CONSTITUTION OF INDIA

Indian Constitution―An Introduction

 The Constitution defines and determines the relation between:
(i) Various institutions and the areas of government;
(ii) Executive, the legislative and the judiciary;
(iii) Central government, State governments and the local governments;
(iv) People and the government;
(v) Political, social and economic issues. India has the longest
Constitution of the world.
 Indian Constitution is complex document and not to be constructed as mere
law, but as the machinery by which laws are made.
 It provides for the democratic function of the Government of India. Our Constitution is a written
Constitution. It was adopted on 26th November, 1949 and came into force on 26th January, 1950.
 It has XXII (22) Parts with 395 Articles. Out of these Articles, many contain number of exceptions and
limitations and it is added with 12 Schedules.
 Upto September, 2006 it has gone through 92 amendments.
 In our Constitution the federal system has been discussed in detail. It
prescribes the Constitution for the Union and the State Governments
along with clear-cut and well defined division of power of Union and
State Government and jurisdiction and powers of Union and State
Governments.
 The Chapters like legislative relations, administrative relations,
financial relations and inter-state trade and commerce discuss the
detailed and elaborate approach to these issues. Members of the Constituent Assembly

Making of Indian Constitution

Constituent Assembly Membership
Sessions of the Constituent Assembly
 Composition of Constituent Assembly The first
meeting of the Constituent Assembly was held in First Session: 9-23 Dec, 1946
New Delhi on December 9, 1946 in the Second Session: 20-25 Jan, 1947
Constitution Hall which is now popular as the Third Session: 28 Apr―2 May, 1947
Central Hall of Parliament House. Fourth Session: 14-31 Jul, 1947
 The members of the Constituent Assembly were
chosen through indirect election by the members Fifth Session: 14-30 Aug, 1947
of the Provincial Legislative Assemblies, as per Sixth Session: 27 Jan, 1948
the scheme suggested by the Cabinet Mission. Seventh Session: 4 Nov,1948 - 8 Jan, 1949
―The Constituent Assembly had 389 members, Eighth Session: 16 May - 16 Jun, 1949
of which 292 were chosen by the elected
Ninth Session: 30 Jul - 18 Sep, 1949
members of the provincial Legislative
Assemblies while 93 members were nominated Tenth Session: 6-17 Oct, 1949
by the Princely States. Eleventh Session: 14-26 Nov, 1949
―A representative each from the four chief The Assembly met once again on 24 Jan, 1950, when the
Commissioners provinces of Delhi, Ajmer- members appended
Marwar, Coorg and British Baluchistan were
also to be inducted into the Assembly.
―Each Province and each Indian state or Group of States were allotted seats proportional to their respective
population approximately in the ratio of one to a million.
―Seats allocated to each British Province were to be decided amongst the three principal communities -
Muslims, Sikhs and General in proportion to their population.
 The Elections to the Constituent Assembly were held in July-August 1946 with following results:
―Indian National Congress: 208 Seats ―Muslim League: 73 Seats
―Small Group & Independents: 15 Seats
―Princely States: The seats were not filled as they decided not to participate in the
Constituent Assembly.
 Interesting Point The Assembly included all the important personalities of
India excluding Mahatma Gandhi and M.A. Jinnah. The Constituent Assembly
was convened to meet on 14th August 1947 and became the Sovereign

Dr. B R Ambedkar
 Constituent Assembly for the Dominion of India. Though the Muslim League had joined the Interim
Government, it refrained from sending its representatives to the Constituent Assembly.
 It took two years, eleven months and seventeen days to be precise to complete the historic task of drafting
the Constitution for Independent India. During this period, the Assembly worked in eleven sessions
covering 165 days. 114 days were spent on the consideration of the Draft Constitution.
 The Constituent Assembly composed of:
―292 members were elected through the Provincial Legislative Assemblies;
―93 members represented the Indian Princely States; and
―4 members represented the Chief Commissioners' Provinces.
 Thus, the total number of members was to be 389. However, the partition under the Mountbatten Plan, a
separate Constituent Assembly was set up for Pakistan on 3 June, 1947. As a result of this, the membership
of the Assembly was reduced to 299.

Important Committees of the Constituent Assembly and Their Chairmen

Name of the Committee Chairman
Committee on the Rules of Procedure Rajendra Prasad
Steering Committee Rajendra Prasad
Finance and Staff Committee Rajendra Prasad
Credential Committee Alladi Krishnaswami
Ayyar
House Committee B. Pattabhi Sitaramayya
Order of Business Committee K.M. Munsi
Ad hoc Committee on the National Flag Rajendra Prasad
Committee on the Functions of the Constituent Assembly G.V. Mavalankar
States Committee Jawaharlal Nehru
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas Vallabhbhai Patel
Fundamental Rights Sub-Committee J.B. Kripalani
North-East Frontier Tribal Areas and Assam Exluded & Partially Excluded Areas Sub- Gopinath Bardoloi
Committee
Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee A.V. Thakkar
Union Powers Committee Jawaharlal Nehru
Union Constitution Committee Jawaharlal Nehru
Drafting Committee B.R. Ambedkar

