Indian Constitution

Idea : M.N. Roy

Chairmanship : Sachidanand Sinha


Demise

New chairman Dr. Rajender Prasad

Constitutional Advisor : B.N. Rao

Member : 389 (93 represent of Indian States)

Other from British India.

Chairman Drafts
Committee : Dr. B.R. Ambadkar

Adopted 26th Nov. 1949


395 Articles (Now 444)
8 Schedule (Now 12)

Provisions of : Citizenship, elections, Provisional Parliament etc.

Immediate effect

Effective date : 26th Jan. 1950 (Republic day)

Why 26 Jan. (1929, Jan. 26, Lahore INC
Demanded Poorna Swaraj
Under leadership of J.L. Nehru.

Flag : adopted on July 22, 1947

Designed by : Pingali Venkiah

Preamble : It is the preface or the introduction of the Constitution.

It is not an integral part of the Constitution. The
interpretation of the Constitution is based on the spirit
of the Preamble.

Borrowed from Constitution of USA 42nd Amendment

1976, Added Socialist, Secular and Integrity.
 The Preamble : WE, THE PEOPLE OF INDIA, have solemnly
State resolved to constitute India into a SOVEREIGN,
SECULAR, DEMOCRATIC and REPUBLIC and
to secure all its citizens:

: JUSTICE social, economic and political, LIBERTY of

thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity, and to
Promote among them all; FRATERNITY assuring the
Dignity of the individual and the unity and integrity of
the nation; IN OUR CONSTITUENT ASSEMBLY, this
twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES TIS
CONSTITUTION.

Main Features of Indian

Constitution : Bulkiest Constitution of the World
: Written Constitution
: Combination of Rigidity and Flexibility
: Parliamentary System of Government
: Federal System with a Unitary bias
: Fundamental Rights and Duties
: Directive Principles of State Policy
: Independent Judiciary
: Single Citizenship

Sources of Indian Constitution

U.K. ÙSA USSR Australia Japan Germany Canada Ireland
Nominal Head Written Fundament Concurrent Law on Suspension Scheme of Concept
President (like Constitution al Duties List which the of federation of
Queen Vice-President Five year Language of Supreme Fundame- with a Directive
Cabinet System as the Ex- Plan the Court ntal Rights strong Principles
of Ministries officio Preamble functions during the Centre and of State
Post of Prime Chairman of Provisions Emergency the States Policy
Minister the Upper regarding and placing (Ireland
Parliamentary House trade, Residuary borrowed
Type of Govt. Fundamental Commerce Powers it from
Bicameral Rights and with the Spain)
Parliament Supreme Court Intercourse Centre Method of
Lower House Provision of election of
more Powerful States the
Council of Independence President
Ministers of Judiciary
responsible to and Judicial
the Lower Review
House
Speaker in Lok
Sabha
Single
Citizenship
Law making
procedures.
 3

Fundamental Rights (Articles 12-35)

Right to Equality (Articles 14-18)

 Equality before Law.
 Prohibition of discrimination on grounds of religion, race, caste, sex or place
of birth.
 Equality of opportunity in matters of public employment.
 Abolition of untouchability.
 Abolition of titles.

Right to Freedom (Articles 19-21)

 Protection of certain rights regarding freedom of speech and expression,
freedom to assemble peacefully etc.
 Protection in respect of conviction for offences.
 Protection of life and personal liberty.

Right to Education
The Article 21A provides that the state shall provide free and compulsory education
to all children of the age of 6-14 years.

Right Against Exploitation

 Prohibition of trafficking in human beings and forced labour (Article 23).
 Prohibition of employment of children in factories etc. (Article 24).

Right to Freedom of Religion (Articles 25-28)

 Freedom of conscience and free profession, practice and propagation of
religion. Freedom to manage religious affairs.
 Freedom as to payment of taxes for promotion of any particular religion.
Freedom as to attendance at religious instructions or religious worship in
certain educational institutions.

Cultural and Educational Right

 Protection of interest of minorities (Article 29).
 Right of minorities to establish and administer educational institutions (Article
30).

Right to Constitutional Remedies

Right to move to the Supreme Court and the High Courts (under Article 226) in
case of their violation, termed by B R Ambedkar as the Heart and Soul of the
Constitution.
 Article 32 (4) shall not be suspended except according to the provisions of
the Constitution.
 The Supreme Court and High Courts have the power to issue writs, if
Fundamental Rights are violated.
 Types of Writs
Write Meaning Intended purpose
Habeas Corpus You may have the body To release a person who has
been detained unlawfully
whether in prison or in private
custody.
Mandamus We command To secure the performance of
public duties by lower court,
tribunal or public authority.