Constitutional Framework

Lesson – 1
Constitutional Framework

CONTENTS
Contents ........................................................................... 1
Introduction ..................................................................... 2
Indian Constitution................................................... 2
Historical Background of Indian Constitution .................. 3
Developments during Company Rule (1773-1857)
.............................................................................. 3
Regulating Act of 1773 ............................................. 3
Pitt’s India Act of 1784 ............................................. 3
Charter act of 1793 .................................................. 4
Charter act of 1813 .................................................. 4
Charter Act of 1833 .................................................. 4
Charter Act of 1853 .................................................. 4
Developments during Crown rule (1858-1947) ... 5
Government of India act 1858 ................................. 5
Indian council act of 1861 ........................................ 5
Indian Council Act of 1892 ....................................... 6
Indian Council Act of 1909 (Morley-minto reforms) 6
Government of india Act of 1919 (Montagu-
Chelmsford Reforms) ............................................... 7
Government of India Act of 1935 ............................ 8
Indian Independence act of 1947 ............................ 9
Making of the Indian Constitution .................................10
Demand for Independent Constituent Assembly
............................................................................ 10
Cabinet Mission Plan for the Constituent
assembly ............................................................ 11
Changes made by the Indian Independence Act of
1947 .......................................................................11
Working of the constituent Assembly ............... 12
Committees of the Constituent Assembly .............12
Deliberations and Finalisation of Indian Constitution
................................................................................13
Important Facts ......................................................14
Criticism of Constituent Assembly .........................14
Features of indian constitution ......................................15
Lengthiest and bulkiest written constitution of
the world ............................................................ 15
Constitution as living document ........................ 16
Mixture of Federalism and Unitarianism ........... 16
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Provisions adopted from constitutions of
different countries.............................................. 18
Balancing Rights and duties of the citizens ........ 18
Directive Principles of State Policy ..................... 19
Adopting Parliamentary form of Government ... 19
Integrated and Independent Judiciary ............... 21
Universal Adult Franchise ................................... 21
System of Single Citizenship ............................... 21
System of local government- Panchayats and
municipalities ..................................................... 22
Independent agencies as bulwarks of constitution
............................................................................ 22
Secular State ....................................................... 22
Emergency provisions ........................................ 23
Schedules of Indian Constitution ....................... 23
Preamble of Indian constitution .................................... 24
Components of Preamble .................................. 24
Source of its authority ........................................... 24
Nature of Indian State ........................................... 25
Date of the adoption of Indian Constitution ......... 26
Objectives of the Indian STATE .............................. 26
Important judgements related to preamble ......... 27
Amendment of Indian Constitution ............................... 28
Types of Amendments........................................ 28
Procedure for amendment of Indian Constitution
............................................................................ 28
Issues with the amendment procedure ............. 30
Content of Amendments made so far ................ 30
Doctrine of Basic Structure of the Indian
Constitution ........................................................ 31
Emergence of this Doctrine ................................... 31
What is the doctrine of Basic Structure? ............... 32
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INTRODUCTION
Constitution of a country lays down the basic
structure of the political system under which its
people are to be governed.
“A Constitution is a body of fundamental principles
according to which a state is constituted or
governed.”
▪ Constitution may also be described as the
foundational law of the land, which lay down
the basic minimum rules for society and state.
▪ Every Constitution represents the values, aims
and aspirations of its founding fathers and is
based on the social, economic, and political
condition of a country.
▪ Constitution is not mere inert document; it
keeps constantly growing and evolving.
FUNCTIONS OF CONSTITUTION
▪ The Constitution provide a set of basic rules that
allow for minimal coordination amongst
members of a society.
▪ Constitution specifies who has the power to
make decisions in a society. It decides how the
Government will be constituted.
- For example, Indian Constitution specifies
that the Parliament is empowered to decide
laws and policies in most cases, and that
Parliament itself be organised in a particular
manner.
▪ The Constitution set some fundamental limits
on the powers of the Government.
- These limits are fundamental in the sense
that Government should not violate them.
▪ The Constitution should enable and empower
the Government to take positive measures to
overcome forms of inequality or deprivation.
- For example, Indian Constitution aspires to
establish a society that is free of caste
discrimination.
▪ Constitution enshrines the aims and aspirations
of society, so it should be updated regularly as
per the changing needs of the society.
▪ A Constitution expresses the fundamental
identity of a people in a state.
- For example, Indian Constitution imparts
political, moral, and national identity to
citizens of India.
CONSTITUTIONALISM
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The concept of Constitutionalism is that:
“The polity of a country should be governed by a
Constitution that specify limitations on the power of
Government and establishes rule of law.”
▪ It is naturally associated with written
Constitution in a way that written Constitution
define and delimit the powers and functions of
various organs of the state.
▪ Establishment of democratic form of
Government is essential for Constitutionalism.
▪ Another way of limiting the power of
Government is to specify certain fundamental
rights that all citizens possess and which no
Government can ever be allowed to violate.
INDIAN CONSTITUTION
Our Indian Constitution is world’s largest written
Constitution. It is unique in its content and spirit.
▪ Although India’s Constitution was formally
created by a Constituent Assembly between
December 1946 and November 1949, it drew
upon a long history of the nationalist movement.
▪ It was framed under very difficult circumstances
like partition and communal riots.
▪ However, the best asset for the Indian
Constitution makers was an already built broad
consensus of the framework they wish for the
Independent India, which had evolved during the
freedom struggle.
▪ Finally, Indian Constitution was adopted by the
Constituent Assembly on 26th November 1949
and came into full operation with effect from
26th January 1950.
As the edifice of any Constitution is always build on
the foundations of its past, so to better understand
the Indian Constitution, it is important to know its
historical background.
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HISTORICAL BACKGROUND
OF INDIAN CONSTITUTION
Basic framework of the Indian Constitution traces its
legacy to British rule in India.
▪ The British came to India for trade, however,
taking advantage of the weakening central
authority of Mughal Empire in 18th century, the
British gradually emerged as the dominant
power.
▪ To strengthen their control over India, British
Government initiated several socio-economic
and political developments in India.
▪ Various such developments during British rule
starting from Regulating Act, 1773 up to the
Government of India Act, 1935 have greatly
influenced our present Constitution and Polity.
▪ Let us look at these developments in
chronological order.
DEVELOPMENTS DURING COMPANY
RULE (1773-1857)
During this period, East India Company (EIC) handled
the Indian affairs under the overall supervision of
British Parliament.
REGULATING ACT OF 1773
It was for the first time that British Government
tried to overhaul the affairs of East India Company’s
Indian administration.
▪ From now onwards, the administration of
territories under the company rule was no more
a private affair of the traders of Company.
▪ This Act for the first time presented a written
charter for company rule acknowledging
political and administrative responsibilities of
EIC.
▪ It strengthened the Parliamentary control over
Company. Important provisions of this Act were:
CHANGES IN ADMINISTRATION
1. Governor of Bengal was designated as the
“Governor General of Bengal”.
- Warren Hastings was the first such Governor
General of Bengal.
2. It created an Executive Council of four persons
to assist Governor General.
BEGINNING OF CENTRALISATION
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3. It subsumed the presidencies of Bombay and
Madras under Bengal’s control.
- Thus, it laid the foundations of Central
Administration in India.
NEW JUDICIAL SYSTEM
4. Supreme Court was established at Fort William
at Calcutta. It comprised of one chief justice and
three other judges.
REFORMS IN EIC
5. It prohibited the employees of East India
Company from engaging in any private/personal
trade and accepting gifts or bribes from locals.
6. It restricted the Court of Directors to four-year
terms.
This Act did not prove to be a long-term solution to
concerns over the Company's affairs despite the
Amending Act of 1781, known as the Act of
Settlement. It provided for the:
1. Exemption of the Governor-General and his
Council from the jurisdiction of Supreme Court
for the acts done by them in their official
capacity,
2. It empowered the Governor-General Council to
frame regulations for the Provincial courts and
councils.
3. It excluded some other matters like revenue
matters from the jurisdiction of Supreme Court.
Further, Pitt's India Act was subsequently enacted in
1784 as a more radical reform.
PITT’S INDIA ACT OF 1784
SEPARATING COMMERCIAL AND POLITICAL FUNCTIONS
1. It started the system of double Government.
- Court of directors of EIC were allowed to
manage the commercial/financial affairs.
- However, a six-member Board of Controllers
was set up for managing political activities.
CHANGES IN EXECUTIVE COUNCIL
2. The Executive council of the Governor General of
Bengal in India was reduced to three members.
INCREASING CONTROL OVER EIC
3. Board of Control was also empowered to
supervise the civil, military and revenue affairs
of British possessions in India.
There were series of Charter Acts passed from 1793
to 1853 in an interval of 20 years each.
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CHARTER ACT OF 1793
ADMINISTRATIVE AND JUDICIAL REFORMS
1. The Governor-General of Bengal was given more
powers. He could override his council’s decision
under certain circumstances.
2. It also increases the powers and control of
Governor General over the subordinate
presidencies of Madras and Bombay.
3. It provided that the Board of Control and all of
its staff were to be paid out of the Indian
revenues.
4. This Act separated the revenue administration
and the judiciary functions of the Company.
CHARTER ACT OF 1813
Charter act of 1813 ended the monopoly of the EIC
in India, thus, the Indian trade was thrown open to
all British merchants.
▪ However, the company’s monopoly in trade
with China and trade in tea with India was kept
intact.
CLAIMING BRITISH SOVEREIGNTY
1. This Act claimed the sovereignty of British crown
over the company’s Indian Territories.
POWERS TO LOCAL GOVERNMENT
2. The Act also empowered the Local Governments
in India to impose taxes on persons subject to
the jurisdiction of Supreme Court.
JUDICIAL CHANGES
3. The Act gave more powers for the courts in India
over European British subjects.
OTHER CHANGES
4. It granted permission to the Christian
missionaries to come to India and engage in
religious proselytization.
5. It provided for a financial grant for the revival of
Indian literature and the promotion of science.
While the powers of the three councils of Madras,
Bombay and Calcutta were enlarged, they were also
subjected to greater control of British Parliament.
CHARTER ACT OF 1833
The Charter Act of 1833 was passed in the British
Parliament which renewed the East India
Company’s charter for another 20 years.
▪ This was also called the Government of India Act
1833 or the Saint Helena Act 1833. Main
provisions of the Act were:
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CHANGING DESIGNATIONS
1. From now Governor General of Bengal was
designated as “Governor General of India”.
- Lord William Bentick was the first Governor-
General of India.
2. For the first time, the Governor-General's
Government was known as the 'Government of
India' and his council as the 'India Council'.
3. The council was enlarged for legislative work by
the addition of a law member in addition to the
existing three.
FIRST INDIAN LAW COMMISSION
The Charter Act of 1833 provided for the establishment of a
Law Commission for consolidation and codification of
Indian Laws.
▪ The first Law Commission was chaired by Lord
Macaulay.
▪ The first commission’s recommendations resulted in
the codification of the penal code and the Criminal
Procedure Code.
CENTRALISATION AT ITS PEAK
4. The Governor-General and his executive council
were given exclusive legislative powers for the
whole of British India. Thus, it deprived the
Governor of Bombay and Madras of their
legislative powers.
REFORMS IN EIC
5. It ended the activities of EIC as commercial
body. It became an administrative body only.
6. It attempted to introduce a system of open
competitions in Civil Services examination.
However, it was unsuccessful.
7. The Act provided for the mitigation of slavery
existing in India at that time.
