STRUCTURE OF THE CONSTITUTION

 

                        2.STRUCTURE OF THE CONSTITUTION

Preamble to the Constitution

ü  Defines the basic structure and spirit of the Constitution

ü  Serves as a guiding tool for the interpretation of the Constitution

ü  Does not bestow any rights

ü  The words Socialist and Secular were added to the Preamble by the 42^nd Amendment 1976 (during the Emergency)

ü  It is introduction of the Constitution.

ü  It is summary of the whole constitution.

ü  It tells about ‘what constitution is all about’.

The Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Meaning of:

1)   Sovereign:

Ultimate Power of state. Country is independent externally & supreme internally. Country does not acknowledge any power outside its territory as superior. It traces all its power within the boundary of the country.

2)   Socialism:

Constitution does not explicitly describe socialism.

Supreme Court: It should be understood on the basis of Directive Principles of State Policy.

3)   Secularism:

State shall be neutral in religious choice. Religious neutralism is part of state, is basis of secularism. It ensures equality among citizens.

4)   Democracy:

Government of the People by the People.

Article 326: Right to Universal Adult Suffarage.

5)   Republic:

Head of state is elected ( Not a hereditary Monarch).

Aspirations:

1)   Justice: Social < 15,16,17>, Economic <39> & Political <19 & 326>.

2)   Liberty: Thought & Expression <19>, Faith , belief & worship <25 to 28>.

3)   Equality: Status & Opportunity.

4)   Fraternity: Sense of brotherhood that prevails among all people of the country.

5)   Unity & Integrity.      

Sources of Indian Constitution:

USA	Fundamental Rights, Judicial Review
UK	Parliamentary form of Government, Single Citizenship
Ireland	Directive Principles of State Policy
Canada	Division of power between Centre & States & Powerful state
Australia	Concurrent List
South Africa	Amendment procedure
Germany	Emergency Provisions
Japan	Fundamental Duties

Parts of the Constitution

Parts are individual chapters in the Constitution, each focused on a particular field of law. Each Part contains articles that address the issues in question. There are 24 Parts to the Constitution.

Part	Focus	Article	Deals with
I	The Union and its Territory	1 2 3	Name and territory of Union Admission of new states Creation of new states, alteration of existing
II	Citizenship	5 6 9	Citizenship at the commencement of the Constitution Citizenship of migrants from Pakistan Persons acquiring foreign citizenship not to be citizens
III	Fundamental Rights	12 14 15 17 23 24 26 29	Definition Equality before law Prohibition of discrimination Abolition of untouchability Prohibition of human trafficking and forced labour Prohibition of child labour Freedom to manage religious affairs Protection of minority interests
IV	Directive Principles and Fundamental Duties	40 41 42 44 45 46 49 50	Organisation of village panchayats Right to work, education and public assistance Humane work conditions and maternity relief Uniform civil code Free and compulsory education for children Promote interests of SC/ST, other weaker sections Protection of monuments/places of national importance Separation of judiciary from executive
V	The Union	52-62 63-69 74 76 80 81 84 89 93 107 108 124 125 127	President of India Vice-President of India Council of Ministers Attorney-General for India Composition of the Council of States Composition of the House of the People Qualification for membership to Parliament Chairman & Deputy Chairman of the Council of States Speaker & Deputy Speaker of the House of the People Provisions for the introduction and passing of bills Joint sitting of both houses Establishment and constitution of the Supreme Court Appointment of the Chief Justice Appointment of additional judges
VI	The States	153-160 163 170 171 173 214 223 224 225 235	Governor of the state Council of Ministers Composition of the Legislative Assemblies Composition of the Legislative Councils Qualification for membership to state legislature High Courts Appointment of the Chief Justice Appointment of additional judges Jurisdiction of the High Courts Control over subordinate courts
VIII	Union Territories	239 239A 239AA 241	Administration of Union Territories Legislatures for certain UTs (esp. Pondicherry) Special Provisions for NCT Delhi High Courts for UTs
IX	Panchayat and Municipalities	243A 243B 243G	Gram Sabha Composition of Panchayats Authority and responsibility of Panchayats
XI	Relation b/w the Union and States	244-255 256-261 262 263	Distribution of legislative powers Administrative relations Disputes relating to water Co-ordination between states
XII	Finance	268-281 300A	Distribution of revenue b/w Union and states Right to property
XV	Elections	324-329
XVII	Languages	343-344 345-347 348-349	Official languages of the Union Language of the states Language of the Supreme Court and High Courts

