Chapter 1

Why Study the Constitution?

"Freedom of mind is the redl freedom. Aperson whose mind is not free though he
may not be in chains is a slave, not afree man. One whose mind is not free, though
he may not be in prison, is a prisoner and not a free man. One whose mind is not
free though alive is no better than dead. Freedom of mind is the proof of one's
existence. "

Dr. B. R. Ambedkar
If there aren't any guidelines on how to govern a country, then how would citizens of the
country survive in an orderly and civil manner? It would probably be according to different religious
beliefs and practices as it was in ancient times.
For example, Hindus will follow teachings mentioned in the Gita, Vedas, Upanishads, etc.
Or Muslims will follow the Quran and so on. There should be certain rules that govern a country.
Hence, the constitution was made.
Each state has a Constitution which lays down the organisation, powers and functions of the
Government of the State. The government always works according to the Constitution, no law
or order of the government can violate the Constitution. Constitution is the supreme law and all
government institutions and members are bound by it.
"Where there is righteousness in the heart, there is beauty in the character.
When there is beauty in the character, there is harmony in the home. When there is
harmony in the home, there is order in the nation. When there is order in the nation,
there is peace in the world."
A. P. J. Abdul Kalam

1.1 How IMPORTANT IS A CONSTITUTION TO A STATE?

1. It reflects the sovereign will of the people.
2 It lays down the aims, objectives, values and goals that the people want to secure.
2 Constitution of India, Professional Ethics andI Human Righ
3 Itcontains a description and guarantee of the fundamental rights of the people.
4. It gives a detailed account of organisation of the government. The organisation, powa.
and functions of its three organs and their inter-relationship.
5. In afederation, the onstitution lays down the division of powers between the cent,
ho
government and governments of the federating states/provinces. It is binding upon
the centre and the state governments.
6. Itspecifies the power and method of amendment of the Constitution.
7. It lays down the election system and political rights of the people.
8. It provides for independence of the judiciary and rule of law.
9. The constitution governs all and no one can violate its rules.
Every democratic constitution guarantees to the citizens a protection against arbitrar
governmental actions. A democratic state, like India, has a written and supreme constitution whic
binds all its people and their government.

1.2 IMPORTANCE OF A CONSTITUTION

"Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is
albvays the spirit of Age. "
-B. R. Ambedkar
Aconstitution is the basic framework of a country. It describes the main positions of power, ar
how the people who fill them are chosen. It also outlines the powers and responsibilities of t
government. Defining the rights of the people is part of that, where negative rights limit govermme
power and positive rights increase its responsibilities.
The Constitution is important because it protects individual freedom, its fundamental principl
and governs the State. The Constitution places the government's power in the hands of the citizer
It limits the power of the government and establishes a system of checks and balances.
The primary function of a constitution is to lay out the basic structure of the governme
according to which the people are to be governed. It is the constitution of a country, whi
establishes the three main organs of the government, namely, the legislature, executive a
judiciary.
The constitution of a country not only defines the powers allotted to each of the three ma
organs, but it also significantly makes a clear demarcation of the responsibilities assign
to each of them. It effectively regulates the relationship between these organs as well as t
relationship between the governnment and its people.
Since the country's constitution stands superior to all the laws framed within the territor
precincts of the country, any law enacted bythe ruling government has to be in conformity w
the concerned constitution. As such, the citizens would, in turn, be abiding by not just the i
but also working in sync with the demarcations of the constitution laid down by the counu
The constitution does not simply provide arecipe for an eficient government, but also deas w
Why Study the Constitution?

limitations on power. Since power can corrupt, a constitution is established to restrict the abuse of
nower by those who conduct governmental functions.
The constitution of a particular country lays down the national goals, which form the
basic
edifice on which the nation rests upon. For instance, the Constitution of India has
inscribed in
it the primary facets of the nation which are: democracy, socialism, secularism and
national
integration.
A
constitution, besides thrusting on the rights of the citizens of the concerned nation, also has
embedded in it the duties that the citizens require to adhere to as well.
1.3 PEOPLE'S RoLE IN MAKING AND CONTRIBUTING TO A
CONSTITUTION
1. The making of the Indian Constitution began many decades before India got
its independence. The Constitution of India was first drafted by Motilal Nehru
in 1928.
2. The Indian law makers learnt from experiences during colonial rule and utilised that while
writing the Constitution. Many of the institutional details and procedures were borrowed
from colonial laws like the Government of India Act 1935.
3. The Constituent Assembly drafted the Indian Constitution. Indian Constituent Assembly
was convened in December 1946 and members of this assembly were only Indians.
4. Dr. B.R. Ambedkar was the Chairman of the Drafting Committee and Dr. Rajendra Prasad
was the Chairman of the Constituent Assembly. India's Constitution was adopted on 26th
November 1949 and came into effect on 26th January 1950, which India celebrates as
Republic day.