CHARTER ACT OF 1853
It was the final Act of Charter Act series. It marked
the recognition of legislation as separate function
of the Government.
▪ This was for the first time, that this Charter Act,
unlike other charter acts, did not fix any limit for
the continuance of the administration of the
company in India.
CREATION OF INDIAN LEGISLATIVE COUNCIL
1. It separated the executive and legislative
functions of the Governor General’s Executive
council.
2. A separate Governor-General’s legislative
council was created through the addition of six
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 new members in the Executive Council. The
members were called the legislative councillors.
3. The Governor-General’s assent was required for
all legislative proposals.
CIVIL SERVICES OPENED TO INDIANS
4. It introduced the system of open competition
for the selection and recruitment of Civil
Servants in India.
- This act removed the right of patronage to
appointments in civil service held by the
Court of Directors.
BEGINNING OF LOCAL ASSOCIATION
5. Local representation was introduced in the new
Legislative council created under this Act. Four
members were appointed by the local
(provincial) Governments of Madras, Bombay,
Bengal, and Agra.
OTHER CHANGES
6. The Court of Directors could create a new
presidency or province.
- This was because of the difficulties that were
faced in administering the increasingly large
Indian territories of Britain.
In the wake of Revolt of 1857 (also known as the First
war of Independence) the company’s rule came to
an end. From now onwards the British crown
assumed the direct responsibility to govern India.
DEVELOPMENTS DURING CROWN
RULE (1858-1947)
GOVERNMENT OF INDIA ACT 1858
It was also known as the Act for Good Government
of India.
▪ It made little changes in the system of
administration prevalent in India, however the
manner of supervision and control of Indian
administration in England was changed and
strengthened.
CHANGES IN ADMINISTRATION
1. The Company's territories in India were to be
vested in the crown, the Company ceasing to
exercise its power and control over these
territories.
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2. It ended the system of double Government by
abolishing the Board of Control and Court of
Directors.
3. The Crown was empowered to appoint a
Viceroy and the Governors of the Presidencies.
4. The Indian Civil Services was to be instituted for
the administration of the country.
- There was provision for Indians also to be
admitted to the service.
SECRETARY OF STATE AND HIS COUNCIL
5. New office of Secretary of State for India was
created.
- The Secretary of State was a member of the
British cabinet and was responsible
ultimately to the British Parliament.
- He was also the channel of communication
between the British Government in Britain
and the Indian administration.
- Lord Stanley was the first SOS.
6. Also, a new advisory body named, Council of
India was created to assist its chairman the
Secretary of State for India.
CHANGING DESIGNATION
7. Governor General of India was now designated
as Viceroy of India. Lord Canning was the first
viceroy of India.
To smoothen the political setup in India and to seek
the cooperation of Indians in administration three
Acts were enacted by British Parliament in 1861,
1892 and 1909.
INDIAN COUNCIL ACT OF 1861
It introduced a grain of popular element. It provided
that the legislative Council, which was earlier
composed of British officials, should include certain
additional non-official members.
BEGINNING OF DECENTRALISATION
1. It restored the legislative powers of Bombay
and Madras Presidencies taken away by the
Charter Act of 1833.
- Thus, it begun the process of
decentralisation in Indian administration.
2. It provided for the creation of legislative
councils for Bengal, North-Western Frontier
Province (NWFP) and Punjab.
INDIANS IN LEGISLATIVE COUNCIL
3. It started the process of associating Indians as
non-official members in the law-making process.
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 - It marked the beginning of representative
Institutions in India.
- Lord Canning nominated three Indians to the
Council in 1862 namely, the Raja of Benares,
the Maharaja of Patiala and Sir Dinkar Rao.
4. The members were nominated, and their
functions were confined exclusively to
consideration of legislative proposals placed
before it by Viceroy.
- However, it could not criticise the acts of
administration or conduct of authorities.
NEW TOOLS OF IMPROVED EXECUTION
5. The ‘Portfolio’ System introduced by Viceroy
Lord Canning in 1859 was formally recognised
by this Act.
- The council member’s holding any particular
departments were authorized to issue final
orders on behalf of the council on matters
related to their department.
6. For the executive functions of the Council, a fifth
member was added.
- Now there were five members for home,
military, law, revenue, and finance.
7. The Viceroy was allowed to issue ordinances
lasting six months without the concurrence of
the legislative councils.
- This power of ordinance making given to the
Viceroy gave him absolute powers.
The 1861 Act suffers from many defects. Also, it did
not satisfy the Indian aspirations. It made the
Viceroy all powerful.
▪ The political and economic situation steadily
deteriorated after 1857. The repression that
followed the revolt had created a strong feelings
against the British.
▪ The Indian National Congress founded in 1885,
at its very first session, demanded reforms and
expansion of legislative councils.
- They also wanted the principle of election
instead of nomination.
▪ The Congress considered the reforms of the
councils “at the root of all other reforms”.
▪ The Viceroy Lord Dufferin set up a committee to
look into the matter.
- But the Secretary of State did not agree to
the plan of direct elections.
- He, however, agreed to enlarge
representation by way of indirect election.
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INDIAN COUNCIL ACT OF 1892
CHANGES IN LEGISLATIVE COUNCIL
1. The Act increased the number of additional
members to be represented in the Central and
Provincial councils but maintained official
majority.
- For example, the number of Additional
Members elected to the Central Legislative
Council was increased to a range of ten to
sixteen.
2. The principle of representation was initiated
through this Act. Some non-official members
were to be nominated in
(a) Central Legislative Council by the viceroy on
the recommendation of the provincial legislative
councils and the Bengal Chamber of Commerce,
and
(b) Provincial legislative councils by the
Provincial Governors on the recommendation of
the district boards, municipalities, universities,
trade associations, zamindars and chambers.
3. It also increased the functions of legislative
council. It allowed councils to discuss (not vote
on) each year's annual financial statement
(Budget).
- However, members could not ask
supplementary questions.
QUICK FACT
The system of Budget was introduced in British India in 1860
Thus, whilst failing to answer calls for direct
elections, the principle of representation was
introduced in 1892 Act. The number of Indians was
increased, and this was a positive step.
INDIAN COUNCIL ACT OF 1909
(MORLEY-MINTO REFORMS)
This Act was enacted after the Swadeshi movement
(1905), formation of Muslim league (1906) and
Surat split (1907) in Congress.
▪ At its session in 1906, the Congress declared its
goal to be “Swaraj”. It also demanded the
immediate expansion of the legislative councils.
▪ There were huge expectations among moderate
Congress members from this Act.
▪ Lord Morley (then SOS) and Lord Minto (then
Viceroy) jointly worked out certain
Constitutional reforms during 1906 – 1908.
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 These came to be known as Morley-Minto
reform.
CHANGES IN LEGISLATIVE COUNCIL
1. It established Indian dominance in the
provincial, but not central, legislative bodies.
2. It considerably increased the size of the
legislative councils, both Central and provincial.
- The number of members in the Central
Legislative Council was raised from 16 to 60.
- In provinces the increase was not uniform.
3. Members were also enabled to debate
budgetary and complementary matters and
table resolutions.
- Member could also ask supplementary
questions.
IMPORTANT POINT
The legislative councils at the Centre and the provinces were
to have four categories of members as follows:
a. Ex officio members: Governor-General and members of
the executive council.
b. Nominated official members: Government officials who
were nominated by the Governor-General.
c. Nominated non-official members: nominated by the
Governor-General but were not Government officials.
d. Elected members: elected by different categories of
Indians.
RISE OF COMMUNALISM
4. It introduced separate electorates where seats
were reserved for Muslims and in which only
Muslims would be polled. It marked the
beginning of communal representation in India.
5. Satyendra Prasad Sinha became the first Indian
to join the Viceroy’s Executive Council. He was
appointed as the law member.
The Act introduced communal representation in
Indian politics. This was intended to stem the
growing tide of nationalism in the country by
dividing the people into communal lines.
- The culmination of this step was seen in the
partition of the country along religious lines.
GOVERNMENT OF INDIA ACT OF 1919
(MONTAGU-CHELMSFORD REFORMS)
The next landmark in Constitutional development of
India is the Montagu-Chelmsford Report (1918),
which led to the enactment of Government of India
Act of 1919.
▪ This Act had a separate Preamble which
declared that the objective of the British
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Government was the gradual introduction of
responsible Government in India.
REFORMS IN ADMINISTRATION
PROVINCIAL LEVEL
1. It demarcated Central and Provincial subjects.
- The Central and Provincial legislatures were
authorised to make laws on their respective
list of subjects.
- Subjects of all-India importance were
brought under Central subjects.
- While matters primarily related to the
administration of the provinces were
brought under Provincial subjects.
- So, there was relaxation of Central control
over the provinces not only in administrative
matters but also in legislative and executive
matters.
- This devolution of powers to provinces
should not be mistaken for ‘federal
distribution’ of powers. Provinces got power
by way of delegation from centre.
- Despite this relaxations, Government
structure continued to be centralised and
unitary.
2. Diarchy was introduced at the Provincial level.
- It means a dual set of Governments- one is
accountable and other is not.
- The provincial subjects were divided into
transferred and reserved subjects.
- The transferred subjects were to be
administered by Governor with the aid of
ministers accountable to legislative councils.
- The reserved subjects were to be
administered by Governor without aid of
ministers.
3. Provincial budgets was separated from the
Central budgets for the first time. The sources of
revenue were divided into two categories so
that the provinces could run their administration
by their own revenues.
CENTRAL LEVEL
4. Except Commander in Chief, three out of six
member of viceroy’s executive council needed
to be Indian.
LEGISLATIVE CHANGES
CENTRAL LEVEL
5. No Bill of the legislature could be deemed to
have been passed unless assented to by the
Viceroy.
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 - The latter could however enact a Bill without
the assent of the legislature.
6. It made the Central Legislature bicameral. The
lower house was the Legislative Assembly, and
the upper house was the Council of States.
7. The Franchise (Right of voting) was granted to
limited number of people on the basis of tax,
property, and education.
8. The legislators could ask questions and also vote
on 25% part of the budget.
PROVINCIAL LEVEL
9. The size of the provincial legislative assemblies
was increased. Now about 70% of the members
were elected. There were communal and class
electorates.
EXTENDING COMMUNALISM
10. Principal of communal representation through
separate electorate was extended to Sikhs,
Anglo-Indians, Indian Christians, and
Europeans.
NEW INSTITUTIONS
11. It provided for the establishment of a Public
Service Commission in India for the first time.
12. Some of the functions of Secretary of State was
transferred to new office of High Commissioner
for India.
13. It made a provision that a Statutory Commission
would be set up at the end of 10 years after the
act to inquire into the working system of the
Government.
- The Simon commission of 1927 was an
outcome of this provision.
▪ The Act of 1919 had many shortcomings. It did
not fulfil the demand for responsible
Government.
▪ The system of diarchy in provinces was a failure.
- In the absence of power of purse, the
ministers could not effectively implement
their policies.
▪ The Ministers were not collectively responsible
to the legislatures and were only individually
appointed advisers to the Governor.
SIMON COMMISSION
The persistent demand for further reforms, aided by
Non-Cooperation movement, led the British
Government in 1927 to appoint a Statutory
Commission.
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▪ The Commission was an all-white member body
headed by Sir John Simon.
▪ Its report was considered in Round Table
Conferences held in Britain, in which delegates
of British Government as well as of India
participated.
▪ A white paper prepared on the results of
Conferences, was examined by a Joint Select
Committee of the British Parliament and it took
the shape of next Act.
RESOLUTION ON PURNA SWARAJ
In India Congress was gradually veering round
accepting complete Independence as its goal.
▪ The 1929 Lahore Session of the Congress
adopted a resolution on Purna Swaraj.
▪ A Civil Disobedience Movement began with a
call to break the salt tax.
COMMUNAL AWARD
In August 1932, Ramsay MacDonald, the British
Prime Minister, announced a scheme of
representation of the minorities, which came to be
known as the Communal Award.
▪ The award extended separate electorates to the
depressed classes (scheduled castes).
▪ Gandhiji was distressed over this award and
undertook fast unto death in Yeravada Jail
(Poona) to get the award modified.
▪ At last, there was an agreement between the
leaders of the Congress and the depressed
classes.
▪ The agreement, known as Poona Pact, retained
the Hindu joint electorate and gave reserved
seats to the depressed classes.
GOVERNMENT OF INDIA ACT OF 1935
This Act was passed in the backdrop of Simon
Commission (1927), three round table conferences
