Constitution Of India Pdf
It has long been contended that the Indian Constitution of 1950, a document in English. Drawing upon the previously unexplored records of the Supreme Court of India, A People's Constitution upends this narrative. Introduction [PDF]. THE CONSTITUTION OF INDIA. PART XIII TRADE,COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA Art.( 301-307 ) PART XIV.
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Preamble |
Fundamental Rights PART I ∙ II ∙ III ∙ IV ∙ IVA ∙ V ∙ VI ∙ VII VIII ∙ IX ∙ IXA ∙ IXB ∙ X ∙ XI ∙ XII ∙ XIII ∙ XIV XV ∙ XVI ∙ XVIA ∙ XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI XXII |
First ∙ Second ∙ Third ∙ Fourth ∙ Fifth Sixth ∙ Seventh ∙ Eighth ∙ Ninth Tenth ∙ Eleventh ∙ Twelfth |
I ∙ II ∙ III ∙ IV ∙ V |
List ∙ 1 ∙ 2 ∙ 3 ∙ 4 ∙ 5 ∙ 6 ∙ 7 ∙ 8 ∙ 9 ∙ 10 ∙ 11 ∙ 12 ∙ 13 ∙ 14 ∙ 15 ∙ 16 ∙ 17 ∙ 18 ∙ 19 ∙ 20 ∙ 21 ∙ 22 ∙ 23 ∙ 24 ∙ 25 ∙ 26 ∙ 27 ∙ 28 ∙ 29 ∙ 30 ∙ 31 ∙ 32 ∙ 33 ∙ 34 ∙ 35 ∙ 36 ∙ 37 ∙ 38 ∙ 39 ∙ 40 ∙ 41 ∙ 42 ∙ 43 ∙ 44 ∙ 45 ∙ 46 ∙ 47 ∙ 48 ∙ 49 ∙ 50 ∙ 51 ∙ 52 ∙ 53 ∙ 54 ∙ 55 ∙ 56 ∙ 57 ∙ 58 ∙ 59 ∙ 60 ∙ 61 ∙ 62 ∙ 63 ∙ 64 ∙ 65 ∙ 66 ∙ 67 ∙ 68 ∙ 69 ∙ 70 ∙ 71 ∙ 72 ∙ 73 ∙ 74 ∙ 75 ∙ 76 ∙ 77 ∙ 78 ∙ 79 ∙ 80 ∙ 81 ∙ 82 ∙ 83 ∙ 84 ∙ 85 ∙ 86 ∙ 87 ∙ 88 ∙ 89 ∙ 90 ∙ 91 ∙ 92 ∙ 93 ∙ 94 ∙ 95 ∙ 96 ∙ 97 ∙ 98 ∙ 99 ∙ 100 ∙ 101 ∙ 102 ∙ 103 |
as of March 2019, there have been 103[1]amendments to the Constitution of India since it was first enacted in 1950.[2]
There are two types of amendments to the constitution which are governed by article 368.
- The first type includes amendments that can be effected by Parliament of India by a prescribed ‘special majority’; and
- The second type of amendments includes those that require, in addition to such 'special majority', ratification by at least one half of the State Legislatures. The second type amendments that are made to the constitution are amendments # 3, 6, 7, 8, 13, 14, 15, 16, 22, 23, 24, 25, 28, 30, 31, 32, 35, 36, 38, 39, 42, 43, 44, 45, 46, 51, 54, 61, 62, 70, 73, 74, 75, 79, 84, 88, 95, 99, 101, 102 and 103.[3]
List[edit]
No. | Amendments | Enforced since | Objectives | Prime Minister | President |
---|---|---|---|---|---|
1 | 15, 19, 85, 87, 174, 176, 341, 342,,, 372 and 376. Insert articles 31A and 31B. Insert schedule 9.[4] | 10th May 1951 | Added special provision for the advancement of any socially and educationally backward classes or for the Scheduled Castes and the Scheduled Tribes. To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect against laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law. | Jawaharlal Nehru | Rajendra Prasad |
2 | Amend article 81(1)(b).[5] | 1 May 1953 | Removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b). | ||
3 | Amend schedule 7.[6] | 22 February 1955 | Re-enacted entry 33 of the Concurrent List in the Seventh Schedule with relation to include trade and commerce in, and the production, supply and distribution of four classes of essential commodities, viz., foodstuffs, including edible oil seeds and oils; cattle fodder, including oilcakes and other concentrates; raw cotton whether ginned or unginned, and cotton seeds; and raw jute. | ||
4 | Amend articles 31, 35 band 305. Amend schedule 9.[7] | 27 April 1955 | Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution. | ||
5 | Amend article 3.[8] | 24 December 1955 | Empowered the President to prescribe a time limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States. Also permitted the President to extend the prescribed limit, and prohibited any such bill from being introduced in Parliament until after the expiry of the prescribed or extended period. | ||
6 | Amend articles 269 and 286. Amend schedule 7.[9] | 11 September 1956 | Amend the Union and State Lists with respect to raising of taxes. | ||
7 | Amend articles 1, 3, 49, 80, 81, 82, 131, 153, 158, 168, 170, 171, 216, 217, 220, 222, 224, 230, 231 and 232. Insert articles 258A, 290A, 298, 350A, 350B, 371, 372A and 378A. Amend part 8. Amend schedules 1, 2, 4 and 7.[10] | 1 November 1956 | Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories. | ||
8 | Amend article 334.[11] | 5 January 1960 | Extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and Anglo-Indians in the Lok Sabha and the State Legislative Assemblies till 1970. | ||
9 | Amend schedule 1.[12] | 28 December 1960 | Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc. | ||
10 | Amend article 240. Amend schedule 1.[13] | 11 August 1961 | Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal. | ||
11 | Amend articles 66 and 71.[14] | 19 December 1961 | Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament. Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college. | ||
12 | Amend article 240. Amend schedule 1.[15] | 20 December 1961 | Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal. | ||
13 | Amend article 170. Insert new article 371A.[16] | 1 December 1963 | Formation of State of Nagaland, with special protection under Article 371A. | Sarvepalli Radhakrishnan | |
14 | Amend articles 81 and 240. Insert article 239A. Amend schedules 1 and 4.[17] | 28 December 1962 | Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa. | ||
15 | Amend articles 124, 128, 217, 222, 224, 226, 297, 311 and 316. Insert article 224A. Amend schedule 7.[18] | 5 October 1963 | Raise retirement age of High court judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc. | ||
16 | Amend articles 19, 84 and 173. Amend schedule 3.[19] | 5 October 1963 | Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligtory templates. | ||
17 | Amend article 31A. Amend schedule 9.[20] | 20 June 1964 | To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution. | ||
18 | Amend article 3.[21] | 27 August 1966 | Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories. | Lal Bahadur Shastri | |
19 | Amend article 324.[22] | 11 December 1966 | Abolish Election Tribunals and enable trial of election petitions by regular High Courts. | ||
