CONSTITUTION OF INDIA

AUD-07
M.TECH 1st Semester
ECE/VLSI
 Syllabus (Aud05)
Unit 1: History of Making of the Indian Constitution: History, Drafting Committee,
(Composition & Working)
Unit 2: Philosophy of the Indian Constitution: Preamble, Salient Features.

Unit 3: Contours of Constitutional Rights & Duties: Fundamental Rights, Right to

quality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion,
Cultural and Educational Rights, Right to Constitutional Remedies, Directive Principles
of State Policy, Fundamental Duties.

Unit 4: Organs of Governance: Parliament, Composition, Qualifications and is

qualifications, Powers and Functions, Executive, President, Governor, Council of
Minister, Judiciary, Appointment and Transfer of Judges, Qualifications, Powers and
Functions

Unit 5: Local Administration: District’s Administration head: Role and Importance,

Municipalities: Introduction, Mayor and role of Elected Representative, CEO of
Municipal Corporation, Panchayati raj, Introduction, PRI: Zila Panchayat, Elected
officials and their roles, CEO Zila Panchayat, Position and role, Block level,
Organizational Hierarchy (Different departments), Village level, Role of Elected and
Appointed officials, Importance of grass root democracy
Unit 6: Election Commission: Election Commission, Role and Functioning, Chief Election
Commissioner and Election Commissioners, State Election Commission, Role and
Functioning, Institute and Bodies for the welfare of SC/ST/OBC and women.
 Indian Constitution: MC-01
Syllabus Contents: Date of Completion

1. Meaning of the term Constitution, Law and Constitutionalism 14/12

2. Historical perspective of the Constitution of India 19/12
3. Salient features and characteristics of the Constitution of India 28/12
4. Scheme of the fundamental rights 04/01
5. The scheme of the Fundamental Duties and its legal status 11/01
6. The Directive Principles of State Policy – 18/01
Its importance and implementation
7. Federal structure and distribution of legislative and financial powers 25/01
between the Union and the States
8. Parliamentary Form of Government in India – 01/02
The constitution powers and status of the President of India
9. Amendment of the Constitutional Powers and Procedure 08/02
10. The historical perspectives of the constitutional amendments in India 15/02
11. Emergency Provisions : 22/02
National Emergency, President Rule, Financial Emergency
12. Local Self Government – Constitutional Scheme in India 01/03
 CONSTITUTION- ITS BASIC DEFINITION

 A CONSTITUTION IS THE SUPREME LAW OF THE LAND. ALL OTHER

LAWS HAVE TO CONFORM/ OBEY TO THE CONSTITUTION.

A CONSTITUTION IS A BODY OF FUNDAMENTAL PRINCIPLES

ACCORDING TO WHICH A STATE IS CONSTITUTED OR GOVERNED.

 THE CONSTITUTION CONTAINS LAWS CONCERNING THE

GOVERNMENT AND ITS RELATION WITH THE PEOPLE.
 FUNCTIONS OF THE CONSTITUTION

 THE FIRST FUNCTION OF A CONSTITUTION IS TO PROVIDE A SET

OF BASIC RULES THAT ALLOW FOR MINIMAL COORDINATION
AMONG MEMBERS OF A SOCIETY.

 THE SECOND FUNCTION OF A CONSTITUTION IS TO SPECIFY WHO

HAS THE POWER TO MAKE DECISIONS IN A SOCIETY. IT DECIDES
HOW THE GOVERNMENT WILL BE CONSTITUTED.

 THE THIRD FUNCTION OF A CONSTITUTION IS TO SET SOME

LIMITS ON WHAT A GOVERNMENT CAN IMPOSE ON ITS CITIZENS.
THESE LIMITS ARE FUNDAMENTAL IN THE SENSE THAT
GOVERNMENT MAY NEVER TRESPASS THEM.

 THE FOURTH FUNCTION OF A CONSTITUTION IS TO ENABLE THE

GOVERNMENT TO FULFILL THE ASPIRATIONS OF A SOCIETY AND
CREATE CONDITIONS FOR A JUST SOCIETY.
 HOW WAS THE INDIAN CONSTITUTION MADE?