and Communal Award (1932). It was the lengthiest
of all Acts and aimed to establish responsible
Government in India.
INDIAN FEDERATION
1. It provided for the establishment of an All-India
Federation consisting of provinces and princely
states as units.
- It was optional for the Indian princely states
to join the federation.
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 - Since the rulers of these states never gave
their assent, the federation never came into
being.
CHANGES IN ADMINISTRATION
2. It distributed the legislative powers between
Centre and provinces through three lists;
federal, provincial, and concurrent lists.
- Residuary powers were given to the Viceroy.
3. Diarchy was introduced in the Centre. However,
it did not come into operation.
4. It abolished the Council of India, established by
the Government of India Act of 1858. The
secretary of state for India was provided with a
team of advisors in its place.
DECENTRALISATION AT ITS PEAK
5. It abolished diarchy in the provinces. It provided
for provincial autonomy.
6. It introduced responsible Governments in
provinces, that is, the Governor was required to
act with the advice of ministers responsible to
the provincial legislature. It was discontinued
after 1939.
LEGISLATIVE CHANGES
7. Bicameralism was introduced in six out of
eleven provincial legislature. Bengal, Bombay,
Madras, Bihar, Assam and the United Provinces
were made bicameral.
- In the rest of the provinces, the legislatures
was unicameral.
- The provincial legislatures were given many
new powers.
- The Council of Ministers was to be
responsible to the legislature which could
remove it by passing a vote of no-
confidence.
8. This Act introduced for the first time the direct
elections.
- About 10% of the total population got the
voting rights.
NEW INSTITUTIONS
9. This Act vested the control of Railway in a new
authority called Federal Railway Authority,
which was free from control of ministers.
10. It provided for the establishment of Federal
Court to interpret the Act and adjudicate
disputes relating to the federal matters.
11. It provided for the establishment of Provincial
Public Service Commission and Joint Public
Service Commission for two or more provinces.
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12. It provided for the establishment of a Reserve
Bank of India.
13. Separate electorates for depressed classes
(scheduled castes), women and labour (workers)
were introduced.
TEST YOUR PROGRESS
Q. Did the Government of India Act, 1935 lay
down a federal constitution? Discuss.
During 1940s several developments took place at
National as well as International levels like:
▪ In 1940, Muslim League passed the Pakistan
resolution, demanding for Muslims a separate
nation Pakistan.
▪ August offer (1940), Cripps Mission (1942) and
Wavell plan (1945) were some incremental steps
taken by British Government for India.
▪ Quit India Movement and several other
developments shook the roots of British rule in
India and it was quite evident that British would
be leaving India soon.
▪ Cabinet Mission Plan (1946) proposed the
scheme for the composition of Constituent
Assembly and work on Constitution making for
Independent India started in December 1946.
▪ The first Interim National Government was
announced on 24th August 1946.
- The members of the interim Government
were members of the Viceroy’s Executive
Council.
- The Viceroy continued to be the head of the
Executive Council.
- But Jawaharlal Nehru was designated as the
Vice-President of the Council.
▪ Mountbatten (1947) prepared a plan for the
Independence of India along with Partition.
INDIAN INDEPENDENCE ACT OF 1947
It was the final Act of the British Parliament for
India. It was enacted to give effect to Mountbatten
plan (June 1947).
INDEPENDENCE WITH PARTITION
1. It provided for the Independence of India and
ended the British rule.
2. It provided for two dominion states: India and
Pakistan.
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3. It provided for partition of Punjab & Bengal and
separate boundary commissions to demarcate
the boundaries between them.
4. It provided, for each dominion, a Governor-
General, who was to be appointed by the British
King on the advice of the dominion cabinet.
5. It proclaimed the lapse of British paramountcy
over the Indian princely states and treaty
relations with tribal areas from August 15, 1947.
6. It abolished the office of the Secretary of state
for India.
7. It deprived the British Monarch of his right to
veto bills or ask for reservation of certain bills for
his approval. But this right was reserved for the
Governor-General.
CONSTITUTIONAL ADVANCEMENT
8. The Constituent assemblies of both the
dominions were free to make Constitutions of
their respective countries.
9. For the time being till the Constitution was made,
both of them would be governed in accordance
with the Government of India Act 1935.
10. It designated the Governor-General of India and
the provincial governors as constitutional
(nominal) heads of the states.
- They were made to act on the advice of the
respective council of ministers in all matters.
11. Those Civil servants who had been appointed
before the August 15, 1947, will continue in
service with same privileges.
On 15th August 1947 British rule came to an end.
India became independent and Constituent
Assembly of India formed in 1946 became the
Parliament of the Indian Dominion.
TEST YOUR PROGRESS
Q. The edifice of Indian Constitution is built on
the foundations of its past. Discuss
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MAKING OF THE INDIAN
CONSTITUTION
Indian Constitution was made by the Constituent
Assembly elected indirectly by members of
provincial legislative assemblies that had been
established under the Government of India Act,
1935.
▪ Initially it had members from undivided India but
after partition only members from Indian
dominion were present.
▪ Indian Constitution was drawn up under very
difficult circumstances. The making of the
Constitution for a huge and diverse Country like
India was not an easy affair.
DEMAND FOR INDEPENDENT
CONSTITUENT ASSEMBLY
Although the making of Constitution of India began
in December 1946, the demand for Constitution of
India by independent Indian constituent assembly
started way back.
▪ The concept of a Constituent Assembly had
always been linked with the growth of National
movement in India.
NATIONALIST’S DEMAND
▪ In 1922, Mahatma Gandhi, in an article titled
“Independence” published in Young India,
indicated that the Constitution of India would be
drafted by the Indians.
▪ In 1923, at a conference attended by the
members of the Central and provincial
legislatures outlined essential elements of a
Constitution of dominion India.
▪ In response to Lord Birkenhead’s challenge, the
Nehru report, submitted in August 1928, was an
outline of draft Constitution for India.
- It was the first definite attempt by Indians to
frame a full-fledged Constitution for their
country.
- It was based on the principle of dominion
status with full responsible Government on
the Parliamentary pattern.
- It included a chapter of justiciable rights.
▪ In 1934 the idea of a Constituent Assembly for
India was put forward for the first time by M. N.
Roy, a pioneer of communist movement in India.
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▪ In 1935, the Indian National Congress (INC), for 2. It included fifteen women. Prominent ones were
the first time, officially demanded a Constituent Hansa Mehta, Renuka Ray and Begum Aizaz
assembly to frame the Constitution of India. Rasul.
- It was a result of the failure of Round Table
SEAT ALLOCATION
Conferences and 1935 Act to satisfy the
3. Out of 393, 296 seats were allotted to British
demand of Nationalists.
India and 93 seats to the Princely States.
▪ The same demand was reiterated in the Haripura
4. Further under 296 seats allotted to the British
session of 1938. Jawaharlal Nehru stated that:
India, 292 members were to be drawn from the
eleven governors’ provinces and four from the
“The National Congress stands for Independence
four chief commissioners’ provinces, one from
and democratic state. It has proposed that the
each.
Constitution of free India must be framed, without
5. The seats in each Province were distributed
outside interference, by a Constituent Assembly
among the three main communities, Muslims,
elected on the basis of adult franchise.”
Sikhs and general, in proportion to their
respective populations.
▪ After the outbreak of World War II, the demand
6. Each Province and each Princely State or group
for Constituent Assembly was reiterated in a
of States were allotted seats proportional to
statement issued by Congress in 1939.
their respective population roughly in the ratio
▪ Gandhiji in 1939 declared that the only solution
of 1:10,00,000.
of communal and other problems was a
Constituent Assembly. ELECTION METHOD
7. Members of each community in the Provincial
BRITISH RESPONSE
Legislative Assembly elected their own
▪ From the British side, August Offer (August 1940)
representatives by the method of proportional
made the first in principle approval of the
representation with single transferable vote.
Constituent Assembly, where mainly Indians
8. The representatives of princely states were to
would decide their constitution.
be nominated by the heads of the princely
- This offer was rejected by Indian Nationalist.
states.
▪ Cripps Mission (March 1942) also provided for
Thus, final Constituent Assembly was to be a partly
establishment of Constituent assembly.
elected and partly nominated body.
- This idea was rejected by both Congress and
▪ Elections for the 296 seats assigned to the British
Muslim league due to various differences.
Indian provinces were completed by August
▪ After the rejection of the Cripps proposals,
1946.
various attempts to reconcile Indians were made
▪ The Congress won 208 seats, Muslim league 73
including the Shimla Conference initiated by
and other 15 seats.
Lord Wavell.
▪ The representatives of the princely states
▪ Finally, Cabinet Mission (May 1946) provided a
generally stayed away from the Constituent
plan for the establishment of Constituent
Assembly until Independence.
assembly which more or less satisfied Congress
▪ Although, the members of the Assembly were
as well as Muslim league.
not elected by universal suffrage, there was a
- It adopted a very practicable course by
serious attempt to make the Assembly a
utilising the recently elected Provincial
representative body.
legislative assemblies as election bodies.
▪ Members of all religions were given
representation under the scheme described
CABINET MISSION PLAN FOR THE above; in addition, the Assembly had twenty-
eight members from the Scheduled Castes.
CONSTITUENT ASSEMBLY
CHANGES MADE BY THE INDIAN
COMPOSITION OF CONSTITUENT ASSEMBLY INDEPENDENCE ACT OF 1947
1. Strength- There would be 389 seats in
Constituent assembly having members from As per the Act, India became independent but with
British provinces as well as Princely States. partition.
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▪ The Constitution was thus framed against the adopted after considerable debate and deliberation
backdrop of the horrendous violence that the in the Assembly on January 22, 1947.
partition unleashed on the subcontinent. ▪ It influenced the eventual shaping of the
▪ This Act led to the following changes in the Constitution through all its subsequent stages.
Constituent Assembly established in 1946:
FEATURES
1. Constituent Assembly from now became a fully
1. India is an independent, sovereign, republic;
sovereign body, which could frame any
2. India shall be a Union of erstwhile British Indian
Constitution it pleased.
territories, Indian States, and other parts
- It can abrogate or alter any law made by the
outside British India and Indian States as are
British Parliament applying to India,
willing to be a part of the Union;
including the Indian Independence Act itself.
3. All powers and authority of sovereign and
2. As a consequence of the Partition, those
independent India and its constitution shall flow
members who were elected from territories
from the people;
which fell under Pakistan ceased to be members
4. All people of India shall be guaranteed and
of the Constituent Assembly.
secured social, economic, and political justice;
3. The number of members in the Assembly was
equality of status and opportunities and
reduced to 299.
equality before law; and fundamental freedoms
- Out of these, 229 were from British India and
- of speech, expression, belief, faith, worship,
70 from princely states.
vocation, association, and action subject to law
4. The Constituent Assembly also became a
and public morality;
legislative body (first Parliament of free India).
5. The minorities, backward and tribal areas,
- Two separate functions were assigned to the
depressed and other backward classes shall be
Assembly, which is, making of a constitution
provided adequate safeguards;
for free India and enacting of ordinary laws
6. The land would make full and willing
for the country.
contribution to the promotion of world peace
- Whenever the Assembly met as the
and welfare of mankind;
Constituent body it was chaired by Dr.
7. The territorial integrity of the Republic and its
Rajendra Prasad and when it met as the
sovereign rights on land, sea and air shall be
legislative body, it was chaired by G. V
maintained according to justice and law of
Mavlankar.
civilized nations;
5. The representatives of most of the princely
Modified version of Objective resolution forms the
states took their seats in the Assembly.
Preamble of the present Constitution.
Thus, the Constituent Assembly became a fully COMMITTEES OF THE CONSTITUENT
representative body of the princely states and ASSEMBLY
provinces.
Constituent Assembly appointed both major as well
WORKING OF THE CONSTITUENT as minor committees to deal with various tasks of
ASSEMBLY Constitution making.
▪ Each Committee usually drafted particular
Constituent assembly held its first meeting on provisions of the Constitution which were then
December 9, 1946, with 211 members attending. subjected to debate by the entire Assembly.
Muslim League did not attend it. ▪ The Committees worked hard in a business-like
manner and produced valuable reports.
OBJECTIVE RESOLUTION
▪ The Constituent Assembly appointed a total of
The philosophy/horoscope underlying the Indian
around 22 committees to deal with different
Constitution was embodied in the Objective
tasks of constitution-making.
Resolution. Main points related to it are:
▪ Out of these, eight were major committees and
MOVED BY the others were minor committees.
It was moved in the Constituent Assembly on
MAJOR COMMITTEES
December 13, 1946 by Pt. Jawaharlal Nehru and