20 | Insert article 233A.[23] | 22 December 1966 | Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgment invalidating appointments of certain judges in the state of Uttar Pradesh. | ||
21 | Amend schedule 8.[24] | 10 April 1967 | Include Sindhi as an Official Language. | Indira Gandhi | |
22 | Amend article 275. Insert articles 244A and 371B.[25] | 25 September 1969 | Provision to form Autonomous states within the State of Assam. | V. V. Giri | |
23 | Amend articles 330, 332, 333 and 334.[26] | 23 January 1970 | Discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Extend reservation for SC/ST and Anglo Indian members in the Lok Sabha and State Assemblies for another ten years, i.e. up to 1980. | ||
24 | Amend articles 13 and 368.[27] | 5 November 1971 | Enable parliament to dilute fundamental rights through amendments to the constitution. | ||
25 | Amend article 31. Insert article 31C.[28] | 20 April 1972 | Restrict property rights and compensation in case the state takes over private property. However, the Supreme Court quashed a part of Article 31C, to the extent it took away the power of judicial review. This was done in the landmark case of Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225 which for the first time enunciated the Basic structure doctrine. | ||
26 | Amend article 366. Insert article 363A. Remove articles 291 and 362.[29] | 28 December 1971 | Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic. | ||
27 | Amend articles 239A and 240. Insert articles 239B and 371C.[30] | 15 February 1972 | Reorganization of Mizoram into a Union Territory with a legislature and council of ministers. | ||
28 | Insert article 312A. Remove article 314.[31] | 29 August 1972 | Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence. | ||
29 | Amend schedule 9.[32] | 9 June 1972 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | ||
30 | Amend article 133.[33] | 27 February 1973 | Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law. | ||
31 | Amend articles 81, 330 and 332.[34] | 17 October 1973 | Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise. | ||
32 | Amend article 371. Insert articles 371D and 371E. Amend schedule 7.[35] | 1 July 1974 | Protection of regional rights in Telangana and Andhra regions of State of Andhra Pradesh. | ||
33 | Amend articles 101 and 190.[36] | 19 May 1974 | Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker. | ||
34 | Amend schedule 9.[37] | 7 September 1974 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | Fakhruddin Ali Ahmed | |
35 | Amend articles 80 and 81. Insert article 2A. Insert schedule 10.[38] | 1 March 1975 | Terms and Conditions for the Incorporation of Sikkim into the Union of India. | ||
36 | Amend articles 80 and 81. Insert article 371F. Remove article 2A. Amend schedules 1 and 4. Remove schedule 10.[39] | 26 April 1975 | Formation of Sikkim as a State within the Indian Union. | ||
37 | Amend articles 239A and 240.[40] | 3 May 1975 | Formation of Arunachal Pradesh legislative assembly. | ||
38 | Amend articles 123, 213, 239B, 352, 356, 359 and 360.[41] | 1 June 1975 | Enhances the powers of President and Governors to pass ordinances. | ||
39 | Amend articles 71 and 329. Insert article 329A. Amend schedule 9.[42] | 10 August 1975 | Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi's election to parliament. Amendment placed restrictions on judicial scrutiny of post of Prime Minister. The amendment was introduced and passed in the Lok Sabha on August 7, 1975 and again introduced and passed in the Rajya Sabha on August 8, 1975. As many as 17 State Assemblies, summoned on Saturday, August 9 ratified this amendment and President Fakhruddin Ali Ahmad gave his assent on Sunday, August 10 and the civil servants issued gazette notification on Sunday, August 10, 1975. As a consequence of this amendment to the Constitution of India, Supreme Court of India's scheduled hearing on August 11, 1975 of Petition challenging Prime Minister Indira Gandhi's election became infructuous.[43] Later however, Article 329A was struck down by the Supreme Court in case of Indira Nehru Gandhi vs Shri Raj Narain 1976 (2) SCR 347, for being in violation of basic structure. | ||
40 | Amend article 297. Amend schedule 9.[44] | 27 May 1976 | Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India. Place land reform & other acts and amendments to these act under Schedule 9 of the constitution. | ||
41 | Amend article 316.[45] | 7 September 1976 | Raise Retirement Age Limit of Chairmen and Members of Joint Public Service Commissions and State Public Service Commissions from sixty to sixty two. | ||
42 | Amend articles 31, 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368 and 371F. Insert articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A. Insert parts 4A and 14A. Amend schedule 7.[46] | 2 November 1976 | Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a 'Socialist Secular' Republic. However, the Supreme Court, in Minerva Mills v. Union of India, quashed the amendments to Articles 31C and 368 as it was in contravention with the basic structure of the Constitution. | ||
43 | Amend articles 145, 226, 228 and 366. Remove articles 31D, 32A, 131A, 144A, 226A and 228A.[47] | 13 April 1978 | Amendment passed after revocation of internal emergency in the Country. Repeals some of the more 'Anti-Freedom' amendments enacted through Amendment Bill 42. | Morarji Desai | Neelam Sanjiva Reddy |
44 | Amend articles 19, 22, 30, 31A, 31C, 38, 71, 74, 77, 83, 103, 105, 123, 132, 133, 134, 139A, 150, 166, 172, 192, 194, 213, 217, 225, 226, 227, 239B, 329, 352, 356, 358, 359, 360 and 371F. Insert articles 134A and 361A. Remove articles 31, 257A and 329A. Amend part 12. Amend schedule 9.[48] | 6 September 1978 | Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42. | ||
45 | Amend article 334.[49] | 25 January 1980 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990. | Indira Gandhi | |
