Key Components of the Structure
Preamble
- The Preamble states the ideals and objectives—justice, liberty, equality, and fraternity—guiding the Constitution.
Parts and Articles
- The Constitution is divided into parts, each grouping articles about a specific theme or area of governance.
- Originally, there were 22 parts; today, there are 25 parts covering topics like the Union and its territory, citizenship, fundamental rights, directive principles, the Union and states, the judiciary, elections, and special provisions for certain regions or groups.
- Articles are specific sections within these parts; the total has grown from 395 at inception to 448 today.
Schedules
- The schedules are appendices that contain additional details, lists, and guidelines to supplement constitutional provisions.
- The original 8 Schedules have expanded to 12, dealing with issues such as the allocation of powers, lists of states and territories, administration of tribal areas, and official languages.
Federal Structure with Unitary Features
- India is a federal union with a strong center but with unitary features such as a single constitution, single citizenship, a unified judiciary, and emergency powers.
- Powers are divided among the Union, states, and (after amendments) local governments.
Basic Structure Doctrine
- Landmark Supreme Court judgments have established that certain core features (the “basic structure”) of the Constitution cannot be amended by Parliament. These include supremacy of the Constitution, democracy, secularism, separation of powers, fundamental rights, rule of law, and more.
Summary Table: Structure of Indian Constitution
This detailed framework allows India to accommodate its diversity, balance central authority with local autonomy, and protect foundational democratic values.
B. THE PREAMBLE OF THE INDIAN CONSTITUTION
The Preamble of the Indian Constitution is a brief introductory statement that sets out the guiding values, principles, and objectives of the Constitution. It serves as the “identity card” of the document, summarizing its essence and reflecting the aspirations of the people of India.
Full Text of the Preamble
Decorative page from the original Constitution of India displaying the Preamble, adopted November 26, 1949
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, we HEREBY ADOPT, ENACT, AND GIVE TO OURSELVES THIS CONSTITUTION.
Highlights of the Preamble
- Source of authority: The Constitution derives its power from “the people of India.”
- Nature of State: Declares India as a sovereign, socialist, secular, democratic republic.
- Objectives: Secures justice, liberty, equality, and fraternity for all citizens.
- Date of adoption: Adopted by the Constituent Assembly on November 26, 1949.
The Preamble encapsulates the philosophy and vision of the Indian Constitution, guiding its interpretation and implementation.
C. MAIN BODY OF THE INDIAN CONSTITUTION
The main body of the Indian Constitution is detailed, comprehensive, and organized into a system of parts, articles, and schedules. It establishes the structure, powers, and functions of the principal organs of government and lays down the rights and duties of citizens.
Key Features of the Main Body
1. Parts and Articles
- The Constitution is divided into 25 parts (originally 22), each covering a major aspect of governance, rights, and administration.
- These parts contain a total of 448 articles (originally 395), numbered sequentially, which provide detailed legal provisions.
- Notable parts include:
2. Schedules
- 12 schedules (originally 8), appended at the end, provide lists, classifications, and additional details to support the main text.
- Topics include allocation of powers, lists of states/territories, forms of oaths, and division of legislative subjects.
3. Institutional Structure
- The Constitution establishes three primary organs:
- Outlines a parliamentary system, with India being a federal country having strong central (unitary) features.
4. Quasi-Federal System
- India’s Constitution grants powers to both the Union and State governments but has significant unitary provisions (single citizenship, integrated judiciary, emergency powers).
5. Basic Structure Doctrine
- Certain features—such as the supremacy of the Constitution, secularism, republicanism, federalism, and separation of powers—form an unamendable “basic structure” as recognized by the judiciary.
Tabular Overview: Main Body Organization
| Component | Description |
|---|---|
| Parts (25) | Thematic divisions (Rights, Union, States, Judiciary, Emergency, etc.) |
| Articles (448) | Detailed provisions for each part |
| Schedules (12) | Supplementary lists and directives |
| Institutions | Parliament, President, Council of Ministers, Judiciary, States |
The main body thus provides the backbone of governance, law, and administration in India, ensuring both flexibility and stability.
D. SCHEDULE THE INDIAN CONSTITUTION
Schedules of the Indian Constitution
There are 12 Schedules in the Indian Constitution, each dealing with a specific subject. These schedules serve to clearly organize laws, administrative details, and official policy areas, making implementation efficient and reference straightforward.
| Schedule | Subject Matter |
|---|---|
| First | List of States, Union Territories, and their territories |
| Second | Emoluments, allowances, and privileges of key officials: President, Governors, Judges, etc. |
| Third | Forms of oaths and affirmations for union and state ministers, legislators, judges |
| Fourth | Allocation of seats for States/UTs in Rajya Sabha (Council of States) |
| Fifth | Provisions regarding administration of Scheduled Areas/Scheduled Tribes |
| Sixth | Provisions for tribal areas in Assam, Meghalaya, Tripura, Mizoram |
| Seventh | Division of powers: Union, State, Concurrent legislative lists |
| Eighth | List of 22 official languages |
| Ninth | Acts and regulations protected from judicial review (mainly land reforms) |
| Tenth | Disqualification on grounds of defection (Anti-defection Law) |
| Eleventh | Powers, authority, and responsibilities of Panchayats (73rd Amendment) |
| Twelfth | Powers, authority, and responsibilities of Municipalities (74th Amendment) |
These schedules help in efficient governance and reduce the complexity of the main constitutional text.
E. BASIC FEATURES OF THE INDIAN CONSTITUTION
The Basic Features of the Indian Constitution, also known as the Basic Structure Doctrine, are fundamental principles that form the core of the Constitution and cannot be altered or destroyed by any constitutional amendment by Parliament. This doctrine was established by the Supreme Court in the landmark Kesavananda Bharati case (1973) to ensure the stability and integrity of the Constitution.
Key Basic Features
- Supremacy of the Constitution: The Constitution is the supreme law of the land; all laws and amendments must conform to it.
- Democratic Principles: India is a sovereign, democratic, and republican state with free and fair elections reflecting the people’s will.
- Fundamental Rights: These rights are inviolable and cannot be diluted by amendments.
- Separation of Powers: Distinct division and independence of the Legislature, Executive, and Judiciary to ensure checks and balances.
- Judicial Review: The judiciary has the authority to review and strike down unconstitutional laws or amendments.
- Federalism: Distribution of powers between the Union and States, maintaining the federal structure.
- Secularism: Equal treatment of all religions by the state, with no state religion.
- Unity and Integrity: Preservation of national unity and territorial integrity.
- Rule of Law: All citizens and authorities are subject to the law, ensuring justice and equality.
- Parliamentary System: Governance follows a federal parliamentary democracy.
- Welfare State: Commitment to social and economic justice for all citizens.
- Free and Fair Elections: Ensuring democratic representation without manipulation or coercion.
- Limited Power of Parliament: Parliament cannot amend or abrogate the basic structure or core principles of the Constitution.
Significance
This doctrine protects India’s constitutional vision by preventing arbitrary or authoritarian changes while allowing flexibility for legitimate amendments. It ensures the Constitution’s foundational values remain intact, promoting democracy, individual rights, and governance with accountability.
This doctrine remains a critical safeguard in India’s constitutional jurisprudence, balancing change with continuity.
