among all.
3. The last part is declaratory, where the people of India in their constituent assembly adopt, enacted and gave themselves this constitution.

MEANING AND CONCEPT OF PREAMBLE

The preamble is the introduction to the statutes i.e. introduction to the constitution. A preamble means a declaration made by the legislature with the objective for the passing of the statute and is helpful in the interpretation of any of the statute.

The proper function of the preamble is to explain the meaning of some words and recite certain facts which are necessary to be explained. A preamble may be used for other reasons, such as, to limit the scope of certain expression or to explain facts or introduce definitions.

SCOPE OF PREAMBLE

The preamble plays a very important role in shaping the destiny of the country. The preamble gives a brief idea to the makers of the constitution so that the constituent assembly make plans and formulates the constitution.

The only question raised about the scope of the preamble is whether it is the part of the Indian Constitution or not? The answer to this question is dealt later in this article. But the main purpose of the preamble is to clarify the idea behind the constitution, i.e. what is the source, what are the ultimate goals and objectives behind it.

The preamble does not grant any power to anyone but it gives the structure on which the Indian Constitution stands like:

• The country should be “Sovereign, Socialist, Secular, Democratic, Republic”.
• The government should be elected by the people, for the people, and of the people.
• The real sovereign power should be vested on the people of India.
• The people should get Justice, Liberty and Equality.

Basically, all the provisions/Article of the constitution were made by keeping all these in mind, so that it does not violate public sovereignty.

HISTORY OF PREAMBLE

The main preamble was drafted by Shri. B.N. Rau and later proposed in the constituent assembly. The basic structure of the preamble only include ‘Sovereign, Democratic, Republic’ but later the word ‘Secular and Socialist’ were included by 42nd Amendment. The preamble was restricted only to defining the essential features of the constitution and country, due to this, the questions were raised on the preamble as to whether the preamble is a part of the constitution or not.

COMPONENTS OF PREAMBLE

The components of the preamble are:

• The preamble shows that the people of India are the source of authority. It means power lies with the citizens to elect their representatives and they also have the right to criticize their representatives. 
• It comprises the date of its adoption which is November 26th, 1949. 
• It states the objectives of the Constitution of India, which are justice, liberty, equality, and fraternity to maintain the integrity and unity of the nation as well as the citizens.
• It also justifies the nature of the Indian State, which is Sovereign, Socialist, Republic, Secular, and Democratic. 

OBJECTIVES OF INDIAN CONSTITUTION

The main objective of the Indian Constitution is to promote harmony throughout the nation. As we know, the Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity among the citizens to build a great nation. The factors which help in achieving this objective are:

• JUSTICE

The term ‘Justice’ comprises of three elements that complete the definition, which is social, economic, and political. Justice among the citizens is necessary to maintain order in society. Justice is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. 

Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc. Where people have equal social status by helping the less privileged people. The Constitution tries to eliminate all the exploitations which harm equality in the society.

Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. It means wealth must be distributed on the basis of their work, not with any other reason. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.

Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities. It means everyone has equal rights to access political offices and have equal participation in the processes of the government. 

• EQUALITY

The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. It means removing all types of discriminations from society to build a healthy environment for the people to live in. Everyone is equal before the law. 

• LIBERTY

The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. It means no unreasonable restrictions can be imposed on the citizens in terms of their thoughts, feelings, and views. But liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law. Anything which can create public disorder can not come under liberty. These limits are set by the Constitution to avoid injuries in the name of liberty.

• FRATERNITY

The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. It refers to a feeling which helps to believe everyone is the children of the same soil and are connected with each other. Brotherhood is above social norms or regulations, it is the relationship above caste, age, or gender. Fraternity helps to promote dignity and unity in the nation. 

The preamble of the Indian Constitution does not grant any power or superiority to anyone while it gives direction and purpose to the Constitution. It only gives the fundamentals of the Constitution. It promotes equality by providing equal opportunities to the people without any discrimination. It helps in protecting all the people and maintaining the economic, social, and political justice among the citizens. Also, the preamble helps in explaining the facts which are needed to be explained. 