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Committee Headed by - It was again modified subsequently.
1. Union Powers Committee Jawaharlal Nehru ▪ Final Draft Constitution was prepared by the
2. Union Constitution Committee Jawaharlal Nehru committee and submitted to the Assembly on 4
3. States Committee Jawaharlal Nehru November 1948.
4. Drafting Committee Dr. B.R. Ambedkar
- It was debated and over 2000 amendments
5. Rules of Procedure Committee Dr. Rajendra Prasad
6. Steering Committee Dr. Rajendra Prasad were moved over a period of one year.
7. Provincial Constitution Committee Sardar Patel - The clause by clause consideration of the
8.Advisory Committee on Sardar Patel draft Constitution was completed during 15
Fundamental Rights, Minorities, November 1949 – 17 October 1949.
Tribal and Excluded Areas - The Preamble was last to be adopted.
MINOR COMMITTEES
They were headed by both assembly members and DELIBERATIONS AND FINALISATION
OF INDIAN CONSTITUTION
non-assembly members. Few among the important
minor committees were Each member deliberated upon the Constitution
with the interests of the whole nation in mind.
Committee Headed by ▪ Almost every issue that lies at the foundation of
1. Finance and Staff Committee Dr. Rajendra Prasad
a modern state was discussed with great
2. Credentials Committee Alladi Krishnaswami
Ayyar sophistication.
3. Order of Business Committee Dr. K.M. Munshi ▪ The members of the Assembly placed a great
4. Press Gallery Committee Usha Nath Sen emphasis on discussion and reasoned
5. Linguistic Provinces Commission S.K. Dar argument.
6. House Committee B. P. Sitaramayya ▪ Some provisions were subjected to the vote.
7. Committee on Citizenship S. Varadachari
▪ Only one provision of the Constitution was
8. Ad-hoc Committee on National Dr. Rajendra Prasad
Flag
passed without virtually any debate: the
9. Ad-hoc Committee on Supreme S. Varadachari introduction of universal suffrage.
Court ▪ The sessions were open to the press and the
10. Press Gallery Committee Usha Nath Sen public alike.
11. Committee on Chief B. P. Sitaramayya ▪ In all, the Constituent Assembly had 11 sessions
Commissioners provinces
over 2 years, 11 months, and 18 days.
DRAFTING COMMITTEE ENACTMENT OF THE CONSTITUTION
It was one of the most important committee of The Final reading of the draft started on November
constituent assembly headed by Dr. B.R. Ambedkar 14, 1949.
and assisted by Sir B.N. Rau. ▪ The motion on Draft Constitution was declared
▪ It was setup on 29 August 1947. It consisted of 6 as passed on November 26, 1949 and received
other members namely the signatures of the members and the
- N Gopalaswamy Ayyangar, president.
- Alladi Krishnaswamy Ayyar, ▪ 26 November 1949 is mentioned in the Preamble
- Dr K M Munshi, as the date on which the people of India in the
- Syed Mohammad Saadullah, Constituent Assembly adopted, enacted, and
- N Madhava Rau, gave to themselves this Constitution.
- T.T. Krishnamachari ▪ The Constitution as adopted on November 26,
▪ The first draft Constitution prepared by the 1949, contained a Preamble, 395 Articles and 8
Drafting Committee was submitted to the Schedules.
Constituent Assembly in February 1948.
- A large number of comments, criticisms, and Dr. B.R. Ambedkar is recognised as the ‘Father of the
suggestions for the amendment of the draft Constitution of India’ and “Modern Manu” for his
Constitution were received. contribution in the enactment of Constitution.
- The Drafting Committee considered all these
and incorporate necessary changes. ENFORCEMENT OF THE CONSTITUTION
▪ The Drafting Committee issued second Draft ON 26 TH NOVEMBER 1949
Constitution in October 1948.
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Some provisions relating to citizenship, elections,
provisional parliament, temporary and transitional
provisions, and short title in the Indian Constitution
came into force on November 26, 1949 itself.
ON 26 TH JANUARY 1950
▪ The Assembly met once again on 24 January
1950, when the members appended their
signatures to the Constitution of India
▪ Major part of the Constitution containing
remaining provisions came into force on 26th
January 1950.
- January 26 was specifically chosen as the
‘date of commencement’ of the Constitution
because of its historical importance.
- It was on this day in 1930 that Purna Swaraj
day was celebrated, following the resolution
of the Lahore Session (December 1929) of
the Indian National Congress.
▪ The Constitution of India came into force on 26
January 1950.
- On that day, the Assembly ceased to exist,
transforming itself into the Provisional
Parliament of India until a new Parliament
was constituted in1952.
AUTHORITY OF THE CONSTITUTION
The Constitution drew enormous legitimacy from
the fact that
▪ It was drawn up by people who enjoyed
immense public credibility, who had the
capacity to negotiate and command the respect
of a wide cross-section of society.
▪ In a way, the Constituent Assembly was giving
concrete shape and form to the principles it had
inherited from the nationalist movement.
▪ Indian Constitution gives everyone a reason to
go along with its broad outlines.
▪ The Indian Constitution is described as ‘a living’
document.
- By striking a balance between the possibility
to change the provisions and the limits on
such changes, the Constitution has ensured
that it will survive as a document respected
by people.
OTHER FUNCTIONS PERFORMED BY
CONSTITUENT ASSEMBLY
Constituent assembly also performed the following
important functions;
▪ It adopted the National Flag on July 22, 1947 and
the National Anthem and National Song on
January 24, 1950.
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▪ It elected Dr Rajendra Prasad as the first
President of India on January 24, 1950.
▪ It ratified India’s membership of the
Commonwealth in May 1949.
▪ Drafting of ordinary legislation for the country.
- For the first time, the Constituent Assembly
met as Dominion Legislature on November
17, 1947 and elected G. V Mavlankar as its
speaker.
IMPORTANT FACTS
Dr Sachchidanand Sinha, the oldest member, was
elected as the temporary President of the Assembly
(French practice).
▪ Elected President- Dr. Rajendra Prasad
▪ Vice President-Two were there, H.C. Mukherjee
and V.T. Krishnamachari
▪ Constitutional advisor- Sir B.N. Rau
▪ Symbol (seal)- Elephant
▪ Secretary - H.V.R. Iyengar
▪ Calligrapher- Prem Behari Narain Raizada
▪ Chief draftsman of the Constitution- S.N.
Mukerjee
▪ The total expenditure incurred on making the
Constitution amounted to Rs. 64 lakh.
▪ Mahatma Gandhi was not the part of
constituent assembly.
▪ The original version was beautified and
decorated by artists from Shanti Niketan
including Nand Lal Bose and Beohar
Rammanohar Sinha.
CRITICISM OF CONSTITUENT
ASSEMBLY
Every great step in the history is followed by the
criticism of the same. In the same manner, the
Constituent Assembly was also criticized. Some of
the points included:
1. Constituent Assembly was not a representative
body as its members were not directly elected
by the people of India.
2. As it was created on the proposals of the British
Government, some people did not consider it as
a Sovereign body.
3. When compared it to the framers of the
American Constitution, who constituted the
American Constitution in 4 months, the Indian
Constituent Assembly took too much time.
4. Critics stated it as a “Lawyer-Politician
Domination.”
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5. It was mostly dominated by Congress.
6. According to some critics, the Constituent
Assembly was a Hindu dominated body.
The Indian Constitution was the result of mutual
accommodation, compromise, and wide-ranging
consensus.
▪ The makers of the Constitution realized that it
was necessary to balance interests of various
ethnic diversities and to subsume them under
the overall Indian National identity.
▪ When they failed to arrive at an acceptable
consensus, they agreed to postpone the
problem as in the case of language issue.
The Institutions and principles embodied in the
Constitution broadly matches with the political
structure of or country.
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FEATURES OF INDIAN
CONSTITUTION
Constitution is the Fundamental Law of any country
which sets out the framework and the principal
functions of various organs of the Government.
▪ Indian constitution has following features which
make it unique in terms of content and spirit.
LENGTHIEST AND BULKIEST
WRITTEN CONSTITUTION OF THE
WORLD
The Indian Constitution has the distinction of being
the most lengthy and detailed written
Constitutional document in the world.
▪ The Constitution as adopted on November 26,
1949, contained a Preamble, 395 Articles and 8
Schedules.
▪ More than 100 amendments since its adoption
further increased its size.
▪ At present it consists of a Preamble, about 465
Articles (divided into 25 Parts) and 12
Schedules.
▪
1. About 90 Articles 1. About 20 Articles
2. Four Schedules 2. One Part (VII)
(9,10,11 and 12)
3. Four parts (IVA,
IXA, IXB, XIVA)
FACTORS RESPONSIBLE FOR BULKINESS
▪ It incorporate the accumulated experience
gained from the working of all the known
Constitutions at that time.
▪ Vast size and large diversity of India
▪ There is a single Constitution for Centre as well
as States
▪ Due to dominance of lawyers in Constituent
Assembly
▪ Legacy of Government of India Act of 1935.
