Meaning of the constitution and its functions:

● A constitution is a written set of laws and fundamental principles to develop a

relationship between the people and the government which comprises a number of
articles about the state.
● We need a constitution:
○ To provide a set of basic rules to allow minimal coordination amongst the
members of society.
○ To specify how the government would be constituted and who has the power
to make decisions in the society.
○ To lay some limitations on the government's power by guaranteeing rights to
the citizens.
○ To enable the government to fulfil the aspirations of a society and create
conditions for a just society.
○ To express the fundamental identity of people.
● The Constitution of India was framed by the Constituent Assembly in 1946 under the
Cabinet Mission Plan.
● The Constituent Assembly spent 2 years 11 months and 18 days preparing the
constitution to be adopted on November 26, 1949, and came into force on January
26, 1950.
● The Constitution of India is the Supreme Law to be accepted and respected by all the
citizens as well as institutions of the country.
● The Constitution of India is a blend of flexibility and rigidity as it is federal in form but
unitary in spirit.
● The main federal features of the Indian Constitution are a written and flexible
constitution, distribution of powers between the centre and the states, supremacy of
judiciary and existence of a bi-cameral legislature.
● The framers of the Indian Constitution have borrowed a number of provisions as per
the suitability of the nation from different countries, i.e. the British Constitution, the
American Constitution, the Constitution of Canada, the Constitution of Ireland, the
French Constitution, etc. along with the Government of India Act, 1935.
● Rights in the Indian Constitution: Fundamental Rights, Duties and the Directive
Principles of State Policy
● Rights are the favourable conditions and guarantees to be provided by a state to its
citizens to live up a dignified life.
● These rights can be categorized as Social Rights, Political Rights and Fundamental
Rights to procure equality, liberty and social justice in society.
● Fundamental Rights are specially protected to ensure that they are not violated even
by the government. Because these are protected by the constitution of the country.
● There are 6 Fundamental Rights guaranteed by the Indian Constitution to its citizens:
● Right to Equality
● Right to Freedom
● Right to Freedom of Religion
● Right against Exploitation
● Cultural and Educational Rights
● Right to Constitutional Remedies
● Fundamental Rights except for the Right to Life and personal liberty may be
suspended only during emergencies like foreign attacks or internal disturbances.
● The South African Constitution grants the most extensive range of rights to its
citizens including even the right to dignity, privacy, fair labour practices, healthy
environment, adequate housing, information, etc.
● Indian Constitution contains Directive Principles of State Policy also to establish a
welfare state along with the Fundamental Rights.
● The judiciary has the power to enforce the Fundamental Rights but the Directive
Principles of State are not enforceable by law.
● By the 42nd amendment, in 1976, the Fundamental Duties were also inserted which
are ten in number to defend our country, promote harmony and protect the
environment.
● The inclusion of fundamental duties has not changed the status of our fundamental
rights.
● Amendments in the Constitution: Types of Amendments and the procedure to
make amendments in the constitution of India

Is our constitution a living document?

● Our constitution came into existence on 26th January 1950.
● More than 60 years after that the same constitution exists and functions in India.
● These documents may require modification according to socio-economic change
therefore amendments are used.
● By this we can say that our constitution is a living document.
What is an Amendment?
● Amendment means to remove or include a new law in the constitution or to modify
the existing laws.
● Parliament has the power to amend this constitution.
● Article 368 deals with constitutional amendment.
Contents of Amendment made so far
1. Amendment of administrative or technical
2. Amendment through political consensus
3. Amendment of differing interpretation
Amendment of Administrative or Technical
● It means to include a new law by removing the existing laws.
E.g. Changed the retirement age of High Court judges as 60 – 62.
● The original provision for SC/ST was only for 10 years, it was revised every year.
Amendment of differing interpretation
● The parliament may look at the provisions in the constitution from one angle and
interpret them, but the judiciary may have a different view.
● When there is a clash of views, the parliament is in the amendment to support their
view.
Amendment through Political Consensus
● A number of amendments results from the consensus among political parties.
● Some changes have taken place in the political philosophy and aspirations of the
people.
● The 52nd amendment is an example. This was for anti-defection.
Controversial Amendment
● Some amendments generate a lot of controversy.
● The opposition parties during the 1971-76 period criticised these amendments (38,
39, 42, 44) as an attempt by the ruling party to subvert the constitution.
● These amendments came during the internal emergency in the country.
Methods to Amend the Constitution
1. Simple majority of parliament
2. Special majority of parliament
3. Special majority and ratification by half of the state legislature
Simple Majority
● Simple majority system is the easiest way to amend the constitution.
● It needs the majority of parliament members which are present and president
consent is essential for the approval of amendment.
E.g. To form new state
● To change the names and boundaries of state
● Problem related to citizenship
● It can make changes in the 1, 4, 5, 6 schedule of constitution
Special Majority
● It is a way of amending the constitution. Here 2/3 majority is needed to amend the
constitution.
 ● The consent of both houses is essential to amend the bill.
E.g. 3rd part (Fundamental right) 4th part (DPSP)
Special Majority and Ratification by Half of the State Legislature
● It is the most complicated amendment in the parliament.
● 2/3 majority from the parliament and consent of half of the state legislature is needed
for this amendment.
E.g. To remove president and vice president
● To remove the judges of the Supreme Court and High Court.
● Problems related to central and state conflict.
● Problems related to the election of president.
● Problem related to 3rd list.
Basic Nature and Function of Constitution
● Secularism
● Independent judiciary
● Parliament system
● Fundamental rights
● Socio-economic justice
● Rule of law
● Federal system
● Judicial review
Controversial Amendment
● Here some members demanded for the amendment of the constitution and some
opposed it.
● It is called controversial amendment

