CONSTITUTION

OF
INDIA, LAW
AND
ENGINEERING
 Module 1
Introduction and
Basic Information
about Indian
Constitution
 Meaning of The Constitution, Law And
Constitutionalism
Constitution: The Constitution of India is the supreme
law of India. The document lays down the framework that
demarcates fundamental political code, structure,
procedures, powers, and duties of government institutions
and sets out fundamental rights, directive principles, and
the duties of citizens. The original Text constitution
contained 395 article in 22 parts and 8 schedules (1950). It
came into effect on January 26, 1950.The day that India
celebrates each year as Republic Day. The number of article
has since increased to 470 (25 parts & 12 schedule-2021)
due 104 amendments.
Date effective: 26 January 1950; 71 years ago
Last amended: 25 January 2020 (104th)
Amendments: 104
System: Federal Parliamentary Constitutional Republic
Signatories: 284 members of the Constituent Assembly
Federalism: Federal
A constitution is a legal document having a special legal
sanctity which sets out the framework and the principal
functions of the government organs of a State and lays down
the principles governing the operation of those organs. The
Constitution is framed by a body of representatives duly elected
by the people at a particular point of time in history. The
Constitution places itself above and between the two processes
of law-making and law enforcement. The Constitution is a
source of power and not an exercise of legislative power.
Constitutional law:
According to one wide definition, constitutional law is
that part of national law which governs the systems of
public administration and the relationship between the
individual and the state. Constitutional law presupposes
the existence of the state .
Constitutional law is a broader term as it comprises of the
Constitution, statutory regulations, judicial decisions and
conventions. It has been developed by interpretation of the
Constitution through judicial review. It consists of legal
norms and non-legal norms. Legal norms are those which
can be enforced and applied by the Courts, whereas non-
legal norms refer to conventions, usages, practices and
customs.
Constitutionalism: Constitutionalism' means limited
government or limitation on government. Its authority depends upon
its ability to observe those limitations. Constitutionalism recognizes
the need for government with powers but at the same time insists
that limitation be placed on those powers.
Constitutionalism recognizes the need for a government but insists
upon constraints being placed on the powers of the government. It
checks and balances and puts the power of the legislature and
executive under some restraints. It prevents them from being
arbitrary. The powers of the government can be limited through
procedural stability, division of powers, accountability, openness, and
disclosure. The Constitution places restrictions on the powers of the
government to preserve the fundamental freedom of the individuals.
 Historical Background of the
Constituent Assembly
(What is the historical background of Indian Constitution?)
Prior to the constituent assembly that convened in 1948 to draft
the Indian constitution adopted in 1950 and still in force to date, the
fundamental law of India was mostly embodied in a series of
statutes enacted by the British Parliament. Key among them was the
Government of India Acts of 1919 and 1935.
The Constituent Assembly (?)met for the first time on 9 December
1946, reassembling on 14 August 1947 as a sovereign body and
successor to the British parliament's authority in India. As a result of
the partition, under the Mountbatten plan, a separate Constituent
Assembly of Pakistan was established on 3 June 1947.
The constituent assembly (?) is an assembly of chosen
representatives who gather to draft a constitution. It is
also called the constitution assembly. As the constitution is the
fundamental document for the functioning of the state, it
cannot be amended or modified by the normal legislature
procedures.The Constituent Assembly of India was elected to
write the Constitution of India. Following India's independence
from British Government in 1947, its members served as the
nation's first Parliament.
An idea for a Constituent Assembly was proposed in 1934 by 
M. N. Roy, a pioneer of the Communist movement in India and
an advocate of radical democracy. It became an official demand
of the Indian National Congress in 1935, C. Rajagopalachari
 voiced the demand for a Constituent Assembly on 15 November
1939 based on adult franchise, and was accepted by the British
in August 1940.
On 8 August 1940, a statement was made by 
Viceroy Lord Linlithgow about the expansion of the 
Governor-General's Executive Council and the establishment of a
War Advisory Council. This offer, known as the August Offer,
included giving full weight to minority opinions and allowing
Indians to draft their own constitution. Under the 
Cabinet Mission Plan of 1946, elections were held for the first
time for the Constituent Assembly. The Constitution of India was
drafted by the Constituent Assembly, and it was implemented
under the Cabinet Mission Plan on 16 May 1946. The members of
the Constituent Assembly were elected by the provincial
assemblies by a single, transferable-vote system of proportional
representation. The total membership of the Constituent Assembly
was 389 of which 292 were representatives of the states, 93
represented the princely states and four were from the chief
commissioner provinces of Delhi, Ajmer-Merwara, Coorg and
British Baluchistan.
The elections for the 296 seats assigned to the British Indian
provinces were completed by August 1946. Congress won 208
seats, and the Muslim League 73. After this election, the Muslim
League refused to cooperate with the Congress, and the political
situation deteriorated. Hindu-Muslim riots began, and the
Muslim League demanded a separate constituent assembly for
Muslims in India. On 3 June 1947 Lord Mountbatten, the last
British Governor-General of India, announced his intention to
scrap the Cabinet Mission Plan; this culminated in the 
Indian Independence Act 1947 and the separate nations of India
and Pakistan. The Indian Independence Act was passed on 18
July 1947 and, although it was earlier declared that India would
become independent in June 1948, this event led to
independence on 15 August 1947. The Constituent Assembly
met for the first time on 9 December 1946, reassembling on 14
August 1947 as a sovereign body and successor to the British
parliament's authority in India.
As a result of the partition, under the Mountbatten plan, a
separate Constituent Assembly of Pakistan was established on 3
June 1947. The representatives of the areas incorporated into
Pakistan ceased to be members of the Constituent Assembly of
India. New elections were held for the West Punjab and East
Bengal (which became part of Pakistan, although East Bengal
later seceded to become Bangladesh); the membership of the
Constituent Assembly was 299 after the reorganization, and it
met on 31 December 1947. The constitution was drafted by 299
delegates from different caste ,region religion ,gender etc. These
delegates sat over 114 days spread over 3 years (2 years 11
months and 17days to be precise) and discussed what the
constitution should contain and what laws should be included.
The Drafting Committee of the Constitution was chaired by
Dr. B.R Ambedkar.
B. R. Ambedkar (Who Framed Indian Constitution?) was a
wise constitutional expert, he had studied the constitutions
of about 60 countries. Ambedkar is recognised as the
"Father of the Constitution of India". The constitution of
India is the biggest constitution in the world as it includes
laws from other countries' constitutions also.
Prem Behari Narain Raizada (Saxena ,Who wrote Indian
Constitution?) , the man who hand wrote the original
Constitution of India. Within a vault-like room in the Library
of the Parliament of India in New Delhi sit helium-filled
cases - 30x21x9 inches.
 Background And Election
India was still under British rule when the Constituent
Assembly was established following negotiations between
Indian leaders and members of the 
1946 Cabinet Mission to India from the United Kingdom. 
Provincial assembly elections were held in mid 1946.