▪ It contains administrative as well as governance
provisions.
▪ It covers most of the parliamentary conventions
otherwise followed in unwritten way.
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▪ The Constitution makers did not want to leave
certain matters subject to doubts, difficulties
and controversies that might affect the working
of infant democracy.
CONSTITUTION AS LIVING
DOCUMENT
Our Constitution is not a static document, it is not
the final word about everything; it is not
unalterable.
▪ Indian Constitution presents a beautiful blend of
flexibility and rigidity.
▪ authority by delegation from the Centre.
▪ Flexibility means some of its provisions can be
amended in a manner similar to ordinary laws.
- It is for adopting to and managing the
evolving situations and to rectify mistakes.
- Some provisions of the Constitution can be
amended by a simple majority of the
Parliament in the manner of ordinary
legislative process.
▪ Rigidity guarantees that those features which
are central to the spirit of the Constitution
should be protected from change (Amendment
procedures are discussed in later chapter).
- Article 368 provides for special procedure
for amending important provisions of the
Constitution.
POWER TO PARLIAMENT
▪ Constitution makers favoured flexibility by
giving power to the Parliament only for
supplementing the provisions of the Indian
Constitution.
▪ In various Articles, the Constitution prescribes
only basic principles and empowers Parliament
to make legislation on them.
- For example, Citizenship matters, Article 11
vests power in Parliament to legislate on this
subject.
▪ One of the main advantage of this flexibility is
that the Parliamentary legislation may be
modified as per the future needs, without
amending the Constitution.
▪ To ensure adaptability of the Constitution, ease
of change is favoured.
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MIXTURE OF FEDERALISM AND
UNITARIANISM
Constitutions are divided into Unitary and Federal
on the basis of the nature of relations between the
national Government and the regional
Governments.
UNITARY CONSTITUTION
In a Unitary Constitution, all powers are vested in
the Central (National) Government to which the
authorities in units are subordinate.
▪ The units function as the agents of the
Government at the Centre and exercise
▪ For example, British Constitution.
FEDERAL CONSTITUTION
In a federal polity, usually, there is a rigid, written
Constitution, which specifically divide powers
between the Central Government and the
Governments of the units.
▪ The Central and unit Governments exercise
powers in their respective spheres
independently, as in USA.
INDIAN CONSTITUTION
While describing India as a Union of States, the
Constitution provides for a federal structure with a
unitary spirit.
▪ Scholars describe India as a ‘Quasi-Federation’
(K.C. Wheare) or as ‘a federation with a unitary
bias, or even as ‘a Unitarian federation.’
LIKE A FEDERATION, THE CONSTITUTION OF INDIA
PROVIDES FOR:
1. Dual polity consisting the Union at the Centre
and the states at the periphery.
2. Structure, organisation, powers, and functions of
both the Central and State Governments and
limits within which they must operate.
3. Division of Powers between Centre and states.
4. Rigidity to the extent that provisions concerned
with the federal structure can be amended only
by the joint action of both.
5. Bicameralism consist of Rajya Sabha (represents
the states of Indian Federation) and Lok Sabha.
6. Independent judiciary with the power to decide
Centre-state disputes.
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▪ Above all, the written and supreme nature of
Indian Constitution is a manifestation of federal
system.
- The organs of the Government at both the
levels must operate within the jurisdiction
prescribed by the Constitution.
- Written nature of Constitution avoids the
misunderstandings and disagreements
between the Centre and states.
▪ The framers adopted the federal features due to
vastness of the country and its socio-cultural
diversity.
▪ It ensures the efficient governance of the
country and also manages national unity with
regional autonomy.
UNITARY SPIRIT OF INDIAN CONSTITUTION IS
REFLECTED BY:
1. Inequitable distribution of power with strong
inclination towards Centre.
- The Union List contains more subjects than
the State List.
- The Centre has overriding authority over the
Concurrent List.
- The residuary powers rest with the Centre.
2. Single Constitution for Centre as well as states.
3. Flexibility provided to Parliament to amend bulk
of the Constitution unilaterally.
- The power to initiate an amendment to the
Constitution lies only with the Centre.
- Very few amendments require consent of the
states and that too of half.
4. There is unequal representation of states in the
Rajya Sabha, with Uttar Pradesh having 31 seats
and smaller states having only 1.
5. Emergency provisions.
- When emergency is in operation, the Central
Government becomes all powerful and the
States go into the total control of the Centre.
- It converts the federal structure into unitary
one.
6. Presence of Integrated Judicial system.
- This single integrated system of courts
enforces both the Central laws as well as the
state laws.
7. Integrated audit and election machinery.
- The Comptroller and Auditor-General of
India audits the accounts of Central
Government as well as those of the states.
- The Election Commission of India conducts
elections to the Central legislature and also
to the state legislatures.
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8. Governor in states are appointed by the
President of India.
9. System of Single Citizenship.
10. All India Services violate the principle of
federalism under the Constitution.
- The members of these services are recruited
and trained by the Centre which also possess
ultimate control over them.
CONSTITUTIONAL STATUS
▪ As per the Article 1 of the Indian Constitution
“India is a Union of States’”.
▪ The term ‘federation’ has nowhere been used in
the Constitution.
▪ According to Dr B. R Ambedkar, the phrase
‘Union of States’ has been preferred to
‘Federation of States’ to indicate two things:
(I) the states had not come into any agreement
to form the Indian federation like the American
federation;
(II) No states have right to secede from the
federation. The federation is union because it is
indestructible.
COOPERATIVE FEDERALISM
In Cooperative federalism the Centre and states
share a horizontal relationship, where they
“cooperate” in the larger public interest.
▪ It is an important tool to enable states’
participation in the formulation and
implementation of national policies.
▪ Indian Constitution had provided for the
cooperative federalism in the Inter-state council
and Schedule VII.
▪ Zonal Councils, GST Council and NITI Aayog are
important agencies promoting it.
COMPETITIVE FEDERALISM
In Competitive federalism the relationship between
the Central and State Governments is vertical and
between State governments is horizontal.
▪ In Competitive federalism States need to
compete among themselves and also with the
Centre for benefits.
▪ States compete with each other to attract funds
and investment, which facilitates efficiency in
administration and enhances developmental
activities.
▪ Competitive federalism is not yet embraced by
all the states. But a handful of states are clearly
taking steps to strengthen their position.
So, the federalism in India represents a balance
between the following two positions:
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 1. Under normal situation there is normal 2. Independence of judiciary
division of powers under which states enjoy 3. Judicial review
4. Impeachment of the
autonomy within their own spheres; President
2. Need for national integrity and a strong 5. Removal of Supreme Court
Union Government under exceptional and high court judges
circumstances. 6. Post of Vice president
Irish Constitution 1. Directive Principles of State
Policy
2. Nomination of members to
PROVISIONS ADOPTED FROM Rajya Sabha
CONSTITUTIONS OF DIFFERENT 3. Method of election of
President
COUNTRIES Canadian Constitution 1. Federation with a strong
Centre
The Indian Constitution has borrowed provisions 2. Vesting of residuary powers
from various countries and modified them in the Centre
according to the suitability and requirements of the 3. Appointment of state
country. governors by the Centre
4. Advisory jurisdiction of the
▪ Thus the Indian Constitution is remarkable for
Supreme Court
many of its unique features even though it has Germany Constitution Suspension of fundamental rights
been prepared after “ransacking all the known during emergency
Constitutions of the world”. Australia Constitution 1. Concurrent List
▪ Constitution makers done well in gathering the 2. Freedom of trade, commerce
and intercourse
best features of existing Constitutions.
3. Joint sitting of the two
Houses of Parliament
Soviet Constitution 1. Fundamental duties
Structural Part
2. Ideal of justice in preamble
from GoI Act,
1935 French Constitution 1. Republic
2. Ideals of liberty, equality and
Philosphical fraternity
Political Part
Part from
from British South African 1. Procedure for amendment of
American
Constitution constitution Constitution the Constitution
2. Election of members of Rajya
Sabha
Indian Japanese Constitution Procedure established by law
Constitution