1.4 NEED FOR ACeNSTITUTION

"Men are mortal. So are ideas. An idea needs propagation ds much as a plant needs
watering. Otherwise both will wither and die."
-B. R. Ambedkar

There are many reasons for a Constitution to be made. But the four most important ones are:
1 To provide the basic framework for the functioning of a state.
2
To recognise the rights of its people. Constitution is written to ensure the rights of the
citizens of the country. To provide protection to the fundamental rights of the citizens.
3
Separation of powers - The great principle propounded by Montesquieu. In
a written constitution there is a clear cut division of powers, which could
not be transgresed. The role of legislative, executive and judiciary is clearly
mentioned.
4
Constitution is a set of laws that helps a country run smoothly.
 Constitution of India, Professional Ethics and
1.5 SoCIETY, WITHOUT ACONSTITUTION Human Righ
Constitution lays down the fundamental laws and principles of governance for civil
the society.
lts importance can be understood by simply asking what if there would not
constitution?
funhcahvieangben
1. There would not have been a method to elect the government, and no rules
elections. for hoin
2 Even if we would have elected a government, they would have become
their own rules. The State would have come under their monopoly and
been killed on the will of politicians.
di ctaetorsmi, ghtmahaykin
peopl
3 There would have been no judiciary to check on the government
and
citizens.
sateguard i
1.6 CoNSTITUENTS OF A CONSTITUTION
Constitution is like the vision statement as wel as a detailed rule book which a
adopts to guide it and shape its destiny. Constitutions ensure rule of law, checksparticular Countr
arbitrary rule and protects the liberties of people. They also provide order and tyranny an
a political system. Constitutions embody the fundamental consensus or "rules of the
a particular society.
legitimacy
game with?
Constitutions are ideally designed by assemblies elected by the people after thorough dise
like the ndian Constitution, which took more than three years to come into force.
Constitutions generally include:
Nature of Government-Parliamentary, Presidential
Type of Polity Secular, Federal, Unitary, etc.
Rights of the people Bills of rights, Fundamental rights
Division of power, resources and responsibilities between a central and regior
governments-Federation
Separation of Powers- Legislature, Executive and Judiciary
Procedure for amendment of Constitution

1.7 PURPOSE OF DARETIN

CONSTITUTION
The constitution is the supreme law of the land. It overrides all other laws. executive orders,
rules/regulations issued by any branch of the government.
The purpose of the Constitution is:
1. To create or define the
government.
2. To provide or give powers to the
government created.
3. To limit the powers provided or given to the
government.
 Why Study the Constitution? 5

By government it meant a body that:

1. Makes laws.
2 Implements laws made.
3. Interprets the meaning of the laws whenever conflicts in interpretation of the laws arise.

1.8 RELEVANCE OF THE CONSTITUTION IN OUR SOCIETY ToDAY

The Constitution plays a very important role in our society today. The Constitution was written after
the first plan of government, the Articles of Confederation, proved to be too weak. The Constitution
was written to develop a stronger plan of government and to correct some of the weaknesses of the
Articles of Confederation.
Since the Constitution is our plan of government, everything we do is guided by that document.
The Constitution explains how our government works, when elections are to be held, and lists some
of the rights we have. The Constitution explains what each branch of government can do, and how
each branch can control the other branches. When a party passes a law, it must be legal according
to the terms of the Constitution. When the courts decide a case, they must apply the principles
established in the Constitution to help them make adecision. The President must abide by the
Constitution as wellas protect, preserve, and defend it. The Constitution is very important in our
ives today as it impacts everything we do.
The Constitution is an instrument of control, as it helps a government control the governed and
assists the government to control itself. It helps in setting boundaries for the judiciary, legislature and
he executive by separating powers of the three arms of government. The Constitution plays a major
ole in safeguarding human rights as contained in the Bill of Rights. The Constitution promotes
ocial justice and equality and ensures the government remains accountable. In summary, the role
of the Constitution can be stated as follows:
Creates a national government made up of the three arms namely; the executive, judiciary
and legislature with controls to prevent despotism by any single arm.
Provides the framework of separation of powers between the states governments and the
national government.
Protects citizens' liberties as contained but not limited to the "Bill of Rights".
Incontinuation of this, the Constitution plays some other roles in our society today. Let us look
t two of the most important ones.
First, the Constitution serves as the "rule book" for our government. It specifies what a
0vernment can and cannot do. We have seen this very recently in the Supreme Court case over
hether "Obamacare" was justifiable under the Commerce Clause of the Constitution.
Second, the Constitution serves as a set of ideals that our society should live by. People on
Sides of political debates try to use constitutional ideals to defend their side of an argument.
Or example, the Tea Party uses the idea of limited government to promote a reduction in the size
f
government, while gay rights activists use the idea of equal protection and personal freedom to
uSh for their goals. The Constitution, then, is used both as a legal document and as a set of ideals
nour society today.
 Constitution of India, Professional Ethics and
1.9 RoLE/PARTICIPATION OF YoUTHS IN DEMOCRACY
Human Righ
AND
GoVERNANCE Gog
Of the hundred percent of the population of India, around seventy percent of the
include today's youth. And the importance of youth participation in Democracy and Goodmassive populai
cannot be, in any way, underestimated. In fact, they play a very major role in uplifting
stature.
Govecountrnanrv
a

