Indian Constitution, Salient Features, Preamble, Schedules & Other Details

Table of Contents

India Constitution UPSC Relevance

Constitution of India: India Constitution covers various constitutional provisions which is important for both UPSC Prelims 2023 and UPSC Mains Exam (Indian Constitution and Various Features).

India Constitution

Indian Constitution: The Indian Constitution provides the basic structure and framework for the political system in India. So, Constitution of India provides basic framework under which its people are to be governed.

The Constitution establishes the main part of the state, that is-

The legislature,
The executive and
The judiciary

The Indian Constitution also defines powers, roles and responsibilities of various organs of the State. It also defines and regulate their relationships with each other and with people also.

Beginning of the Indian Constitution

The People of India gave themselves the Indian Constitution. The Constitution of India was adopted by the Constituent Assembly on 26 Nov 1949.
However, It came into existence with full effect from 26 Jan 1950.
The Indian Constitution originally had 22 parts, 395 articles and 8 schedules. The constitution is amended from time to time.
During the last 70 years, there have been as many as 105 amendments. There are also 4 new schedules added to the constitution and the number of articles also increased.
The Indian Constitution is unique in terms of its spirit and unique features. The main feature of the Indian Constitution is to provide a set of basic framework and guidelines that .

Making of the Indian Constitution

For the first time in India, M.N. Roy put forward the idea of forming a Constituent Assembly for India In 1934. He was a pioneer of the communist movement in India.
The Indian National Congress in 1935 officially demanded the Constituent Assembly to frame the Indian Constitution.
On behalf of INC in the Year 1938, Jawaharlal Nehru declared that the constitution of free India must be framed without any outside interference, by the Constituent Assembly elected on the basis of an Adult franchise.

Working of the Constituent Assembly

Constituent Assembly was formed by the British India Government to frame a constitution. The first meeting of constituent assembly was held on December 9, 1946.
The Constituent Assembly meeting was attended by only 211 members, Dr. Sachchidananda Sinha, the oldest member, was elected as the temporary President of the Assembly.
After some time, Dr Rajendra Prasad was elected as the President of the Assembly and H.C. Mukherjee and V.T. Krishnamachari both were elected as the Vice-Presidents of the Assembly.

Drafting Committee of Indian Constitution

Among all the committees, Drafting Committee was the most important committee headed by Dr. Bhimrao Ambedkar.

Drafting Committee was set up on August 29, 1947. Drafting Committee was responsible for preparing a draft of the new Indian Constitution. It consisted of the following seven members-

Sno	Members
1	Dr. B.R. Ambedkar (Chairman)
2	N. Gopalaswamy Ayyangar
3	Alladi Krishnaswamy Ayyar
4	Dr. K.M. Munshi
5	Syed Mohammad Saadullah
6	N. Madhava Rau (He replaced B.L. Mitter who resigned due to ill-health)
7	T.T. Krishnamachari (He replaced D.P. Khaitan who died in 1948)

Indian Constitution Articles, Chapters and Amendments

There are a total of 22 parts in the Indian Constitution. All of these parts of the constitution of India deal with different subjects or areas of matter.
Part VII in the Indian Constitution was deleted by the 7th Constitutional Amendment Act of 1956. Part VII was dealing with Part-B states.
Also, part IV-A and Part XIV-A were added by the 42nd Constitutional Amendment Act of 1976, while Part IX-A was added by the 74th Constitutional Amendment Act of 1992, and Part IX-B was added by the 97th Constitutional Amendment Act of 2011.

List of Indian Constitution Articles, Parts and Associated Subjects
Parts	Subject	Articles
I	The Union and its territory	1 to 4
II	Citizenship	5 to 11
III	Fundamental Rights	12 to 35
IV	Directive Principles of State Policy	36 to 51
IV A	Fundamental Duties	51-A
V	The Union Government	52 to 151
VI	The State Governments	152 to 237
VII	The States in Part B of the First Schedule (deleted)	238 (deleted)
VIII	The Union Territories	239 to 242
IX	The Panchayats	243 to 243– 0
IX A	The Municipalities	243-P to 243-ZG
IX B	The Co-operative Societies	243-ZH to 243-ZT
X	The Scheduled and Tribal Areas	244 to 244- A
XI	Relations between the Union and the States	245 to 263
XII	Finance, Property, Contracts and Suits	264 to 300- A
XIII	Trade, Commerce and Intercourse within the Territory of India	301 to 307
XIV	Services under the Union and the States	308 to 323
XIV A	Tribunals	323-A to 323-B
XV	Elections	324 to 329- A
XVI	Special Provisions relating to Certain Classes	330 to 342- A
XVII	Official Language	343 to 351- A
XVIII	Emergency Provisions	352 to 360
XIX	Miscellaneous	361 to 367
XX	Amendment of the Constitution	368
XXI	Temporary, Transitional and Special Provisions	369 to 392
XXII	Short title, Commencement, Authoritative Text in Hindi and Repeals	393 to 395

Indian Constitution Preamble

The term ‘Preamble’ refers to the preface or introduction to the Indian Constitution. It contains the essence of the Constitution. The Preamble of the Indian Constitution is also called the ‘identity card of the Constitution.’
Preamble of the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.
Preamble has been amended by the 42nd Constitutional Amendment Act of 1976, which added three new words–Socialist, Secular and Integrity.

