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Indian Constitution Course Overview

The course on the Indian Constitution aims to educate students about the fundamental principles of constitutionalism, democracy, and the rule of law in India, while also fostering awareness of their rights and duties as citizens. It covers key topics such as federalism, emergency provisions, and the structure of the Indian government through a detailed syllabus divided into modules. The course is designed to enhance ethical responsibilities in professional and social contexts, ultimately contributing to informed citizenship and nation-building.
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0% found this document useful (0 votes)
25 views48 pages

Indian Constitution Course Overview

The course on the Indian Constitution aims to educate students about the fundamental principles of constitutionalism, democracy, and the rule of law in India, while also fostering awareness of their rights and duties as citizens. It covers key topics such as federalism, emergency provisions, and the structure of the Indian government through a detailed syllabus divided into modules. The course is designed to enhance ethical responsibilities in professional and social contexts, ultimately contributing to informed citizenship and nation-building.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Course Title:

Indian Constitution
(1 credit / 15 hours / 10 session)

Prepared by,
Dr. Jay Patel
jaypatel00115@[Link]
About the Course (Introduction)
• The Indian Constitution is the supreme law that
defines the political, legal, and administrative
framework of the country.
• This course introduces students to the core
principles of constitutionalism, democracy, and
rule of law in India. It helps students understand
their Fundamental Rights, Duties, and the
structure of the Indian Government.
• It covers key topics such as federalism, emergency
provisions, and local self-governance.
• Engineering students will develop awareness of
legal and ethical responsibilities in professional
and social contexts.
• Overall, it aims to create informed citizens who
contribute responsibly to nation-building.
17-Aug-25 2
Course objective

1. To enhance human values, create awareness about law enactment and importance of
Constitution
2. To Understand the Fundamental Rights and Fundamental Duties of The Indian Citizen to
instil morality, social values, honesty, dignity of life and their social Responsibilities.
3. Create Awareness of their Surroundings, Society, Social problems and their suitable
solutions while keeping rights and duties of the Citizen keeping in mind.
4. Understand distribution of powers and functions of Local Self Government.
5. Understand the National Emergency, Financial Emergency and their Impact on Economy of the
country.

Scope

1. Understanding constitutional principles help engineers act ethically and responsibly in public and
professional life.
17-Aug-25 3
Syllabus

Title Details
Module 1: • Meaning of the constitution law and constitutionalism
Introduction to Indian • History of Indian Constitution
Constitution • Necessity of the Constitution, Societies before and after the
Constitution adoption.
• Making of the Constitution
• Salient features of India Constitution.
• Role of the Constituent Assembly.

Module 2: • Fundamental Rights


Fundamental Rights, • Fundamental Duties and its legal status
Fundamental Duties, and • The Directive Principles of State Policy – Its importance and
Directive Principles of State implementation
Policy • Federal System, Centre-State Relations

17-Aug-25 4
Syllabus

Title Details
Module 3: • Power and function of parliamentary System (LS and RS)
Union executives and state • Parliamentary committees
executives • Judicial system of India, supreme court of India and other courts
• Powers and functions of the president
• Powers and Functions of the Prime Minister
• Judiciary – the independence of the supreme court
• Appointment of judges, judicial review
• LokPal, Lok Ayukta
• The Lokpal and Lokayuktas Act 2013
• State executives – powers and functions of the governor
• Powers and functions of the chief minister
• Functions of state cabinet
• Functions of state legislature
• Functions of high court and subordinate courts
17-Aug-25 5
Syllabus

Title Details
Module 4: • Amendment of the constitutional powers and procedure
Amendments in Indian • The historical perspectives of the constitutional amendments in
Constitution India
• Emergency Provisions:
• National Emergency,
• President Rule
• Financial Emergency,
• Local Self Government – Constitutional Scheme in India.

17-Aug-25 6
Reading Material

• Students are advised to refer to any standard textbook based on the given syllabus of the
subject. However, the following suggested materials may help them understand the content
more effectively.
• Text Book,
1. Durga Das Basu. Introduction to the Constitution of India (23rd ed., 2019)
2. M. Laxmikanth. Indian Polity, Mc Graw Hill pub., (7th ed., 2023)
• Reference Book,
1. Udai Raj Rai, Constitutional Law: Governance Structure (2d ed., 2022).

