India’s

Constitution
 India’s

India’s Constitution
Constitution

M.V. PYLEE

S. CHAND & COMPANY LTD.

(AN ISO 9001 : 2000 COMPANY)
RAM NAGAR, NEW DELHI-110055
 PREFACE TO THE FIRST EDITION
The first major achievement of Independent India was the framing of a new Constitution based
on the ideals of justice, liberty, equality and frarternity) But the Constitution has been criticised for
being unusually long and comlex. In one or two respects there is some justification in this criticism.
But by and large, the alleged over-elaboration and complexity are more apparent than real.
No other Constitution-making body had ever faced a task so difficult as the Constituent
Assembly of India. Any Constitution that is designed to provide for the governmental machinery of
a vast country like India with 360 million people was bound to be complicated. But with India it was
not merely a matter of number or size. There was a perplexing diversity-- of language, race, religion
and culture.
Prior to 1947, there were two Indias politically, British India and Indian India. The former was
under the direct rule of Britain for two centuries. The latter was a political medley, composed of
hundreds of heterogenous Princely States, some big but most of them small, some modern but most
of them feudal, some liberal but most of them autocratic, and all equally under the paramountcy of the
British Crown.
Economically, although impoverished in general as a result of colonial exploitation, India
nevertheless provided a paradox -- certain areas were comparatively advanced and prosperous while
others were unbelievably backward; certain classes fabulously rich, others living in abject poverty.
Socially, the evils of a degenerated caste-system, the curse of untouchability and the canker of
communalism, based upon religious differences, were destroying the very vitals of the once dynamic
Indian society.
Despite all the artificial barriers, political, economic and social, there had still been a cultural
unity pervading the entire country. But that too was fast disappearing under the influence of
fissiparous forces. On top of it all, there came the partition of the country into India and Pakistan, with
all the pangs of that painful process.
It was difficult to find a more baffling political entity with such complex social and economic
problems, than the India of 1947. To evolve out of the weltering chaos a compact, well-knit nation
was the task that confronted the Constitution-makers.
The Constitution of India attempts to tackle this by laying down the fundamental law of the new
nation. It is not merely a document dealing with the governmental machinery for running the
administration of the country, but is in fact, an embodiment of the ideals and aspirations of the people
of India. At the same time, it is also the product of the pattern of social forces that obtained in India
in the wake of her winning political indepen- dence.
Naturally, such a document is bound to be long, complicated and, at least in parts, beyond the
comprehension of the layman. But such complexity was not the result of deliberate intent, nor the
product of loose thinking and poor drafting. Every part of it has a history behind it; every part of it
has a definite purpose to serve; every part of it is the result of a sustained effort by the best intellects
in India that got together in the Constituent Assembly. It has, nevertheless, some imperfections, like
all things human.
Almost every modern Constitution is a complicated document. This is mainly because of the
complications involved in the mechanism of modern government, which is no longer the simple thing
that it was in the past. It is no longer an embodiment of the traditional concept of “a hindrance to
hindrances to the good life”. Today it has to play a positive role. It has to lead and guide human beings
in many of their activities.
The layman is comparatively ignorant of the working of the complicated mechanism of modern
government just as he is incapable of understanding the complicated mechanism of a technological
device. It is a field for the expert and even experts do not know all about it. Yet, the ordinary man
is capable of judging whether that mechanism works well or ill on the basis of the benefits that he
enjoys through it.
It is not the simplicity or the complexity of the Constitution that matters. What matters is how
it works ; whether or not its objectives are being realised in practice. The text may be long or short,
simple or obscure. But if it works well and produces good results, it is a good Constitution. This is
the test that we should apply to the Constitution of India.
A little over a decade is too short a period for this purpose. Yet, during the last eleven years, the
Constitution has more or less been meeting the requirements of a country that has embarked upon a
programme of revolutionary but peaceful change. How it has actually been working in the circum-
stances is a matter that calls for careful study.
This book attempts to make such a study, not in a very detailed way, yet, in a fairly comprehensive
manner. It seeks to focus the attention of those interested in the subject on the way the different
aspects of the Constitution have been in operation, on their proved merits and drawbacks. The impact
of a reasonably successful system of Constitutional government in India will not be confined to the
four hundred million people of India; it will in fact affect the destiny of many nations of Asia and Africa
who have recently achieved or are in the process of achieving their political independence.
I wish to express my sincere gratitude to all those from many parts of the country who have
encouraged me in writing this book ever since the publication of my earlier work Constitutional
Government in India (1960). I would like to recommend that work to those who wish to have more
detailed comments on the different aspects covered by this book.
M. V. PYLEE
 PREFACE TO THE SIXTEENTH EDITION

