CONSTITUTION OF INDIA

AND PROFESSIONAL ETHICS

Tanya Gupta
Assistant professor
SCA
 Contents

• Introduction to the Constitution of India

• The Making of the Constitution
• Salient features of the Constitution.
• Preamble to the Indian Constitution
• Fundamental Rights & its limitations.
 Introduction to the Constitution of India

• The Supreme Law of the Land

• The Constitution of India is the highest legal authority in the country.
• No law, rule, or regulation can go against it — if it does, it becomes invalid.
• It acts as the final guide for the functioning of the government and for protecting
citizens’ rights.
• Adopted on 26 November 1949 and came into effect on 26 January 1950
(celebrated as Republic Day).
 • Legal Foundation for the Indian Government

• Provides the framework for how the central and state governments
operate.
• Defines the relationship between the Union Government and the States.
• Ensures all government actions follow the principles and procedures laid
out in the Constitution.
• Without it, governance would have no legal base — like a building
without a foundation.
 Fundamental Political Principles, Structure, Powers, and Duties

• Political Principles: Democracy, secularism, equality, justice, liberty, and fraternity.

• Structure of Government:
• Legislature – makes laws (Parliament at the Centre, State Legislatures in States)
• Executive – implements laws (President, Prime Minister, Council of Ministers, Governors)
• Judiciary – interprets laws and ensures justice (Supreme Court, High Courts, Lower Courts)
• Powers: Clearly divided between central and state governments through the Union, State,
and Concurrent Lists.
• Duties of Institutions: Work within their limits, follow constitutional provisions, and
protect the democratic spirit.
 Fundamental Rights, Duties, and Directive Principles

• Fundamental Rights:
• Protect citizens’ freedoms like equality before law, freedom of speech, religious freedom, etc.
• Enforceable in courts.
• Fundamental Duties:
• Moral obligations for citizens, like respecting the Constitution, preserving heritage, protecting the environment, etc.
• Not legally enforceable but essential for responsible citizenship.
• Directive Principles of State Policy:
• Guidelines for the government to promote social and economic welfare (e.g., free education, equal pay, protection of
environment).
• Not enforceable by courts but aim to create a just society.
 Living Document – Adaptable through Amendments

• The Constitution is flexible yet stable.

• Can be amended to meet the changing needs of society while maintaining
its core principles.
• Over 100 amendments so far, such as the 73rd and 74th Amendments
for strengthening local governance.
• This adaptability keeps it relevant in modern times.
 Ensures Rule of Law and Guarantees Justice & Equality

• Rule of Law means everyone — from ordinary citizens to government

leaders — is equally subject to the law.
• No one can be above the law, ensuring fairness.
• Guarantees justice (social, economic, political) and equality for all citizens,
regardless of caste, religion, gender, or wealth.
 Protects the Rights of Individuals Against Arbitrary Actions

• Safeguards citizens from unfair treatment by authorities.

• Prevents misuse of power by ensuring government decisions must follow
legal and constitutional procedures.
• Example: If a person’s rights are violated, they can approach the courts for
protection.
 Defines the Powers of the Legislature, Executive, and
Judiciary

• Legislature: Makes laws (Parliament, State Legislatures).

• Executive: Implements and enforces laws (President, Prime Minister,
Ministers).
• Judiciary: Interprets laws and resolves disputes (Supreme Court, High
Courts).
• Clearly defines their powers and prevents overlapping or misuse.
 Facilitates the Smooth Functioning of Government

• Acts as a guideline for how the government operates.

• Distributes powers between the Centre and States to avoid conflicts.
• Provides procedures for law-making, elections, financial management, and
emergency handling.
 Promotes the Values of Democracy and Secularism

• Ensures that India is governed by elected representatives chosen by the

people.
• Protects freedom of religion and ensures no religion is given special
status by the state.
• Encourages active participation of citizens in the democratic process.
 The Making of the Constitution

• Constituent Assembly Formation (1946)

• Established in 1946 to draft the Constitution for independent India.
• Members were elected indirectly by the provincial assemblies and nominated from princely states.
• Initially 389 members (including members from provinces and princely states).