● Philosophy of the Constitution: S3DRJLEF

FEATURES OF INDIAN CONSTITUTION
● Written constitution
● Secular state
● Parliamentary system
● Fundamental rights
● Right to vote
● Single citizenship
● Social justice
● Popular sovereignty
POLITICAL PHILOSOPHY OF INDIAN CONSTITUTION
● The Indian constitution consists of moral values and good ideas.
● The Constitution has its own political philosophy.
● So we should keep a political philosophical approach towards the constitution.
The content of Indian political philosophy are given below:
● Individual freedom
● Social justice
● Respect for diversity and minority right
● Secularism
● Universal adult franchise
● National identity
● Federalism
Criticism of Indian Constitution
● The Indian constitution is unwieldy.
● Unrepresentative
● Alien to Indian constitution.
Unwieldy Nature
● The critics argue that the state document should be a compact.
● In India many statements are included.
● In a single document this has made that document somewhat larger in size.
Unrepresentative Nature
● When the constituent assembly was formed we didn’t have adult franchise and most
of the members of the constitution came from the upper class.
● It is true that constituent assembly was not represented in nature.Alien Document
● The third criticism levelled against the constitution is that it is all borrowed article by
article from western countries.
● It doesn't reflect the culture of our continent and people.
Limitation of Indian Constitution
● The Indian constitution has a centralized idea of national unity.
● It really covered up the problems within the family.
● The Constitution has included socio-economic rights in the DPSP by not giving
propriety to fundamental rights.

List of Borrowed Features of Indian Constitution:

Name of Countries Borrowed Features of the Constitution

Britain 1. Parliamentary government

2. Rule of Law

3. Legislative procedure

4. Single citizenship

5. Cabinet system

6. Prerogative writs

7. Parliamentary privileges

8. Bicameralism

Ireland 1. Directive Principles of State Policy

2. Method of Election of the president

3. Members nomination to the Rajya

Sabha by the President
 United States of 1. Impeachment of the president
America
2. Functions of president and vice-
president

3. Removal of Supreme Court and High

court judges

4. Fundamental Rights

5. Judicial review

6. Independence of judiciary

7. The preamble of the constitution

Canada 1. Centrifugal form of federalism where

the centre is stronger than the states.

2. Residuary powers vest with the

centre

3. Centre appoints the Governors at the

states

4. Advisory jurisdiction of the supreme

court

Australia 1. Concept of Concurrent list

2. Article 108 i.e. Joint sitting of the two

houses

3. Freedom of trade and commerce

USSR (Now Russia) 1. Fundamental duties

2. The ideals of justice (social,

economic and political), expressed in
the Preamble.
 France 1. Concept of “Republic”

2. Ideals of Liberty, Equality and

Fraternity(contained in the Preamble)

Germany 1. Fundamental Rights are suspended

during Emergency

South Africa 1. Election of members of the Rajya

Sabha

2. Amendment of the Constitution

Japan 1. Concept of “procedure established by

Law”

Borrowed features of Indian Constitution are as follows:

Government of India Act of 1935

1. Federal Scheme

2. Office of governor

3. Judiciary

4. Public Service Commissions

5. Emergency provisions

6. Administrative details

National Institution for Transforming India (NITI) Aayog

Britain
1. Parliamentary government
2. Rule of Law

3. Legislative procedure

4. Single citizenship

5. Cabinet system

6. Prerogative writs

7. Parliamentary privileges

8. Bicameralism

Ireland
1. Directive Principles of State Policy

2. Nomination of members to Rajya Sabha

3. Method of election of the president

Unites States of America

1. Impeachment of the president

2. Functions of president and vice-president

3. Removal of Supreme Court and High court judges

4. Fundamental Rights

5. Judicial review

6. Independence of judiciary

7. The preamble of the constitution

Writs and their Scope |Parliamentary System in India

Canada
1. Federation with a strong Centre

2. Vesting of residuary powers in the Centre

3. Appointment of state governors by the Centre

4. Advisory jurisdiction of the Supreme Court

Australia
1. Concurrent List

2. Freedom of trade

3. Commerce and intercourse

4. The joint sitting of the two Houses of Parliament

Soviet Constitution (USSR, now Russia)

1. Fundamental duties

2. The ideal of justice (social, economic and political) in the Preamble

France
1. The ideals of the Republic in the Preamble

2. The ideals of liberty in the Preamble

3. The ideals of equality in the Preamble

4. The ideals of fraternity in the Preamble

Weimar Constitution of Germany

1. Suspension of Fundamental Rights during Emergency

South African Constitution

1. Procedure for amendment of the Constitution

2. Election of members of Rajya Sabha

Panchayati Raj System in India

Japan
1. Concept of “procedure established by Law”

As we know our constitution is the lengthiest written constitution, one factor

contributing to it having been drawn from many different sources. The constituent
assembly assessed many constitutions and drafted one taking all the provisions that
best applied to India’s diversity. Dr. B R Ambedkar rightly claimed it to be framed
after “ransacking” the known constitution.