I am proud to publish the sixteenth edition of the book - India’s Constitution. This
edition builds on the success of its previous editions in providing a comprehensive understanding
of the constitutional principles. It takes into account constitutional developments over the
period and also throws light on the important issues.
During the brief period that has elapsed since the publication of the 15th edition,
momentous changes have taken place in the country. The 16th General Elections have
completely changed the political scenario with a total failure of the Congress Party which was
ruling the country for ten years, and the coming into power of the BJP with amazingly large
majority. Another major event that needs mention here is the new legislation changing the
regulating procedure for recommending new appointments to the Supreme Court of India and
High Courts.
I am grateful to S. Chand & Company Pvt. Ltd., for bringing out the new edition. I am
sure that the new edition would be eagerly awaited by students and teachers of Constitutional
Law and Politics and general readers.

Emeritus Professor Dr. M.V. Pylee

Former Vice Chancellor
Cochin University of Science & Technology

Disclaimer : While the author of this book has made every effort to avoid any mistakes or omissions and has used his skill,
expertise and knowledge to the best of his capacity to provide accurate and updated information,tthe author and the publisher do
not give any representation or warranty with respect to the accuracy or completeness of the contents of this publication and are
selling this publication on the condition and understanding that they shall not be made liable in any manner whatsoever. The
publisher and the author expressly disclaim all and any liability/responsibility to any person, whether a purchaser or reader of this
publication or not, in respect of anything and everything forming part of the contents of this publication. The publisher shall not be
responsible for any errors, omissions or damages arising out of the use of the information contained in this publication.
Further, the appearance of the personal name, location, place and incidence, if any; in the illustrations used herein is purely
coincidental and work of imagination. Thus the same should in no manner be termed as defamatory to any individual.
 CONTENTS
Part I
INTRODUCTION
1. The Dawn of a New Era ... 3
2. Basic Principles ... 12
3. Historical Background ... 21

Part II
PREAMBLE, TERRITORY AND CITIZENSHIP
4. The Preamble ... 33
5. The Union and Its Territory ... 37
6. Citizenship ... 46

Part III
FUNDAMENTAL RIGHTS AND THE DIRECTIVE PRINCIPLES
7. Fundamental Rights : General Nature ... 53
8. Right to Equality (Articles 14,15,16,17 and 18) ... 58
9. The Right to Freedom (Article 19) ... 66
10. The Right Against Exploitation (Articles 23 and 24) ... 78
11. The Right to Freedom of Religion (Articles 25 to 28) ... 80
12. Cultural and Educational Rights (Articles 29 and 30) ... 85
13. The Right to Property (Articles 31, 31-A, 31-B, 31-C
and 31-D) ... 90
14. The Right to Constitutional Remedies
(Articles 32 and 32-A) ... 93
15. An Assessment ... 97
16. The Directive Principles ... 101
17. Fundamental Duties ... 110
PART IV
THE MACHINERY OF THE UNION GOVERNMENT
18. The Union Executive ... 115
19. The Council of Ministers and the Prime Minister ... 125
20. The Vice-President and the Attorney-General ... 129
21. The Union Legislature — The Parliament of India ... 131
22. Legislative Procedure ... 142
23. Privileges and Committees ... 147
24. The Union Judiciary — The Supreme Court ... 155
PART V
GOVERNMENT MACHINERY IN THE STATES
25. The State Executive : The Governor ... 169
26. The Governor and the Council of Ministers ... 173
 27. The State Legislature ... 176
28. Judiciary in the States ... 184
29. Union Territories ... 190
PART VI
THE FEDERAL SYSTEM
30. The Scheme of Division of Powers ... 195
31. Administrative Relations between the Union and the States ... 200
32. Financial Relations ... 206
33. Inter-State Trade and Commerce ... 212
34. Emergency Provisions ... 215
35. The Zonal Councils ... 223
PART VII
MISCELLANEOUS PROVISIONS
36. The Comptroller and Auditor-General of India ... 229
37. Public Services ... 232
38. The Public Service Commissions ... 240
39. Administrative Tribunals ... 245
40. Official Language ... 247
41. Elections ... 251
42. Special Provisions Relating to Certain Classes ... 270
43. Amendment of the Constitution ... 277
44. Constitutional Review ... 291
45. Concluding Observations ... 326
Appendices I-V ... 333
Selected Bibliography ... 339
Index ... 346