• 2 Change in Membership After Partition (1947)

• After India’s partition and the creation of Pakistan, members from areas now in Pakistan left the
Assembly.
• Membership reduced from 389 to 299.
 First Meeting

• Held on 9th December 1946 in New Delhi.

• Dr. Sachchidananda Sinha was appointed as the temporary chairman for
the first meeting.
• Later, Dr. Rajendra Prasad became the permanent President of the
Constituent Assembly.
 Adoption and Enforcement

• The final draft of the Constitution was adopted on 26th November 1949.
• Came into force on 26th January 1950, chosen to honor the Purna Swaraj Declaration
of 1930.
• This date is celebrated as Republic Day.
• 5Time Taken
• The Assembly took 2 years, 11 months, and 18 days to complete the drafting process.
• A total of 11 sessions were held over this period, involving detailed debates and
discussions.
 Key Contributors in Constitution Framing

• 1 Dr. B.R. Ambedkar – Father of the Indian Constitution

• Chairman of the Drafting Committee.
• Known for his strong stand on social justice, equality, and protection of individual rights.
• Often called the Father of the Indian Constitution.

• 2️Jawaharlal Nehru – Objectives Resolution

• Moved the Objectives Resolution in 1946, which laid the foundation of the Constitution.
• The Resolution outlined the aims and philosophy — sovereignty, democracy, justice, equality, and fraternity.
• Later became the Preamble of the Constitution.
 Sardar Vallabhbhai Patel: Worked on the integration of princely states and
shaping the federal structure.
• Dr. Rajendra Prasad: President of the Constituent Assembly and later the
first President of India.
• Maulana Abul Kalam Azad: Advocate for education and minority rights,
contributed to cultural and educational aspects.
 Inspiration from Other Countries

• The Constitution borrowed best features from various world constitutions:

• USA: Fundamental Rights, Independence of Judiciary.
• UK: Parliamentary system, Rule of Law.
• Ireland: Directive Principles of State Policy.
• Canada: Federal system with a strong Centre.
• Australia: Concurrent list of powers, joint sitting of Parliament.
• Japan: Concept of procedure established by law.
 Salient Features of the Indian Constitution

• Lengthiest Constitution in the World

• Originally: 395 Articles, 8 Schedules.
• Currently: Over 470 Articles and 12 Schedules (due to amendments).
• Length is due to:
• Diversity of India’s population and culture.
• Inclusion of detailed administrative provisions.
• Combination of provisions for both Centre and States.
 Federal Structure with a Unitary Bias

• Federal Elements: Powers divided between Union Government and State

Governments.
• Unitary Bias:
• Centre holds more power than the States, especially during emergencies.
• Allows uniformity and strong national control when needed.
• This ensures both regional autonomy and national unity.
 Parliamentary System

Inspired by the UK model of governance.

• Responsible government: The executive (Prime Minister and Council of
Ministers) is directly responsible to the legislature (Parliament).
• Ensures collective decision-making and accountability to the people
through elected representatives.
 Independent Judiciary

• The Judiciary (Supreme Court, High Courts, Subordinate Courts) is

independent from the executive and legislature.
• Ensures justice, protection of rights, and upholding of constitutional
provisions.
• Can declare any law or action unconstitutional if it violates the Constitution.
 Fundamental Rights – Part III

• Guarantees basic freedoms to all citizens:

• Right to Equality
• Right to Freedom
• Right against Exploitation
• Right to Freedom of Religion
• Cultural and Educational Rights
• Right to Constitutional Remedies
• These rights are enforceable by the courts.
 Directive Principles of State Policy – Part IV

• Guidelines for the state to promote social and economic welfare.

• Examples: free and compulsory education, equal pay for equal work,
protection of the environment.
• Not legally enforceable, but act as moral obligations for the government.
 Single Citizenship

• In India, there is only one citizenship — Indian citizenship.

