Structure of Indian Constitution

The Indian constitution is the world's longest constitution. At the time of commencement, the constitution had 395 articles in 22 parts and 8 schedules. It consists of almost 80,000 words. The Constitution, in its current form (September 2012), consists of a preamble, 25 parts containing 448 articles, 12 schedules, 5 appendices and 100 amendments, the latest of which came into force on 1 August 2015.

Parts

The individual Articles of the Constitution are grouped together into the following Parts:

Preamble with the words "socialist" and "secular" added to it in 1976 by the 42nd constitutional amendment (mini constitution). Part I – Union and its Territory Part II – Citizenship. Part III – Fundamental Rights Part IV[ – Directive Principles of State Policy Part IVA – Fundamental Duties Part V – The Union Part VI – The States Part VII – States in the B part of the First schedule(repealed) Part VIII – The Union Territories Part IX – The Panchayats Part IXA – The Municipalities Part IXB – The Co-operative Societies. Part X – The 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 the territory of India Part XIV – Services Under the Union, the 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 – Amendment of 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 that categorize and tabulate bureaucratic activity and policy of the Government.

• First Schedule (Articles 1 and 4) - This lists the states and territories of India, lists any changes to 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)- – This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India.
• Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)—Forms of Oaths – This lists the oaths of offices for elected officials and judges.
• Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.
• Fifth Schedule (Article 244(1)) – This provides for the administration and control of Scheduled Areas andScheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).
• 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) —The union (central government), state, and concurrent lists of responsibilities.
• Eighth Schedule (Articles 344(1) and 351)—The official languages.
• Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations.
• Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection" provisions for Members of Parliament and Members of the 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, with reference to the present text of the Constitution, of the exceptions and modifications subject to which the Constitution applies 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.

Schedules in Constitution of India

Followings are the schedules in Constitution of India

First Schedule	List of States & Union Territories
Second Schedule	Salary of President, Governors, Chief Judges, Judges of High Court and Supreme court, Comptroller and Auditor General
Third Schedule	Forms of Oaths and affirmations
Fourth Schedule	Allocate seats for each state of India in Rajya Sabha
Fifth Schedule	Administration and control of scheduled areas and tribes
Sixth Schedule	Provisions for administration of Tribal Area in Asom, Meghalaya, Tripura, Mizoram & Arunachal Pradesh
Seventh Schedule	Gives allocation of powers and functions between Union & States. It contains 3 lists Union List (For central Govt) 97 Subjects. States List (Powers of State Govt) 66 subjects Concurrent List (Both Union & States) 47 subjects.
Eighth Schedule	List of 22 languages of India recognized by Constitution 1. Assamese 2. Bengali 3. Gujarati 4. Hindi 5. Kannada 6. Kashmiri 7. Manipuri 8. Malayalam 9. Konkani 10. Marathi 11. Nepali 12. Oriya 13. Punjabi 14. Sanskrit 15. Sindhi 16. Tamil 17. Telugu 18. Urdu 19. Santhali 20. Bodo 21. Maithili 22. Dogri Sindhi was added in 1967 by 21 Amendment Konkani, Manipuri and Nepali were added in 1992 by 71 amendment Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment
Ninth Schedule	Added by Ist amendment in 1951. Contains acts & orders related to land tenure, land tax, railways, industries.{Right of property not a fundamental right now}
Tenth Schedule	Added by 52nd amendment in 1985. Contains provisions of disqualification of grounds of defection
Eleventh Schedule	By 73rd amendment in 1992. Contains provisions of Panchayati Raj.
Twelfth Schedule	By 74th amendment in 1992. Contains provisions of Municipal Corporation.

Borrowed Features of Indian Constitution from other constitutions

Why did Indian Constitution borrow features from other Constitutions around the globe?

The Founding Fathers of the Indian Constitution were wise enough to borrow from the experience gained in the working of various other Constitutions They also kept in mind the needs and conditions of India. Nearly 75 percent of the Constitution can be said to be a reproduction of the Government of India Act- 1935 with suitable adaptations and modifications.

Following are the Important Features which were taken from Other Constitutions:

British Constitution

• Parliamentary form of government
• The idea of single citizenship
• The idea of the Rule of law
• Institution of Speaker and his role
• Lawmaking procedure
• Procedure established by Law

United States Constitution

• Charter of Fundamental Rights
• Federal structure of government
• Independence of the judiciary
• President as supreme commander of armed forces
• Equal Protection under law

Irish Constitution

• Directive principles of state policy

Australian Constitution

• Freedom of trade and commerce within the country and between the states
• Power of the national legislature to make
• laws for implementing treaties, even on matters outside normal Federal jurisdiction
• Concurrent List

French Constitution

• Ideals of Liberty, Equality and Fraternity

Canadian Constitution

• A quasi-federal form of government —a federal system with a strong central government
• The idea of Residual Powers                                                                                                                                                                                                                      Constitution of the Soviet Union
• Fundamental Duties u/a 51-A
• A Constitutionally mandated Planning Commission to oversee the development of the economy

Other Constitutions

• Emergency Provision u/a 356, Weimar Constitution
• Amendment of Constitution, South Africa
• Due Procedure of Law, Japan

Critics have described the Indian Constitution as a “bag of borrowings” and a “hotch potch Constitution”.

Constitution of India and Polity

The present constitution of India was framed by the Constitution Assembly of India setup under Cabinet Mission Plan of May 16, 1946.

Composition of Constituent Assembly:-

• The Constituent Assembly consisted of 385 members, of which 292 were elected by he elected members of the Provincial Legislative Assemblies while 93 members were nominated by the Princely States. To these were to be added a representative each from the four Chief Commissioners Provinces of Delhi, Ajmer-Marwar, Coorg and British Baluchistan.
• Each Province and each Indian State or group of States were allotted the total number of seas proportional to their respective population roughly in the ration of one to a million.
• B N Rao was appointed the Constitutional Advisor of the Assembly.
• The first meeting of the Constituent Assembly took place of Dec 9, 1946 with Dr. Sachidanand Sinha as its interim President. Dr. Rajendra Prasad was elected as its President n Dec 11, 1946.
• The Assembly framing the Constitution.had 13 Committees.
• The all-important Drafting Committee, which bore the responsibility of drafting the Constitutional document during the recess of the Constitutent Assembly, from July 1947 to September 1948, was formed on August 29, 1947. Its members were:
  1. Dr. B.R. Ambedkar
  2. N. Gopalaswami Ayyar
  3. K.M. Munshi
  4. Syyed Mohd. Saadulla
  5. N.Madhav Rao
  6. D.P.Khaitan (T Krishnamachari, after Kahitan�s Death in 1948)
• It was finally passed and accepted on Nov 26, 1949. The session of the Assembly was held on Jan 24, 1950, which unanimously elected Dr, Rajendra Prasad as the President of India. In all the 284 members of the Assembly signed the official copies of the Indian Constitution which came into effect on Jan 26, 1950, known and celebrated as the Republic Day of India

PREAMBLE TO THE CONSTITUTION

The Indian Constitution starts with the preamble which outlines the main objectives of the Constitution. It reads:

" WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure 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 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 HIS CONSTITUTION ".

Idea of preamble borrowed from Constitution of US.

The words �SOCIALIST�, �SECULAR� and �UNITY� & �INTEGRITY� were added by the 42nd Amendment in 1976.

Preamble is not justifiable