Indian Constitution

• It is that body of rules, or laws written or unwritten which

determines the organization of government, the distribution of
power to the various organs of the government and the general
principles on which these powers are to be exercised – Gilchrist

• It consists of those of its rules or laws which determine the

form of the government and the respective rights and duties of
the citizens towards the government – Lord Bryce

• It is the rules which govern the State – Maciver

•The Indian Constitution closely follows the British Parliamentary Model but differs from it;
the Constitution is Supreme, not Parliament.
British Constitution
• Parliamentary form of Government
• The Idea of Single Citizenship
• The Idea of the Rule of Law
• Institution of Speaker and his/her Role
• Law-making procedure
•United States Constitution
• Charter of Fundamental Rights, which is similar to US’s Bill of Rights
• Federal Structure of Government
• Organization and Powers of Supreme Court
• Power of Judicial Review and Independence of the Judiciary
• The post of Vice President

Irish Constitution
• Constitutional Enunciation of the Directive Principles of State Policy
French Constitution
• Republic
• Ideals of Liberty, Equality and Fraternity
Germany Constitution
• Proclamation of Emergency
Japanese and Chinese Constitution
• The Idea of the Fundamental Duties
Canadian Constitution
• A Quasi-federal form of Government (a Federal system with a strong Central
Government)
• The Idea of Residual Powers

Main / Salient Features of Indian Constitution

• Written and Lengthiest
• Preamble
• Republic
• Government of the People
• Fundamental Rights and Duties
• Secularism
• Independent and Impartial Judiciary
• Universal Adult Franchise
• Equal Rights to Women
• A Welfare State

• We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India

into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to 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 THIS
CONSTITUTION.

Purpose of the Preamble

• It indicates the source from which the Constitution came i.e.,

THE PEOPLE OF INDIA.
• It declares the rights and freedom which are assured to all the
citizens of the country.

FUNDAMENTAL RIGHTS
• As citizens of India, we are all assured some fundamental rights
and duties. ‘Fundamental Rights’ protects us from injustice and
‘Fundamental Duties’ enables us to contribute to the welfare of
the nation.
• Fundamental Rights: The Indian Constitution has given certain
Fundamental Rights to all the citizens.
• These have been specified in the Constitution. They have also
been guaranteed and supported by law.
• The Fundamental Rights comes under the Part III of the
Constitution of India.
• It is necessary for every individual to live a complete and
satisfactory life. All citizens are assured SIX Fundamental Rights

• The Fundamental Rights forms the basis of our democratic

system.
• However, the government is empowered to restrict them in the
interests of the national security and socioeconomic progress.
• The Indian Parliament may even curtail or suspend
Fundamental Rights under certain extraordinary circumstances.
• Fundamental Right is from Articles 12 to 35 in the Constitution
of India. The Articles of Fundamental Rights are as follows

 I Right to Equality
• Here, all are equal before the law and also nobody is above the law. All
should get equal protection of the law. It states that all citizens should be
treated as equals irrespective of religion, race, caste, gender, or birth of
place.
• Article 14: Equality before law
• Article 15: Prohibition of discrimination on grounds of religion, race,
caste, sex, or place of birth
• Article 16: Equality of opportunity in matters of public employment
• Article 17: Abolition of Untouchability
• Article 18: Abolition on Titles

 II Right to Freedom: The Constitution has listed SIX types of freedom

•Article 19: Protection of certain rights regarding Freedom of Speech,

etc
1) All citizens shall have the right—
•(a) to freedom of speech and expression;
•(b) to assemble peaceably and without arms;
•(c) to form associations or unions;
•(d) to move freely throughout the territory of India;
•(e) to reside and settle in any part of the territory of India;
•(g) to practise any profession, or to carry on any occupation, trade or business
•19(2): Soveriegnity and integrity of state; Security of the state; Friendly Relations
with foreign nations; public Order, Decency and Morality; Contempt of Court;
Defamation ;and Inciteemnt of an offence

III Right against Exploitation

IV Right to Freedom of Religion
Since India is a secular country, every citizen has a right to practice
and propagate his / her religion. However, the State may impose
restrictions in the interests of public order, morality and health.
• Article 25: Freedom of conscience and free profession, practice
and propagation of religion.
• Article 26: Freedom to manage religious affairs
• Article 27: Freedom as to payment of taxes for promotion of any
particular religion
• Article 28: Freedom as to attendance at religious instructions or
religious worship in certain educational institutions

V Cultural and Educational Rights

• Article 29: Protection of interests of minorities
• Any section of the citizens residing in the territory of India or any part thereof having a distinct
language, script or culture of its own shall have the right to conserve the same.
• (2) No citizen shall be denied admission into any educational institution maintained by the State or
receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

• Article 30: Right of minorities to establish and administer

educational institutions
• Article 31A: Saving of laws providing for acquisition of estates
• Article 31B: Validation of certain Acts and Regulations
• Article 31C: Saving of laws giving effect to certain Directive Principles

• repealed by 44 amendment, 1978

VI Right to Constitutional Remedies

• Article 32: Remedies for enforcement of rights conferred by this Part. Writs:
• Habeas Corpus,
• Mandamus,
• Certiorary,
• Prohbition,
• Quo Warranto

• Article 33: Power of Parliament to modify the rights conferred by this Part in their
application to forces, etc
• Article 34: Restriction on rights conferred by this Part while martial law is in force in
any area
• Article 35: Legislation to give effect to the provisions of this Part

Fundamental Duties
 • 1. To abide / respect 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 / motherland and render national
service when called upon to do so.
• 5. To promote harmony and 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

Directive Principles of State Policy

• Our Constitution aims at the establishment of a Welfare State.
To achieve this aim, the Constitution has framed certain
principles and policies. It has also given certain directions to
the state to serve as guidelines.
• Such guiding principles are known as Directive Principle of
State Policy. Directive Principles of State Policies are also
called as the ‘Instrument of Instructions’. These principles are
for the good governance of the country. These principles
cannot be enforced in the courts.