 FORMALLY THE CONSTITUTION WAS MADE BY THE

CONSTITUTENT ASSEMBLY WHICH HAD BEEN ELECTED FOR
UNDIVIDED INDIA.
 IT HELD ITS FIRST SITTING ON DEC 9, 1946 AND REASSEMBLED AS
CONSTITUENT ASSEMBLY FOR DIVIDED INDIA ON AUG 14, 1947.
 CABINET MISSION: ACCORDING TO THIS PLAN-
i. EACH PROVINCE AND EACH PRINCELY STATE OR A GROUP OF
STATES ALLOTED SEATS PROPORTIONAL TO THE POPULATION
1:10,00000.
ii. AS A RESULT THE PROVINCES (UNDER BRITISH RULE) WERE TO
ELECT 296 MEMBERS WHILE THE PRINCELY STATES WERE
ALLOTTED A MINIMUM OF 93 SEATS.
iii. THE SEATS IN EACH PROVINCE WERE DISTRIBUTED AMONG
THREE MAIN COMMUNITIES. MUSLIMS, SIKHS AND GENERAL
IN PROPORTIONAL TO THEIR RESPECTIVE POPULATION.
 HISTORY OF CONSTITUTION OF INDIA

• BRITISHERS CAME TO INDIA IN 1600 A.D IN THE FORM OF E.I.C

• TRADERS.

• GIVEN CHARTER- BY KING/QUEEN HENCE CALLED ROYAL

CHARTER

•EXCLUSIVE LICENSE- LICENSE TO TRADE

• MONOPOLY

•DIWANI RIGHTS- IN 1765, THEY GOT RIGHT OVER REVENUE, CIVIL

AND TAX COLLECTION RIGHTS IN THREE AREAS NAMELY- BENGAL,
ORISSA AND BIHAR.

•INSTEAD OF COMPANY BECOMING RICH THE OFFICERS BECAME

RICH DUE TO GROSS MISMANAGEMENT OF FUNDS, CORRUPTION
ETC.

• COMPANY WENT INTO HUGE DEBT.

 COMPANY RULE

• TO CONTROL AND REGULATE THE AFFAIRS OF THE EAST INDIA

COMPANY IN INDIA.

• REGULATING ACT/ E.I.C ACT/ CHARTER ACT

• HOW IT WILL BE DONE?

•TO REVISE AND REGULATE THE TERMS AND CONDITIONS OF THE

CHARTER EVERY 20 YEARS.

• 1773- REGULATING ACT

• 1793- PITT’S ACT
• 1813- CHARTER ACT
• 1833- CHARTER ACT
• 1853- CHARTER ACT
 REGULATING ACT OF 1773
• FIRST STEP TO REGULATE BRITISH EAST INDIA COMPANY.

• BY CREATING AN ANSWERABLE AUTHORITY.

• CHECKS AND BALANCES.

• COURT OF DIRECTORS.

• FIRST STEP TO CENTRALISE.

• THREE PRESIDENCIES: BOMBAY, BENGAL AND MADRAS.

• THE GOVERNOR OF BENGAL WAS MADE GOVERNOR GENERAL

OF BENGAL HAVING SUPREMACY OVER THE GOVERNORS OF
OTHER TWO PRESIDENCIES.
• GOVERNOR GENERAL IN COUNCIL IN SUPPORT OF Gov. General.
(4 members Executive Council.)

• LORD WARREN HASTINGS.

• ESTABLISHMENT OF SUPREME COURT

 REGULATING ACT CONTD...

• AMENDING ACT

• ACT OF SETTLEMENT OF 1781

• SETTLE THE CONTROLLING OF SUPREME COURT AND GOVERNOR

GENERAL IN COUNCILS OVER COMPANY OFFICERS.
 PITT’S INDIA ACT OF 1784
 AFTER THE NAME OF THEN BRITISH PRIME MINISTER WILLIAM
PITT’S THE YOUNGER.