Constituent Assembly members were elected indirectly by
members of the newly elected provincial assemblies, and
initially included representatives for those provinces that
formed part of Pakistan (some of which are now in 
Bangladesh). The Constituent Assembly had 299
representatives, including fifteen women.
 Constitution and elections
At 11 am on 9 December 1946 the Assembly began its first
session, with 207 members attending. By early 1947,
representatives of the Muslim League and princely states
joined, and the Assembly approved the draft constitution on
26 November 1949. On 26 January 1950 the constitution
took effect (commemorated as Republic Day), and the
Constituent Assembly became the Provisional Parliament
of India (continuing until after the first elections under the
new constitution in 1952).
Organization
Dr. Rajendra Prasad was elected as the president and Its
vice-president was Harendra Coomar Mookerjee, a
Christian from Bengal and former vice-chancellor of
Calcutta University. Also chairing the assembly's Minorities
Committee, Mookerjee was appointed governor of West
Bengal after India became a republic. Jurist B. N. Rau was
appointed constitutional adviser to the assembly; Rau
prepared the original draft of the constitution, and was later
appointed a judge in the 
Permanent Court of International Justice in The Hague.
The assembly's work had five stages:

Committees presented reports on issues.

B.N. Rau prepared an initial draft based on the reports
and his research into the constitutions of other nations.
The drafting committee, chaired by B. R. Ambedkar,
presented a detailed draft constitution which was published
for public discussion.
The draft constitution was discussed, and amendments
proposed and enacted.
The constitution was adopted, with a committee of
experts led by the Congress Party (known as the Congress
Assembly Party) played a pivotal role.
Time Line of Formation of
"The Constitution of India"
•6 December 1946: Formation of the Constitution
Assembly. (in accordance with French practice.)
•9 December 1946: The first meeting was held in the
constitution hall (now the Central Hall of Parliament House
). 1st person to address - J. B. Kripalani. Temporary president
Appointed - Sachchidananda Sinha. (Demanding a separate
state, the Muslim League boycotted the meeting.)
•11 December 1946: President Appointed - Rajendra Prasad
, vice-Chairman Harendra Coomar Mookerjee
 and constitutional legal adviser B. N. Rau (initially 389
members in total, which declined to 299 after partition. out of
389 - 292 were from govt. province, 4 from chief
commissioner province and 93 from princely states)
•13 December 1946: An 'Objective Resolution' was
presented by Jawaharlal Nehru, laying down the underlying
principles of the constitution. which later became the
Preamble of the constitution.
•22 January 1947: Objective resolution unanimously
adopted.
•22 July 1947: National flag adopted.
•15 August 1947: Achieved independence. India Split into 
Dominion of India and Dominion of Pakistan.
•29 August 1947: Drafting Committee appointed with 
Dr. B. R. Ambedkar as the Chairman.other 6 members of
committee was : K.M.Munshi, Muhammed Saadulah, Alladi
Krishnaswamy Iyer, Gopala Swami Ayyangar, N. Madhava
Rao(He replaced B.L. Mitter who resigned due to ill-health), 
T. T. Krishnamachari(He replaced D.P. Khaitan who died in
1948)
•16 July 1948: Along with Harendra Coomar Mookerjee 
V. T. Krishnamachari was also elected as second vice-
president of Constituent Assembly.
•26 November 1949: 'Constitution of India' passed and
adopted by the assembly.
•24 January 1950: Last meeting of Constituent Assembly.
'constitution of india' all signed and accepted. (with 395
Articles, 8 Schedules, 22 Parts)
•26 January 1950: 'Constitution of India' came in to force.
(It Took 2 Years, 11 Months, 18 Days - at a total expenditure
of ₹6.4 million to finish)
•Ganesh Vasudev Mavalankar was the first speaker when
meeting the assembly of Lok Sabha, after turning republic.
 Government of India Act 1935 (M imp)
The Government of Indian Act was passed by the British
parliament in 1935 and came into effect in 1937. It was
based on a report by a Joint Select Committee, led by Lord
Linlithgow, set up the two houses of the British parliament.
The report, in turn, was the result of the Joint Committee’s
scrutiny of the ‘White Paper’ – a scheme of constitutional
proposals - prepared by the British government close on the
heels of the Round Table conferences.
The Act was written in a legal style, organised around 11
'Parts' and 10 'Schedules'. Each part was further divided into
chapters. It is considered to be one of the longest pieces of
legislation passed by the British parliament - parliamentary
debates around the Act involved 2000 speeches.
Some of the key features of the Act were:
1. It provided for the establishment of an All-India
Federation consisting of provinces and princely states as
units. The Act divided the powers between the Centre and
units in terms of three lists—Federal List (for Centre, with
59 items), Provincial List (for provinces, with 54 items) and
the Concurrent List (for both, with 36 items). Residuary
powers were given to the Viceroy. However, the federation
never came into being as the princely states did not join it.
2. It abolished dyarchy in the provinces and introduced
‘provincial autonomy’ in its place. The provinces were
allowed to act as autonomous units of administration in
their defined spheres. Moreover, the Act introduced
responsible governments in provinces, that is, the governor
was required to act with the advice of ministers responsible
to the provincial legislature. This came into effect in 1937
and was discontinued in 1939.
3. It provided for the adoption of dyarchy at the Centre.
Consequently, the federal subjects were divided into
reserved subjects and transferred subjects. However, this
provision of the Act did not come into operation at all.
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.
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.
His conception, familiar in dominion constitutions, was
absent in earlier Acts passed for India.
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.
 Indian Independence Act 1947
The 1947 Indian Independence Act  is an Act of the 
Parliament of the United Kingdom that partitioned 
British India into the two new independent dominions of 
India and Pakistan. The Act received the Royal Assent on 18
July 1947 and thus India and Pakistan, comprising West
(modern day Pakistan) and East (modern day Bangladesh)
regions, came into being on 15 August.
The legislature representatives of the 
Indian National Congress, the Muslim League, and the Sikh
 community came to an agreement with Lord Mountbatten
 on what has come to be known as the 3 June
Plan or Mountbatten Plan. This plan was the last plan for
independence.
Provisions
The Act's most important provisions were:
•division of British India into the two new dominions of 
India and Pakistan, with effect from 15 August 1947.
•partition of the provinces of Bengal and Punjab between
the two new countries.
•establishment of the office of Governor-General in each of
the two new countries, as representatives of the Crown.
•conferral of complete legislative authority upon the
respective Constituent Assemblies of the two new countries.
•termination of British suzerainty over the princely states,
with effect from 15 August 1947, and recognised the right
of states to remain independent or accede to either
dominion.
•Abolition of the use of the title "Emperor of India" by the 
British monarch (this was subsequently executed by 
King George VI by royal proclamation on 22 June 1948).
•The Act also made provision for the division of joint
property, etc. between the two new countries, including in
particular the division of the armed forces.
 Enforcement of the Constitution:
• The Constitution of India came into force on 26 January,
1950. On that day, the Assembly ceased to exist,
transforming itself into the Provisional Parliament of India
until a new Parliament was constituted in 1952.