17-Aug-25 7
Course Guidelines

• Lecture notes (in power point format), case studies, and other important information will be
posted on Google Classroom. Students are advised to check it regularly for updates.
• Discussion on any topic is allowed and encouraged.
• Assignments found to be too similar (copied) will receive a zero.
• Regular attendance is highly recommended. If you miss a class, you are responsible for
all the material covered or assigned during that session.
• Late submission of any assignment or tutorial will incur a penalty of 10% per day, including
weekends.

17-Aug-25 8
Module 1:
Introduction to Indian
Constitution
Outline

1. Meaning of the constitution law and constitutionalism


2. History of Indian Constitution
3. Necessity of the Constitution, Societies before and after the Constitution
adoption
4. Role of the Constituent Assembly
5. Making of the Constitution
6. Salient features of India Constitution
7. Summary
8. Practice Questions

17-Aug-25 10
1. Meaning of the constitution law and constitutionalism
1.1 Constitution Meaning

17-Aug-25 11
1.1 Constitution Meaning
Read , Consti - tutio
• The word “Constitution” comes from the Latin word "constitutio",(= “an arrangement” or “established
order.” )

Year Event Significance


Constitutions (Imperial decrees,
Ancient Rome --
King’s authority)
1215 Magna Carta (England) --
1689 English Bill of Rights --
First modern written constitution. Introduced fundamental
1787 United States Constitution
rights.
Emerged during the French Revolution and fundamental civil
1791 French Constitution
liberties.
Came into effect on 26 January 1950. It is the longest written
1950 Indian Constitution constitution in the world, incorporating elements from various
global systems while addressing India’s diverse needs.

The word constitution historically signified structured rule or authority, and over time, it became the term for the legal
foundation of modern democratic states.
17-Aug-25 12
1.2 Constitution Law

• It is a body of law which defines the role, powers, and structure of different entities within a
state, as well as the basic rights of citizens and, in federal countries (where state and central
relations are maintained / different) such as the United States and Canada.
• It also maintain the relationship between the central government and state, provincial, or
territorial governments (=Meaning of Federal).
• Ther are lots of laws like, customary law, conventions, statutory law, judge-made law, or
international rules and norms. However, constitutional law deals with the fundamental
principles by which the government implements its authority. In some instances, these
principles grant specific powers to the government, such as the power to tax and spend for
the welfare of the population.

17-Aug-25 13 laws
Legislature : a group of people who have the power to make and change
1.3 Constitutionalism

Constitutionalism means that the power of the government is limited by


a constitution and must be used according to certain rules and
principles. (its limit the power of government)

Basic Idea behind it,


• The government is not above the law.
• The rights and freedoms of people must be protected.
• Power must be divided between different branches (like legislature, executive, judiciary).
• Laws must follow the constitution, and the government must work within those limits.

In short, constitutionalism ensures that power is used responsibly, and


that citizens are protected from misuse of power.

17-Aug-25 14
Legislature : a group of people who have the power to make and change laws
Cont.

• Principles of Constitutionalism,
1. Separation of power : Separation of powers divides the mechanism of governance into three
branches i.e., Legislature, Executive and Judiciary.
1. Legislature: The law-making body of the government.
→ Example: Parliament (Lok Sabha and Rajya Sabha) in India.
2. Executive: The law-implementing body. It runs the government and ensures laws are
followed.
→ Example: President, Prime Minister, and Council of Ministers.
3. Judiciary: The law-interpreting body. It settles disputes and ensures justice by checking
if laws are followed correctly.
→ Example: Supreme Court, High Courts, and lower courts.

17-Aug-25 15
Cont.

2. Responsible and Accountable Government : As citizens of the country, people have the
right to vote and raise questions to the ruling government.
3. Popular Sovereignty: In a democracy, the government gets its authority because the people
choose their leaders through elections. No individual or organization can hold power unless
it is given by the people. This concept ensures that the people are the true source of all
political power in a democratic system.
4. Rules of Laws : The country is governed by laws, not by the personal decisions of
individuals.

