The Constitution of India (IAST: Bhāratīya Saṃvidhāna) is the supreme law of India.^[1][2] The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country on earth.^[b][3][4][5]B. R. Ambedkar, chairman of the drafting committee, is widely considered to be its chief architect.^[6]

It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble.^{[7][full citation needed]} 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.^[8] The constitution replaced the Government of India Act, 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in Article 395.^[9] India celebrates its constitution on 26 January as Republic Day.^[10]

The constitution declares India a sovereign, socialist, secular,^[11]democraticrepublic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity.^[12] The original 1950 constitution is preserved in a helium-filled case at the Parliament House in New Delhi. The words 'secular' and 'socialist' were added to the preamble in 1976 during the emergency.^[13]

• 1Background
• 2Constituent Assembly
• 4Structure
• 6Constitution and legislature
• 7Constitution and judiciary
• 10Notes

Background

Most of the Indian subcontinent was under British rule from 1857 to 1947. From 1947 to 1950, the same legislation continued to be implemented as India was a dominion of Britain for these three years, as each princely state was convinced by Sardar Patel and V.P.Menon to sign the articles of integration with India, and the British government continued to be responsible for the external security of the country.^[14] Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act, 1935 when it became effective on 26 January 1950. India ceased to be a dominion of the British Crown and became a sovereign democratic republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the remaining articles became effective on 26 January 1950.^[15]

Previous legislation

The constitution was drawn from a number of sources. Mindful of India's needs and conditions, 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 latter, which led to the creation of India and Pakistan, divided the former Constituent Assembly in two. Each new assembly had sovereign power to draft and enact a new constitution for the separate states.^[16]

Constituent Assembly

The constitution was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies.^[17] The 389-member assembly (reduced to 299 after the partition of India) took almost three years to draft the constitution holding eleven sessions over a 165-day period.^[3][16]

B. R. Ambedkar was a wise constitutional expert, he had studied the constitutions of about 60 countries. Ambedkar is recognised as the 'Father of the Constitution of India'.^[18][19] In the constitution assembly, a member of the drafting committee, T. T. Krishnamachari said:

'Mr. President, Sir, I am one of those in the House who have listened to Dr. Ambedkar very carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution. At the same time, I do realise that that amount of attention that was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee. The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.'^[20][21]

Time Line of Formation of 'The Constitution of India'

• 6 December 1946:Formation of the Constitution Assembly. (in accordance with French practice.)
• 9 December 1946:The first meeting was held in the constitution hall (now the Central Hall of Parliament House).1st person to address - J.B. kripalani. Temporary president Appointed - Sachchidanand sinha. (Demanding a separate state, the Muslim League boycotted the meeting.)
• 11 December 1946:President Appointed - Rajendra Prasad, vice-Chairman H. C. Mukherjee and constitutional legal adviser B. N. Rau(initially 389 members in total, which declined to 299 after partition. out of 389 - 292 were from govt. province, 4 from chief commissioner province and 93 from princely states)
• 13 December 1946:An 'Objective Resolution' was presented by Jawaharlal Nehru, laying down the underlying principles of the constitution. which later became the Preamble of the constitution.
• 22 January 1947: Objective resolution unanimously adopted.
• 22 July 1947:National flag adopted.
• 15 August 1947: Achieved independence. India Split into Dominion of India and Dominion of Pakistan.
• 29 August 1947:Drafting Committee appointed with Dr. B. R. Ambedkar as the Chairman.other 6 members of committee was : Munshi, Muhammed Sadulla, Allad Krishna swami ayyar, Gopala swami Ayyankar, Khaitan, Mitter
• 16 July 1948: Along with Harendra Coomar MookerjeeV. T. Krishnamachari was also elected as second vice-president of Constituent Assembly.
• 26 November 1949: 'Constitution of India' passed and adopted by the assembly.
• 24 January 1950: Last meeting of Constituent Assembly. 'constitution of india' all signed and accepted. (with 395 Articles, 8 Schedules, 22 Parts)
• 26 January 1950: 'Constitution of India' came in to force. (It Took 2 Years, 11 Months, 18 Days - at a total expenditure of ₹6.4 million to finish)
• G. V. Mavlankar was the first speaker when meeting the assembly of Lok sabha, after turning republic.

Membership

B. R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Vallabhbhai Patel, Kanaiyalal Maneklal Munshi, Ganesh Vasudev Mavalankar, Sandipkumar Patel, Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were key figures in the assembly,^[3][16] which had over 30 representatives of the scheduled classes. Frank Anthony represented the Anglo-Indian community,^[3] and the Parsis were represented by H. P. Modi.^[3]Harendra Coomar Mookerjee, a Christian assembly vice-president, chaired the minorities committee and represented non-Anglo-Indian Christians.^[3] Ari Bahadur Gurung represented the Gorkha community.^[3] Judges, such as Alladi Krishnaswamy Iyer, Benegal Narsing Rau, K. M. Munshi and Ganesh Mavlankar were members of the assembly.^[3] Female members included Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Amrit Kaur and Vijaya Lakshmi Pandit.^[3]

The first, two-day president of the assembly was Sachchidananda Sinha; Rajendra Prasad was later elected president.^[16][17] It met for the first time on 9 December 1946.^[3][17][13]

Drafting

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.^[22] Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948.^[22][23][24]

