INTRODUCTION

• Every state must have a constitution . Without

a constitution, it is difficult to govern a state.
History tells that since the origin of the state
there had been some kinds of rules and
regulations in some form to maintain the
order and harmony in the state.
• In modern states these rules find expression in
the form of a constitution
 What is constitution?
MEANING : The term constitution is derived from latin word ‘constitute‘
which means ‘to establish‘. The constitution is the basic document of a
state.
• The supreme law of the state.
• It provides the framework for the organisation of the state government .
• A constitution is the basic design ,which deals with the structure and
powers of the government. It also includes rights and duties of citizens.
DEFINITIONS :
Acc. To Leacock , “ The constitution is the form of any particular state”.
Acc. To Bryce, “ The constitution of state consists of those of its rules of
laws which determine the form of its government and the respective
rights and duties of the citizens towards the government”.
 FRAMING OF CONSTITUTION OF INDIA
• The constitution of India was adopted by the constituent assembly on
Nov 26 , 1949 and came into force on Jan 26,1950.
• After 2nd world war (1939-1945) the idea to have constitution was given
by MN ROY.
• Constituent assembly of India set up under cabinet mission plan on
May 16,1946 the constituent assembly consist of 389 members, 292
members of provinicial legistative assembly and 97 nominated by the
princely states.
• Three communities included i.e. Sikh, Muslim and general Muslim
league decided with draw its members from the constituent assembly
of India.
• Seperate constituent assembly was made for Pakistan on July 16,1947.
• DRAFTING COMMITTEE : Dr. B.R. Ambedkar and other members are N.gopal
swami Alladi Krishna Swami, KM Munshi and Madhav Raw.
First meeting held on Dec. 9,1946 with Dr. Sachidananda Sinha and Dr. Rajinder
Prashad was elected as president Dec 11, 1946.
The first time drafting committee open the draft of constitution on Feb 4, 1948
assembly had a general discussion on it for 5 days and second meeting was
held on Nov. 15,1948. third meeting on Nov 1949 and accepted finally on Nov
26, 1949.
. The last session of general assembly was held on Jan 24, 1950 elected Dr.
Rajinder Prashad as the president of independent India it come into force on
26 Jan ,1950.
• At the time of adoption it has preamble , 395 articles and 8 schedule, 22
parts constituent assembly took 2-years and 11 months, 18 days in its
completion.
 FEATURES
• Longest written constitution.
• Partly rigid and flexible.
• The preamble as the soul of our constitution.
• BORROWING BAG : from Russian country 5 years plan
From Australia ( language of preamble, provision regarding trade and commerce etc.)
From Japan ( laws on which supreme court function)
From Germany ( suspension of fundamental rights in emergency)
From South Africa ( procedure of constitutional amendments)
From Canada ( distribution of power between centre and state )
From Ireland ( concept of Directive Principles of state policy and method of election
of president)
• Fundamental rights.
• Fundamental duties.
• Directive Principles of state policy.
• India is a secular state.
• India is a democratic state.
• India as a socialist state.
• India as a union state.
• India is republic.
• Common state language.
• Emergency provisions.
• Bicameral union parliament.
• Single integrate state with single citizenship.
• Adult suffrage.
• Special provisions relating to SC and ST.
• Independence of judiciary.
• Fedral structure.