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Constitution of India - Meaning, Features & Significance

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akansha
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03/10/2024, 19:55 Constitution of India: Meaning, Features & Significance

Constitution of India: Meaning, Structure,


→Enactment, Features & Significance
By NEXT IAS Team - February 8, 2024
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Constitution of India

The Constitution of India, as the fundamental law of the land, embodies the values,
principles, and governance framework of our country. It serves as the supreme law,
guiding the state’s functioning and ensuring citizen’s rights and responsibilities. With
its roots grounded in historical struggles, philosophical ideals, and societal aspirations,
it reflects the nation’s collective journey toward democracy, justice, and equality. This
article of NEXT IAS aims to explain the meaning, structure, salient features,
significance, and other aspects of the Constitution of India.

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1. What is the Meaning of Constitution?


2. What is Constitution of India?
3. Structure of the Indian Constitution
3.1. Parts
3.2. Articles

3.3. Schedules
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4. Enactment and Adoption of the Indian Constitution


5. Salient Features of the Indian Constitution
6. Significance of the Constitution of India
7. Sources of the Constitution of India
8. Various Schedules of the Indian Constitution
9. Parts of the Constitution
10. Related Concepts
11. Frequently Asked Questions (FAQs)
11.1. When was the Constitution of India adopted?
11.2. Why the Constitution of India is called a bag of
Borrowing?
11.3. Who is known as the ‘Father of Indian Constitution’?
11.4. When do we Celebrate the Constitution Day?
11.5. What is the Philosophy of the Constitution of India?

What is the Meaning of Constitution?


A Constitution of a state is a fundamental set of principles or established precedents
according to which the state is governed. It outlines the organization, powers, and
limits of government institutions, as well as the rights and duties of citizens. It serves
as the supreme law of the land, providing a framework for the functioning of the
government, the protection of individual liberties, and the maintenance of social order.

What is Constitution of India?


The Constitution of India is the supreme law of the Republic of India. It lays down the
framework for the country’s political system, defining the powers and responsibilities
of government institutions, safeguarding fundamental rights, and outlining the
principles of governance. It is a set of rules and regulations guiding the administration
of a country.

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Structure of the Indian Constitution


The Indian Constitution is one of the longest and most detailed written constitutions in
the world. Various components of the structure of the Indian Constitution can be seen
as follows:

Parts
A “Part” of the Constitution refers to a division within the Constitution that groups
together Articles on similar subjects or themes.

The Indian Constitution is structured into various Parts, each dealing with a specific
aspect of the country’s legal, administrative, or governmental framework.

Originally, there were 22 parts in the Constitution of India. As of now, there are 25
parts of the Indian Constitution.

Articles
An “Article” refers to a specific provision or clause within the Constitution that
details various aspects of the country’s legal and governmental framework.

Each part of the constitution contains several articles numbered sequentially.

Originally, there were 395 articles in the Constitution of India. As of now, the Indian
Constitution contains 448 articles.

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Schedules

A “Schedule” refers to a list or a table attached to the Constitution that details


certain additional information or guidelines relevant to the constitutional provisions.

They provide clarity and supplementary details, making the Constitution more
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comprehensive and functional.

Originally, there were 8 schedules in the Constitution of India. As of now, there are
12 schedules in the Indian Constitution.

Enactment and Adoption of the Indian Constitution


The Constitution of India was framed by a Constituent Assembly which was
established in 1946. The President of the Constituent Assembly was Dr. Rajendra
Prasad.

On 29th August 1947, a resolution was moved in the Constituent Assembly for the
appointment of a Drafting Committee to draft a permanent constitution of India.
Accordingly, the Drafting Committee was appointed under the chairmanship of Dr.
B.R. Ambedkar.

The Drafting Committee took a total of 166 days, which was spread over 2 years,
11 months, and 18 days to prepare a draft constitution. The final draft of the
Constitution was introduced in the Constituent Assembly on 4th November 1948.

After many deliberations and some modifications, the Draft Constitution was
declared as passed by the Constituent Assembly on 26th November 1949. This is
known as the “Date of Adoption” of the Constitution of India.