46 | Amend articles 269, 286 and 366. Amend schedule 7.[50] | 2 February 1983 | Amendment to negate judicial pronouncements on scope and applicability on Sales Tax. | Zail Singh | |
47 | Amend schedule 9.[51] | 26 August 1984 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | ||
48 | Amend article 356.[52] | 26 August 1984 | Article 356 amended to permit President's rule up to two years in the state of Punjab. | ||
49 | Amend article 244. Amend schedules 5 and 6.[53] | 11 September 1984 | Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council. | ||
50 | Amend article 33.[54] | 11 September 1984 | Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure. | ||
51 | Amend articles 330 and 332.[55] | 29 April 1984 | Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh in Loksabha, similarly for Meghalaya and Arunachal in their Legislative Assemblies. | ||
52 | Amend articles 101, 102, 190 and 191. Insert schedule 10.[56] | 15 February 1985 | Anti Defection Law - Provide disqualification of members from parliament and assembly in case of defection from one party to other. However, parts of the 10th Schedule to the Constitution of India was struck down by the Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article 368 of the Constitution. | Rajiv Gandhi | |
53 | Insert article 371G.[57] | 20 February 1986 | Special provision with respect to the State of Mizoram. | ||
54 | Amend articles 125 and 221. Amend schedule 2.[58] | 1 April 1986 | Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment. | ||
55 | Insert article 371H.[59] | 20 February 1987 | Special powers to Governor consequent to formation of state of Arunachal Pradesh. | ||
56 | Insert article 371I.[60] | 30 May 1987 | Transition provision to enable formation of state of Goa. | ||
57 | Amend article 332.[61] | 21 September 1987 | Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies. | R. Venkataraman | |
58 | Insert article 394A. Amend part 22.[62] | 9 December 1987 | Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments. | ||
59 | Amend article 356. Insert article 359A.[63] | 30 March 1988 | Article 356 amended to permit President's rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab. | ||
60 | Amend article 276.[64] | 20 December 1988 | Profession Tax increased from a minimum of Rs. 250/- to a maximum of Rs. 2500/-. | ||
61 | Amend article 326.[65] | 28 March 1989 | Reduce age for voting rights from 21 to 18. | ||
62 | Amend article 334.[66] | 20 December 1989 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000. | V. P. Singh | |
63 | Amend article 356. Remove article 359A.[67] | 6 January 1990 | Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed. | ||
64 | Amend article 356.[68] | 16 April 1990 | Article 356 amended to permit President's rule up to three years and six months in the state of Punjab. | ||
65 | Amend article 338.[69] | 12 March 1990 | National Commission for Scheduled Castes and Scheduled Tribes formed and its statutory powers specified in The Constitution. | ||
66 | Amend schedule 9.[70] | 7 June 1990 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | ||
67 | Amend article 356.[71] | 4 October 1990 | Article 356 amended to permit President's rule up to four years in the state of Punjab. | ||
68 | Amend article 356.[72] | 12 March 1991 | Article 356 amended to permit President's rule up to five years in the state of Punjab. | ||
69 | Insert articles 239AA and 239AB.[73] | 1 February 1990 | To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory. | P. V. Narasimha Rao | |
70 | Amend articles 54 and 239AA.[74] | 21 December 1991 | Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election. | ||
71 | Amend schedule 8.[75] | 31 August 1992 | Include Konkani, Manipuri and Nepali as Official Languages. | Shankar Dayal Sharma | |
72 | Amend article 332.[76] | 5 December 1992 | Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly. | ||
73 | Insert part 9.[77] | 24 April 1992 | Statutory provisions for Panchyat Raj as third level of administration in villages. | ||
74 | Insert part 9A, amend article 280.[78] | 1 June 1992 | Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. | ||
75 | Amend article 323B.[79] | 15 May 1994 | Provisions for setting up Rent Control Tribunals. | ||
76 | Amend schedule 9.[80] | 31 August 1994 | Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution. | ||
77 | Amend article 16.[81] | 17 June 1995 | A technical amendment to protect reservation to SC/ST Employees in promotions. | ||
78 | Amend schedule 9.[82] | 30 August 1995 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | ||
79 | Amend article 334.[83] | 25 January 2000 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010. | Atal Bihari Vajpayee | K. R. Narayanan |
80 | Amend articles 269 and 270. Remove article 272.[84] | 9 June 2000 | Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre. | ||
81 | Amend article 16.[85] | 9 June 2000 | Protect SC / ST reservation in filling backlog of vacancies. | ||
82 | Amend article 335.[86] | 8 September 2000 | Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates. | ||
83 | Amend article 243M.[87] | 8 September 2000 | Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions. | ||
84 | Amend articles 55, 81, 82, 170, 330 and 332.[88] | 21 February 2002 | Extend the usage of 1971 national census population figures for statewise distribution of parliamentary seats. | ||
85 | Amend article 16.[89] | 4 January 2002 | A technical amendment to protect Consequential seniority in case of promotions of SC/ST Employees. | ||
86 | Amend articles 45 and 51A. Insert article 21A.[90] | 12 December 2002 | Provides Right to Education until the age of fourteen and Early childhood care until the age of six. | A. P. J. Abdul Kalam | |
87 | Amend articles 81, 82, 170 and 330.[91] | 22 June 2003 | Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats. | ||
