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Coi Notes
Coi Notes
Rajeev Rajput
Assistant Professor
ABESIT
UNIT I
Almost everything we do is governed by some “Set of Rules”. There are rules for games (like -
cricket), traffic rules to be obeyed on the road, for workers in the workplace. There are also rules
imposed by morality and custom that play an important role in telling us what we should and should
not do. Example 1 - In the game of cricket, an umpire has "full authority to enforce the Rules or Law of
the Game on the ground”, when a player do something against the Rules umpire takes actions. Example
2 - On road, the traffic police make us to follow the rules.
Some rules that are made by the legislatures (Lok Sabha/Rajya Sabha in India), for their own country,
are called “Law”. We need Laws in Society so that our society can regulate and work properly. Laws
are designed to protect us and our property and to ensure that everyone in society behaves the way that
the community expects them too. Laws tell us what to expect as a consequence of our actions. Laws
have been the glue that has kept society together. Without laws there would be complete anarchy.
In General - The Constitution is the Supreme law of the land. All other laws have to conform to the
Constitution. The Constitution contains laws concerning the government and its relations with the
people. A Constitution is concerned with 2 main aspects-
a) The relation between the different levels of Government.
b) The relation between the Government and the Citizens.
Constitutional Law - Constitutional Law would normally cover and connote the fundamental law of
the land as contained in the provisions of the constitution. It is concerned with the basic features of the
framework of the distribution of powers between the organs of the state and between the union and the
units. However, modern constitutional law lays the greatest emphasis on fundamental human rights and
the relationship between the individual citizens and the state.
Constitutionalism - A constitution is framed in every nation as a defence mechanism over and above
state power. The arrangement which forces the rulers to stay within their jurisdiction by means of
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT
written (in most cases) constitution is called Constitutionalism. It is the trust, belief, faith that power
will not be misused. Constitutionalism stands for the principle that the exercise of political power shall
be bound by rules which lay down the procedures and determine the validity of all the government
action. Constitutionalism means limited government or limitation on government. It is antithesis of
arbitrary powers and despotism. Constitutionalism recognizes the need for government with powers but
at the same time insists that limitation be placed on those powers. A government which goes beyond its
limits loses its authority and legitimacy. Therefore, to preserve the basic freedoms of the individual,
and to maintain his dignity and personality, the Constitution should be permeated with
Constitutionalism; it should have some inbuilt restrictions on the powers conferred by it on
governmental organs.
Constituent Assembly
On the basis of the framework provided by the Cabinet Mission*, Constituent Assembly was
constituted on 9 th December, 1946 to draft a Constitution for the Country. The Constitution making
body was elected by the Provincial Legislative Assembly constituting of 389 members who included 93
from Princely States and 296 from British India. The seats to the British Indian provinces and princely
states were allotted in proportion of their respective population and were to be divided among Muslims,
Sikhs and rest of the communities. All sections of the Indian society got representation in the
Constituent Assembly in spite of limited suffrage. The first meeting of the Constituent Assembly took
place on December 9, 1946 at New Delhi with Dr. Sachidanand being elected as the interim President
of the Assembly. However, on December 11, 1946, Dr. Rajendra Prasad was elected as the President
and H.C. Mukherjee as the Vice-President of the Constituent Assembly.
*Cabinet Mission was a high-powered mission sent in February 1946 to India by the Atlee Government (British
Prime Minister.) The mission had three British cabinet members – Pethick Lawrence, Stafford Cripps, & and A.V.
Alexander. The Cabinet Mission’s aim was to discuss the transfer of power from British to Indian leadership .
Committees of the Constituent Assembly - The Constituent Assembly appointed eight major
committees, which are mentioned below:
1. Constitution Making Union Powers Committee
2. Union Constitution Committee
3. Provincial Constitution Committee
4. Drafting Committee
5. Advisory Committee on Fundamental rights and Minorities
6. Rules of Procedure Committee
7. States Committee
8. Jawaharlal Nehru Steering Committee
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT
Among these eight major committees, the most significant was the Drafting Committee. On 29th
August 1947, the Constituent Assembly set up a Drafting Committee under the chairmanship of Dr.
B.R. Ambedkar to prepare a Draft Constitution for India.
