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“I feel that the constitution is workable, it is flexible and it is strong enough to hold the country together
both in peacetime and in wartime. Indeed, if I may say so, if things go wrong under the new Constitution,
the reason will not be that we had a bad Constitution. What we will have to say is that Man was vile.” (Dr.
B. R. Ambedkar – Principal Architect of the Constitution of India)
“So far as the government is concerned, there is only one holy book, which is the Constitution ofIndia.”
(Narendra Modi – Prime Minister of India)
The former quote by Dr. Ambedkar after the Constitution was adopted by the Constituent
Assembly on 26th November 1950. The longest written Constitution of any sovereign
country of the world came into effect on 26th January, 1950 which is celebrated as the
Republic Day every year. The latter quote, however, highlights the Constitution’s
importance 67 years hence after it has been amended 101 times.
The Constitution is the supreme law of the land. It lays down the framework to make laws,
govern the country, establish a structure of policies, procedures, powers and duties of the
Union and State governments. It states out the Fundamental Rights, Directive Principles
and Duties of citizens.
It all began with the constituent assembly setting up a Drafting Committee on 29th August
1947 to frame the Indian Constitution. The Chairman of the Drafting Committee was Dr.
B.R. Ambedkar along with six other members while the constitutional adviser was B. N.
Rau. Inspired majorly by the British Constitution. However there was a lot of framework
taken from other countries like the idea of preamble taken from United States which says:
“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
[SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC] and to secure to all its
citizens:
JUSTICE, social, economic and political;
LIBERTY, of thought, expression, belief, faith and worship;
EQUALITY, of status and of opportunity; and to promote among them all
FRATERNITY, assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”
Originally the Constitution had 395 Articles, 8 Schedules and 22 Parts; currently it has 448
Articles, 12 Schedules and 25 Parts. The Constitution has been amended 101 times till
date. The power of amending the Constitution and making laws lies with the Parliament.
The most important amendment being the 42nd Amendment in 1976 which was so
elaborate that it is called the Mini-Constitution. The latest 101st Amendment being the
Goods and Service Tax which is by far the biggest Tax reform after the Indian
Independence.
PART XIII
Article (301 to 307)
Trade, Commerce and Intercourse within the Territory of India
This part talks about freedom of Trade, Commerce and Intercourse throughout
the territory of India. It also mentions the power of the Parliament to impose
restrictions and also the power of States to do the same. Article 307 appoints an
authority for carrying out Trade and Commerce for the purposes of Article 301 to
304. Article 306 was repealed by the Constitution (Seventh Amendment) Act
1956.
PART XIV
Article (308 to 323)
Services under the Union and the States
Article 308 to 314 details the Union Public Service Commission and its
appointments, tenures, dismissals and reduction in ranks. Articles 315 to 323
detail the State Public Service Commission and its functions, appointments,
tenures, dismissals, and reduction in ranks.
PART XIV-A
Article (323A and 323B)
Tribunals
This part deals with administrative tribunals, their composition, working,
jurisdiction, procedures, powers and exceptions exercised by Tribunals in different
States. It was introduced to hear disputes and complaints regarding the Union,
States or Local Government employees in the year 1976 by the 42nd Amendment.
PART XV
Article (324 to 329A)
Elections
This part deals with the conduct of Elections and the Election Commission. It gives
the right of Superintendence, Direction and Control of Elections to be vested in
the Election Commission. Three Election Commissioners are to be appointed with
one of them as the Chief Election Commissioner who will be responsible for the
conduct of Elections. Article 329A was repealed by the Constitution
44th Amendment Act 1978.
PART XVI
Article (330 to 342)
Special Provisions relating to Certain Classes
This part deals with certain provisions for Schedule Castes, Schedule Tribes and
Anglo-Indian representation. Article 330 and 332 reserve seats for Schedule
Castes and Schedule Tribes in the house of people and Legislative Assemblies
respectively while Article 331 and 333 reserve them for Anglo-Indian community.
Article 338 details the establishment of a national commission of a Schedule Caste
while Article 339 to 342 lay procedures to investigate the conditions of Backward
Classes.
PART XVII
Article (343 to 351)
Official Language
Article 343 of this part says that the Official Language of the Union shall be Hindi
in Devnagri script. Article 344 provides for a commission and a committee of
Parliament on Official Language. Article 345 to 347 describes the roles of regional
languages while Articles 348 to 351 lay down Languages to be used in Supreme
Court, High Court, in Acts and Bills. These Articles also contain some directives of
development for Hindi and other languages.
PART XVIII
Article (352 to 360)
Emergency Provisions
The provisions of Emergency have been borrowed from the German Constitution. Article
352 describes the procedure and other details of procurement of Emergency while Article
353 describes the effect of Emergency. Article 354 to 359 detail the application, the duties,
provisions and the exercise of the legislative powers during Emergency. Article 360
provides provisions for a Financial Emergency.
PART XIX
Article (361 to 367)
Miscellaneous
Article 361 provides for the protection of the President and other Legislators.
Article 362 which was repealed by the Constitution (Twenty Sixth Amendment)
Act 1971 had rights and privileges of rulers of Indian States. Similarly Article 363A
abolishes any recognition granted to rulers and cessation of their privy purses.
Article 366 gives some common definitions of words used in the Constitution.
PART XX
Article (368)
Amendment of the Constitution
One of the most important Articles of the Constitution provides the power to the
Parliament to amend the Constitution and procedure thereof. Here we must take
into consideration the famous case of Kesavananda Bharati v/s State of Kerala in
which the Supreme Court stated that the basic structure of Constitution cannot be
amended.
PART XXI
Article (369 to 392)
Temporary, Transitional and Special Provisions
Article 369 gives temporary power to the Parliament to make laws with respect to
certain matters in the state list and concurrent list. The much debated and
controversial Article 370 gives special but temporary status to provisions with
respect to the state of Jammu and Kashmir. This Article does not permit the state
to make matters given in the State list. The Article also gives special powers to
the State Legislature.
Article 371 and 371A gives special privileges and provisions to the state of Gujarat,
Maharashtra and Nagaland respectively. Article 371B for Assam, 371C for
Manipur, 371D and E for Andhra Pradesh, 371F for Sikkim, 371G for Mizoram,
371H for Arunachal Pradesh and 371I for Goa.
PART XXII
Article (393 to 395)
Short Title, Commencement, Authoritative Text in Hindi and Repeals
The Constitution in its “short title” form may be called the Constitution of India.
Article 394 says that the Constitution shall come into force on 26th January 1950.
Article 394A talks of authoritative text in Hindi language. Article 395 repeals the
Indian Independence Act 1947 and the Government of India Act 1935 together
with all enactments supporting the same.
Conclusion
I have tried to give a concise analysis of all parts contained in the Constitution
and what aspects they deal with. The Indian Constitution is a comprehensive draft
of framework a sovereign country needs to administer and run with. Though it is
67 years old it still supports and gives a great foundation for any modern laws the
Parliament wants to enact with upcoming challenges