CIP UNIT 1 SYNOPSIS

1. The chairman of drafting committee was BR Amdedkar

2. The chairman of constituent assembly was rajendra Prasad
3. The constitution was adopted on 26th January 1950
4. Constitution was signed on 26th November 1949
5. India is termed as India or Bharat according to constitution
6. Initially constitution was divided into 395 Articles, 8 schedules, 22 parts
7. Presently the constitution is divided into 448 articles, 12 schedules, 25 parts
8. Article 14 incorporates right to equality where all are equal before law and law is equally
applicable to all
9. Article 14 is applicable to both citizens and non citizens while article 15 is applicable only to
citizens
10. Fundamental rights are copied from USA, UK and France
11. Fundamental duties are copied from USSR
12. Directive principles of state policy have been copied from Ireland which was inturn copied from
Spanish constitution.
13. Emergency provisions have been taken from Germany
14. The preparation time for the constitution was 2 years, 11 months, 18 days
15. Some of the salient features of the constitution are:
a. Written
b. Lengthiest and detailed
c. Federal character
d. Partly rigid, partly flexible
e. Fundamental law of the country
f. Parliamentary system of democracy
g. Defines powers of union and state executive and judiciary
h. Provides special provisions for backward classes and weaker sections
i. Provides national security through emergency provisions
j. Describes election process
16. Preamble is the key to the constitution. It describes India as:
a. Sovereign- independent authority of state
b. Socialist – introduced in 1976 by 42nd amendment envisaging participation of workers in
the management and reducing gap between rich and poor
c. Secular – also added by 42nd amendment where the state shall be neutral towards all
religions
d. Democratic – a form of representative government
e. Republic – head of the state being elected by the people
17. Preamble aims to secure for its citizens
a. Social, economic, political justice
b. Liberty of thought, expression, belief, faith, worship
c. Equality of status and opportunity
d. Fraternity assuring dignity of individual and unity and integrity of nation
18. Preamble is also a part of the constitution and can be amended without disturbing its basic
structure which includes judicial review, separation of powers, federal structure etc.
19. Fundamental Rights are part of Part III of the constitution. They are considered the core &
foundation of democratic political system, conscience & soul of constitution, magna carta of
essential rights of Indians. Articles 14 to 35 deal with them
20. Fundamental Rights:
a. Article 14 – equality before law and equal protection of laws which is available to
residents and non residents. There are no privileges, no one is above law, all are
governed by same law. All equals are treated equally under equal circumstances
b. Article 15 – prohibits discrimination on the basis of race, religion, caste, sex, place of
birth. It is available only to citizens. It allows state to make special provisions for
advancement of socially, educationally backward classes, women and children. It
prohibits state and private persons from making discrimination to access shops, hotels,
public places, public entertainment, use of wells.
c. Article 16 – ensures equality of opportunity for public employment. Posts can be
reserved for backward classes, scheduled castes and scheduled tribes if they are not
adequately represented. Reservation is not applicable for promotions and should not
exceed 50%. Refer Indra Sawhney & Others v. Union of India (Mandal case)
d. Article 19 – is a cluster of freedoms available only to citizens, backbone of
fundamental rights and provides
i. Freedom of speech and expression
ii. Freedom of assembly peacefully without arms
iii. Freedom to form associations
iv. Freedom to move freely without restrictions
v. Freedom to reside and settle in any part of the country
vi. Freedom to practice any profession, occupation, trade or business
e. Article 32 – is called the ‘heart and soul ‘ of constitution as it provides protection against
violation of fundamental rights in the form of Writs – Habeas Corpus, Mandamus,
Certiorari, Quo Warranto, Prohibition. It can be challenged in Supreme Court by a
Special Leave Petition, or in High Court under Article 226
21. Directive principles of state policy are dealt under Articles 36 to 51. To promote the concept of
welfare state these social, economic and political principles should be adhered to while
formulating any laws. Some of the important ones are:
a. Equal pay for equal work
b. Just and humane conditions of work
c. Participation of workers in management
d. Free legal aid
e. Provide uniform civil code
f. Protection of forests and wildlife
g. Protection of ancient and historical monuments
h. Organization of village panchayats
i. Promoting international peace and security
j. Protection of Human Rights
22. The 42nd Amendment added Article 51-A under Part IV - A to specify the Fundamental Duties of
every citizen
a. To abide by the constitution and respect the National flag and anthem
b. To cherish and follow the noble ideals which inspired our national struggle
c. To uphold and protect the sovereignty, unity, integrity of India
d. To defend the country and serve when called for
e. To promote harmony
f. To preserve the rich heritage and culture
g. To develop scientific temper, humanism spirit of enquiry
h. To safeguard public property
i. To strive towards excellence