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Indian Polity Quiz

The Indian Constitution: Complete Overview

You asked for the whole Indian Constitution in one set of notes. These notes give a complete working map of it: how it was framed and where its provisions were borrowed from, its physical structure of parts, schedules and articles, the Preamble, citizenship, Fundamental Rights, Directive Principles and Fundamental Duties, the Union executive, Parliament, the judiciary, the states and local government, centre-state relations, the emergency provisions, the amendment procedure and the basic structure doctrine, and the constitutional bodies. A 20-question practice set follows.

Making of the Constitution and Its Sources

The Constituent Assembly was set up under the Cabinet Mission Plan of 1946. It first met on 9 December 1946, elected Dr Rajendra Prasad as its permanent chairman, and appointed a Drafting Committee chaired by Dr B R Ambedkar. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950, a date chosen to commemorate the Purna Swaraj declaration of 1930.

  • Framing took 2 years, 11 months and 18 days. The Objectives Resolution was moved by Jawaharlal Nehru on 13 December 1946 and later became the basis of the Preamble.
  • Dr B R Ambedkar chaired the Drafting Committee and is known as the Father of the Indian Constitution; Sir B N Rau was the Constitutional Adviser.
  • The Constitution of India is the lengthiest written constitution of any sovereign country in the world.
  • Borrowed features: parliamentary government, rule of law, single citizenship, cabinet system and writs from Britain; Fundamental Rights, judicial review, an independent judiciary and impeachment of the President from the United States; Directive Principles from Ireland; a federal system with a strong centre, residuary powers with the centre and appointment of Governors from Canada; the Concurrent List, joint sitting and freedom of trade from Australia; emergency provisions and the suspension of Fundamental Rights from the Weimar Constitution of Germany; Fundamental Duties and the five-year plan idea from the Soviet Union; liberty, equality and fraternity from France; the amendment procedure and election of the Rajya Sabha from South Africa; the procedure established by law from Japan.
  • At commencement the Constitution had a Preamble, 395 articles in 22 parts and 8 schedules. Today it has about 470 articles in 25 parts and 12 schedules, after more than 100 amendments; the original articles are never renumbered, so additions appear as 21A, 243A and similar.

Preamble, Citizenship, Rights and Duties

The Preamble declares India to be a sovereign, socialist, secular, democratic republic and states the objectives of justice, liberty, equality and fraternity. It is not a source of power, but the Supreme Court held in the Kesavananda Bharati case of 1973 that it is part of the Constitution and can be amended without damaging the basic structure. The words socialist, secular and integrity were inserted by the 42nd Amendment of 1976.

  • Citizenship is covered by Articles 5 to 11, Part II. India follows single citizenship. Parliament enacted the Citizenship Act of 1955 to govern acquisition and loss of citizenship.
  • Fundamental Rights, Part III, Articles 12 to 35, are justiciable. There are six: right to equality (Articles 14 to 18), right to freedom (19 to 22), right against exploitation (23 to 24), right to freedom of religion (25 to 28), cultural and educational rights (29 to 30), and right to constitutional remedies (32).
  • The right to property was removed as a Fundamental Right by the 44th Amendment of 1978 and is now a legal right under Article 300A.
  • Article 32, called by Ambedkar the heart and soul of the Constitution, allows a person to move the Supreme Court directly for enforcement of Fundamental Rights. The five writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto. High Courts have wider writ power under Article 226, which covers legal rights as well.
  • Article 21 guarantees the right to life and personal liberty, expanded by judicial interpretation to include livelihood, privacy, clean environment, speedy trial and dignity. Article 21A, added by the 86th Amendment of 2002, makes free and compulsory education for children aged 6 to 14 a Fundamental Right.
  • Directive Principles of State Policy, Part IV, Articles 36 to 51, are non-justiciable guidelines drawn from Ireland and aimed at establishing a welfare state. Article 40 covers village panchayats, Article 44 the uniform civil code, Article 48A protection of the environment and Article 50 separation of the judiciary from the executive.
  • Fundamental Duties, Part IVA, Article 51A, were added by the 42nd Amendment of 1976 on the recommendation of the Swaran Singh Committee. They were originally ten; the 86th Amendment added an eleventh, the duty of a parent to provide education opportunities to a child aged 6 to 14, making eleven in total.

