Module 29. Constitution – Features, Parts, Schedules, Amendment procedure

The Constitution of India is the supreme law of the land, providing the fundamental political framework, powers, and responsibilities of government institutions while guaranteeing certain rights to citizens. It establishes India as a sovereign, socialist, secular, and democratic republic. Enacted on 26 November 1949 and coming into effect on 26 January 1950, it remains one of the most comprehensive and elaborate constitutions in the world.

Historical Background

The demand for a written constitution arose during the freedom struggle, especially after the Indian National Congress called for self-governance in the early 20th century. The Cabinet Mission Plan (1946) laid the groundwork for the formation of the Constituent Assembly, which convened for the first time on 9 December 1946.
Dr. B. R. Ambedkar, as Chairman of the Drafting Committee, played a pivotal role in shaping the Constitution. It took 2 years, 11 months, and 18 days to complete the drafting process. The final document contained 395 Articles, 22 Parts, and 8 Schedules at the time of adoption.

Salient Features of the Indian Constitution

The Indian Constitution is notable for blending elements from various global constitutions while adapting them to India’s unique socio-political environment.

• Length and Detail: It is the longest written constitution in the world, detailing the structure and functioning of the Union and the States.
• Blend of Rigidity and Flexibility: Certain provisions can be amended easily, while others require a more complex process, balancing stability with adaptability.
• Federal System with Unitary Bias: India follows a federal structure with a strong unitary tilt, ensuring national integrity while granting autonomy to states.
• Parliamentary System of Government: It adopts the Westminster model, where the Council of Ministers is collectively responsible to the Lok Sabha.
• Secularism: The state maintains equal respect for all religions, without endorsing any particular faith.
• Fundamental Rights and Duties: The Constitution guarantees six Fundamental Rights (Articles 12–35) and enumerates Fundamental Duties (Article 51A).
• Directive Principles of State Policy (DPSPs): These are non-justiciable guidelines (Articles 36–51) aimed at establishing socio-economic justice.
• Independent Judiciary: The Supreme Court of India acts as the guardian and interpreter of the Constitution, ensuring checks and balances.
• Single Citizenship: Unlike federal systems such as the USA, India provides single citizenship for all its citizens.
• Universal Adult Franchise: Every adult citizen aged 18 years and above has the right to vote irrespective of caste, gender, or religion.
• Emergency Provisions: The President is empowered to proclaim National, State, or Financial Emergency under specific circumstances.

Structure: Parts of the Constitution

The Constitution is divided into Parts, each addressing specific aspects of governance and citizen rights.

• Part I – The Union and its Territory (Articles 1–4): Defines India’s territorial composition and provisions related to new states or territories.
• Part II – Citizenship (Articles 5–11): Deals with the status and rights of citizenship at the commencement of the Constitution.
• Part III – Fundamental Rights (Articles 12–35): Guarantees basic freedoms and equality before law.
• Part IV – Directive Principles of State Policy (Articles 36–51): Lays down socio-economic objectives for governance.
• Part IVA – Fundamental Duties (Article 51A): Lists the moral obligations of citizens toward the nation.
• Part V – The Union (Articles 52–151): Describes the structure and powers of the Executive, Parliament, and Judiciary at the Union level.
• Part VI – The States (Articles 152–237): Deals with the state governments, their legislatures, and high courts.
• Part VII – Repealed: Originally dealt with Part B states.
• Part VIII – Union Territories (Articles 239–242): Defines administration of Union Territories.
• Part IX – Panchayats (Articles 243–243O): Introduced by the 73rd Amendment (1992), establishing local self-government at the rural level.
• Part IXA – Municipalities (Articles 243P–243ZG): Introduced by the 74th Amendment (1992) for urban local bodies.
• Part IXB – Co-operative Societies: Added by the 97th Amendment (2011).
• Part X – Scheduled and Tribal Areas (Articles 244–244A): Deals with administration of areas with distinct cultural and tribal identities.
• Part XI – Relations between Union and States (Articles 245–263): Defines legislative, administrative, and financial relations.
• Part XII – Finance, Property, Contracts, and Suits (Articles 264–300A): Regulates financial distribution and government property.
• Part XIII – Trade, Commerce, and Intercourse (Articles 301–307): Ensures free trade across the country.
• Part XIV – Services under the Union and States (Articles 308–323): Pertains to civil services and Public Service Commissions.
• Part XIVA – Tribunals (Articles 323A–323B): Provides for administrative tribunals.
• Part XV – Elections (Articles 324–329A): Establishes the Election Commission.
• Part XVI – Special Provisions for Certain Classes (Articles 330–342): Grants rights to Scheduled Castes, Scheduled Tribes, and Anglo-Indians.
• Part XVII – Official Language (Articles 343–351): Declares Hindi in the Devanagari script as the official language of the Union.
• Part XVIII – Emergency Provisions (Articles 352–360): Enables special powers during crises.
• Part XIX – Miscellaneous (Articles 361–367): Covers general provisions.
• Part XX – Amendment of the Constitution (Article 368): Specifies the amendment procedure.
• Part XXI – Temporary, Transitional, and Special Provisions (Articles 369–392): Relates to temporary and transitional arrangements.
• Part XXII – Short Title, Commencement, and Repeal (Articles 393–395).

The Schedules of the Constitution

The Schedules classify and tabulate information that supports the constitutional text. The number of Schedules has increased from 8 to 12 over time.

1. First Schedule: Lists the states and union territories.
2. Second Schedule: Contains provisions related to emoluments of high officials such as the President, Governors, and Judges.
3. Third Schedule: Forms of oath or affirmation for various constitutional posts.
4. Fourth Schedule: Allocation of seats in the Rajya Sabha to states and union territories.
5. Fifth Schedule: Administration and control of Scheduled Areas and Scheduled Tribes.
6. Sixth Schedule: Administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
7. Seventh Schedule: Distribution of legislative powers between Union and States through Union, State, and Concurrent Lists.
8. Eighth Schedule: Recognises 22 languages of India.
9. Ninth Schedule: Added by the First Amendment (1951), it protects certain laws from judicial review.
10. Tenth Schedule: Added by the 52nd Amendment (1985), it deals with anti-defection provisions.
11. Eleventh Schedule: Added by the 73rd Amendment (1992), it lists subjects under the jurisdiction of Panchayati Raj Institutions.
12. Twelfth Schedule: Added by the 74th Amendment (1992), it lists functions of Municipalities.

Amendment Procedure

The framers intended to make the Constitution flexible yet stable. Article 368 prescribes the process for amending the Constitution. There are three types of amendments:

1. By Simple Majority of Parliament:
   • Changes not considered constitutional amendments (e.g., formation of new states, citizenship laws).
2. By Special Majority of Parliament:
   • Requires a two-thirds majority of members present and voting, along with a majority of the total membership (e.g., Fundamental Rights, DPSPs).
3. By Special Majority and Ratification by States:
   • Involves approval by at least half of the state legislatures (e.g., matters affecting federal provisions such as the election of the President, distribution of powers, or representation in Parliament).

So far, over 100 constitutional amendments have been enacted. Notable among them are the 42nd Amendment (1976), known as the “Mini Constitution” for its extensive changes; the 44th Amendment (1978) restoring democratic safeguards; and the 73rd and 74th Amendments (1992) establishing local governance.