indian polity book series 6

Parts of the Constitution - 25

Part No.	Topic	Articles (Sections)
1	Territory of India, States, Union Territories	1 - 4
2	Citizenship	5 - 11
3	Fundamental Rights	12 - 35
4	Directive Principles of State Policy	36 - 51
4A	Fundamental Duties (Added by the 42nd Constitutional Amendment, 1976)	51 A
5	The Union Government	52 - 151
6	The State Governments	152 - 237
7	(Deleted by the 7th Constitutional Amendment, 1956)	238
8	Union Territories	239 - 242
9	Panchayat System (Added by the 73rd Amendment)	243 A - 243 O
9A	Municipalities, Nagar Palika (Added by the 74th Amendment)	243 P - 243 ZG
9B	Formation of Cooperative Societies (Added by the 97th Constitutional Amendment)	243 ZH - 243 ZT
10	Scheduled and Tribal Areas	244 - 244 A
11	Union-State Legislative and Administrative Relations	245 - 263
12	Financial Relations between the Union and States	264 - 300 A
13	Trade, Commerce and Intercourse within the territory of India	301 - 307 A
14	Services Under the Union and the States	308 - 323 A
14 A	Administrative Tribunals (Added by the 42nd Amendment - 1976)	323 A, B
15	Elections	324 - 329 A
16	Special Provisions Relating to Certain Classes	330 - 342
17	Official Languages	343 - 351
18	Emergency Provisions	352 - 360
19	Protection of President and Governors, Miscellaneous Items	361 - 367
20	Amendment of the Constitution	368
21	Temporary, Transitional and Special Provisions	369 - 392
22	Title - Authoritative text in Hindi and Repeals	393 - 395

Currently there are 25 parts - (4A, 9A, 9B, 14A are additions).

Part 7 and Part 9 of the original constitution were repealed by the 7th Constitutional Amendment in 1956.

Part 9 was reintroduced by the 73rd Constitutional Amendment Act in 1992.

A Part signifies a collection of constitutional provisions related to a single topic.

Newly added parts in the Indian Constitution - 4 (4A, 9A, 9B, 14A).

Smallest part in the Indian Constitution - Part 20.

Largest part in the Indian Constitution - Part 5.

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Salient Features of the Indian Constitution

(SALIENT FEATURES OF THE INDIAN CONSTITUTION)

General and Unique Features:

Every written constitution in the world has general and unique features.

The political, cultural, and historical conditions prevailing in the country at the time of drafting the constitution are reflected in these features. Such features are abundant in the Indian Constitution as well.

1. Largest Written Constitution
2. Rigid and Flexible Constitution
3. Federal and Unitary State
4. Citizenship
5. Fundamental Rights
6. Directive Principles
7. Fundamental Duties
8. Parliamentary Form of Government
9. Federal System with Unitary Features

* In which of the following years did Indian citizens who completed 18 years of age use their voting right for the first time in the general elections held for the Lok Sabha?

1. 1984
2. 1996
3. 1991
4. 1989

(Answer: 4) 1989) (AP Constable - 2018)

* Identify the incorrect statement among the following.

1. India has Direct Democracy
2. India has a Federal System of Government
3. India is a Republic
4. India is a Secular State

(Answer: 1) India has Direct Democracy) (AP Constable - 2018)

1. Largest Written Constitution:

The Indian Constitution is the largest written constitution in the world.

When the constitution came into force, i.e., on January 26, 1950, it had 395 articles, 22 parts, and 8 schedules. The total number of pages was 403. The number of English words was 1,17,369.

Currently, there are 470 articles, 25 parts, 12 schedules, and 5 appendices.

Note: Numbered Articles - 395, Numbered Parts - 22.

2. Citizenship:

India provides single citizenship to its citizens.

Dual citizenship is in force in America and Switzerland.

3. Rigid - Flexible Constitution:

Flexible Constitution: A constitution is called flexible if the same procedure used for making ordinary laws is followed for constitutional amendments.

Rigid Constitution: A constitution is called rigid if a special difficult procedure is required for constitutional amendments.

