Indian Constitution Basics

Dr. B.R. Ambedkar is known as the Father of the Indian Constitution. He was the Chairman of the Drafting Committee of the Constituent Assembly and played the most crucial role in drafting the constitution.

The Constituent Assembly took 2 years, 11 months and 18 days to draft the Constitution. The Assembly first met on 9 December 1946 and the Constitution was adopted on 26 November 1949.

India has the longest written constitution in the world. Originally it had 395 articles, 8 schedules, and 22 parts. Currently it has around 448 articles, 12 schedules, and 25 parts after numerous amendments.

The concept of Fundamental Rights in the Indian Constitution is borrowed from the Constitution of the USA. The Bill of Rights in the US Constitution served as the model for Fundamental Rights in India.

The Indian Constitution currently has 12 schedules. Originally it had 8 schedules; 4 more were added through amendments. The schedules contain detailed provisions on specific subjects like languages, anti-defection law, etc.

The Preamble begins with "We the People of India", emphasizing that the ultimate source of authority in India rests with the people. This reflects the principle of popular sovereignty.

The 42nd Constitutional Amendment (1976) during Emergency added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble. This amendment is also called the 'Mini Constitution'.

The Cabinet System (Parliamentary form of government) was borrowed from the UK (Britain). India follows the Westminster model with the Prime Minister as the head of government and a Council of Ministers collectively responsible to the Parliament.

The Directive Principles of State Policy (Part IV) were borrowed from the Irish Constitution of 1937. They are non-justiciable guidelines for the state to achieve socio-economic justice.

Dr. Rajendra Prasad was the President of the Constituent Assembly of India. He later became the first President of India when the Constitution came into force on 26 January 1950.

The Objectives Resolution was moved by Jawaharlal Nehru on 13 December 1946, which laid down the ideals and philosophy of the Indian Constitution and became the basis for the Preamble.

The Eighth Schedule of the Indian Constitution contains the list of officially recognized languages. Originally 14 languages were listed; currently there are 22 scheduled languages after amendments.

India has a federal structure with a strong Centre. Unlike classic federations like the USA, in India the Union government has overriding powers in many situations, including during emergencies.

Part III of the Indian Constitution (Articles 12-35) deals with Fundamental Rights. These are justiciable rights guaranteed to all citizens and can be enforced through the Supreme Court under Article 32.

The doctrine of Judicial Review, which gives courts the power to declare laws unconstitutional, was borrowed from the USA. However, India's judicial review is more limited compared to the US as parliament has the power to amend the constitution.

Article 17 of the Indian Constitution abolishes untouchability in any form. The practice of untouchability is declared a punishable offence under the Protection of Civil Rights Act, 1955.

The Emergency provisions (Articles 352-360) in the Indian Constitution were borrowed from the Weimar Constitution of Germany. These provisions allow for suspension of federal features and concentration of powers at the Centre during crises.

India follows Single Citizenship (unlike the USA which has dual citizenship — state and national), borrowed from the UK. Every Indian is a citizen of India, not of any specific state.

Article 326 of the Indian Constitution provides for Universal Adult Franchise — the right to vote for all citizens above 18 years of age (reduced from 21 to 18 by the 61st Amendment in 1989) without discrimination.