17-Aug-25 16
Sovereignty = The full right and power to govern yourself without being controlled by another.
Cont.
5. Independent Judiciary: The independence of the Judiciary is the essence of any liberal
democracy and the foundation of a free society, and it help to maintain the balance of the law in
the nation.
6. Individual rights: The rights of the individual shall be at the highest pedestal for
constitutionalism to thrive.
7. Police accountability : Constitutionalism also helps that police while performing its duties shall
uphold the rights, freedoms and dignity of the individuals.

Difference Between Constitution and Constitutionalism

• The constitution is generally a written document, created by the government (often with the participation of
the civil society), while constitutionalism is a principle and a system of governance that respects the rule of
law and limits the power of the Government.
17-Aug-25 17
2. History on Indian constitution
2.1 Short introduction

17-Aug-25 18
2.1 Short Introduction

• The British company known as English East India Company came to India in the 17th
century initially for trading only. Eventually, after slowly gaining more power, they attained
the rights to collect revenue and govern themselves.
• The Company has exclusive rights to trade in India. In the year 1765, the East India
Company obtained 'Diwani' (Rights over revenue and civil justice) of Bengal, Bihar, and
Orissa.
• According to the Charter Act of 1833, the Governor General of Bengal became the
Governor General of India. It also created a Central Legislature, which, in a way, made the
British supreme rulers of India.
• After the Sepoy Mutiny of 1857 (also called the First War of Independence), the British
Crown took direct control of India in the year 1858. Before that, India was mainly ruled
by the British East India Company. From 1858 onwards, India was governed directly by
the British Government through a system called the British Raj. This continued until
August 15, 1947, when India became an independent country and was no longer under
British rule.
17-Aug-25 19
Cont.
Before 1947, India was divided into two main entities.
• British India which consisted of 11 provinces; and
• The Princely states ruled by Indian princes under subsidiary alliance policy.

Different layers of law in the history of Indian Constitutionalism,

• 1. Regulating Act 1773 • 9. Morley-Minto Reforms 1909


• 2. Pitt’s India Act 1784 • 10. Montague-Chelmsford Reforms 1919
• 3. Charter Act of 1813 • 11. Government of India Act 1935
• 4. Charter Act of 1833 • 12. Indian Independence Act 1947
• 5. Charter Act of 1853
• 6. Government of India Act 1858
• 7. Indian Councils Act 1861
• 8. India Councils Act 1892

These17-Aug-25
acts were in some way instrumental for the development of the Indian Constitution
20
2.2 Evolution of British Administrative Control in India (1773–1935)
1. Regulating Act of 1773
• It was the first step taken by the British Parliament to control and regulate the
affairs of the East India Company in India.
• It designated the Governor of Bengal (Fort William) as the Governor-General (of
Bengal). Warren Hastings became the first Governor-General of Bengal.
• An Executive Council of the Governor-General was Fig. 1 Warren Hastings [4]

created with 4 members.


• Supreme Court was established at Calcutta as the
Apex Court in 1774.

• It subordinated the Governors of Bombay and Madras


to the Governor-General of Bengal.

17-Aug-25 21
Fig. 2 Fort William [5]
Cont.
2. Pitt's India Act of 1784
• The commercial and political functions of the Est. India company were separated.
• The Court of Directors managed the commercial activities while the Board of Control managed
political affairs.
• It placed the Indian affairs under the direct control of the British Government.
• Governor's councils were established in Madras and Bombay.

3. Charter Act of 1813


• This Act removed the East India Company's exclusive control over trade with India, except for tea.
After this, all British citizens were allowed to trade with India

17-Aug-25 22
Cont.
4. Charter Act 1833
• Governor-General of Bengal was designated the Governor-General of India
(Lord William Bentinck). [Previously “Warren Hastings” was there from
1773]
• The legislative powers of the Bombay and Madras Presidencies were removed.
• This was the final step towards centralization in British India.
• The Act ended the activities of the East India Company as a commercial body,
Fig. 3 Lord William
and it became a purely administrative body. Bentinck [6]