A democracy depends upon the will of the majority and the youth comprises the
India. The youth of India has a very important role to play in shaping the
they do that?
country. Butmajhowority
1.9.1 Exercising their Rights to Vote
The constitution having the youth bestowed with the right to vote is in itself a
Country. Asingle stick can be broken with just a hit, two sticks can still be broken, but blessing
for t
when bunc
a
of stieks being tied together, they cannot be broken, and that is the exact case of the
youth. If the youthtoday understand the present day scenario of the governance in present da
India, and
their voting rights, they can choose a better govenment to govern the .country. Having eren:kno
their right to vote, they can change the government with their collective power and efort.
Henc
the youth having the right to vote in itself is the biggest power they poSsess in
governance in India. bringing goc
1.9.2 Social Services to the Society
By offering their services to the society, the youth will indeed spread a positive vibe all n
the country. Recently the Swachh Bharat Abhiyan started by Prime Minister Narendra Modi k
motivated its citizens to stop littering and keep the country clean. In these cases, the youth ha
major role to play. The act of not littering, keeping their surroundings clean, encouraging fell
citizens to use dustbins, restricting urination in public spaces and not spitting betel juice on puh
walls can lead the country towards a clean environment. Given the size and power of the youth. t
can make a significant difference.
1.9.3 Spreading Awareness in Rural Areas
There are places in India, especially villages, where people aren't aware of their basic rights,
they can demand from the government and what they are entitled to. Due to this unawareness, m
people remain aloof from the services they could easily enjoy making their lives and the Iive
their families much better. Here, the youth can play their part by imparting knowledge to the pe
in rural areas by setting up awareness camps from village to village. This in return will develop
country as a whole.

1.9.4 Being a Responsible Citizen Themselves

To tell others what to do and what not to do is easy. Looking at others and critic1sitig ue
even cas1Ier, but what is difficult is realising one's own mistakes and rectifying them. Flowms
the wrong trends, the youth tend to adopt habits which aren't always inspirational. How eau
themselves?C
contribute to this democracy and good governance when they can't do well for
 Wh Study the Constitution? 7

the youth of today understand their responsibility of being good citizens, it's only then they can do
vell for the country.

1.10 CONSTITUTION TO RUN ACoUNTRY

Imagine a country without rules and regulations togovern it. What do you think would happen -
chaos thats right. Constitution gives us aframework and the order to do things right like How to
form a government? How to elect its officials? Who elects them? Who can represent the common
nass?

1.11 CONSTITUTION FOR INDIVIDUAL RIGHTS

With aunique kind of diversity in India with regard to race, caste, religion, etc., there's always lacunae
which result in riots and violence. Here our Constitution plays a very important role in protecting
very individuals' rights (political, social, economical), Fundamental Rights and Directive Principles
Df State Policy in our Constitution provide us with some power to quest the government.

1.12 CONSTITUTION FOR MAINTAINING CHECKS AND BALANCES

Our Constitution has placed sufficient institutions and instruments to stop misuse of authority.
Courts, tribunals, constitutional bodies, laws, etc.) These, from time to time, help to counter the
mishaps.
"Democracy is not merely a forn of government. It is primarily a mode of
associated living, of conjoint communicated experience. It is essentially an attitude
of respect and reverence towards fellow men. "
- B. R. Ambedkar
 Chapter 2
Making of the Constitution

Constitution is the fundamental and supreme law of a country, which describes the method of
formation of Government, nature of Government, its powers and responsibilities. Our Constitution
also describes who are the citizens and what are their rights and duties in the society as well as in
their personal life.
2.1 SoURCES OF OUR CONSTITUTION
Government of India Act, 1935, is considered as the base of the constitution of independent
India. Further, many Constitutions were drafted before the Indian Constitution. Our constitutional
forefathers procured some of the best provisions from other constitutions and incorporated those
provisions into our Constitution.
Some of the important provisions in our Constitution acquired from other constitutions are as
follows:
1 Fundamental Rights USA
2. Directive Principles of State Policy Ireland
3 Emergency Provisions Germany
4 Parliamentary System England
5. Residuary Powers with Centre Canada
6. Provision of Concurrent List Australia
7. Fundamental Duties Russia
8 Judicial Review USA
9. Rule of Law England
10. Procedure Established by Law Japan
2.2 CoMPOSITION OFTHE CONSTITUENT AsSEMBLY

Aconstituent assembly is a body of representatives composed for the purpose of developing or

adopting a constitution.
To make the constitution of independent India, The Constituent Assembly' was constituted in
November 1946 under the scheme formulated by the Cabinet Mission Plan.

