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The Constitution of India was adopted on 26 November 1949 and came into force on 26 January 1950. It consists of a preamble, a total of 475 articles, which are grouped into 25 parts, and 12 schedules. The Constitution declares India to be a Union of States and outlines the legislative powers of the two Houses of Parliament, the executive powers of the President, and the role of the Supreme Court in interpreting and upholding the Constitution. The Constitution has been amended numerous times since its enactment, with the most recent update being the 105th Amendment.
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What You'll Learn
- The Constitution of India was adopted on 26 November 1949 and became law on 26 January 1950
- The Constitution declares India a Union of States and outlines the powers retained by the States
- The Constitution establishes the roles of the President and Parliament in passing laws
- The Supreme Court ruled that amendments cannot destroy what they modify and cannot alter the Constitution's basic structure
- The Constitution has been translated from English into other languages, including Odia and Meetei Mayek
The Constitution of India was adopted on 26 November 1949 and became law on 26 January 1950
The Constitution of India is the longest written constitution in the world, with 448 articles in 25 sections and 12 timetables. It establishes a federal form of government, declaring India a “Union of States" in its first article. While the Constitution gives legislative powers to the two Houses of Parliament, it requires the President's signature for a bill to become law. The President is chosen by an electoral college composed of members of both the national and state legislatures, with votes assigned proportionally to the population of each state.
The Constitution provides for fundamental rights, assuring citizens justice, equality, and liberty, and endeavouring to promote fraternity. These rights are considered necessary for the development of the individual and are provided to every citizen without distinction. The Constitution also includes key limits on the powers of the states, giving final say in many cases to the national government.
The Constitution of India has been translated into various languages, including Odia, Bengali script, and Meetei Mayek (Meitei for 'Meitei writing system''). The translation process began in 2016 with the Directorate of Printing & Stationery of the Government of Manipur taking the lead. The Constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.
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The Constitution declares India a Union of States and outlines the powers retained by the States
The Constitution of India is the supreme legal document of India and the world's longest written national constitution. It lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.
The first article of the Constitution declares that India is a "Union of States". The phrase "Union of States" is preferred over "Federation of States" because the Indian Federation is not the result of an agreement among the States, and the States do not have the right to secede from the Union. The federation is a Union because it is indestructible. Although the country and its people can be divided into different States for administrative convenience, the country is an integral whole.
Under the Constitution, the States retain key powers for themselves and have a strong influence over the national government via the Rajya Sabha or Council of States. The Fourth Schedule of the Constitution lays out the number of seats that each State controls in the Council of States, and they are based roughly on each State's population. The members of each state legislature elect and appoint these representatives in the Council of States. On most topics, the Rajya Sabha is coequal with the lower house or Lok Sabha, and its consent is required for a bill to become a law.
The Constitution does provide key limits on the powers retained by the States and gives final say in many cases to the national government. For example, Article 75 declares that the Prime Minister and the Council of Ministers "shall hold office during the pleasure of the President", meaning the President has the constitutional power to dismiss the Prime Minister or Council at any time. Additionally, as one of the Houses of Parliament, any amendment to the Constitution requires a two-thirds majority in the Rajya Sabha.
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The Constitution establishes the roles of the President and Parliament in passing laws
The Constitution of India is the supreme legal authority, binding the legislative, executive, and judicial organs of government. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The Constitution grants all citizens Fundamental Rights and empowers the judiciary to invalidate laws or government actions that violate it.
The Constitution outlines the roles of the President and Parliament in passing laws. The President is the head of state and a component of Parliament. The President is responsible for ensuring laws passed by Parliament adhere to the Constitution and that stipulated procedures are followed before granting approval to bills. The President is elected by members of Parliament and state legislative assemblies and serves a five-year term.
Parliament is the primary institution responsible for lawmaking in India. It possesses a wide array of powers that underpin the country's democratic governance. The Constitution empowers Parliament to make laws on subjects outlined in the Union List and Concurrent List. The Union List enumerates matters on which Parliament has the exclusive power to legislate, while the Concurrent List includes areas where both Parliament and state legislatures can make laws. In cases of conflict between laws made by Parliament and state legislatures, Parliamentary laws prevail.
Parliament consists of two houses: the Lok Sabha (lower house) and the Rajya Sabha (upper house). Bills can originate in either house and become laws when passed by both houses and assented to by the President. The Rajya Sabha is coequal with the Lok Sabha, and its consent is required for a bill to become law.