 BRITISH POSSESSION-

 DOUBLE GOVERNMENT-

 SPLIT THE POWERS OF E.I.C-

i. COURT OF DIRECTORS- TO CONTROL COMMERCIAL AFFAIRS.

ii. BOARD OF CONTROL- POLITICAL/ MILITARY/ADMINISTRATIVE

 CHARTER ACT OF 1833

 FINAL STEP TOWARDS CENTRALISATION.

 THE GOVERNOR GENERAL OF BENGAL WAS DESIGNATED AS

GOVERNOR GENERAL OF INDIA.

 LAWS ( REGULATIONS) ARE ACTS (LEGISLATIVE SANCTIONED).

 LORD WILLIAM BENTICK

 COLONISATION

 BRITISHERS WERE LOOKING TO POSSESS CONTROL OVER INDIA.

 E.I.C – PURELY ADMINISTRATIVE BODY/ IN -TRUST

 CHARTER ACT OF 1853
 LAST CHARTER ACT.
 COVENANTED (HIGHER) CIVIL SERVICES- NO OPEN EXAMINATION
 LOWER CIVIL SERVICES & HIGHER CIVIL SERVICES
 HAILEYBURY’S PAETRENARD SYSTEM
 NOT AVAILABLE TO INDIANS
 NEED TO TAKE SPONSERSHIP FROM COURT OF DIRECTORS.
 BUREAUCRACY WAS VERY LOYAL FOR E.I.C.
 BRITISH GOVT. MADE THE PROVISION OF OPEN EXAMINATION
FOR COVENANTED CIVIL SERVICES BY LORD MACAULAY’S
COMMITTEE.
 SEPERATE LEGISLATIVE COUNCIL WAS ESTABLISHED NAMED AS
‘ INDIAN CENTRAL LEGISLATIVE COUNCIL’ – COUNCILLORS- MINI
PARLIAMENT.
 INDEFINITE EXTENSION/LICENSE GIVEN TO B.E.I.C.
 FIRST WAR OF INDEPENDENCE BROKE OUT IN 1857.
 SEPOY MUTINY.
 REVOLT OF 1857.
 IT BROUGHT ENGLAND INCHES AWAY FROM LOOSING INDIA.
 DOCTRINE OF LAPSE OF LORD DALHOUSIE, MANGAL PANDEY
INCIDENCE ETC..
 GOVERNMENT SYSTEM OF ENGLAND WAS NOT FUNCTIONING
PROPERLY.

GOVT. OF INDIA ACT 1858: CROWN RULE

 VICEROY NOT GOVERNOR GENERAL.

 DIRECT REPRESENTATIVE OF THE CROWN (BRITISH GOVT.).

 GOVT. OF INDIA ACT 1858 WAS TERMED AS ACT OF GOOD

GOVERNANCE IN INDIA.

 RESPONSIBLE GOVERNMENT/ ANSWERABLE GOVERNMENT.

 GOVT. OF INDIA ACT 1858 CONTD...

 ‘COUNCIL OF INDIA’ IN BRITISH PARLIAMENT

 15 MEMBERED COUNCIL / ADVISORY BODY TO BE HEADED BY

THE SECRETORY OF STATE OF INDIA ( CABINET MINSTERS).

 THESE MEMBERS WILL BE ANSWERABLE TO THE PARLIAMENT

OF ENGLAND.

 QUEEN VICTORIA MADE A PROCLAMATION IN NOV 1858 IN

ALLAHABAD, TO BE THE EMPRESS OF INDIA.

 HER MAJESTY’S GOVERNMENT.

 SECRETARY OF STATE IN COUNCIL WAS MADE BODY

CORPORATE.

 IT CAN SUE OR BE SUED.

 ADMINISTRATIVE STREAMLINING.
 INDIAN COUNCILS ACT

 1861/1892/1909

 LORD CANNINGS- THE FIRST VICEROY

 GET INDIANS INVOLVED IN EXTENDED LEGISLATIVE COUNCIL

 DEVELOP AND EVOLVE LEGISLATIVE COUNCILS.

INDIAN COUNCILS ACT OF 1861

 NON-OFFICIAL MEMBERS (INDIANS NOMINATED BY VICEROY).

 RAJA OF BANARAS, MAHARAJA OF PATIALA, SIR DINKAR RAO.

