INDIAN CONSTITUTION

CONTENTS

Unit 1 - Introduction to Indian Constitution

Unit 2 - Union Government and its Administration Structure of the Indian
Union
Unit 3 - State Government and its Administration
Unit 4 - Local Administration
Unit 5 - Election Commission
UNIT 1- Introduction to Indian Constitution

Introduction to the constitution of India and

the Preamble
Sources of Indian Constitution
Features of Indian Constitution - Citizenship

Fundamental Rights and Duties

Directive Principles of state policy

UNIT 2- Union Government and its Administration Structure of the Indian
Union

Federalism, Centre- State relationship

President: Role, Power and Position
Prime Minister and Council of ministers
Cabinet and Central Secretariat
Lok Sabha
Rajya Sabha
The Supreme Court and High Court:
Powers and Functions
UNIT 3 - - State Government and its Administration

Governor- Role and Position

Chief Minister and Council of Ministers

State Legislative Assembly

State secretariat: Organisation, Structure and Functions

Unit 4 - Local Administration
District’s Administration Head- Role and Importance
Municipalities: Introduction, Mayor and role of Elected Representative

Panchayati Raj: Composition and Functions Evolution and 73rd and 74th
Amendments
Zila Parishad and district administration: Composition and Functions
Elected officials and their roles,
CEO Zila Panchayat: Position and role.
Panchayat Samiti: Composition and Functions
Gram Panchayat: Composition and Functions Importance of grass root
democracy
UNIT 5- Election Commission

Role of Chief Election Commissioner

State Election Commission

Functions of Commissions for the welfare of

SC/ST/OBC and women
INDIAN CONSTITUTION
Introduction to the Constitution of India and the Preamble

● Meaning of Constitution
● Importance of the Constitution of India
● Preamble to the Indian Constitution
● Features of the Preamble
 (i) Why do we need a written constitution?
(ii) What is the speciality of Indian Constitution?
(iii) Why Constitution is considered to be supreme in India?
What is a constitution?
It is the Supreme law of the land.
Set of rules for effective functioning and to create a orderly society
The constitution is something that sets the limits and boundaries of the governments' interaction and
powers.
The Constitution works as a means by which the government in the rule knows as to what extent they can
impose rules and regulations on the citizen of the country.
Constitutionalism - Constitutionalism’ means limited government or limitation on government.
Why do we need a written Constitution?
● Police state
● Welfare state - Protector and Provider – Social and Economic Well being of the
people.
● Most democratic country have written Constitution
● In a democratic country, the Constitution keeps a check on the excessive power of
the government.
● India is Multi -lingual, Multi-religious in nature, so to balance and protect the
interest of all and live in harmony/ peacefully.
What
— is the speciality of Indian Constitution?
Why Constitution is considered to be supreme in India?
1. Constitution is a basic document and it builds the degree of trust
and ensures coordination.
2. Provisions relating to different organs of government are present.
eg: legislative, executive, judiciary, TNPSC, UPSC, Election Commission etc
3. Concept of Separation of Powers
4. Regulate the relationship between Part III and Part IV of
Constitution.
Constitution

