A Remarkable Constitution

The Constitution of India is remarkable for its many outstanding features which distinguish it from other Constitutions, even though it has been prepared after “ransacking all the known Constitutions of the world” and most of its provisions are substantially borrowed.

As Dr. B.R. Ambedkar observed:

“One likes to ask whether there can be anything new in a Constitution framed at this hour in the history of the world. More than hundred years have rolled when the first written Constitution was drafted. It has been followed by many other countries reducing their Constitutions to writing. Given these facts, all Constitutions in their main provisions must look similar. The only new things, if there be any, in a Constitution framed so late in the day are the variations made to remove the faults and to accommodate it to the needs of the country.”

Thus, while the Constitution of India may be said to be a “borrowed Constitution”, the credit of its framers lies in gathering the best features of each existing Constitution, modifying them to avoid faults, and adapting them to the needs of India. If it is a “patchwork”, it is a “beautiful patchwork.”

Although some members of the Constituent Assembly criticized it as a “slavish imitation of the West” or “not suited to the genius” of the people, and many feared it would be unworkable, the fact that it has survived for about 60 years—while Constitutions in neighbouring countries like Burma and Pakistan have failed—proves its resilience.

Amendments and Modifications

Substantial Amendments:

The original Constitution of 1949 has been substantially modified by 105 Amendments (up to December 2021). Among these, the 42nd Amendment Act, 1976 (modified by the 43rd and 44th Amendments, 1977–78) virtually recast the Constitution in many vital respects.

Panchayati Raj and Municipalities:

• 73rd Amendment Act, 1992 (in force from 24 April 1993)

  • Added 16 Articles providing for Panchayats and their elections (Part IX).

  • Introduced Schedule 11, listing functions delegated to Panchayats.

• 74th Amendment Act, 1992 (in force from 1 June 1993)

  • Established Municipalities through Part IXA with 18 Articles.

  • Introduced Schedule 12, listing functions assigned to Municipalities.

Co-operative Societies:

• 97th Amendment Act, 2011 (effective from 15 February 2012)

  • Inserted “co-operative societies” in Article 19(1)(c).

  • Added Article 43B (Part IV) and Part IXB (Articles 243ZH to 243ZT).

Regional Provisions:

• 98th Amendment Act, 2012 inserted Article 371J.

Judicial Reforms and NJAC:

• The Law Commission of India (214th and 230th Reports) and the Parliamentary Standing Committee on Home Affairs (85th Report, 2001) recommended reforms in the Judiciary and removal of the collegium system.

• To address this, the 99th Constitutional Amendment Act, 2014 and the National Judicial Appointment Commission (NJAC) Act, 2014 were enacted.

  • The NJAC comprised:

    • Chief Justice of India (Chairperson, ex officio)

    • Two senior-most judges of the Supreme Court (ex officio)

    • Union Minister of Law and Justice (ex officio)

    • Two eminent persons (nominated for 3 years by a committee including the CJI, Prime Minister, and Leader of Opposition).

  • Functions:

    • Recommend appointments of Judges of the Supreme Court and High Courts.

    • Recommend transfers of Chief Justices and Judges of High Courts.

    • Ensure merit-based judicial appointments.

• However, in the NJAC Judgment (Supreme Court Advocate-on-record Association v. Union of India, (2016) 5 SCC 281), the Supreme Court struck down the 99th Amendment and NJAC Act, holding them unconstitutional as they violated the independence of the judiciary—a basic structure of the Constitution.

Reservation for Economically Weaker Sections (EWS):

• 103rd Constitutional Amendment Act, 2019 amended Articles 15 and 16 to provide 10% reservation for Economically Weaker Sections (EWS) in:

  • Educational institutions (including private, aided, and unaided, except minority institutions under Article 30).

  • Government jobs.