• The date of 26th January was chosen to commemorate the
historical day as on this day in 1930 that Purna Swaraj day
was celebrated and the tricolour flag of Indian independence
was unfurled following the resolution of the Lahore
Session (December 1929) of the Indian National Congress .
• Some provisions of the Constitution pertaining to
citizenship, elections, provisional parliament, temporary and
transitional provisions, and short title contained in Articles
5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and
393 came into force on November 26, 1949 itself.
•The remaining provisions (the major part) of the
Constitution came into force on January 26, 1950. This day
is referred to in the Constitution as the ‘date of its
commencement’ and celebrated as the Republic Day.
• With the commencement of the Constitution, the Indian
Independence Act of 1947 and the Government of India Act
of 1935, with all enactments amending or supplementing
the latter Act, were repealed. The Abolition of Privy
Council Jurisdiction Act (1949) was however continued.
 INDIAN CONSTITUTION
AND ITS SALIENT
FEATURES
The Constitution of India is a unique constitution. It is the
largest written liberal democratic constitution of the world.
It provides for a mixture of federalism and Unitarianism,
and flexibility and with rigidity. Since its inauguration on
26th January 1950, the Constitution India has been
successfully guiding the path and progress of India.

The salient features of the Constitution of India can be

discussed as follows:
(1) Written and Detailed Constitution:
The Constitution is a wholly written document which
incorporates the constitutional law of India. It was fully
debated and duly enacted by the Constitution Assembly of
India. It took the Assembly 2 years, 11 months and 18 days
to write and enact the Constitution.
Indian Constitution is a very detailed constitution. It
consists of 395 Articles divided into22 Partswith8
Schedules and 104 constitutional
amendments(470,25,12). It is a constitution of both the
Centre and states of Indian Union It are indeed much bigger
than the US Constitution which has only 7 Articles and the
French Constitution with its 89 Articles.
(2) Self-made and Enacted Constitution:
Indian Constitution is a constitution made by the people of
India acting through their duly elected and representative
body—the Constituent Assembly that was organised in
December 1946. Its first session was held on 9th December,
1946. It passed the Objectives Resolution on 22 January,
1947.
Thereafter, it initiated the process of constitution-making in
the right earnest and was in a position to finally pass and
adopt the constitution on 26th November, 1949. The
constitution became fully operational with effect from 26th
January 1950. We celebrate this day as our Republic Day.
The Constitution of India is thus a self-made and duly
enacted constitution.
(3) Preamble of the Constitution:
The Preamble to the Constitution of India is a well drafted
document which states the philosophy of the constitution. It
declares India to be a Sovereign Socialist Secular Democratic
Republic and a welfare state committed to secure justice,
liberty and equality for the people and for promoting
fraternity, dignity the individual, and unity and integrity of
the nation. The Preamble is the key to the constitution. It
states in nutshell the nature of Indian state and the objectives
it is committed to secure for the people.
(4) India is a Democratic Socialist State:
Although, right from the beginning the Indian Constitution fully
reflected the spirit of democratic socialism, it was only in 1976
that the Preamble was amended to include the term ‘Socialism’. It
is now regarded as a prime feature of Indian state. India is
committed to secure social, economic and political 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 7 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
(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(अनुसमर्थन). 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:
It provides for Equality before Law, End of Discrimination,
Equality of Opportunity, Abolition of untouchability and
Abolition of Titles.
(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.
The Constitution lays down that the freedom of life and
liberty cannot be limited or denied except in accordance with
the procedure established by law. Now under Art 21A Right
to Education for the children between the ages of 6-14 years
has been granted. Art. 22 guarantees protection against
arbitrary arrest and detention.
(iii) Right against Exploitation:
This Fundamental Right prohibits sale and purchase of
human beings, forced labour (beggar) and employment of
children in hazardous jobs and factories.
(iv) Right to Freedom of Religion:
The grant of this right involves the freedom of conscience,
religion and worship. Any person can follow any religion. It
gives to all religions freedom to establish and maintain their
religious institutions. Mo person can be compelled to pay any
tax for the propagation of any religion. The state cannot levy
a tax for any religion and constitution prohibits the imparting
of religious instructions in schools and colleges.
(v) Cultural and Educational Rights:
Under this category the Constitution guarantees the rights
of the minorities to maintain and develop their languages
and cultures. It also confers upon them the right to
establish, maintain and administer their educational
institutions.
(vi) Right to Constitutional Remedies (Art. 32):
This fundamental right is the soul of the entire Bill of
Rights. It provides for the enforcement and protection of
Fundamental Rights by the courts. It empowers the
Supreme Court and High Courts to issue writs for the
enforcement of these rights.
(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:
1. Respect for the Constitution, the national flag and the
national anthem;
2. Cherish the noble ideals of the freedom struggle;
3. Uphold and protect the sovereignty, unity and integrity of
India;
4. Defend the country and render national service when
called;
5. Promote the common brotherhood of all the people of
India and renounce any practice derogatory to the dignity of
women;
6. Preserve the rich heritage of the nation’s composite
culture;
7. Project the natural environment and have compassion for
living creatures;
8. Develop scientific temper, humanism and spirit of inquiry
and reform;
9. Safeguard public property and abjure violence; and
10. Strive for excellence in all individual and collective
activity.
11. Duty of the parents to send their children to schools for
getting education.
The Fundamental Duties are, however, not enforceable
by the courts.
(14) Directive Principles of State Policy:
Part IV of the Constitution dealing with the ‘Directive
Principles of State Policy’ provides one of the most striking
features of the Indian Constitution. The Directive Principles
are instructions to the state for securing socio-economic
developmental objectives through its policies. These are to be
implemented by both the Union for the States.
For example, Directive Principles direct the state to ensure
for the people adequate means of livelihood, fairer
distribution of wealth, equal pay for equal work, protection of
children, women, labour and youth, old age pension, social
security, local self-government, protection of the interests of
the weaker sections of society; promotion of cottage
industries, rural development, international ‘peace friendship
and co-operation with other states etc. The aim of Part IV is
to secure and strengthen socio-economic democracy in India.
(15) Bi-Cameral Union Parliament:
The Constitution provides for a Bicameral Legislature at the
Union level and names it as the Union Parliament. Its two Houses
are: The Lok Sabha and the Rajya Sabha. The Lok Sabha is the
lower, popular, directly elected house of the Parliament. It
represents the people of India.
Its maximum strength stands fixed at 550. Presently Lok Sabha
has 545 members. The people of each state elect representatives in
proportion to their population. Orissa has 21 seats out of which
some seats are reserved for the people belonging to SCs and STs.
Members of the Lok Sabha are directly elected by the people of
India. All men and women of 18 years or above of age whose
names are registered in the voters lists vote in elections for
electing the members of Lok Sabha. Every voter of 25 years or
above of age is eligible to contest elections to the Lok Sabha. The
tenure of the Lok Sabha is 5 years. But the President acting under
the advice of Prime Minister can dissolve it earlier also.