• Unlike some federal countries (e.g., USA), where people are citizens of both
the country and the state.
• Ensures national unity and equality among all citizens, regardless of state
or region.
• Any Indian can live, work, or contest elections anywhere in the country.
 Universal Adult Franchise

• Every citizen 18 years or older has the right to vote, regardless of gender,
caste, religion, education, or wealth.
• Strengthens democracy by giving equal political rights to all adults.
• Based on the principle: “One person, one vote, one value.”
 Emergency Provisions

• The Constitution allows the Centre to assume greater powers during times of crisis.
• Three types of emergencies:
• National Emergency (Article 352) – war, external aggression, armed rebellion.
• State Emergency / President’s Rule (Article 356) – breakdown of state government
machinery.
• Financial Emergency (Article 360) – threat to the financial stability of the country.
• Ensures quick and unified action when required.
 Secular State

• India has no state religion — the government treats all religions equally.
• Citizens are free to practice, profess, and propagate any religion (Article
25).
• State policies and laws are based on secular principles, not religious
doctrines.
• Promotes harmony and tolerance among diverse communities.
 The Preamble to the Constitution
• “We, the People of India”
• Highlights that the Constitution is made by and for the people — ultimate authority lies with citizens, not kings or
rulers.
• Symbol of popular sovereignty.

• 2️ Nature of the Indian State

• Sovereign – India is independent and free from external control.
• Socialist – Strives for economic equality and reducing income gaps.
• Secular – State treats all religions equally, no official religion.
• Democratic – Government is elected by the people, for the people.
• Republic – Head of the State (President) is elected, not hereditary.
• 3 Objectives to Secure for Citizens
• Justice –
• Social: No discrimination based on caste, creed, or gender.
• Economic: Fair distribution of wealth and opportunities.
• Political: Equal voice in governance.
• Liberty – Freedom of thought, expression, belief, faith, and worship.
• Equality – Equal status and opportunities for every citizen.
• Fraternity – Promoting unity, brotherhood, dignity of the individual, and national integrity.

• 4️ Date of Adoption
• Adopted in the Constituent Assembly on 26th November 1949.
• Enforced on 26th January 1950 (celebrated as Republic Day).
 Objectives of the Preamble
• Justice
• Social Justice – Removing inequalities caused by caste, creed, gender, or religion.
• Economic Justice – Fair distribution of wealth, resources, and opportunities.
• Political Justice – Equal participation in the political process for all citizens.

• 2️ Liberty
• Freedom to think, express, and believe without fear.
• Includes freedom of faith and freedom of worship.
• Ensures individuals can live according to their values as long as they respect others’ rights.
• 3 Equality
• Of Status – Everyone is treated equally in society.
• Of Opportunity – Equal access to education, jobs, and public life.
• No discrimination on the basis of religion, race, caste, gender, or birthplace.

• 4️Fraternity
• Promotes brotherhood, respect, and cooperation among citizens.
• Ensures dignity of the individual — every person matters.
• Maintains unity and integrity of the nation.
 Significance of the Preamble
• Acts as a Guiding Light
• Serves as the philosophical foundation of the Constitution.
• Helps understand the spirit and vision behind the laws.

• 2️ Reflects the Intentions of the Framers

• Shows what the makers of the Constitution aimed to achieve.
• Helps resolve doubts when the meaning of a constitutional provision is unclear.

• 3️ Not Legally Enforceable

• The Preamble itself does not grant enforceable rights.
• However, courts have used it in landmark judgments to interpret laws and constitutional provisions.
Special Features of the Indian Constitution

• Three-Tier Government
• Union Government – Governs the whole country.
• State Governments – Govern individual states.
• Local Governments – Panchayats in villages and municipalities in
cities/towns.
• This structure ensures power-sharing and local self-governance.
• Fundamental Duties
• Added by the 42nd Constitutional Amendment (1976).
• Inspired by the Constitution of the USSR.
• Remind citizens to respect the Constitution, protect public property,
safeguard the environment, and uphold unity.
• Currently, there are 11 Fundamental Duties.
• Amendment Procedure
• Rigid – Some provisions require a special majority in Parliament and ratification by half the states.
• Flexible – Some can be changed by a simple majority.
• This mix ensures stability but also allows adaptation to changing needs.
• 4️ Official Languages
• Hindi – Official language of the Union.
• English – Associate official language (used for official work, especially between states and Union).
• 22 Scheduled Languages recognized in the Eighth Schedule, promoting cultural diversity.
 Fundamental Rights
• 1 Meaning
• Rights guaranteed by the Constitution to protect individual liberty.
• Ensure freedom, dignity, and equality for every citizen.
• Act as a shield against arbitrary actions by the State.

