Indian Constitution: 1 Basics of
Indian Constitution: 1 Basics of
Indian Constitution: 1 Basics of
CHAPTER
Indian Constitution
set of fundamental legal-politicalrules that:
A
making institutions;
o binding on everyone in the state, including law
government, political principles, and
concern the structure and operation of the institutions of
the rights of citizens;
based on widespread public legitimacy;
o harder to change than ordinary laws;
and human rights.
recognized criteria for a democratic system in termsof representation
Functions of a Constitution
Declare and define the boundaries of the political community.
Declare and define the nature and authority of the political community.
Express the identity and values of a national community.
Declare and define the rights and duties of citizens.
Establish legislative, executive, and judicial branches of government.
sub-state communities.
Share power between different layers of government or
Declare the official religious identity of the state
Commit states to particular social, economic, or developmental goals.
India.
laid the foundation of Central Administration in
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Governor of Bengal’ Governor-General of Bengal. (Lord Warren
Executive Council of 4 members tO assist the GGB.
Regulating Governors of Madras & Bombay presidencies subordinate to GGB.
Act, 1773
Set up the SC of Calcutta with 1 Chief justice and 3 other judges.
Government regarding
Court of Directors of the Company to report the British
Company's revenue, civil and military affairs in India.
Safeguarded the GGB and its council from the jurisdiction of the SC.
Act of provided immunity to the servants for their official actions.
Settlement, Exempted revenue matters of Company from jurisdiction of the SC
1781 SCto administer the personal law of the defendant.
GGBto frame regulations for Provincial Courts and Councils.
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Constituent Assembly
Cabinet Mission Plan provisioned to set up a Constituent Assembly of India:
total strength = 389 partly elected and partly nominated
296 seats were allotted to British India
292 members from the 11 governors' provinces 389 296 +43
4from the 4 chief commissioners' provinces
93 seats to the Princely States.
allotted seats in proportion to their respective population.
Seats allocated to each British province were to be divided among Muslims, Sikhs and Genera
(others), in proportion to their population.
representatives of each community ’ elected by members of that community by proportiona
representation usinga single transferable vote.
representatives of the princely states were to be nominated by the heads of the princely states
members were indirectly elected by the members of the provincial assemblies.
did not present the sentiments of the masses as the members of provincial
assemblies themseve
were elected on a limited franchise.
election for British Indian Provinces was held in July-August 1946.
Indian NationalCongress won 208 seats,
o Muslim League won 73 seats
o Independent players held 15 seats
seats of princely states were not filled as they refrained from the Assembly
Assembly had representatives from every section of the society
Mahatma Gandhi was not a member of the Constituent Assembly.
" OnApril 28, 1947 representatives ofthe 6 states became part of the
assembly
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after the Mountbatten Plan of June 3, 1947, most of the princely states entered the assembly.
Later Muslim League from the Indian dominion also joined the assembly.
Working of the Constituent Assembly
"(first meeting: December 9, 1946.
o Muslim League boycotted and demanded a separate state of Pakistan
Only 21 members attended the first meeting.
Assembly,
Dr Sachchidananda Sinha was elected as the interim President of the
(French practice)
o Dr Rajendra Prasad was elected as the President of the Assembly
H.C. Mukherjee and V.T. Krishnamachari Vice-President
Objective Resolution:
Presented on Dec 13, 1946, by JL Nehru in the Constituent AsSsembly, unanimously
adopted by the assembly on January 22, 1947.
Important provisions:
o proclaim India as th Independent Sovereign Republic
o India, shall be a Union of territories of British India that join it
o Boundaries determined bythe Constituent Assembly which shall possess residuary p0wers and
exercise all powersand functions of the Government and administration implied in the Union
power and authority of Independent India derived from the people
o shall guarantee to all the people of India
justice, social, economic and political;
Vequality of status of opportunity, and before the law;
reedom of thought, expression, belief, faith, worship, association and action
and depressed
o adequate safeguards shall be provided for minorities, backward and tribal areas
and other backward classes
rights on land, sea and air
O Maintain integrity of the territory of the Republic andits sovereign
accordingto justice and the law of civilized nations
full and willing contribution
o attains its rightful and honoured place in the world and makes its
mankind.
tothe promotion of world peace and the welfare of
Changes after the Indian Independence Act, 1947
Assembly’ fully sovereign body to frame Constitution
became the legislative body.
o responsible to frame the Constitution and enact ordinary laws for the country.
worked as the Constitutional body -’ chaired by Dr Rajendra Prasad
as alegislative body’ G.V. Mavlankar became chairman (till Nov 26, 1949).
