The Constitution of India
Making of the Constitution
Constituent Assembly: Formed in 1946 under Cabinet Mission Plan. Total members: 389 (later 299 after Partition). Chaired by Dr. Rajendra Prasad.
Drafting Committee: Chaired by Dr. B.R. Ambedkar (also called "Father of the Constitution"). Other members included Jawaharlal Nehru, Alladi Krishnaswami Ayyar, Gopalaswami Ayyangar.
Adopted: 26 November 1949 (Constitution Day / Law Day). Came into force: 26 January 1950 (Republic Day).
Time taken: 2 years, 11 months, 18 days.
Key Features
- Lengthiest written constitution in the world (originally 395 articles, 8 Schedules; now 470 articles, 12 Schedules after amendments)
- Federal with unitary bias: India is a "Union of States" — not a federation. Centre is stronger than states.
- Parliamentary government: President is constitutional head; real power with PM and Cabinet
- Fundamental Rights + DPSP: Rights + Duties framework
- Independent judiciary: Supreme Court can strike down laws
- Universal adult franchise: All citizens 18+ can vote (voting age reduced from 21 to 18 by 61st Amendment, 1989)
- Secularism: State has no official religion; equal respect for all religions (42nd Amendment, 1976)
Borrowed Features
| Feature | Borrowed from |
|---|---|
| Parliamentary government | Britain |
| Fundamental Rights | USA |
| Directive Principles | Ireland |
| Federal structure | Canada |
| Emergency provisions | Germany (Weimar) |
| Concurrent List | Australia |
| Fundamental Duties | USSR (Soviet Union) |
| Supreme Court writ jurisdiction | Britain |
Important Articles
| Article | Provision |
|---|---|
| 1 | India, that is Bharat, shall be a Union of States |
| 13 | Laws inconsistent with FRs shall be void |
| 14–35 | Fundamental Rights |
| 36–51 | Directive Principles |
| 51A | Fundamental Duties |
| 52 | There shall be a President of India |
| 74 | Council of Ministers to aid and advise President |
| 79 | Parliament consists of President + Rajya Sabha + Lok Sabha |
| 110 | Definition of Money Bill |
| 123 | President's ordinance-making power |
| 124 | Supreme Court establishment |
| 148 | Comptroller and Auditor General |
| 226 | High Court writ jurisdiction |
| 280 | Finance Commission |
| 324 | Election Commission of India |
| 343 | Hindi = official language of India |
| 352 | National Emergency |
| 356 | President's Rule in states |
| 360 | Financial Emergency |
| 368 | Amendment of the Constitution |
Parliament of India
Structure
Article 79: Parliament consists of: 1. President (non-sitting member) 2. Rajya Sabha (Council of States) — Upper House 3. Lok Sabha (House of the People) — Lower House
Rajya Sabha (Council of States)
- Maximum strength: 250 (238 elected + 12 nominated by President — distinguished persons in art, literature, science, social service)
- Current strength: 245
- Elected by: State Legislative Assemblies (MLAs) by single transferable vote (proportional representation)
- Term: 6 years (not dissolved; 1/3 members retire every 2 years)
- Chairman: Vice President of India (ex-officio). Deputy Chairman elected by members.
- Special powers: Rajya Sabha can pass a resolution (by 2/3 majority) enabling Parliament to legislate on State List subjects (Article 249)
Lok Sabha (House of the People)
- Maximum strength: 552 (530 from states + 20 from UTs + 2 nominated Anglo-Indians — 104th Amendment abolished Anglo-Indian nomination from 2020)
- Elected by: Direct election by adult franchise
- Term: 5 years (can be dissolved earlier by President on PM's advice)
- Speaker: Elected by Lok Sabha members. Presides, certifies Money Bills, disqualification decisions.
- Special powers: Money Bills introduced only in Lok Sabha. Can pass a No-Confidence Motion against government.
Sessions of Parliament
Three regular sessions: 1. Budget Session: February – May (longest) 2. Monsoon Session: July – August 3. Winter Session: November – December
Quorum: 1/10 of total membership of each House.
Joint Sitting (Article 108): Convened by President when Houses deadlock on a bill (not Money Bill, Constitution Amendment Bill). Chaired by Speaker of Lok Sabha.
