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Indian Constitution — Parts, Articles, Schedules and Amendments

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Topic 5

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  • Indian Constitution adopted on January 26, 1950; longest written constitution in the world with 448 articles originally (after many amendments)
  • Parts of Constitution: 22 parts, 12 schedules; covers Fundamental Rights, Directive Principles, Union/State Governments, Judiciary, Elections, etc.
  • Fundamental Rights (Part III): Right to Equality, Freedom, Against Exploitation, Cultural/Educational Rights, Constitutional Remedies
  • Directive Principles (Part IV): Non-justiciable; guide the state in policymaking; include Gandhian, Liberal Intellectual, and Socialistic directives
  • Parliament: Supreme legislative body; Lok Sabha + Rajya Sabha + President
  • ⚡ “Basic Structure Doctrine” (Kesavananda Bharati, 1973): Certain features of the Constitution are so basic they cannot be amended — this limits parliamentary power to amend the Constitution

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Indian Constitution and Political System

The Indian Constitution is the foundational legal document of the country. Understanding its key features and the political system is essential for any well-informed citizen, especially a bank officer who must understand the regulatory and legal environment.

The Constitution of India

Background

  • Constituent Assembly: Drafted between 1946-1949; first session on December 9, 1946
  • Chairman: Dr. Rajendra Prasad (later first President)
  • Drafting Committee Chairman: Dr. B.R. Ambedkar
  • Adopted: November 26, 1949
  • Effective: January 26, 1950 (Republic Day)

Key Features

  1. Longest Written Constitution: Originally 448 articles in 22 parts, 8 schedules
  2. Sovereign, Socialist, Secular, Democratic Republic: The Preamble was amended in 1976 to add Socialist, Secular, and Integrity
  3. Quasi-federal: Union of States; strong central government with defined state powers
  4. Parliamentary System: Government responsible to Parliament
  5. Integrated and Independent Judiciary: Single judiciary system
  6. Fundamental Rights and Directive Principles: Unique combination of rights and guiding principles
  7. Adult Suffrage: Universal adult franchise from the beginning

Parts and Schedules

Important Parts:

  • Part I: The Union and its Territory
  • Part III: Fundamental Rights (Articles 12-35)
  • Part IV: Directive Principles of State Policy (Articles 36-51)
  • Part IVA: Fundamental Duties (Article 51A)
  • Part V: The Union
  • Part VI: The States
  • Part XI: Relations between Union and States

Important Schedules:

  • 1st: States and Union Territories
  • 2nd: Governor, CM, Minister salaries
  • 3rd: Forms of oaths
  • 7th: Union List, State List, Concurrent List (subjects of legislation)

Fundamental Rights (Part III)

These are justiciable (enforceable in courts). There are 6 Fundamental Rights:

1. Right to Equality (Articles 14-18)

  • Article 14: Equality before law; equal protection of law
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth
  • Article 16: Equality of opportunity in public employment
  • Article 17: Abolition of Untouchability
  • Article 18: Abolition of titles (except military/academic)

2. Right to Freedom (Articles 19-22)

  • Article 19: Six freedoms (now 7 after 44th Amendment):
    • Freedom of speech and expression
    • Freedom to assemble peacefully
    • Freedom to form associations
    • Freedom to move freely throughout India
    • Freedom to reside and settle in any part of India
    • Freedom to practice any profession
    • (New) Freedom to profess, practice and propagate any religion
  • Article 20: Protection in respect of conviction for offences
  • Article 21: Protection of life and personal liberty — broadest and most important right
  • Article 21A: Right to education (added 2002)
  • Article 22: Protection against arrest and detention

3. Right Against Exploitation (Articles 23-24)

  • Article 23: Prohibition of traffic in human beings, begar
  • Article 24: Prohibition of employment of children below 14 in factories

4. Right to Freedom of Religion (Articles 25-28)

  • Freedom of conscience and free profession of religion
  • Freedom to manage religious affairs
  • Freedom from payment of taxes for religious purposes
  • Freedom from religious instruction in certain institutions

5. Cultural and Educational Rights (Articles 29-30)

  • Rights of minorities to protect their language/script/culture
  • Right of minorities to establish educational institutions

6. Right to Constitutional Remedies (Article 32)

  • Right to move Supreme Court for enforcement of Fundamental Rights
  • Dr. Ambedkar called this the “heart and soul” of the Constitution

Directive Principles of State Policy (Part IV)

These are non-justiciable (cannot be enforced in court) but are fundamental in governance.