17-Aug-25 23
Cont.
5. Charter Act 1853 A legislative council, also known as Vidhan
Parishad, is the upper house in the state
• The legislative and executive functions of the Governor- legislature of certain Indian states.
Currently, six Indian states have a
General's Council were separated. bicameral legislature, meaning they have
both a Legislative Assembly (lower house,
• A Central Legislative Council was created of 6 Vidhan Sabha) and a Legislative Council
members out of which 4 were appointed by the (Upper house, Vidhan Parishad).

provisional governments of Madras, Bombay, Agra and


Bengal.
• It introduced a system of open competition as the basis
for the recruitment of civil servants of the Company
(Indian Civil Service opened for all).
The Gujarat Legislative Assembly or Gujarat Vidhan
• The Indian civil service was opened as a means to recruit Sabha is the unicameral legislature, Presently, 182
members of the Legislative Assembly are
officers for administration through open competition.
17-Aug-25
directly elected from single-member constituencies
24
Cont.
Supplementary topic : Normal process to become a good leader in politics

1. Start with Local Politics


• A person may begin by participating in local body elections like:
• Municipal elections (if the town has a municipality), or
• Panchayat elections (for rural areas).
This helps them become known in the community and gain experience.
2. Become an MLA (Member of Legislative Assembly)
The next step is to contest in Gujarat State assembly elections and become an MLA.
This allows the person to represent their constituency in the Gujarat Vidhan Sabha (State
Legislative Assembly).

17-Aug-25 25
Cont.
3. Hold a Ministerial Role in the State (Optional but Useful)
• If the person becomes a senior leader in their party, they may be made a state minister or even
Chief Minister of Gujarat. Example: Narendra Modi was CM of Gujarat from 2001 to 2014
before becoming PM.
4. Join National Politics (Become MP)
• To become Prime Minister, the person must be elected as a Member of Parliament (MP) in the
Lok Sabha (lower house of Parliament).
5. Become Leader of the Majority Party
• The person must be chosen as the leader of the political party or alliance that wins the majority
of seats in the Lok Sabha (at least 275 out of 543).
6. Appointed as Prime Minister
• The President of India appoints the leader of the majority party as the Prime Minister.
17-Aug-25 26
Cont.
6. Government of India Act 1858
• The rule of the Company was replaced by the rule of the Crown in
India.
• The office of the Secretary of State for India was created. He was
assisted by a 15 member Council of India.
• The Indian administration was under his authority and the
Viceroy was his agent.
• The Governor-General was designated the Viceroy of India. Lord
Canning was the first Viceroy of India (Governor-General = Viceroy =
Chief Administrator of British territories in India).
• The Court of Directors and the Board of Control were abolished.
Fig. 4 Lord Canning [7]
(The Court of Directors and the Board of Control were two bodies overseeing the
East India Company. The Court of Directors managed the company's day-to-day
commercial activities, while the Board of Control represented the British
government and oversaw political and military affairs. Essentially, the Board of
Control had the final say on major decisions, while the Court of Directors handled
the practical business of the company. )

17-Aug-25 27
Cont.
7. Indian Councils Act of 1861
• Indians were given representation in the Viceroy’s Councils. 3 Indians entered the
Legislative Council.
• Provisions were made for the entry of Indians in the Viceroy’s Executive council also as
non-official members.
8. Indian Councils Act of 1892
• Indirect elections (nominations) were introduced.
• Legislative Councils expanded. Gave more functions to the legislative councils such as the
discussion of budget and questioning the executive.

17-Aug-25 28
Cont.
9. Indian Councils Act 1909 (Morley-Minto Reforms)
• Direct elections to the legislative councils were introduced for the first time.
• The concept of the separate communal electorate was accepted. (The Morley-Minto Reforms (1909) were named after
John Morley (Secretary of State for India) and Lord Minto (Viceroy of India). These reforms introduced separate electorates and allowed
Indians to be elected to legislative councils for the first time.)

• For the first time, an Indian was made a member of the Viceroy’s Executive Council. (Satyendra Prasad Sinha –
Law Member).

The name "Morley-Minto Reforms" is given because the reforms were proposed and
implemented under:
•John Morley – the Secretary of State for India (based in Britain), and
•Lord Minto – the Viceroy of India (based in India at that time).
Together, they drafted and passed the Indian Councils Act of 1909, which became known
informally as the Morley-Minto Reforms.