At 14 August 1947 meeting of the assembly, committees were proposed.^[17] Rau's draft was considered, debated and amended by the eight-person drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair.^[3][13] A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947.^[13]

While deliberating the revised draft constitution, the assembly moved, discussed and disposed off 2,473 amendments out of a total of 7,635.^[16][25] Before adopting the constitution, the assembly held eleven sessions in 165 days.^[3][16] On 26 November 1949 it adopted the constitution,^{[3][16][13][24][26]} which was signed by 284 members.^{[3][16][13][24][26]} The day is celebrated as National Law Day,^[3][27] or Constitution Day.^[3][28] The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar.^[29]

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.^[3][16][24] The original constitution is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose.^[13][24] Its calligrapher was Prem Behari Narain Raizada.^[13] 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.^[13][30] The estimated cost of the Constituent Assembly was ₹6.3 crore (₹63 million).^[16] The constitution has had more than 100 amendments since it was enacted.^[31]

Influence of other constitutions

• United Kingdom
  • Parliamentary government^[3]
  • Concept of single citizenship^[3]
  • The legislative speaker and their role
  • Legislative procedure
• United States^[32]
  • Bill of Rights^[3][13]
  • Federal structure of government^[3]
  • Electoral College
  • Independent judiciary and separation of powers
  • Judicial review
  • President as commander-in-chief of the armed forces
  • Equal protection under law
• Ireland
  • Directive principles of state policy^[13]
• Australia
  • Freedom of trade between states^[16]
  • National legislative power to implement treaties, even on matters outside normal federal jurisdiction
  • Concurrent List^[33]
  • Preamble terminology
• France
  • Ideals of liberté, égalité, fraternité^[3][13]
• Canada
  • Quasi-federal government — a federal system with a strong central government^[16]
  • Distribution of powers between the central and state governments^[3][16]
  • Residual powers, retained by the central government^{[citation needed]}
• Soviet Union
  • Fundamental Duties under article 51-A^[3]
  • Mandated planning commission to oversee economic development^[3]
• Other constitutions
  • The emergency provision under article 356 (from the Weimar Constitution)^[13]
  • Amending the constitution (from South Africa)
  • Due process (from Japan)

Structure

The Indian constitution is the world's longest for a sovereign nation.^[b][3][4][5] At its enactment, it had 395 articles in 22 parts and 8 schedules.^[16] At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama – in the world.^[34]

The constitution has a preamble and 448 articles,^[c][13] which are grouped into 25 parts.^[d][13] With 12 schedules^[e][13] and five appendices,^[13][35] it has been amended 103 times; the latest amendment became effective on 14 January 2019.^[36]

Parts

The constitution's articles are grouped into the following parts:

• Preamble,^[37] with the words 'socialist' and 'secular', and 'integrity' added in 1976 by the 42nd amendment^[38][39]
• Part I^[40] – States and union territories
• Part II^[41] – Citizenship
• Part III – Fundamental Rights
• Part IV^[42] – Directive Principles of State Policy
• Part IVA – Fundamental Duties
• Part V^[43] – The union
• Part VI^[44] – The states
• Part VII^[45] – States in the B part of the first schedule (repealed)
• Part VIII^[46] – Union territories
• Part IX^[47] – Panchayats
• Part IXA^[48] – Municipalities
• Part IXB – Co-operative societies^[49]
• 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

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^[f] and Scheduled Tribes^[g] (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^[h]
• 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

Constitution and government

The executive, legislative and judicial branches of government receive their power from the constitution and are bound by it.^[50] With the aid of its constitution, 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 branch, 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.^[51]

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, was abused as state governments came to be dismissed on flimsy grounds for political reasons. After the S. R. Bommai v. Union of India decision,^[52][53] such a course of action is more difficult since the courts have asserted their right of review.^[54]

The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas.^[13]One piece episode download site. Article 370 gives special status to the state of Jammu and Kashmir.

Constitution and legislature

Amendments

Amendments are additions, variations or repeal of any part of the constitution by Parliament.^[55] 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 total membership when at least two-thirds are present and vote. 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. During a parliamentary recess, the president cannot promulgate ordinances under his legislative powers under Article 123, Chapter III. Deemed amendments to the constitution which can be passed under the legislative powers of parliament were invalidated by Article 368(1) in the Twenty-fourth Amendment.^[55]

By July 2018, 124 amendment bills had been presented in Parliament; of these, 103 became Amendment Acts.^[56] Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document.^[57] The constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.

In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update. The government of India establishes term-based law commissions to recommend legal reforms, facilitating the rule of law.

Limitations

In Kesavananda Bharati v. State of Kerala, the Supreme Court ruled that an amendment cannot destroy what it seeks to modify; it cannot tinker with the constitution's basic structure or framework, which are immutable. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of the constitution. According to the doctrine, the constitution's basic features (when 'read as a whole') cannot be abridged or abolished. These 'basic features' have not been fully defined,^[50] and whether a particular provision of the constitution is a 'basic feature' is decided by the courts.^[58]

The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure:^[59]

1. Supremacy of the constitution
2. Republican, democratic form of government
3. Its secular nature
4. Separation of powers
5. Its federal character^[59]

This implies that Parliament can only amend the constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review. This is typical of parliamentary governments, where the judiciary checks parliamentary power.