• 2️ Origin
• Enshrined in Part III of the Constitution, covering Articles 12–35.
• These articles form the bedrock of Indian democracy.
• Inspired by the Bill of Rights (USA) and other global charters of liberty.
• 3 Importance
• Safeguards liberties such as freedom of speech, equality, and protection from exploitation.
• Ensures democratic governance by limiting State power.
• Promotes social justice and equal opportunity for all citizens.

• 4 Justiciable Nature
• Citizens can directly approach the Supreme Court (Article 32) or High Courts (Article 226) if their rights are violated.
• Courts can issue writs to enforce these rights (e.g., Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto).
• Dr. B.R. Ambedkar called Article 32 the “heart and soul” of the Constitution.
 Right to Equality (Articles 14–18)
• Equality before law and equal protection of laws – No one is above the law.

• Prohibition of discrimination – Prevents bias based on religion, race, caste, sex, or place of birth.

• Equality of opportunity in public employment – Everyone gets fair access to government jobs.

• Abolition of untouchability – Promotes social justice.

• Abolition of titles – Removes hereditary and honorary titles to maintain equality.

 Right to Freedom (Articles 19–22)

• Freedom of speech and expression – Allows citizens to voice opinions.

• Freedom to assemble peacefully – Encourages democratic participation.

• Freedom to form associations/unions – Supports collective action.

• Freedom to move freely throughout India – Promotes national integration.

 Right to Freedom (Articles 19–22) - contd
• Freedom to reside and settle – Ensures mobility and livelihood choices.

• Freedom to practice any profession – Encourages economic freedom.

• Protection in respect of conviction for offences – Prevents arbitrary punishment.

• Protection of life and personal liberty – Covers the right to live with dignity.

• Right to education – Empowers citizens through knowledge.

 Right against Exploitation (Articles 23–24)

• Prohibition of human trafficking and forced labour – Protects vulnerable

sections.

• Prohibition of child labour in hazardous jobs – Safeguards children’s rights.

 Freedom of Religion (Articles 25–28)
• Freedom of conscience and free profession, practice, and propagation of religion – Respects
diversity.

• Freedom to manage religious affairs – Allows communities to govern their institutions.

• Freedom from taxation for promotion of any religion – Maintains secularism.

• Freedom from attending religious instruction in certain educational institutions – Protects

personal beliefs.
 Cultural and Educational Rights (Articles 29–30)

• Protection of interests of minorities – Safeguards cultural heritage.

• Right of minorities to establish and administer educational institutions –

Ensures educational autonomy.
 Right to Constitutional Remedies (Articles 32–35)

• Right to move Supreme Court for enforcement of Fundamental Rights –

Known as the heart and soul of the Constitution.

• Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto –

Legal tools to protect rights.
 Limitations on Fundamental Rights
• 1 Sovereignty and Integrity of India
• Restrictions ensure that freedom of speech or action does not threaten the unity
and integrity of the country.
• Example: Prohibiting speeches that promote secession or encourage rebellion.

• 2⃣ Security of the State

• Prevents actions that could endanger national security.
• Example: Restrictions on revealing sensitive defense information or inciting armed
rebellion.
• 3 Public Order
• Ensures peace and prevents disorder or chaos in society.
• Example: Banning large gatherings that could lead to riots or violence.

• 4⃣ Decency and Morality

• Maintains social standards and prevents the spread of obscene or offensive
content.
• Example: Restricting publications that promote vulgarity or hate speech.
• 5 Contempt of Court
• Restriction to protect the authority and dignity of the judiciary.
• Ensures courts can function without obstruction, criticism that undermines
justice, or interference in legal proceedings.
• Example: Punishing someone for willfully disobeying court orders or
scandalizing the court.
• 6 Defamation
• Protects a person’s reputation and honor from false and harmful statements.
• Balances freedom of speech with the right to personal dignity.
• Example: Spreading false accusations about someone can lead to legal consequences.
• 7 Incitement to an Offence
• Prevents speech or actions that encourage others to commit crimes.
• Maintains law and order by discouraging criminal provocation.
• Example: Urging people to engage in violence, arson, or illegal protests.