The Rajya Sabha is the upper and, indirectly elected second
House of Parliament. It represents the states of the Indian union.
Its maximum membership can be 250. Presently, the Rajya Sabha
has 245 members. Out of these 233 members are elected by all the
State Legislative Assemblies and 12 are nominated by the
President from amongst eminent persons from the fields of Art,
Science and Literature. Rajya Sabha is a quasi-permanent house.
Its 1/3rd members retire after every two years. Each member has a
tenure of six years. Orissa has 10 seats in the Rajya Sabha.
Of the two houses, of Parliament, the Lok Sabha is a more
powerful House. It alone has financial powers. The Union Council
of Ministers is collectively responsible before the Lok Sabha.
However, the Rajya Sabha is neither as powerless as the British
House of Lords and nor the Lok Sabha is as powerful as the
British House of Commons.
(16) Parliamentary System:
The Constitution of India provides for a parliamentary
system of government at the Centre as well as in every state
of the Union. The President of India is the constitutional
head of state with nominal powers. The Union Council of
Ministers headed by the Prime Minister is the real executive.
Ministers are essentially the members of the Union
Parliament.
For all its policies and decisions the Council of Ministers is
collectively responsible before the Lok Sabha. The Lok
Sabha can remove the Ministry by passing a vote of no-
confidence. The Cabinet, in fact the Prime Minister has the
power to get the Lok Sabha dissolved by the President. On
similar lines a parliamentary government is also at work in
each state.
(17) Adult-Suffrage (वयस्क-पीड़ित) :
Another feature of the Constitution is that it provides for
universal adult suffrage. All men and women enjoy an equal
right to vote. Each adult man and woman above the age of 18
years has the right to vote. All registered voters get the
opportunity to vote in elections.
(18) Single integrated State with Single Citizenship:
India is the single Independent and Sovereign integrated
state. Presently it has 28 states and 7 Union Territories. All
citizens enjoy a common uniform citizenship. They are
entitled to equal rights and freedoms, and equal protection of
the state.”
(19) Single Integrated Judiciary:
The Constitution provides for a single integrated judicial
system common for the Union and the states. The Supreme
Court of India works at the apex level, High Courts at the
state level and other courts work under the High Courts.
There are 25 State High Courts working in all parts of India.
(20) Independence of Judiciary:
The Indian Constitution makes judiciary truly
independent. It is clear from the following facts:
(a) Judges are appointed by the President,
(b) Only persons with high legal qualifications and
experience are appointed as judges,
(c) Judges of the Supreme Court cannot be removed from
office except through an extremely difficult process of
implement.
(d) The salaries of the judges are very high,
(e) The Supreme Court has its own staff. Indian judiciary
has an autonomous organisation and status. It works as an
independent and powerful judiciary.
(21) Judicial Review:
The Constitution is the supreme law of the land. The Supreme
Court acts as the guardian protector and interpreter of the
Constitution. It is also the guardian of the Fundamental Rights
of the people. For this purpose it exercises the power of
judicial review. By it, the Supreme Court determines the
constitutional validity of all laws made by the legislatures. It
can reject any law which is found to be unconstitutional.
(22) Judicial Activism(PIL):
Currently, Indian judiciary has been becoming more and more
active towards the performance of its social obligations.
Through Public Interest Litigation system (PIL) as well as
through a more active exercise of its powers, the Indian
judiciary has been now very actively trying to secure all public
demands and needs due to them under the laws and policies of
the state.
(23) Emergency Provisions:
The Constitution of India contains special provisions for dealing with
emergencies.
It recognises three types of possible emergencies:
(1) National Emergency (Article 352) an emergency resulting from war
or external aggression or threat of external aggressions against India or
from armed rebellion within India or in any of its part;
(2) Constitutional Emergency in a State (Article 356) an emergency
resulting from the failure of constitutional machinery in any state; or
some states and
(3) Financial Emergency (Article 360) an emergency resulting from a
threat to financial stability of India.
The President of India has been empowered to take appropriate steps
for dealing with these emergencies. During the period of an emergency,
the powers of the President, actually of the PM and the Union Council
of Ministers Cabinet increase tremendously. President can take all
steps deemed essential for meeting an emergency. These are called
emergency powers of the President.
(24) Special Provisions relating to Scheduled Castes and
Scheduled Tribes:
With a view to protect the interests of people belonging to
Scheduled Castes and Scheduled Tribes, the Constitution lays
down certain special provisions. It provides for reservation of
seats in the legislatures for the people belonging to Scheduled
Castes and Scheduled Tribes. President can nominate in Lok
Sabha not more than two members of the Anglo-Indian
Community in case he is of the opinion that this community is
not adequately represented in the House.
Reservation of some jobs for the people belonging to SCs, STs
and OBCs has also been in operation. The reservation system
has been now extended upto the year 2020.Presently, a bill for
granting 33% reservation of legislative seats for women is in
the process of getting enacted into law. Reservation system is
also in existence in the Panchayats and Municipal Councils.
(25) Provisions regarding Language:
The Constitution lays down special provisions for defining
the Language of the Union, Regional Languages and
Language of the Supreme Court and High Courts. It states
that the official language of the Union shall be Hindi in
Devnagri script. But along with this, it also provides for the
continuance of English language. A state legislature can
adopt the language of the province as its official language.
English continues to be the language of the Supreme Court
and the High Courts. The Constitution gives a directive to the
Union to develop Hindi and popularise its use. In its Eighth
Schedule, the Constitution recognises 22 modern Indian
Languages — Assamese, Bengali, Gujarati, Hindi, Kannada,
Kashmiri, Malayalam, Marathi, Oriya, Punjabi, Nepali,
Manipuri, Konkani, Sanskrit, Sindhi, Tamil, Telgu, Urdu,
Bodo, Dogri, Maithli and Santhali.
(26) A Constitution Drawn from several Sources:
In formulating the Constitution of India, the founding fathers
used several sources. The values and ideals of the national
movement guided their path. The national movement
influenced them to adopt secularism as the ideal. Some
provisions of Government of India Act 1935 were used by
them and several features of foreign constitutions influenced
them, and were adopted by them.
In adopting parliamentary system and bicameralism, the
British Constitution influenced them. The US Constitution
influenced them in favour of republicanism, independence of
judiciary, judicial review and bill of rights. The progress of
the (former) USSR after the 1917 Socialist Revolution
influenced them to adopt socialism as a goal. Likewise, they
were influenced by the constitutions of Canada, Australia,
Weimar Republic (Germany) and Ireland.
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.
 The Preamble of the Constitution
The Preamble to the Constitution of India is a brief introductory statement that
sets out guidelines, which guide the people of the nation, and to present the
principles of the Constitution, and to indicate the source from which the
document derives its authority, and meaning. It reflects the hopes and aspirations
of the people. The preamble can be referred to as the preface which highlights
the entire Constitution.