In its 1967 Golak Nath v. Best of arijit singh songs. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by the basic structure doctrine.^[60] The extent of land ownership and practice of a profession, in this case, were considered fundamental rights.^[61] The ruling was overturned with the ratification of the 24th Amendment in 1971.^[61]

Constitution and judiciary

The judiciary is the final arbiter of the constitution.^[62] Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds.^[63] The judiciary protects the fundamental rights of the people (enshrined in the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states).

The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. An independent judiciary has been held as a basic feature of the constitution,^[64][65] which cannot be changed by the legislature or the executive.^[66]

Judicial review

Judicial review was adopted by the constitution of India from judicial review in the United States.^[67] In the Indian constitution, judicial review is dealt with in Article 13. The constitution is the supreme power of the nation, and governs all laws. According to Article 13,

1. All pre-constitutional laws, if they conflict wholly or in part with the constitution, shall have all conflicting provisions deemed ineffective until an amendment to the constitution ends the conflict; the law will again come into force if it is compatible with the constitution as amended (the Doctrine of Eclipse).^[68]
2. Laws made after the adoption of the constitution must be compatible with it, or they will be deemed void ab initio.
3. In such situations, the Supreme Court (or a high court) determines if a law is in conformity with the constitution. If such an interpretation is not possible because of inconsistency (and where separation is possible), the provision which is inconsistent with the constitution is considered void. In addition to Article 13, Articles 32, 226 and 227 provide the constitutional basis for judicial review.^[69]

Due to the adoption of the Thirty-eighth Amendment, the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies).^[70] The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C.^[71]

Flexibility

According to Granville Austin, 'The Indian constitution is first and foremost a social document, and is aided by its Parts III & IV (Fundamental Rights & Directive Principles of State Policy, respectively) acting together, as its chief instruments and its conscience, in realising the goals set by it for all the people.'^[i][72] The constitution has deliberately been worded in generalities (not in vague terms) to ensure its flexibility.^[73]John Marshall, the fourth Chief Justice of the United States, said that a constitution's 'great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.'^[74] A document 'intended to endure for ages to come',^[75] it must be interpreted not only based on the intention and understanding of its framers, but in the existing social and political context.

The 'right to life' guaranteed under Article 21^[A] has been expanded to include a number of human rights, including the right to a speedy trial,;^[3][76] the right to water;^[3][77] the right to earn a livelihood,^[3] the right to health,^[3] and the right to education.^[78]

At the conclusion of his book, Making of India's Constitution, retired Supreme Court of India justice Hans Raj Khanna wrote:

If the Indian constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions! A constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance is the price of liberty and in the final analysis, its only keepers are the people.'^[79]

See also

Notes

1. ^The Constitution of India was originally written in Hindi and English, so, both Hindi and English are its 'original' languages.
2. ^ ^abThe Constitution of Yugoslavia briefly held this position from 1974 until it split up in 1990.
3. ^Although the last article of the constitution is Article 395, the total number in March 2013 was 465. New articles added through amendments have been inserted in the relevant location of the original constitution. To not disturb the original numbering, new articles are inserted alphanumerically; Article 21A, pertaining to the right to education, was inserted by the 86th Amendment Act.
4. ^The Constitution was in 22 Parts originally. Part VII & IX (older) was repealed in 1956, whereas newly added Part IVA, IXA, IXB & XIVA by Amendments to the Constitution in different times (lastly added IXB by the 97th Amendment).
5. ^By 73rd & 74th Amendment, the lists of administrative subjects of Panchayat raj & Municipality included in the Constitution as Schedule 11 & 12 respectively in the year 1993.
6. ^Scheduled Areas are autonomous areas within a state, administered federally and usually mainly populated by a Scheduled Tribe.
7. ^Scheduled Tribes are groups of indigenous people, identified in the Constitution, who are struggling socioeconomically
8. ^Originally Articles mentioned here were immune from judicial review on the ground that they violated fundamental rights. but in a landmark judgement in 2007, the Supreme Court of India held in I.R. Coelho v. State of Tamil Nadu and others that laws included in the 9th schedule can be subject to judicial review if they violated the fundamental rights guaranteed under Article 14, 15, 19, 21 or the basic structure of the Constitution {(ambiguous)} – I.R. Coelho (dead) by L.Rs. v. State of Tamil Nadu and others(2007) 2 S.C.C. 1
9. ^These lines by Granville Austin from his book The Indian Constitution: Cornerstone of a Nation at p. 50, have been authoritatively quoted many times

Notes on Article 21

1. ^Art. 21 – 'No person shall be deprived of his life or personal liberty except according to procedure established by law'