Muslim League withdrew from the assembly
o reduced the total strength of the assembly to 299 from 389.
o strength of Indian provinces reduced to 229 from 296
o princely states to 70 from 93.
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Other Functions Performed by the Assembly
Ratified India's membership of the Commonwealth in May 1949
Adopted National Flag of India on July 22, 1947
Adopted NationalAnthem on January 24, 1950
Elected Dr Rajendra Prasad as the first President of India on January 24, 1950
On January 24, 1950, the Constituent ASsembly held its final session but continued as
the provincial parliament from January 26, 1950, tillthe first general elections in
1951-52were held.
Committees of the Constituent Assembly
Committee Headed by
Union Powers Committee J.L. Nehru
J.L. Nehru
Union ConstitutionCommittee
Sardar Patel
ProvincialConstitution Committee
Drafting Committee Dr B.R. Ambedkar
Advisory Committee on Fundamental Rights, Minorities and Sardar Patel
Tribal and Excluded Areas
Fundamental Rights Sub-Committee J.B. Kriplani
Major Minorities Sub-Committee H.C. Mukherjee
Committee North-East Frontier Tribal Areas and Assam Excluded & Gopinath Bardoloi
Partially Excluded Areas Sub-Committee
Excluded and Partially Excluded Areas (Other than those in A.V. Thakkar
Assam) Sub-Committee
North-West Frontier Tribal Areas Sub-Committee
Rules of Procedure Committee Dr Rajendra Prasad
States Committee (for Negotiation with states) J.L. Nehru
Steering Committee Dr RajendraPrasad
Finance and Staff Committee Dr Rajendra Prasad
Credentials Committee A.K. Ayyar
House Committee B. Pattabhi Sitaramayya
Order of Business Committee Dr K.M. Munshi
Ad-hoc Committee on National FIlag Dr Rajendra Prasad
Committee on Functions of the Constituent Assembly G.V. Mavalankar
Minor Ad-hoc Committee on the SC S. Varadachari
Committee Committee on Chief Commissioners' Provinces B. PattabhiSitaramayya
Expert Committee on the Financial Provisions of the Union Nalini Ranjan Sarkar
Constitution
Linguistic Provinces Commission S.K. Dar
Special Committee to Examine the Draft Constitution
J.L. Nehru
Press Gallery Committee Usha Nath Sen
Ad-hoc Committee on Citizenship S. Vallabhachari
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Drafting Committee
On August 29, 1947, set up to prepare a draft of the new Constitution.
seven-member committee with
o Dr B.R.Ambedkar ’ Chairman
o N. Gopalaswamy Ayyangar
Alladi KrishnaswamyAyyar
Dr K.M. Munshi
o Syed Mohammad Saadullah
o 'N.M. Rau
o T.T. Krishnamachari
First draft published in February 1948
second draft published in October 1948.
Enactment of the Constitution
Dr B.R.Ambedkar introduced the final draft on Nov 4, 1948,for first reading.
Second reading held on November 15, 1948,
third reading on November 14, 1949.
" draft was passed on November 26, 1949 (Constitution day).
Constitution as adopted on November 26, 1949, contained
Preamble
394 Articles
o 8 Schedules.
temporary and transitional provisions and
Provisions of citizenship, elections, provisional parliament, and 393 came
324, 366, 367, 379, 380, 388, 391, 392
short title contained in Article 5, 6, 7, 8, 9, 60,
provisions came into force on January 26, 1950.
intoforce on November 26, 1949. The remaining
provisions under the Indian Independence Act, 1947
With the adoption of the Constitution, all the
repealed.
and the Government of India Act, 1935 were
Abolition of Privy Council Jurisdiction Act (1949) continued.
Criticism to the Constituent Assembly
mass verdict due to election by the E
Not a Representative Body - did not reflect the
limited franchise.
based on the proposals of the British
Not a Sovereign body as it was formed
Government and held its meeting with their permission. which took
as compared to the American constitution
Tookgreater time in framing the Constitution
only 4 months.
