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3.1] Structure of the Indian Constitution

1. Introduction

The Constitution of India is the supreme law of India. The document lays down the framework that outlines the structure, procedures, powers, and duties of government institutions in India. The constitution also sets out fundamental rights, directive principles, and the duties of citizens, among other things.

The It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. 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 To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day.

The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament House in New Delhi.

2. Structure of the Indian Constitution

Before studying the Indian Constitution, it is important to have an overall idea about the structure of the constitution. The Indian Constitution is one of the longest written constitutions in the world, containing a preamble and numerous articles, divided into various parts. Here’s a brief overview of its structure:

Preamble: The preamble sets out the ideals and objectives of the constitution. It emphasizes justice, liberty, equality, and fraternity, among other principles.

Parts: The constitution is divided into various parts, each dealing with specific aspects of governance, rights, and institutions.

Articles: Each part contains several articles that elaborate on specific provisions, rights, duties, and powers. These articles range from fundamental rights and directive principles to provisions regarding the organization and functioning of various governmental bodies and institutions.

Following are the parts of Indian Constitution

Part I: Union and its TerritoryPart XI: Relations between the Union and the States
Part II: CitizenshipPart XII: Finance, Property, Contracts, and Suits
Part III: Fundamental RightsPart XIII: Trade, Commerce and Intercourse within the Territory of India
Part IV: Directive Principles of State PolicyPart XIV: Services under the Union and the States
Part IV A: Fundamental DutiesPart XIV A: Tribunals
Part V: The UnionPart XV: Elections
Part VI: The StatesPart XVI: Special Provisions Relating to Certain Classes
Part VII: States in the B Part of the First Schedule (Repealed by the 7th Amendment)Part XVII: Official Language
Part VIII: The Union TerritoriesPart XVIII: Emergency Provisions
Part IX: The PanchayatsPart XIX: Miscellaneous
Part IX A: The MunicipalitiesPart XX: Amendment of the Constitution
Part IX B: The Co-operative SocietiesPart XXI: Temporary, Transitional and Special Provisions
Part X: The Scheduled and Tribal AreasPart XXII: Short title, Commencement, Authoritative Text in Hindi and Repeals

Schedules: Schedules are separate appendices that provide additional details, lists, and information that support and complement the provisions outlined in the main body of the constitution. These are included at the end of the constitution, following the last part (Part XXII). There are currently 12 schedules in the Indian Constitution dealing with various areas.

Schedule No.Deals With
1List of states and union territories.
2Salaries of top officials.
3Oaths and affirmations.
4Allocation of seats in the Rajya Sabha.
5Administration of tribal areas.
6Administration of tribal areas in specific states.
7Division of powers between central and state governments.
8Official languages of India.
9Protection for certain laws from judicial review.
10Rules regarding defection of elected officials.
11Powers and responsibilities of local village councils.
12Powers and responsibilities of urban local bodies (municipalities)

Amendments: The constitution provides for its own amendment to adapt to changing circumstances. The procedure for amendment is detailed in Article 368 (Part XX). When a constitution is amended, the original text of the constitution changes in accordance with the amendment. There is a separate section in this topics which deals with the amendment to the Indian Constitution.\

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