References

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4. ^ ^abPylee, Moolamattom Varkey (1994). India's Constitution (5th rev. and enl. ed.). New Delhi: R. Chand & Company. p. 3. ISBN978-8121904032. OCLC35022507.
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40. ^Part I
41. ^Part II
42. ^Part IV
43. ^Part V
44. ^Part VI
45. ^Part VII
46. ^Part VIII
47. ^Part IX
48. ^Part IXA
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52. ^Krishnakumar, R. ''Article 356 should be abolished''. Frontline (Vol. 15 :: No. 14 :: 4–17 July 1998). Retrieved 9 November 2015.
53. ^Rajendra Prasad, R.J. ''Bommai verdict has checked misuse of Article 356''. Frontline (Vol. 15 :: No. 14 :: 4–17 July 1998). Retrieved 9 November 2015.
54. ^Swami, Praveen. 'Protecting secularism and federal fair play'. Frontline (Vol. 14 :: No. 22 :: 1–14 Nov. 1997). Retrieved 9 November 2015.
55. ^ ^ab'Pages 311 & 312 of original judgement: A. K. Roy, Etc vs Union Of India And Anr on 28 December, 1981'. Retrieved 23 August 2014.
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57. ^Krishnamurthi, Vivek (2009). 'Colonial Cousins: Explaining India and Canada's Unwritten Constitutional Principles'(PDF). Yale Journal of International Law. 34 (1): 219. Archived from the original(PDF) on 4 March 2016.
58. ^Dhamija, Dr. Ashok (2007). Need to Amend a Constitution and Doctrine of Basic Features. Wadhwa and Company. p. 568. ISBN9788180382536. Retrieved 17 June 2014.
59. ^ ^abaDvantage. 'Doctrine of Basic Structure – Constitutional Law'. www.legalserviceindia.com. Retrieved 26 January 2016.
60. ^Jacobsohn, Gary J. (2010). Constitutional Identity. Cambridge, Massachusetts: Harvard University Press. p. 52. ISBN9780674047662.
61. ^ ^abDalal, Milan (2008). 'India's New Constitutionalism: Two Cases That Have Reshaped Indian Law'. Boston College International Comparative Law Review. 31 (2): 258–260. Retrieved 5 March 2015.
62. ^Mehta, Pratap Bhanu (2002). Hasan, Zoya; Sridharan, E.; Sudarshan, R. (eds.). Article – The Inner Conflict of Constitutionalism: Judicial Review and the 'Basic Structure' (Book – India's Kiving Constitution: Ideas, Practices, Controversies) ((2006)Second Impression (2002)First ed.). Delhi: Permanent Black. p. 187. ISBN81-7824-087-4. Retrieved 9 November 2015.
63. ^Bhattacharyya, Bishwajit. 'Supreme Court Shows Govt Its LoC'. the day after (1–15 Nov 2015). Archived from the original on 5 May 2016. Retrieved 10 November 2015.
64. ^National Comionmission to Review the Working of the Constitution. 'A Consultation Paper on the Financial Autonomy of the Indian Judiciary'. Chapter 1. New Delhi (26 September 2001). Retrieved 5 November 2015.
65. ^Chakrabarty, Bidyut (2008). Indian Politics and Society Since Independence: Events, Processes and Ideology (First ed.). Oxon(UK), New York (USA): Routledge. p. 103. ISBN978-0-415-40867-7. Retrieved 5 November 2015.
66. ^Sorabjee, Soli J. (1 November 2015). 'A step in the Wrong Direction'. The Week. Retrieved 12 November 2015.
67. ^Venkatesan, V. (10–23 March 2012). 'Three doctrines'. Frontline. Vol. 29 no. 05. ISSN0970-1710. Retrieved 26 July 2018.
68. ^Jain, Mahabir Prashad (2010). Indian Constitutional Law (6th ed.). Gurgaon: LexisNexis Butterworths Wadhwa Nagpur. p. 921. ISBN978-81-8038-621-3. OCLC650215045.
69. ^Lectures By Professor Parmanad Singh, Jindal Global Law School.
70. ^Jacobsohn, Gary (2010). Constitutional Identity. Cambridge, Massachusetts: Harvard University Press. p. 57. ISBN978-0674047662. OCLC939085793.
71. ^Chandrachud, Chintan (6 June 2015). 'India's deceptive Constitution'. The Hindu. N. Ram. ISSN0971-751X. OCLC13119119. Retrieved 26 July 2018.
72. ^Raghavan, Vikram (2010). 'The biographer of the Indian constitution'. Seminar. Retrieved 13 November 2015.
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74. ^McCulloch v. Maryland, 17 U.S. (4 Wheaton) 316, 407 (U.S. Supreme Court 1819). Text
75. ^McCulloch v. Maryland, 17 U.S. (4 Wheaton) 316, 415 (U.S. Supreme Court 1819). Text
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Bibliography