DIFFERENT PARTS OF INDIAN CONSTITUTION

Originally the Constitution had 395 Articles, 8 Schedules and 22 Parts; currently it has 448 Articles, 12 Schedules and 25 Parts. The Constitution has been amended 101 times till date. The power of amending the Constitution and making laws lies with the Parliament. The most important amendment being the 42nd Amendment in 1976 which was so elaborate that it is called the Mini-Constitution.  The latest 101st Amendment being the Goods and Service Tax which is by far the biggest Tax reform after the Indian Independence.

The Twelve Schedule

1. First Schedule: Territorial Demarcations of States and Union territories.
2. Second Schedule: Provisions for the President, Governor and Senior Executives.
3. Third Schedule: Affirmations and Oaths.
4. Fourth Schedule: Allocation of Seats in the Rajya Sabha.
5. Fifth Schedule: Administration and Control of Scheduled Areas.
6. Sixth Schedule: Administration of Tribal areas of North-East.
7. Seventh Schedule: Union, State and Concurrent Lists.
8. Eighth Schedule: Languages (22).
9. Ninth Schedule: Laws immune to Judicial Review.
10. Tenth Schedule: Disqualification on grounds of Defection.
11. Eleventh Schedule: Provisions for Panchayats.
12. Twelfth Schedule: Provisions for Municipalities.

Parts Of The Constitution

There are a total of 25 parts of the Indian Constitution from Part I to Part XXII explained individually below. Originally there were only 22 parts but more were added through amendments.

PART I

Article (1 to 4)

The Union and Its Territory

The first part of our Constitution deals with the States and Union territories of India. It starts by describing the country “India that is Bharat, Shall be a Union of States” and then frames the laws under which the States can be divided or merged with a simple Parliamentary Majority. The boundaries can be altered and the names of states can be changed. It also gives a clause in which territories can be annexed into the Union. Currently there are 28 States in India and 7 Union Territories.

This part itself is a part of the Basic structure of the Constitution and hence cannot be amended via article 368. However small amendments can be made like the Constitution (40th amendment) act, 1976, substituted a new Article 297 so as to vest in Union of India all lands, minerals, and other things of value underlying the ocean within the territorial waters or continental shelf or exclusive economic zone of India. Sikkim was admitted as a state in India on 26 April 1975. The latest effect of this law can be seen in Andhra Pradesh Reorganization Act, 2014 where Telangana was formed as a new state.

 PART II

Article (5 to 11)

 Citizenship

 This Article decides whether a person can carry the Blue Indian passport or not. It has 7 articles which are given below:

•  Citizenship at the commencement of the Constitution.
• Rights of Citizenship of certain persons who have migrated to India from Pakistan.
• Rights of Citizenship of certain migrants to Pakistan.
• Rights of Citizenship of certain persons of Indian origin residing outside India.
•  Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
• Continuance of the rights of citizenship.
•  Parliament to regulate the right of citizenship by law.

Using the power vested in Parliament by Article 11 of the Constitution of India, a comprehensive law “The Citizenship Act, 1955” was passed by the Parliament. This act has been amended from time to time to make space for provisions as and when required. Primarily India was a country which only allowed Single citizenship, but the Citizenship Bill 2003 allows people of Indian origin lining in 16 specific countries to acquire dual citizenship. Citizenship can also be acquired by the following ways:

1. Person who was born in the territory of India or
2. Either of whose parents was born in the territory of India or
3. Who has been ordinarily resident in the territory of India for not less than five years.

PART III

Article (12 to 35)

Fundamental Rights

The most important part of the Constitution. The Fundamental Rights are the core rights citizens enjoy and all laws are made around them to either protect them directly or indirectly. Although this part has been prone to various contraventions, amendments and political debates, it was settled in the Kesavananda Bharti case that this Part is included in the “Basic Structure” of the Constitution and can be only amended positively and progressively. However these rights are subject to reasonable restrictions imposed by law e.g. Like some Rights can be taken away in case of Emergency.

• Equality before Law

Everyone Including a Non Citizen is equal in the eyes of law. The State ensures equal protection of the laws within the territory of India.