During parliamentary recess, the President, acting on the advice of the Prime Minister, can unilaterally exercise legislative power by promulgating ordinances with the force of law. These ordinances are meant for situations requiring immediate action and expire six weeks after Parliament reconvenes or sooner if disapproved by both houses.
The Constitution also establishes the role of the Council of Ministers, led by the Prime Minister, in passing laws. The Council collectively assists the President and is responsible to the Lok Sabha. If the Prime Minister loses the support of the majority, the Lok Sabha can pass a motion of no-confidence, removing the Prime Minister and the entire Council of Ministers.
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The Supreme Court ruled that amendments cannot destroy what they modify and cannot alter the Constitution's basic structure
The Constitution of India, the supreme power of the nation, was adopted on 26 November 1949 and became the law of India on 26 January 1950. It is considered federal in nature and unitary in spirit, with a three-tier governmental structure (central, state, and local), a division of powers, bicameralism, and an independent judiciary. The Indian Constitution is the world's most frequently amended national governing document.
The Basic Structure Doctrine, introduced in the Kesavananda Bharati judgment, revolutionized the interpretation of constitutional amendments. The doctrine safeguards against arbitrary amendments, protecting foundational values and ensuring the Constitution’s stability. While Parliament has the power to amend various parts of the Constitution, including Fundamental Rights, it cannot alter the ‘basic structure’. The Supreme Court plays a crucial role in this regard, ensuring that constitutional amendments do not undermine the core values and principles of the Constitution.
In the case of Shankari Prasad vs Union of India (1951), the Supreme Court upheld the First Amendment Act, asserting Parliament's power to amend the Constitution, including fundamental rights, under Article 368. However, in the case of Golaknath vs State of Punjab (1967), the Court ruled that Parliament could not amend fundamental rights, declaring constitutional amendments as "laws" subject to Article 13's judicial review.
The 24th Constitutional Amendment Act of 1971 restored Parliament's authority to amend any part of the Constitution, overriding the restrictions imposed by the Golaknath case. In the Kesavananda Bharati vs State of Kerala (1973) case, the Supreme Court upheld Parliament’s amendment power but introduced the Basic Structure Doctrine, limiting amendments that undermine constitutional principles.
The Supreme Court has invalidated parts of certain amendments, such as in the Minerva Mills vs Union of India (1980) case, where it affirmed judicial review as integral to the Constitution’s basic structure. In Waman Rao vs Union of India (1981), the Court upheld the Ninth Schedule’s protection for pre-1973 laws but subjected post-Kesavananda Bharati laws to judicial review.
In summary, while Parliament has the power to amend the Indian Constitution, the Supreme Court has ruled that amendments cannot destroy what they modify and cannot alter the Constitution's basic structure. The Basic Structure Doctrine ensures that the core values and principles of the Constitution are protected, maintaining the balance of power and safeguarding fundamental rights.
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The Constitution has been translated from English into other languages, including Odia and Meetei Mayek
The Constitution of India is the supreme legal document of India and is the longest written national constitution in the world. It lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It was adopted on 26 November 1949 and came into effect on 26 January 1950. The Constitution gives legislative powers to the two Houses of Parliament, but an Act of Parliament only becomes law when it has been authenticated by the President of India. While the President does not have the power to veto the legislation, they can send it back to Parliament for reconsideration.
The Constitution was first translated from English into Odia and published on 1 April 1981 as 'ଭାରତର ସମ୍ବିଧାନ' (romanised: "Bharatara Sambidhana"). This was made possible through the collective efforts of the Government of Odisha and the Union Government of India. On 26 November 2023, the then Chief Minister of the Government of Manipur, Nongthombam Biren Singh, officially released the diglot edition of the Constitution of India in the Meetei Mayek (Meitei for 'Meitei writing system') in the Manipuri language and English. This was the first time in history that the Constitution was made available in this format, containing up to the 105th Amendment of the Constitution. The bilingual edition was released as part of the Constitution Day celebrations (National Law Day) of the Republic of India and made available in all educational institutions, government offices, and public libraries across the Manipur state.
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Frequently asked questions
The Constitution of India contains 395 Articles, 12 Schedules, and 117 Amendments.
The Constitution of India outlines the country as a
The Constitution of India covers a wide range of topics, including citizenship, equality, and the powers of the President and Parliament. For example, Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. Article 352 outlines the Proclamation of Emergency, while Article 369 gives Parliament temporary power to make laws regarding certain matters in the State List.