88 | Amend article 270. Insert article 268A. Amend schedule 7.[92] | 15 January 2004 | To extend statutory cover for levy and utilization of Service Tax. | ||
89 | Amend article 338. Insert article 338A.[93] | 28 September 2003 | The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes. | ||
90 | Amend article 332.[94] | 28 September 2003 | Reservation in Assam Assembly relating to Bodoland Territory Area. | ||
91 | Amend articles 75 and 164. Insert article 361B. Amend schedule 10.[95] | 1 January 2004 | Restrict the size of council of ministers to 15% of legislative members & to strengthen Anti Defection laws. | ||
92 | Amend schedule 8.[96] | 7 January 2004 | Include Bodo, Dogri, Santali and Maithali as official languages. | ||
93 | Amend article 15.[97] | 20 January 2006 | To enable provision of reservation (27%) for other backward classes(OBC) in government as well as private educational institutions. | Manmohan Singh | |
94 | Amend article 164.[98] | 12 June 2006 | To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States including Madhya Pradesh, Orissa. | ||
95 | Amend article 334.[99] | 25 January 2010 | To extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Sixty years to Seventy years. | Pratibha Patil | |
96 | Amend schedule 8.[100] | 23 September 2011 | Substituted 'Odia' for 'Oriya'. | ||
97 | Amend Art 19 and added Part IXB.[101] | 12 January 2012 | Added the words 'or co-operative societies' after the word 'or unions' in Article 19(l)(c) and insertion of article 43B i.e., Promotion of Co-operative Societies and added Part-IXB i.e., The Co-operative Societies. The amendment objective is to encourage economic activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders.[102] | ||
98 | To insert Article 371J in the Constitution[103] | 2 January 2013 | To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.[103] | Pranab Mukherjee | |
99 | Insertion of new articles 124A, 124B and 124C. Amendments to Articles 127, 128, 217, 222, 224A, 231.[104] | 13 April 2015[105] | Formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill.[106] The amendment was struck down by the Supreme Court on 16 October 2015. | Narendra Modi | |
100 | Amendment of First Schedule to Constitution[107] | 1 August 2015 | Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh. | ||
101 | Addition of articles 246A, 269A, 279A. Deletion of Article 268A. Amendment of articles 248, 249, 250, 268, 269, 270, 271, 286, 366, 368, Sixth Schedule, Seventh Schedule.[108] | 1 July 2017 | Introduced the Goods and Services Tax. | ||
102 | Addition of articles 338B, 342A. Modification of articles 338, 366.[109] | 11 August 2018 | Constitutional status to National Commission for Backward Classes | Ram Nath Kovind | |
103 | Amendment to Article 15 & 16[110] | 12 January 2019 | A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes. |
See also[edit]
References[edit]
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- ^'Fifty Eighth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Fifty Ninth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixtieth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixty First Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixty Second Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixty Third Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixty Fourth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixty Fifth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixty Sixth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixty Seventh Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixty Eighth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Sixty Ninth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Seventieth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Seventy First Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Seventy Second Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Seventy Third Amendment'. Indiacode.nic.in. Archived from the original on 5 May 2003. Retrieved 19 November 2011.
- ^'Seventy Fourth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Seventy Fifth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Seventy Sixth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Seventy Seventh Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Seventy Eighth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Seventy Ninth Amendment'. Indiacode.nic.in. 21 October 1999. Retrieved 19 November 2011.
- ^'Eightieth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Eighty First Amendment'. Indiacode.nic.in. 29 August 1997. Retrieved 19 November 2011.
- ^'Eighty Second Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Eighty Third Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Eighty Fourth Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Eighty Fifth Amendment'. Indiacode.nic.in. 4 January 2002. Retrieved 19 November 2011.
- ^'Eighty Sixth Amendment'. Indiacode.nic.in. 12 December 2002. Archived from the original on 9 December 2011. Retrieved 19 November 2011.
- ^'Eighty Seventh Amendment'. Indiacode.nic.in. Retrieved 19 November 2011.
- ^'Eighty Eighth Amendment'. Indiacode.nic.in. 15 January 2004. Retrieved 19 November 2011.
- ^'Eighty Ninth Amendment'. Indiacode.nic.in. 28 September 2003. Retrieved 19 November 2011.
- ^'Ninetieth Amendment'. Indiacode.nic.in. 28 September 2004. Retrieved 19 November 2011.
- ^'Ninety First Amendment (pdf)'(PDF). Retrieved 19 November 2011.
- ^'Texts of the Constitution Amendment Acts'(PDF). Lok Sabha Secretariat. pp. 672–673. Archived from the original(PDF) on 3 December 2013. Retrieved 5 December 2013.
- ^'Ninety Third Amendment'. Indiacode.nic.in. 20 January 2006. Retrieved 19 November 2011.
- ^'Ninety Fourth Amendment (pdf)'(PDF). Retrieved 19 November 2011.
- ^'Ninety Fifth Amendment (pdf)'(PDF). Retrieved 27 December 2011.
- ^'Ninety Sixth Amendment (pdf)'(PDF). Retrieved 27 December 2011.
- ^'Ninety Seventh Amendment (pdf)'(PDF). Retrieved 27 December 2011.