Objective Resolution
 The Objectives Resolution was moved by Pandit Jawaharlal Nehru on 13
December, 1946.
1. This Constituent Assembly declares its firm and solemn resolve to proclaim
India as an Independent Sovereign Republic and to draw up for her future
governance a Constitution;
2. WHEREIN the territories that now comprise British India, the territories that
now form the Indian States, and such other parts of India as are outside
British India and the States as well as such other territories as are willing to
be constituted into the Independent Sovereign India, shall be a Union of them
all; and
3. WHEREIN the said territories, whether with their present boundaries or with Pt. Jawaharlal Nehru
such others as may be determined by the Constituent Assembly and thereafter according to the law of the
Constitution, shall possess and retain the status of autonomous Units, together with residuary powers and
exercise all powers and functions of government and administration, save and except such powers and
functions as are vested in or assigned to the Union, or as are inherent or implied in the Union or resulting
4. WHEREIN all power and authority of the Sovereign Independent India, its constituent parts and organs
of government, are derived from the people; and
5. WHEREIN shall be guaranteed and secured to all the people of India justice, social economic and
political: equality of status, of opportunity, and before the law; freedom of thought, expression, belief,
faith, worship, vocation, association and action, subject to law and public morality; and
 6.
WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and
depressed and other backward classes; and
7. WHEREBY shall be maintained the integrity of the territory of the Republic and its Sovereign rights on
land, sea, and air according to justice and the law of civilized nations; and
8. This ancient land attains its rightful and honoured placed in the world and make its full and willing
contribution to the promotion of world peace and the welfare of mankind.
 On 22 January 1947 the Constituent Assembly unanimously adopted this Resolution. In the evening of 14
August, 1947, the members assembled in the Constitution Hall and at the stroke of midnight, the Assembly
took over as the Legislative Assembly of an Independent India.
 While pondering over the draft Constitution, the Assembly moved, discussed and disposed of as many as
2,473 amendments out of a total of 7,635 tabled.
 The nation adopted its Constitution on 26 November, 1949 and the members put their signatures to it on 24
January, 1950. In all, 284 members actually signed the Constitution.
 The Constitution came into force on 2 6 January, 1950 and with it the Assembly ceased to exist.

Sources of Indian Constitution

Regulating Act of 1773
 It was the first step taken by the British Parliament to control and regulate the
affairs of the East India Company in India.
 It designated the Governor of Bengal (Fort William) as the Governor-General
(of Bengal).
 Warren Hastings became the first Governor-General of Bengal.
 Executive Council of the Governor-General was established (Four members).
There was no separate legislative council.
 It subordinated the Governors of Bombay and Madras to the Governor-General
of Bengal.
 The Supreme Court was established at Fort William (Calcutta) as the Apex Warren Hastings
Court in 1774.
 It prohibited servants of the company from engaging in any private trade or accepting bribes from the
natives.
 Court of Directors (the governing body of the company) should report its revenue.
Pitt’s India Act of 1784
 The Act distinguished between commercial and political functions of the company.
 Court of Directors for Commercial functions and Board of Control for political affairs.
 Reduced the strength of the Governor General’s council to three members.
 Brought the Indian affairs under the direct control of the British Government.
 The company’s territories in India were now called “the British possession in India”.
 Governor’s councils were established in Madras and Bombay.
Charter Act of 1813
 The Company’s monopoly over Indian trade was terminated; Trade with India was opened to all British
subjects.
Charter Act of 1833
 Governor-General (of Bengal) was designated as the Governor-General of
India. Lord William Bentick became the first Governor-General of India.
 This was the last step towards centralization in the British India.
 Beginning of a Central legislature for India as the act also dismissed legislative
powers of Bombay and Madras provinces.
 The Act ended the activities of the East India Company as a commercial body
and it became a purely administrative body.
William Bentick
Charter Act of 1853
 The legislative and executive functions of the Governor-General’s Council were separated.
 6 members in Central legislative council out of which members were appointed by the provisional
governments of Madras, Bombay, Bengal and Agra.
 It initiated a system of open competition as the basis for the recruitment of civil servants of the Company
(Indian Civil Service opened for all).
Government of India Act of 1858
 The Crown took over the rule in India from the Company. The powers of the British Crown were to
be exercised by the Secretary of State for India.
 He was assisted by the Council of India, consisting of 15 members. He was
given complete authority and control over the Indian administration through the
Viceroy as his agent
 The Governor-General was designated as the Viceroy of India. Lord Canning
was the first Viceroy of India. Abolished Board of Control and Court of
Directors.
Indian Councils Act of 1861
 It introduced Indian representation in Viceroy’s executive and legislative
council (non-official). Three Indians entered Legislative council.
 Legislative councils were created in Centre and provinces.
 It made provision that the Viceroy’s Executive Council should have some Lord John Canning
Indians as the non-official members while transacting the legislative businesses.
 It gave statutory recognition to the portfolio system.
 It started the process of decentralisation by re-instating the legislative powers to the Bombay and the
Madras Provinces.
India Council Act of 1892
 It introduced indirect elections (nomination). It expanded the size of the legislative councils.
 It expanded the functions of the Legislative Councils and gave them the power of discussing the Budget and
addressing questions to the Executive.
Indian Councils Act of 1909
 This Act is also called the Morley- Minto Reforms. By introducing direct
elections to legislative councils, it was the first attempt at introducing a
representative and popular element. It renamed the Central Legislative Council
as the Imperial Legislative Council.
 The member of Central Legislative Council was increased to 60 from 16.
 It Introduced a system of communal representation for Muslims by accepting
the concept of ‘separate electorate’. Indians got entry for the first time in the
Viceroys executive council. (Satyendra Prasad Sinha, as the law member)
Satyendra Prasad Sinha
Government of India Act of 1919
 This Act is also known as the Montague-Chelmsford Reforms. It separated the Central subjects from those
of the Provincial subjects.
 The scheme of dual governance, ‘Dyarchy’, was introduced in the Provincial subjects. The dyarchy system
divided the provincial subjects into two parts – transferred and reserved. On reserved subjects, Governor
was not responsible to the Legislative council.
 The Act introduced, for the first time, bicameralism at centre. Legislative Assembly had140 members
and Legislative council had 60 members.
 It introduced direct elections. The Act also required that the three of the six members of the Viceroy’s
Executive Council (other than Commander-in-Chief) were to be Indians.
 It provided for the establishment of Public Service Commission.
Government of India Act of 1935
 The Act made provision for the creation of an All-India Federation consisting of the Provinces and the
Princely States as units, though the envisaged federation never came into being.
 The Act divided the powers between the Centre and the units into items of three lists, namely the Federal
List, the Provincial List and the Concurrent List.
 The Federal List for the Centre consisted of 59 items, the Provincial List for the provinces consisted of 54
items and the Concurrent List for both consisted of 36 items.
 The residuary powers were vested with the Governor-General.The Act dismissed the Dyarchy in the
Provinces and introduced ‘Provincial Autonomy’. It provided for the adoption of Dyarchy at the Centre.
 It introduced bicameralism in 6 out of 11 Provinces (Assam, Bengal, Bombay, Bihar, Madras and the
United Province). It provided for the establishment of Federal Court. It abolished the Council of India.
Indian Independence Act of 1947

