World Intellectual Property Organization

India

The Constitution of India

Shortcuts

India

Year of current version:2007
Date of entry into force of original text:January 26, 1950
Date of Text (Adopted):November 26, 1949
Type of Text:Constitution / Basic Law
Subject Matter:Other
Notes:
The 1949 Constitution, the supreme law of the Federal Democratic Republic of India, proclaimed the independence of India after 90 years of British colonial rule. Adopted by the Constituent Assembly on November 26, 1949, it is fully applicable since January 26, 1950. The Constitution of India is the longest written constitution of any sovereign country in the world which consists of a preamble, 22 parts containing 395 articles, 12 schedules and 94 amendments up to date. The text of the Constitution was consolidated in 2007 incorporating therein all amendments made by Parliament up to and including the Constitution (Ninety-fourth Amendment) Act, 2006.

It lays out the fundamental political principles, establishing the organisation, powers and duties of the legislative, executive, and judicial branches, details the division of power between the Union (central government) and the States (regional governments), and delineate the fundamental rights and duties of citizens of India. The federal government of India has a bicameral parliament which consists of two Houses: the Council of States, Rajya Sabha (the upper house of Parliament), and the House of the People, Lok Sabha (the lower house of Parliament).

The Constitution contains provisions that specifically refer to intellectual property by giving the Parliament the power to enact laws relating to patents, inventions and designs; copyrights; trademarks and merchandise marks (Part XI, Chapter I, Article 246, as interpreted under Seventh Schedule, List I.-Union List, Section 49).

Furthermore, the Constitution defines other intellectual property rights as subject matter of laws made by Parliament and by the Legislatures of States (Part XI, Chapter I, Article 246 which is specified in Schedule VII).
Firstly, Copyright and related rights such as broadcasting and other like forms of communication stipulated in Schedule VII, List I-31, or Rights of public performance (theatres, dramatic performances, cinemas and cinematography films) are recognized in Schedule VII, List II-33.
Secondly, List I-67, List II-40, List III-12 of Schedule VII guarantee the protection to the traditional knowledge and traditional cultural expressions, which reads: 'Ancient and historical monuments and records, and archaeological sites and remains, [declared by or under law made by Parliament] to be of national importance.'
Thirdly, Schedule VII also refers to industrial monopolies (List III-21), price control (List III-34), commercial monopolies (List III-21), market and fairs (List II-28), which are considered main issues relating to intellectual property.

The Constitution also includes articles relating to the protection of the indigenous communities. Scheduled Tribes are recognized as groups of indigenous people, identified in Part X and Part XVI of the Constitution.
Available Texts: 
English

The Constitution of India The Constitution of India, Complete document (pdf) [103 KB]

Hindi

भारत का संविधान भारत का संविधान, Complete document (pdf) [103 KB]

WIPO Lex No.:IN023

Explore WIPO