- ^'Ninety Seventh Amendment (PIB)'.
- ^ ab'Ninety Eighth Third Amendment'(PDF). Ministry of Law and Justice (India). Retrieved 11 May 2013.
- ^'The Constitutions (Ninety-ninth) Amendment) Bill, 2014'(PDF). Govt, of India. Retrieved 15 August 2014.
- ^'Constitution (Ninety-ninth Amendment) Act, 2014'(PDF). 1, Law Street. Retrieved 23 June 2015.
- ^'16 States ratified National Judicial Appointments Commission Bill, 2014'. Jagranjosh.com. 29 December 2014.
- ^'ONE HUNDREDTH AMENDMENT'(PDF). Retrieved 12 January 2019.
- ^'ONE HUNDRED AND FIRST AMENDMENT'(PDF). Retrieved 12 January 2019.
- ^'ONE HUNDRED AND SECOND AMENDMENT'(PDF). Retrieved 12 January 2019.
- ^'ONE HUNDRED AND THIRD AMENDMENT'(PDF). Retrieved 12 January 2019.
External links[edit]
Constitution of India | |
---|---|
Original title | भारतीय संविधान(IAST:Bhāratīya Saṃvidhāna)[a] |
Jurisdiction | India |
Ratified | 26 November 1949; 69 years ago |
Date effective | 26 January 1950; 69 years ago |
System | Constitutional parliamentary socialist secular republic |
Branches | Three (executive, legislature and judiciary) |
Executive | Prime minister-led cabinet responsible to the lower house of the parliament |
Judiciary | Supreme court, high courts and district courts |
Federalism | Unitary (Quasi-federal) |
Electoral college | Yes, for presidential and vice-presidential elections |
Entrenchments | 2 |
Amendments | 103 |
Last amended | 12 January 2019 (103rd) |
Location | Parliament House, New Delhi, India |
Author(s) | B. R. Ambedkar and the drafting committee of the Constituent Assembly of India |
Signatories | 284 members of the Constituent Assembly |
Supersedes | Government of India Act 1935 Indian Independence Act 1947 |
Part of a series on |
Constitution of India |
---|
Preamble |
Fundamental Rights PART I ∙ II ∙ III ∙ IV ∙ IVA ∙ V ∙ VI ∙ VII VIII ∙ IX ∙ IXA ∙ IXB ∙ X ∙ XI ∙ XII ∙ XIII ∙ XIV XV ∙ XVI ∙ XVIA ∙ XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI XXII |
First ∙ Second ∙ Third ∙ Fourth ∙ Fifth Sixth ∙ Seventh ∙ Eighth ∙ Ninth Tenth ∙ Eleventh ∙ Twelfth |
I ∙ II ∙ III ∙ IV ∙ V |
List ∙ 1 ∙ 2 ∙ 3 ∙ 4 ∙ 5 ∙ 6 ∙ 7 ∙ 8 ∙ 9 ∙ 10 ∙ 11 ∙ 12 ∙ 13 ∙ 14 ∙ 15 ∙ 16 ∙ 17 ∙ 18 ∙ 19 ∙ 20 ∙ 21 ∙ 22 ∙ 23 ∙ 24 ∙ 25 ∙ 26 ∙ 27 ∙ 28 ∙ 29 ∙ 30 ∙ 31 ∙ 32 ∙ 33 ∙ 34 ∙ 35 ∙ 36 ∙ 37 ∙ 38 ∙ 39 ∙ 40 ∙ 41 ∙ 42 ∙ 43 ∙ 44 ∙ 45 ∙ 46 ∙ 47 ∙ 48 ∙ 49 ∙ 50 ∙ 51 ∙ 52 ∙ 53 ∙ 54 ∙ 55 ∙ 56 ∙ 57 ∙ 58 ∙ 59 ∙ 60 ∙ 61 ∙ 62 ∙ 63 ∙ 64 ∙ 65 ∙ 66 ∙ 67 ∙ 68 ∙ 69 ∙ 70 ∙ 71 ∙ 72 ∙ 73 ∙ 74 ∙ 75 ∙ 76 ∙ 77 ∙ 78 ∙ 79 ∙ 80 ∙ 81 ∙ 82 ∙ 83 ∙ 84 ∙ 85 ∙ 86 ∙ 87 ∙ 88 ∙ 89 ∙ 90 ∙ 91 ∙ 92 ∙ 93 ∙ 94 ∙ 95 ∙ 96 ∙ 97 ∙ 98 ∙ 99 ∙ 100 ∙ 101 ∙ 102 ∙ 103 |
The Constitution of India (IAST: Bhāratīya Saṃvidhāna) is the supreme law of India.[1][2] The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country on earth.[b][3][4][5]B. R. Ambedkar, chairman of the drafting committee, is widely considered to be its chief architect.[6]
It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble.[7][full citation needed] Parliament cannot override the constitution.
