CONSTITUTIONAL LAW - I

PROJECT ON

“CONSTITUTION OF INDIA: SALIENT FEATURES AND

CHARCTERISTICS”

For Internal Evaluation Submitted to

Prof. AYAZ AHMED

PREPARED BY:
SIMRAN BALWANI - 1007AL0075
NIDHI TRIVEDI – 1007AL0052
PRERNA BHANSALI – 1007AL0058
 DECLARATION

The text reported in the project is the outcome of our own efforts and no part of
this project assignment has been copied in any unauthorized manner and no part
of it has been incorporated without due acknowledgement.

SIMRAN BALWANI
NIDHI TRIVEDI
PRERNA BHANSALI
 TABLE OF CONTENTS

➢ What is Constitution?

➢ The Constituent Assembly

➢ Framing of the Constitution

➢ Objectives of the Constitution

➢ Salient Features of Our constitution

➢ References
WHAT IS CONSTITUTION?

➢ A constitution is a document with unique legal sanctity that establishes

the framework and primary functions of government. A country's
constitution outlines the basic structure of the political system under
which its citizens will be governed.

➢ It establishes the powers of the state's primary organs, delineates their

tasks, and governs their interactions with one another and with the
general public. It is also known as a country's "Fundamental Law," which
represents the faith and aspirations of its citizens.

➢ The Modern State is regarded as a state devoted to the wellbeing of its

citizens. As a result, it is proposed that it have a certain type of
government with suitable authorities and functions.

➢ A Constitution is a document that contains laws and norms that establish

and define the form of government, as well as the relationship between
citizens and the government.

➢ As such, a constitution is concerned with two major issues: the

relationship between the various levels of government and the
relationship between the government and the population.

➢ A constitution is a state's core foundational legislation. It establishes the

State's objectives, which must be met.

➢ It also establishes the constitutional framework, which includes numerous

institutions and organs of government at various levels.

➢ Furthermore, it outlines citizens' rights and responsibilities. As a result, it

is regarded as the foundation for the country's government, both in terms
of aims and objectives, as well as its structures and functions.

The Constituent Assembly

➢ The Constituent Assembly drafted India's Constitution. The Assembly

was established in 1946.
 ➢ Members of the Constituent Assembly were chosen indirectly by
members of the existing Provincial Assemblies.

➢ There were other members nominated by the rulers of the Princely States.
With India's independence, the Constituent Assembly was elevated to the
status of a fully sovereign legislature.

➢ Following the country's division in 1947, the Constituent Assembly had

299 members as of December 31, 1947.

➢ The provincial assemblies elected 229 of these members, while the

princely state rulers nominated the remainder.

➢ The Congress party controlled the majority of the seats in the Constituent
Assembly. The Assembly included all of the most important leaders of
the independence movement.

Framing of the Constitution

1. Under the Cabinet Mission Plan of 1946, a constituent Assembly was formed
to draught the Indian Constitution.

2. There were 389 members in the Assembly, who represented provinces (292),
states (93), Chief Commissioner Provinces (3), and Baluchistan (l)

3. On December 9, 1946, the Assembly had its inaugural meeting, electing Dr.
Sachhidannand Sinha, the Assembly's oldest member, as Provisional President.

4. The Assembly elected Dr. Rajendra Prasad as its permanent Chairman on

December 11, 1946.

5. Following the split of the country, the Muslim league members withdrew,
reducing the Assembly's membership to 299 (229 representing provinces and 70
representing states).

6. For the purpose of drafting the constitution, the Constituent Assembly

established 13 committees. A seven-member committee was formed to develop
the constitution based on the reports of these committees. Dr. B.R. Ambedkar is
the Chairman of the Drafting Committee.

7. In January 1948, the proposed constitution was presented, and citizens were
allowed eight months to discuss it and propose revisions. The text was finally
adopted on November 26, 1949, and signed by the President of the Assembly
after it was discussed by the public, the press, the provincial assemblies, and the
constituent Assembly in light of the proposals received.

8. While the majority of the constitution took effect on January 26, 1950, the
articles dealing to citizenship elections, the provisional parliament, and interim
and transitional measures took effect immediately, on November 26, 1949.

9. The constitution of India was not are original document. The framers of the
constitution freely borrowed the good features of the Constitutions.

10. However, while adopting these qualities, they made required alterations to
ensure that they were suitable for Indian settings and that their flaws were
avoided.

11. The constitutions which exercised profound influence on the Indian

Constitution were that of UK, USA, Ireland, Canada etc.
a) The British Constitution provided the basis for the government's
Parliamentary system, rule of law, legislative procedure, and single citizenship.

b) The United States Constitution's principles of judicial independence, judicial

review, fundamental rights, and rules for the removal of Supreme Court and
High Court judges were approved.

c) Canada's federal system, which includes a strong central authority, was

adopted.

d) The Directive Principles of Slate Policy were adapted from the Republic of
Ireland's constitution.

e) The concept of a concurrent list was inspired by the Austrian Constitution.

f) The Weimar constitution affected the rules pertaining to emergencies.

g) The Government of India Act of 1935, in particular, influenced the Indian

Constitution significantly. This legislation gave birth to the federal government,
governorships, and federal judiciary.

h) In short, the Indian constitution incorporated the best features of several

existing constitutions.