Union Government: Executive, Parliament and Judiciary

India has a parliamentary system in which the President is the constitutional head and the real executive power rests with the Council of Ministers headed by the Prime Minister, which is collectively responsible to the Lok Sabha. The Constitution deliberately combines a federal structure with a strong centre and a single integrated judiciary.

  • The President (Articles 52 to 62) is elected indirectly by an electoral college of elected members of both Houses of Parliament and of the state and Union territory legislative assemblies, by a single transferable vote and proportional representation. The term is five years and the minimum age is 35. Removal is by impeachment under Article 61 for violation of the Constitution.
  • Article 72 gives the President the power to grant pardons, reprieves, respites and remissions.
  • The Vice-President (Articles 63 to 71) is elected by both Houses of Parliament and is ex officio Chairman of the Rajya Sabha.
  • Article 74 provides that the President shall act on the aid and advice of the Council of Ministers; the 42nd and 44th Amendments made this advice binding, with one power to send it back for reconsideration.
  • Parliament (Article 79) consists of the President, the Rajya Sabha and the Lok Sabha. The Lok Sabha has a maximum strength of 550 elected members and a five-year term. The Rajya Sabha has a maximum of 250 members, of whom 12 are nominated by the President; it is a permanent body that is never dissolved, with one third retiring every two years and members serving six-year terms.
  • A Money Bill is defined in Article 110, can be introduced only in the Lok Sabha on the recommendation of the President, and the Rajya Sabha can only make recommendations within 14 days. There is no joint sitting for a Money Bill. A joint sitting under Article 108 is presided over by the Speaker of the Lok Sabha.
  • The Supreme Court (Articles 124 to 147) has original, appellate and advisory jurisdiction. Judges are appointed by the President and hold office until age 65; High Court judges retire at 62. Removal is by the process in Article 124(4) on grounds of proved misbehaviour or incapacity.
  • Article 137 allows the Supreme Court to review its own judgments; Article 141 makes its law binding on all courts in India; Article 143 provides for a Presidential reference for advisory opinion.
  • The Comptroller and Auditor General (Article 148) audits all receipts and expenditure of the Union and the states and is called the guardian of the public purse. The Attorney General (Article 76) is the highest law officer of the Union.

States, Centre-State Relations, Emergency and Amendment

The state structure mirrors the Union: a Governor as constitutional head, a Chief Minister with a Council of Ministers, and a legislature that may be unicameral or bicameral. Powers are divided by the Seventh Schedule, and the balance tilts firmly toward the centre in both normal times and emergencies.

  • The Governor (Articles 153 to 162) is appointed by the President, holds office during the President's pleasure, and must be at least 35 years old. Article 356 allows President's Rule in a state on the report of the Governor if the government cannot be carried on in accordance with the Constitution; the S R Bommai judgment of 1994 made its use judicially reviewable.
  • Seventh Schedule: the Union List (originally 97 subjects, now 98 or 100 depending on count) covers defence, foreign affairs, railways, currency and atomic energy; the State List (originally 66, now 59 or 61) covers police, public order, agriculture, public health and local government; the Concurrent List (originally 47, now 52) covers criminal law, marriage, education, forests and bankruptcy. Education, forests, weights and measures, wildlife and administration of justice were moved from the State List to the Concurrent List by the 42nd Amendment. Residuary powers rest with the Union under Article 248.
  • In case of conflict on a Concurrent List subject, Union law prevails under Article 254, unless the state law received Presidential assent.
  • Local government: the 73rd Amendment of 1992 added Part IX and the Eleventh Schedule with 29 subjects, creating a three-tier panchayati raj system; the 74th Amendment of 1992 added Part IXA and the Twelfth Schedule with 18 subjects for urban local bodies. Both reserve one third of seats for women and provide five-year terms with a State Election Commission and a State Finance Commission.
  • Three emergencies: National Emergency under Article 352 on grounds of war, external aggression or armed rebellion, which requires approval by both Houses by a special majority within one month; President's Rule under Article 356; and Financial Emergency under Article 360, which has never been proclaimed. During a National Emergency, Article 19 is suspended if the ground is war or external aggression, but Articles 20 and 21 can never be suspended after the 44th Amendment.
  • Amendment procedure, Article 368: some provisions by a simple majority outside Article 368, most by a special majority of each House, and federal provisions by a special majority plus ratification by at least half the state legislatures.
  • The basic structure doctrine was laid down in Kesavananda Bharati v State of Kerala in 1973: Parliament may amend any part of the Constitution but cannot destroy its basic structure, which includes supremacy of the Constitution, the republican and democratic form, secularism, separation of powers, federalism, judicial review, free and fair elections and the rule of law.
  • Key amendments: the 42nd of 1976, called the mini-Constitution, added socialist, secular and integrity to the Preamble along with Fundamental Duties; the 44th of 1978 removed the right to property from Part III and protected Articles 20 and 21 in emergencies; the 61st of 1988 lowered the voting age from 21 to 18; the 101st of 2016 introduced the Goods and Services Tax; the 103rd of 2019 provided reservation for economically weaker sections.
  • Constitutional bodies include the Election Commission (Article 324), the Union Public Service Commission (Article 315), the Finance Commission (Article 280), the National Commission for Scheduled Castes (338) and for Scheduled Tribes (338A), and the Comptroller and Auditor General (148). The NITI Aayog, the Central Bureau of Investigation and the Central Vigilance Commission are not constitutional bodies.