• Prohibition of Discrimination on grounds of Religion, Race, Caste, Sex or Place of Birth

The makers of our Constitution wanted an egalitarian society. Hence, they ensured that the State did not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. But then nothing shall prevent the State from making any special provision for the advancement of any socially and educationally Backward Class of citizens or for the Scheduled Castes and the Scheduled Tribes as also given in Part 29 (2) holds good.

• Equality of Opportunity in matters of Public Employment

Much similar to Article 15 which prohibits discrimination, in this case from public employment. Hence a person can very much be from Bihar and work in Mumbai.

• Abolition of Untouchability

The social abuse of untouchability practiced in ancient India which was prevalent in many parts of the country was totally abolished under this article.

• Abolition of Titles

Only Military or Academic distinctions can be held as Titles. No citizen of India shall accept any title from any foreign State either.

• Right to Freedom of Speech

A much debated article especially with the ongoing clamor and barrage of news channels and the unregulated Social Media. We ought to remember that this freedom is not absolute and no one can stop the State from making any law which imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

• Protection in Respect of Conviction for Offences

A person cannot be convicted of any offence except for violation of a law in force at the time of the commission of the Act, nor be prosecuted and punished for the same offence more than once. No person accused of any offence shall be compelled to be a witness against himself.

• Protection of Life and Personal Liberty

The ambit of this law is the largest among all Fundamental Rights. It says that no person shall be deprived of his life or personal liberty except according to procedure established by law.  Article 21(A) added by the Right to Education 2005 makes it compulsory for the State to provide free and compulsory education to all children of the age of six to fourteen years.

• Protection against Arrest and Detention in certain Cases

Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest. The writ of Habeas Corpus enumerates from this article.

• Prohibition of Traffic in Human Beings and Forced Labor
• Prohibition of Employment of Children in factories

Children below the age of fourteen years cannot be employed to work in any factory or mine or engaged in any other hazardous employment.

• Right to Freedom of Religion

Freedom of conscience and free profession, practice and propagation of religion.

• Freedom to Manage Religious Affairs

This right is Subject to public order, morality and health.

• Freedom as to Payment of Taxes for Promotion of any Particular Religion
• Freedom as to Attendance at Religious Instruction or Religious Worship in certain Educational Institutions.
• Cultural and Educational Rights

Protection of interests of minorities. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

• Right of Minorities to establish and Administer Educational institutions.
• Right of Compulsory Acquisition of Property was repealed by the Constitution (Forty-fourth Amendment) Act, 1978 and is now only a legal right in Article 300A.
•  Right to Constitutional Remedies

Also describes by Dr. Ambedkar as the “Heart & Soul of Indian Constitution” Remedies for enforcement of rights are conferred by this Part. A person can move to the High court or Supreme Court to ensure his rights. The Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

• Power of Parliament to modify the rights conferred by this Part in their application to Forces.
• Restriction on Rights conferred by this Part while Martial Law is in force in any area.
• Legislation to give Effect to the Provisions of this Part.

PART IV

 Article (36 to 51)

 Directive Principles of State Policy

These are Directives to the Union and state governments to make laws for a more healthy, law abiding and idealistic society. These were inspired by the Irish Constitution. They promote general welfare of people but cannot be enforced by the means of Writs in the Courts of law.

The directives are,

• State to secure a social order for the promotion of welfare of the people.
• Certain principles of policy to be followed by the State are,

1. that the citizens, men and women equally, have the right to an adequate means of livelihood;
2. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
3.  that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
4.  that there is equal pay for equal work for both men and women;
5. that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
6. That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
7. Equal justice and free legal aid to be provided by state (39A) .

