India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950. The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President. As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President, who shall exercise his/ her functions in accordance to the advice.
The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head. Indian constitution contains 395 Articles in parts I to XXII and 12 Schedules.
Although the skeleton of the constitution was derived from the Government of India Act 1935, many provisions were imported from other constitutions of the world. Some of them are listed below along with the Government of India Act, 1935.
Government of India Act , 1935: This Act formed the basis or ‘blueprint’ of the constitution of India with the features of Federal system, office of Governor, emergency powers etc. Besides, the Constitution of India has borrowed from the...
Constitution of Britain: Law making procedure, Rule of law , Single citizenship, Bi-cameral Parliamentary system, office of CAG.
Constitution of USA: Independence of judiciary, judicial review, fundamental rights, removal of Supreme Court and High Court judges, Preamble and functions of President and Vice-president.
Constitution of Canada: Scheme of federation with a strong centre. Distribution of powers between centre and the states and placing. Residuary Powers with the centre.
Constitution of Ireland: Concept of Directive Principles of States Policy (Ireland borrowed it from Spain). Method of election of President. Nomination of members in the Rajya Sabha by the President.
The Weimar Constitution of Germany: Suspension of Fundamental Rights during the emergency.
Constitution of Australia: Concurrent list. Language of the preamble. Provision regarding trade, commerce and intercourse.
Constitution of South Africa: Amendment with majority in Parliament and election of the Members of Rajya sabha on the basis of proportional representation.
Constitution of France: Republican System, Principles of Liberty, Equality and Fraternity.
Constitution of former USSR: Fundamental Duties and Five year Plan.
Articles of the Constitution (1-395)
Union and its Territory:
1. Name and Territory of the union
2. Admission or establishment of new states
3. Formation of new states and alteration of areas, boundaries or names of existing states
4. Laws made under Articles 2 and 3 to provide for the amendment of the First and Fourth Schedules and supplemental, incidental and consequential matters.
5. Citizenship at the commencement of the Constitution
6. Rights of citizenship of certain persons who have migrated to India from Pakistan
7. Rights of citizenship of certain migrants to Pakistan
8. Rights of citizenship of certain persons of Indian origin residing outside India
9. Persons voluntarily acquiring citizenship of a foreign state not to be citizens
10. Continuance of the rights of citizenship
11. Parliament to regulate the right of citizenship by law
12. Definition of state
13. Laws inconsistent with or in derogation of the fundamental rights
14. Equality before law
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
16. Equality of opportunity in matters of public employment
17. Abolition of untouchability
18. Abolition of titles
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences
21. Protection of life and personal liberty
21A. Right to elementary education
22. Protection against arrest and detention in certain cases
23. Prohibition of traffic in human beings and forced labour
24. Prohibition of employment of children in factories, etc.
25. Freedom of conscience and fee profession, practice and propagation of religion.
26. Freedom to manage religious affairs
27. Freedom as to payment of taxes for promotion of any particular religion
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions
29. Protection of interests of minorities
30. Rights of minorities to establish and administer educational institutions.
31A. Saving of laws providing for acquisition of estates, etc.
