An Introduction to the Constitution of India
The Indian Constitution is considered the supreme Indian law. This frames the fundamental principles of politics, practices, procedures, powers, rights, and government duties. Every person must have a good introduction to the Constitution of India as it imparts Constitutional supremacy instead of parliamentary supremacy. The Constituent Assembly and not the Parliament has created the Constitution of India. This gets adopted by the Indian citizens, and the Parliament can't override it. According to the Constitution, India is a secular, socialist, sovereign, and democratic republic, and it assures its citizens' various things, like liberty, equality, and justice.
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History
It was the idea of an Indian Communist revolutionary and political activist Manabendra Nath Roy to have a Constituent Assembly for making of the Indian Constitution. He is considered to be the pioneer of the Communist Movement in India. In 1936, the Indian National Congress (INC) officially demanded a Constituent Assembly to frame the Constitution of India in its Lucknow session. The Drafting Committee bore the responsibility of drafting the Constitutional document. In this article, the history and the preamble of the Constitution as well as the rights provided to the citizen by the State and the duties of citizens towards the State will be discussed.
The first meeting of the Constituent Assembly for the formation of the Constitution of India took place on December 9, 1946, with Dr Sachidanand Sinha as its Interim President. Dr Rajendra Prasad was elected as the President of the Constituent Assembly and H.C. Mukherjee as the Vice President.
After eleven thorough sessions starting from February 1948 to November 1949, the draft was finally passed and accepted on November 26, 1949. All the members of the Assembly signed the official copy of the Indian Constitution which came into effect on January 26, 1950, which has been celebrated as Republic Day in India ever since. It originally contained a Preamble, 395 Articles and 8 Schedules. Some of the provisions such as those related to Citizenship, Elections, Provisional Parliament, etc. were given immediate effect.
Preamble
The ‘Objectives Resolution’ given by Jawaharlal Nehru became the Preamble to the Constitution of India. It was unanimously adopted by the Assembly. It has been modified by the 42nd Amendment Act which currently becomes the Preamble.
The Preamble is a preface or introduction to the Constitution. The idea of the preamble was borrowed from the Constitution of the USA and its language was borrowed from Australia.
The words ‘SOCIALIST', ‘SECULAR', and ‘INTEGRITY' were added to the preamble by the 42nd Amendment in 1976 while the original version contains the words ‘SOVEREIGN',’ DEMOCRATIC’, and ‘REPUBLIC'.
The Preamble is non-justiciable in nature which means it cannot be enforced in a court of law. It has a very limited role to play although it declares that the people of India have enacted, adopted and provided the Constitution to themselves, therefore, sovereignty lies with the people ultimately.
Fundamental Rights
The Constitution of India provides citizens with some Fundamental Rights which are enshrined in Part III of the Constitution from Articles 12 to 35. Originally there were seven fundamental rights. However, the Right to Property was deleted by the 44th Amendment Act, 1978. At present, there are six Fundamental Rights which are given as follows:
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)
Fundamental Duties
The Constitution has provided us with Fundamental Rights to protect and safeguard our interests and freedom, therefore, we shall have some duties as well.
Abide by and follow the Constitution, respect the National Flag and the National Anthem,
Cherish and follow the noble deeds of our freedom fighters,
Protect and preach the ideals of sovereignty, unity and integration among citizens of India
Defend the security of the nation and render service to the nation when called upon us to do so at any given cost,
Promote harmony regardless of caste, creed, race, religion, and gender,
Preserve and protect the heritage, culture and monuments and buildings of the cultural importance of our country,
Protect and improve our national environment
Develop the spirit of scientific and humanitarian interest, enquiry and reforms.
Safeguard public property
Strive towards excellence
Provide opportunities for education to every ward by the guardian.
Commencement of the Indian Constitution
When the Indian Constitution came into existence, it had 395 articles, and they were split into eight schedules and 22 parts. Today, it has a preamble, 25 parts with 12 schedules, 101 amendments, 448 articles, and five appendices.
Earlier legislation of the Constitution of India
The introduction to the Constitution of India has been drawn from various sources. Being mindful of the conditions and needs of India, its framers did borrow features from earlier legislation like the Govt. of India Act of 1858, The Indian Council Acts of 1892, 1861, and 1909, the Govt. of India Acts 1935 and 1919, and the Indian Independence Act of 1947. The latter resulted in the formation of two countries; India and Pakistan. It also split the earlier Constituent Assembly into two parts. Every new assembly possessed sovereign power for drafting as well as enacting a novice Constitution for distinct states.