Functions of the Constituent Assembly –
1. Framing the Constitution.
2. Enacting laws and involved in the decision making process.
3. It adopted the National flag on July 22, 1947.
4. It accepted and approved India's membership of the British Commonwealth in May 1949.
5. It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.
6. It adopted the National anthem on January 24, 1950.
7. It adopted the National song on January 24, 1950.
Some Facts
✓ The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11
months and 18 days before adopting the Constitution. It was finally passed and accepted on November
26, 1949. The 308 members of the Assembly signed two copies (Final) of the document (one each in
Hindi and English) on 24 January 1950.
✓ Same day the Assembly unanimously elected Dr. Rajendra Prasad as the President of India, which
came into effect on January 26, 1950, known and celebrated as the Republic Day of India
Government of India Act 1935: Main Features
Government of India Act of 1935 marked the milestone towards a completely responsible government
in India. It ended Diarchy and provided the establishment of All India Federation. This act served some
useful purposes by the experiment of provincial autonomy;thus, we can say that the Government of
India Act 1935 marks a point of no return in the history of constitutional development in India.
On August 1935, the Government of India passed longest act i.e. Government of India Act 1935 under
the British Act of Parliament. This act also included the Government of Burma Act 1935. According to
this act, India would become a federation if 50% of Indian states decided to join it. They would then
have a large number of representatives in the two houses of the central legislature. However, the
provisions with regards to the federation were not implemented. The act made no reference even to
granting dominion status, much less independence, to India.
With regard to the provinces, the act of 1935 was an improvement on the existing position. It
introduced what is known as provincial autonomy. The ministers of the provincial governments,
according to it, were to be responsible to the legislature. The powers of the legislature were increased.
However, in certain matters like the Police, the government had the authority. The right to vote also
remained limited. Only about 14% of the population got the right to vote. The appointment of the
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT
governor-general and governors remained in the hands of the British government and they were not
responsible to the legislatures.
4. It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay,
Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative
council (upper house) and a legislative assembly (lower house). However, many restrictions were
placed on them.
5. It further extended the principle of communal representation by providing separate electorates for
depressed classes (scheduled castes), women and labour (workers).
6. 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.
7. It extended franchise. About 10 per cent of the total population got the voting right.
8. It provided for the establishment of a Reserve Bank of India to control the currency and credit of the
country.
9. It provided for the establishment of not only a Federal Public Service Commission but also a
Provincial Public Service Commission and Joint Public Service Commission for two or more
provinces.
10. It provided for the establishment of a Federal Court, which was set up in 1937.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT
The main objectivity of the act of 1935 was that the government of India was under the British Crown.
So, the authorities and their functions derive from the Crown, in so far as the crown did not itself retain
executive functions.
Hence, the act of 1935 served some useful purposes by the experiment of provincial autonomy, thus we
can say that the Government of India Act 1935 marks a point of no return in the history of
constitutional development in India.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT
Until the new dominions’ constitutions would become effective, the heads of state would be the
respective Governor-Generals who would continue to assent laws passed by the Constituent
Assemblies in the name of the king.
This Act received the royal assent on 18th July 1947 and entered into force.
Pakistan became independent on 14th August and India on 15th August 1947. Muhammad Ali
Jinnah was appointed Pakistan’s Governor-General and Lord Mountbatten became India’s.
Mountbatten Plan
On June 3, 1947, Lord Mountbatten put forward his plan which outlined the steps for the solution of
India’s political problem. The outlines of the plan discussed below:
• India to be divided into India and Pakistan.
Bengal and Punjab will be partitioned and a referendum in NEFP (North-East Frontier Province) and
Sylhet district of Assam would be held.
• There would be a separate constituent assembly for Pakistan to frame its constitution.
• The Princely states would enjoy the liberty to join either India or Pakistan or ever remain
independent.
• August 15, 1947, was date fixed for handling over power to India and Pakistan.
• The British Government passed the Indian Independence Act of 1947 in July 1947, which contained
the major provisions put forward by the Mountbatten plan.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT
justice for its entire people by ending all forms of exploitation and by securing equitable distribution of
income, resources and wealth. This is to be secured by peaceful, constitutional and democratic means.
(5) India is a Secular State:
India gives special status to no religion. There is no such thing as a state religion of India. This makes it
different from theocratic states like the Islamic Republic of Pakistan or other Islamic countries. Further,
Indian secularism guarantees equal freedom to all religions. The Constitution grants the Right to
Religious Freedom to all the citizens.