A few provisions of the Constitution came into force on 26th November 1949.
However, the major part of the Constitution came into force on 26th January 1950,
making India a sovereign republic. This date is known as the “Date of Enactment”
of the Constitution of India.

Salient Features of the Indian Constitution


Lengthiest Written Constitution – The Constitution of India is the lengthiest of all
the written Constitutions of the world. It is a very comprehensive and detailed
document.
Several factors that have contributed to its elephantine size include – the need to
accommodate the vast diversity of the country, a single constitution for both the
Center and States, the presence of legal experts and luminaries in the
Constituent Assembly, etc.

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Drawn from Various Sources – The Constitution of India has borrowed most of its
provisions from the Government of India Act of 1935 as well as from the
constitutions of various other countries.


Blend of Rigidity and Flexibility – Constitutions are classified into – rigid (requires a
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special procedure for its amendment) and flexible (can be amended in the same
manner as ordinary laws are made).
The Constitution of India is neither rigid nor flexible, but a synthesis of both.

Federal System with Unitary Bias – The Constitution of India establishes a federal
system of government and contains all the usual features of a federation. However,
it also contains a large number of unitary or non-federal features.

Parliamentary Form of Government – The Constitution of India has adopted the


British Parliamentary System of Government. The parliamentary system is based on
the principle of cooperation and coordination between the legislative and executive
organs.

Synthesis of Parliamentary Sovereignty and Judicial Supremacy – The synthesis


of parliamentary sovereignty and judicial supremacy in India represents a delicate
balance between the authority of the legislature to enact laws and the power of the
judiciary to review and interpret these laws in light of constitutional principles.
While Parliament retains the ultimate authority to make laws, the judiciary
serves as the guardian of the Constitution, ensuring that parliamentary actions
adhere to constitutional norms and protect fundamental rights.

Integrated and Independent Judiciary – The Indian Constitution establishes an


integrated and independent judicial system in the country.
An integrated judicial system means that a single system of courts, comprising
of Supreme Court, High Courts, and Subordinate Courts, enforces both the
central laws as well as the state laws.

An independent judicial system means that the Indian judiciary operates


autonomously, free from the influence of the executive and legislative branches of
government.

Fundamental Rights – The Indian Constitution guarantees 6 fundamental rights to


all citizens, which promotes the idea of political democracy in the country. They
operate as limitations on the tyranny of the executive and arbitrary laws of the
legislature.

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Directive Principles of State Policy – The Indian Constitution contains a set of


principles in the form of Directive Principles of State Policy (DPSPs), which denote
the ideals that the state should keep in mind while formulating policies and enacting
laws.

The Directive Principles seek to establish a ‘Welfare State’ in India by promoting
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the ideal of social and economic democracy.

Fundamental Duties – The fundamental duties are a set of moral and civic
obligations outlined in the Constitution of India.
These duties serve as a guide for citizens to contribute towards building a strong
and harmonious nation.

A Secular State – The Constitution of India does not uphold any particular religion
as the official religion of the Indian State. Instead, it mandates that the state treat
all religions equally, refraining from favoring or discriminating against any
particular religion.

Universal Adult Franchise – The Indian Constitution adopts universal adult


franchise as the basis of elections to the Lok Sabha and the State Legislative
Assemblies.
Every citizen who is not less than 18 years of age has a right to vote without
any discrimination based on caste, race, religion, sex, literacy, wealth, and so on.

Single Citizenship – Single citizenship is a constitutional principle in India whereby


all citizens irrespective of the state in which they are born or reside enjoy the same
political and civil rights of citizenship all over the country, and no discrimination is
made between them.

Independent Bodies – The Indian Constitution has established certain independent


bodies which are envisaged as the bulwarks of the democratic system of
Government in India.

Emergency Provisions – The Indian Constitution contains emergency provisions to


enable the President to meet any extraordinary situation effectively.
The rationale behind the incorporation of these provisions is to safeguard the
sovereignty, unity, integrity, and security of the country, the democratic
political system, and the Constitution.

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Three-tier Government – The three-tier government refers to the division of


governmental powers and responsibilities among three levels- the central
government, state governments, and local governments (Panchayats and
Municipalities).