What do You Mean by Indian Constitution?
Though the definition of the Indian Constitution is vast, every Indian should know the meaning of the Indian Constitution and the worth of the introduction to the Constitution. It is vast and has several areas that all the citizens of India must be familiar with. Every law aspirant must be aware of the introduction to the Constitution of India extremely well because it forms the fundamentals of his profession and education.
The Offering of the Indian Constitution
The Constitution of India provides many Fundamental rights to its Citizens. All the rights that the Constitution of India provides are justiciable, and people have every right to move the High Courts and the Supreme Court when their rights are encroached upon. Nonetheless, the Indian Fundamental Rights aren't absolute as reasonable restrictions can get imposed too. In the 42nd Amendment that was done in 1976, fundamental duties were included in the Constitution, and their purpose was to remind people that besides enjoying their rights as citizens, they must also carry on their duties as duties and rights are correlative.
Facts of Indian Constitution
There are some interesting facts about the Indian Constitution besides the details of a few sections and articles. Students who have been tossing with the idea of pursuing higher education in law should revise the overview of the Indian Constitution. These facts are the following:
The Indian Constitution is the most voluminous and longest Constitution worldwide.
The Preamble of the Constitution of India got inspiration from the Constitution and preamble of the USA.
The actual copies of the Constitution of India weren't printed or typed. They were written by hand, and now they are kept in the Indian Parliament's library.
Prem Bihari Narain Raizada wrote the actual copies of the Indian Constitution.
The Indian Constitution recognizes some fundamental rights, and they were embraced from the American Constitution's fundamental rights.
283 members signed the original Indian Constitution, and they belonged to the Constituent Assembly.
The Indian Constitution is regarded as one of the most honoured and best Constitutions worldwide.
The idea of the 5-year plan was inspired by the USSR or Soviet Union's five planning commissions.
There are nearly 2.18 crore unresolved cases in the distinct as well as Indian high courts.
Originally, the Indian Constitution was written in Hindi and English.
The English variety of the Constitution of India has 1,17,369 words.
Various artists who hailed from Shantiniketan had decorated the pages of the Indian Constitution.
On 9th December 1946, the first meeting of the Constituent Assembly took place.
It took nearly three years to write and complete the Indian Constitution.
Nearly 2000 amendments were made in the initial draft of the Indian Constitution.
On 24th January 1950, the Indian Constitution was signed.
On 26th January 1950, the Indian Constitution was enforced legally.
The Constitution of India borrowed many things from the Constitutions of different nations, like the USA, the USSR, France, Germany, Japan, etc.
In the year 2019, there were 103 amendments that were made in the Indian Constitution since the time it was enforced.
Hence the above article is very useful for the students to understand all the important aspects of the Indian Constitution such as its history, fundamental rights and fundamental duties etc.
FAQs on The Constitution of India
1. What is the Constitution of India and why is it important for a student to understand?
The Constitution of India is the supreme law of the country. For a student, understanding it is crucial as it lays down the fundamental framework defining the country's political code, structure, government powers, and duties. Most importantly, it guarantees the Fundamental Rights of all citizens, which is essential knowledge for every individual living in India. It is the backbone of our democracy, ensuring justice, liberty, and equality for all. You can learn more about the meaning of a constitution on our platform.
2. Who was responsible for drafting the Indian Constitution?
The Constitution of India was drafted by the Constituent Assembly, which was elected by the members of the provincial assemblies. The Assembly then set up a Drafting Committee under the chairmanship of Dr. B. R. Ambedkar, who is widely recognised as the 'Father of the Indian Constitution' for his pivotal role in steering the drafting process. The assembly took almost three years (from December 1946 to November 1949) to complete its historic task.
3. When was the Constitution of India adopted and when did it come into effect?
The Constitution of India was adopted by the Constituent Assembly on November 26, 1949. This day is now celebrated as National Constitution Day (or Samvidhan Divas). However, it came into full effect on January 26, 1950. This date was chosen to commemorate the Purna Swaraj (complete independence) declaration of 1930. With its enforcement, India officially became a sovereign republic. To understand the timeline better, you can read about the enactment of The Indian Constitution.