 It declared India as an Independent and Sovereign State. It established responsible Governments at both the
Centre and the Provinces. It designated the Viceroy India and the provincial Governors as the
Constitutional (normal heads).
 It assigned dual functions (Constituent and Legislative) to the Constituent Assembly and declared this
dominion legislature as a sovereign body.
Points to be noted
 Laws made before Charter Act of 1833 were called Regulations and those made
after are called Acts. Lord Warren Hastings established the office of District Collector
in 1772, but judicial powers were separated from District collector later by Cornwallis.
 From the powerful authorities of unchecked executives, the Indian administration
developed into a responsible government answerable to the legislature and people.
 Lord Mayo’s resolution on financial decentralization visualize d the development of
local self-government institutions in India (1870). Lord Mayo
 1882: Lord Ripon’s resolution was hailed as the ‘Magna Carta’ of local self-
government. He is regarded as the ‘Father of local self-government in India’.
 1921: Railway Budget was separated from the General Budget.
 From 1773 to 1858, the British tried for the centralization of power. It was from the
1861 Councils act they shifted towards devolution of power with provinces.
 1833 Charter act was the most important act before the act of 1909.
 Till 1947, the Government of India functioned under the provisions of the 1919 Act only.
The provisions of 1935 Act relating to Federation and Dyarchy were never implemented.
 The Executive Council provided by the 1919 Act continued to advise the
Viceroy till 1947. The modern executive (Council of Ministers) owes its legacy to the Lord Ripon
executive council.
 The Legislative Council and Assembly developed into Rajya Sabha and Lok Sabha after independence.