• Khanna, Justice H.R (2015). Making of India's Constitution (2nd Edition 2008, (Reprinted 2015) ed.). Eastern Book Company. ISBN978-81-7012-188-6.
• Austin, Granville (1999). The Indian Constitution: Cornerstone of a Nation (2nd ed.). Oxford University Press. ISBN978-01-9564-959-8.
• Austin, Granville (2003). Working a Democratic Constitution: A History of the Indian Experience (2nd ed.). Oxford University Press. ISBN978-01-9565-610-7.
• Baruah, Aparajita (2007). Preamble of the Constitution of India : An Insight & Comparison. Eastern Book Co. ISBN978-81-7629-996-1.
• Basu, Durga Das (1965). Commentary on the constitution of India : (being a comparative treatise on the universal principles of justice and constitutional government with special reference to the organic instrument of India). 1–2. S. C. Sarkar & Sons (Private) Ltd.
• Basu, Durga Das (1984). Introduction to the Constitution of India (10th ed.). South Asia Books. ISBN0-8364-1097-1.
• Basu, Durga Das (1981). Shorter Constitution of India. Prentice-Hall of India. ISBN978-0-87692-200-2.
• Das, Hari Hara (2002). Political System of India. Anmol Publications. ISBN81-7488-690-7.
• Dash, Shreeram Chandra (1968). The Constitution of India; a Comparative Study. Chaitanya Pub. House.
• Dhamija, Dr. Ashok (2007). Need to Amend a Constitution and Doctrine of Basic Features. Wadhwa and Company. ISBN9788180382536.
• Ghosh, Pratap Kumar (1966). The Constitution of India: How it Has Been Framed. World Press.
• Jayapalan, N. (1998). Constitutional History of India. Atlantic Publishers & Distributors. ISBN81-7156-761-4.
• Khanna, Hans Raj (1981). Making of India's Constitution. Eastern Book Co. ISBN978-81-7012-108-4.
• Rahulrai, Durga Das (1984). Introduction to the Constitution of India (10th ed.). South Asia Books. ISBN0-8364-1097-1.
• Pylee, M.V. (1997). India's Constitution. S. Chand & Co. ISBN81-219-0403-X.
• Pylee, M.V. (2004). Constitutional Government in India. S. Chand & Co. ISBN81-219-2203-8.
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• 'The Constituent Assembly Debates (Proceedings):(9th December,1946 to 24 January 1950)'. The Parliament of India Archive. Retrieved 22 February 2008.

External links

• 'Constitution of India'. Commonwealth Legal Information Institute. – online copy

There is no national language in India.^[2] The Constitution of India designates 22 official languages^[3] for the Government of India and as Hindi written in the Devanagari script, as well as English^[4] as the official languages of the Union^[5]. Hindi or English is used in official purposes such as parliamentary proceedings, judiciary, communications between the Central Government and a State Government.^[4] States within India have the liberty and powers to specify their own official language(s) through legislation and therefore there are 22 officially recognized languages in India of which Hindi is the most used. The number of native Hindi speakers is about 25% of the total Indian population; however, including dialects of Hindi termed as Hindi languages, the total is around 44% of Indians, mostly accounted from the states falling under the Hindi belt. Other Indian languages are each spoken by around 10% or less of the population.^[6][7]

States specify their own official language(s) through legislation. The section of the Constitution of India dealing with official languages therefore includes detailed provisions which deal not just with the languages used for the official purposes of the union, but also with the languages that are to be used for the official purposes of each state and union territory in the country, and the languages that are to be used for communication between the union and the states.

During the British Rule, English was used for purposes at the central level.^[8] The Indian constitution adopted in 1950 envisaged that Hindi would be gradually phased in to replace English over a fifteen-year period, but gave Parliament the power to, by law, provide for the continued use of English even thereafter.^[9] Plans to make Hindi the sole official language of the Republic met with resistance in some parts of the country. Hindi continues to be used today, in combination with other (at the central level and in some states) official languages.

The legal framework governing the use of languages for official purpose currently includes the Constitution, the Official Languages Act, 1963, Official Languages (Use for Official Purpose of the Union) Rules, 1976, and various state laws, as well as rules and regulations made by the central government and the states.

• 2Official languages of the Union

List of official languages of India[edit]

The Eighth Schedule to the Indian Constitution contains a list of 22 official languages.The table below lists the 22 official languages of Republic of India set out in the Eighth Schedule as of May 2008, together with the regions where they are widely spoken and used as state's official language.

Official languages of the Union[edit]

The Indian constitution, in 1950, declared Hindi in Devanagari script to be the official language of the union. Unless Parliament decided otherwise, the use of English for official purposes was to cease 15 years after the constitution came into effect, i.e., on 26 January 1965. The prospect of the changeover, however, led to much alarm in the non Hindi-speaking areas of India, especially Dravidian-speaking states whose languages were not related to Hindi at all. As a result, Parliament enacted the Official Languages Act, 1963,^{[21][22][23][24][25][26]} which provided for the continued use of English for official purposes along with Hindi, even after 1965.

In late 1964, an attempt was made to expressly provide for an end to the use of English, but it was met with protests from states such as Maharashtra, Tamil Nadu, Punjab, West Bengal, Karnataka, Puducherry, Nagaland, Mizoram and Andhra Pradesh. Some of these protests also turned violent.^[27] As a result, the proposal was dropped,^[28][29] and the Act itself was amended in 1967 to provide that the use of English would not be ended until a resolution to that effect was passed by the legislature of every state that had not adopted Hindi as its official language, and by each house of the Indian Parliament.^[30]

The position was thus that the Union government continues to use English in addition to Hindi for its official purposes^[31] as a 'subsidiary official language,'^[32] but is also required to prepare and execute a program to progressively increase its use of Hindi.^[33] The exact extent to which, and the areas in which, the Union government uses Hindi and English, respectively, is determined by the provisions of the Constitution, the Official Languages Act, 1963, the Official Languages Rules, 1976, and statutory instruments made by the Department of Official Language under these laws.