9
10 Constitution of ndia, Professional
Ethics and
Cabinet Mission Plan of 1946 aimedto discuss and plan thc transfer of
Govemment tolndian leadership. One of the key objectives of the mission waspower
Hfromuman H
to draw up the constitution of independent India. The features of the Plan yarsto dcVice a
The total strength of the Constituent Assembly was to be 389. Of these
allotted to British India and 93 seats to the Princely States. Out of 296 seats 296 scatS mactig
andallot ed Wer
India, 292 members were to be drawn from the 11 Governors provinces
the four Chief Commissioners' provinces, one from each. four
Each province and princely state was to be allotted seats in
proportion to
members
population. Roughly, one seat was to be allotted for every million population. heit
among the respei
Seats allocated to each British Province were to be divided
communities: Muslims, Sikhs and general, in proportion to their population. thre princp
The representatives of each community were to be elected by members
the provincial legislative assembly. of that
The Constituent Assembly was planned to be partly an indirectly
nominated body. The members from provinces were to be indirectly elected
Com
elected and
unity
the provincial assemblies, who themselves were elected on the basis of the parly
franchiseme. Hmobweervse
the representatives of princely states were to be
limited
nominated by the respective heads
states. of the
The elections for the Constituent Assembly (for 296 princel
seats allotted to the British
were held in July-August 1946. The Indian National
73 seats, and the small groups and
Congress won 208 seats, the Indian Proinces
independents Muslim
allotted to the princely states were not filled, as they remaining 15 seats. However. the 0LRagy
got the
Assembly. Thus, the Constituent Assembly consisted only decided to stay away from the
Provincial assemblies. The assembly included all impotant indirectly elected membersConstiattuex
of
the exception of Mahatma Gandhi and M.A. Jinnah. personalities of India at that time m

2.3 WORKING OF THE CONSTITUENT AsSEMBLY

The constituent Assembly held its first meeting on
the meeting and insisted on a separate state of December 9, 1946. The Muslim League boycote
Pakistan. The meeting was thus attended by only 2
members. Dr Sachchidanand Sinha, the oldest member, was
the Assembly. elected as the temporary President
Later, on December 11, 1946, Dr Rajendra Prasad and H.C.
Mukherjee were elected as t
President and Vice-President of the Assembly, respectively. Sir B.N. Rau was appointed as t
Constitutional Advisor to the Assembly.
On December 13, 1946, Pandit Nehru moved the historic
Objectives
Assembly. It was adopted by the Assembly on January 22, 1947. Its modified Resolution'
in t
Preamble to our Constitution'. version forms t
The representatives of the princely states, who had staved away from the constituent assemo
gradually joined it. After the acceptance of the Mountbatten Plan on June 3, 1947, for partiton
the country, the representatives of most of the princely states took
their seats in the assembIy
 Making ofthe Constitution 11

The assembly also became a legislative body. In other words, two separate functions were
assigned to the Assembly, which were, making of a constitution for free India and enacting of
ordinary laws for the country. Thus, the Assembly also became the first Parliament of free India.
Whenever the Assembly met as the Constituent body, it was chaired by Dr Rajendra Prasad
and when it met as the legislative body, it was chaired by G.V. Mavlankar:. These two functions
continued till November 26, 1949,when the task of making the constitution was over. On January
24. 1950, the Constituent assembly held its last session.
The Muslim League members (hailing from the areas included in Pakistan) withdrew from
the Constituent Assembly of India. Consequently, the total strength of the Assembly came down to
299 as against 389, originally fixed in 1946 under the Cabinet Mission Plan. The strength of the
members from Indian Provinces was reduced from 296 to 229 and those from the princely states
from 93 to 70.

2.4 COMMITTEES OF THE CONSTITUENT AsSEMBLY

The Constituent Assembly appointed 22 committees to deal with the different tasks of constitution
making. Out of these, 10 were on procedural affairs and 12 on substantive affairs.
2.4.1 Difference Between Procedural Affairs and Substantive Affairs Committee
Procedural affairs committees were tasked with the process of making constitution. For instance,
Hindi Translation Committee was responsible for producing copy of constitution in Hindi. The most
important procedural affairs committee was Steering Committee headed by Dr Rajendra Prasad.
The Steering Committee consisted of high-level advisors who were required to guide and provide
direction to other committees.

Substantive afairs committees were tasked with the provisions of aparticular area of constitution.
The important committees on substantive affairs were as follows:
Drafting Committee (Chairman: Dr B.R. Ambedkar)
Committee for Negotiating with States (Chairman: Pt. Jawaharlal Nehru)
. Committee on Chief Commissioners Provinces
t . Union Constitution Committee (Chairman: Jawaharlal Nehru)
5 Provincial Constitution Committee (Chaiman: Sardar Patel)
6 Special Committee to Examine the Draft Constitution (Chairman: SirAlladi Krishnaswanmy
Ayyar)
7. Union Powers Committee (Chairman: Jawaharlal Nehru)
8 Committee on Fundamental Rights and Minorities (Chairman: Sardar Patel)
2.4.2 Drafting Committee
Among all the committees of the Constituent Assembly, the most important committee was the
Drafting Committee. It consisted of seven members and was headed by Dr. B.R. Ambedkar.

The Drafting Committee, after taking into consideration the proposals of the various committees,
Prepared the first draft of the Constitution of India, which was published in February 1948. The
 12 Constitution of India, Professional Ethics and

people of India were given cight months to discuss the drafi and propose amendments,
Human Righ
ofthe public comments, eriticisms and suggestions, the Drafling commitee prepared a
ltn the lig
which was published in October 1948. second dralt
2.5 ENACTMENT OF THE CONSTITUTION
Dr B.R. Ambedkar introduced the final draft of the Constitution in the Assembly on
1948. November 4
The motion on Draft Constitution was declarcd as passed on November 26, 1949, and receiver
the signatures of the members and the President.
The constitution as adopted on November 26., 1949, contained a Preamble, 395 Articles. and.
Schedules. Dr B.R. Abedkar, the then Law Minister. piloted the Draft Constitution in the Assemk
and is thus recognized as the 'Father of the Constitution of India. He is also known as 'Mode
Manu' because Manu wrote 'Manusmriti', which is considered as the most authoritative legal tey
on Hinduism.
However, the date of adoption of constitution is different from the date of commencement o
constitution. The provisions relating to Citizenship, Election Commission, Definitions came into fore
on 26th November, 1949. Remaining provisions of this constitution came into force on 26th Januan
1950, referred to as the date of commencement of constitution. 26th January, 1950 was deliberatel
chosen because on 26th January 1930 "purna swaraj day' was celebrated in India. Celebration o
"purma swaraj' day meant that lndians were ready for Complete independence from British.