Constitutions of other Countries

Britain  Vesting of residuary powers in the Centre
 Parliamentary government  Appointment of state governors by the Centre
 Rule of Law  Advisory jurisdiction of the Supreme Court
 Legislative procedure Australia
 Single citizenship  Concurrent List
 Cabinet system  Freedom of trade
 Prerogative writs  Commerce and intercourse
 Parliamentary privileges  Joint sitting of the two Houses of Parliament
 Bicameralism Soviet Constitution (USSR, now Russia)
Ireland  Fundamental duties
 1. Directive Principles of State Policy  The ideal of justice (social, economic and
 2. Nomination of members to Rajya Sabha political) in the Preamble
 3. Method of election of president France
Unites States of America  The ideals of Republic in the Preamble
 Impeachment of the president  The ideals of liberty in the Preamble
 Functions of president and vice-president  The ideals of equality in the Preamble
 Removal of Supreme Court and High court  The ideals of fraternity in the Preamble
judges Germany
 Fundamental Rights  Suspension of Fundamental Rights during
 Judicial review Emergency
 Independence of judiciary South African Constitution
 Preamble of the constitution  Procedure for amendment of the Constitution
 Writs and their Scope |Parliamentary System in  Election of members of Rajya Sabha
India Japan
Canada  Concept of “procedure established by Law”
 Federation with a strong Centre
IMPORTANT PARTS OF THE INDIAN CONSTITUTION
PARTS SUBJECTS ARTICLES
I The Union and its territory 1-4
II Citizenship 5-11
III Fundamental Rights 12-35
IV Directive Principles of State Policy 36-51
IV A Fundamental Duties 51-A
V THE UNION
The Executive 52-78
Parliament 79-122
Legislative Powers of the President 123
The Union Judiciary 124-147
Comptroller and Auditor- General of India 148-151
VI THE STATES
General (Definition) 152
The Executive 153-167
The State Legislature 168-212
Legislative Powers of the Governor 213
The High Courts in the States 214-231
Subordinate Courts 233-237
VIII The Union Territories 239-241
IX The Panchayats 243 to 243-0
IX-A The Municipalities 243-P to 243-ZG
IX-B The Co-Operative Societies 243-ZH to 243-ZT
X The Scheduled and Tribal Areas 244 to 244-A
XI RELATIONS BETWEEN THE UNION AND THE STATES
Legislative Relations 245-255
Administrative Relations 256-263
XII FINANCE, PROPERTY, CONTRACTS AND SUITS
Finance 264-290
Borrowing 292-293
Property, Contracts, Rights, Liabilities, Obligations and Suits 294-300
Right to Property 300-A
XIII Trade, Commerce and Intercourse within the territory of India 301-307
XIV SERVICES UNDER THE UNION AND THE STATES
Services 308-314
Public Service Commissions 315-323
XIV―A Tribunals 323-A to 323-B
XV Elections 324 to 329
XVI Special Provisions Relating to Certain Classes 330-342
XVII OFFICIAL LANGUAGE
Language of the Union 343-344
Regional Languages 345- 347
Languages of the Supreme Court, High Courts, etc. 348- 349
Special Directives 350- 351
XVIII Emergency Provisions 352-360
XIX Miscellaneous 361-367
XX Amendment of the Constitution 368
XXI Temporary, Transitional and Special Provisions 369-392
XXII Short Title, Commencement, Authoritative Text in Hindi and 393-395
 Repeals
The Preamble
 The Preamble is the basic structure of the
Constitution. The Preamble says that people are the
ultimate authority and the Constitution emerges from
them.
 If fact the Preamble contains with the declaration that
“to secure to all citizen’s justice, social, economic
and political, liberty of thought, expression, belief,
faith and worship – equality of status and of
opportunity”.
 The Preamble emphasizes the unity of Nation and it
proceeds further to define the objectives of the Indian
Republic.
 The Preamble has been amended once in 1976. The
Preamble contains a specified objective that is the
basic structure.
 The Preamble may be invoked to determine the ambit of the fundamental rights, and directive principles of
State Policy. It is the soul of the Constitution and as such is the precious part of the Constitution. Preamble
says that the Constitution was adopted on 26th November, 1949 which is observed as the Law Day though
it came into force from 26th January, 1950.

Union of India
 Article 1 of the Constitution states India, that is Bharat and it shall be Union of States. At present India is
the union of 28 States and 8 Union Territories.
 The name of States and the names of Union Territories are specified in Schedule I to the Constitution. The
latest three new States i.e. Uttaranchal, Jharkhand and Chhattisgarh were formed in the year 2000.
Telangana was formed in 2014. The state of Jammu and Kashmir was bifurcated and two Union Territories
of Jammu and Kashmir and Ladakh were carved in 2019. The Union Territories of Daman and Diu and
Dadra and Nagar Haveli were merged to make a single UT on 26 January 2021.
 The territory of India comprises the territories of States, Union Territories and other territories which can be
acquired from time to time. After all, the Union of India is a federal union, with distribution of powers.
 The judiciary is the interpreter of Constitution and other laws. Though there is controversy whether India is
or is not a federation some writers have called it ‘quasi-federal’ it would seem that, essentially Constitution
is a federal one.

