Major Constitutional Amendments

On November 26th, 2024, India commemorated Constitution Day, a day to honor the adoption of the Indian Constitution on the same date in 1949. A defining strength of the Indian Constitution is its ability to evolve over time, whether through judicial interpretation or formal amendments, ensuring that it remains aligned with the nation's progress and challenges.

Constitution Day

Significance
Constitution Day marks the day when the Indian Constitution was formally adopted by the Constituent Assembly on November 26, 1949. This day celebrates India’s democratic ideals and aims to foster an understanding of justice, liberty, equality, and fraternity. In 2015, the Ministry of Social Justice and Empowerment officially designated November 26th as Constitution Day, which was previously observed as National Law Day. This celebration pays tribute to the vision of the Constituent Assembly and recognizes Dr. B.R. Ambedkar as the principal architect of the Constitution, honoring his immense contribution as the Chairman of the Drafting Committee.

Constitution Day in Jammu and Kashmir
For the first time in 74 years, Jammu and Kashmir observed Constitution Day in 2024, following the abrogation of Article 370 in 2019. This event symbolized the region’s reintegration into India’s constitutional framework, marking a significant shift in its legal and political alignment with the rest of the country.

Key Facts About the Indian Constitution

Purpose
The Indian Constitution is the supreme law of the country, providing the legal framework that governs the powers, functions, and duties of the government, and outlines the fundamental rights and responsibilities of the citizens. It serves as a comprehensive document that balances the governance of the country with the safeguarding of civil liberties.

Drafting Timeline
Adopted on November 26, 1949, and coming into effect on January 26, 1950, the Indian Constitution initially consisted of 395 Articles and 8 Schedules. It was meticulously handwritten by Prem Behari Narain Raizada in calligraphy, with artistic embellishments by artists from Shantiniketan under Nandalal Bose’s guidance. The drafting process spanned almost three years, with the Constituent Assembly debating every article over 11 sessions.

Preamble
The Preamble to the Indian Constitution declares India as a sovereign, socialist, secular, and democratic republic, while promising justice, equality, and liberty to its citizens. It serves as a guiding light for the values of the nation, aiming to foster fraternity and unity among its diverse peoples.

Framing of the Constitution
Dr. B.R. Ambedkar is hailed as the principal architect of the Constitution, while Dr. Rajendra Prasad, the first President of India, was the first person to sign it, marking the completion of its drafting.

Key Features of the Indian Constitution

Lengthiest Written Constitution
The Indian Constitution holds the distinction of being the longest written constitution in the world, originally consisting of a Preamble, 395 Articles, 22 Parts, and 8 Schedules. Over the years, it has been expanded and amended, with the current version containing around 470 Articles, 25 Parts, and 12 Schedules.

Influences from Around the World
The Indian Constitution draws extensively from global sources, including the Government of India Act of 1935, and the Constitutions of several countries such as the UK, USA, Ireland, and Australia. Dr. Ambedkar described the process of its creation as "ransacking all the known Constitutions of the world."

Flexibility and Rigidity
India's Constitution strikes a balance between rigidity and flexibility. While it requires special procedures for certain amendments (as outlined in Article 368), other provisions can be modified through the ordinary legislative process. Some changes necessitate ratification by the states, making the Constitution both adaptable and secure.

Federal System with Unitary Bias
While the Indian Constitution establishes a federal system of government with a division of powers between the Centre and the States, it retains a unitary bias. This means that in times of crisis or emergency, the Centre has the authority to assume greater control, emphasizing the supremacy of the Union over the States. The Constitution refers to India as a "Union of States" rather than a federation, highlighting the non-negotiable nature of the country's integrity.

Parliamentary System of Government
India follows the Westminster Model of parliamentary government, where the executive is drawn from the legislature. The system is characterized by cooperation between the executive and the legislature, with the Prime Minister and Council of Ministers being collectively responsible to the Lok Sabha (the lower house). Unlike the British system, India’s parliamentary structure is based on an elected head of state, the President of India, rather than a hereditary monarchy.

Judicial Review and Parliamentary Sovereignty
The Indian Constitution represents a synthesis of parliamentary sovereignty and judicial supremacy. The judiciary, led by the Supreme Court, has the power of judicial review, allowing it to strike down unconstitutional laws. However, Parliament retains the power to amend the Constitution, thus maintaining a balance of power between the two branches of government.

Independent Judiciary
The Constitution establishes a single integrated judiciary for both central and state laws, with the Supreme Court at the apex. This integrated system serves as a safeguard for the Constitution, upholds the rule of law, and protects fundamental rights.

Fundamental Rights (FRs)
The Constitution guarantees six fundamental rights to all citizens, which are enshrined in Part III. These rights include the right to equality, freedom of expression, protection from exploitation, religious freedom, cultural and educational rights, and the right to constitutional remedies.

Directive Principles of State Policy
These principles, outlined in Part IV, are non-justiciable guidelines for the state to promote social and economic welfare. While they cannot be enforced by the courts, they form the basis of legislative and executive actions aimed at achieving a welfare state.

Secularism
India's Constitution mandates a secular state, which means that the state cannot endorse or favor any particular religion. It upholds religious equality and ensures the freedom to practice any religion, guaranteeing equal respect and protection for all faiths.

Universal Adult Franchise
The Constitution guarantees that every Indian citizen aged 18 or above, irrespective of caste, creed, religion, or gender, has the right to vote in general elections.

Single Citizenship
India grants a single citizenship to all its citizens, regardless of their state of origin. This ensures that every citizen enjoys equal political and civil rights throughout the nation.

Emergency Provisions
The Constitution provides provisions for three types of emergencies—national, state, and financial—empowering the President to act decisively in times of crisis.

Major Constitutional Amendments

1st Amendment (1951)
The first amendment empowered the state to make special provisions for the advancement of socially and economically backward classes and introduced the Ninth Schedule to shield certain laws from judicial review.

7th Amendment (1956)
This amendment reorganized states into categories and established uniform provisions for high courts across the country.

42nd Amendment (1976)
Referred to as the "Mini Constitution," it made significant changes, including the introduction of the terms "socialist," "secular," and "integrity" into the Preamble, and extended the tenure of the Lok Sabha and state legislatures from five to six years.

44th Amendment (1978)
This amendment reversed several provisions of the 42nd Amendment, particularly concerning the powers of Parliament and the President, restoring key democratic safeguards.

73rd and 74th Amendments (1992)
These amendments institutionalized local governance through Panchayati Raj and urban local bodies, creating a three-tier structure of government.

86th Amendment (2002)
This amendment made education a fundamental right for children aged 6-14 and added a new fundamental duty to promote education.

101st Amendment (2016)
The 101st Amendment introduced the Goods and Services Tax (GST), overhauling India's indirect taxation system.

103rd Amendment (2019)
This introduced a 10% reservation for Economically Weaker Sections (EWS) in public employment and education.

106th Amendment (2023)
This amendment reserved one-third of seats in the Lok Sabha and state assemblies for women, marking a significant step towards gender equality in India’s political landscape.

Conclusion

The Indian Constitution stands as a testament to India’s commitment to justice, equality, and democracy. Its dynamic nature ensures it remains relevant, evolving to meet the demands of an ever-changing society. Constitution Day serves as a reminder to uphold these values, recognizing the vision of its framers, particularly Dr. B.R. Ambedkar, who emphasized constitutional morality. As India continues to grow, the Constitution remains the cornerstone of the nation's democratic ethos, guiding governance and the rights of its people.