4. What are the six Fundamental Rights guaranteed by the Indian Constitution?
As per the Constitution for the year 2025-26, there are six Fundamental Rights guaranteed to all citizens:
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)
These Fundamental Rights are considered essential for the moral and intellectual development of every individual.
5. What is the key difference between a Fundamental Right and an ordinary Legal Right?
The two main differences are:
Protection and Enforcement: A Fundamental Right is protected and guaranteed by the Constitution itself. If violated, a citizen can directly approach the High Courts or the Supreme Court. An ordinary legal right is protected by ordinary law, and enforcement follows the standard judicial process.
Amendment: An ordinary legal right can be changed or taken away by the legislature through a simple law-making process. However, a Fundamental Right cannot be altered or removed easily; it requires a constitutional amendment, which is a much more rigid process.
6. What form of government does the Constitution of India establish?
The Constitution of India establishes a parliamentary form of government which is federal in structure with certain unitary features. This means power is divided between the Centre and the States. The Union Parliament consists of the President and two Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The real executive power is exercised by the Council of Ministers, headed by the Prime Minister, who is accountable to the Lok Sabha.
7. What does it mean for India to be a 'Sovereign, Socialist, Secular, and Democratic Republic' as stated in the Preamble?
These terms in The Preamble define the nature of the Indian state:
Sovereign: India is an independent nation, free to conduct its own internal and external affairs without foreign interference.
Socialist: It aims to achieve social and economic equality, reducing income disparities and ensuring a decent standard of living for all citizens.
Secular: The state does not have an official religion. It treats all religions equally and guarantees freedom of religion to all individuals.
Democratic: The government is elected by the people through universal adult suffrage, making the people the ultimate source of authority.
Republic: The head of the state, the President, is an elected official and not a hereditary monarch.
8. Why is the Indian Constitution often called a 'living document'?
The Indian Constitution is called a 'living document' because it is not static or unalterable. It is flexible and can be amended to adapt to the changing needs and aspirations of society. The provision for constitutional amendments under Article 368 allows the Parliament to make changes. Furthermore, the judiciary's power to interpret the Constitution ensures that its principles remain relevant over time, allowing it to evolve and grow with the nation.
9. How does the Indian Constitution ensure a balance of power between the legislature, executive, and judiciary?
The Constitution establishes a system of separation of powers with 'checks and balances' to prevent any single branch from becoming too powerful. The key functions are divided as follows:
Legislature (Parliament): Makes laws.
Executive (Government): Implements laws.
Judiciary (Courts): Interprets laws and resolves disputes.
For instance, the judiciary can declare laws passed by the legislature unconstitutional (judicial review), while the legislature can impeach judges, ensuring no organ has absolute authority. You can learn more about the Indian Judiciary System and its role.
10. From which countries did the Indian Constitution borrow its key features?
The framers of the Indian Constitution drew inspiration from several constitutions around the world to adopt the best features for India's diverse needs. Some key borrowed features include:
United Kingdom: Parliamentary government, Rule of Law, and Single Citizenship.
United States: Fundamental Rights, Judicial Review, and the Preamble.
Ireland: Directive Principles of State Policy.
Canada: A strong central government in a federal system.
Australia: Concurrent List and joint sitting of Parliament.
11. Why is a written constitution considered a cornerstone of Indian democracy?
A written constitution is a cornerstone because it provides clarity, stability, and supremacy of law. It explicitly lays down the structure of the government, defines the powers and limitations of each organ, and guarantees rights to citizens. This prevents arbitrary rule by any individual or group and ensures that the government operates within a defined constitutional framework. By doing so, it upholds the rule of law, a fundamental principle of democracy where law is supreme, and everyone is treated equally before it.
12. What are some important autonomous institutions established by the Indian Constitution?
To ensure democracy functions fairly and without executive interference, the Constitution established several independent bodies. Key examples include:
Election Commission of India: Responsible for conducting free and fair elections to the Parliament and state legislatures.
Comptroller and Auditor General (CAG) of India: Audits the accounts of the Union and State governments to ensure financial accountability.
Union Public Service Commission (UPSC): Conducts examinations for recruitment to all-India and central government services, ensuring a merit-based bureaucracy.