 COMMENCEMENT OF DECENTRALISATION. (FIRST STEP)

 TRANSACTION RULES/ RECOGNISED PORTFOLIO SYSTEM OF 1859/

ORDINANCES.
 INDIAN COUNCIL ACT, 1892

 LEGISLATIVE COUNCIL BECAME STRONGER.

 BUDGET RELATED DISCUSSIONS.

 ASK QUESTIONS TO THE EXECUTIVES.

 RECOMMENDATION OF THE PROVINCIAL LEGISLATIVE COUNCIL

AND BENGAL CHAMBER OF COMMERCE .

 PROVINCIAL LEGISLATIVE COUNCIL- ZAMINDARS/ TRADE

UNIONS/ UNIVERSITIES.

 INDIRECT ELECTIONS.
 INDIAN COUNCIL ACT, 1909

 MORLEY MINTO REFORMS.

i. LORD CURZON- PARTITION OF BENGAL

ii. ESTABLISHMENT OF MUSLIM LEAGUE AS A POLITICAL PARTY.

 SECRETARY STATES OF INDIA (BRITAIN)-MORLEY

 VICEROY (INDIA)- MINTO

 CENTRAL LEGISLATIVE COUNCIL- STRENGTH INCREASED

FROM 16 TO 60.

 INCREASE IN PROVINCIAL LEGISLATIVE COUNCIL ALSO.

 SEPERATE ELECTORATE FOR CERTAIN COMMUNITY.

 ALSO HAD COMMUNAL ELECTORATE SYSTEM.

MAHATMA
GANDHI
ARRIVED
 ROADMAP
TO
INDEPENDANCE

MAHATAMA GANDHI
ROADMAP TO INDEPENDENCE- FATHER OF THE NATION

 COLONY ---------------- DOMINION------------------ INDEPENDENT

 COLONY- WHEN STRONGER STATE CONTROLS THE SMALLER/

WEAKER STATE NOT MILITARILY BUT POLITICALLY AND
LEGALLY.

 DOMINION- POLITICAL AND LEGAL INDEPENDENCE; OWN

CONSTITUTENT ASSEMBLY , HEAD OF THE STATE IS EITHER KING
OR QUEEN.

 INDEPENDENT- SOVEREIGN
 GOVERNMENT OF INDIA ACT , 1919

 FREEDOM STRUGGLE OR PROVINCIAL AUTONOMY

 MONTAGUE CHELMSFORD REFORMS – MONTFORD REFORMS

 LEGISLATURE LISTS SEPERATED BUT NOT EXECUTIVE ( FEDERAL

LIST SEPARATED FROM PROVINCIAL LIST)

 PROVINCIAL LIST- a) RESERVED , b) TRANSFERRED

 RESERVED LIST- ADVICE OF THE COMs NOT BINDING ON THE

VICEROY.

TRANSFERRED LIST- ADVICE OF THE COMs IS BINDING ON THE

VICEROY.

DYARCHY (NOT BICAMERALSM)

WE WANTED PROVINCIAL AUTONOMY, THEY GAVE US DYARCHY.

 LANDMARK CHANGES

 BICAMERALISM- INDIAN LEGISLATIVE COUNCIL

 COUNCIL OF STATES
 HOUSE OF PEOPLE

 EXECUTIVE COUNCIL – 3/6 WILL BE INDIANS.

 SEPARATE ELECTORATE FOR SIKHS , ANGLO- INDIANS ETC.
 LIMITED FRANCHISE- ONLY 10% INDIANS WERE GIVEN VOTING
RIGHTS.
 THEY NEVER GAVE US U.A.F
 HIGH COMMISSIONER FOR INDIA ESTABLISHED IN LONDON.
 C.P.S.C WAS ESTABLISHED.
 SEPERATE PROVINCIAL BUDJET FROM CENTRAL BUDGET.
 WE WANTED TRUE PROVINCIAL AUTONOMY, THEY GAVE US
FALSE SENSE OF IT.
 BRITISHERS WERE STILL PLAYING THEIR GAMES, GANDHIJI
BECAME ANGRY
 GANDHIJI LAUNCHED NON COOPERATION MOVEMENT.
 IN 10 YEARS THEY WILL REVISE THE ACT.
 SIMON COMMISSON
 1927- JOHN SIMON