Key Terms

Basic structure doctrine
The principle from Kesavananda Bharati (1973) that Parliament's amending power under Article 368 cannot be used to destroy the essential framework of the Constitution.
Directive Principles of State Policy
Non-justiciable guidelines in Part IV, borrowed from Ireland, directing the state toward social and economic welfare.
Money Bill
A bill dealing only with the matters listed in Article 110; it originates only in the Lok Sabha and the Rajya Sabha may merely recommend changes within 14 days.
Writ of habeas corpus
A court order under Article 32 or 226 requiring that a detained person be produced before the court, used to test the legality of detention.

Practice Quiz — 20 Questions

correct out of 20

  1. The Constitution of India came into force on:

    • A.15 August 1947
    • B.26 November 1949
    • C.26 January 1950
    • D.9 December 1946
    C. 26 January 1950 — It was adopted on 26 November 1949 and commenced on 26 January 1950, now celebrated as Republic Day.

  2. The Chairman of the Drafting Committee of the Constituent Assembly was:

    • A.Dr Rajendra Prasad
    • B.Jawaharlal Nehru
    • C.Dr B R Ambedkar
    • D.Sardar Vallabhbhai Patel
    C. Dr B R Ambedkar — Dr B R Ambedkar chaired the Drafting Committee; Dr Rajendra Prasad was President of the Assembly.

  3. The Directive Principles of State Policy were borrowed from the constitution of:

    • A.United States
    • B.Ireland
    • C.Canada
    • D.Australia
    B. Ireland — Part IV is modelled on the Irish Constitution, which in turn drew on Spanish precedent.

  4. The words socialist and secular were added to the Preamble by which amendment?

    • A.24th Amendment
    • B.42nd Amendment
    • C.44th Amendment
    • D.52nd Amendment
    B. 42nd Amendment — The 42nd Amendment of 1976 inserted socialist, secular and integrity into the Preamble.

  5. Which article did Dr Ambedkar call the heart and soul of the Constitution?

    • A.Article 14
    • B.Article 19
    • C.Article 21
    • D.Article 32
    D. Article 32 — Article 32 gives the right to move the Supreme Court directly for enforcement of Fundamental Rights.

  6. The right to property is today:

    • A.A Fundamental Right under Article 19
    • B.A legal right under Article 300A
    • C.A Directive Principle
    • D.A Fundamental Duty
    B. A legal right under Article 300A — The 44th Amendment of 1978 removed it from Part III and placed it in Article 300A as a constitutional legal right.

  7. The writ issued to secure the release of a person unlawfully detained is:

    • A.Mandamus
    • B.Certiorari
    • C.Habeas corpus
    • D.Quo warranto
    C. Habeas corpus — Habeas corpus literally means to have the body, and requires the detainee to be produced before the court.