Articles of Constitution of India

Article 1-4: deals with the territory of India, formation of new states, alterations, names of existing
states.
 Name and territory of the union.
 Admission and Establishment of the new state.
 Formation of new states and alteration of areas, boundaries, and name of existing states.
Article 5-11: deals with various rights of citizenship.
 Citizenship at the commencement of the constitution.
 Rights of citizenship of certain person who have migrated to India from Pakistan.
 Continuance of rights of citizenship.
 Parliament to regulate the right of citizenship by law.
Article 12-35: deals with fundamental rights of Indian Citizen Abolition of untouchability and
titles.
 Definition of the state
 Article 13 Laws inconsistent with or in derogation of the fundamental rights.
 Right to Equality: Art. 14 to Art. 18
 Right to Freedom: Art. 19 to Art. 22
 Right against Exploitation: Art.23 & Art. 24
 Right to Freedom of Religion: Art.25 to Art. 28
 Cultural and Educational Rights: Art.29 & Art. 30
 Originally, constitution provided for 7 basic fundamental rights, now there is only six rights, one Right to
property U/A 31 was deleted from the list of fundamental rights by 44th amendment act 1978. It made a
legal right U/A 300-A in Part XII of the constitution.
Articles 36-51: deals with Directive Principles of State Policy.
 Article 36- Definition
 Article 37- Application of DPSP
 Article 39A- Equal justice and free legal aid
 Article 40- Organisation of village panchayat
 Article 41- Right to work, to education, and to public assistance in certain cases
 Article 43- Living Wages, etc. for Workers.
 Article 43A- Participation of workers in management of industries.
 Article 44- Uniform Civil Code (applicable in Goa only)
 Article 45- Provision for free and compulsory education for children.
 Article 46- Promotion of educational and economic interest of SCs, STs and OBC.
 Article 47-Duty of the state to raise level of nutrition and the standard of living and to improve public
health.
 Article 48-Organisation of agriculture and animal husbandry.
 Article 49- Protection of monuments and places and objects of natural importance.
 Article 50- Separation of judiciary from executive.
 Article 51- Promotion of international peace and security.
Articles 51A: this part was added by 42nnd Amendment in 1976, which contains the fundamental
duties of the citizens.
 It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.
Articles 52-151: deals with government at the centre level.
 Article 52- The President of India
 Article 53- Executive Power of the union.
 Article 54- Election of President
 Article 61- Procedure for Impeachment of the President.
 Article 63- The Vice-president of India.
 Article 64- The Vice-President to be ex-officio chairman the council of States.
 Article 66-Election of Vice-president.
 Article 72-Pardoning powers of President.
 Article 74- Council of minister to aid and advice President.
 Article 76- Attorney-General for India.
 Article 79- Constitution of Parliament
 Article 80- Composition of Rajya Sabha.
 Article 81- Composition of Lok Sabha.
 Article 83- Duration of Houses of Parliament.
 Article 93- The speakers and Deputy speakers of the house of the people.
 Article 105- Powers, Privileges etc. of the House of Parliament.
 Article 109- Special procedure in respects of money bills
 Article 110- Definition of “Money Bills”.
 Article 112- Annual Financial Budget.
 Article 114-Appropriation Bills.
 Article 123- Powers of the President to promulgate Ordinances during recess of parliament.
 Article 124- Establishment of Supreme Court.
 Article 125- Salaries of Judges.
 Article 126- Appointment of acting Chief justice.
 Article 127- Appointment of ad-hoc judges.
 Article 128-Attendance of retired judge at sitting of the Supreme Court.
 Article 129- Supreme court to be court of Record.
 Article 130- Seat of the Supreme court.
 Article 136- Special leaves for appeal to the Supreme Court.
 Article 137- Review of judgement or orders by the Supreme court.
 Article 141-Decision of the Supreme Court binding on all the courts.
 Article 148- Comptroller and Auditor- General of India
 Article 149- Duties and Powers of CAG.
Articles 152-237: deals with government at the state level.
 Article 153- Governors of State
 Article 154- Executive Powers of Governor.
 Article 161- Pardoning powers of the Governor.
 Article 165- Advocate-General of the State.
 Article 213- Power of Governor to promulgate ordinances.
 Article 214- High Courts for states.
 Article 215- High Courts to be court of record.
 Article 226- Power of High Courts to issue certain writs.
 Article 233- Appointment of District judges.
 Article 235- Control over Sub-ordinate Courts.
Article 238: deals with states.
Articles 239-241: deals with Union Territories
Articles 242-243: it consists of two parts: (i) added by 73rd amendment in 1992, which contains a
new schedule.
 It contains 29 subjects related to Panchayati Raj, who have been given administrative powers. (ii) Added by
74th amendment in 1992, which contains a new schedule. It contains 18 subjects relate to municipalities,
who have been given administrative powers.
 Article 243A- Gram Sabha
 Article 243B- Constitution of Panchayats
Articles 244-244A: deals with scheduled and tribal areas.
Articles 245-263: deals with the relationship between union and states.
Articles 264-300A: deals with the distribution of revenue between union and states, appointment
of Finance Commission etc.
 Article 266- Consolidated Fund and Public Accounts Fund
 Article 267- Contingency Fund of India
 Article 280- Finance Commission
 Article 300-A- Right to property.
Article 301-307: deals with the trade, commerce and intercourse within the territory of India.
 Article 301-Freedom to trade, commerce, and intercourse.
 Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.
Article 308-323: deals with UPSC and Public Services Commissions.
 Article 312- All- India-Service.
 Article 315- Public service commissions for the union and for the states
 Article 320- Functions of Public Service Commission.
Article 323A, 323B: Added by 42nd Amendment in 1976. Deals with administrative tribunals set
up by parliament to hear disputes and complaints regarding Union, states or local Government
Employees.
 Article 323A- Administrative Tribunals
Articles 324-329: deals with election.
 Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.
 Article 325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll
on grounds of religion, race, caste, or sex.
 Article 326- Elections to the house of the people and to the legislative assemblies of states to be on the basis
of adult suffrage.
Articles 330-342: deals with special provision for SCs and STs and Anglo-Indian Representatives.
 Article 338- National Commission for the SC, & ST.
 Article 340- Appointment of a commission to investigate the conditions of backward classes.
Articles 343-351: deals with official language of union and states.
 Article 343- Official languages of the Union.
 Article 345- Official languages or languages of a states.
 Article 348- Languages to be used in the Supreme Court and in the High Courts.
 Article 351-Directive for development of the Hindi languages.
Article 352-360: deals with emergency provisions, President’s rule.
 Article 352- Proclamation of emergency (National Emergency).
 Article 356- State Emergency (President’s Rule)
 Article 360- Financial Emergency
Articles 361-367: deals with exemption of criminal proceedings for their official acts of president
and governors.
 Article 361- Protection of President and Governors
Article 368: deals with Amendment of constitution.
 Article 368- Powers of Parliaments to amend the constitution.
Article 369-392: article 370 deals with special status to J&K.
 Article 370 – Special provision of J&K.
 Article 371A – Special provision with respect to the State of Nagaland
 Article 371-J: Special Status for Hyderabad-Karnataka region
Article 371A gives special provisions with respect to state of Nagaland.
Articles 393-395: deals with the short title, commencement and repeal of the constitution.