Three Categories:

Gandhian Principles (Articles 40, 43, 43B, 47):

  • Village Panchayats, cottage industries, cooperative farming, prohibition

Liberal Intellectual Principles (Articles 44, 45, 48, 51):

  • Uniform civil code, free and compulsory education, agriculture and animal husbandry, environment protection

Socialistic Principles (Articles 38, 39, 41, 42, 43, 43A):

  • Social justice, equal means of livelihood, equal justice, right to work, living wage

Union Executive

President of India

  • Head of State; Supreme Commander of Armed Forces
  • Elected: By elected members of Parliament and State Legislative Assemblies (proportional representation)
  • Term: 5 years; eligible for re-election
  • Real Power: Limited — acts on advice of Council of Ministers
  • Emergency Powers: Under Article 352 (National Emergency), Article 356 (President’s Rule)

Vice President

  • Elected: By members of Parliament (both houses)
  • Serves as: Ex-officio Chairman of Rajya Sabha
  • Term: 5 years

Prime Minister

  • Head of Government; real executive power
  • Appointed by: President (usually leader of majority in Lok Sabha)
  • Council of Ministers: PM + Cabinet Ministers + Ministers of State + Deputy Ministers

Parliament

Lok Sabha (House of the People)

  • Lower House; directly elected by people
  • Maximum 552 members (530 states, 20 UTs, 2 Anglo-Indian nominated)
  • Term: 5 years (unless dissolved early)
  • Money Bill: Originated only in Lok Sabha; Rajya Sabha cannot amend; can only recommend

Rajya Sabha (Council of States)

  • Upper House; indirectly elected by elected MLAs of state assemblies
  • Maximum 250 members (233 elected + 12 nominated)
  • Term: 6 years; 1/3 retire every 2 years
  • Cannot be dissolved
  • Has equal say in ordinary bills; lesser role in Money bills

Supreme Court

  • Composition: Chief Justice of India (CJI) + 33 other judges
  • Appointed by: President (after consultation with judges)
  • Jurisdiction:
    • Original jurisdiction in disputes between Union and States
    • Appellate jurisdiction in constitutional, civil, criminal matters
    • Writ jurisdiction under Article 32 (enforcement of Fundamental Rights)
    • Advisory jurisdiction on questions of public importance
  • Landmark Cases: Kesavananda Bharati (1973) — Basic Structure Doctrine; Menaka Gandhi (1978) — Right to Privacy

🔴 Extended — Deep Study (3mo+)

Comprehensive coverage for students on a longer study timeline.

Amendments to the Constitution

Key Amendments:

  • 1st Amendment (1951): Added 9th Schedule to protect certain laws from judicial review; amended Article 15
  • 42nd Amendment (1976): Added Socialist, Secular, Integrity to Preamble; added many DPSPs
  • 44th Amendment (1978): Restored democracy after Emergency; added 7th freedom under Article 19
  • 73rd Amendment (1992): Panchayati Raj institutions given constitutional status
  • 74th Amendment (1992): Municipalities given constitutional status
  • 101st Amendment (2016): GST amendment; created GST Council

Emergency Provisions

National Emergency (Article 352):

  • Declared when President is satisfied that security is threatened by war, external aggression, armed rebellion
  • Emergency declared in 1971 (war with Pakistan); 1975-77 (Internal Emergency — Indira Gandhi)
  • During Emergency: Fundamental Rights under Article 19 suspended; President can amend fundamental rights

President’s Rule (Article 356):

  • When a state cannot be run according to constitutional provisions
  • State government dismissed; Governor rules on behalf of President

State Government

Chief Minister

  • Head of State Government
  • Appointed by Governor (usually majority party leader)
  • Council of Ministers responsible to Legislative Assembly

Legislative Assembly (Vidhan Sabha)

  • Directly elected; one or more per state
  • Maximum 500, minimum 60 members
  • Can make laws on State List and Concurrent List

Legislative Council (Vidhan Parishad)

  • Upper House of some states; indirect election
  • Not all states have it (e.g., UP, Maharashtra, Karnataka have it)
  • Can delay bills but not block them indefinitely

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