The Constitution of India is the supreme law of the land. Adopted on 26 November 1949 and enacted on 26 January 1950, it is the world longest written constitution with originally 395 articles in 22 parts and 8 schedules (currently 448 articles, 25 parts, 12 schedules and 105 amendments).
The Preamble declares India a Sovereign Socialist Secular Democratic Republic. The words Socialist and Secular were added by the 42nd Amendment, 1976.
Fundamental Rights (Part III, Articles 12-35)
Currently there are 6 Fundamental Rights. Right to Property was originally one of the 7 Fundamental Rights but was removed by the 44th Amendment in 1978 and made a legal right under Article 300A.
| Right | Articles |
|---|---|
| Right to Equality | 14-18 |
| Right to Freedom | 19-22 |
| Right Against Exploitation | 23-24 |
| Right to Freedom of Religion | 25-28 |
| Cultural and Educational Rights | 29-30 |
| Right to Constitutional Remedies | 32 |
Directive Principles of State Policy (Part IV)
DPSP (Articles 36-51) are borrowed from the Irish Constitution. They are non-justiciable guidelines for the State to create a welfare state. They cannot be enforced in courts unlike Fundamental Rights, but they are fundamental in governance. The Supreme Court in the Minerva Mills case held that Fundamental Rights and DPSP must be harmonised.
Parliament of India
Parliament consists of the President, Lok Sabha and Rajya Sabha. Lok Sabha (House of the People) has 543 elected + 2 Anglo-Indian members (nominated practice discontinued after 104th Amendment). Rajya Sabha (Council of States) has maximum 250 members: 238 elected by states/UTs + 12 nominated by President. The minimum age for Lok Sabha is 25 years and for Rajya Sabha is 30 years.
Constitutional Amendments: Key Ones
7th Amendment (1956): State reorganisation. 24th Amendment (1971): Parliament power to amend any part of Constitution affirmed. 42nd Amendment (1976): Added Fundamental Duties, Socialist, Secular to Preamble. 44th Amendment (1978): Removed Right to Property from FRs. 73rd & 74th Amendments (1992): Constitutional status to Panchayats and Municipalities. 86th Amendment (2002): Added Right to Education (Art 21A). 101st Amendment (2016): GST.
Five Year Plans replaced by:
NITI Aayog replaced the Planning Commission in January 2015. Five Year Plans were replaced by Three Year Action Agenda + Seven Year Strategy + Fifteen Year Vision document approach. NITI Aayog is a policy think-tank, not an allocating authority unlike the Planning Commission.
Emergency Provisions
National Emergency (Art 352) is proclaimed on grounds of war, external aggression or armed rebellion. It must be approved by Parliament within one month. President Rule (Art 356) is proclaimed when constitutional governance fails in a state. Financial Emergency (Art 360) when financial stability of India is threatened.
Judiciary: Key Features
Supreme Court has original, appellate and advisory jurisdiction. It is the final interpreter of the Constitution and the guarantor of Fundamental Rights. High Courts have original and appellate jurisdiction. Judicial review allows courts to strike down any law or executive action that violates the Constitution.
Writ jurisdiction is a key feature. Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto are five writs available from both Supreme Court and High Courts for enforcement of Fundamental Rights and other legal rights.
Important Constitutional Bodies
Election Commission of India (Art 324) is an independent constitutional body overseeing elections to Parliament, State Legislatures, President and Vice-President. UPSC (Art 315) recruits for Central services. CAG (Art 148) audits government accounts. Attorney General of India (Art 76) is the Chief Law Officer of India.