This decentralized system allows for effective governance by delegating
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authority to address regional and local issues, promoting participatory


democracy and grassroots development.

Co-operative Societies – The 97th Constitutional Amendment Act of 2011 gave


constitutional status and protection to co-operative societies.

Significance of the Constitution of India


Rule of Law – The Constitution establishes the framework for governance based on
the rule of law, ensuring that no individual, including government officials, is above
the law.

Protection of Rights – It guarantees fundamental rights to citizens, safeguarding


their freedoms of speech, expression, religion, and more, while also providing
mechanisms for legal redress if these rights are infringed upon.

Structure of Government – The Constitution delineates the structure of government,


defining the roles, powers, and limitations of the executive, legislative, and judicial
branches. This separation of powers prevents the concentration of authority and
promotes checks and balances.

Democratic Principles – Through provisions like a universal adult franchise, the


constitution upholds democratic principles by ensuring citizens’ participation in
governance through free and fair elections.

Stability and Continuity – The constitution provides stability and continuity in


governance, serving as a framework for guiding successive governments and
preventing abrupt changes in the political system.

National Unity – It fosters national unity by recognizing and respecting the diversity
of the populace while also promoting a sense of common citizenship and allegiance
to the nation.

Legal Framework – The constitution serves as the legal foundation upon which all
laws and regulations are based, providing consistency and coherence in the legal
system.

Adaptability – While providing a stable framework, the constitution also allows for
necessary amendments to accommodate changing societal needs and values,
ensuring its relevance over time.

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Sources of the Constitution of India


Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary,
Public Service Commissions, Emergency Provisions, and Administrative Details.

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British Constitution – Parliamentary System of Government, Rule of Law,


Legislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs,
Parliamentary Privileges, and Bicameralism.

US Constitution – Fundamental Rights, Independence of the Judiciary, Judicial


Review, Impeachment of the President, Removal of Supreme Court and High Court
Judges, and the Post of the Vice-President.

Irish Constitution – Directive Principles of State Policy, the Nomination of Members


to Rajya Sabha, and Method of Election of the President.

Canadian Constitution – Federation with a strong Centre, vesting of residuary


powers in the Centre, appointment of state governors by the Centre, and advisory
jurisdiction of the Supreme Court.

Australian Constitution – Concurrent List, Freedom of Trade, Commerce &


Intercourse, and a Joint Sitting of the two Houses of Parliament.

Weimar Constitution of Germany – Suspension of Fundamental Rights during


Emergency.

Soviet Constitution (USSR, now Russia) – Fundamental duties and the ideal of
Justice (Social, Economic, and Political) in the Preamble.

French Constitution – Republic and the ideals of Liberty, Equality, and Fraternity in
the Preamble.

South African Constitution – Procedure for amendment of the Constitution and


election of members of Rajya Sabha.

Japanese Constitution – Procedure established by law.

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Various Schedules of the Indian Constitution


Schedules Subject Matter Description

Names of the States and



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their territorial jurisdiction.


Schedule I Names of the Union –
Territories and their
extent.

This schedule outlines the


salaries of various
Provisions relating to the
constitutional dignitaries,
Schedule II emoluments, allowances,
such as the President, the
privileges, etc.
Vice President, the
Governor, etc.

This schedule provides the


forms of oaths and
affirmations for various
Forms of Oaths and
Schedule III constitutional dignitaries
Affirmations
such as MPs, MLAs,
judges of the Supreme
Court etc.

This schedule determines


the allocation of seats in
Allocation of Seats in the
Schedule IV the Rajya Sabha (Council
Rajya Sabha
of States) to states and
union territories.

Provisions as to the
Administration and
Schedule V Control of Scheduled –
Areas and Scheduled
Tribes

Provisions as to the
Administration of Tribal
Schedule VI Areas in the States of –
Assam, Meghalaya,
Tripura, and Mizoram

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Schedules Subject Matter Description

Presently, the Union List


Division of powers contains 100 subjects

→ between the Union and (originally 97), the State


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Schedule VII the States in terms of List contains 61 subjects


Union List, State List, and (originally 66) and the
Concurrent List. Concurrent List contains
52 subjects (originally 47).