BALANCING RIGHTS AND DUTIES OF

Various other provisions were drawn as follows;
Sources Features borrowed
Government of India 1. Federal Scheme
Act of 1935 2. Office of Governor
3. Judiciary
4. Public Service Commissions
5. Emergency provisions
6. Administrative details
British Constitution 1. Parliamentary government,
2. Rule of Law
3. Legislative procedure
4. Single citizenship
5. Cabinet system
6. Prerogative writs,
7. Parliamentary privileges
8. Bicameralism
US Constitution 1. Fundamental rights
THE CITIZENS
FUNDAMENTAL RIGHTS
Indian Constitution provides for the fundamental
rights to its citizens without any discrimination.
These rights try to establish ideals of political
democracy.
▪ Part III of Indian Constitution contains
exhaustive list of six fundamental rights
(originally seven) covering very vast scope.
▪ They uphold the principles of equality of all
individuals, the dignity of the individual, the
larger public interest and unity of the nation.
▪ They are defended and guaranteed by the
Supreme Court, hence, justiciable.

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▪ Any law or executive order which offends
against fundamental rights is liable to be
declared void by the Supreme Court or the High
Court.
▪ However, they are not absolute but qualified.
The State can impose reasonable restrictions on
them.
- Constitution makers incorporated the
restrictions on each right within the relevant
provisions themselves to avoid any
confusion.
•Right to Equality
Article
14-18
Article •Right to Freedom
19-22
Article •Right against exploitation
23-24
Article •Right to freedom of Religion
25-28
Article •Cultural and Educational Rights
29-30
•Right to Constitutional Remedies
Article 32
FUNDAMENTAL DUTIES
A set of ten fundamental duties were incorporated
in the Constitution through 42nd Constitutional
Amendment Act of 1976.
▪ It ensures that citizens while enjoying
fundamental rights also need to be conscious
about their duties towards the state and fellow
citizens.
▪ These duties were included based on the
recommendations of Swaran Singh Committee.
▪ 86th Constitutional Amendment Act of 2002
added one more fundamental duty.
▪ Article 51 A under Part IVA of the Indian
Constitution contains 11 fundamental duties.
▪ As citizens, we should abide by the Constitution,
defend our country, promote harmony among all
citizens, and protect the environment.
▪ However, the Constitution does not say
anything about enforcing these duties.
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DIRECTIVE PRINCIPLES OF STATE
POLICY
They are the guidelines incorporated in the
Constitution to serve as the guiding force for policy
formulations by state.
▪ Part IV of the Indian Constitution contains a
detailed chapter on Directive Principles. It lists
three things;
1. Goals and objectives our society should
adopt
2. Certain rights that Individual should enjoy
other than fundamental rights.
3. Certain policies that the Government should
adopt
▪ Directive Principles include the right to
education, formation of Panchayati raj
institutions all over the country, partial right to
work under employment guarantee programme
etc.
▪ Directive Principles resemble the ‘Instrument of
Instructions’ enumerated in the Government of
India Act of 1935.
▪ These principles tries to establish ideals of social
and economic democracy. Their aim is to create
“welfare state” in India.
ADOPTING PARLIAMENTARY FORM
OF GOVERNMENT
Governments are divided into Presidential or
Parliamentary on the basis of the nature of relations
between the executive and the legislative organs of
the Government.
PRESIDENTIAL FORM OF GOVERNMENT
It is one in which the executive is not responsible to
the legislature for its policies and acts and is
constitutionally independent of the legislature in
respect of its term of office.
- For example, American form of Government.
PARLIAMENTARY FORM OF GOVERNMENT
In the Parliamentary form of Government, the
executive is directly responsible to the legislature
for its policies and acts.
- For example, U.K and India.
WHY PARLIAMENTARY FORM IN INDIA?
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Constitution makers gave preference to British
parliamentary system for Centre as well as states
over American Presidential system due to following
reasons;
1. This system ensures harmony between
legislative and executive organs of the
Government.
- Constitution makers rejected Presidential
form on the ground that separation of
Executive from legislature would likely
cause conflict between them, which infant
democracy could ill afford to risk.
2. During British rule, Indians became familiar with
this form of Government.
3. It gives more credence to responsibility over
stability.
- Presidential form of Government is more
stable but Parliamentary from ensures
responsibility.
4. It provides scope for wide representation of
diverse identities in the Government.
- Parliamentary system offers greater scope
for giving representation to various section,
interests, and regions in the government.
- This promotes a national spirit among the
people and builds a united India.
5. Executive authority is vested in a group of
individuals (council of ministers) and not in a
single person. So, it prevents authoritarian
tendencies.
6. It prevents vacuum as there is always ready
alternate Government in case ruling power loses
majority.
FEATURES OF PARLIAMENTARY FORM
Parliamentary system, also known as the
‘Westminster’ model of Government, responsible
Government and Cabinet Government is
characterised by following features.
1. Presence of both nominal and real executives.
- The President is the nominal executive (de
jure executive or titular executive) while the
Prime Minister is the real executive (de facto
executive).
2. Government is formed by that party which
secures majority of votes in election for Lok
Sabha.
3. Collective Responsibility of ministers to
Parliament is the bedrock feature of this system.
- As per Article 75 of Indian Constitution, the
ministers are collectively responsible to the
20 | Page WWW.EDUTAP.CO.IN
Parliament in general and to the Lok Sabha
in particular.
- Ministers hold the office till they enjoy
confidence in the Parliament.
4. It provides for double membership for ministers
of cabinet.
- They are part of executives as well as
member of legislature.
5. The role of Prime minister is very important.
- He is the head of the Government and leads
his cabinet.
6. Executive enjoys the right to get the legislature
dissolved in a Parliamentary system.
- The Lok Sabha can be dissolved by the
President on recommendation of the Prime
Minister.
7. There is homogeneity in political thoughts of
party forming the Government.
8. The ministers operate on the principle of
secrecy of procedure and cannot divulge
information about their proceedings, policies,
and decisions.
DIFFERENCES WITH BRITISH SYSTEM
Although Constitution makers preferred British
System, they made some suitable changes in it as
per Indian scenario. These are:
1. While Britain has Monarchical system, India
follows Republican system in its place. So, our
head of state (President) is elected one not
hereditary (King or queen).
2. There is synthesis of Parliamentary Sovereignty
and Judicial Supremacy in India. Britain follows
the principle of Parliamentary sovereignty only.
QUICK FACT
Principle of Judicial supremacy is an American concept that
states that “courts are supreme over the other two
branches of Government and the Constitution”.
3. In India head of Government (Prime Minister)
can be a member of Lower house or Upper
house, however, in Britain he should be a
member of Lower house only.
4. Principle of Legal responsibility is not followed
in India. Indian ministers did not need to
countersign their official acts.
5. Usually, the members of Parliament alone are
appointed as ministers in Britain.
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 - In India, a person who is not a Member of
Parliament can also be appointed as minister,
but for a maximum period of six months.
INTEGRATED AND INDEPENDENT
JUDICIARY
The Indian Constitution establishes a judicial system
that is integrated as well as independent.
INTEGRATED JUDICIARY
▪ The Constitution of India provides for a single
integrated judicial system. This means that
unlike some other federal countries of the world,
India does not have separate State courts.
▪ The structure of the judiciary in India is
pyramidal with the Supreme Court at the top,
High Courts below them and district and
subordinate courts at the lowest level.
▪ The entire judiciary is one hierarchy of courts,
which implement both Central as well as State
laws.
INDEPENDENT JUDICIARY
▪ Simply stated independence of judiciary means
that;
1. The other organs of the Government like the
executive and legislature must not restrain
or interfere the functioning of the judiciary.
2. Judges must be able to perform their
functions without fear or favour.
▪ Indian Constitution has ensured the
independence of the judiciary through a number
of measures like
1. The legislature is not involved in the process
of appointment of judges.
2. The judges have a fixed tenure.
3. Security of tenure ensures that judges could
function without fear or favour.
4. The judiciary is not financially dependent on
either the executive or legislature.
5. The actions and decisions of the judges are
immune from personal criticisms.
6. Parliament cannot discuss the conduct of
the judges except when the proceeding to
remove a judge is being carried out.
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UNIVERSAL ADULT FRANCHISE
Adult franchise means that the right to vote should
be given to all adult citizens without the
discrimination of caste, class, colour, religion, or sex.
CONSTITUTIONAL POSITION
▪ India adopted the principle of Universal adult
franchise when the present Constitution was
enacted in 1949.
▪ It was in tune with the concept of ‘popular
sovereignty’, which forms the basis of Indian
democratic system.
▪ The elections to the Lok Sabha and to the
Legislative Assembly of every State shall be on
the basis of adult suffrage.
▪ Every citizen of India who is not less than 18
years of age has a right to vote.
- Earlier it was 21. However, 61st
Constitutional Amendment reduced the
voting age to 18.
WHY ADULT FRANCHISE
It makes our democracy broad-based, enhances the
self-respect and prestige of the common people,
and upholds the principle of equality and provides
protection to the minorities.
SYSTEM OF SINGLE CITIZENSHIP
Indian Constitution provides for Single citizenship
only. There is no separate state citizenship.
▪ The citizens in India owe allegiance only to the
Union.
▪ It was followed with the aim of building an
integrated Indian fraternity and a united nation.
▪ All citizens irrespective of the state to which they
belong enjoy the same political and civil rights
all over the country.
▪ This is unlike USA, where a citizen is a citizen of
USA and the state in which he/she resides.
QUICK FACT
Article 9 of Indian Constitution- “No person shall be a citizen
of India or be deemed to be a citizen of India, if he has
voluntarily acquired the citizenship of any foreign state”.
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SYSTEM OF LOCAL GOVERNMENT-
PANCHAYATS AND MUNICIPALITIES
Local Government is Government at the village and
district level. The organisation of local Governments
is an important step in the direction of
democratisation.
BACKGROUND
▪ When the Constitution was prepared, the
subject of local Government was assigned to
the States.
▪ Later it was felt that the subject of local
Government including panchayats did not
receive adequate importance in the
Constitution.
▪ In this background, a three-tier Panchayati Raj
system of local Government was recommended
for the rural areas.
▪ But in many States those local bodies did not
have enough powers and functions to look after
the local development.
73 RD AND 74 TH CONSTITUTIONAL AMENDMENT ACTS
These Amendment Acts (1992) have given
Constitutional recognition to local Government
which is not found in any other Constitution of the
world.
▪ 73rd amendment is about rural local
Governments (Panchayati Raj Institutions).
▪ 74th amendment made the provisions relating to
urban local Government (Municipalities).
▪ The 73rd and 74th Amendments came into force
in 1993.
▪ They added two new parts (IX A and IX B) and
schedules (11 & 12) in the Indian Constitution.
INDEPENDENT AGENCIES AS
BULWARKS OF CONSTITUTION
Certain agencies are given Constitutional
recognition and exhaustive powers by Indian
Constitution to work as bulwarks of Indian
democracy. These are;
ELECTION COMMISSION
▪ It is an autonomous authority responsible for
administering free and fair election processes in
India at national and state level.
▪ It administers elections to the Lok Sabha, Rajya
Sabha, State Legislative Assemblies, State
22 | Page WWW.EDUTAP.CO.IN
legislative Councils, and the offices of the
President and Vice President of the country.
COMPTROLLER AND AUDITOR-GENERAL
▪ It is an authority, established to audit all receipts
and expenditure of the Government of India
and the state Governments, including those of
bodies and authorities substantially financed by
the Government.
UNION PUBLIC SERVICE COMMISSION
▪ It is India's premier central recruiting agency.
▪ It is responsible for appointments to and
examinations for All India services and group A
& group B of Central services.
STATE PUBLIC SERVICE COMMISSION
▪ State Public Service Commission (SPSC) are
formed to carry out tasks of recruitment of
suitable persons for various administrative
vacancies under the State Government.
SECULAR STATE
Secularism refers to Separation of Religion from the
state.
▪ The Indian Constitution allows individuals the
freedom to live by their religious beliefs and
practices.
▪ With the 42nd Amendment of the Constitution of
India enacted in 1976, the Preamble asserted
that India is a secular nation.
▪ Secular character of the Indian Constitution
stands as basic feature of it and cannot be
amended by any act.
IMPORTANT POINT
Secularism is sometimes understood with two concepts -
Positive and Negative.
▪ The negative concept of secularism is the Western
concept of secularism.
- It connotes a complete separation between the
religion (the church) and the state (the politics).
- States do not aid religious institutions in the West.
- This negative concept of secularism is inapplicable
in the Indian situation where the society is
multireligious.
▪ The positive concept of secularism is reflected by India.
- The Indian Constitution embodies the positive
concept by giving equal respect to all religions or
protecting all religions equally.
- In India, both state and religion can, and often do,
interact, and intervene in each other's affairs
within the legally prescribed and judicially settled
parameters.
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 - In India, the state provides all religious minorities
the right to establish and maintain their own SCHEDULES OF INDIAN
educational institutions which may receive CONSTITUTION
assistance from state.

EMERGENCY PROVISIONS
Emergency provisions are contained in Part XVIII of
the Constitution, from Articles 352 to 360.
▪ During an emergency, the Central Government
becomes all-powerful, and the states go into the
total control of the centre.
▪ Indian Constitution provides for three types of
emergencies.

Emergency

National State Financial

External Armed President

aggression rebellion Rule

▪ These provisions enable the Central

Government to meet any abnormal situation
effectively.
▪ They serve the following purposes;
1. Safeguard the sovereignty, unity, integrity.
2. Ensure security of the country.
3. Preserve democratic political system.
4. Safeguard the Constitutional setup.