PRACTICE QUESTIONS
1. Which one of the following is a feature common to both the Indian Federation
and the American Federation?
(a) Asingle citizenship (b)Three lists in the Constitution

(c) Dual judiciary ¥) Afederal supreme court to interpret the Constitutior

Match List Iwith List II and select the correct answer using the codes given
2
below:
Item in the Indian Constitution Country from which it was derived
Directive Principles of State Policy 1. Australia
A
2. Canada
B. Fundamental Rights
Ireland
C. Concurrent List in Union-State Relations 3.
4. UK
D India as a Union of States with greater
powers to the Union
5. USA
(b) A-3, B-S, C-2, D-1
(a) A-5, B-4, C-1, D-2
(d)A-3, B-5, C-1, D-2
(c) A-5, B-4, C-2, D-1 America
a feature common to both the Indian Federation and the
3. Which one of the following is
Federation?
Making of theConstitution 13

(a) Independent Judiciary (b) Independent Centre and State

(c) Appointment of Governors (d) Citizenship
3 Which of the following feature is
common to both American and Indian Constitutions?
La) Ihdependent Judiciary (b) Independent Centre and State
(c) Appointment of Governors (d) Citizenship
4 Which of the following laws exercisedthe most profound infuence in framing
(a) British Constitution (b) US Constitution
(c) Irish Constitution e The Government of India Act, 1935
5 Who among the following was the Chairman of the Union Constitution Committee of the
Constituent Assembly?
Ya) B.R. Ambedkar (b) J.B. Kripalani
c) Jawaharlal Nehru (d) Alladi Krishanaswami Ayyar
6. Who headed the Interim Cabinet formed in the 1946?
a) Rajendra Prasad Jawaharlal Nehru
(c) Sardar Vallabhbhai Patel (d) Rajagopalachari
7. Which of the following pairs is/are correctly matched?
1. Committee on Fundamental Rights Jawaharlal Nehru
2. Minorities Committee - J.B. Kripalani
3. States Committee (Committee for Negotiating with States) Sardar Patel
4. Steering Committee Dr Rajendra Prasad
Which of the above pairs is/are correctly matched?
(a) 1and 4 only (b) 2 and 3 only
(c) 3 only (dy4 only
The members of the Constituent Assembly which drafted the Constitution of India were
(a) nominated by the British Parliament
(b) nominated by the Governor General
( elected by the Legislative Assemblies of various provinces
(d) elected by the Indian National Congress and Muslim League
Which ône of the following statements is correct?
La) The Constituent Assembly of India was elected by the Provincial Assemblies in the year
1946.
(b) Jawaharlal Nehru, M.A. Jinnah, and Sardar Vallabhbhai Patel were members of the
Constituent Assembly of India.
(c) The First Session of the Constituent Assembly of India was held in January 1947.
(d) The Constitution of India was adopted on 26th January 1950.
 Professional Ethics and Human Right
Constitution of India, Making of the Constitution 15
the Indian Constitution are
the making of
14

