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Major Constitutional Amendments

Why in News?

• On 26th November, 2024, India celebrated Constitution Day. 
• A key strength of the Indian Constitution is its dynamic nature, allowing it to adapt over time through interpretation or amendment. 
• As one of the most frequently amended constitutions globally, it ensures relevance and does not hinder national growth and progress. 

Constitution Day

• Constitution Day is observed on 26th November to commemorate the adoption of the Indian Constitution in 1949. 
• The day celebrates core democratic values such as justice, liberty, equality, and fraternity. 
• In 2015, the Ministry of Social Justice and Empowerment officially designated 26th November as Constitution Day to strengthen citizens' connection with the Constitution. Before this, it was known as National Law Day. 
• Constitution Day honors the vision of the Constituent Assembly in drafting the Constitution and recognizes Dr B.R. Ambedkar as the "Father of the Indian Constitution" for his crucial role as Chairman of the Drafting Committee. 
• Jammu and Kashmir celebrated Constitution Day for the first time in 74 years, following the abrogation of Article 370 in 2019. This event marked a significant alignment of the Union Territory with India's legal and political framework. 

What are the Key Facts About the Constitution?

Purpose of the Constitution

• The Constitution is the highest law in India. It is a written document that outlines the basic code, structure, procedures, powers, and duties of the government and its organizations, as well as the rights and duties of citizens. 

Drafting Timeline

• The Constitution was adopted by the Constituent Assembly on 26th November 1949 and came into effect on 26th January 1950. 
• Initially, it had 395 Articles and 8 Schedules and was about 145,000 words long, making it the longest national Constitution ever adopted. 
• It was handwritten in calligraphy by Prem Behari Narain Raizada, with pages decorated by artists from Shantiniketan under the guidance of Nandalal Bose. 
• Every Article was debated by the Constituent Assembly, which met for 11 sessions and 167 days over 2 years and 11 months to frame the Constitution. 

Preamble

• The Preamble declares India a sovereign, socialist, secular, and democratic Republic. It promises justice, equality, and liberty to citizens and aims to promote fraternity. 

Framing of the Constitution

• Dr. Bhim Rao Ambedkar is recognized as the chief architect of the Indian Constitution. 
• Dr. Rajendra Prasad, the first President of India, was the first person to sign the Constitution. 

What are the Key Features of the Constitution?

• The Constitution of India is the longest written constitution in the world, known for its detail and structure. 
• Initially, it had a Preamble, 395 Articles, and 8 Schedules. As of 2019, it includes a Preamble, around 470 Articles, and 12 Schedules. 

Sources of the Constitution

• The Indian Constitution borrows from various international constitutions and the Government of India Act of 1935. 
• Dr. B.R. Ambedkar, the chief architect, mentioned "ransacking all the known Constitutions of the World" while framing it. 
• Rigidity and Flexibility
• The Constitution is a mix of rigid and flexible features. Amendments can be made through special procedures as outlined in Article 368. 
• There are different types of amendments: 
  • Special Majority
  • Special Majority with State Ratification

Federal System with Unitary Bias

• The Constitution establishes a federal system with a strong Centre, dual government, and division of powers. 
• However, it also has unitary features like a single Constitution and centrally appointed governors. 
• India is described as a Union of States, meaning states cannot secede. 

Parliamentary Form of Government

• India follows a parliamentary system, emphasizing cooperation between the legislative and executive branches. 
• Key features include: Nominal and real executives, Majority party rule, Collective responsibility
• The system, while modeled on Britain, has significant differences, such as an elected head of state. 

Synthesis of Parliamentary Sovereignty and Judicial Supremacy

• India balances parliamentary sovereignty and judicial supremacy. The Supreme Court can declare laws unconstitutional, while Parliament can amend most parts of the Constitution. 

Integrated and Independent Judiciary

• The judiciary in India is integrated and independent, with the Supreme Court at the top, followed by high courts and subordinate courts. 
• This system enforces both central and state laws, with the Supreme Court serving as the highest appellate body and guardian of fundamental rights. 

Fundamental Rights (FRs)

• FRs are guaranteed to all citizens, including rights to equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies. 

Directive Principles of State Policy

• These principles aim to promote social and economic democracy and establish a welfare state. 
• They are non-justiciable, meaning courts cannot enforce them, but they are fundamental to governance. 

Fundamental Duties

• Originally not in the Constitution, Fundamental Duties were added during an internal emergency. There are eleven duties, which are non-justiciable. 

A Secular State

• The Constitution upholds a secular state, giving equal respect to all religions. 

Universal Adult Franchise

• Every citizen aged 18 and above has the right to vote without discrimination. 

Single Citizenship

• All citizens enjoy the same political and civil rights regardless of the state they reside in. 

Independent Bodies

• The Constitution establishes independent bodies like the Election Commission, Comptroller and Auditor-General, and Public Service Commissions to safeguard democracy. 

Emergency Provisions

• There are provisions for national, state, and financial emergencies, allowing the President to address extraordinary situations. 

Three-tier Government

• The Constitution originally provided for a dual polity, but later amendments added a third tier of local government. 

Co-operative Societies

• The 97th Amendment gave constitutional status and protection to co-operative societies. 

Major Constitutional Amendments

• 1st Amendment (1951): Empowered the state to create special provisions for the advancement of socially and economically backward classes. 
• 7th Amendment (1956): Abolished the classification of states into categories and reorganized them into 14 states and 6 union territories. 
• 42nd Amendment (1976): Introduced Fundamental Duties, changed the Preamble, and extended the tenure of Lok Sabha and State Legislative Assemblies. 
• 44th Amendment (1978): Restored original tenure of Lok Sabha and State Legislative Assemblies, removed the Right to Property from Fundamental Rights. 
• 52nd Amendment (1985): Provided for disqualification of members on the ground of defection. 
• 61st Amendment (1988): Reduced the voting age to 18 years. 
• 73rd and 74th Amendments (1992): Constitutionalized Panchayati Raj Institutions and urban local governments. 
• 86th Amendment (2002): Made elementary education a fundamental right. 
• 101st Amendment (2016): Allowed both the centre and states to levy Goods and Services Tax (GST). 
• 103rd Amendment (2019): Introduced reservations for Economically Weaker Sections (EWS) in public employment. 
• 104th Amendment (2020): Discontinued reserved seats for the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies. 

Conclusion

• The Indian Constitution shows India's commitment to democracy, justice, equality, and fraternity.
• Its ability to change, include everyone, and provide a detailed framework keeps it relevant over time.
• Constitution Day reminds people of their rights and responsibilities and honors the vision of those who created it.
• Dr. B.R. Ambedkar's idea of constitutional morality highlights the importance of respecting the Constitution's authority and following its rules.
• This principle is crucial for bringing together all parts of government, constitutional bodies, civil society, and citizens.
• It ensures that India's development stays true to its founding values.