(Article 40-51 )

• Organization of village Panchayats as units of self-government.
• Right to work, to education and to public assistance in certain cases.
• Provision for just and humane conditions of work and maternity relief.
• Living wage for workers and 43A. Participation of workers in management of industries.
• Uniform Civil Code for the citizens.
• Provision for early childhood care and education to children below the age of six years.
• Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
• Raise the level of nutrition and the standard of living and to improve public health.
• Organization of agriculture and animal husbandry.
• Protection of monuments and places and objects of national importance.
• Separation of Judiciary from Executive.
• Promotion of International peace and security

PART IV-A

Article (51A)

Fundamental Duties

Inspired by the Russian Constitution the Fundamental Duties are the responsibilities of a citizen towards the nation. Though the duties cannot be enforced in a court of law but the Constitution expects the people of India to follow them duly. These were not part of the original Constitution they were added on the recommendations of Swarn Singh Committee by the 42nd Constitutional Amendment Act, 1976. These are,

• To abide by the constitution and respect its ideal and institutions
• To cherish and follow the noble ideals which inspired our national struggle for freedom
• To uphold and protect the sovereignty, unity and integrity of India
• To defend the country and render national service when called upon to do so
• To promote the spirit of common brotherhood amongst all the people of India
• To preserve the rich heritage of our composite culture
• To protect and improve the natural environment
• To develop the scientific temper, humanism and the spirit of inquiry
• To safeguard public property
•  To strive towards excellence in all spheres of individual and collective activity

Further under 86th Amendment of the Constitution in 2002 one more Fundamental Duty has been added to the Indian Constitution which is Right to Education which says it is the duty of parent or guardian, to provide opportunities for education to his child.

PART V

 Article (52 to 151)

Government at the Union Level

This part deals with duties and functions of the President, Prime Minister, Ministers, Attorney General, Parliament, Lok Sabha and Rajya Sabha, Comptroller and Auditor General.

 Articles 52 to 62 outline the Powers of the President and the Executive. The election, re-election, eligibility, manner, qualifications and also the procedure of impeachment of the President. Articles 63 to 71 in the same manner talk and regulate the position of the Vice President. Article 72 lays down the power of the President to grant pardons in certain cases. Article 73 gives the extent of Executive powers of the Union. Article 74 tells how the aid and advice of the Council of Ministers is binding on the president.

 Article 75 says that the Prime Minister is to be appointed by the President and also the other ministers to be appointed by him on the advice of the Prime Minister. It also lays down some other provisions as to the Ministers.

 Article 76 lays down the appointment and duties of the Attorney General of India. Articles 77-78 regulate the conduct of Government Business.

Articles 79 to 122 lay down details of the Parliament. The Constitution and Composition of both the houses, duration, sessions, prorogation of these houses. Further the qualifications and appointment of members, their salaries, the appointment of speakers and deputy speakers. The legislative procedure of the Parliament is also described in these articles. Article 123 lays down the power of President to promulgate Ordinances.

Articles 124 to 147 details the Union Judiciary. The establishment of Supreme Court, The appointment of Judges, their salaries and powers. It also lays down the procedures of the working, powers, jurisdiction of the Supreme Court of India.

 Articles 148 to 151 describe the role, powers, procedures and duties of the Comptroller and Auditor general of India.

PART VI

Article (152 to 237)

Government at the State Level

This part of the Constitution deals with the duties, functions of a Chief Minister and his Ministers, Governor, State Legislature, High courts and the Advocate General of the State.

Article 152 to 164 details the Governor of the State. It describes the executive powers, appointment, term of office, qualifications and the methodology and procedure to discharge the powers of the Governor. It describes how the advice of the council of minister is binding to the Governor. Article 165 lays down the duties of advocate general of the state.

 Article 168 to 195 details the state legislature, the formation, composition, duration and desolation of legislative assemblies and councils. It also talks about the qualifications, nominations and disqualifications of the members of these houses. The appointment of the Speaker and the Deputy Speaker, their powers and their salaries are also detailed in these Articles.

Articles 196 to 212 detail the legislative procedure of the State Legislature. These Articles define bills, money bills, appropriation bills and how these bills are tabled to become law. Article 213 talks about the power of Governor to promulgate ordinances during the recess of legislature.

 Articles 214 to 231 detail the establishment of High Courts of States. The appointment of Judges, their salaries, their transfers, appointment of Chief Justice and acting Judges, jurisdiction of High Courts, their power to issue writs, their extension to some Union Territories and/or States is also provided in these Articles. Articles 233 to 237 describe the procedures and application of Sub-ordinate Courts and its Judges.