 NO INDIANS

 ROUND TABLE CONFERENCES

 ‘WHITE PAPER ON CONSTITUTIONAL REFORMS’

 LED TO THE FORMATION OF G.O.I ACT 1935

 G.O.I ACT 1935
(MOST IMPORTANT SOURCE OF INDIAN CONSTITUTION)
ALL INDIA FEDERATION:- COMBINATION OF
STATES
 PROVINCES(COLONY)-PROVINCIAL AUTONOMY
 PRINCELY STATES-DOCTRINE OF PARAMOUNCY

 FEDERAL LIST
 PROVINCIAL LIST
 CONCURRENT LIST
RESIDUARY POWER TO VICEROY
 BACK TO DECENTRALZATION
PRINCELY STATES SAY NO
 PROVINCIAL AUTONOMY

 NO DYARCHY

 BICAMERALISM IN SOME STATES

 COUNCIL OF INDIA WAS ABOLISHED

 LIMITED FRANCHISE

 RESERVE BANK OF INDIA WAS ESTABLISHED

 C.P.S.C/ S.P.S.C/ J.P.S.C

 AUGUST OFFER 1940
LONG DEMAND FOR OWN CONSTITUTION – M.N ROY , 1934

 HITER ATTACKED BRITAIN, 1940- BATTLE OF BRITAIN.

 LORD LINLITHGOW, then Viceroy- declared India vs Germany

 AUGUST 8,1940- only principle acceptance ( no formalisation)

 CRIPPS MISSION, 1942- To formalise August offer, newly elected

P.M Winston Churchill send 3 members from his cabinet. Stafford
Cripps, A.V Alexander and Pethick Lawrence.

 Muslim League did not accept hence Cripps Mission returned back as
a failure. Gandhi ji launched Quit India Moment in retaliation in August
1942.
 World War-II ended by 1945. It left Britain very weak.
 Cabinet Mission-II , 1946- convinced Muslim league
FORMATION OF CONSTITUTENT ASSEMBLY
 June 1946
 389 seats ; every 10lakh people:1seat; total pop. 39 Crore
 296- by election
 93- nominated by the Princely States
 Result: INC-208, ML- 73, Others-15
 211 ; strength of Constituent Assembly on Dec 9, 1946;
First day of the session
 Indirect Election
 Proportional Representation
 Sachidanand Sinha – President on Temporary Basis.
 Dr. Rajendra Prasad – 1st President.
 H.C Mukherjee & V.T Krishanamachari – Vice Presidents
 Sir B.N Rao- Legal Adviser.
 Dr. B.R Ambedkar- Chairman of Drafting Committee
(7 members) on Aug 29, 1947.
 DETAILS of CONSTITUTION

 395 Article and 8 Schedules

 Aims and Objectives Resolution- 13/12/1946

 Unanimously adopted on 22/01/1947

 On Feb 20, 1947; then Britain P.M Clement Attlee

announced by June 1948.

 Lord Mountbatten Plan- 3/6/1947

 Demand of Pakistan was accepted. Doors of

Independence had opened.
 INDIA INDEPENDENCE ACT, 1947
 ACT PASSED BY BRITISH GOVERNMENT ON JULY
18, 1947.
 END OF BRITISH RULE.
 APPOINTED DAY- 15/8/1047
 TWO SEPARATE NATIONS- INDIA & PAKISTAN
 NO H.M.G, NO VICEROY
 GOVERNOR GENERAL – LORD MOUNTBATTEN
TILL INDIA & PAK BECAME REPUBLIC HAVING
OWN CONSTITUION.
 EACH DOMINION- HAVING OWN CONSTITUENT
ASSEMBLY.
 NO ACT OF BRITISH PARLIAMENT EXTENDABLE
 LAPSE OF BRITISH PARAMOUNTCY
 INTERIM CONSTITUTION- GOI ACT, 1935.
 DIFFERENT DATES
 ART. 5,6,7,8,9,60,324,366,367,379,380,388,391,392,393
CAME INTO FORCE ON 26/11/1949.