31C. Saving of laws giving effect to certain direction principles
32. Remedies for enforcement of fundamental rights including writs
33. Power of Parliament to modify the fundamental rights in their application to forces, etc.
34. Restriction on fundamental right while martial law is in force in any area
35. Legislation to give effect to some of the provisions of fundamental right
Directive Principles of State policy
36. Definition of State
37. Application of the directive principles
38. State to secure a social order for the promotion of welfare of the people
39. Certain principles of policy to be followed by the state.
39A. Equal justice and free legal aid
40. Organisation of Village Panchayats
41. Right to work, to education, and to public assistance in certain cases
42. Provision for just and humane conditions of work and maternity relief
43. Living wage, etc. for workers
43A. Participation of workers in management of industries
44. Uniform civil code for the citizens
45. Provision for early childhood care and education to children below the age of six Years
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
47. Duty of the state to raise the level of nutrition and the standard of living and to improve public health
48. Organisation of agriculture and animal husbandry
48A. Protection and improvement of environment and safeguarding of forests and wildlife
49. Protection of monuments and places and objects of national importance
50. Separation of judiciary from executive
51. Promotion of international peace and security
51A. Fundamental duties
President and Vice-President:
52. The President of India
53. Executive power of the Union
54. Election of President
55. Manner of election of President
56. Term of office of President
57. Eligibility of re-election
58. Qualifications for election as President
59. Conditions of President’s office
60. Oath or affirmation by the President
61. Procedure for impeachment of the President
62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy
63. The Vice-President of India
64. The Vice-President to be ex-officio chairman of the council of states the term of office of person elected to fill casual vacancy
65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during casual vacancies in the office, or during the absence, or president
66. Election of Vice-President
67. Term of office of Vice-President
68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.
69. Oath or affirmation by the Vice-President
70. Discharge of President’s function in other contingencies
71. Matters relating to, or connected with, the election of a President or Vice- sentences in certain cases
72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
73. Extent of executive power of the Union
Union Ministers and Attorney General
74. Council of ministers to aid and advise President
75. Other Provision as to ministers
76. Attorney-General for India
77. Conduct of business of the Government of India
78. Duties of Prime Minister as respects the furnishing of information to the President, etc.
79. Constitution of Parliament
80. Composition of the council of states
81. Composition of the House of the people
82. Readjustment after each census
83. Duration of Houses of Parliament
84. Qualification for membership of Parliament
85. Sessions of Parliament, prorogation and dissolution
86. Right of President to address and send messages to Houses
87. Special address by the President
88. Rights of ministers and Attorney General as respects Houses
89. The chairman and deputy chairman of the council of states
90. Vacation and resignation of, and removal from the office of deputy chairman
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
93. The Speaker and Deputy Speaker of the House of the people
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
98. Secretariat of Parliament
99. Oath or Affirmation by members
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
101. Vacation of seats
102. Disqualifications for membership
103. Decision on question as to disqualifications of members
104. Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified
105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof
106. Salaries and allowances of members
107. Provisions as to introduction and passing of bills
108. Joint sitting of both Houses in certain cases
109. Special procedure in respect of money bills
110. Definition of money bills
111. Assent to bills
112. Annual financial statement (budget)
113. Procedure in Parliament with respect to estimates.
114. Appropriation bills
115. Supplementary, additional or excess grants
116. Votes on account, votes of credit and exceptional grants
117. Special provisions as to financial bills
118. Rules of procedure
119. Regulation by law of procedure in parliament in relation to financial business
120. Language to be used in Parliament.
121. Restriction on discussion in Parliament
122. Courts not to inquire into proceedings of Parliament
123. Power of President to Promulgate ordinances during recess of Parliament
124. Establishment and Constitution of Supreme Court
125. Salaries, etc., of judges
126. Appointment of acting Chief Justice
127. Appointment of adhoc judges
128. Attendance of retired judges at sittings of the Supreme Court
129. Supreme Court to be a court of record
130. Seat of Supreme Court
131. Original jurisdiction of the Supreme Court
132. Appellate jurisdiction of Supreme Court in appeals from high courts in certain cases
133. Appellate jurisdiction of Supreme Court in appeals from high courts in regard to civil matters
134. Appellate jurisdiction of Supreme Court in regard to criminal matters
134A. Certificate for appeal to the Supreme Court in regard to criminal matters
135. Jurisdiction and powers of the federal court under existing law to be exercisable by the Supreme Court
136. Special leave to appeal by the Supreme Court
137. Review of judgements or orders by the Supreme Court
138. Enlargement of the jurisdiction of the Supreme Court
139. Conferment on the Supreme Court of powers to issue certain writs
139A. Transfer of certain cases
140. Ancillary powers of Supreme Court
141. Law declared by Supreme Court
142. Enforcement of decrees and order of Supreme Court and orders as to discovery, etc.
143. Power of President to consult Supreme Court
144. Civil and judicial authorities to act in aid of the Supreme Court
145. Rules of court, etc.
146. Officers and servants and the expenses of the Supreme Court