PART VIII

Article (239 to 242)

Union Territories

Articles 239 to 242 lays down the procedures of administration and provisions in Union Territories and special character of Delhi as National capital Territory. It details the power of the Lieutenant Governor. Article 242 was repealed by the Constitution (Seventh Amendment) Act, 1956

PART IX

Article (243 to 243 O)

The Panchayats

Articles 243 to 243O describes the Constitution of Panchayats and Gram Sabha, their working duration, qualifications and disqualifications of memberships, powers, authority and responsibilities of a Panchayat. This part also gives procedures of financial management, audits and applications of the Panchayats. Schedule 11 was added by the Seventy Third Amendment in 1992.

PART IX-A

Article (243P to 243 ZG)

The Municipalities

Articles 243P to 243ZG describes the Constitution of Municipalities their working duration, qualifications and disqualifications of memberships, powers, authority and responsibilities of the Municipality. This part also gives procedures of financial management, composition of committee for metropolitan planning, audits and its applications. Schedule 12 was added by the Seventy Fourth Amendment in 1992.

PART X

Article (244 to 244A)

Scheduled and Tribal Areas

Article 244 and 244A describes the procedures of administration for Scheduled and Tribal areas. The provisions of the Fifth Schedule control the Scheduled areas and Tribes with the exception of Assam, Meghalaya, Tripura and Mizoram where the provision of Sixth Schedule shall apply.

PART XI

Article (245 to 263)

Relations between the Union and States

Articles 245 to 261 details the distribution of Legislative powers between the Centre and the States. They describe the extent of laws which can be made by the Parliament and by the Legislatures of States. The power of Parliament to legislate in the State list for national interest, in proclamation of emergency is prescribed in this part. The obligation of States and Union towards each other and the control of the Union over States in certain cases is also provided. Article 262 provides for adjudication of disputes relating to waters and interstate rivers while Article 263 gives provisions with respect to an interstate Council.

The 101st Amendment Act, GST inserted two important articles to this Part,

• Article 246 (A)

It states that , Notwithstanding anything contained in articles 246 and 254, Parliament, and, subject to clause (2, the Legislature of every State, have power to make laws with respect to goods and services tax imposed by the Union or by such State.  Parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-State trade or commerce.

PART XII

Article (264 to 300A)

Finance, Property, Contracts and Suits

This part deals with the distribution of revenue between Union and States, appointment of the Finance Commission (under Article 280), contracts, liability, taxes, consolidated funds, public accounts and grants etc.

Here also the GST has made a few important amendments,

• Article 269A

This article says that in case of the inter-state trade, the tax will be levied and collected by the Government of India and shared between the Union and States as per recommendation of the GST Council. The article also makes it clear that the proceeds such collected will not be credited to the Consolidated Fund of India or state but respective share shall be assigned to that state or centre. The reason for the same is that under GST, where centre collects the tax, it assigns state’s share to state, while where state collects tax, it assigns centre’s share to centre. If that proceed is deposited in Consolidated Fund of India or State, then, every time there will be a need to pass an appropriation tax. Thus, under GST, the apportionment of the tax revenue will take place outside the Consolidated Funds.

• Article 279A

This Article provides for Constitution of a GST Council by President within sixty days from this act coming into force.The GST Council will constitute the following members,

1. Union Finance Minister as Chairman of the council
2. Union Minister of State in charge of Revenue or Finance
3. One nominated member from each State who is in charge of Finance or Taxation.

PART XIII

Article (301 to 307)

Trade, Commerce and Intercourse within the Territory of India

This part talks about freedom of Trade, Commerce and Intercourse throughout the territory of India. It also mentions the power of the Parliament to impose restrictions and also the power of States to do the same. Article 307 appoints an authority for carrying out Trade and Commerce for the purposes of Article 301 to 304. Article 306 was repealed by the Constitution (Seventh Amendment) Act 1956.

PART XIV

 Article (308 to 323)

Services under the Union and the States

Article 308 to 314 details the Union Public Service Commission and its appointments, tenures, dismissals and reduction in ranks. Articles 315 to 323 detail the State Public Service Commission and its functions, appointments, tenures, dismissals, and reduction in ranks.