(6) India is a Democratic State:
The Constitution of India provides for a democratic system. The authority of the government rests upon
the sovereignty of the people. The people enjoy equal political rights. On the basis of these rights, the
people freely participate in the process of politics. They elect their government.
Free, fair and regular elections are held for electing governments. For all its activities, the government
of India is responsible before the people. The people can change their government through elections.
No government can remain in power which does not enjoy the confidence of the people. India is
world’s largest working democracy.
(7) India is a Republic:
The Preamble declares India to be a Republic. India is not ruled by a monarch or a nominated head of
state. India has an elected head of state (President of India) who wields power for a fixed term of 5
years. After every 5 years, the people of India indirectly elect their President.
(8) India is a Union of States:
Article I of the Constitution declares, that “India that is Bharat is a Union of States.” The term
‘Union of State’ shows two important facts:
(i) That Indian Union is not the result of voluntary agreement among sovereign states, and
(ii) that states of India do not enjoy the right to secede from the Union. Indian Union has now 28 States
and 8 Union Territories.
(9) Mixture of Federalism and Unitarianism:
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:
(i) A division of powers between the centre and states,
(ii) A written, rigid and supreme constitution,
(iii) Independent judiciary with the power to decide centre-state disputes and
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT
(iv) Dual administration i.e. central and state administrations. However, by providing a very strong
centre, a common constitution, single citizenship, emergency provisions, common election
commission, common all India services etc. the Constitution clearly reflects its unitary spirit.
India is a federation with some Unitarian features. This mixture of federalism-Unitarianism has been
done keeping in view both the pluralistic nature of society and the presence of regional diversities, as
well as due to the need for securing unity and integrity of the nation.
(10) Mixture of Rigidity and Flexibility:
The Constitution of India is rigid in parts. Some of its provisions can be amended in a difficult way
while others can be amended very easily. In some cases, the Union Parliament can amend some parts of
the Constitution by passing a simple law.
Article 368, of the Constitution provides for two special methods of amendment:
(i) Most of the provisions of the Constitution can be amended by the Union Parliament by passing an
Amendment Bill by a majority of total membership and 2/3rd majority of members present and voting
in each of its two Houses.
(ii) For the amendment of some specified parts, a very rigid method has been provided. Under it, first
the Union Parliament passes the Amendment Bill by a majority of total membership and 2/3rd majority
of members present and voting in each house, and then it goes to the State Legislatures for ratification.
The Amendment gets passed only when it is approved by not less than one half of the several states of
the Union.Thus, the Constitution of India is partly rigid and partly flexible.
(11): Fundamental Rights
Under its Part IIIC Articles 12-35), the Constitution of India grants and guarantees Fundamental Rights
to its citizens. It is called the Indian Bill of Rights. Initially, 7 Fundamental Rights were granted but
after the deletion of the Right to Property from the list of Fundamental Rights (44th Amendment Act
1979) their number came down to six.
The Six Fundamental Rights are:
(i) Right to Equality.
(ii) Right to Freedom.
It incorporates six fundamental freedoms -freedoms of speech and expression, freedom to form
associations, freedom to assemble peaceably without arms, freedom to move freely in India, freedom of
residence in any part, and freedom of adopting any profession or trade or occupation. It ensures
personal freedom and protection in respect of conviction for certain offences.
(iii) Right against Exploitation.
(iv) Right to Freedom of Religion.
(v) Cultural and Educational Rights.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT
(12) National Human Rights Commission (NHRC) and State Human Rights Commission and
Protection of Human Rights:
With a view to protect the human rights of all the people the Protection of Human Rights Act. 1993
was passed by the Union Parliament. Under it the National Human Rights Commission was
established. It is headed by a former Chief Justice of India. It acts as an independent commission with a
status of a civil court. It works for preventing the violations of human rights of the people.
Its cases of proved violations of human rights, the NHRC can order the grant of compensation to the
victims. Several State, Human Rights Commission are also working for the protection of Human
Rights. India is fully committed to protect the human rights of all the people of the world.
(13) Fundamental Duties of the Citizens:
In its Part IVA (Article 51 A) the Constitution describes the following Fundamental Duties of a
citizen:
With all these features, the Indian Constitution is a constitution best suited to the Indian environment.
The Constitution has been helping India to organise and run her government and administration in an
effective way both in times of peace and war. The basic structure of the Constitution i.e. its most
fundamental features can be described as: Preamble, Fundamental Rights, Directive Principles,
Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and Liberal
Democracy.