●
th
Came into force on 26 Jan, 1950 – 395 articles, 8
Schedules, 22 Parts
● How long it took to draft the Constitution? - 2 years, 11
months and 18 days.
● Currently 2021- Around 448 Articles, 25 Parts and 12
Schedules.
INDIAN CONSTITUTION
PREAMBLE TO THE CONSTITUTION OF INDIA
- is an introduction to the statute containing its essence.
- it embodies in a solemn form of all the ideals and
aspirations for which the country had struggled during the
British regime.
- “The Preamble to a Constitution embodies the
fundamental values and the philosophy, on which the
Constitution is based, and the aims and objectives, which
the founding fathers of the Constitution enjoined the polity
to strive to achieve”
How preamble was drafted?
● It was the remake of the first resolution on ‘Aims and Objects of the
Constitution’ which was moved on 13 December 1946 by Mr.Nehru and
adopted on 22nd Jan, 1947.
● Preamble - establish and promote and also aids the legal interpretation
of the Constitution where the language is found to be ambiguous.
● The importance and utility of the Preamble has been pointed out in
several decisions of the Supreme Court of India.
PREAMBLE TO THE CONSTITUTION OF INDIA
The preamble declares :
“We, the people of India having solemnly resolved to constitute
India into a Sovereign, Socialist Secular Democratic and Republic and
to secure its citizens:
Justice, Social, Economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and opportunity; and to promote among them all;
Fraternity assuring the dignity of the individual and the unity and the
integrity of the Nation.
In our Constituent Assembly this twenty- sixth day of November,
1949 do hereby, Adopt, Enact and Give to Ourselves this Constitution”
.
COMPONENTS
(a) Source of authority of the Constitution
(b) Nature of Indian State
(c) Objectives of Constitution
(d) Adoption of Constitution
Source of authority
● “We the people of India” – derives its authority from the people of
India
● Purnima Banerji – Part of Constituent assembly- Suggestions to
replace as “We on behalf of the people of India”.
● Dr. Ambedkar – As it embodies the desire of the people, which has
its roots, authority and sovereignty from the people.
● After assembly deliberations/ debate
NATURE OF INDIAN STATE
Sovereign, Socialist, Secular, Democratic and Republic in nature.
1.Sovereign
- supreme power , independent , absolute and uncontrolled – internally supreme and externally
free.
2. Socialist- added by 42nd Amendment Act,1976 – Socialist principles were present in Directive
Princilpe of State Policy
- aims at elimination of inequality in income, status and standards of life.
- India follows ‘Democratic Socialism” and not ‘Communistic Socialism”.
- Democratic Socialism’ that holds faith in a mixed economy where both private and public sectors
co-exist side by side.
3. Secular – added by 42nd Amendment Act,1976.
- Treating all the religions equally with respect.
- State does not recognize any religion.
- Art 25 to 28 of Indian Constitution – Religious freedom to practice, profess and propagate
religion of their choice.
4.Democratic –
- Demo means ‘PEOPLE’ , Cracy means ‘RULE’
- form of government which get its authority from the will of the people.
(a) Direct – Switzerland – Referendum, Initiative, Recall, Plebiscite
(b) Indirect - India
. 5. Republic – head of the state is not hereditary monarch.
- India has a elected head called the ‘President’.
OBJECTIVES

Justice – Social, Economic and Political

Liberty – of thought, expression, belief, faith and
worship.
Equality – of status and opportunity
Fraternity – assuring the dignity of individual and the
unity and integrity of the nation.
42
nd Amendment Act,1976 -:
1.Secular - S.R. Bommai v. Union of India , the
supreme court held that “secularism is the basic
feature of the Constitution.”
2.Socialist
3.Integrity
● Conclusion:
- Gives a brief idea about the makers of the Constitution
- Key to open the minds of the makers.
- The preamble does not grant any power to anyone but it gives the
structure on which the constitution stands.
INDIAN CONSTITUTION
 TOPIC 2

Sources of Constitution of India

Making of Constitution
● Indian constitution is the fundamental document that forms basis of Republic of India.
● Mahatma Gandhi and others suggested for need for a Constituent Assembly on the basis of adult suffrage.
● Its time consuming so, utilize the Provincial Assemblies, already constituted by election, as ‘elective bodies’ to
send suitable members to the Constituent Assembly.

Working of constitution
Objective resolution
Committees on constituent assembly – sub committees on Fundamental
Rights and Minorities.
Drafting committee
Enactment
Enforcement
Criticism
● 1. Working of Constitution:
- Constituent assembly first meeting was on Dec 9, 1946 – boycotted by
Muslim league demanding for separate State of Pakistan.
- Second meeting was on Dec 11, 1946 - Dr.Rajendra Prasad and
H.C.Mukerjee were elected as President and vice-president of the
Assembly respectively.
● 2. Objective Resolution:
- Introduced by Nehru as later became the preamble.
● 3. Committees of the Constituent Assembly:
- Major and Minor Committees
- Major Committee – Drafting Committee, Advisory Committee, Union
Powers committee etc
- Had sub committees on Fundamental Rights , Minorities, Tribal Areas etc
- Minor committee – Finance and staff committee, Hindi Translation
committee, Press gallery committee, House committee etc
4. Drafting of the Constitution
7 Members
1.Dr.Ambedkar
2.Gopalswamy Ayyangar
3.Alladi Krishnaswamy Ayyar
4.Dr. K.M.Munshi
5.Syed Mohammed Saadullah
6.T.T.Krishnamachari
7.N.Madhava Rau
Sources of Indian Constitution
● 1. The Government of India Act, 1935
● 2. British Constitution
● 3. US Constitution
● 4. Irish Constitution
● 5. Canadian Constitution
● 6. Australian Constitution
● 7. Weimar Constitution (Germany)
● 8. Soviet Constitution
● 9. French Constitution
● 10. South African Constitution
● 11. Japanese Constitution
HISTORY
● Regulating Act,1773 - Establishment of SC at Calcutta
● Charter Act , 1833 and 1853
● Government of India Act, 1858 - Governor General of India to Viceroy of
India
● Indian councils Act, 1861 and 1892 - Indian were associated in the law
making process, Initiated the process of decentralisation
● Morley - Minto reforms, 1909
- Communal Representation for Muslims - ‘Separate Electorate’
● Montague- Chelmsford reforms, 1919
- Demarcating and separating the central and provincial subjects
● Government of India Act, 1935
- Formation of Provincial Legislative Assemblies based on adult franchise.
- Creation of three list
- Separate electorate for depressed class, women
- Emergency Provisions
- Pubic Service Commission
- Judiciary
- Federal Scheme
USA:
- Fundamental Rights
- Judicial Review
- Impeachment of President
- Removal of Supreme Court and High Court Judges
- Preamble
- Independence of Judiciary
BRITISH:
- Writs – Right to Constitutional Remedies
- Parliamentary form of government
- Single Citizenship
- Parliamentary Privileges
- Rule of Law
IRELAND:
- DPSP
- Method of election of president
- Members nomination to Rajya Sabha
GERMANY:
- Emergency
- Amendment
USSR
- Fundamental duties
CANADA
- Federalism
● AUSTRALIA
- Concurrent List
- Freedom of Trade and Commerce
● FRANCE:
- Ideals of Liberty, Equality, Fraternity and Republic - Preamble
÷1
st draft – Feb, 1948.