Dominated by Congress
Domination of Lawyers and Politicians
Dominated by Hindus
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THE CONSTITUTION OF
INDA
PRE MBLE
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Political justice: all citizens should have equal political rights, equal access to all political
offices and equal voice in the Government.
Liberty: of thought and expression; absence of restraints on the activities of individuals, and at the
same time, providing opportunities for the development of individual personalities.
taken from the French Revolution (1789-1799).
Equality: absence of special privileges to any section of the society, and the provision of adequate
opportunities for allindividualswithout any discrimination.
three dimensions of equality-civic, political and economic.
Fraternity: sense of brotherhood; promotes the feeling of fraternity by a system of
single citizenship and by article 51A (Fundamental Duties).
Preamble as a part of the Constitution
Berubari Union v. Unknown Case, Kesavananda Bharati v. State of Union Government Vs LIC of
1960 Kerala Case, 1973 India Case, 1995
SC stated that 'Preamble is the SC held that "Preamble of the SC held that Preamble is
key to open the mind of the Constitution will now be the integral part of the
makers' but it cannot_be considered aspart of the Constitution but is not
considered as part of the Constitution. The Preamble is directly enforceable in a
Constitution. Therefore it is not not the supreme power or Court of justice in India.
enforceable in a Court of law. source of any restriction or
prohibition but it plays an
important role in the
interpretation of statutes and
ssitie provisions of the Constitution."
Parliamentary Government
Rule of Law
" Legislative procedure
Single Citizenship
UK " Cabinet system
" Prerogative writs
Parliamentary privileges
Bicameralism
Procedure Established bylaw
Fundamental Rights
Independence of judiciary
Judicial Review
US
Impeachment of the President
Removal of SC and HCJudges
Post of vice-President
Germany
(Weimar)
Suspension of Fundamental Rights during emergency
South Africa Procedure for Amendment in the Indian Constitution
Election of members of Rajya Sabha
France Republic
Ideals of liberty, equalityand fraternity in the
separate provisions for SC, ST, Women, children, and Preamble
o detailed list of rights, DPSPs and backward regions.
details of administration procedures
o Originally (1949), had a Preamble, 395 Articles
(divided into 22 Parts) and 8 Schedules.
Presently, it consists of a Preamble, 25 parts, 448
till date. Articles, 12 Schedules, and 104 Amendmer
Unique blendof rigidity and flexibility:
o Some parts can be
amended by ordinary law making procedure while certain
amended by a majority of the total provisions cant
than two-third of the membership of that house and by a majority of not le
o Some members of that house present and voting.
amendments are also required to be ratified by the
of the states before
being presented to the legislatures of not less than one-hd
India as a sovereign, President for assent.
through their elected socialist, secular, democratic and republic: India is governed by its peoP
representatives based on universal adult
Parliamentary System of Government: Parliament controls the franchise.
executive is responsible to the functioning of the CoM
confidence of the legislature. legislature and remains in power as long as it
I enjoy
President of India, who remains in
constitutional head (Executive). office for five vears, is the
PM is the real nomninal, titula
executive and head of the CoM who is
house (Lok Sabha).
collectively responsible to the i
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Single Citizenship: single citizenship provided by the union and recognized by all the states across
India.
Universal Adult Franchise: establishes political equality in India through the method of universal
adult franchise which functions on the basis of 'one person one vote'.
elections, irrespective of
o Every Indian who is 18 years of age or above is entitled to vote in the
caste, sex, race, religion or status.
the executive and the
Independent and Integrated Judicial System: free from the influence of
legislature.
come
o SCas the apex court below which HCs and lower courts
Fundamental Rights, Fundamental Duties and DPSPs:
subject to the limitations defined by the
o Fundamental Rights are not absolute but are
constitution itself and are enforceable in the court of law.
regarding governance and are not
DPSPs are the guidelines to be followed by the states
enforceable in the court of law.
conscience which ought to be
FundamentalDuties, added by the 42nd Amendment are moral
followed bythe Citizens.
