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Introduction to the Constitution of India

The Indian Constitution is unique in both spirit and content. Notwithstanding the
fact that several features of the constitution have been borrowed from other
constitutions from all around the world, it is really a unique piece of work. The
original constitution have been considerably changed by the various amendments
that have been brought forth such as the 7th, 42nd, 44th, 73rd and 74th
Amendments.

The constitution has many borrowed features. The country’s founding fathers
were wise enough to borrow good features from different nations and mould a
constitution that best suits India. The influences from other constitutions are
listed below.
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Features of Indian Constitution

The chief features of the Indian Constitution are described below:

Federal System with Unitary Bias

The constitution establishes a federal government system in India. All the

expected features of a federal state such as two government levels, division of
power, supremacy and rigidity of the constitution, written constitution and
bicameralism are present. But, the constitution also contains many features of a
unitary form of government such as single citizenship, strong centre, single
constitution, flexibility of constitution, all-India services, integrated judiciary,
appointment of state governor by the Centre, emergency provisions, and so on. In
addition, the term ‘federation’ is not mentioned in the constitution. Article 1 says
India is a ‘Union of States’, implying –

1. The Indian federation is not the result of an agreement by the states.

2. States do not have the right to secede from the federation.

Parliamentary Form of Government

The parliamentary form, borrowed from the British system, is based on the
principle of cooperation and coordination between the legislative and executive.
This form of government is alternatively known as the Westminster model of
government. It is also called responsible government and cabinet government.
According to the constitution, not only the centre, the parliamentary form is
followed even in the states.

In India, the features of the parliamentary form of government are as follows:

1. Nominal and real executives

2. Rule of the majority party

3. Collective responsibility of the executive to the legislature

4. Membership of the ministers in the legislature

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5. Leadership of the prime minister or the chief minister

6. Dissolution of the lower House

There are some basic differences between the Indian and the British models, even
though both follow the parliamentary form of government. The Indian parliament
is not a sovereign body; the British Parliament is. Also, the Indian State has an
elected head (since it is a republic) while the British head is hereditary (since
Britain is a constitutional monarchy)

Parliament: Structural and Functional Dimensions

1. According to Article 79, there is a Parliament and 2 Houses or chambers –

the House of the People (Lok Sabha) and the Council of States (Rajya
Sabha).

2. The President is the head of the executive and also a constituent part of the
legislature. He performs many functions with regard to the Parliament.

3. However, the president cannot sit in or take part in the discussions in the
houses.

4. The president summons and prorogues the houses whenever required.

5. He is also a vital part of the process of legislation in India as he has to give

his assent to every bill passed before it can become a law.

6. He has the power to dissolve the Lok Sabha.

7. At the start of the first session after each general election to the Lok Sabha
and at the commencement of the first session each year, the President
addresses both the chambers which is known as the special address.

8. Article 123 also gives the president the power to promulgate ordinances.
(Read about President in the linked article.)
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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.

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.
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 They provide clarity and supplementary details, making the Constitution

more 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.

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History of Indian Constitution – Indian Independence Act 1947

 India was declared independent and sovereign.

 The Viceroy and the Governors were made constitutional (nominal) heads.

 Set up responsible governments at the centre and the provinces.

 Assigned both legislative and executive powers to the Constituent Assembly

of India.
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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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Conclusion

The Indian Constitution is a testament to India's democratic ideals and

aspirations. It is a flexible and tolerant document that reflects India's diversity and
evolving socio-political landscape. Here are some conclusions about the Indian
Constitution:
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Reference

https://byjus.com/question-answer/what-is-indian-constitution/

https://whttps://en.wikipedia.org/wiki/Constitution_of_Indiaww.india.gov.in/my-
government/constitution-india

https://www.nextias.com/blog/constitution-of-india/
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SR.NO Content Page .no

1. Introduction 1
2. Image 2
3 Features 3
4 Structure 5
5 History 7
6 Significant 8
7 Conclusion 9
8 Reference 10
9 Index 11
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