Important Features of the Indian Constitution

The Bulkiest Constitution of the World
 The Constitution of India is one of the bulkiest constitutions of the world., Originally the constitution had
395 articles and eight schedules but now it consists of 444 articles divided into 22 parts and 12 schedules.
A combination of Rigidity and Flexibility
 Some of the provisions of the Constitution can be amended by the parliament by a simple majority,
however, others require a two-thirds majority of the members of the Parliament as well as a majority of the
members of the Parliament as well as a majority of the members of the Parliament as well as a majority in
the state legislatures.
 Again, some provisions of the Constitution can be amended by the Parliament alone by a two-third majority.
Further flexibility is introduced in the Constitution by the provisions which permit the Parliament to
supplement the provisions of the Constitution by legislation.
Parliamentary System
 The Constitution has made provision for a parliamentary system of government under which the rests with
the council of ministers and the President is only a nominal ruler.
 The council of minister remains in office as long as they enjoy the confidence of the Parliament. The
framers of the constitution decided to adopt
Federal System with a Unitary tilt
 The Constitution provides for a federation with a strong centre. It is notable that the Constitution has not
used the word ‘federation’, anywhere, and has described India as a ‘Union of State’, which implies that the
Indian federation is not the result of any agreement among the units and the units cannot secede from it.
 India possesses most of the federal features but also several unitary features. The federal character acquires
unitary character during an emergency when the normal distribution of powers between the centre and the
states undergoes vital changes.
Fundamental Rights
 The Constitution comprises a detailed list of Fundamental Rights. The state cannot pass laws which infringe
into or abridge any of the fundamental rights of the citizens. If it does so, the judiciary can declare such a
law as unconstitutional. It may be noted that the fundamental rights granted by the Constitution are not
absolute and are subject to certain restrictions. In other words, the Constitution seeks to strike a balance
between individual liberty and social interest.
Fundamental Duties
 The Constitution also has a list of eleven fundamental duties of the citizens. Ten of these duties were added
to the Constitution by the forty-second amendment in 1976, one more duty was added by the 86th
Constitutional Amendment Act 2002.
 These duties serve as constant reminders to the citizens that they have to observe certain basic norms of
democratic conduct.
Directive Principles of State Policy
 The Constitution provides certain Directive Principles of State Policy which govern the government while
formulating any policy.
 These principles provide social and economic basis for democracy and establishment of a welfare state. In
contrast to the Fundamental Rights, the Directive Principles of the State Policy are non-justiciable, which
means that no action can be brought against the state.
 However, in actuality, the government accords due importance to the Directive Principles in the formulation
of policies.
Secular State
 The Constitution makes India a secular state. This implies that there is no state religion and the state is
completely detached from religious ideologies.
 It also implies that citizens are free to profess, practice and propagate any religion. However, freedom of
religion is not absolute and same can be regulated in the interest of the public.
Independent Judiciary
 The Constitution arranges for an independent judiciary which makes sure that the government is carried on
in accordance with the provisions of the Constitution.
 It acts as the guardian of the liberties and fundamental rights of the citizen. It also determines the limit of
the power of the centre and the states.
People as Source of power
 The Constitution draws its authority from the people and has been promulgated in the name of people. This
is evident from the preamble which states ‘We the people of India … do thereby adopt, enact and give
ourselves this Constitution’.
Universal Adult Franchise
 The Constitution introduces universal adult franchise and accord the right to vote to all citizens above 18
years of age without discrimination.
 However, it makes the reservation of seats for Scheduled Caste and Scheduled Tribes to provide them
adequate representation.
Emergency Powers
 The Constitution vests extraordinary powers in the President during emergencies arising out of armed
rebellion or external aggression; emergency due to the breakdown of constitutional machinery in the state;
and, financial emergency when the credit of the country is threatened.
 In fact, during an emergency, the federal Constitution can virtually be converted into a unitary Constitution.
Single Citizenship
 It provides single citizenship. All persons residing in different parts of the country are treated as Indian
citizens and are entitled to the same rights of citizenship. There is no separate citizenship of different states.
Bicameral Legislature
 It provides a bicameral legislature at the centre involving the Lok Sabha and the Rajya Sabha. The former
contains the representative of the people, while the latter contains the representative of the states.
Special Privileges for Minorities
 The constitution makes special provision for minorities, Scheduled Castes, Scheduled Tribes, etc. It can not
only reserve seats for them in the Parliament and the state legislature but also grants them certain special
rights and privileges.
Panchayati Raj
 The Constitution provides the constitutional basis to Panchayati Raj institutions as well as urban local
bodies.
 This was achieved through the seventy-third and seventy-fourth amendments to the Constitution carried out
in December 1992.
Rule of Law
 The concept of ‘rule of law’ was borrowed from Britain. It implies that no man is above the law and all
individuals are subject to the jurisdiction of the ordinary courts. There are basically three postulates of the
Rule of Law.
 No person can be punished except for the breach of an existing law.
 All citizens are equal before the law and no one is above the law.
 The Constitution is the Supreme law of the land and all laws passed by the Parliament must be in keeping
with the provisions of the Constitution.
Strikes Balance between Constitutional Supremacy and Parliamentary Sovereignty
 The Indian Constitution combines two seemingly contradictory principles of supremacy of Constitution (as
obtains in the USA), and Parliament sovereignty (as obtains in Britain).
 The Supreme Court through its provisions. It is one of the one of the most important features of Indian
Constitution.

