Home Speak to a lawyer Meet a lawyer Flat fee services About Blog Careers Contact Us Terms & Conditions Privacy Policy Legal Topics


Overview of the Indian Constitution
Recent Post

Get Legato App on your mobile.

Overview of the Indian Constitution

The Constitution is the supreme law of the land. It protects individual freedom and its fundamental principles govern India.

The Constitution is not created by the Parliament but by a constituent assembly and adopted by its people. Therefore, it is based on constitutional supremacy rather than parliamentary supremacy, and the Parliament cannot override it, although they have the power to amend it.

It all began when the constituent assembly set up a Drafting Committee on 29th August 1947 to frame the Indian Constitution. The Chairman of the Committee was Dr B.R. Ambedkar along with six other members. They were majorly inspired by the British Constitution.

However, there was a lot of frameworks that are taken from other countries too, like the idea of the preamble taken from the United States.

The constitution of India was adopted on the 26th of November, in the year 1949. However, it came to effect on the 26th of January, 1950. Hence, 26th January is celebrated as the Republic day of India. After the adoption of the constitution, the Union of India became the contemporary and modern Republic of India.

The Indian Constitution is the world's lengthiest written constitution. It had 395 articles, 22 parts and 8 schedules at the time of commencement. Now, after the amendments, it has 448 articles in 25 parts and 12 schedules. As of March 2019, there are a total of 103 amendments that have been made in the Indian constitution so far.

 

Part I

Article 1 – 4

Laws under which the States can be divided or merged with a simple Parliamentary Majority.

Part II

Article 5 – 11

Provision and laws for determining who shall be a citizen of India.

Part III

Article 12 – 35

Fundamental rights are captured in this part. The  Golden Triangle of rights: - Equality before the law, Right to freedom of speech and protection of life and liberty is the most import section of this part.

Part IV

Article 36 – 51

Directive Principles of State Policy, i.e. they largely promote the general welfare of the people, but they cannot be enforced.

Part IV-A

Article 51 A

Lists down the duties to be followed by the people of India even though they are not enforceable in nature.

Part V

Article 52 – 151

-    Article 52 to 62: Powers of the resident and the Executive;

-    Article 63 to 71: Powers of the Vice President;

-    Articles 79 to 122: Details of the Parliament;

-    Articles 124 to 147: Details of the Union Judiciary;

-    Articles 148 to 151: The role and duties of the Comptroller and Auditor General of India.

Part VI

Article 152 – 237

It lays down the duties, functions of a CM, his Ministers, the Governor, State The legislature, High courts and the Advocate General of the State.

Part VII

Article 238

This part deals with States but was repealed by the Constitution (Seventh Amendment) Act, 1956.

Part VIII

Article 239 to 241

Procedures of administration and provisions in Union Territories and special character of Delhi. Article 242 was repealed.

Part IX

Article 243 - 243 O

The Constitution of  Panchayats and Gram Sabha, their working duration, qualifications, responsibilities and powers.

Part IX-A

Article 243P - 243 ZG

The Constitution of Municipalities their working duration, qualifications, responsibilities and powers.

Part X

Article 244 - 244A

The procedures of administration for Scheduled and Tribal areas.

Part XI

Article 245 – 263

The distribution of  legislative powers between the Centre and the States. 

Part XII

Article 264 - 300A

The distribution of revenue between Union and States, the appointment of the Finance Commission, public accounts and etc.

Part XIII

Article 301 – 307

Deals with freedom of Trade, Commerce and Intercourse throughout India. It also mentions the power of the Parliament and state to impose restrictions on the same.

Part XIV

Article 308 - 323

Provisions of the Union Public Service Commission and the State Public Service Commission.

Part XIV-A

Article 323A - 323B

Deals with administrative tribunals. It was introduced to hear disputes and complaints regarding the Union, States or Local Government employees.

Part XV

Article 324 - 329A

Deals with the conduct of Elections and the Election Commission. 

Part XVI

Article 330 – 342

Certain provisions for Scheduled Castes, Scheduled Tribes and Anglo-Indian representation.

Part XVII

Article 343 – 351

The Official Language of the Union shall be Hindi in Devnagri script. 

Part XVIII

Article 352 – 360

The procedure and effects of procurement of Emergency.

Part XIX

Article 361 – 367

Miscellaneous provisions such as the protection of the President and other Legislators. 

Part XX

Article 368

Provides the power to the Parliament to amend the Constitution and procedure thereof.

Part XXI            

Article 369 – 392

Temporary power to the Parliament to make laws with respect to certain matters in the state list and concurrent list. Article 370 is repealed.

Part XXII

Article 393 – 395

Short title and the commencement of the Constitution.

All Comments