It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950.[8] The constitution replaced the Government of India Act, 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in Article 395.[9] India celebrates its constitution on 26 January as Republic Day.[10]
The constitution declares India a sovereign, socialist, secular,[11]democraticrepublic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity.[12] The original 1950 constitution is preserved in a helium-filled case at the Parliament House in New Delhi. The words 'secular' and 'socialist' were added to the preamble in 1976 during the emergency.[13]
- 1Background
- 2Constituent Assembly
- 4Structure
- 6Constitution and legislature
- 7Constitution and judiciary
- 10Notes
Background
Most of the Indian subcontinent was under British rule from 1857 to 1947. From 1947 to 1950, the same legislation continued to be implemented as India was a dominion of Britain for these three years, as each princely state was convinced by Sardar Patel and V.P.Menon to sign the articles of integration with India, and the British government continued to be responsible for the external security of the country.[14] Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act, 1935 when it became effective on 26 January 1950. India ceased to be a dominion of the British Crown and became a sovereign democratic republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the remaining articles became effective on 26 January 1950.[15]
Previous legislation
The constitution was drawn from a number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the Government of India Act 1858, the Indian Councils Acts of 1861, 1892 and 1909, the Government of India Acts of 1919 and 1935, and the Indian Independence Act 1947. The latter, which led to the creation of India and Pakistan, divided the former Constituent Assembly in two. Each new assembly had sovereign power to draft and enact a new constitution for the separate states.[16]
Constituent Assembly
The constitution was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies.[17] The 389-member assembly (reduced to 299 after the partition of India) took almost three years to draft the constitution holding eleven sessions over a 165-day period.[3][16]
B. R. Ambedkar was a wise constitutional expert, he had studied the constitutions of about 60 countries. Ambedkar is recognised as the 'Father of the Constitution of India'.[18][19] In the constitution assembly, a member of the drafting committee, T. T. Krishnamachari said:
'Mr. President, Sir, I am one of those in the House who have listened to Dr. Ambedkar very carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution. At the same time, I do realise that that amount of attention that was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee. The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.'[20][21]
Time Line of Formation of 'The Constitution of India'
- 6 December 1946:Formation of the Constitution Assembly. (in accordance with French practice.)
- 9 December 1946:The first meeting was held in the constitution hall (now the Central Hall of Parliament House).1st person to address - J.B. kripalani. Temporary president Appointed - Sachchidanand sinha. (Demanding a separate state, the Muslim League boycotted the meeting.)
- 11 December 1946:President Appointed - Rajendra Prasad, vice-Chairman H. C. Mukherjee and constitutional legal adviser B. N. Rau(initially 389 members in total, which declined to 299 after partition. out of 389 - 292 were from govt. province, 4 from chief commissioner province and 93 from princely states)
- 13 December 1946:An 'Objective Resolution' was presented by Jawaharlal Nehru, laying down the underlying principles of the constitution. which later became the Preamble of the constitution.
- 22 January 1947: Objective resolution unanimously adopted.
- 22 July 1947:National flag adopted.
- 15 August 1947: Achieved independence. India Split into Dominion of India and Dominion of Pakistan.
- 29 August 1947:Drafting Committee appointed with Dr. B. R. Ambedkar as the Chairman.other 6 members of committee was : Munshi, Muhammed Sadulla, Allad Krishna swami ayyar, Gopala swami Ayyankar, Khaitan, Mitter
- 16 July 1948: Along with Harendra Coomar MookerjeeV. T. Krishnamachari was also elected as second vice-president of Constituent Assembly.
- 26 November 1949: 'Constitution of India' passed and adopted by the assembly.
- 24 January 1950: Last meeting of Constituent Assembly. 'constitution of india' all signed and accepted. (with 395 Articles, 8 Schedules, 22 Parts)
- 26 January 1950: 'Constitution of India' came in to force. (It Took 2 Years, 11 Months, 18 Days - at a total expenditure of ₹6.4 million to finish)
- G. V. Mavlankar was the first speaker when meeting the assembly of Lok sabha, after turning republic.
Membership
B. R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Vallabhbhai Patel, Kanaiyalal Maneklal Munshi, Ganesh Vasudev Mavalankar, Sandipkumar Patel, Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were key figures in the assembly,[3][16] which had over 30 representatives of the scheduled classes. Frank Anthony represented the Anglo-Indian community,[3] and the Parsis were represented by H. P. Modi.[3]Harendra Coomar Mookerjee, a Christian assembly vice-president, chaired the minorities committee and represented non-Anglo-Indian Christians.[3] Ari Bahadur Gurung represented the Gorkha community.[3] Judges, such as Alladi Krishnaswamy Iyer, Benegal Narsing Rau, K. M. Munshi and Ganesh Mavlankar were members of the assembly.[3] Female members included Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Amrit Kaur and Vijaya Lakshmi Pandit.[3]
The first, two-day president of the assembly was Sachchidananda Sinha; Rajendra Prasad was later elected president.[16][17] It met for the first time on 9 December 1946.[3][17][13]
Drafting
Benegal Narsing Rau, a civil servant who became the first Indian judge in the International Court of Justice and was president of the United Nations Security Council, was appointed as the assembly's constitutional adviser in 1946.[22] Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948.[22][23][24]
At 14 August 1947 meeting of the assembly, committees were proposed.[17] Rau's draft was considered, debated and amended by the eight-person drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair.[3][13] A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947.[13]
While deliberating the revised draft constitution, the assembly moved, discussed and disposed off 2,473 amendments out of a total of 7,635.[16][25] Before adopting the constitution, the assembly held eleven sessions in 165 days.[3][16] On 26 November 1949 it adopted the constitution,[3][16][13][24][26] which was signed by 284 members.[3][16][13][24][26] The day is celebrated as National Law Day,[3][27] or Constitution Day.[3][28] The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar.[29]
The assembly's final session convened on 24 January 1950. Each member signed two copies of the constitution, one in Hindi and the other in English.[3][16][24] The original constitution is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose.[13][24] Its calligrapher was Prem Behari Narain Raizada.[13] The constitution was published in Dehradun and photolithographed by the Survey of India. Production of the original constitution took nearly five years. Two days later, on 26 January 1950, it became the law of India.[13][30] The estimated cost of the Constituent Assembly was ₹6.3 crore (₹63 million).[16] The constitution has had more than 100 amendments since it was enacted.[31]
Influence of other constitutions
