The Indian Constitution: A Comprehensive Framework for Democracy and Governance”
Introduction
Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to the Constitution of India. In today’s blog post, we aim to shed light on the prevailing issues surrounding The Constitution of India, the legal framework for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
The Constitution of India is a testament to the wisdom and vision of the leaders who framed it. As Dr. B. R. Ambedkar, the principal architect of the Indian Constitution, once said, “I feel that the constitution is workable, it is flexible, and it is strong enough to hold the country together both in peacetime and in wartime.” The Constitution was adopted by the Constituent Assembly on January 26, 1950, making India a sovereign republic. It has since served as the bedrock of the nation’s governance. This article delves into the various parts of the Indian Constitution, highlighting its significance and evolution over time.
The Supreme Law of the Land
The Indian Constitution is not just a legal document; it is the supreme law of the land. It outlines the framework for making laws, governing the country, and establishing the structure, policies, procedures, powers, and duties of the Union and State governments. It enshrines the Fundamental Rights, Directive Principles, and Duties of Indian citizens.
The Constitution’s Genesis
The journey to drafting the Indian Constitution began on August 29, 1947, when the Constituent Assembly set up a Drafting Committee. Chaired by Dr. B.R. Ambedkar and consisting of six other members, the committee’s task was to frame the Indian Constitution. The constitutional adviser was B.N. Rau. While the Constitution was inspired by the British model, it also drew from various international sources. For instance, the Preamble took inspiration from the United States and declared India as a “Sovereign, Socialist, Secular, Democratic, Republic.”
Evolution of the Constitution
The Indian Constitution has seen numerous amendments and refinements over the years. Originally consisting of 395 Articles, 8 Schedules, and 22 Parts, it has now grown to include 448 Articles, 12 Schedules, and 25 Parts, amended 101 times. One of the most substantial amendments was the 42nd Amendment in 1976, often referred to as the “Mini-Constitution.” The latest amendment, the 101st, introduced the Goods and Service Tax (GST), a significant tax reform post-independence.
Crucial Components of the Constitution
The Constitution comprises twelve Schedules, each serving distinct purposes, such as territorial demarcations of states and union territories, provisions for government officials, affirmations and oaths, allocation of seats in the Rajya Sabha, administration of scheduled areas, governance of tribal areas in the North-East, division of legislative powers into Union, State, and Concurrent Lists, languages recognized by the Constitution, laws immune to judicial review, disqualification criteria for legislators, provisions for Panchayats, and provisions for municipalities.
Exploring the Parts of the Constitution
The Constitution is divided into 25 parts, originally 22, addressing various aspects of governance and society: The Indian Constitution comprises Twelve Schedules:
- Territorial Demarcations of States and Union Territories
- Provisions for the President, Governor, and Senior Executives
- Affirmations and Oaths
- Allocation of Seats in the Rajya Sabha
- Administration and Control of Scheduled Areas
- Administration of Tribal Areas of North-East
- Union, State, and Concurrent Lists
- Languages (22)
- Laws immune to Judicial Review
- Disqualification on grounds of Defection
- Provisions for Panchayats
- Provisions for Municipalities
Parts of the Constitution
The Indian Constitution is divided into 25 parts, an expansion from the original 22:
PART I – The Union and Its Territory: This section outlines India’s division into States and Union Territories, provides the authority to alter boundaries and names, and addresses territorial annexations.
PART II – Citizenship: It details the qualifications for Indian citizenship and the provisions for acquiring, losing, or forfeiting it.
PART III – Fundamental Rights: This pivotal section enshrines core rights that citizens enjoy, including equality before the law, prohibition of discrimination, freedom of speech, protection of life and personal liberty, and more. These rights are essential foundations for the legal framework.
PART IV – Directive Principles of State Policy: These principles guide the Union and State governments to create a just, humane, and welfare-oriented society, aiming to reduce inequality and secure citizens’ overall well-being.
PART IV-A – Fundamental Duties: Inspired by the Russian Constitution, this section outlines the responsibilities of citizens toward the nation. While not enforceable in court, they serve as a moral compass for the people.
PART V – Government at the Union Level: This part covers the powers and roles of the President, Prime Minister, Parliament, and the Comptroller and Auditor General.
PART VI – Government at the State Level: Detailing the duties of the Chief Minister, Governor, State Legislature, High Courts, and the Advocate General of the State.
PART VI-A – Union Territories: This section addresses the administration of Union Territories and their special character, highlighting the power of the Lieutenant Governor.
PART IX – The Panchayats: Discusses the constitution of Panchayats, their authority, financial management, and more, with an emphasis on local self-government.
PART IX-A – The Municipalities: Similar to Part IX but for municipalities, it outlines their formation, roles, and financial management.
PART X – Scheduled and Tribal Areas: Describes the administration of Scheduled and Tribal areas, with special provisions for their development and protection.
PART XI – Relations between the Union and States: Discusses the distribution of legislative powers between the Centre and States, the extent of laws each can enact, and the roles they play in various situations.
PART XII – Finance, Property, Contracts, and Suits: Addresses revenue distribution, the appointment of the Finance Commission, contracts, taxes, and financial emergencies.
PART XIII – Trade, Commerce, and Intercourse within the Territory of India: Focuses on freedom of trade, commerce, and intercourse throughout India, providing power to Parliament and States to impose restrictions.
PART XIV – Services under the Union and the States: Describes the roles and functions of the Union and State Public Service Commissions.
PART XIV-A – Tribunals: Introduced in 1976, this part deals with administrative tribunals’ composition, jurisdiction, and powers.
PART XV – Elections: Details the conduct of elections, the role of the Election Commission, and the reservation of seats for specific groups.
PART XVI – Special Provisions relating to Certain Classes: Addresses the reservation of seats for Scheduled Castes, Scheduled Tribes, and Anglo-Indian communities in legislatures.
PART XVII – Official Language: Focuses on the use of Hindi as the official language and provisions for regional languages.
PART XVIII – Emergency Provisions: Borrowed from the German Constitution, this part describes the declaration, effects, and powers during emergencies.
PART XIX – Miscellaneous: Covers the protection of the President and other legislators, as well as the definitions of key terms.
PART XX – Amendment of the Constitution: This crucial part provides Parliament with the power to amend the Constitution, though the basic structure remains unalterable.
PART XXI – Temporary, Transitional, and Special Provisions: Gives Parliament temporary powers to make laws related to specific matters in the State and Concurrent lists. Article 370 grants special status to Jammu and Kashmir.
PART XXII – Short Title, Commencement, Authoritative Text in Hindi and Repeals: Concludes the Constitution by naming it and setting its commencement date. It also repeals past enactments.
PART XXIII – Legal Framework for Panchayats and Municipalities: Introduced via the 73rd and 74th Amendments in 1992, this part explains the legal framework for Panchayats and Municipalities.
PART XXIV – Right to Education: Added through the 86th Amendment Act, it ensures that children between 6-14 years receive compulsory education.
Conclusion
The Indian Constitution, celebrated as the soul of the nation, reflects the hopes and aspirations of its people. It blends tradition with modernity, provides for democratic governance, and champions fundamental rights. As India continues to evolve and grow, the Constitution remains an unshakeable foundation for its journey toward justice, liberty, equality, and fraternity.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to the Constitution.