A Single Integrated Judiciary

 The Constitution provides a single integrated judiciary with the Supreme Court at the top. Below the
Supreme Court here is high Courts at the State level. Under the High Court, there are subordinate courts.
 This system of single courts enforces both the central and state laws.
 This system is at complete variance with the United States where federal laws are enforced by the Federal
Courts, while the state laws are enforced by the state courts.
Provision of Independent Bodies
 Apart from the three traditional organs of government viz. Legislature, Executive, and Judiciary, the Indian
Constitution provides for certain bodies certain bodies which work as bulwarks of the democratic system.
 These include
(i) The Election Commission which ensures free and fair election to Parliament, the state legislature and for the posts of
President and Vice-President.
(ii) Comptroller and Auditor General of India which audits the accounts of central and state governments and acts as the
guardian of public money.
(iii) Public Service Commission both at the center and state level. They conduct examinations for recruitment of They
conduct examinations for recruitment of civil services at the center and state. They also advise President and Governor
on disciplinary matters. The Constitution has sought to ensure the independence of the above bodies by assuring the
above officials the security of tenure; and by charging their expenses on the Consolidated Fund of India and the state.

INDIAN CITIZENSHIP
 Under the Constitution, there is only one domicile i.e., domicile of the
country and there is no separate domicile for a State. In the popular
meaning of domicile, it means a person must be having permanent
home at any place in India.
 The Part II also deals with rights of citizenship of certain persons who
have migrated to India from Pakistan, right Indian origin residing
outside India, persons voluntarily acquiring citizenship of a foreign
State are not citizens and continuance of the rights of citizenship.
 Persons of Indian origin who voluntarily acquire citizenship of a foreign State are no longer citizens of
India. This part has given the Parliament of India to regulate the right of citizenship by law.
 The Citizenship Act of 1955 regulates the provisions for the citizenship. Central Government has exclusive
jurisdiction to determine the question of citizenship of a person.
 The court has no power in this subject. In 2003, the Central citizenship of People of Indian Origin in 16
specified countries. The Citizenship Act of 1955 says about the acquisition and termination of citizenship.
 The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 December 2019. It
amended the Citizenship Act, 1955 by providing a pathway to Indian citizenship for persecuted religious
minorities
from Afghanistan, Bangladesh and Pakistan whoare Hindus, Sikhs, Buddhists, Jains, Parsis or Christians,
and arrived in India before the end of December 2014. The law does not grant such eligibility
to Muslims from those countries, all of which are Muslim-majority countries. The act was the first time that
religion had been overtly used as a criterion for citizenship under Indian law.

DIRECTIVE PRINCIPLE OF STATE POLICY

 There is a separate list of guidelines, called the Directive Principle of State Policy (DPSP), that have been
incorporated in the Constitution.
 DPSP were not made legally enforceable, or ‘non-justiciable’ i.e., parts of the Constitution that cannot be
enforced by the judiciary.
 Fundamental Rights (FRs) and DPSPs as complementary to each other. FRs restrain the government from
doing certain things while DPSPs exhort the government to do certain things.
 FRs mainly protect the rights of individuals while directive principles ensure the well-being of the entire
society. However, at times, when government intends to implement DPSP, it can come in conflict with the
FRs of the citizen.
 Articles 36 to 51 deals with Directive Principles of State Policy. These Principles are as follows:
―Article 36 defines the State.
―Article 37 provides that provision of the directive principles shall not be enforceable by any court.
―Article 38 provides that State shall secure social order from promotion of welfare of the people.
―Article 39 states that State shall regulate ownership and control of the means of production and distribution, prevent
concentration of wealth and income, ensure their more equitable distribution and enact laws to protect the interests of
the workers.
―Article 40 provides for organisation of village Panchayats.
―Article 41 provides for right to work, right to education and right to public assistance in cases of unemployment, old
age, sickness and disablement, etc.
―Article 42 provides for just and humane conditions of work and maternity relief.
―Article 43 provides for living wage, conditions or work ensuring the decent standard of life and full enjoyment of
leisure, social and culture, opportunities for all workers, agricultural, industrial or otherwise and provision for the
promotion of cottage industries in rural areas.
―Article 43A provides for participation of workers in management of industries.
―Article 44 makes the provision for uniform civil code for the citizens.
―Article 45 makes the provision for free and compulsory education to children below the age of 14 years.
―Article 46 makes the provision for the promotion of educational and economic interest of Schedules Castes,
Schedules Tribes and other weaker sections.
―Article 47 states about the duty of State to raise the level of nutrition and the standard of living and to improve public
health.
―Article 48 provides for organization of agriculture and animal husbandry.
―Article 48A provides for protection and improvement of environment and safeguarding of forests and wild life.
―Article 49 makes the provision for protection of monuments and places and objects of national importance.
―Article 50 provides for separation of judiciary from executive.
―Article 51 provides for promotion of international peace and security.

