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Home / IAS Preparation / Constitution of India

Constitution of India: A Comprehensive Overview

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Introduction

The Constitution of India is the supreme law of the land, serving as the guiding framework for the governance of the country. Adopted on 26th November 1949, it came into effect on 26th January 1950, marking India's transition to a sovereign, socialist, secular, and democratic republic.

Understanding the Indian Constitution holds immense significance for civil service aspirants. This article aims to give an in-depth overview highlighting key features and roles of the Constitution of India for UPSC candidates. The constitution comes under the polity section of GS Paper 1 for prelims as well as GS Paper 2 for mains. 

This article provides a detailed examination of the various aspects and key features of the Indian Constitution.

Historical Background

The Constitution of India was drafted by the Constituent Assembly formed in 1946. It consisted of 299 members elected by provincial assemblies across India. Dr. Rajendra Prasad was elected as its President.

A Drafting Committee was constituted with the task of drafting the constitution. Dr. B.R. Ambedkar, regarded as the 'Father of the Indian Constitution', was appointed Chairman of the Drafting Committee.

Considering India's vast size, diversity, and complex social fabric, it took the Drafting Committee three years to complete the task. The Committee held eleven sessions spanning 165 days. The deliberations were extensive in order to develop a constitution that would address India's varied needs and lay the foundation for a strong, unified, and prosperous nation.

Hence, the Indian Constitution is the outcome of thorough and meticulous effort, debate, and discussion by the best minds of the times representing different regions and communities of India. The objective was to design a document that would not only serve the interests of the newly independent nation but also hold it together.

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Components of the Indian Constitution

The Indian Constitution consists of a Preamble, fundamental rights, directive principles of state policy, the Union government structure, state government structures, and constitutional amendments.

Constitution of India – Preamble

The Preamble to the Constitution of India lays out the basic framework and guiding principles of the Constitution. It presents the vision of the Constitution makers for independent India.

The key elements of the Preamble are:

  • We, the People of India: The Preamble begins with "We, the people of India". This signifies that the Constitution has been adopted by the citizens of India and it belongs to them.
  • Sovereign - India is free and independent and has the right to govern itself.
  • Socialist - The economy aims to secure social and economic justice for all citizens.
  • Secular - The state remains neutral on matters of religion.
  • Democratic - Power resides in the people and is exercised by them through elected representatives.
  • Republic - The head of state is elected by the people and is not a monarch.
  • Justice, Liberty, Equality, Fraternity: The values of Justice, Social, Economic, and Political; Liberty of thought, expression, belief, faith, and worship; Equality of status and opportunity; and Fraternity assuring the dignity of individuals and unity of the nation are enshrined.
  • Dignity of the Individual: The Preamble aims to secure for all citizens Justice, Liberty, and Equality and to promote among them Fraternity, assuring the Dignity of the Individual.
  • Unity and Integrity: The Preamble aims to promote Unity and Integrity of the Nation.
  • Common Good: The citizens are to strive to enhance the Common Good- material, cultural and moral well-being of the people.
  •  Securing Country: The Preamble also seeks to Secure all citizens' Justice, Liberty, and Equality for promoting the Common Good and Enhancing the Dignity of the Individual.

Fundamental Rights

The Fundamental Rights enshrined in Part III of the Constitution guarantee individual liberties and are considered the cornerstone of a democratic society. This section discusses each Fundamental Right in detail, such as the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.

Directive Principles of State Policy

The Directive Principles of State Policy, enshrined in Part IV of the Constitution, provide guidelines to the state for socio-economic development, welfare, and the establishment of a just society. This segment examines the significance and classification of Directive Principles, focusing on areas such as social justice, economic empowerment, and environmental protection.

Union and State Governments

India follows a federal system of governance, where powers are divided between the Union (central) government and the state governments. This section elaborates on the distribution of powers, and the role and functions of the President, Prime Minister, Council of Ministers, Governor, Chief Minister, and the Parliament.