Ingredients of the Preamble

The Preamble reveals following ingredients :

Source of the authority of the Indian Constitution-It states that the Constitution derives its authority from the people of India.
Nature of Indian State- Preamble declares India to be of a socialists, sovereign, democratic, secular and republican polity.
Objectives of the Indian Constitution- It specifies liberty, justice, equality and fraternity as the objectives.
Constitution date of adoption: 26th November 1949

Indian Constitution Features

The salient features of the Indian Constitution are as follows:

Lengthiest Written Constitution
Drawn From Various Sources
Blend of Rigidity and Flexibility
Federal System with Unitary Bias
Parliamentary Form of Government
Synthesis of Parliamentary Sovereignty and Judicial Supremacy
Integrated and Independent Judiciary
Fundamental Rights
Directive Principles of State Policy
Fundamental Duties
A Secular State
Universal Adult Franchise
Single Citizenship
Independent Bodies
Emergency Provisions
Three-tier Government
Co-operative Societies

Borrowed Features of the Indian Constitution

Indian Constitution is often termed as borrowed constitution as many of its features derive their origin from the constitution of other countries.

A list of such borrowed features and their respective source country is given below:

List of Borrowed Features of Indian Constitution
Sources	Features Borrowed
Government of India Act of 1935	-Federal Scheme, -Office of Governor, -Judiciary, -Public Service Commissions, -Emergency provisions and -Administrative details
British Constitution	-Parliamentary government, -Rule of Law, -Legislative procedure, -Single citizenship, -Cabinet system, -Prerogative writs, -Parliamentary privileges and -Bicameralism.
US Constitution	-Fundamental rights, -Independence of judiciary, -Judicial review, -Impeachment of the president, -Removal of Supreme Court and high court judges -post of vice president.
Irish Constitution	-Directive Principles of State Policy, -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, -Advisory jurisdiction of the Supreme Court.
Australian Constitution	-Concurrent List, -Freedom of trade, -Commerce and intercourse, and -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 -Election of members of Rajya Sabha.
Japanese Constitution	The procedure was established by Law

Indian Constitution Schedules

In the Indian Constitution, there are a total of 12 schedules which are dealing with various subjects.

List of Constitutional Schedules
Constitutional Schedule	Subject Matter
First Schedule	1. Names of the States and their territorial jurisdiction. 2. Names of the Union Territories and their extent.
Second Schedule	Provisions relating to the emoluments, allowances, privileges and so on of: 1. The President of India 2. The Governors of States 3. The Speaker and the Deputy Speaker of the Lok Sabha 4. The Chairman and the Deputy Chairman of the Rajya Sabha 5. The Speaker and the Deputy Speaker of the Legislative Assembly in the states 6. The Chairman and the Deputy Chairman of the Legislative Council in the states 7. The Judges of the Supreme Court 8. The Judges of the High Courts 9. The Comptroller and Auditor General of India.
Third Schedule	Forms of Oaths or Affirmations for: 1. The Union ministers 2. The candidates for election to the Parliament 3. The members of Parliament 4. The judges of the Supreme Court 5. The Comptroller and Auditor General of India 6. The state ministers 7. The candidates for election to the state legislature 8. The members of the state legislature 9. The judges of the High Courts
Fourth Schedule	Allocation of seats in the Rajya Sabha to the states and the union territories.
Fifth Schedule	Provisions relating to the administration and control of scheduled areas and scheduled tribes.
Sixth Schedule	Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule	Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List). Presently, the Union List contains 98 subjects (originally 97), the State List contains 59 subjects (originally 66) and the Concurrent List contains 52 subjects (originally 47).
Eighth Schedule	Languages recognized by the Constitution. Originally, it had 14 languages but presently there are 22 languages. They are:Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu. Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992; and Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003. Oriya was renamed as ‘Odia’ by the 96th Amendment Act of 2011.
Ninth Schedule	Acts and Regulations (originally 13 but presently 282)32 of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review
Tenth Schedule	Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection. This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law
Eleventh Schedule	Specifies the powers, authority and responsibilities of Panchayats. It has 29 matters. This schedule was added by the 73rd Amendment Act of 1992.
Twelfth Schedule	Specifies the powers, authority and responsibilities of Municipalities. It has 18 matters. This schedule was added by the 74th Amendment Act of 1992.

Fundamental Rights (Articles 12-35)

Definition: Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment.
- Fundamental Rights (Articles 12-35) are applied without discrimination on the basis of race, religion, gender, etc.
About: The Fundamentals rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land.
- Rights literally mean those freedoms which are essential for personal good as well as the good of the community.
Key Mandate of Fundamental Rights: Fundamental Rights are provided in the Indian constitution with an aim to promote the ideals of political democracy in India.
Part of Indian Constitution: Fundamental Rights (Articles 12-35) are mentioned under Part-III of the Indian Constitution.
- Fundamental Rights (Articles 12-35) are also described as the Magna Carta of India.
Source of Fundamental Rights: Fundamental Rights (FRs) of the Indian Constitution derive their origin from the US Constitution (United States Bill of Rights).

Fundamental Rights (Articles 12 to 35)- List of Six Fundamental Rights

Originally, the Constitution of India Provided for Seven Fundamental Rights, however, the 44^th Constitutional Amendment Act deleted the ‘Right to Property from the list of Fundamental Rights and made it a legal right (Article 300-A) instead.

We have provided the List of Six Fundamental Rights-

Right to equality (Article 14-18): including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.
Right to Freedom (Article 19-22): Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation.
Right against exploitation (Article 23-24): Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.
Right to Freedom of Religion (Article 25-28): Right to freedom of conscience and free profession, practice, and propagation of religion.
Educational and Cultural Rights (Article 29-30): Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and
Right to constitutional remedies (Article 32) for enforcement of Fundamental Rights.