Parliamentary proceedings and laws[edit]

The Indian constitution draws a distinction between the language to be used in Parliamentary proceedings, and the language in which laws are to be made. Parliamentary business, according to the Constitution, may be conducted in either Hindi or English. The use of English in parliamentary proceedings was to be phased out at the end of fifteen years unless Parliament chose to extend its use, which Parliament did through the Official Languages Act, 1963.^[34] In addition, the constitution permits a person who is unable to express themselves in either Hindi or English to, with the permission of the Speaker of the relevant House, address the House in their mother tongue.^[35]

In contrast, the constitution requires the authoritative text of all laws, including Parliamentary enactments and statutory instruments, to be in English, until Parliament decides otherwise. Parliament has not exercised its power to so decide, instead merely requiring that all such laws and instruments, and all bills brought before it, also be translated into Hindi, though the English text remains authoritative.^[36]

Judiciary[edit]

The constitution provides, and the Supreme Court of India has reiterated, that all proceedings in the Supreme Court (the country's highest court) and the High Courts shall be in English.^[37] Parliament has the power to alter this by law, but has not done so. However, in many high courts, there is, with consent from the president, allowance of the optional use of Hindi. Such proposals have been successful in the states of Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar.^[38]

Administration[edit]

The Union government is required by law to progressively increase the use of Hindi in its official work,^[33] which it has sought to do through 'persuasion, incentive and goodwill'.^[21]

The Official Language Act provides that the Union government shall use both Hindi and English in most administrative documents that are intended for the public.^[39] The Official Languages Rules, in contrast, provide for a higher degree of use of Hindi in communications between offices of the central government (other than offices in Tamil Nadu, to which the rules do not apply).^[40] Communications between different departments within the central government may be in either Hindi or English, although a translation into the other language must be provided if required.^[41] Communications within offices of the same department, however, must be in Hindi if the offices are in Hindi-speaking states,^[42] and in either Hindi or English otherwise with Hindi being used in proportion to the percentage of staff in the receiving office who have a working knowledge of Hindi.^[43]Notes and memos in files may be in either Hindi or English, with the Government having a duty to provide a translation into the other language if required.^[44]

In addition, every person submitting a petition for the redress of a grievance to a government officer or authority has a constitutional right to submit it in any language used in India.

Implementation[edit]

Various steps have been taken by the Indian government to implement the use and familiarization of Hindi extensively. Dakshina Bharat Hindi Prachar Sabha headquartered at Chennai was formed to spread Hindi in South Indian states. Regional Hindi implementation offices at Bengaluru, Thiruvananthapuram, Mumbai, Kolkata, Guwahati, Bhopal, Delhi and Ghaziabad have been established to monitor the implementation of Hindi in Central government offices and PSUs.

Annual targets are set by the Department of Official Language regarding the amount of correspondence being carried out in Hindi. A Parliament Committee on Official Language constituted in 1976 periodically reviews the progress in the use of Hindi and submits a report to the President. The governmental body which makes policy decisions and established guidelines for promotion of Hindi is the Kendriya Hindi Samiti (est. 1967). In every city that has more than ten central Government offices, a Town Official Language Implementation Committee is established and cash awards are given to government employees who write books in Hindi. All Central government offices and PSUs are to establish Hindi Cells for implementation of Hindi in their offices.^[45]

In 2016, the Modi government announced plans to promote Hindi in government offices in Southern and Northeast India.^[46][47]

The Indian constitution does not specify the official languages to be used by the states for the conduct of their official functions, and leaves each state free to, through its legislature, adopt Hindi or any language used in its territory as its official language or languages.^[48] The language need not be one of those listed in the Eighth Schedule, and several states have adopted official languages which are not so listed. Examples include Kokborok in Tripura and Mizo in Mizoram.

Legislature and administration[edit]

The constitutional provisions in relation to use of the official language in legislation at the State level largely mirror those relating to the official language at the central level, with minor variations. State legislatures may conduct their business in their official language, Hindi or (for a transitional period, which the legislature can extend if it so chooses) English, and members who cannot use any of these have the same rights to their mother tongue with the Speaker's permission. The authoritative text of all laws must be in English, unless Parliament passes a law permitting a state to use another language, and if the original text of a law is in a different language, an authoritative English translation of all laws must be prepared.

The state has the right to regulate the use of its official language in public administration, and in general, neither the constitution nor any central enactment imposes any restriction on this right. However, every person submitting a petition for the redress of a grievance to an officer or authority of the state government has a constitutional right to submit it in any language used in that state, regardless of its official status.

In addition, the constitution grants the central government, acting through the President, the power to issue certain directives to the government of a state in relation to the use of minority languages for official purposes. The President may direct a State to officially recognize a language spoken in its territory for specified purposes and in specified regions, if its speakers demand it and satisfy him that a substantial proportion of the State's population desire its use. Similarly, States and local authorities are required to endeavor to provide primary education in the mother tongue for all linguistic minorities, regardless of whether their language is official in that State, and the President has the power to issue directions he deems necessary to ensure that they are provided these facilities.