following statements regarding PERFECTING PAST PRELIMS

the
10. Which of Constituent Assembly.
corect? represented in the 1 Who among the following was the chairman of the Union Constitution Committee of the
the princely states were not with a limited franchise Constituent Assembly? (2005)
of but
1. Some Assembly were direct,
Elections to the Constituent provisional Parliament. a B,R. Ambedkar (b) J.B. Kripalani
2. as a
Constituent Assembly also functioned before 26th January, 1950. set Jawaharlal Nehru (d) Alladi Krishnaswami Ayyar
3. The into effect
constitutional Provisions came With reference to Indian History, the members of the Constituent Assembly from the Provinces
4. Some of the given below:
2
answer using the, codes (d) 2 and 3 were (2013)
Select the correct (c) l and 4
br1, 3, and 4 statements: (a) directly elected by the people of those Provinces
(a) 1. 2 and 3
Assembly, consider the following
With reference to the Constituent from Princely States (b) nominated by the Indian National Congress and the Muslim Lcague
11. elected members
1. The constituent
assembly consisted of directly provinces were electe! orelected by the Provincial Legislative Assemblies
Indian
Constituent Assembly from British (d) selected by the Government for their expertise in constitutional matters
2. The members of the provincial legislative assemblies.
indirectly by the members of the partly nominated
planned to be partly indirectly elected and ANSWER KEYS
3. The Constituent Assembly was
body. Practice Questions
is/are incorrect?
Which of the statements given above (d) 3 only
(a) I and 2 only ol only (c) 1and 3 only 1. (d) 2. (d) 3. (a) 4. (d) 5. (c) 6. (b) 7. (d) 8. (c) 9. (a) 10. (b)
11. (b) 12. (c) 13. (b) 14. (a) 15. (c)
12. Consider the following statements: constitution
November 1949, but all the provisions of Perfecting Past Prelims
1. The constitution was adopted by 26th
did not come into force by this date.
the date of commencement of
constitution. Select the 1. (c)2. (c)
2. 26th January 1950 is regarded as
correct answer using the codes given below:
(b) 2 only
(a) lonly
Jer Both 1and 2 (d) Neither l nor 2
India is modified version of which of th
13. The Preamble in the constitution of independent
following:
(a) Bill of Rights in USA
b) Objectives resolution moved by Jawaharlal Nehru
(c) British Magna Carta (d) Ideals of Communism
constitutional schemes?
14. The constituent assembly was created under which of the following
NaCabinet Mission Plan (b) Indian independence Plan
(c) Transfer of power plan (d) Mountbatten Plan
15 Which of the following committees of constituent assembly were headed by Sardar Vallabhbhai Patel
1. Committee for negotiating with states
2. Committee on fundamental rights
3. Committee on minorities
Select the correct answer using the codes given below:
(a) 1, 2, and 3 (b) 1 and 2 Yand 3 (d) 3 only
 Chapter 3
Key Concepts in
Constitution of India
3.1 TABLE OF PRECEDENCE
The position of important dignitaries as per the table of precedence is as follows:
President
Vice-President
Prime Minister

Governors of states within their respective states

Former Presidents
a Deputy Prime Minister
Chief Justice of India
Speaker of Lok Sabha
Cabinet Ministers of the Union
Chief Ministers of states within their respective states
Deputy Chairman, NITI Aayog
Former Prime Minister
Leaders of Opposition inRajya Sabha and Lok Sabha
7a. Holders of Bharat Ratna decoration
Ambassadors extraordinary and plenipotentiary and high commissioners of commonwealth
countries accredited to India
Chief Ministers of states outside their respective states
Governors of states outside their respective states
Judges of the Supreme Court
. Chief Election Commissioner
Chairman UPSC
Comptroller and Auditor General
). Deputy Chairman, Rajya Sabha

17
 It 18
Majority
Special
3.2.4Assembly.Sabha
is
requiredEffective
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continuous notAbsolute
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TYPES
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 20 Constitution of India, Professional Ethics and
4. The Union Parliament can reorganize the state or alter the boundary of a state
Human Ri
majority vote, even without the consent of the legislature of the state so by asir
5. affected.
In case there is aconflict between the Union law and astate law, the Union laavw will
6. The state Governors are appointed by the President. prevai
7 State governments do not have separate constitution of their own.
powers from the same constitution, i.e., the Constitution of India.
They derive
8 There is a single judicial system in India. The highest judicial forum is
Court. The High Courts and other lower courts are sub-ordinate to Supremethe
(CoirSup
3.3.3 India, a Quasi-Federal State
Indian constitution is regarded as quasi-federal constitution or semi-federal constitution
federal constitution with strong unitary features.
3.4 THEORY OF SEPARATION OF PoWERS
The three organs of the government-Legislature, Executive, and Judiciary-perform the
essential functions of law-making, law-application, and law-adjudication. These three function
inter-related and inter-dependent.
3.4.1 Central Idea of the Theory of Separation of Powers
The theory of separation of powers holds that the three organs of government
must be separate
independent from one another. Separation of powers of the three organs is essential for the effic
of the
government and the liberty of the people.
Government can work systematically and eficiently only when each of its organs exercis
own powers and functions. Similarly, the theory of separation of powers holds that for
keepir
government limited, which is necessary for protecting the liberty of the people, the three fune
of government should be separated and performed by three
separate organs.
3.4.2 Meaning of Separation of Powers
In simple words, the theory of separation of powers advocates that the three powers of the
gove
should be used by three separate organs. Legislature should use only law-making powers, Exec
should undertake only law-enforcement functions, and Judiciary should perform only adjudica
judicial functions. Their powers and responsibilities should be clearly defined and kept separa
3.4.3 Separation of Powers: Views of Montesquieu
In his book, 'The Spirit of the Laws' (1748), Montesquieu enunciated and explained his theo
separation of powers. He wrote:
1. If the legislative and executive powers are combined in the same organ, the liberty o
people gets jeopardized because it leads to tyrannical exercise of these two powers.
2. If the judicial and legislative powers are combined in the same organ, the interpretation of
becomes meaningless because in this case the lawmaker also acts as the law interpreter at
never accepts the errors of his laws.
Kev Concepts in Constitution of lndia 21