Schedules of the Constitution
Schedules are lists in the Constitution that categorized by bureaucratic activity of government. They refer to Articles and hence overlap with Parts of the Constitution.

Schedule	Focus	Schedule	Focus
First	States and Union Territories	Seventh	Union, State and Concurrent list
Second	Emoluments of higher level officials	Eighth	Official languages
Third	Forms of Oaths	Ninth	Land reform, accession of Sikkim
Fourth	Allocation of seats in the Rajya Sabha	Tenth	Anti-defection provisions for MPs and MLAs
Fifth	Administration of Scheduled Areas and STs	Eleventh	Rural development
Sixth	Administration of tribal areas in Assam	Twelfth	Urban planning

 

MODIFYING THE CONSTITUTION

Amendments to the Constitution

• Allowed by Article 368 of the Constitution
• Amendments can happen in three ways
• Simple majority of Parliament
• Special majority of Parliament
• Special majority of Parliament and ratification by at least half of the state legislatures by a special majority
• Indian Constitution is the most frequently amended governing document in the world
• Supreme Court struck down two amendments for violation of basic structure of Constitution
• 39^th Amendment: election of Executive beyond scrutiny of courts, 1975 (during Emergency)
• Parts of 42^nd Amendment: reduced power of Supreme Court and High Courts to judge constitutionality of laws, 1976 (during Emergency)
• There have been a total of 94 amendments, as of 2009

Important of Amendments to the Constitution

For a full list of Amendments, see here.

Amendment no.	Enacted	Objectives
1	June 1951	Secure validity for zamindari abolition laws Place restrictions on freedom of speech Protect laws contrary to fundamental rights
7	Nov 1956	Reorganize states on linguistic lines Introduce Union Territories
12	Dec 1961	Incorporate Goa, Daman and Diu as UTs following acquisition from Portugal
13	Dec 1963	Formation of Nagaland
14	Dec 1962	Incorporate Pondicherry into India Create Legislative Assemblies for HP, Tripura, Manipur, Goa
22	Sep 1969	Form autonomous states within the State of Assam
23	Jan 1970	Extend reservation for SC/STs and nomination of Anglo Indians for another 10 years (up to 1980)
26	Dec 1971	Abolition of privy purse paid to former rulers of princely states
28	Aug 1972	Rationalize Civil Service rules
31	Oct 1973	Increase size of Parliament from 525 to 545 Increased seats go to newly formed states in NE
36	Apr 1975	Incorporation of Sikkim within the Indian Union
45	Jan 1980	Extend reservation for SC/STs for another 10 years (i.e. up to 1990)
52	Mar 1985	Anti-defection law
61	Mar 1989	Lower voting age from 21 to 18
69	Feb 1992	Provide for legislative assembly for NCT Delhi Delhi continues to be a UT
70	Dec 1991	Include NCT Delhi and Pondicherry in the electoral college for Presidential election
71	Aug 1992	Include Konkani, Manipuri, Nepali as National Languages
79	Jan 2000	Extend reservation for SC/STs for another 10 years (i.e. up to 2010)
86	Dec 2002	Provide right to education until the age of 14 Provide early childhood care until the age of 6
90	Sep 2003	Reservation in Assam Assembly relating to Bodoland Territory Area
91	Jan 2004	Restrict cabinet size to 15% of legislative members Strengthen anti-defection laws
93	Jan 2006	Reservation for OBCs in government and private educational institutions