State judiciary[edit]

States have significantly less freedom in relation to determine the language in which judicial proceedings in their respective High Courts will be conducted. The constitution gives the power to authorize the use of Hindi, or the state's official language in proceedings of the High Court to the Governor, rather than the state legislature, and requires the Governor to obtain the consent of the President of India, who in these matters acts on the advice of the Government of India. The Official Languages Act gives the Governor a similar power, subject to similar conditions, in relation to the language in which the High Court's judgments will be delivered.^[49]

Four states—Bihar, Uttar Pradesh, Madhya Pradesh and Rajasthan—^[50] have been granted the right to conduct proceedings in their High Courts in their official language, which, for all of them, was Hindi. However, the only non-Hindi state to seek a similar power—Tamil Nadu, which sought the right to conduct proceedings in Tamil in its High Court—had its application rejected by the central government earlier, which said it was advised to do so by the Supreme Court.^[51] In 2006, the law ministry said that it would not object to Tamil Nadu state's desire to conduct Madras High Court proceedings in Tamil.^{[52][53][54][55][56]} In 2010, the Chief Justice of the Madras High Court allowed lawyers to argue cases in Tamil.^[57]

List of official languages by states and territories[edit]

List of official languages of states of India

List of official languages of Union Territories of India^[64]

Union–state and interstate communication[edit]

The language in which communications between different states, or from the union government to a state or a person in a state, shall be sent is regulated by the Official Languages Act and, for states other than Tamil Nadu, by the Official Languages Rules. Communication between states who use Hindi as their official language is required to be in Hindi, whereas communication between a state whose official language is Hindi and one whose is not, is required to be in English, or, in Hindi with an accompanying English translation (unless the receiving state agrees to dispense with the translation).^[31]

Communication between the union and states which use Hindi as their official language (classified by the Official Language Rules as 'the states in Region A'), and with persons who live in those states, is generally in Hindi, except in certain cases.^[91] Communication with a second category of states 'Region B', which do not use Hindi as their official language but have elected to communicate with the union in Hindi (currently Gujarat, Maharashtra, and Punjab)^[92] is usually in Hindi, whilst communications sent to an individual in those states may be in either Hindi or English.^[93] Communication with all other states 'Region C', and with people living in them, is in English.^[94]

See also[edit]

Notes[edit]

1. ^Some languages may be over- or underrepresented as the census data used is at the state-level. For example, while Urdu has 52 million speakers (2001), in no state is it a majority as the language itself is primarily limited to Indian Muslims yet has more native speakers than Gujarati.
2. ^Includes variants and dialects
3. ^See Official languages of Puducherry

References[edit]