Objectives of the Constitution of India

The constitution's goals were articulated in a resolution proposed by Pt.
Jawaharlal Nehru and approved by the constituent Assembly on January 22,
1947. The resolution's major principles were as follows:

i. Declare India to be an independent sovereign republic.

ii. To create a democratic Union in which all constituent parts have equal self-
government.

iii. The people give the union government and the governments of the
constituent parts all of their power and authority.

iv. To provide assurance and security to all Indians. Social, economic, and
political justice are all important.
- equality of status, opportunity, and legal standing.
- the freedom of thinking, expression, religion, faith, worship, affiliation, and
action.

v. Adequate protection for minorities in backward and tribal areas, as well as

the poor and other backward groups.

vi. To uphold the Republic's territorial integrity and sovereign rights on land,
sea, and air in accordance with international law and justice.

vii. Assert India's proper and honoured position in the globe.

viii. To contribute to the advancement of international peace and human

wellbeing. These goals are enshrined in the Constitution's Preamble.

The salient features of the Constitution of India can be discussed as follows:

(1) Written and Detailed Constitution:

The Constitution is a fully written text that contains all of India's constitutional
law. The Constitution took the Assembly 2 years, 11 months, and 18 days to
write and enact. There are 395 articles grouped into 22 parts, 12 schedules, and
94 constitutional amendments in total.

(2) Preamble of the Constitution:

The Preamble to the Indian Constitution is a well-written document that
explains the constitution's concept. It defines India a Sovereign Socialist Secular
Democratic Republic and a welfare state dedicated to ensuring justice, liberty,
and equality for all citizens, as well as encouraging fraternity, individual
dignity, and national unity and integrity.

(3) India is a Democratic Socialist State:

By abolishing all types of exploitation and ensuring equal distribution of
income, resources, and wealth, India is committed to ensuring social, economic,
and political justice for its whole population. Peaceful, constitutional, and
democratic means will be used to achieve this.
(4) India is a Union of States:
Article I of the Constitution declares, that “India that is Bharat is a Union of
States.” The term ‘Union of State’ shows two important facts:
• That Indian Union is not the result of voluntary agreement among sovereign
states, and
• Those states of India do not enjoy the right to secede from the Union. Indian
Union has now 28 States and 7 Union Territories.

(5) National Human Rights Commission (NHRC) and State Human Rights
Commission and Protection of Human Rights:
The Protection of Human Rights Act of 1993 was passed by the Union
Parliament in order to preserve all people's human rights. India is firmly
dedicated to safeguarding the human rights of all people everywhere.

(6) Fundamental Duties of the Citizens:

In its Part IVA (Article 51 A) the Constitution describes the following
Fundamental Duties of a citizen:
• Respect for the Constitution, the national flag and the national anthem;

• Cherish the noble ideals of the freedom struggle;

• Uphold and protect the sovereignty, unity and integrity of India;

• Defend the country and render national service when called;

• Promote the common brotherhood of all the people of India and renounce any
practice derogatory to the dignity of women;

• Preserve the rich heritage of the nation’s composite culture;

• Project the natural environment and have compassion for living creatures;
• Develop scientific temper, humanism and spirit of inquiry and reform;

• Safeguard public property and abjure violence; and

• Strive for excellence in all individual and collective activity.

• Duty of the parents to send their children to schools for getting education.

• The Fundamental Duties are, however, not enforceable by the courts.

(7) Directive Principles of State Policy:

One of the most notable parts of the Indian Constitution is Part IV, which deals
with the "Directive Principles of State Policy." The Directive Principles are
guidelines for the state to follow in order to achieve socioeconomic
development goals through its policies. Part IV aims to secure and develop
India's socioeconomic democracy.

(8) Bi-Cameral Union Parliament:

At the Union level, the Constitution establishes a Bicameral Legislature known
as the Union Parliament. The Lok Sabha and the Rajya Sabha are the two
Houses of Parliament. The Lok Sabha is the Parliament's lower house, which is
directly chosen by the people. It is a symbol of the Indian people. The Rajya
Sabha is Parliament's upper and indirectly elected second house. It depicts the
Indian union's states. The Lok Sabha is the more powerful of the two houses of
Parliament.

(9) Parliamentary System:

The Indian Constitution establishes a parliamentary system of governance at the
national level as well as in each of the country's states. The President of India is
the nominally-elected constitutional head of state. Members of the Union
Parliament are known as ministers.

(10) Single integrated State with Single Citizenship:

India is the only sovereign and independent country in the world. It currently
consists of 28 states and seven union territories. Citizenship is granted to all
citizens in a uniform manner. They are entitled to the same rights and freedoms
as everyone else, as well as the same level of state protection.”

(11) Independence of Judiciary:

The Indian Constitution makes judiciary truly independent. It is clear from the
following facts:
• Judges are appointed by the President,
• Only people with strong legal qualifications and experience are appointed as
judges, and

• Supreme Court judges can only be dismissed after an exceedingly arduous

procedure.

• Judges salaries are extremely high, and

• The Supreme Court employs its own staff. The Indian judiciary is self-
contained in terms of structure and status. It functions as a powerful and
independent judiciary.

(12) Judicial Review:

The Constitution is the highest legal authority in the country. The Supreme
Court serves as the Constitution's protector and interpretation. It is also the
defender of the people's Fundamental Rights. It uses the authority of judicial
review to do this. The Supreme Court uses it to determine the constitutionality
of all laws passed by legislatures. It has the power to overturn any law that is
judged to be unconstitutional.
REFERENCES

1. The Constitution of India” by P.M. Bakshi

2. “Introduction to the Constitution of India” by Dr. D.D. Basu
3. Indian Constitutional Law by M.P. Jain
4. “Constitution of India” by J.N. Pandey
5. “Introduction to the Constitution of India” by Dr. D.D. Basu
6. “Indian Constitution” by Jijo Mathew
7. “The Constitution of India” by P.M. Bakshi
8. “Constitution of India” : Wikipedia
9. IJRAR2001856 International Journal of Research and Analytical