If the judicial power is combined with the executive power and is given to one person or one
organ, the administration of justice becomes meaningless and faulty because then the police
(executive) becomes the judge (judiciary).
Finally, if all the three legislative, executive, and judicial powers are combined and given to one
person or one organ, the concentration of power becomes so big that it virtually ends all liberty.
.4.4 Theory of Separation of Powers: Critical Views
Complete separation is not possible: The government is a single entity. Its three organs can never be
ompletely separated. The legislative, executive, and judicial functions are interdependent and inter
lated functions and hence cannot be fully separated.
omplete separation is not desirable: Complete separation of three organs of govenment is neither
ossible nor desirable. Complete separation of powers can seriously limit the unity and coordination
eeded by the three organs.
npracticable in itself: We cannot fully use separation of powers. The function of law-making cannot
eentrusted only to the legislature. The needs of our times have made it essential to provide for
w-making by the executive under the system of delegated legislation. Likewise, no one can or
ould prevent law-making by the judges in the form of case law.
eparation of powers can lead to deadlocks and ineficiency: Separation of powers can lead to deadlocks
d inefficiency in the working of the government. It can create a situation in which each organ can
et engaged in conflict and deadlocks with other two organs.
4.5 Separation of Powers and Checks and Balances
Dr using the theory of separation of powers, we need the adoption of another theory, i.e., the
eory of Checks and Balances. Under this theory, each organ, along with its own power, enjoys
me checking powers over the other two organs. In the process, a system of checks and balances
Overns the inter- organ relations.
The theory of checks and balances holds that no organ of power should be given unchecked
wer in its sphere. The power of one organ should be restrained and checked with the power of
eother two organs. In this way, a balance should be secured which should prevent any arbitrary
ce of power byy any organ of the government.
The legislative power should be in the hands of the legislature but the executive and judiciary
ould have some checking powers over it with a view to prevent any misuse or arbitrary use of
gislative powers by the legislature. Likewise, the executive powers should be vested with the
ecutive but legislature and judiciary should be given some checking powers over it.
The same should be the case of the judiciary and its power should be in some respects checked
the legislature and executive. In other words, each organ should have some checking power over
eother two organs and there should prevail a balance among the three organs of government. In
ct, the theories of separation of powers and checks and balances always go together.
CHARACTERISTIcSAND CONTENTs OF THE INDIAN CONSTITUTION
ne Indian constitution closely follows the British parliamentary model but differs from it in one
portant respect, that is the Constitution is supreme not the Parliament.
22
Constiution of India, Professional
So the lndian courts are vested with the authority to adjudicate on the
Bthics and Human
passed by the Parliament.
The present constitution consists of the following:
The Preamble
constitutionality
Parts I to XXII (25 in number)
Schedules 1to 12
3.5.1 Written Constitution
The Indian constitution is a written
constitution, ie., all the provisions are codified int
legal document. ABritish constitution is an unwritten constitution or evolved
the provisions are not codified into a single
3.5.2- Lengthy Document
legal document. constitution,
is

The Constitution of India has the

distinction of being the lengthiest and detailed constih.
document the world has produced so far.
3.5.3 More Flexible than Rigid
Another distinctive feeture of the Indian constitution is that it
federal seeks to impart flexibility to ar
constitution. The amendment of only a few of the provisions of the
ratification by the state legislatures and even then ratification by only constitution ren
(while the American constitution requires ratification by half of them would
The rest of the Constitution may be amended by a three-fourth of the states).
special majority of the Union Parliament.
3.5.4 Balance Between Judicial Supremacy and
The Indian constitution balances between the Pariamentary Sovereignty
American system of
principle of parliamentary supremacy, by endowing the Judiciary judicial supremacy and the E
with the power to declare a
unconstitutional if it is beyond the competence of the legislature as per the distribution of po
provided by the constitution or if it is in contravention to the
constitution.
fundamental rights guaranteed b
3.5.5 Nature of Indian State
The constitution describes the nature of Indian state to be
sovereign, secular, socialist, democ:
and republic.
3.5.6 Aspirations for Citizens
The constitution seeks to secure for all citizens of India, justice, liberty, equality, and fratemity
four pillars of democracy.
3.5.7 Parliamentary System
The constitution establishes a Parliamentary systenm of government both at the centre and mhe s
3.5.8 A Federal Polity with a Unitary Bias
There is division of powers between centre and state but balance of Indian polity is towa
Union.
ey Concepis in Constitution of lndia 23

B.5.9 Single Citizenship

nIndia there is only one citizenship. Citizens belong to the Indian Union and not to any state.
Further, the major portion of the constitution is liable to be amended by the Union Parliament
ya special majority, if in any case the judiciary proves to be too obstructive.
.S.10 Universal Adult Franchise
Article 326 of the constitution provides that the election to the House of the People and to the
egislative Assembly of every State shall be on the basis of adult suffrage.
Every person who is a citizen of India and who is not otherwise disqualified is entitled to be
egistered as a voter in any such election. Adult sufrage is an acceptance of the fullest implication
f democracy.

.5.11 Emergency Provisions

Che constitution also incorporates emergency provisions. During emergency times, the Union
cquires powers at cost of powers of States and individual liberties.
.s.12 Provision for Autonomous Organizations
The constitution includes provision for certain autonomous bodies that have been set up with a view
o provide checks on the important organs of the government. An Election Commission has been
rovided to impartially conduct elections in India. The constitution has also created an autonomous
Bupreme Court.
The constitution has also created other autonomous bodies, i.e., the Comptroller and Auditor
General of India, UPSC, SPSC, Finance Commission, National Commission for Schedule Castes
nd Schedule Tribes.