WE, THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into a SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and 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 26th day of November
1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES
THIS CONSTITUTION.
हम, भारत के लोग, भारत को एक संपूर्ण प्रभुत्वसंपन्न, समाजवादी ,पंथनिरपेक्ष लोकतंत्रात्मक गणराज्य बनाने
के लिए, तथा उसके समस्त नागरिकों को:
सामाजिक, आर्थिक और राजनीतिक न्याय,
विचार, अभिव्यक्ति, विश्वास, धर्म और उपासना की स्वतंत्रता,
प्रतिष्ठा और अवसर की समता, प्राप्त कराने के लिए,
तथा उन सब में,
व्यक्ति की गरिमा और राष्ट्र की एकता और अखण्डता सुनिश्चित कराने वाली, बन्धुता बढ़ाने के लिए,
दृढ़ संकल्पित होकर अपनी संविधानसभा में आज तारीख 26 नवम्बर 1949 ईस्वी (मिति मार्गशीर्ष शुक्ल
सप्तमी, संवत दो हजार छह विक्रमी) को एतद् द्वारा इस संविधान को अंगीकृ त, अधिनियमित और आत्मार्पित
करते हैं।
 Fundamental Rights
Fundamental rights are those rights which are essential for intellectual, moral
and spiritual development of citizens of India. As these rights are fundamental or
essential for existence and all-round development of individuals, they are called
'Fundamental rights'. These are enshrined in Part III (Articles 12 to 35) of the 
Constitution of India.
1.Right to equality (Articles. 14-18)
2.Right to Freedom (Articles. 19-22)
3.Right Against Exploitation (Articles. 23-24)
4.Right to Freedom of Religion (Articles. 25-28)
5.Cultural and Educational Rights (Articles. 29-30), and
6.Right to Constitutional remedies (Articles. 32-35)
7.Right to Education (Article 21A)
 1.Right to Equality
The right to equality is an important right provided in 
Articles 14, 15, 16, 17 and 18 of the constitution.
•Equality before the law: Article 14 of the constitution guarantees that all
people shall be equally protected by the laws of the country. It means that the
State will treat people in the same circumstances alike.
•Social equality and equal access to public areas: Article 15 of the constitution
states that no citizen of India shall be discriminated on the basis of religion, race,
caste, sex or place of birth. Every person shall have equal access to public places
like public parks, museums, wells, bathing Ghats, etc. It states, however, that the
State may make any special provision for women and children. Special
provisions may be made for the advancements of any socially or educationally
backward class or scheduled castes or scheduled tribes.
•Equality in matters of public employment: Article 16 of the Constitution lays
down that the State cannot discriminate against citizen in the matters of
employment. All citizens can apply for government jobs, however, there are some
exceptions. The State may also reserve posts for members of backward classes,
scheduled castes or scheduled tribes which are not adequately represented in the
services under the State to bring up the weaker sections of the society.
•Abolition of untouchability: Article 17 of the constitution abolishes the practice
of untouchability. The practice of untouchability is an offence and anyone doing
so is punishable by law.
•Abolition of Titles: Article 18 of the constitution prohibits the State from
conferring any titles. "Citizens of India cannot accept titles from a foreign State.
However, Military and academic distinctions can be conferred on the citizens of
India. The awards of Bharat Ratna and Padma Vibhushan cannot be used by the
recipient as a title and do not, accordingly, come within the constitutional
prohibition".
 2.Right to freedom
Right to freedom, given in articles 19, 20, 21A, and 22
Article 19 guarantees the following six freedoms: m. imp
a. Freedom of speech and expression.
b. Freedom to assemble peacefully without arms.
c. Freedom to form companies or unions or co-operative societies.
d. Citizens have the freedom to move freely throughout India, although
reasonable restrictions can be imposed on this right in the public's interest.
e. Freedom to reside and settle in any part of the territory of India, subject to
reasonable restrictions by the State in the interest of the general public or for
the protection of the scheduled tribes.
g. Freedom to practice any profession or to carry on any occupation, trade or
business. But the state may impose reasonable restrictions in the public's
interest through statute. Professional or technical qualifications may be
prescribed for practising any profession or carrying on any trade.
Article 20 gives protection in respect of conviction for offences.
Article 21 gives the right to life, personal liberty and the right to die with dignity
(passive euthanasia).
Article 21A gives free education to all children of the age of six to fourteen
years such manner as the State may, by law, determine.
Article 22: Protection against arrest and detention in certain cases.
The constitution also imposes restrictions on these rights. The government
restricts these freedoms in the interest of the independence, sovereignty and
integrity of India. In the interest of morality and public order, the government
can also impose restrictions. However, the right to life and personal liberty
cannot be suspended. The six freedoms are also automatically suspended or
have restrictions imposed on them during a state of emergency.
 3.Right against exploitation
The right against exploitation, given in Articles 23 and 24, provides for two
provisions, namely the abolition of trafficking in human beings and Beggar
(forced labour), and the abolition of employment of children below the age of 14
years in dangerous jobs like factories, mines, etc. Child labour is considered a
gross violation of the spirit and provisions of the constitution. Beggar, practised
in the past by landlords, has been declared a crime and is punishable by law.
Human trafficking for the purpose of the slave trade or prostitution is also
prohibited by law. An exception is made in employment without payment for
compulsory services for public purposes. Compulsory military conscription is
covered by this provision.
 4.Right to freedom of religion
Right to freedom of religion, covered in Articles 25, 26, 27 and 28, provides 
religious freedom to all citizens of India. The objective of this right is to sustain
the principle of secularism in India. According to the Constitution, all religions
are equal before the State and no religion shall be given preference over the
other. Citizens are free to preach, practice and propagate any religion of their
choice.
Religious communities can set up charitable institutions of their own. However,
activities in such institutions that are not religious are performed according to the
laws laid down by the government. Establishing a charitable institution can also
be restricted in the interest of public order, morality, and health. No person shall
be compelled to pay taxes for the promotion of a particular religion. A state-run
institution cannot impart education that is pro-religion.
 5.Cultural and Educational rights
Cultural and educational rights are covered in articles 29 and 30.
The Constitution guarantees every single citizen of India both rights to education
and cultures. The Constitution also provides special measures, to protect the
rights of the minorities. Any community that has a language and a script of its
own has the right to conserve and develop it. No citizen can be discriminated
against for admission in the state or state-aided institutions.
All minorities, religious or linguistic, can set up their own educational institutions
to preserve and develop their own culture. In granting aid to institutions, the state
cannot discriminate against any institution on the basis of the fact that it is
administered by a minority institution. The right to administer does not mean that
the state cannot interfere in case of maladministration.