Legislative Process
Ordinary Bill: 1. Introduction in either House 2. Second reading: general discussion 3. Committee stage 4. Third reading: voting 5. Same process in other House 6. Presidential assent
Money Bill (Article 110):
- Only in Lok Sabha
- Rajya Sabha can suggest amendments (14 days) but Lok Sabha can ignore
- President's assent mandatory (no pocket veto for Money Bills)
Constitutional Amendment (Article 368):
- Special majority: 2/3 of members present and voting + absolute majority (more than 50% of total membership) in each House
- Some provisions require ratification by half the state legislatures (federalism-related amendments)
The Executive
President of India
Article 52: There shall be a President.
Election: Elected indirectly by Electoral College — elected members of both Houses of Parliament + elected members of all State Legislative Assemblies. Value of votes is determined by state population.
Qualification: Indian citizen, 35+ years, eligible for Lok Sabha membership.
Term: 5 years. Can be re-elected. Removed only by impeachment (Article 61) — special majority in both Houses.
Powers:
- Executive: All executive powers of Union vest in President; exercised on advice of Cabinet (Article 74)
- Legislative: Summons/prorogues Parliament; dissolves Lok Sabha; addresses joint sessions; ordinance power (Article 123)
- Financial: Annual Financial Statement (Budget) presented to Parliament; Finance Commission appointed by President
- Judicial: Pardoning power (Article 72) — grant pardon, reprieve, respite, remission, commutation of sentences
- Emergency: Declares National Emergency (352), President's Rule (356), Financial Emergency (360)
Current President: Droupadi Murmu (elected 2022, first tribal woman President of India).
Vice President
Article 63: There shall be a Vice President.
Election: Elected by Electoral College of both Houses of Parliament (not state legislatures).
Role: Ex-officio Chairman of Rajya Sabha; acts as President when office falls vacant.
Prime Minister and Council of Ministers
Article 74: Council of Ministers shall aid and advise the President.
Article 75: PM appointed by President; other ministers appointed on PM's advice.
Real executive power: Cabinet (PM + Cabinet Ministers). President must act on Cabinet's advice (44th Amendment, 1978 — President can send advice back once for reconsideration, but must accept the re-sent advice).
Collective responsibility: Council of Ministers collectively responsible to Lok Sabha. If Lok Sabha passes a No-Confidence Motion, all ministers resign.
Individual responsibility: Each minister responsible to President for their department.
Constitutional Amendments — Key
| Amendment | Year | Key Change |
|---|---|---|
| 1st | 1951 | Ninth Schedule added (land reform laws protected from judicial review) |
| 7th | 1956 | Reorganisation of states on linguistic basis |
| 24th | 1971 | Parliament can amend any part including FRs |
| 42nd | 1976 | Added "Socialist," "Secular," "Integrity" to Preamble; added Fundamental Duties |
| 44th | 1978 | Removed right to property from FRs; Art 20 and 21 cannot be suspended |
| 52nd | 1985 | Anti-defection law (Tenth Schedule) |
| 61st | 1989 | Voting age reduced from 21 to 18 |
| 73rd | 1992 | Constitutional status to Panchayati Raj (Part IX) |
| 74th | 1992 | Constitutional status to Urban Local Bodies (Part IXA) |
| 86th | 2002 | Right to Education (Art 21A) — free compulsory education for 6–14 years |
| 91st | 2003 | Council of Ministers ≤ 15% of House strength |
| 101st | 2016 | GST |
| 103rd | 2019 | 10% EWS reservation |
Board Exam Tips
- Constitution adopted: 26 November 1949. In force: 26 January 1950.
- Drafting Committee chairman: Dr. B.R. Ambedkar. Constituent Assembly President: Dr. Rajendra Prasad.
- Rajya Sabha: elected by MLAs. Lok Sabha: direct election by citizens.
- Speaker certifies Money Bills. Money Bill introduced only in Lok Sabha.
- 42nd Amendment (1976): Socialist + Secular added to Preamble.
- 44th Amendment (1978): Right to property removed as FR; Art 20, 21 cannot be suspended.
- President elected by Electoral College (MPs + MLAs). VP elected by MPs only.
- Pardoning power: President (Art 72) for Union laws; Governor (Art 161) for state laws.