3.6 BLEND OF AMERICAN AND BRITISH MoDEL

ndian constitution is considered a mix of British and American model. Let us understand the
imilarities and dissimilarities with both of these models.
3.6.1 Comparison Between Indian Model and British Model
Bven though Indian constitutional scheme is in line with British parliamentary system, there are
some major differences between the two.
British constitution is not codified into a single legal document; therefore, it is called unwritten
Constitution.
3.6.1.1 Implications of Unwritten Constitution
1. British constitution is flexible and can be amended by parliament like an ordinary law.
2. In India, Indian constitution grants power to parliament. Thus, constitution is supreme. In
England as there is no written constitution, parliament is supreme.
3. British system is unitary in nature because it is the parliament which has delegated powers
to the state, and parliament can withdraw the powers anytime. On the other hand, in India,
states are given powers by the constitution itself.
24
Constitution of India, Professional Ethics and
3.6.1.2 Other Differences Human R
1. India has arepublican system as President of India is elected. On the
follows monarchial system. In other words, the head of the State in other hand, Engl
England
2
or queen is appointed on account of heredity.
In England, PM can only be from the House of
Commons (Lower House)
namely k
the House of Lords (Upper House). In India, PM can be from either Lok and not fr
Sabha. Sabha
or Ra
3 In England, only a Member of
Parliament can be appointed as a minister, whera
India, even a person who is not a Member of
for a
Parliament can be appointed as a mint
period of six months.
4 In England, there is a legal
responsibility of ministers. On
respective minister is required to countersign the document alonggovernment
with the
docume
the other hand, there is no such legal monarch
5
responsibility of ministers in India.
In England, there is a unique institution of
shadow
pseudo- ministers formed by members of oppositioncabinet. Shadow cabinet is a bot
keep a check on actual Council of Ministers as well as party. It helps opposition part
to prepare its members for hol
office of the minister in future.
3.6.2 Indian Constitution V/s American
Constitution- a Comparison
America was formed after states of America decided to
time of making constitution, States had join and make a common nation. At
surrendered limited powers in favour of Union. There
American constitution is a federal constitution.
3.6.2.1 Implications of Federal System
1. Division of powers between union and states.
2. Dual constitution and dual citizenship. States have
their constitution and citizenship
3. Equal representation each state in senate (upper house).
by
4 Written
constitution, i.e., codified into a single legal document.
5 Rigid constitution: American constitution can be
amended both Senate and Hous
Representatives pass the amendment by two-third of the total strength and three-f
of the states ratify the amendment.
United States has Presidential system which has the
following implications:
1. As President is directly elected by people,
he/she has large powers subject to doctri
'checks and balances' and supremacy of constitution.
2 There are two direct elections at Union level. One for
President and one for the Hous
Representatives.
3 The President has limited responsibility towards
legislature. Legislature can impeach
President but cannot pass no-confidence motion.
 Key Concepts in Constiution ofIndia 25

3.6.2.2 Emphasis on Separation of Executive and Legislature

a

President appoints Council of Ministers from outside the Legislature and these Ministers are
responsible to President. United States' emphasis on separation of executive and legislature helps in
maintaining independence of the organs.
3.6.2.3 Role of Judiciary
Judiciary can review not only the executive action but also laws passed by legislature. This provision
maintains supremacy of the judiciary.
On the other hand, legislature is supreme in England. Judiciary has limited power of review.
It can review only the acts of executive but not laws passed by legislature.
3,6.2.4 Advantage of Presidential System over Parliamentary System
Often there is a lack of stability in parliamentary system because a single party finds it difficult to
obtain majority of seats in Lok Sabha to form a government. Moreover, there can be a frequent resort
to 'No- Confidence Motion' by members of Lok Sabha.
However, such problem of instability is not there in the presidential form of government as
No-Confidence motion' cannot be adopted against the President.
To overcome the problem of instability, it is recommended that German system of 'constructive
wote of No-Confidence' should be adopted. Under this vote, there are two motions
simultaneously
passed - one for lack of confidence in present council of ministers (CoMs) and other for confidence
in alternate CoMs. If both the motions are not simultaneously adopted, then vote of n0-confidence
Es rejected.

PRACTICE QUESTIONS
Which one of the following determines that the Indian Constitution is federal?
(a) A written and rigid constitution (b) An independent judiciary
(c) Vesting of residuary powers with the centre
dDistribution of powers between the centre and the states
As per Indian Protocol, who amnong the following ranks the highest in the order of precedence?
(a) Deputy Prime Minister (b) Former President
oYGovenor of a State within his State (d) Speaker of Lok Sabha
.
Consider the following functionaries:
1. Cabinet Secretary 2. Chief Election Commissioner
3. Union Cabinet Ministers 4. Chief Justice of India
Their correct sequence, in the order of precedençe is
(a) 3, 4, 2, 1 (b) 4, 3, 1, 2 o) 4, 3, 2, 1 (d) 3,4, 1, 2
Which of the following constitutional provision strengthens Indian federalism?
1. Single citizenship 2. Written constitution
3. Rigidity of constitution 4. Emergency provisions in the constitution
ANSWER
KEYS 26
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motion of Rajya of descending only 3 3
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