Originally, it had 14
languages but presently
Languages recognized by there are 22 languages
Schedule VIII
the Constitution. such as Assamese,
Bengali, Bodo, Gujarati,
Hindi, etc.

It deals with the acts and


This schedule was added
regulations of the state
by the 1st Amendment
legislatures dealing with
Act of 1951, which
land reforms and the
Schedule IX protects the laws that
abolition of the zamindari
cannot be challenged on
system and the
the grounds of violating
Parliament deals with
fundamental rights.
other matters.

Provisions relating to This schedule was added


disqualification of the by the 52nd Amendment
Schedule X members of Parliament Act of 1985, also known
and State Legislatures on as the Anti-Defection
the ground of defection. Law.

Specifies the powers,


This schedule was added
authority, and
Schedule XI by the 73rd Amendment
responsibilities of
Act of 1992
Panchayats.

Specifies the powers,


This schedule was added
authority, and
Schedule XII by the 74th Amendment
responsibilities of
Act of 1992
Municipalities.

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Parts of the Constitution


Parts Subject Matter

I The Union and its Territory



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II Citizenship

III Fundamental Rights

IV Directive Principles of State Policy

IV-A Fundamental Duties

V The Union Government

VI The State Governments

VIII The Union Territories

IX The Panchayats

IX-A The Municipalities

IX-B The Co-operative Societies

X The Scheduled and Tribal Areas

XI Relations between the Union and the States

XII Finance, Property, Contracts, and Suits

XIII Trade, Commerce and Intercourse within the Territory of India

XIV Services under the Union and the States

XIV-A Tribunals

XV Elections

XVI Special Provisions relating to certain Classes

XVII Official Languages

XVIII Emergency |Provisions

XIX Miscellaneous

XX Amendment of the Constitution

XXI Temporary, Transitional and Special Provisions

XXII Short title, Commencement, Authoritative Text in Hindi, and Repeals

Note – Part-VII (The States in Part B of the First Schedule), has been deleted by the
7th Constitutional Amendment of 1956.

In conclusion, the Indian Constitution stands as a testament to the nation’s


democratic ideals and aspirations. Its meticulous crafting, rooted in historical struggles
and visionary principles, continues to guide India’s journey towards a more just,
inclusive, and prosperous society. The Indian Constitution stands as a testament to
upholding its values, fostering unity amidst diversity, and safeguarding the rights and
liberties of every citizen, thus ensuring a brighter future for generations to come.

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Related Concepts
Constitutionalism – Constitutionalism is a system where the Constitution is
supreme and the institution’s structure and processes are governed by

constitutional principles. It provides the template or framework within which the
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state has to carry out its operations. It also puts limitations on the government.

Classification of the Constitution – Constitutions across the world have been


classified into the following categories and sub-categories:

Type Form Example

Codified In Single Act (Document) USA, India

Uncodified Fully written (In few documents) Israel, Saudi Arabia

Partially unwritten New Zealand, United Kingdom

Frequently Asked Questions (FAQs)

When was the Constitution of India adopted?


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

Why the Constitution of India is called a bag of Borrowing?


The Constitution of India is called a “bag of borrowing” due to its extensive
adaptation of principles and provisions from various global sources. It amalgamates
elements from multiple constitutions, including the British, American, Irish, Canadian,
and others, reflecting India’s diverse legal heritage and democratic ideals.

Who is known as the ‘Father of Indian Constitution’?

Dr. B.R. Ambedkar is regarded as the “Father of the Indian Constitution” for his
pivotal role as the chairman of the Drafting Committee and his significant contributions
in shaping the provisions of the Indian Constitution.

When do we Celebrate the Constitution Day?


Constitution Day also famously known as ‘Samvidhan Divas’, is celebrated in our
country on 26th November every year to commemorate the adoption of the
Constitution of India.

What is the Philosophy of the Constitution of India?

The philosophy of the Constitution of India revolves around several key principles such
as Sovereignty, Equality, Justice, Liberty, Fraternity, Dignity, Secularism, Federalism,

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Democratic Principles, etc.


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NEXT IAS Team


https://www.nextias.com/

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