 REST ON 26/01/1950

 “ COMMENCEMENT OF THE CONSTITUTION”

 POORNA SWARAJ (26/01/1930)

 CRITICISM
 NOT SOVEREIGN
 CONGRESS DOMINATED
 TIME CONSUMING
 NOT REPRESENTATIVE
 BORROWED FEATURES:
U.S-
•Written Constitution
•Executive head of state known as President and he is the supreme commander of the Armed
Forces.
•Vice-President as the Ex-Officio Chairman of Rajya Sabha
•Fundamental Rights
•Supreme Court
•Independence of Judiciary and Judicial Review.
•Preamble.

U.K-
•Cabinet system of Ministers
•Post of P.M
•Parliamentary type of Govt.
•Bicameral Parliament
•Lower house more powerful
•Council of Ministers responsible to Lower House
•Speaker of Lok Sabha
 
U.S.S.R-
•Fundamental Duties
•Five Year Plan
 BORROWED FEATURES:

Australia-
•Language of the Preamble
•Provision regarding trade, commerce and intercourse
•Concurrent List

Japan-
•Law on which the Supreme Court Function

Canada-
•Scheme of Federation with a Strong Centre
•Distribution of powers between Centre and the States. Residuary Powers with the Centre.

Ireland-
•Concept of Directive Principles of State Policy( Ireland borrowed it from Spain)
•Method of Election of the President
•Nomination of Members in Rajya Sabha by the President
 THE PREAMBLE OF THE CONSTITUTION OF INDIA
The Preamble of the Constitution of India
 is a brief introductory statement
 sets out the guiding purpose and the Principles of the document

WE, THE PEOPLE OF INDIA, HAVING SOLEMNLY RESOLVED TO CONSTITUTE

INDIA INTO A

• SOVEREIGN- a supreme ruler, possessing supreme power or ultimate power

• SOCIALIST- supporting economic and social interventions to promote social justice
• SECULAR- not concerned with religion, unrelated or neutral in regards to religion
• DEMOCRATIC- a system in which the government of a country is elected by the people
• REPUBLIC- no room for hereditary, ruler or Monarch
AND TO SECURE TO ALL ITS CITIZENS

• JUSTICE- Social, Economic and Political

• LIBERTY of Thoughts, Expression, Belief, Faith and Worship
• EQUALITY of Status & of Opportunity and to Promote among them 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, WE DO HEREBY ADOPT, ENACT and GIVE TO OURSELVES
THIS CONSTITUTION.
 F.R D.P.S.P
1. ARTICLES 12-35 36-51

2. PART III IV

3. BORROWED U.S IRELAND

4. TYPES 6 3

5. GUARENTEED NON-
GUARENTEED

6. JUSTICIABLE NON- JUSTICIABLE

7. NEGATIVE POSITIVE
 ORIGINAL FUNDAMENTAL DUTIES
1. To abide by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem.

2. To cherish and follow the noble ideals which inspired our National struggle for freedom.

3. To uphold and protect the Sovereignty, Unity and Integrity of India.

4. To defend the Country and render National Service when called upon to do so.

5. To promote harmony and the Spirit of common Brotherhood amongst all the people of India
and to renounce practices derogatory to the Dignity of women.

6. To value and preserve the rich Heritage of our Composite Culture.

7. To protect and improve the Natural Environment including Forests, Lakes, Wildlife and to
have Compassion for living creatures.

8. To develop the scientific temper, humanism and the spirit of Inquiry

9. To safeguard Public Property and to Abjure Violence.

10. To strive towards Excellence in all spheres of individual and Collective Activity so that the
Nation constantly rises to Higher Levels of Endeavour and Achievements.
 POINTS TO REMEMBER ABOUT F.D

86th Constitutional Amendment Act 2002 added 11th F.D

 dealt with an Early Childhood Care and Education.

 F.D (Part 4A ) is amendable.

 Non Justiciable.

 Swaran Singh Committee

 Reminder to the Citizens.

 To strengthen Democracy.

 42nd C.A.A 1976

 Article 51A

 Part 4A

 Borrowed from U.S.S.R