TEST YOUR PROGRESS

Q. Constitution of India strikes a necessary
balance between rigidity and flexibility. Elucidate

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PREAMBLE OF INDIAN
CONSTITUTION
The Preamble of the Indian Constitution serves as a
brief introductory statement that sets out the
guiding purpose, principles, and philosophy of the
Indian Constitution.
▪ The inspiration and the motto of the citizens are
explained in it.
▪ It provides an insight about the mind of
Constitution makers. It embody the aims and
objectives which the founding fathers enjoined
the Indian polity to strive to achieve.
PREAMBLE IN PRESENT FORM
“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 among 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”.
IMPORTANT POINTS REGARDING PREAMBLE
▪ The Preamble of the Indian Constitution is
primarily based on the ‘Objective Resolution’
moved by Jawaharlal Nehru.
▪ The words used in the Preamble are some of the
noblest. They embody the highest values for
human welfare and development.
CAN PREAMBLE BE AMENDED?
Supreme Court in the famous Kesavananda Bharati
Case (1973), held that the Preamble can be
24 | Page WWW.EDUTAP.CO.IN
amended, subject to the condition that no
amendment is done to the ‘basic features’.
▪ Supreme Court stated that:
“The edifice of our Constitution is based upon the
basic elements mentioned in the preamble. If any of
these elements is removed, the structure will not
survive, and it will not be the same Constitution.”
▪ It has been amended only once by the 42nd
Constitutional Amendment Act (1976), which
added three new words—socialist, secular and
integrity.
- These new terms were generally clarificatory
in nature and did not make any substantial
difference to the nature of polity of India.
- Socialist, Secularism and National Integrity
were already implicit in the original
Constitution.
PART OF INDIAN CONSTITUTION
Supreme Court in the famous Kesavananda Bharati
Case (1973) also ruled that the preamble is an
integral part of our Constitution. As per the court:
- Preamble is not only a part but is of extreme
importance.
- Constitution should be read and interpreted
in the light of grand and noble vision
expressed in the Constitution.
▪ It is neither a source of power to legislature nor
a prohibition upon the powers of legislature or
other organs of the State.
▪ It is non-justiciable in nature.
- Thus, its provisions are not enforceable in
courts of law.
COMPONENTS OF PREAMBLE
Preamble of Indian Constitution provides insights
about following matters.
SOURCE OF ITS AUTHORITY
1. The phrase “We, THE PEOPLE OF INDIA”
emphasises that the Constitution is made by and
for the Indian people and not given to them by
any outside power.
▪ It is ordained by the people of India through
their representatives assembled in the
Constituent Assembly.
▪ Constitution derives its authority from the
people of India.
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▪ It also emphasizes the concept of popular
sovereignty.
2. The phrase also affirms that ‘we are one people,
people of India, and not people of different
states.’
▪ The Constitution was framed and adopted not by
people of states but by the people of whole India
in their collective capacity as one indivisible
sovereign unit.
NATURE OF INDIAN STATE
It states the nature of the Indian State, which is
Sovereign, Socialist, Secular, Democratic and
Republic.
SOVEREIGN
1. Sovereignty means the independent authority of
a State. It has two aspects- external and internal.
▪ External sovereignty of India means that it can
acquire foreign territory and also cede any part
of the Indian Territory, subject to limitations
imposed by the Constitution.
▪ Internal sovereignty refers to the relationship
between the states and the individuals within its
territory.
2. Sovereignty also means that Indian State has the
power to legislate on any subject and that it is
not subjected to control of any other State.
3. Although India declares her sovereignty to
manage her own affairs, the Indian Constitution
does not support isolationism.
- Indian Sovereignty is consistent with the
concept of ‘one world’, international peace
and amity as outlined in Article 51 of Indian
Constitution.
SOCIALIST
1. The Constitution makers did not want the
Constitution to be inclined to any particular
political ideology.
▪ They did not agree to include any reference to
Socialism. However, it was implicit in
Constitution.
- Preamble stated the resolve to secure to all
citizens economic justice and equality of
opportunity and status.
- Certain Directive Principles of State Policy
have socialist content in them.
2. So, the term was added in the Indian constitution
by the 42nd Amendment in 1976.
25 | Page WWW.EDUTAP.CO.IN
▪ Socialism as a social philosophy stresses more on
societal equality. Under it, means of production
and distribution are owned by the State.
▪ Indian Constitution does not seek to abolish the
private property altogether but seeks to put it
under restraints so that it may be used in the
interests of the nation.
▪ So, India adopted Mixed Economy, where apart
from the state, there will be private production
too.
SECULAR
By the 42nd Amendment in 1976, the term "Secular"
was also incorporated in the Preamble.
▪ It means that the Indian state will have no
religion of its own.
▪ Indian secular state, rising above all differences
of religion, attempts to secure the good of all
citizens and promotes unity and fraternity of the
people of India.
▪ Positively all persons will be equally entitled to
the freedom of conscience and the right freely
to profess, practice, and propagate the religion
of their choice.
▪ The Preamble of the Constitution read along
with Article 25 - 28 emphasis the secular aspect.
▪ Secularism is one of the important facet of the
right to equality as well.
DEMOCRACY
It indicates that the Constitution has established a
form of Government which gets its authority from
the will of the people.
▪ The rulers are elected by the people and are
responsible to them.
▪ Indian Constitution provides for representative
parliamentary democracy under which the
executive is responsible to the legislature for all
its policies and actions. It envisages:
1. Representation of the People
2. Responsible Government
3. Accountable Government
4. Periodic elections to keep a check
▪ The people of India exercises their sovereignty by
electing their representatives in Parliament at
centre and Assemblies in State.
- Adoption of universal adult franchise, rule of
law, independence of judiciary, and absence
of discrimination manifest democratic
character of Indian polity.
▪ The word 'democratic' not only refers to political
but also to social & economic democracy.
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SOCIAL DEMOCRACY
In the words of Dr. B. R. Ambedkar:
“Social democracy means a way of life which recognises
liberty, equality and fraternity. The principles of liberty,
equality and fraternity are not to be treated as separate
items in a trinity”.
▪ They form a union of trinity in the sense that to divorce
one from the other is to defeat the very purpose of
democracy.
▪ Without equality, liberty would produce the supremacy
of the few over the many. Equality without liberty,
would kill individual initiative.
▪ Economic democracy means everyone who
contributes to the production is entitled to have
his share of wages and allowances.
- Here, every contributor have a say in the
decision-making process.
REPUBLIC
In a republican form of Government, the head of
State is elected and not a hereditary monarch.
▪ Thus, India has a President who is elected and
has a fixed term of office.
▪ There is an absence of any privileged class and
hence all public offices being opened to every
citizen without any discrimination.
▪ India and USA are republics whereas Japan, UK
and North Korea are monarchical state.
▪ Democratic Republic means that the country is
republic and believes in democracy.
DATE OF THE ADOPTION OF INDIAN
CONSTITUTION
“Twenty-sixth day of November 1949” is mentioned
in the Preamble as the date on which the Constituent
Assembly adopted, enacted, and gave to
themselves this Constitution.
▪ Some provisions of the Constitution came into
force on November 26, 1949 itself.
▪ January 26, 1950 is referred to in the
Constitution as the ‘date of its commencement’
and celebrated as the Republic Day.
OBJECTIVES OF THE INDIAN STATE
JUSTICE
Justice among the citizens is necessary to maintain
order in society.
▪ The objective of justice - social, economic, and
political - has been taken from the Russian
Revolution (1917).
26 | Page WWW.EDUTAP.CO.IN
▪ Justice is promised through various provisions of
Fundamental Rights and Directive Principles of
State Policy provided by the Constitution of
India.
▪ Social Justice is the comprehensive form to
remove social imbalances by law harmonising
the rival claims of different groups.
▪ The aim of Economic justice is to make equality
of status meaningful & life worth living and
involves the elimination of glaring inequalities
in wealth, income, and property.
• Absence of privileges
Social Justice
• No social discrimination
• Equitable distribution of
Economic wealth
Justice
• Elimination of inequalities
• Right to vote
Political Justice • Right to contest in
elections
- Economic justice also mean that the rich and
poor are treated alike and efforts are made
to bridge the gap between them.
▪ Political justice implies that all citizens should
have equal political rights, equal access to all
political offices and equal voice in the
Government.
EQUALITY
It means removing all types of discriminations from
society to build a healthy environment for the
people to live in. Everyone is equal before the law.
▪ Preamble secures to all citizens
1. Equality of status
2. Equality of opportunity
▪ This provision embraces three dimensions of
equality—civic, political, and economic.
LIBERTY
▪ The term ‘liberty’ signifies;
1. The quality or state of being free.
2. Freedom from arbitrary or despotic rule.
3. Positive enjoyment of various social,
political, or economic rights and privileges.
▪ In its negative form, liberty means absence of
restraints in Individual freedom.
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▪ However, the Preamble promotes it as a ▪ It can be amended or not.
positive concept of right to liberty of thought, It was resolved through the following judgements.
expression, belief, faith, and worship.
▪ Constitution secures to all citizens of India liberty

▪
through their Fundamental Rights.
Liberty conceived by the Preamble or
1960 Berubari UnionCase
fundamental rights is not absolute but qualified.
•Supreme Court specifically opined that Preamble is
- Liberty entails the responsible use of not a part of the Constitution.
freedom under the rule of law without
depriving anyone else of their freedom. Kesavnanda Bharati
LAW AND LIBERTY 1973 Case
The general idea of law is that social rules are widely
known and act external to any one person’s • Supreme Court rejected the earlier opinion and held
that Preamble is a part of the Constitution.
personal whim.
• Preamble can be amended, subject to the condition
▪ For there to be a general state of liberty, people that no amendment is done to the ‘basic features’.
must know what their obligations and have
them enforced in a fair way.
▪ Second, without any social structure or general
rules of conduct, there would be chaos.
1995 LIC of India Case
▪ Chaos makes “liberty” quite difficult. •Supreme Court again held that the Preamble is an
▪ So, laws regulate and promotes the liberty on integral part of the Constitution.
one hand and prevents chaos on other.
FRATERNITY
This refers to a feeling of brotherhood and a sense TEST YOUR PROGRESS
of belonging among the citizens. Q. “Preamble sets out the guiding purpose,
▪ It embraces psychological as well as territorial principles and philosophy of the Indian
dimensions of National Integration. Constitution”. Comment
▪ Constitution promotes this feeling of fraternity
by the system of single citizenship and
fundamental duties.
▪ Unity and Integrity embraces psychological as
well as territorial dimensions of National
Integration.
▪ It was only through the spirit of common
brotherhood that we can hope to build national
unity in a highly pluralistic and heterogeneous
society.
▪ There is also an International aspect of fraternity
that has been elaborated in Article 51 and
promotes the ancient Indian ideal of ‘Vasudhaiv
Kutumbkam – entire world being a family’.
The ideals of liberty, equality and fraternity in our
Preamble have been taken from the French
Revolution.

IMPORTANT JUDGEMENTS RELATED

TO PREAMBLE

Initially there was two main confusion about the

Preamble;
▪ It is a part of the Constitution or not.
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AMENDMENT OF INDIAN
Types of
CONSTITUTION Amendment
The Constitution of India was adopted on 26
November 1949. Its implementation formally Through Through
started from 26 January 1950. Article Ordinary
▪ Since then, the same Constitution continues to 368 Legislation
function as the framework within which the
Government of our country operates. The Special Simple
Special majority
foremost reason is: majority in + Ratified by majority in
- We inherited a very robust Constitution. Parliament Legislatures of Parliament
- Constitution makers were very farsighted half the states
and provided for many solutions for future
situations.
- The basic framework of the Constitution is
very much suited to our country. PROCEDURE FOR AMENDMENT OF
▪ It is also due to the fact that
1. Our Constitution accepts the necessity of
INDIAN CONSTITUTION
modifications according to changing needs AMENDMENT THROUGH ORDINARY
of the society. LEGISLATION
- As the aims and aspirations of society This flexible procedure is provided due to following
changes a change in the constitutional reasons:
provisions would be required. 1. The Constitution makers were aware of the fact
2. The Constitution can be amended if so that there may be some faults or mistakes in the
required. However, it is protected from Constitution.
unnecessary and frequent changes. - Whenever such mistakes would come to
3. The procedure laid down for its amendment light, the Constitution can be easily
is neither as easy as in Britain nor as difficult amended to be able to get rid of these
as in USA. mistakes.
4. Constitution is not an unalterable document 2. There were some provisions in the Constitution
and may need revisions, changes, and re- that were of temporary nature and it was
examination. decided that these could be altered later on once
▪ Thus, the Indian Constitution is a combination of the new Parliament was elected.
both the approaches mentioned above: 3. There are many Articles in the Constitution,
- That the Constitution is a sacred document which mention that these Articles can be
- That it is an instrument that may require amended by a simple law of the Parliament.
changes from time to time. 4. Simple law is enacted by simple majority of
Sovereignty of elected representatives Parliament which is a majority of the members
(parliamentary sovereignty) is the basis of the of each house present and voting.
amendment procedure provided by the Constitution
makers.
ARTICLE 2 OF INDIAN CONSTITUTION
TYPES OF AMENDMENTS “Parliament may by law admit into the Union, or
establish, new States on such terms and
Different ways of amending the Constitution by the conditions, as it thinks fit.”
Parliament are shown below.
AMENDMENT THROUGH ARTICLE 368
Article 368 in Part XX of the Indian Constitution
deals with the powers of Parliament to amend the
Constitution and its procedure.

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▪ In this article, there are two methods of President has no powers to send it back for
amending the Constitution and they apply to reconsideration.
two different sets of articles of the Constitution.