 6.Right to constitutional remedies
Right to constitutional remedies (Articles 32 to 35) empowers the citizens to move
to a court of law in case of any denial of the fundamental rights. For instance, in
case of imprisonment, any citizen can ask the court to see if it is according to the
provisions of the law of the country by lodging a Public Interest Litigation. If the
court finds that it is not, the person must be freed. This procedure of asking the
courts to preserve or safeguard the citizen's fundamental rights can be done in
various ways. The courts can issue various kinds of writs protecting the rights of
the citizens. These writs are:
•habeas corpus
•mandamus
•Writ of Prohibition
•quo warranto
•certiorari
Habeas Corpus: Habeas Corpus is a writ that is enforced to protect the
fundamental right to liberty of an individual against unlawful detention.
Certiorari: The writ of certiorari is issued to a lower court directing that the
transfer of a case for review, usually to overrule the judgment of the lower court.
Prohibition: Prohibition is a writ issued by a higher court to a lower court to
enforce inactivity in the jurisdiction.
Mandamus: The writ of mandamus is issued to a subordinate court, an officer of
the government, or a corporation or other institution commanding the
performance of certain acts or duties.
Quo-Warranto: Quo warranto is issued against a person who claims or usurps a
public office. Through this writ, the court inquires ‘by what authority’ the person
supports his or her claim.
 Directive Principles of State Policy (DPSP)
Part IV (Articles 36 to 51) of the Indian Constitution deals with Directive Principles of
our State Policy (DPSP).
Article 36: definition In this part, unless the context otherwise requires, “the state” has
the same meaning as in part III.
Article 37: application of the principles contained in this part
Article 38: state to secure a social order for the promotion of the welfare of the people
(1) the state shall strive to promote the welfare of the people by securing and protecting
as effectively as it may a social order in which justice, social, economic and political,
shall inform all the institutions of the national life.
(2) the state shall, in particular, strive to minimise the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in different areas or
engaged in different vocations.
Article 39: certain principles of policy to be followed by the state
The state shall, in particular, direct its policy towards securing –
(a) that the citizen, men and women equally, have the right to an adequate means
of livelihood;
(b) that the ownership and control of the material resources of the community
are so distributed as best to subserve the common good;
(c) that the operation of the economic system 
does not result in the concentration of wealth and means of production to the
common detriment; 
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age
of children are not abused and that citizens are not forced by economic necessity
to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitation and against moral and material abandonment.
Article 39a: equal justice and free legal aid
The state shall secure that the operation of the legal system promotes justice, on a
basis of equal opportunity, and shall, in particular, provide free legal aid, by
suitable legislation or schemes or in any other way, to ensure that 
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
Article 40: organisation of village panchayats
The state shall take steps to organise village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as
units of self-government.
Article 41: right to work, to education and to public assistance in certain
cases
The state shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.
Article 42: provision for just and humane conditions of work and maternity
relief
The state shall make provision for securing just and humane conditions of work
and for maternity relief.
Article 43: living wage, etc., For workers
The state shall endeavour to secure, by suitable legislation or economic
organisation or in any other way, to all workers agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent standard of
life and full enjoyment of leisure and social and cultural opportunities and, in
particular, the state shall endeavour to promote cottage industries on an
individual or co-operative basis in rural areas.
Article 43a: participation of workers in management of industries
The state shall take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings, establishments or
other organisation engaged in any industry.
Article 44: uniform civil code for the citizen
The state shall endeavour to secure for the citizens a uniform civil code
 throughout the territory of india.
Article 45: provision for free and compulsory education for children
The state shall endeavour to provide, within a period of ten years from the
commencement of this constitution, for free and compulsory education for all
children until they complete the age of fourteen years.
Article 46: promotion of educational and economic interests of scheduled
castes, scheduled tribes and other weaker sections
The state shall promote with special care the educational and economic interests
of the weaker sections of the people, and in particular, of the 
scheduled castes and the scheduled tribes, and shall protect them from social
injustice and all forms of exploitation.
Article 48: organization of agriculture and animal husbandry
The state shall endeavour to organize agriculture and animal husbandry on
modern and scientific lines and shall, in particular, take steps for preserving and
improving the breeds, and prohibiting the slaughter, of cows and calves and other
milch and draught cattle.
Article 48a: protection and improvement of environment and safeguarding
of forests and wildlife
The state shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.
Article 49: protection of monuments and places and objects of national
importance
It shall be the obligation of the state to protect every monument or place or object
of artistic or historic interest, declared by or under law made by parliament to be
of national importance, from spoliation, disfigurement, destruction, removal,
disposal or export, as the case may be.
Article 50: separation of judiciary from the executive
The state shall take steps to separate the judiciary from the executive in the
public services of the state.
Article 51: promotion of international peace and security
The state shall endeavour to
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of
organised people with one another; and
(d) encourage settlement of international disputes by arbitration.
 Fundamental Duties
S. No 11 Fundamental Duties {Article 51(a)}
1. Abide by the Indian Constitution and respect its ideals and institutions,
the National Flag and the National Anthem
2. Cherish and follow the noble ideals that inspired the national struggle for
freedom
3.  Uphold and protect the sovereignty, unity and integrity of India
4. Defend the country and render national service when called upon to do
so
5. Promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or
sectional diversities and to renounce practices derogatory to the dignity
of women
6. Value and preserve the rich heritage of the country’s composite culture
7. Protect and improve the natural environment including forests, lakes,
rivers and wildlife and to have compassion for living creatures
 8.  Develop scientific temper, humanism and the spirit of inquiry and
reform
9. Safeguard public property and to abjure violence
10. Strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement
11.  Provide opportunities for education to his child or ward between the age
of six and fourteen years. This duty was added by the 86th Constitutional
Amendment Act, 2002
The fundamental duties which were added by the 42nd Amendment Act of
the Constitution in 1976,
 Parliamentary system
A parliamentary system or parliamentary democracy is a system of democratic 
governance of a state (or subordinate entity) where the executive derives its
democratic legitimacy from its ability to command the confidence of the legislature,
typically a parliament, and is also held accountable to that parliament. In a
parliamentary system, the head of state is usually a person distinct from the 
head of government. This is in contrast to a presidential system, where the head of
state often is also the head of government and, most importantly, where the
executive does not derive its democratic legitimacy from the legislature.
Countries with parliamentary democracies may be constitutional monarchies, where
a monarch is the head of state while the head of government is almost always a 
member of parliament (such as Denmark, Japan, Sweden and the United Kingdom),
or parliamentary republics, where a mostly ceremonial president is the head of state
while the head of government is regularly from the legislature (such as Ireland, 
Germany, Italy, Singapore and South Korea).
In a few parliamentary republics, such as Botswana, Kiribati and South Africa, among 
some others, the head of government is also head of state, but is elected by and is
answerable to parliament. In bicameral parliaments, the head of government is generally,
though not always, a member of the lower house.
The Parliament of India is the supreme legislative body of the Republic of India. It is a
bicameral legislature composed of the President of India and the two houses: the Rajya
Sabha (Council of States) and the Lok Sabha (House of the People). The President in his
role as head of legislature has full powers to summon and prorogue either house of
Parliament or to dissolve Lok Sabha. The president can exercise these powers only upon
the advice of the Prime Minister and his Union Council of Ministers.