Judiciary

The Indian judiciary is an independent and impartial institution responsible for upholding the rule of law. This part delves into the structure and functioning of the judiciary, including the Supreme Court, High Courts, subordinate courts, and the appointment and removal of judges. It also highlights the significance of judicial review in safeguarding the Constitution's supremacy.

Fundamental Duties

Our constitution added Fundamental Duties in 1976. These duties are things citizens must do to help India.

There are 11 Fundamental Duties for citizens. They tell citizens to respect the national flag, promote harmony, protect environment, and more.

Fundamental Duties teach citizens how they must act for the good of the nation and society. They build civic sense - the sense of duty towards your country.

Emergency Provisions

During times of crisis, the Constitution provides for the declaration of emergencies to ensure the nation's stability and security. This section explains the different types of emergencies - national, state, and financial - and the implications they have on the functioning of the government and individual rights.

Important Amendments of the Constitution of India

While the Indian Constitution lays down an elaborate procedure for amendment, it is fairly flexible. Parliament can amend the Constitution by following certain rules. Consequently, several amendments have been made over the years to keep the Constitution relevant and responsive.

Some key amendments include

The 42nd Amendment (1976): It introduced the concept of "basic structure" but also made extensive changes during the Emergency, giving more powers to the Central government. Hence, it is also referred to as the "Mini Constitution".

The 44th Amendment (1978): It reversed various changes incorporated by the 42nd Amendment. It restored the original constitutional position of fundamental rights, powers of the President, privileges of parliamentarians, and supremacy of the judiciary.

Why Constitution of India is called Bag of Borrowing?

The Constitution of India is often called a 'bag of borrowing' for the following reasons:

  • Our constitution has ideas from many places. Other countries helped make our constitution.
  • People who made our constitution looked at constitutions from the U.S., Canada, Australia, Ireland, and other places. They took good rules from these places and put them in our constitution.
  • Our constitution also has ruled from England. England ruled India for a long time. So our constitution kept the old rules about how the Prime Minister and government work.
  • Our constitution got the idea of different states from the U.S. Constitution. But India made some changes to fit our country.
  • The role of the President and ministers in our constitution came from the U.K. constitution.
  • Rules about rights and equal treatment came from the Irish constitution.
  • The idea of free and fair elections in our constitution came from Australia.
  • So our constitution has rules from many countries. The people who made our constitution picked the best rules to fit India.

So in summary, though original in many respects, the Indian Constitution architects drew upon and adopted well-established principles and provisions from the constitutions of other liberal democracies. This makes it deserving of the label 'bag of borrowing'.

Conclusion

Our constitution is very important for India. It shows that India believes in democracy, equal rights, and justice for all.

The Constitution has rules for how the government works, what rights citizens have, and how to treat people equally. These rules have helped India become a free and fair democracy with elections. Our constitution protects the rights of poor people and minorities. It tells the government to make laws for education, jobs, and health care. This helps reduce poverty.

The constitution also separates the work of the different parts of government. This checks that no one part has too much power.

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Constitution of India FAQs

The Constitution of India was adopted on November 26, 1949.

Dr. B.R. Ambedkar, a prominent jurist, and social reformer, played a pivotal role in the drafting of the Indian Constitution as the Chairman of the Drafting Committee.

The Constitution of India is the supreme legal document that establishes the framework for the governance of India. It defines the fundamental rights and duties of citizens, outlines the powers and responsibilities of the government, and sets forth the principles and values on which the nation is based.

Our Constitution has a special copy called the Bare Act. The Bare Act only has the exact rules written in the Constitution. It does not have any extra explanations or notes.

The Constitution of India came into effect on January 26, 1950, marking the official establishment of India as a sovereign, socialist, secular, and democratic republic.

An introduction to the Constitution of India provides a brief overview of its historical background, key features, and guiding principles. It offers an introductory understanding of the document's purpose and significance.
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