ARTICLE 368 OF INDIAN CONSTITUTION

“Notwithstanding anything in this Constitution, Parliament By Special
may in exercise of its constituent power amend by way of By Simple By Special Majority
addition, variation or repeal any provision of this
Constitution in accordance with the procedure laid down in Majority Majority and Consent
this article” of States
Second, Fifth
INTRODUCTION OF BILL and Sixth
Schedule Manner of
▪ An Amendment of the Constitution may be Fundamental Election of
initiated only by the introduction of a Bill for the Rights the President
Citizenship
purpose in either House of Parliament and not Matters
in state legislatures.
Any of the
▪ The Bill for the amendment can be introduced by
Elections to lists in the
any Member of Parliament whether a minister Directive Seventh
Parliament
Principles of
or a private member. and state
State Policy
Schedule
▪ There is no need for prior permission of legislatures
President for introducing the Bill.
Matters of Supreme
PASSING OF THE BILL Union Other Court and
Territories high courts
▪ Each House must pass the Bill separately. provisions
- Joint sitting is not provided for not covered
Admission or by the first
Constitutional Amendment Bills. establishment and third Extent of the
▪ Both Houses must pass the Amendment Bill with of new states
categories executive
special majorities separately. power of the
Delimitation Union and
matters the states
SPECIAL MAJORITY OF HOUSE REQUIRES
1. Those voting in favour of the Amendment Bill Salaries and Representation
should constitute at least half of the total strength allowances of of states in
of that House. the members Parliament
of Parliament
- For Lok Sabha, it is 545/2 = 272 + seats
- Even if only 300 members are present at the
time of voting, the amendment bill must get Rules of Distribution
the support of 273 out of them., and procedure in of legislative
Parliament powers
2. The supporters of the Amendment Bill must also
constitute two-thirds of those who actually take
part in voting. Use of official Article 368
- For example, if on the voting day in Lok Sabha language itself
480 members are present, then 2/3*480 = 320
+ seats are needed in favour of Bill.
- President must give his assent to the
- It should be greater than 272+.
Constitutional Amendment Bill.
ROLE OF STATES After the President’s assent, the bill becomes an Act
▪ When an Amendment aims to modify an Article and the Constitution stands amended in accordance
related to federal provisions of the Constitution, with the terms of the Act.
Legislatures of half the States have to pass the
Amendment bill by simple majority. WHY SPECIAL PROCEDURE
1. Special Majority is needed to ensure that unless
PRESIDENTIAL APPROVAL there is sufficient consensus over the proposed
▪ An Amendment Bill, like all other bills, goes to amendment, it cannot be passed.
the President for his assent, but in this case, the ▪ If the party in power enjoys very thin majority, it
would need to take at least some opposition
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 parties into confidence, if it wanted to amend
the Constitution.
2. Federalism means that powers of the States
must not be at the mercy of the central
Government.
▪ Special procedure respects the States and gives
them participation in the process of
amendment.
▪ At the same time, care is taken to keep this
procedure somewhat flexible even in its more
rigid format: consent of only half the States is
required and simple majority of the State
legislature is sufficient.
3. This process underlines an important principle -
only elected representatives of the people are
empowered to consider and take final decisions
on the question of Amendments.
ISSUES WITH THE AMENDMENT
PROCEDURE
Critics have identified following issues in the current
amendment procedure;
EXCLUSIVE POWER TO PARLIAMENT
▪ Major part of the Constitution can be amended
by the Parliament alone either by a special
majority or by a simple majority.
▪ There is no provision for a special body for
amending the Constitution.
▪ State legislatures cannot initiate any bill or
proposal for amending the Constitution
NO TIME LIMIT
▪ There is no prescribed time frame within which
the State legislatures should ratify or reject an
amendment related to federal provisions.
DEADLOCK UNSETTLED
▪ In case of deadlock, there is no provision of joint
sitting to resolve the matter.
FREQUENCY OF AMENDMENTS
▪ In past 70 years Indian Constitution has been
amended more than 100 time (as of January
2020).
▪ Given the relatively difficult method of amending
the Constitution, the number of amendments
appears quite high.
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Figure 1- Amendments per decade
However, barring the first decade after the
commencement of the Constitution, every decade
has witnessed a steady stream of amendments.
▪ This means that irrespective of the nature of
politics and the party in power, amendments
were required to be made from time to time.
CONTENT OF AMENDMENTS MADE
SO FAR
Amendments made so far in the Indian Constitution
may be classified in three groups.
AMENDMENTS OF TECHNICAL OR ADMINISTRATIVE
NATURE
They are Amendments only in the legal sense, but in
matter of fact, they made no substantial difference
to the provisions.
▪ They were only clarifications, explanations, and
minor modifications etc. of the original
provisions. For example:
- Amendment that increased the age of
retirement of High Court judges from 60 to
62 years falls in this category.
- Increase in the salary of SC judges.
AMENDMENTS TO DEAL WITH DIFFERING
INTERPRETATIONS
Various amendments are a product of different
interpretations of the provisions in the Constitution
given by the judiciary and the Government of the
day.
▪ Parliament had to insert an Amendment
underlining one particular interpretation as the
authentic one. For example:
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 - One of the matter was the relationship
between fundamental rights and directive
principles.
- Second was the scope of Right to Property.
- Third was the power of Parliament to amend
the Constitution.
▪ In the period 1970-1975, the Parliament
repeatedly made amendments to overcome the
adverse interpretations by the judiciary.
AMENDMENTS THROUGH POLITICAL CONSENSUS
These amendments have been made as a result of
the consensus among the political parties.
▪ This changes had to be made in order to reflect
the prevailing political philosophy and
aspirations of the society.
▪ Many of the amendments of the post-1984
period are instances of this trend.
▪ These amendments include the 61st
amendment bringing down the minimum age
for voting from 21 to 18 years, the 73rd and the
74th amendments, etc.
CONTROVERSIAL AMENDMENTS
Amendments made during the period 1970 to 1980
generated a lot of legal and political controversy.
▪ In particular, the 38th, 39th and 42nd
Amendments have been the most controversial
amendments so far.
▪ These three amendments were made in the
background of internal emergency declared in
the country from June 1975.
▪ They sought to make basic changes in many
crucial parts of the Constitution.
▪ The 42nd Amendment was particularly seen as a
wide-ranging Amendment affecting large parts
of the Constitution.
- This Amendment made changes to the
Preamble, to the seventh schedule of the
Constitution and to 53 Articles of the
Constitution
DOCTRINE OF BASIC STRUCTURE OF
THE INDIAN CONSTITUTION
One thing that has had a long-lasting effect on the
evolution of the Indian Constitution is the theory of
the basic structure of the Constitution.
▪ There is no mention of this theory in the
Constitution. It has emerged from judicial
interpretation.
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EMERGENCE OF THIS DOCTRINE
Parliament's authority to amend the Constitution,
particularly the chapter on the fundamental rights of
citizens, was challenged as early as in 1951.
SHANKARI PRASAD CASE (1951)
▪ The First Constitution Amendment Act, 1951
was challenged in the Shankari Prasad case.
▪ The Amendment was challenged on the ground
that it violates the Part-III of the Constitution and
therefore, should be considered invalid.
JUDICIAL RESPONSE
▪ Supreme Court held that the Parliament, under
Article 368, has the power to amend any part of
the Constitution.
▪ Parliament can abridge or take away any of the
Fundamental Rights by enacting a Constitutional
Amendment Act.
SAJJAN SINGH CASE (1965)
▪ Supreme Court gave the same ruling as
pronounced in Shankari Prasad Case.
GOLAKNATH CASE (1967)
▪ In that case, the Constitutional validity of the
Seventeenth Amendment Act (1964), which
inserted certain state acts in the Ninth Schedule,
was challenged.
JUDICIAL RESPONSE
▪ In this case the Supreme Court overruled its
earlier decision.
▪ The Supreme Court held that the Parliament has
no power to amend Part III of the Constitution
as the fundamental rights are transcendental
and immutable.
▪ Article 368 only lays down the procedure to
amend the constitution and does not give
absolute powers to the Parliament to amend any
part of the Constitution.
PARLIAMENT REACTION
▪ Parliament reacted to judicial ruling by passing
the 24th Constitutional Amendment Act.
▪ It gave absolute power to the Parliament to
make any changes in the constitution including
the fundamental rights.
KESAVANANDA BHARATI CASE (1973)
▪ In Kesavananda Bharti case, the Supreme Court
upheld the validity of the 24th Constitutional
Amendment Act by reviewing its decision in
Golaknath case.
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▪ The Supreme Court held that the Parliament has
power to amend any provision of the
Constitution.
▪ At the same time, it laid down a new doctrine of
the ‘basic structure’ of the Constitution.
SIGNIFICANCE OF KESAVANANDA BHARATI CASE
RULING
1. It has set specific limits to Parliament’s power to
amend the Constitution. It says that no amendment can
violate the basic structure of the Constitution;
2. It allows Parliament to amend any and all parts of the
Constitution (within this limitation); and
3. It places the Judiciary as the final authority in deciding
if an amendment violates basic structure and what
constitutes the basic structure.
INDIRA NEHRU GANDHI CASE (1975)
▪ The Supreme Court reaffirmed its concept of
basic structure.
PARLIAMENT REACTION TO THIS DOCTRINE
▪ Parliament reacted to this judicially innovated
doctrine by enacting the 42nd Amendment Act
(1976).
▪ This Act amended Article 368 and declared that
there is no limitation on the constituent power
of Parliament and no amendment can be
questioned in any court on any ground.
MINERVA MILLS CASE (1980)
▪ The concept of basic structure was reaffirmed by
adding 'judicial review' and the 'balance
between Fundamental Rights and Directive
Principles' to the basic features.
▪ It invalidated the above changes made in Article
368 by 42nd Amendment Act.
WHAT IS THE DOCTRINE OF BASIC
STRUCTURE?
“It states that the Constitution of India has certain
basic features that cannot be altered or destroyed
through amendments by the Parliament”.
▪ The basic structure doctrine has consolidated
the balance between rigidity and flexibility by
saying that certain parts cannot be amended.
▪ This doctrine helps to protect and preserve the
spirit of the Constitution document.
▪ The idea is to preserve the nature of Indian
democracy and protect the rights and liberties
of people.
ELEMENTS OF BASIC STRUCTURE
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▪ There is no mention of the term “Basic
Structure” anywhere in the Indian Constitution.
▪ The basic structure of the Constitution has not
been explicitly defined by the Judiciary.
▪ The Kesavananda Bharti Case judgement (1973)
listed some basic structures of the constitution
as:
1. Supremacy of the Constitution
2. Unity and sovereignty of India
3. Democratic and republican form of
Government
4. Federal character of the Constitution
5. Secular character of the Constitution
6. Separation of power
7. Individual freedom
▪ Over time various judgements, led to the
emergence of following as ‘basic features’ of the
Constitution
1. Rule of law
2. Judicial review
3. Parliamentary system
4. Rule of equality
5. Harmony and balance between the
Fundamental Rights and DPSP
6. Free and fair elections
7. Limited power of the parliament to amend
the Constitution under Article 368.
8. Power of the Supreme Court under Articles
32, 136, 142 and 147.
9. Power of the High Court under Articles 226
and 227.
Thus, the doctrine of the basic structure helps to
prevent Executive and legislative excesses.
▪ This is required as a shield against an all-
powerful Parliament, which can resort to an
overuse of Article 368.
TEST YOUR PROGRESS
Q. Discuss the doctrine of Basic Structure of the
Indian Constitution and its evolution.
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