FUNDAMENTAL RIGTHS IN THE INDIAN CONSTITUTION

Part III (Article 12 to Article 35) of Constitution of India
 A democracy must ensure that individuals have certain rights and that the government will always
recognise these rights. Therefore, it is often a practice in most democratic countries to list the rights of the
citizens in the constitution itself.
 The fundamental rights always remain controversial till date. The fundamental rights are basics and basic
freedoms guaranteed to the individual.
 Articles 12 to 35 deal with the fundamental rights. There are six fundamental rights excluding right to basic
education. The fundamental rights are freedoms guaranteed but these freedoms are not absolute, but are
justiciable.
 Justiciable here means judicially enforceable. The fundamental rights are different from legal rights. The
legal rights are protected and enforced by ordinary law, on the contrary fundamental right is protected and
guaranteed by the Constitution.
 Constitution 86th amendment in the year 2002, inserted Article 21 A for the right to education. Generally, it
falls under the right to freedom.
 These fundamental rights are:
(i) Right to equality (Article 14 to 18);
(ii) Right to freedom (Article 19 to 22);
(iii) Right against exploitation (Articles 23 to 24);
(iv) Right to freedom of religion (Article 25 to 28);
(v) Right to cultural and education rights (Articles 29 to 30);
(vi) Right to constitutional remedies (Article 32).
 Before 44th Amendment in 1978 the right to property was a Fundamental right under Article 31, but now it
is the legal and Constitutional right under Article 300A.

A Quick-look at the FRs

―Abolition of Untouchability
 Right to Equality
―Abolition of titles
―Equality before law
 Right to Freedom
~ equal protection of laws
―Prohibition of discrimination on grounds of ―Protection of Right to
religion, race, caste, sex or place of birth ~ freedom of speech and expression;
~ equal access to shops, hotels, wells, tanks, bathing ghats, ~ assemble peacefully;
roads etc. ~ form associations/unions;
―Equality of opportunity in public employment ~ move freely throughout the territory of India;
~ reside and settle in any part of India;
~practise any profession, or to carry on any occupation,
trade or business.
―Protection in respect of conviction for offences
~Right to life and personal liberty
~Right to education
~Protection against arrest/detention in certain cases
 Right against Exploitation
―Prohibition of traffic in human beings/forced
labour
―Prohibition of employment of children in
hazardous jobs
 Right to Freedom of Religion
―Freedom of conscience and free profession,
practice and propagation of religion
―Freedom to manage religious affairs
―Freedom to pay taxes for promotion of any
particular religion
―Freedom to attend religious instruction or worship
in certain educational institutions
 Right to Cultural and Educational Rights
―Protection of language, culture of minorities
―Right of minorities to establish educational
institutions
 Right to Constitutional Remedies
―Right to move the courts to issue
directions/orders/writs for enforcement of rights

 Constitutional Remedies are the ‘heart and soul of the constitution’. It is so because this right gives a
citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights
restored in case of their violation. The Supreme Court and the High Courts can issue orders and give
directives to the government for the enforcement of rights.
 The courts can issue various special orders known as writs.
―Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person should be
presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not
lawful or satisfactory.
―Mandamus: This writ is issued when the court finds that a particular office holder is not doing legal duty
and thereby is infringing on the right of an individual.
―Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has
considered a case going beyond its jurisdiction.
―Quo Warranto: If the court finds that a person is holding office but is not entitled to hold that office, it
issues the writ of quo warranto and restricts that person from acting as an office holder.
―Certiorari: Under this writ, the court orders a lower court or another authority to transfer a matter
pending before it to the higher authority or court.

FUNDAMENTAL DUTIES IN THE INDIAN CONSTITUTION

Part IV A (Article 51 A) of Constitution of India
 Article 51A deals with the fundamental duties. The provision was introduced by the 42nd Amendment of
Constitution in the year 1976 by inserting Part IVA in the Constitution. These duties cannot be enforced by
writs. They can be promoted by Constitutional methods.

 It shall be the duty of every citizen of India —

(1) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;
(2) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(3) to uphold and protect the sovereignty, unity and integrity of India;
(4) to defend the country and render national service when called upon to do so;
(5) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of
women;
(6) to value and preserve the rich heritage of our composite culture;
(7) to protect and improve the natural environment including forests, lakes, rivers, wildlife and to have
compassion for living creatures;
(8) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(9) to safeguard public property and to abjure violence;
(10) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly
rises to higher levels of endeavour and achievement;
*(11) who is a parent or guardian, to provide opportunities for education to his child or, as the case may be,
ward between the age of six and fourteen years.
Note: The Article 51A containing Fundamental Duties was inserted by the Constitution (42nd Amendment) Act,
1976 (with effect from 3 January 1977). *(k) was inserted by the Constitution (86th Amendment) Act, 2002 (with
effect from 1 April 2010).

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