Introduction
The Indian Constitution is the supreme law of the land: a foundational document that lays down the legislative, executive, judicial, and moral framework of the Indian State. It demarcates the structure, powers, and functions of governmental institutions while safeguarding the fundamental rights and freedoms of its citizens. Drafted by the Constituent Assembly between 1946 and 1949, it was adopted on 26 November 1949 and came into effect on 26 January 1950, a day now celebrated as Republic Day. With 448 Articles in 25 Parts, 12 Schedules, and over 100 Amendments to date, it is the longest written constitution in the world.
Basic Overview
- Drafted by the Constituent Assembly, chaired by Dr. Rajendra Prasad, with Dr. B. R. Ambedkar as the Chairman of the Drafting Committee.
- The Drafting Committee was appointed on 29 August 1947. On 25 November 1949, it submitted the final draft, and the Constitution was passed and adopted by the Constituent Assembly on 26 November 1949. It came into effect on 26 January 1950 (Republic Day) after being signed by the members of the Constituent Assembly.
- The process took two years, eleven months, and eighteen days.
- Originally, the Constitution contained 395 Articles in 22 Parts and 8 Schedules, making it the world’s longest written constitution for a sovereign nation.
- Currently, the Indian Constitution consists of 448 Articles, 25 Parts, and 12 Schedules.
Historical Background
- The process of constitution-building began during the 1928 All Parties Conference in Lucknow, which appealed for dominion status and a federal setup of government. The memorandum came to be known as the Nehru Report.
- In response, the British Parliament enacted the Government of India Act, 1935, which later became the foundation of the Indian Constitution. It was also the longest act ever passed by the UK Parliament.
- However, the Act of 1935 had several legislative limitations, leading to widespread resistance from India’s founding leaders. The most significant movement was the Quit India Movement, accompanied by growing demands for Purna Swaraj (Complete Independence).
- This struggle culminated in the Indian Independence Act of 1947, which led to the formation of the Constituent Assembly to draft the Constitution and established the Drafting Committee to write it.
- During the framing of the Constitution, India remained a dominion of the United Kingdom for two years, eleven months, and eighteen days. Finally, on 26 January 1950, after the ceremonial signing of the newly framed Constitution by the Assembly members, India became a sovereign, democratic republic.
Influence of other countries constitution
| Government | Influence |
| United Kingdom | – Parliamentary government – Nominal head of the state – Post of Prime Minister – More powerful lower house – Concept of single citizenship – Legislative procedure – Bicameral legislature – Rule of law – Cabinet system – The legislative speaker and their role -Prerogative writ – Parliamentary privilege |
| United States | – Bill of Rights (Fundamental rights) – Written constitution – Preamble to the Constitution – Federal structure of government – Impeachment of the President – Post of the Vice President and his functions – The institution of the Supreme Court – Removal of Supreme Court and High courts judges – Electoral College – Independent judiciary and separation of powers – Judicial review – President as commander-in-chief of the armed forces – Equal protection under law |
| Ireland | – Directive principles of state policy – Nomination of members to the Rajya Sabha by the President – Method of election of the President |
| Australia | – Freedom of trade between states – Federal legislative power to implement treaties, even on matters outside normal federal jurisdiction – Concurrent List – Provision of Joint Session of the Parliament – Preamble terminology |
| France | – Notions of liberté, égalité, fraternité (liberty, equality, fraternity) in the preamble – The ideals of republic in the preamble |
| Canada | – Quasi-federal government—a federal system with a strong central government – Distribution of powers between the central and state governments – Residual powers, retained by the central government – Appointment of Governor of states by Centre – Advisory jurisdiction of the Supreme Court |
| Soviet Union | – Fundamental Duties under article 51-A – Mandated planning commission to oversee economic development – Ideals of justice (social, economic and political) in the preamble |
| Germany (Weimar Republic) | – Suspension of fundamental rights during emergency |
| South Africa | – Amendment procedure of the constitutionElection of members of Rajya Sabha |
| Japan | – Procedure established by lawLaws on which the Supreme Court functions |
Preamble
The Preamble acts as an introduction to the Constitution, declaring India to be a Sovereign, Socialist, Secular, Democratic Republic and promising Justice, Liberty, Equality, and Fraternity. It reflects the philosophy of the Constitution and serves as its guiding spirit.
Structure
- At its inception, the Constitution of India had 395 Articles enumerated in 22 Parts along with 8 Schedules. At present, it contains 448 Articles divided into 25 Parts along with 12 Schedules.
- This feature highlights the living nature of the document. The Constitution is not an obsolete piece of writing but a living and dynamic construct that evolves with time through amendments and judicial interpretations. Laws can thus be added, deleted, or modified in response to changing social and political needs.