  8. Fundamental Duties were added on the recommendation of which committee?

    • A.Sarkaria Commission
    • B.Swaran Singh Committee
    • C.Balwant Rai Mehta Committee
    • D.Punchhi Commission
    B. Swaran Singh Committee — The Swaran Singh Committee recommended them and they were inserted as Article 51A by the 42nd Amendment.

  9. How many Fundamental Duties are there at present?

    • A.Ten
    • B.Eleven
    • C.Twelve
    • D.Nine
    B. Eleven — Ten were added in 1976 and an eleventh, on providing education to a child aged 6 to 14, was added by the 86th Amendment in 2002.

  10. The President of India is elected by:

    • A.Direct election by the people
    • B.Members of the Lok Sabha only
    • C.An electoral college of elected members of Parliament and state legislative assemblies
    • D.The Council of Ministers
    C. An electoral college of elected members of Parliament and state legislative assemblies — Article 54 provides for an electoral college using a single transferable vote and proportional representation.

  11. The Rajya Sabha is a permanent House because:

    • A.Its members serve for life
    • B.It is never dissolved and one third retire every two years
    • C.It has no fixed strength
    • D.Its members are all nominated
    B. It is never dissolved and one third retire every two years — Members serve six years with staggered retirement, so the House itself is never dissolved.

  12. A Money Bill can be introduced:

    • A.In either House
    • B.Only in the Rajya Sabha
    • C.Only in the Lok Sabha with the President's recommendation
    • D.Only by the President
    C. Only in the Lok Sabha with the President's recommendation — Article 110 restricts introduction to the Lok Sabha, and the Rajya Sabha may only recommend changes within 14 days.

  13. A joint sitting of both Houses of Parliament is presided over by:

    • A.The President
    • B.The Vice-President
    • C.The Speaker of the Lok Sabha
    • D.The Prime Minister
    C. The Speaker of the Lok Sabha — Under Article 108 the Speaker presides; there is no joint sitting for Money Bills or Constitutional Amendment Bills.

  14. The retirement age of a Supreme Court judge is:

    • A.60 years
    • B.62 years
    • C.65 years
    • D.70 years
    C. 65 years — Supreme Court judges retire at 65 and High Court judges at 62.

  15. The Comptroller and Auditor General of India is described as:

    • A.The guardian of the public purse
    • B.The first law officer
    • C.The head of the civil service
    • D.The custodian of the Constitution
    A. The guardian of the public purse — Article 148 makes the CAG responsible for auditing all Union and state receipts and expenditure.

  16. Residuary powers of legislation belong to:

    • A.The states
    • B.The Union
    • C.Both equally
    • D.Local bodies
    B. The Union — Article 248 vests residuary powers in Parliament, a feature borrowed from Canada.

  17. Subjects such as education and forests were moved from the State List to the Concurrent List by the:

    • A.7th Amendment
    • B.42nd Amendment
    • C.44th Amendment
    • D.73rd Amendment
    B. 42nd Amendment — The 42nd Amendment of 1976 transferred education, forests, weights and measures, wildlife and administration of justice.

  18. Which rights can never be suspended even during a National Emergency?

    • A.Articles 14 and 19
    • B.Articles 20 and 21
    • C.Articles 25 and 26
    • D.Articles 29 and 30
    B. Articles 20 and 21 — The 44th Amendment of 1978 made protection in respect of conviction (Article 20) and life and personal liberty (Article 21) non-suspendable.

  19. The 73rd Amendment of 1992 relates to:

    • A.Urban local bodies
    • B.Panchayati raj institutions
    • C.Goods and Services Tax
    • D.Reservation for economically weaker sections
    B. Panchayati raj institutions — It added Part IX and the Eleventh Schedule, giving constitutional status to a three-tier panchayat system.

  20. The basic structure doctrine was established in which case?

    • A.Golaknath v State of Punjab
    • B.Kesavananda Bharati v State of Kerala
    • C.Minerva Mills v Union of India
    • D.S R Bommai v Union of India
    B. Kesavananda Bharati v State of Kerala — The 1973 Kesavananda Bharati judgment held that Parliament may amend the Constitution but not destroy its basic structure.

References