Difference between Fundamental Rights and Directive Principles

• Fundamental Rights are mostly political rights which tend to restrain the
State. They are also called as negative rights. Articles 14 and 21 are
negatively worded. Directive Principles are social rights in the form of
positive obligations of the State and pertain to the economic field.
• The scope of the Fundamental Rights is limited but the Directive
Principles cover a vast area.
• Fundamental Rights are justiciable. Courts protect them and compel the
State to respect them. But Courts cannot direct the State to give effect
to a Directive Principle.
• They are enforceable rights. Fundamental Rights are legally enforceable
because they are guaranteed rights.

Federalism: Centre-State relations

• The basic principle of Federation is that the Legislative and
Executive authority is partitioned between the Center and the
States.
• It is generally regarded that in a Federation governmental
functions are shared by the Central or Federal government and
the State governments. These two governments are coordinate
and independent of each other.

A Federal Constitution generally possesses the following five

characteristics:
•Dual or two sets of governments: In a unitary State as the name indicates
there is only one government, i.e. the national government. In a
federation, two sets of governments co-exist, i.e. the national (or union or
central or federal) and state governments. These two governments derive
their powers from the same source (the Constitution) and are controlled
not by the other but by the Constitution.
•In order to make the distribution clear and permanent, it must be reduced
to writing and must be made amendable to amendments. Rigidity does not
mean that the Constitution is not subject to any change and must remain in
the same static condition.
•In order to make the distribution clear and permanent, it must be reduced
to writing and must be made amendable to amendments. Federal
Constitutions guard attentively the distribution of powers and do not
tolerate encroachments..

• In a federation, there is possibility of a State encroaching upon

the field of another State Union. To take care of such
contingencies, a federation contemplates an independent
judicial body which will decide the rights of the Units and keep
them confined within their limits. The Courts have the last
word in regard to questions involving the interpretation of the
Constitution.
• There are certain provisions contained in the Constitution which
are departure from the federal principle or to put it in another way
it may be called Indian modification of the federal principle.
• One Constitution for the States – In India, the Act of 1935 created
autonomous units and forged them into a federation. Both were
created by the same Act. Our Constitution has been framed by the
people of India and nor by the States. It is not the result of
agreement.
• Single citizenship – India has like Canada in terms of single
citizenship. But United States of America and Australia is having
dual citizenship (National and State).
• In India, the Union is indissoluble but not so the States. No State
can secede. The Union may alter the boundaries of any State,
create a new State by separation or merger of two or more States.
It may change the name of any State.

• The power of the states and the Centre are defined by the constitution
and the legislative powers are divided into three lists. The distribution of
legislative power is done by Articles 245 and 246 read with the 7th
Schedule. The Schedule has 3 Lists, the Union List (99 Subjects), the State
List (61 Subjects) and the Concurrent List (52 Subjects). All residuary
powers are vested in the Union.

• The Union has the power to issue directions to a State to ensure

compliance with the laws as per Article 256. On failure to comply with
such directions, the President may assume to him / herself all the
functions of the Government of that State.

• Where a financial emergency has been proclaimed under Article 360, the
power of the Center enlarges. It may even issue directions requiring all
Money Bills and some other Bills to be reserved for the consideration of
the President.

• The All India Services are created by the Center which alone
has the power to regulate the recruitment and conditions of
service of the persons appointed to the service.
• Judges of a State High Court are appointed by the President in
consultation with the State Governor and other functionaries.
• An essential feature of American federalism is the equality of
representation of the States in the Senate irrespective of their
population or size. It is considered to be a safeguard for small
States. In India, the membership varies from 1 to 34,
depending on the population.

Center-State Relations
• The Indian Constitution is basically federal in nature though
the word ‘federation’ is nowhere used. The Constitution
provides for a unifying central entity holding together a
number of constituent units with all their diversity enjoying
autonomy in their given sphere. It is a political system with
extra authority and responsibilities to the Center in selected
matters and many ways.
The powers which are so shared are
generally of four types:

• Legislative Relations
• Administrative / Executive Relations
• Financial Relations
• Judicial Relations

• Union list consists of 100 items (previously 97 items) on which

the parliament has exclusive power to legislate including:
defence, armed forces, arms and ammunition, atomic energy,
foreign affairs, war and peace, citizenship, extradition,
railways, shipping and navigation, airways, posts and
telegraphs, telephones, wireless and broadcasting, currency,
foreign trade, inter-state trade and commerce, banking,
insurance, control of industries, regulation and development of
mines, mineral and oil resources, elections, audit of
Government accounts, constitution and organisation of the
Supreme Court, High Courts and union public service
commission, income tax, custom duties and export duties,
duties of excise, corporation tax, taxes on capital value of
assets, estate duty, terminal taxes.
• State list consists of 61 items (previously 66 items). Uniformity
is desirable but not essential on items in this list: maintaining
law and order, police forces, healthcare, transport, land
policies, electricity in state, village administration, etc. The
state legislature has exclusive power to make laws on these
subjects. But in certain circumstances, the parliament can also
make laws on subjects mentioned in the State list, then the
parliament has to pass a resolution with 2/3rd majority that it
is expedient to legislate on this state list in the national
interest.

• Concurrent list consists of 52 (earlier 47) items. Uniformity is

desirable but not essential on items in this list: Marriage and
divorce, transfer of property other than agricultural land