Those elected or nominated (by the President) to either house of Parliament are referred
to as Members of Parliament (MP). The Members of Parliament, Lok Sabha are directly
elected by the Indian public voting in Single-member districts and the Members of
Parliament, Rajya Sabha are elected by the members of all State Legislative Assembly by
proportional representation. The Parliament has a sanctioned strength of 543 in Lok
Sabha and 245 in Rajya Sabha including the 12 nominees from the expertise of different
fields of science, culture, art and history. The Parliament meets at Sansad Bhavan in New
Delhi.
 Federal Systems
In federal systems, political authority is divided between two autonomous sets of
governments, one national and the other subnational, both of which operate
directly upon the people. Usually a constitutional division of power is established
between the national government, which exercises authority over the whole
national territory, and provincial governments that exercise independent authority
within their own territories. Of the eight largest countries in the world by area,
seven—Russia, Canada, the United States, Brazil, Australia, India, and Argentina
—are organized on a federal basis. (China, the third largest, is a unitary state.)
Federal countries also include Austria, Belgium, Ethiopia, Germany, Malaysia, 
Mexico, Nigeria, Pakistan, Switzerland, the United Arab Emirates, and Venezuela,
among others.
The governmental structures and political processes found in these federal systems
show great variety. One may distinguish, first, a number of systems in which
federal arrangements reflect rather clear-cut cultural divisions.
A classic case of this type is Switzerland, where the people speak four different
languages—German, French, Italian, and Romansh—and the federal system unites
26 historically and culturally different entities, known as cantons and demicantons.
The Swiss constitution of 1848, as modified in 1874, converted into the modern
federal state a confederation originally formed in the 13th century by the three forest
cantons of Uri, Schwyz, and Unterwalden. The principal agencies of federal
government are a bicameral legislature, composed of a National Council representing
the people directly and a Council of States representing the constituent members as
entities; an executive branch (Bundesrat) elected by both houses of the legislature in
joint session; and a supreme court that renders decisions on matters affecting
cantonal and federal relations. The Russian Federation’s arrangements, although of a
markedly different kind, also reflect the cultural and linguistic diversity of the 
country. Depending on their size and on the territories they have historically
occupied, ethnic minorities may have their own autonomous republic, region, or
district. These divisions provide varying degrees of autonomy in setting local policies
and provide a basis for the preservation of the minorities’ cultures.
Some of these areas were integrated into the Russian Empire centuries ago, after the lands
were taken from the Mongols of the Golden Horde, and others resisted occupation even
late in the 19th century. It is not uncommon for Russians to constitute a plurality of the
population in these areas. The national government consists of the executive branch, led
by the nationally elected president; the parliament; and a judicial branch that resolves
constitutional matters.
In other systems, federal arrangements are found in conjunction with a large measure of
cultural homogeneity. The Constitution of the United States delegates to the federal
government certain activities that concern the whole people, such as the conduct of 
foreign relations and war and the regulation of interstate commerce and foreign trade;
certain other functions are shared between the federal government and the states; and the
remainder are reserved for the states. Although these arrangements require two separate
bodies of political officers, two judicial systems, and two systems of taxation, they also
allow extensive interaction between the federal government and the states. Thus, the 
election of Congress and the president, the process of amending the Constitution, the
levying of taxes, and innumerable other functions necessitate cooperation between the
two levels of government and bring them into a tightly interlocking relationship.
Union-State Relations / Centre-State Relations
India is a union of states. The constitution of India has divided the legislative,
executive and financial powers between the centre and the states, which gives the
constitution a federal character whereas judiciary is integrated in a hierarchical
structure.
The centre-state relations are divided into three parts, which are mentioned
below:
(A) Legislative Relations (Article 245-255)
(B) Administrative Relations (Article 256-263)
(C) Financial Relations (Article 268-293)
Legislative Relations
Articles 245 to 255 in Part XI deals with different aspects of legislative relations
between centre and states. These include:
(1) Territorial jurisdiction of laws made by the Parliament and by the Legislatures
of States.
(2) Distribution of legislative subjects
(3) Power of parliament to legislate with respect to a matter in the State List
(4) Centre's control state legislation
However, Seventh Schedule of the Constitution provides for the distribution of
legislative powers between the centre and the states. The legislative subjects are
divided into List I (the Union List), List II (the Concurrent List) and List III (the
State List).
•At present, there are 100 subjects in the Union list which includes subjects such
as foreign affairs, defence, railway, postal services, banking, atomic energy,
communication, currency etc.
•At present, there are 61 subjects in the State list. The list includes subjects such as
police, public order, roadways, health, agriculture, local government, drinking
water facilities, sanitation etc.
•At present, there are 52 subjects in the concurrent list. The list includes subjects
such as education, forests, protection of wild animals and birds, electricity, labour
welfare, criminal law and procedure, civil procedure, population control and family
planning, drugs etc.
Article 245 empowers the centre to give directions to the states in certain cases in
regards to the exercise of their executive powers.
Article 249 empowers the parliament to legislate with respect to a matter in the
State List in the national interest.
Under Article 250, the parliament becomes empowered to make laws on the
matters related to state list when national emergency (under Article 352) is in
operation.
Under Article 252, the parliament is empowered to legislate for two or more States
by   their   consent.
Administrative Relations
Article 256 to 263 deals with the administrative relations between the centre and the
states.  Article 256 states that "the executive power of every State shall be so exercised
as to ensure compliance with the laws made by the parliament and any existing laws
which apply in that State, and the executive power of the Union shall extend to the
giving of such directions to a State as may appear to the Government of India to be
necessary for that purpose".
Cooperation Between the Centre and the States
The constitution lays down various provisions to secure cooperation and
coordination   between the centre and the states. These include:
(i) Article 261 states that "Full faith and credit shall be given throughout the territory
of India to public acts, records and judicial proceedings of the Union and of every
State".
(ii) According to Article 262, the parliament may by law provide for the adjudication
of any dispute or complaint with respect to the use, distribution or control of the
waters of, or in, any inter-State river or river valley.
(iii) Article 263 empowers the President to establish an inter-State Council to inquire into and
advise upon disputes between states, to investigate and discuss subjects in which some or all
of the States, or the Union and one or more of the States, have a common interest.
(iv) As per Article 307, Parliament may by law appoint such authority as it considers
appropriate for carrying out the purposes of the constitutional provisions related to the inter-
state freedom of trade and commerce.
Centre-State Relations during Emergency
(i) During a national emergency (under Article 352), the state government become
subordinate to the central government. All the executive functions of the state come under the
control of the union government.
(ii) During a state emergency (under Article 356), the president can assume to himself all or
any of the functions of the Government of the State and all or any of the powers vested in or
exercisable by the Governor or  authority in the State other than the Legislature of the State.
(iii) During the operation of financial emergency (under Article 360), the Union may give
directions to any State to observe such canons of financial propriety as may be specified in
the directions, and to the giving of such other directions as the President may deem necessary
and adequate for the purpose.