Fig. 5 Satyendra Prasad


17-Aug-25
Sinha [8] 29
Cont.
10. Government of India Act 1919 (Montague-Chelmsford Reforms)

• Central and provincial (state) government were separated.


• Diarchy (government by two independent authorities) was introduced in the provincial governments with executive
councillors being in charge of the reserved list and the ministers in charge of the transferred list of subjects.
(Diarchy was a system introduced in provincial governments where the powers and responsibilities were divided into two parts reserved
subjects and transferred subjects. The reserved subjects, such as police, finance, and law and order, were controlled by British officials
called executive councillors, who were not answerable to the Indian people. On the other hand, the transferred subjects, like education,
public health, and agriculture, were managed by Indian ministers, who were responsible to the elected members of the provincial
legislative councils. This system aimed to gradually involve Indians in governance but still kept key powers in British hands).

• A bicameral legislature was introduced for the first time at the center. (Legislative council and legislative
assembly later to become Rajya Sabha [Council of state] and Lok Sabha [House of people] respectively).
Before that its only at the state level. Legislative Assembly with 140 members and Legislative council with 60
members. (Currently 543 and 245 seats)
• A system of direct elections was introduced.
17-Aug-25 30
Cont.
11. Government of India Act of 1935
• An all-India Federation was planned to include both British India and princely states, but this
plan was never implemented.
• The subjects were divided into three lists:
• Federal List – controlled by the central government
• Provincial List – controlled by the provinces
• Concurrent List – handled by both
• The system of diarchy (dual rule) was removed from the provinces and introduced at the
central level.
• Provinces were given more power and independence, and in 6 out of 11 provinces, a two-house
legislature (bicameral) was introduced.
• At the State level, the equivalent of the Lok Sabha is the Vidhan Sabha (Legislative Assembly), and
that of the Rajya Sabha is the Vidhan Parishad (Legislative Council)).

17-Aug-25 31
Cont.

• These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United
Province.
• A Federal Court was established at Delhi for the resolution of disputes between provinces
and also between the center and the provinces. It has Chief Justice and not more than 6
judges.
• A federal court was established and the Indian Council abolished.
• This act provided for the establishment of the RBI.
• This Act continued until it was replaced by the new Indian Constitution.
• A Federal Railway Authority was set up to control Indian railways.
• The Government of India Act 1935 was replaced by the Constitution of India after
independence

17-Aug-25 32
Cont.
12. Indian Independence act 1947
• Lord Mountbatten became the first Governor-General of independent India.
• Jawaharlal Nehru was sworn in as the first Prime Minister of India.
• It provided for the partition of the country into India and Pakistan.
• The office of Viceroy was abolished and provided for the Governor-General for each dominion (India
and Pakistan) appointed by the king.
• The Act ended the British rule and declared India as an independent and sovereign state from
August 15, 1947. The Act established governments at the central and provincial levels. It also laid
down the foundation of the Constituent Assembly.
• An idea for a Constituent Assembly of India was proposed in 1934 by M. N. Roy, a pioneer of the
Communist movement in India and an advocate of radical democracy. The Constituent Assembly met
for the first time in New Delhi on 9 December 1946 in the Constitution Hall which is now known as
the Central Hall of Parliament House.

17-Aug-25 33
3. Necessity of constitution, society before and after
constitution

17-Aug-25 34
Cont.

• Why is Constitution needed in society ?


• It help in defining the structure of government, distributes powers, guarantees
fundamental rights, and lays down principles of justice. Without it, governance can be
arbitrary, leading to instability.
• In India’s case, the Constitution was necessary to unify a diverse society after
independence (1947) and to provide a democratic framework ensuring justice, liberty,
equality, and fraternity.
• Taking example of Indian society as before and after Indian constitution…
• Society Before the Constitution (Pre-1950)
• Colonial Rule (British Era): Governance was based on colonial laws (e.g., Government
of India Acts of 1919 & 1935), with limited participation of Indians in administration.
Social Inequality, Fragmentation: Princely states had different laws, customs, and rulers
and no uniform system. (examples: Before 1950, Dalits were denied access to temples,
wells, and education due to caste-based exclusion).