India is an indestructible Union with destructible
Federation with a strong centralising tendency:
the time of emergency.
states means it acquires a unitary character during
Review: An independent judiciary with the power
Balancing Parliamentary supremacy with Judicial
of judicial review
Salient Features of
3
CHAPTER the Constitution
contains:
Longest written constitution: it
their inter-relationship.
o Separate provisions for states and centre and
world.
borrowed provisions from several sources and constitutions of the
Countries Borrowed Features of Indian Constitution
Concurrent list
Australia Freedom of trade, commerce and intercourse
Joint-sitting of the two Houses of Parliament
Federation with a strong Centre
Vesting of residuary powers in the Centre
Canada
Appointment of state Governors by the Centre
Advisory jurisdiction of the SC
Directive Principles of State Policy
Ireland Nomination of members to RajyaSabha
Method of election of the President
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Chapter|-The Executive 52 to 78
Chapter l|- Parliament 79 to 122
Chapter Il|- Legislative Powers of President 123
Chapter IV - The Union Judiciary 124 to 147
Chapter V- Comptroller and Auditor-General of India 148 to 151
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308 to 323
Services under the Union and the States
XIV
308 to 314
Chapter |- Services 315 to 323
Chapter I| -Public Service Commissions
323-A to 323-B
XIV-A Tribunals
324 to 329-A
XV Elections
330to 342
XVI Special Provisions relating to Certain Classes
343 to 351
XVI Official Language
343 to 344
Chapterl- Language ofthe Union 345 to 347
Chapter ll- Regional Languages
s0 on 348 to 349
Chapter l|-Language of the Supreme Court, High Courts, and 350 to 351
Chapter IV-Special Directives
352 to 360
XVII Emergency Provisions
361 to 367
XIX Miscellaneous
Amendment of the Constitution 368
XX
369 to 392
XXI
Temporary, Transitional and Special Provisions
and Repeals 393 to 395
XXIl Short title, Commencement, Authoritative Text in Hindi
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Schedule
Twelfth
Schedule
Eleventh Schedule Tenth Schedule Ninth ScheduleEighth
Schedule
Seventh
Schedule Schedule
Sixth Schedule
Fifth Fourth
TEARS
Specifies
This schedule Specifies
Amendment
Legislatures
ProvisionsscheduleRights. the with with Acts
added added byNepali,Hindi, there contains
Languages (originally(State
schedule laws other land and List)
DivisionIl Provisions
Meghalaya, scheduledProvisionsAllocation 9. 8. 7.
the
The The The
OF the was the However,
after included Regulations reforms
by 71 Oriya, by
Kannada, are
Judges
the st the 5297), of members
candidates
was added
powers, powers, Act relating on matters. recognized 22
OL0 of the April Amendment92nd 21st languages.
Punjabi,
subjects powers
and relating
Tripura tribes.
relating of
seats of
added in in the
by 1985, 24, and Amendment Kashmiri, Li st the of
authorityauthority ground to 2007, itThis(originally Amendment state between and in the for
Pm by
the
disqualification
also
1973, from
schedule
abolition
Sanskrit,
(originally
by
(Concurrent
Il to to the High election
the 73rd They th e list Mizoram. the the
state
judicial
the Act Konkani, RajyaSabhaCourts
andknown of are contains administration the
74th
Amendment and of Act Constitution. legislature to
responsibilities
responsibilities
Amendment
defection. Supreme
now of 13
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Law. Review. that Manipuri it
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4
CHAPTER
Union And Its Territory
Constitutional Provisions
Articles 1- 4 in Part I of the Indian Constitution
Provisions
Article
1 Name and territory of the union
2
Admission or Establishment of new states
Formationof newstates and alteration of boundaies or names of existing States
Laws made under art. 2 and 3 to amend Iand IV Schedules and supplemental, incidental
and consequential matters.
Citizenship
Determines
a person'scomplete political
participation in the nation,
o hisongoing commitment to nation,
into the political system.
o State's legal acceptance of his/her rightful integration
2kinds of people - citizens and aliens
Citizen: Enjoys full membership of the Indian state and owes allegiance to it.
Enjoy allthe civiland political rights.
Aliens: Citizens of some other state
Do not enjoy allciviland politicalrights.
2categories:
a Friendly aliens: countries that have cordial relations with India.
Enemy aliens: From the country that is at war with India.
Enjoy less rights than the friendiy aliens.
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