Financial Relations
The Constitution deals with the centre-state financial relations in Article 268-293 of
Part XII.
Allocation of taxing powers
The Constitution has provided the union government and the state governments with
the independent sources of revenue. It allocates the powers to centre and the states in
the following way:
(i) The parliament has exclusive power to levy taxes on the subjects mentioned in the
Union List.
(ii) The state legislatures has exclusive power to levy taxes on the subjects
mentioned in the State List
(iii) Both the parliament and the state legislature are empowered to levy taxes on the
subjects mentioned in the Concurrent List.
(iv) The parliament has exclusive power to levy taxes on the matters related to the
residuary subjects.
 Amendment of the Constitution of India
Power:
Amending the Constitution of India is the process of making changes to the
nation's fundamental law or supreme law. The procedure of amendment in the
constitution is laid down in Part XX (Article 368) of the Constitution of India.
This procedure ensures the sanctity of the Constitution of India and keeps a check
on arbitrary power of the Parliament of India.
However, there is another limitation imposed on the amending power of the
constitution of India, which developed during conflicts between the 
Supreme Court and Parliament, where Parliament wants to exercise discretionary
use of power to amend the constitution while the Supreme Court wants to restrict
that power. This has led to the laying down of various doctrines or rules in regard
to checking the validity/legality of an amendment, the most famous among them
is the Basic structure doctrine as laid down by the Supreme Court in the case of 
Kesavananda Bharati v. State of Kerala .
Procedure:
The Constitution of India provides for a distinctive amendment process when compared
to the Constitutions of other nations. This can be described as partly flexible and partly
rigid. The Constitution provides for a variety in the amending process. This feature has
been commended by Australian academic Sir Kenneth Wheare who felt that uniformity
in the amending process imposed "quite unnecessary restrictions" upon the amendment
of parts of a Constitution. An amendment of the Constitution can be initiated only by
the introduction of a Bill in either House of Parliament. The Bill must then be passed in
each House by a majority of the total membership of that House and by a majority of
not less than two-thirds of the members of that House present and voting. This is known
as special majority. There is no provision for a joint sitting in case of disagreement
between the two Houses. The Bill, passed by the required majority, is then presented to
the President who shall give his assent to the Bill. If the amendment seeks to make any
change in any of the provisions mentioned in the provision to article 368, it must be 
ratified by the Legislatures of not less than one-half of the States. Although there is no
prescribed time limit for ratification, it must be completed before the amending Bill is
presented to the President for his assent.
 Emergency Provisions
A state of emergency in India refers to a period of governance that can be
proclaimed by the President of India during certain crisis situations. Under the
advice of the cabinet of ministers, the President can overrule many provisions of
the Constitution, which guarantees Fundamental Rights to the citizens of India.
• The emergency provisions are contained in Part XVIII of the Constitution of
India, from Article 352 to 360. These provisions enable the Central government
to meet any abnormal situation effectively.
• The rationality behind the incorporation is to safeguard the sovereignty, unity,
integrity and security of the country, the democratic political system and the
Constitution.
• The Constitution stipulates three types of emergencies-
1. National Emergency
2. Constitutional Emergency
3. Financial Emergency
1. National Emergency
National emergency can be declared on the basis of war, external aggression or
armed rebellion. The Constitution employs the expression ‘proclamation of
emergency’ to denote an emergency of this type.
Grounds of declaration:
• Under Article 352, the president can declare a national emergency when the
security of India or a part of it is threatened by war or external aggression or
armed rebellion.
• The President can declare a national emergency even before the actual
occurrence of war or armed rebellion or external aggression
• When a national emergency is declared on the grounds of ‘war’ or ‘external
aggression’, it is known as ‘External Emergency’. On the other hand, when
it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal
Emergency’.
• This term ‘armed rebellion’ is inserted from the 44th amendment. Before this
term it was known as internal disturbance.
2. Constitutional Emergency/ President’s Rule
•Article 355 imposes a duty on the centre to ensure that the government of every
state is carried on in accordance with the provisions of the constitution.
•It is this duty in the performance of which the centre takes over the government of
a state under Article 356 in case of failure of constitutional machinery in a state.
•This is popularly known as ‘President’s Rule’.
•Grounds of imposition: the president’s ruler can be proclaimed under Article 356
on two grounds:
1. Article 356 empowers the President to issue a proclamation if he is satisfied
that a situation has arisen in which the government of a state cannot be carried
on in accordance with the provisions of the constitution.
2. Article 365 says that whenever a state fails to comply with or to give effect to
any direction from the centre, it will be lawful for the President to hold that a
situation has arisen in which the government of the state cannot be carried on in
accordance with the provisions of the constitution.
3. Financial Emergency
•Grounds of declaration: Article 360 empowers the president to proclaim a
Financial Emergency if he is satisfied that a situation has arisen due to which the
financial stability or credit of India or any part of its territory is threatened.
•Parliamentary approval and duration: A proclamation declaring financial
emergency must be approved by both the Houses of Parliament within two months
from the date of its issue.
1. However, if the proclamation of Financial Emergency is issued at a time when
the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes
place during the period of two months without approving the proclamation,
then the proclamation survives until 30 days from the first sitting of the Lok
Sabha after its reconstitution, provided the Rajya Sabha has in the meantime
approved it.
2. Once approved by both the houses of Parliament, the Financial Emergency
continues indefinitely till it is revoked.
 Local Self Government
The Constitution of India visualises panchayats as institutions of self-governance.
However, giving due consideration to the federal structure of India's polity, most of
the financial powers and authorities to be endowed on panchayats have been left at
the discretion of concerned state legislatures. Consequently, the powers and
functions vested in PRIs vary from state to state. These provisions combine
representative and direct democracy into a synergy and are expected to result in an
extension and deepening of democracy in India. Hence, panchayats have journeyed
from an institution within the culture of India to attain constitutional status.
Types of urban local governments include:
•municipal corporations /Nagar Nigam
•Nagar palikas (also called municipal councils)
•Nagar panchayats /Town area
Functions
All municipal acts in India provide for functions, powers and responsibilities to be
carried out by the municipal government. These are divided into two categories:
obligatory and discretionary.

Obligatory functions
• supply of pure and wholesome water
• construction and maintenance of public streets
• lighting and watering of public streets
• cleaning of public streets, places and sewers
• regulation of offensive, dangerous or obnoxious trades and callings or practices
• maintenance or support of public hospitals
• establishment and maintenance of primary schools
• registration of births and deaths
• removing obstructions and projections in public streets, bridges and other places
• naming streets and numbering houses
• maintenance of law and order
Discretionary functions
• laying out of areas
• securing or removal of dangerous buildings or places
• construction and maintenance of public parks, gardens, libraries, museums, rest
houses, leper homes, orphanages and rescue homes for women
• public buildings
• planting of trees and maintenance of roads
• housing for low income groups
• conducting surveys
• organizing public receptions, public exhibitions, public entertainment
• provision of transport facilities with the municipality
• promotion of welfare of municipal employees