17-Aug-25 35
Cont.

• Society After the Constitution (Post-1950)


• Legal Equality: Article 14 (Right to Equality) abolished caste-based and gender-based
discrimination.
• Democratic Participation: (one person, one vote) gave equal political rights to all.
• Uniform Governance: A federal structure with clear division of powers between Union and
States. (Example: The abolition of untouchability (Article 17) enabled Dalits to access public
places and institutions, promoting social inclusion).
• The adoption of the Constitution in 1950 transformed Indian society from a
fragmented, unequal, colonial structure into a democratic and rights-based society.
It gave citizens a sense of belonging and responsibility in shaping the nation.

17-Aug-25 36
4. Role of Constituent Assembly

17-Aug-25 37
Cont.

• An idea for a Constituent Assembly of India was proposed in 1934 by M. N. Roy, a pioneer
of the Communist movement in India and an advocate of radical democracy. The Constituent
Assembly met for the first time in New Delhi on 9 December 1946 in the Constitution Hall
which is now known as the Central Hall of Parliament House.
• Dr Ambedkar became the head of the Drafting Committee. This is why he is called the
Father of the Constitution. After more than two years of deliberations, the Assembly finally
approved the Constitution on 26 November 1949. This is why we celebrate this day as
Constitution Day today.
• The Assembly finally adopted the Constitution on 26 January 1950. India formally
became a sovereign republic that day. This is why we celebrate 26 January as India’s
Republic Day.

17-Aug-25 38
5. Making of Indian Constitution (Timeline of formation
of the Constitution)

17-Aug-25 39
Cont.
• 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).
• 11 December 1946: The Assembly
appointed Rajendra Prasad as its
president (There were initially 389
members in total, which declined to
299 after partition. Out of the 389
members, 292 were from government
Fig. 6 Jawaharlal Nehru signing the Indian Constitution
provinces, 4 from chief commissioner
provinces and 93 from princely
states.)

Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution40is hand-
17-Aug-25
written,
Count…
• 15 August 1947: Achieved independence. India split into the Dominion of India and the
Dominion of Pakistan.
• 29 August 1947: Drafting Committee appointed with B. R. Ambedkar as its Chairman.
• 26 November 1949: The Constitution of India was passed and adopted by the assembly.
• 24 January 1950: Last meeting of Constituent Assembly. The Constitution was signed and
accepted. (with 395 Articles, 8 Schedules, 22 Parts however after amendment it 448 Articles, 12
Schedules, 25 Parts )
• 26 January 1950: The Constitution came into force. (The process took 2 years, 11 months and 18
days - at a total expenditure of ₹6.3 crores to finish.)

17-Aug-25 41
5.1 A source of the constitute (Influence of the other constitute to the Indian Constitute)
Government Influence
United Kingdom • Parliamentary government
• Concept of single citizenship
• The legislative speaker and their role, Legislative procedure
United states • Federal structure of government
• Independent judiciary and separation of powers , Judicial review
• President as commander-in-chief of the armed forces
• impeachment of the president, removal of Supreme Court and high court judges and post of vice-
president.
Ireland • Directive Principles of State Policy
• the nomination of members to Rajya Sabha and method of election of the president.
Australia • Freedom of trade between states
• Preamble terminology
• A joint sitting of the two Houses of Parliament.
Canada • Quasi-federal government - a federal system with a strong central government
• Distribution of powers between the central and state governments
Germany • Suspension of Fundamental Rights during Emergency.
South17-Aug-25
Africa • Procedure for amendment of the Constitution 42
6. Silent features of Indian Constitution

17-Aug-25 43
Cont.
• 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 (Federalism is a system of government in which powers are
divided between a central authority and regional/state governments) and unitarianism (Unitarianism is a
system of government in which all powers are concentrated in a single central authority. Unlike
federalism, the states/provinces do not have independent powers; they only exercise authority delegated
by the central government), and flexibility with rigidity. Since its inauguration on 26th January 1950,
the Constitution of India has been successfully guiding the path and progress of India.
• It has 448 Articles, 12 Schedules, 25 Parts, It is indeed much bigger than the US Constitution which has
only 7 Articles and the French Constitution with its 89 Articles.
• The Preamble of Indian constitution (An introductory statement) :
• We, the People of India → Source of authority.
• Sovereign → Independent, free from external control.
• Socialist → Economic justice, reduce inequality.
• Secular → Equal respect to all religions.
• Democratic → Government by the people, election by the people.
• Republic → Elected head of State (no monarchy).