÷ Eight months discussion – 2nd draft on Oct, 1948

● Draft constitution has been before the public for eight months.
Enactment :-
Final draft on Nov ,1948 and finally adopted on Nov 26,1949.
Criticism:-
1. Not a Sovereign body
3. Long time in making the constitution
4.Dominated by congress
5.Lawyer politician domination
6. Dominated by Hindus
Conclusion
● It is the origin of the state, the government, citizenship, rights, liberty &
justice. However, its is often criticized to not be original per se, because
many of its provisions are borrowed from other countries.
● Regardless of criticism, the constitution because of its borrowed
character, is like a bouquet with best flowers picked up from different
gardens.
● Different legal systems have evolved differently, giving rise to different
legal principles as fruit of evolution.
Features of Indian Constitution
• Topic 3 - Features of Indian Constitution
--Indian Constitution is unique in its contents
and spirit.
- Salient Features of Indian Constitution
- It have several salient features that distinguish
it from the constitution of other countries.
Salient features
• Lengthiest Constitution
• Parliamentary form of Government
• Rigidity and Flexibility
• Fundamental Rights
• DPSP – Directive Principles of State Policy
• Adult Suffrage
• An independent Judiciary – Judicial Review
• A Secular State
• Single Citizenship
• Fundamental Duties
• Three –tier System
1.Lengthiest Constitution:
- It is the lengthiest in the world.
- It is very comprehensive, elaborate and detailed
document
- Originally has preamble, 395 articles, 8 Schedules, 22
Parts
- Currently 2021- Around 448 Articles, 25 Parts and 12
Schedules.
• Four factors contributing to the size of
Constitution:
1. Geographical factors
2. Historical factors
3. Single constitution for both centre and state
4. Dominance of legal luminaries in the
Constituent Assembly
Constitution contains not only fundamental
principles of governance but also detailed
administrative provisions.
• 2. Parliamentary form of Government
- The Parliamentary system is also known as
‘Westminster’ model of government, responsible
government and cabinet government.
- Though it is based on UK model there are certain
fundamental difference in India.
- It is based on the principle of cooperation and co-
ordination between the legislative and executive
organ.
• Features of parliamentary form of government
is
- Presence of nominal and real executives
- Majority party rule
- Collective responsibility
- Leadership of the Prime Minister and so on
3. Rigidity and Flexibility
- Rigid – Special procedure for its amendment Eg:
American Constitution
- Flexible – Can be amended easily
Eg: British Constitution
- Indian Constitution – neither rigid nor flexible
- Art 368 – (i) Special Majority (2/3rd majority)
(ii) Special Majority + Ratification of
states
(iii) Simple Majority
4. Fundamental Rights :
- Part III – Six fundamental rights
1. Right to Equality – (Art 14 – 18)
2. Right to freedom (Articles 19-22)
3. Right against exploitation (Articles 23-24)
4. Right to freedom of religion (Articles 25-28)
5. Cultural and educational rights (Articles 29-30)
6. Right to Constitutional Remedies (Art 32) – Writ
Jurisdiction
Kinds of writs
• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo-Warranto
Justiciable in nature
Subjected to reasonable restrictions
Promoting the idea of political democracy
5. DPSP – Directive Principles of State Policy
- Part IV of the Indian Constitution (Art 36 – 51)
- Promoting the ideal of social and economic
democracy
- Establish the welfare state
- Dr.Ambedkar considered this as ‘novel
feature’ of the Indian Constitution.
6. Adult Suffrage
- Universal adult franchise is based on the
elections in India
- Citizens above 18 years can cast their vote
without any discrimination based on race, caste,
religion, sex, literacy etc
- Voting rights was reduced from 21 to 18 years in
1989 by 61st Constitutional Amendment Act
1988.
- Essence of democracy, upholds the principle of
equality and protects the interest of all.
7. An independent Judiciary – Judicial Review
- Hierarchy of courts – Supreme Court – High
Court and then subordinate courts