The Indian constitutional amendment procedure is borrowed from the South African Constitution.

Constitutional amendment is explained in Article 368 in Part 20 of the Constitution.

There are three types of methods in the constitutional amendment procedure. They are -

1. Parliament can amend some provisions of the constitution with a simple majority (1/2 majority).

   Example: Formation of new states, changing the names and boundaries of states.

2. Parliament amends some provisions of the constitution with a unilateral special majority (2/3 majority).

   Example: Amending Directive Principles, Fundamental Rights.

3. If, along with a 2/3rd majority in Parliament, more than half of the state legislatures ratify with a simple majority, then some provisions of the constitution can be amended.

   Example: Procedure for presidential election, Union-State relations, matters related to the Supreme Court.

4. Federal Unitary State:

Article 1 of the Constitution declares India as a Union of States (Union of States).

Features of a Federal State: Written constitution, distribution of powers, independent judiciary, rigid constitution.

The term 'Federal State' is nowhere in the Constitution.

Residual powers empowering the central government are given to the center.

Both the state and the center have the power to legislate on items in the Concurrent List. But ultimate authority rests with the central government.

Residual powers belonging to the central government is a feature of a unitary state.

Ambedkar described the Indian Constitution as a 'highly centralized federal state'.

Federal and Unitary features in the Indian Constitution:

Federal Features	Unitary Features
1. Division of powers between Center and States	1. Single Citizenship
2. Written Constitution	2. All India Services
3. Bicameral Legislature	3. Governor System
4. Independent Judiciary	4. Central Supremacy over States
5. Dual Governments	5. Single State
6. Constitutional Supremacy	6. Residual Powers belong to the Center
	7. Integrated Judiciary
	8. President's Emergency Powers

5. Socialist, Secular State Features:

The Preamble of the Indian Constitution declares India as a Secular State.

"The state does not exhibit special favorable or unfavorable attitude towards any particular religion."

In 1976, the words 'Socialist', 'Secular', and 'Integrity' were added to the Preamble through the 42nd Constitutional Amendment.

Socialism means establishing a society of equals, minimizing the gaps between rich and poor, and government control over production forces.

6. Universal Adult Suffrage:

Article 326 grants voting rights to all citizens of India without discrimination based on caste, religion, color, language, region, property, or gender.

When the constitution came into force, the eligibility age for voting was 21 years. In 1988, the minimum voting age was reduced to 18 years through the 61st Constitutional Amendment. (Effective from March 28, 1989)

* Constitutional Amendment Act that reduced the voting age from 21 to 18 years

1. 69th Constitutional Amendment Act
2. 61st Constitutional Amendment Act
3. 63rd Constitutional Amendment Act
4. 66th Constitutional Amendment Act

(Answer: 2) 61st Constitutional Amendment Act) (AP Constable - 2019)

Assertion (A): Citizens in a federal country generally have dual citizenship. Although India is a federal country, Indian citizens have single citizenship.

Reason (R): India adopts a single citizenship policy with the aim of suppressing disruptive forces and protecting national integration.

Choose the correct answer:

1. (A) and (R) are both true and (R) is the correct explanation for (A)
2. (A) and (R) are both true but (R) is not the correct explanation for (A)
3. (A) is true and (R) is false
4. (A) is false and (R) is true

(Answer: 1) (A) and (R) are both true and (R) is the correct explanation for (A))

7. Parliamentary Government System:

The Indian Constitution established 'Westminster' style parliamentary governments in both the center and the states.

In the center, the President, and in the state, the Governor, act as nominal executive heads.

Image of Indian Parliament House (Example, replace with local image if needed)

The Council of Ministers headed by the Prime Minister at the center, and the Council of Ministers headed by the Chief Minister in the state, hold real executive powers.

8. Fundamental Rights:

Like the American Constitution, the Fundamental Rights are enshrined in Part III of the Indian Constitution, from Articles 12 to 35.

The original constitution had seven fundamental rights.

But through the 44th Constitutional Amendment in 1978, the Right to Property was removed from the list of Fundamental Rights. So, currently, there are only 6 fundamental rights.