PART XIV-A

Article (323A and 323B)

Tribunals

This part deals with administrative tribunals, their composition, working, jurisdiction, procedures, powers and exceptions exercised by Tribunals in different States. It was introduced to hear disputes and complaints regarding the Union, States or Local Government employees in the year 1976 by the 42nd Amendment.

PART XV

Article (324 to 329A)

Elections

This part deals with the conduct of Elections and the Election Commission. It gives the right of Superintendence, Direction and Control of Elections to be vested in the Election Commission. Three Election Commissioners are to be appointed with one of them as the Chief Election Commissioner who will be responsible for the conduct of Elections. Article 329A was repealed by the Constitution 44th Amendment Act 1978.

PART XVI

Article (330 to 342)

Special Provisions relating to Certain Classes

 This part deals with certain provisions for Schedule Castes, Schedule Tribes and Anglo-Indian representation. Article 330 and 332 reserve seats for Schedule Castes and Schedule Tribes in the house of people and Legislative Assemblies respectively while Article 331 and 333 reserve them for Anglo-Indian community. Article 338 details the establishment of a national commission of a Schedule Caste while Article 339 to 342 lay procedures to investigate the conditions of Backward Classes.

PART XVII

Article (343 to 351)

Official Language

 Article 343 of this part says that the Official Language of the Union shall be Hindi in Devnagri script. Article 344 provides for a commission and a committee of Parliament on Official Language. Article 345 to 347 describes the roles of regional languages while Articles 348 to 351 lay down Languages to be used in Supreme Court, High Court, in Acts and Bills. These Articles also contain some directives of development for Hindi and other languages

PART XVIII

Article (352 to 360)

Emergency Provisions

The provisions of Emergency have been borrowed from the German Constitution. Article 352 describes the procedure and other details of procurement of Emergency while Article 353 describes the effect of Emergency. Article 354 to 359 detail the application, the duties, provisions and the exercise of the legislative powers during Emergency. Article 360 provides provisions for a Financial Emergency.

PART XIX

Article (361 to 367)

Miscellaneous

Article 361 provides for the protection of the President and other Legislators. Article 362 which was repealed by the Constitution (Twenty Sixth Amendment) Act 1971 had rights and privileges of rulers of Indian States. Similarly Article 363A abolishes any recognition granted to rulers and cessation of their privy purses. Article 366 gives some common definitions of words used in the Constitution.

PART XX

Article (368)

Amendment of the Constitution

One of the most important Articles of the Constitution provides the power to the Parliament to amend the Constitution and procedure thereof. Here we must take into consideration the famous case of Kesavananda Bharati v/s State of Kerala in which the Supreme Court stated that the basic structure of Constitution cannot be amended.

PART XXI

Article (369 to 392)

Temporary, Transitional and Special Provisions

Article 369 gives temporary power to the Parliament to make laws with respect to certain matters in the state list and concurrent list. The much debated and controversial Article 370 gives special but temporary status to provisions with respect to the state of Jammu and Kashmir. This Article does not permit the state to make matters given in the State list. The Article also gives special powers to the State Legislature.

Article 371 and 371A gives special privileges and provisions to the state of Gujarat, Maharashtra and Nagaland respectively. Article 371B for Assam, 371C for Manipur, 371D and E for Andhra Pradesh, 371F for Sikkim, 371G for Mizoram, 371H for Arunachal Pradesh and 371I for Goa.

PART XXII

Article (393 to 395)

Short Title, Commencement, Authoritative Text in Hindi and Repeals

The Constitution in its “short title” form may be called the Constitution of India. Article 394 says that the Constitution shall come into force on 26th January 1950. Article 394A talks of authoritative text in Hindi language. Article 395 repeals the Indian Independence Act 1947 and the Government of India Act 1935 together with all enactments supporting the same.

Heartiest Congratulations To All Indians On Republic Day, Let's understand to be a family. Rather than disturbing the society on issues which can't give bread and butter to unprivileged members of our family, let's fight for those and support them to earn more meal. Let's talk beyond parties, religion or groups. 

                                    Jai Hind!