- Supreme Court is the guardian of Constitution
- Single court system in India
- USA – Federal laws enforced by federal
judiciary and state laws are enforced by state
judicary
- Independence is ensures through various
provisions of Indian Constitution such as
1. Appointment of judges
2. Tenure
3. Service conditions etc
• Separation of judiciary from executive is dealt
under Art 50
• Judicial Review
8. A Secular State
- Does not uphold any religion as official religion.
- Art 25- 28
- Preamble – secular was added, secure all its
citizen liberty of belief, faith and worship
- Art 14,,15,16, 29 and 30
- Constitution embodies the positive concept of
secularism – giving equal respect to all the
religions.
9. Single Citizenship
- USA – Dual Citizenship
- India – irrespective of state they are born enjoy
the same political and civil rights
10. Fundamental Duties
- inserted as PART IV A by 42nd Amendment Act,
1976 on the recommendation of swaran singh
committee.
- Reminder to the citizens that rights includes duties
as well.
• 11. Three tier system:
- Panchayat Raj system - 73rd and 74th
amendment act
- Gram Panchayat at the village level
- Panchayat Samiti at the block level and
- Zila Parishad at the district level.
 CITIZENSHIP (Article 5 to 11)
• Article 5 to 9 – determines who are the
Indians at the commencement of
Constitution.
• Article 10 – Continuance of such citizenship
• Article 11 – power of parliament to make law
regarding citizenship.
• Citizenship Act, 1955
• Citizens are people who enjoy all civil and
political rights.
• Nationality is a place of birth of a person
whereas
• Citizenship is his legal status in a country.
• Domicile - intention to reside forever in a
country is an essential element for domicile.
Article 5 :
• During the commencement of the Indian
Constitution, each person who has his or her
domicile in the territory of India and :
(a) who was born in the Indian territory; or
(b) either of whose parents was born in the
Indian territory; or
(c) An individual who has been ordinarily resident
in the Indian territory for at least 5 years
immediately preceding such commencement,
shall be a citizen of India.
 Article 6
• Migrants from Pakistan:
Due to Independence Act,1947, India was
partitioned into India and Pakistan, with effect
from 15-8-1947.
- A person migrated to India from Pakistan
became an Indian Citizen if he or either of his
parents or any of his grandparents was born in
undivided India and also fulfil any one of the
two conditions:
• Migrants from Pakistan before 19th July,1948 –
ordinary resident in India.
• Migrants from Pakistan to India on or after
19th July,1948 – he be the residents for not
less than 6 months preceding the date of his
application for registration.
 Article 7
Person who migrated to Pakistan from India
after march 1, 1947 , shall not be deemed to be
a citizen of India.
Provided nothing said above will apply to a
person if later he returned to India for
resettlement could become an Indian citizen.
 Article 8
Rights of Citizenship of Certain Persons of Indian Origin
Residing Outside India
- Any person who or either of whose parents or
grandparents were born in India as stated in the
Government of India Act 1955 and who is
residing ordinarily in any country outside India shall be
considered to be a citizen of India.
- If he has registered as a Citizen of India by an Indian
diplomatic or consular representative in that country on an
application made by him or her in the prescribed document
form to such diplomatic or consular representative,
whether before or after the commencement of the
Constitution.
• Article 9 - Voluntarily Acquiring Citizenship of
a Foreign State Not to be Citizens
• Article 10 – Every person are subjected to the
law created by the parliament
• Article 11 - Parliament to Regulate the Right of
Citizenship by Law
- Citizenship Act, 1955
- Citizenship Amendment Act, 2019
2019 Amendment:
• 2019 Amendment
• llegal migrants who are Hindus, Sikhs,
Buddhists, Jains, Parsis and Christians from
Afghanistan, Bangladesh and Pakistan, eligible
for citizenship.
• Period of naturalisation for such group of
persons from six years to five years.
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