These rights stand as proof of equilibrium between constitutional supremacy and parliamentary sovereignty.

9. Fundamental Duties:

The original constitution did not mention Fundamental Duties.

In 1976, through the 42nd Constitutional Amendment, ten duties were incorporated in Article 51A in Part 4A of the Indian Constitution.

Later, through the 86th Constitutional Amendment Act (2002), another fundamental duty was added. With this, their number reached 11.

10. Directive Principles:

Directive Principles are enshrined in Part IV, from Articles 36 to 51.

These are guiding principles given to the central and state governments to achieve the noble ideals in the Preamble of the Constitution.

Their main purpose is to establish a socialist pattern of society. However, these principles are not enforceable by law.

11. Division of Powers:

Although the Indian Constitution declared the country as a Union of States, the distribution of powers is constitutionally mandated.

Powers are divided into three lists.

These lists are the Union List, State List, and Concurrent List.

12. Sovereign, Socialist, Secular, Democratic Republic:

As mentioned in the Preamble of the Constitution, our constitution established a Sovereign, Socialist, Secular, Democratic Republic.

Internally, it has supreme authority, and externally, it has independent authority in foreign affairs. It is not subordinate to any foreign power.

People are the source of constitutional systems and power.

The President, Prime Minister, and other representatives are elected by the people for a fixed term.

13. Bicameral Legislature:

According to the Constitution, the central parliament has a bicameral system.

The lower house of Parliament is called the Lok Sabha and the upper house is called the Rajya Sabha. However, in states, the bicameral system is optional.

Currently, only six states have a bicameral system. (Recently, with the conversion of the state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir and Ladakh, the state legislature of that state was also abolished.)

The lower house in a state is called the Legislative Assembly (Vidhan Sabha), and the upper house is called the Legislative Council (Vidhan Parishad).

14. Central Supremacy During Emergency:

Articles 352 to 360 in Part 18 of the Constitution describe emergency provisions.

* These special powers can be exercised when the unity, integrity, security, and sovereignty of the country are threatened.

Three types of emergencies are mentioned. They are:

1. National Emergency (Article 352)
2. Constitutional Emergency (President's Rule) (Article 356)
3. Financial Emergency (Article 360)

Preamble of the Constitution (Preamble):

The Indian Constitution begins with the Preamble.

It can be called the introduction to the Indian Constitution.

The Preamble is also known as the preface, foreword, summary, abstract, keynote, and preamble.

The Preamble is like a mirror to the Constitution.

The Preamble reveals the philosophical foundations of the Constitution.

The Preamble is the essence of the basic features of the Constitution.

Author of the Preamble - Nehru (Proposed).

* Consider the following items related to National Integration.

1. 'We, the people of India' begins the Preamble of the Indian Constitution (Preamble).
2. Indian Constitutional Directive (Directive) Principles direct states to take actions towards ensuring equality, justice, and freedom for all.

Select the correct answers.

1. Both A and B are correct
2. Both A and B are incorrect
3. Only A is correct
4. Only B is correct

(Answer: 3) Only A is correct) (TSLPRBT-2018)

Basis of the Preamble:

The 'Objectives Resolution' introduced by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946, is the main basis.

Liberty, Equality, Fraternity, which influenced the French Revolution (1789), served as inspiration for the Preamble.

The ideas of Social, Economic, and Political Justice included in the Preamble are borrowed from the Russian Revolution (1917).

The concept of the Preamble is adopted from the American Constitution.

The Preamble of the Constitution reveals the objective of the Indian Constitution.

The Preamble of the Constitution:

“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.”

Note: Sculptor who carved the Preamble of the Indian Constitution (Art of work) - Nandalal Bose.

Preamble means a constructive index.

Total words in the Preamble - 73.

Real artist of the Preamble (Artwork) - Beohar Ram Manohar Sinha.

Main word in the Preamble - We, the People of India.

Preamble became law on - November 26, 1945 (Typo in original text, should be 1949), November 26, 1949.

Key Points Seen in the Preamble:

1. Source of Authority in India - The People
2. Nature of the Government - Sovereign, Socialist, Secular, Democratic, Republic