LIST OF TABLES
Table 1 The States as they existed before the Reorganisation of States in 1956, p.40
Table 2 Recommendations of the States Reorganisation Commission. p. 41
Table 3 The reorganised States as they emerged from the States Reorganisation Act, 1956, p. 43
Table 4 The States and Union Territories as they existed in 2005. p. 44
Table 5 The value of each Assembly and Parliamentary vote in the Presidential Election. p. 117
Table 6 State-wise membership of the House of the People. p. 132
Table 7 State-wise membership of the Council of States. p. 137
Table 8 Relative Strength of All India parties in the House of the people.
pp. 152 & 153
Table 9 Strength of members in the Legislative Assembly of each State.
p. 177
Table10 Membership of Legislative Council in the State. p. 179
Table11 High Court and the number of judges in each. p. 188
Table12 Major Indian languages and the number of people speaking each of them. p. 247
Table13 Representation of Scheduled Castes and Scheduled Tribes in the House of the People. p. 270
Table14 Representation of Scheduled Castes and Scheduled Tribes in the State Assemblies. p.271
Excerpts from Reviews
Written in easy style with brevity but without sacrificing the essentials, the book
is a work of deep scholarship and vast learning. The author has extensively
researched the various topics of the Constitution and put them in right perspective.
It is a signal contribution. The fact that the book is the fifth edition exemplifies its
popularity and usefulness.
University News, Delhi
This book is an adaptation by the author of a much larger work of his own
Constitutional Government in India and is sure to be of great help to persons trying
to master the intricacies of the Indian Constitution. It is a clear, critical and
interesting presentation of the complicated provisions of the Indian Constitution.
The Hindu, Madras
This introduction to the Constitution, like the author’s larger and more compre-
hensive ‘‘Constitutional Government in India’’ has been widely used all over the
country and its popularity is evidenced by the fact that it has already been translated
into several Indian languages...... The combination of much descriptive material
with judicious comments, wherever appropriate, makes Dr. Pylee’s book an admi-
rable introduction to the Constitution of India.
The Indian Express, Bombay
India’s Constitution is an excellent book. It will be read with profit by students,
lawyers and politicals alike.
The National Herald, Lucknow

Dr. Pylee has in this abridged edition of his previous magnum opus, Constitu-
tional Government in India, a publication that could be bought and used by students
of constitutional law. It is a useful introduction to the study of the subject.
The Weekly Mail, Madras
Text books should be sound and lucid. Dr. Pylee’s book adapted from his much
larger work Constitutional Government in India admirably fulfils this test.
The Sunday Standard, Calcutta

India’s Constitution is a shorter version of Pylee’s earlier work, Constitutional

Government in India and is as clear and comprehensive as the older book.
Hindustan Standard, Calcutta
Written in an untraditional form Dr. Pylee’s work is marked by clarity of
exposition, profound comprehension, balanced judgement and lucid expression.
The selected bibliography has enhanced the value of the work.
The Sunday Tribune, Chandigarh
 Dr. Pylee’s book is a useful guide to all those who are interested in understand-
ing the different aspects of the Constitution of India and its working.
New Outlook, England

Though an adaptation of the author’s larger work, this book is an up-to-date and
thorough delineation of an intricate subject. The treatment of the subject is authentic
and answers some of the questions that have agitated many. The author cuts across
many legal quibbles with grace. His arguments are convincing and one feels their
full force all along.
Sainik Samachar
This is an exceedingly worthwhile treatise on the Indian Constitution.
The Lawyer
This book is designed to suit the requirements of students studying this subject
for various University and Competitive examinations. Written in a clear and easy
style the book presents a systematic study of our Constitution.
Bharat Jyoti

This book has discussed constitutional issues in such a clear, comprehensive and
systematic manner that it would be found very helpful. To the undergraduate
students of Political Science in Indian Universities the book is indispensable.
The Hitavada, Nagpur
This is the revised edition of Dr. Pylee’s book which is well-known. Its exposition
of the Constitution of India is lucid and straightforward.
The Searchlight, Patna
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Publisher : SChand Publications ISBN : 9789352531042 Author : M V Pylee

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