- United Kingdom
- Parliamentary government[3]
- Concept of single citizenship[3]
- The legislative speaker and their role
- Legislative procedure
- United States[32]
- Bill of Rights[3][13]
- Federal structure of government[3]
- Electoral College
- Independent judiciary and separation of powers
- Judicial review
- President as commander-in-chief of the armed forces
- Equal protection under law
- Ireland
- Directive principles of state policy[13]
- Australia
- Freedom of trade between states[16]
- National legislative power to implement treaties, even on matters outside normal federal jurisdiction
- Concurrent List[33]
- Preamble terminology
- France
- Ideals of liberté, égalité, fraternité[3][13]
- Canada
- Quasi-federal government — a federal system with a strong central government[16]
- Distribution of powers between the central and state governments[3][16]
- Residual powers, retained by the central government[citation needed]
- Soviet Union
- Fundamental Duties under article 51-A[3]
- Mandated planning commission to oversee economic development[3]
- Other constitutions
- The emergency provision under article 356 (from the Weimar Constitution)[13]
- Amending the constitution (from South Africa)
- Due process (from Japan)
Structure
The Indian constitution is the world's longest for a sovereign nation.[b][3][4][5] At its enactment, it had 395 articles in 22 parts and 8 schedules.[16] At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama – in the world.[34]
The constitution has a preamble and 448 articles,[c][13] which are grouped into 25 parts.[d][13] With 12 schedules[e][13] and five appendices,[13][35] it has been amended 103 times; the latest amendment became effective on 14 January 2019.[36]
Parts
The constitution's articles are grouped into the following parts:
- Preamble,[37] with the words 'socialist' and 'secular', and 'integrity' added in 1976 by the 42nd amendment[38][39]
- Part I[40] – States and union territories
- Part II[41] – Citizenship
- Part III – Fundamental Rights
- Part IV[42] – Directive Principles of State Policy
- Part IVA – Fundamental Duties
- Part V[43] – The union
- Part VI[44] – The states
- Part VII[45] – States in the B part of the first schedule (repealed)
- Part VIII[46] – Union territories
- Part IX[47] – Panchayats
- Part IXA[48] – Municipalities
- Part IXB – Co-operative societies[49]
- Part X – Scheduled and tribal areas
- Part XI – Relations between the union and the states
- Part XII – Finance, property, contracts and suits
- Part XIII – Trade and commerce within India
- Part XIV – Services under the union and states
- Part XIVA – Tribunals
- Part XV – Elections
- Part XVI – Special provisions relating to certain classes
- Part XVII – Languages
- Part XVIII – Emergency provisions
- Part XIX – Miscellaneous
- Part XX – Amending the constitution
- Part XXI – Temporary, transitional and special provisions
- Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals
Schedules
Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy.
- First Schedule (Articles 1 and 4) – Lists India's states and territories, changes in their borders and the laws used to make that change.
- Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221) – Lists the salaries of public officials, judges, and the Comptroller and Auditor General.
- Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219) – Forms of oaths – Lists the oaths of office for elected officials and judges.
- Fourth Schedule (Articles 4(1) and 80(2)) – Details the allocation of seats in the Rajya Sabha (upper house of Parliament) by state or union territory.
- Fifth Schedule (Article 244(1)) – Provides for the administration and control of Scheduled Areas[f] and Scheduled Tribes[g] (areas and tribes requiring special protection).
- Sixth Schedule (Articles 244(2) and 275(1)) – Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Seventh Schedule (Article 246) — Central government, state, and concurrent lists of responsibilities
- Eighth Schedule (Articles 344(1) and 351) – Official languages
- Ninth Schedule (Article 31-B) – Validation of certain acts and regulations[h]
- Tenth Schedule (Articles 102(2) and 191(2)) – Anti-defection provisions for members of Parliament and state legislatures.
- Eleventh Schedule (Article 243-G) —Panchayat Raj (rural local government)
- Twelfth Schedule (Article 243-W) — Municipalities (urban local government)
Appendices
- Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954
- Appendix II – Re-statement, referring to the constitution's present text, of exceptions and modifications applicable to the state of Jammu and Kashmir
- Appendix III – Extracts from the Constitution (Forty-fourth Amendment) Act, 1978
- Appendix IV – The Constitution (Eighty-sixth Amendment) Act, 2002
- Appendix V – The Constitution (Eighty-eighth Amendment) Act, 2003
Constitution and government
The executive, legislative and judicial branches of government receive their power from the constitution and are bound by it.[50] With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature. The President of India is head of the executive branch, under Articles 52 and 53, with the duty of preserving, protecting and defending the constitution and the law under Article 60. Article 74 provides for a Prime Minister as head of the Council of Ministers, which aids and advises the president in the performance of their constitutional duties. The council is answerable to the lower house under Article 75(3).
The constitution is considered federal in nature, and unitary in spirit. It has features of a federation (a codified, supreme constitution, a three-tier governmental structure [central, state and local], division of powers, bicameralism and an independent judiciary) and unitary features such as a single constitution, single citizenship, an integrated judiciary, a flexible constitution, a strong central government, appointment of state governors by the central government, All India Services (the IAS, IFS and IPS) and emergency provisions. This unique combination makes it quasi-federal in form.[51]
Each state and union territory has its own government. Analogous to the president and prime minister, each has a governor or (in union territories) a lieutenant governor and a chief minister. Article 356 permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. This power, known as president's rule, was abused as state governments came to be dismissed on flimsy grounds for political reasons. After the S. R. Bommai v. Union of India decision,[52][53] such a course of action is more difficult since the courts have asserted their right of review.[54]
The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas.[13]Article 370 gives special status to the state of Jammu and Kashmir.
Constitution and legislature
Amendments
Amendments are additions, variations or repeal of any part of the constitution by Parliament.[55] The procedure is detailed in Article 368. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Unlike ordinary bills in accordance with Article 245 (except for money bills), there is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. During a parliamentary recess, the president cannot promulgate ordinances under his legislative powers under Article 123, Chapter III. Deemed amendments to the constitution which can be passed under the legislative powers of parliament were invalidated by Article 368(1) in the Twenty-fourth Amendment.[55]
By July 2018, 124 amendment bills had been presented in Parliament; of these, 103 became Amendment Acts.[56] Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document.[57] The constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.