1. ^'Report of the Commissioner for linguistic minorities: 50th report (July 2012 to June 2013)'(PDF). Commissioner for Linguistic Minorities, Ministry of Minority Affairs, Government of India. Archived from the original(PDF) on 8 July 2016. Retrieved 17 September 2016.
2. ^PTI (25 January 2010). 'Hindi, not a national language: Court'. The Hindu. Retrieved 20 November 2018.
3. ^'Languages Included in the Eighth Schedule of the Indian Constution Department of Official Language Ministry of Home Affairs GoI'. www.rajbhasha.nic.in. Retrieved 20 March 2019.
4. ^ ^ab'Constitutional Provisions: Official Language Related Part-17 of The Constitution Of India'. Department of Official Language, Government of India. Retrieved 1 July 2015.
5. ^'THE OFFICIAL LANGUAGE POLICY OF THE UNION Department of Official Language Ministry of Home Affairs GoI'. rajbhasha.nic.in. Retrieved 20 March 2019.
6. ^'Scheduled Languages in descending order of speaker's strength – 2001'. Ministry of Home Affairs, Government of India. Archived from the original on 22 February 2013. Retrieved 1 July 2015.
7. ^'Statement 1 – Abstract of Speakers' Strength of Languages and Mother Tongues – 2001'. Government of India. Archived from the original on 29 October 2013. Retrieved 21 December 2016.
8. ^Mollin, Sandra (2006). Euro-English: assessing variety status. Gunter Narr Verlag. p. 17. ISBN978-3-8233-6250-0.
9. ^Kanchan Chandra, 'Ethnic Bargains, Group Instability, and Social Choice Theory,' Politics and Society 29, 3: 337–62.
10. ^'Statement 1 – Abstract of Speakers' Strength of Languages and Mother Tongues – 2011'(PDF). Ministry of Home Affairs, Government of India.
11. ^http://www.bihardays.com/jharkhands-11-second-languages-will-create-new-jobs-enrich-national-culture/
12. ^ ^abcde'Multi-lingual Bengal'. The Telegraph. 11 December 2012.
13. ^ ^abcdeRoy, Anirban (28 February 2018). 'Kamtapuri, Rajbanshi make it to list of official languages in'. India Today.
14. ^'The Origins of the Konkani Language'. www.kamat.com. 15 August 1997 – 15 January 2016.
15. ^'Indian Languages: Konkani Language'. iloveindia.com.
16. ^https://www.prabhatkhabar.com/news/ranchi/jharkhand-raghubar-das-cabinet-decision-maithili-bhojpuri-angika-magahi-second-language/1135878.html
17. ^'Oriya gets its due in neighbouring state- Orissa- IBNLive'. Ibnlive.in.com. 4 September 2011. Retrieved 29 November 2012.
18. ^Naresh Chandra Pattanayak (1 September 2011). 'Oriya second language in Jharkhand'. Times Of India. Retrieved 29 November 2012.
19. ^'Bengali, Oriya among 12 dialects as 2nd language in Jharkhand'. daily.bhaskar.com. 31 August 2011. Retrieved 29 November 2012.
20. ^'Santhali'. Ethnologue.com. Retrieved 3 May 2018.
21. ^ ^ab'The Official Languages (Use for Official Purpose of the Union) – Rules 1976 (As Amended, 1987)'. Archived from the original on 25 March 2010. Retrieved 10 June 2015.
22. ^Commissioner Linguistic MinoritiesArchived 8 October 2007 at the Wayback Machine
23. ^Language in India
24. ^THE OFFICIAL LANGUAGES ACT, 1963Archived 1 June 2009 at the Wayback Machine
25. ^National Portal of India: Know India: ProfileArchived 17 April 2007 at the Wayback Machine
26. ^Committee of Parliament on Official Language reportArchived 20 February 2012 at the Wayback Machine
27. ^Hardgrave, Robert L. (August 1965). 'The Riots in Tamilnadu: Problems and Prospects of India's Language Crisis'. Asian Survey (University of California Press)
28. ^'The force of words', Time, 19 February 1965, retrieved 5 June 2007
29. ^Forrester, Duncan B. (Spring–Summer 1966), 'The Madras Anti-Hindi Agitation, 1965: Political Protest and its Effects on Language Policy in India', Pacific Affairs, 39 (1/2): 19–36, doi:10.2307/2755179
30. ^'The Official Languages (Use for Official Purpose of the Union) – Rules 1976 (As Amended, 1987) – Paragraph 3(5)'. Archived from the original on 25 March 2010. Retrieved 10 June 2015.
31. ^ ^ab'The Official Languages (Use for Official Purpose of the Union) – Rules 1976 (As Amended, 1987) – Paragraph 3(1)'. Archived from the original on 25 March 2010. Retrieved 10 June 2015.
32. ^Notification No. 2/8/60-O.L. (Ministry of Home Affairs), dated 27 April 1960
33. ^ ^ab'The Official Languages (Use for Official Purpose of the Union) – Rules 1976 (As Amended, 1987) – Paragraph 1'. Archived from the original on 25 March 2010. Retrieved 10 June 2015.
34. ^'The Official Languages (Use for Official Purpose of the Union) – Rules 1976 (As Amended, 1987) – Paragraph 3(1b)'. Archived from the original on 25 March 2010. Retrieved 10 June 2015.
35. ^Article 120(1) first proviso.
36. ^'The Official Languages (Use for Official Purpose of the Union) – Rules 1976 (As Amended, 1987) – Paragraph 5(1,2)'. Archived from the original on 25 March 2010. Retrieved 10 June 2015.
37. ^'Court language is English, says Supreme Court – The Economic Times'. The Economic Times. Retrieved 30 May 2017.
38. ^www.business-standard.com/article/government-press-release/use-of-hindi-language-in-courts-116042801074_1.html
39. ^'The Official Languages (Use for Official Purpose of the Union) – Rules 1976 (As Amended, 1987) – Section 3(3)'. Archived from the original on 25 March 2010. Retrieved 10 June 2015. names, amongst others, resolutions, general orders, rules, notifications, administrative or other reports or press communiques issued by a government department, agency or corporation; administrative and other reports and official papers laid before a House or the Houses of Parliament; and contracts and agreements executed, and licences, permits, notices and forms of tender issued by or on behalf of the government (including government companies).
40. ^'The Official Languages (Use for Official Purpose of the Union) – Rules 1976 (As Amended, 1987) – Paragraph 1(ii)'. Archived from the original on 25 March 2010. Retrieved 10 June 2015.
41. ^'The Official Languages (Use for Official Purpose of the Union) – Rules 1976 (As Amended, 1987) – Paragraph 4(a)'. Archived from the original on 25 March 2010. Retrieved 10 June 2015.
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45. ^'Official Language – Constitutional/Statutory Provisions'. Government of India. Archived from the original on 17 April 2007.
46. ^'Centre to promote use of Hindi in South India, Northeast:
    In response to this several NGO and political parties have started agitation and some have even re-sorted to violent protests in the Darjeeling for separate statehood, which started in after the official statement in press meet by Central parliamentary affairs minister. The monster himself hails from South India and many party leader of the government has felt as insult to the mother language. The TANA has stated 'It's high time the North should learn the lessons from the past and should try not to stir the broth'
    The ADMK leader has said in New Delhi 'It's a shame to see my neighbouring state leader hailing from Telugu state speaking against the his own mother tongue.
    The Dravida Samrakshana Samiti Head has said ' it's a direct assault on our culture and is a insult for saying the minister hailing from South India. (Jitendra Singh)'. The Indian Express. 9 June 2016. Retrieved 11 June 2016.
47. ^'Govt to promote use of Hindi in routine conversation, NE – Times of India'. The Times of India. Retrieved 11 June 2016.
48. ^Constitution of India, Article 345
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51. ^Special Correspondent (12 March 2007), 'Karunanidhi stands firm on Tamil in High Court', The Hindu, p. 1
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62. ^The National Commission for Linguistic Minorities, 1950 (ibid) makes no mention of Chhattisgarhi as an additional state language, despite the 2007 notification of the State Govt, presumably because Chhattisgarhi is considered as a dialect of Hindi.
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External links[edit]

• Department of Official Language (DOL) – Official webpage explains the chronological events related to Official Languages Act and amendments
• Central Institute of Indian Languages – A comprehensive central government site that offers complete info on Indian Languages
• Reconciling Linguistic Diversity: The History and the Future of Language Policy in India by Jason Baldridge