- New Articles and Parts are added alphabetically to maintain the structural order. For example, three new parts—Part IXA, Part IXB, and Part XIVA—were alphabetically added alongside Part IX, Part IXA, and Part XIV respectively.
- Check the list of all parts with there subject, and article range for a basic idea of constitution from the following table:
| Parts | Subjets | Article Range |
| Part I | The Union and its Territories | 1 – 4 |
| Part II | Citizenship | 5 -11 |
| Part III | Fundamental Rights | 12 – 35 |
| Part IV | Directive Principles of State Policy (DPSP) | 36 – 51 |
| Part IV A | Fundamental Duties | 51A |
| Part V | The Union | 52 – 151 |
| Part VI | The States | 152 – 237 |
| Part VII | The States in Part B of First Schedule | 238 [Repealed] |
| Part VIII | The Union Terrrotries | 239 – 242 |
| Part IX | The Panchayats | 243 – 243O |
| Part IXA | The Municipalities | 243P – 243ZG |
| Part IXB | The Co-oprative Societies | 243ZH – 243ZT |
| Part X | The Scheduled and Tribal Areas | 244 – 244A |
| Part XI | Relation between the Union and the States | 245 – 263 |
| Part XII | Finance, Property, Contracts and Suits | 264 – 300A |
| Part XIII | Trade, Commerce and Intercourse within the territory of India | 301 – 307 |
| Part XIV | Services Under the Union and the States | 308 – 323 |
| Part XIVA | Tribunals | 323A – 323B |
| Part XV | Elections | 324 – 329A |
| Part XVI | Special provisions relating to certain classes | 330 – 342 |
| Part XVII | Official language | 343 – 351 |
| Part XVIII | Emergency Provisions | 352 – 360 |
| Part XIX | Miscellaneous | 361 – 367 |
| Part XX | Amendment of the Constitution | 368 |
| Part XXI | Temporary, Transitional and Special Provisions | 369 – 392 |
| Part XXII | Short Title, Commencement, Authoritative Text in Hindi and Repeals | 393 – 395 |
Few Important Parts (often asked in media exams)
Fundamental Rights (Part III)
- Fundamental Rights protect the dignity, freedom, and equality of individuals and form the backbone of Indian democracy. These rights are justiciable, meaning they can be enforced through courts, especially the Supreme Court (Article 32) and High Courts (Article 226).
- Enshrined in Part III (Articles 12–35), they guarantee:
- Right to Equality (Articles 14–18)
- Right to Freedom (Articles 19–22)
- Right against Exploitation (Articles 23–24)
- Right to Freedom of Religion (Articles 25–28)
- Cultural and Educational Rights (Articles 29–30)
- Right to Constitutional Remedies (Article 32), described by Ambedkar as the “heart and soul” of the Constitution.
Fundamental Duties (Part IVA)
- Added by the 42nd Amendment in 1976 on the recommendation of the Swaran Singh Committee, the Fundamental Duties are listed under Article 51A. These duties remind citizens that while they enjoy rights, they also have responsibilities toward the nation.
- There are 11 Fundamental Duties, including:
- Respecting the Constitution, national symbols, and institutions.
- Cherishing the ideals of the freedom struggle.
- Upholding the sovereignty, unity, and integrity of India.
- Defending the country and rendering national service.
- Promoting harmony beyond religious, linguistic, and regional differences.
- Preserving the rich heritage of India’s culture.
- Protecting the environment, forests, lakes, and wildlife.
- Developing scientific temper and humanism.
- Safeguarding public property and avoiding violence.
- Striving for excellence in all spheres of activity.
- (Added by the 86th Amendment, 2002) Ensuring opportunities for education for children aged 6–14 years.
Emergency Provisions (Part XVIII)
- The Emergency Provisions (Articles 352–360) were designed to protect the nation during crises. They allow the Central Government to assume greater powers to ensure national security, stability, and unity.
- The Constitution provides three types of emergency:
- National Emergency (Article 352): In cases of war, external aggression, or armed rebellion.
- State Emergency / President’s Rule (Article 356): If the constitutional machinery fails in a state.
- Financial Emergency (Article 360): If the financial stability of the country is threatened.
Conclusion
The Indian Constitution is not just a legal document but a social contract embodying India’s historical struggles, democratic aspirations, and vision of inclusive growth. It seeks to balance unity with diversity, tradition with modernity, rights with responsibilities, and liberty with social justice.
It remains dynamic, adapting through amendments and judicial interpretations, ensuring its relevance in the face of new challenges such as globalization, digital rights, climate change, and social equity.