17-Aug-25 44
Cont.
• Rigid and Flexible: A constitution is called rigid or flexible on the basis of its amending procedure. In
a rigid constitution, amendment of the constitution is not easy like the constitutions of USA, Switzerland
and Australia are rigid constitutions. Where, as the British Constitution is considered flexible because its
amendment procedure is easy and simple.
• Federal but Unitary: In a federal government there are two distinct levels of governments. There is one
government for the whole country which is called the Union or Central Government and there is a
government for each Unit or State. The USA is a federation whereas the UK(Britain) has a unitary form of
government where there is only one government for the whole country and the power is centralised. The
Constitution of India does not use the term ‘federal state’ but calls India a ‘Union of States’.
• Quasi Federal: It means a federal set up where despite having two clear sets of government – central and
the states, more powers are given to the Central Government.
• Parliamentary Democracy: This feature has been adopted from the British system. In a parliamentary
democracy there is a close relationship between the legislature and the executive. The Cabinet is
selected from among the members of legislature. The President is the Head of the State. Constitutionally
the President has numerous powers but in practice the Council of Ministers headed by the PM, exercises
these powers. The President has to act on the advice of the Prime Minister and the Council of
Ministers.

17-Aug-25 45
Count …
• Fundamental Rights and Fundamental Duties: The Constitution of India guarantees Fundamental
rights to its citizen. The Constitution provides for six Fundamental Rights which are protected by the
judiciary. There is a list of ten Fundamental Duties for all citizens of India. While the rights are given as
guarantees to the people, the duties are obligations which every citizen is expected to perform.
• Single Integrated Judicial System: India has a single integrated judicial system. The Supreme Court is
the apex court of the judicial system. The Indian judiciary is like a pyramid with the lower courts as the
base, High Courts in the middle and the Supreme Court at the top.
• Independence of Judiciary: Indian judiciary is independent and impartial. It is free from the influence of
the executive as well as the legislature.
• Universal Adult Franchise: Indian democracy functions on the basis of ‘one person one vote’.
• Independent Agencies: The Constitution provides for some independent Agencies to perform functions
allotted to them. The important agencies like the Election Commission, Union and State Public Service
Commission.
• Emergency Provisions: The Constitution makers expected that there could be situations when the
government could not be run in usual manner due to difficult circumstances. To cope with such situations,
the Constitution elaborated on emergency provisions. There are three types of emergency; A) emergency
caused by war, B) emergency arising out of the failure of constitutional in states, and C) financial
emergency.
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Practice Questions
1. Define Constitution and Constitutionalism and explain in detail the differences between the
them.
2. Discuss the principles of Constitutionalism in detail.
3. Compare the Regulating Act of 1773 with Pitt’s India Act of 1784.
4. Compare and discuss in detail the Charter Acts of 1813, 1833, and 1853.
5. Who was the first Viceroy of India? Discuss the provisions and importance of the
Government of India Act, 1858.
6. Discuss the Morley–Minto Reforms of 1909 and their significance in the development of the
Indian Constitution.
7. Explain the Montagu–Chelmsford Reforms and their impact on Indian governance.
8. Analyze the importance of the Indian Independence Act of 1947 in the context of the
development of the Indian Constitution.
9. Discuss the importance of a Constitution for a nation, with special reference to India as a case
study.
10. What is the Constituent Assembly? When was it first proposed, and what role did it play in
framing the Constitution of India?

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References:

1. M. Laxmikanth. Indian Polity, Mc Graw Hill pub., (7th ed., 2023)


2. Durga Das Basu. Introduction to the Constitution of India (23rd ed., 2019)
3. [Link]
4. [Link]
5. [Link]
6. [Link]
7. [Link]

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