THE CONSTITUTION OF INDIA UPSC GENERAL STUDIES PAPER SECOND NOTES




The Constitution of India is the highest top most law of India. The Constitution of India framework define fundamental political code, structure, procedures, powers, duties of government institutions and
fundamental rights, directive principles, and the duties of citizens. The Constitution of India is the world's longest written constitution. Dr. B. R. Ambedkar was the chairman of the drafting committe. it was created by a constituent assembly rather than Parliament. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. the Dominion of India became the sovereign democratic  republic of India. India celebrates its constitution effective day on 26 January as Republic Day. The constitution declares India a sovereign, socialist, secular country and assuring its citizens justice, equality and liberty, and efforts to promote fraternity. its framers borrowed features of previous legislation such as the Government of India Act 1858, the Indian Councils Acts of 1861, 1892 and 1909, the Government of India Acts of 1919 and 1935, and the Indian Independence Act 1947. The constitution was drafted by the Constituent Assembly, which was elected by elected 389 members of the provincial assemblies. The first, two-day president of the assembly was Sachchidananda Sinha then after two days  Rajendra Prasad was elected president. Benegal Narsing Rau, a civil servant who became the first Indian judge in the International Court of Justice and was president of the United Nations Security Council, was appointed as the assembly's constitutional adviser in 1946. Rau prepared its initial draft. At 14 August 1947 meeting of the assembly proposed a drafting  committees and on 29 August 1947 drafting  committee appointed  with eight members dr. B. R. Ambedkar as chairperson. Rau's draft was considered, debated and amended by the drafting  committee and  revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947. While debate on the revised draft constitution, the assembly
changed 2,473 amendments out of total 7,635 amendments. Before adopting the constitution, the assembly arranged eleven sessions in 165 days for the review of the constitution. On 26 November 1949 it adopted the constitution, which was signed by 284 members. 26 November is celebrated as National Law Day, or Constitution Day. The assembly's final session convened on 24 January 1950. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Its calligrapher was Prem Behari Narain Raizada. The constitution was published in Dehradun and photolithographed by the Survey of India. Production of the original constitution took nearly five years. Two days later, on 26 January 1950, it became the law of India. The estimated cost of the Constituent Assembly was ₹6.3 crore. The original 1950 constitution is preserved in a helium-filled case at the Parliament House in New Delhi.
The following Articles is taken from other countries constitutions
from United Kingdom -
Parliamentary government
Concept of single citizenship
Rule of law
The legislative speaker and their role
Legislative procedure

From United States -
Bill of Rights
Federal structure of government
Electoral College
Independent judiciary and separation of powers
Judicial review
President as commander-in-chief of the armed forces
Equal protection under law

From Ireland
Directive principles of state policy

From Australia
Freedom of trade between states
National legislative power to implement treaties, even on matters outside normal federal jurisdiction
Concurrent List
Preamble terminology

From France
Ideals of liberte, egalite, fraternite

From Canada
Quasi-federal government — a federal system with a strong central government
Distribution of powers between the central and state governments
Residual powers, retained by the central government

From Soviet Union
Fundamental Duties under article 51-A
Mandated planning commission to oversee economic development

From Other constitutions
The emergency provision under article 356 (from the Weimar Constitution)
Amending the constitution (from South Africa)
Due process (from Japan)
The Indian constitution is the world's longest for a sovereign nation. At the start it had 395 articles in 22 parts and 8 schedules. now it has a preamble and 448 articles, which are grouped into 25 parts. With 12 schedules  and five appendices, it has been amended  till now 101 times latest amendment became effective on 1 July 2017.
The constitution's articles are grouped into the following parts:
Preamble, with the words "socialist" and "secular", and 'integrity' added in 1976 by the 42nd amendment
Part I – States and union territories
Part II – Citizenship
Part III – Fundamental Rights
Part IV – Directive Principles of State Policy
Part IVA – Fundamental Duties
Part V – The union
Part VI – The states
Part VII – States in the B part of the first schedule (repealed)
Part VIII – Union territories
Part IX – Panchayats
Part IXA – Municipalities
Part IXB – Co-operative societies
Part X – Scheduled and tribal areas
Part XI – Relations between the union and the states
Part XII – Finance, property, contracts and suits
Part XIII – Trade and commerce within India
Part XIV – Services under the union and states
Part XIVA – Tribunals
Part XV – Elections
Part XVI – Special provisions relating to certain classes
Part XVII – Languages
Part XVIII – Emergency provisions
Part XIX – Miscellaneous
Part XX – Amending the constitution
Part XXI – Temporary, transitional and special provisions
Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals

Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy.
First Schedule (Articles 1 and 4) – Lists India's states and territories, changes in their borders and the laws used to make that change.
Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221) – Lists the salaries of public officials, judges, and the Comptroller and Auditor General.
Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219) – Forms of oaths – Lists the oaths of office for elected officials and judges.
Fourth Schedule (Articles 4(1) and 80(2)) – Details the allocation of seats in the Rajya Sabha (upper house of Parliament) by state or union territory.
Fifth Schedule (Article 244(1)) – Provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes requiring special protection).
Sixth Schedule (Articles 244(2) and 275(1)) – Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Seventh Schedule (Article 246) — Central government, state, and concurrent lists of responsibilities
Eighth Schedule (Articles 344(1) and 351) – Official languages
Ninth Schedule (Article 31-B) – Validation of certain acts and regulations
Tenth Schedule (Articles 102(2) and 191(2)) – Anti-defection provisions for members of Parliament and state legislatures.
Eleventh Schedule (Article 243-G) —Panchayat Raj (rural local government)
Twelfth Schedule (Article 243-W) — Municipalities (urban local government)
Appendices
Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954
Appendix II – Re-statement, referring to the constitution's present text, of exceptions and modifications applicable to the state of Jammu and Kashmir
Appendix III – Extracts from the Constitution (Forty-fourth Amendment) Act, 1978
Appendix IV – The Constitution (Eighty-sixth Amendment) Act, 2002
Appendix V – The Constitution (Eighty-eighth Amendment) Act, 2003

The executive, legislative and judicial branches of government receive their power from the constitution and are bound by it. India is governed by a parliamentary system of government with the executive directly accountable to the legislature. The President of India is head of the executive, under Articles 52 and 53, with the duty of preserving, protecting and defending the constitution and the law under Article 60. Article 74 provides for a Prime Minister as head of the Council of Ministers, which aids and advises the president in the performance of their constitutional duties. The council is answerable to the lower house under Article 75(3).
The constitution is considered federal in nature, and unitary in spirit. It has features of a federation (a codified, supreme constitution, a three-tier governmental structure [central, state and local], division of powers, bicameralism and an independent judiciary) and unitary features such as a single constitution, single citizenship, an integrated judiciary, a flexible constitution, a strong central government, appointment of state governors by the central government, All India Services (the IAS, IFS and IPS) and emergency provisions. This unique combination makes it quasi-federal in form. Each state and union territory has its own government. Analogous to the president and prime minister, each has a governor or (in union territories) a lieutenant governor and a chief minister. Article 356 permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. This power, known as president's rule, The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas. Article 370 gives special status to the state of Jammu and Kashmir. 
Amendments are additions, variations or repeal of any part of the constitution by Parliament. The procedure is detailed in Article 368. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its members. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Unlike ordinary bills in accordance with Article 245 (except for money bills), there is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. 
By July 2018, 124 amendment bills had been presented in Parliament; out of these, 101 became Amendment Acts. 
The judiciary is the final arbiter of the constitution. Its duty is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds. The judiciary protects the fundamental rights of the people, and balances the conflicting exercise of power between the central government and a state.