In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update. The government of India establishes term-based law commissions to recommend legal reforms, facilitating the rule of law.
Limitations
In Kesavananda Bharati v. State of Kerala, the Supreme Court ruled that an amendment cannot destroy what it seeks to modify; it cannot tinker with the constitution's basic structure or framework, which are immutable. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of the constitution. According to the doctrine, the constitution's basic features (when 'read as a whole') cannot be abridged or abolished. These 'basic features' have not been fully defined,[50] and whether a particular provision of the constitution is a 'basic feature' is decided by the courts.[58]
The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure:[59]
- Supremacy of the constitution
- Republican, democratic form of government
- Its secular nature
- Separation of powers
- Its federal character[59]
This implies that Parliament can only amend the constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review. This is typical of parliamentary governments, where the judiciary checks parliamentary power.
In its 1967 Golak Nath v. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by the basic structure doctrine.[60] The extent of land ownership and practice of a profession, in this case, were considered fundamental rights.[61] The ruling was overturned with the ratification of the 24th Amendment in 1971.[61]
Constitution and judiciary
The judiciary is the final arbiter of the constitution.[62] Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds.[63] The judiciary protects the fundamental rights of the people (enshrined in the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states).
The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. An independent judiciary has been held as a basic feature of the constitution,[64][65] which cannot be changed by the legislature or the executive.[66]
Judicial review
Judicial review was adopted by the constitution of India from judicial review in the United States.[67] In the Indian constitution, judicial review is dealt with in Article 13. The constitution is the supreme power of the nation, and governs all laws. According to Article 13,
- All pre-constitutional laws, if they conflict wholly or in part with the constitution, shall have all conflicting provisions deemed ineffective until an amendment to the constitution ends the conflict; the law will again come into force if it is compatible with the constitution as amended (the Doctrine of Eclipse).[68]
- Laws made after the adoption of the constitution must be compatible with it, or they will be deemed void ab initio.
- In such situations, the Supreme Court (or a high court) determines if a law is in conformity with the constitution. If such an interpretation is not possible because of inconsistency (and where separation is possible), the provision which is inconsistent with the constitution is considered void. In addition to Article 13, Articles 32, 226 and 227 provide the constitutional basis for judicial review.[69]
Due to the adoption of the Thirty-eighth Amendment, the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies).[70] The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C.[71]
Flexibility
According to Granville Austin, 'The Indian constitution is first and foremost a social document, and is aided by its Parts III & IV (Fundamental Rights & Directive Principles of State Policy, respectively) acting together, as its chief instruments and its conscience, in realising the goals set by it for all the people.'[i][72] The constitution has deliberately been worded in generalities (not in vague terms) to ensure its flexibility.[73]John Marshall, the fourth Chief Justice of the United States, said that a constitution's 'great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.'[74] A document 'intended to endure for ages to come',[75] it must be interpreted not only based on the intention and understanding of its framers, but in the existing social and political context.
The 'right to life' guaranteed under Article 21[A] has been expanded to include a number of human rights, including the right to a speedy trial,;[3][76] the right to water;[3][77] the right to earn a livelihood,[3] the right to health,[3] and the right to education.[78]
Constitution Of India Pdf
At the conclusion of his book, Making of India's Constitution, retired Supreme Court of India justice Hans Raj Khanna wrote:
If the Indian constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions! A constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance is the price of liberty and in the final analysis, its only keepers are the people.'[79]
Constitution Of India Pdf 2018 In Hindi
See also
Notes
- ^The Constitution of India was originally written in Hindi and English, so, both Hindi and English are its 'original' languages.
- ^ abThe Constitution of Yugoslavia briefly held this position from 1974 until it split up in 1990.
- ^Although the last article of the constitution is Article 395, the total number in March 2013 was 465. New articles added through amendments have been inserted in the relevant location of the original constitution. To not disturb the original numbering, new articles are inserted alphanumerically; Article 21A, pertaining to the right to education, was inserted by the 86th Amendment Act.
- ^The Constitution was in 22 Parts originally. Part VII & IX (older) was repealed in 1956, whereas newly added Part IVA, IXA, IXB & XIVA by Amendments to the Constitution in different times (lastly added IXB by the 97th Amendment).
- ^By 73rd & 74th Amendment, the lists of administrative subjects of Panchayat raj & Municipality included in the Constitution as Schedule 11 & 12 respectively in the year 1993.
- ^Scheduled Areas are autonomous areas within a state, administered federally and usually mainly populated by a Scheduled Tribe.
- ^Scheduled Tribes are groups of indigenous people, identified in the Constitution, who are struggling socioeconomically
- ^Originally Articles mentioned here were immune from judicial review on the ground that they violated fundamental rights. but in a landmark judgement in 2007, the Supreme Court of India held in I.R. Coelho v. State of Tamil Nadu and others that laws included in the 9th schedule can be subject to judicial review if they violated the fundamental rights guaranteed under Article 14, 15, 19, 21 or the basic structure of the Constitution {(ambiguous)} – I.R. Coelho (dead) by L.Rs. v. State of Tamil Nadu and others(2007) 2 S.C.C. 1
- ^These lines by Granville Austin from his book The Indian Constitution: Cornerstone of a Nation at p. 50, have been authoritatively quoted many times
Notes on Article 21
- ^Art. 21 – 'No person shall be deprived of his life or personal liberty except according to procedure established by law'
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External links
- 'Constitution of India'. Commonwealth Legal Information Institute. – online copy