MODULE 1:

Introduction and Basic

Information about
Indian Constitution

For [Link] (E.C.E./C.S.E./Biotechnology only)

Introduction
The Constitution of India is the supreme law of India. It frames fundamental political principles,
procedures, practices, rights, powers, and duties of the government. It imparts constitutional
supremacy and not parliamentary supremacy, as it is not created by the Parliament but, by a
constituent assembly, and adopted by its people, with a declaration in its preamble. Parliament
cannot override it.
The world’s longest constitution is the Indian’s constitution. At its commencement, it had 395
articles in 22 parts and 8 schedules. It consists of approximately 145,000 words, making it the
second largest active constitution in the world. Currently, it has a preamble, 25 parts with 12
schedules, 5 appendices, 448 articles, and 105 amendment

History
The constitution of India was adopted on the 26th of November in the year 1949. However, it
came to effect on the 26th of January, 1950. 26th of January is celebrated as the Republic Day of
India. It was adopted by the Constituent Assembly. Dr. B. R. Ambedkar, the chairman of the
Drafting Committee, is widely considered to be the architect of the Constitution of India. After,
the adoption of the constitution, the Union of India became the contemporary and modern
Republic of India.

What is Constitution?
A constitution is a set of fundamental principles or precedents of a particular entity that shall
help in understanding how it is supposed to be governed. The constitution is a set of fundamental
laws that the government, as well as any individual, shall follow. It offers a way to govern a
country. These fundamental laws or principles are written in a document, and that is why it is
called the ‘Written Constitution’. It helps in demonstrating the social, political structure of a
country. It also includes the legal entity of the nation. It is the primary and prime law of the
country. It is usually sketched by the government, and in recent years, many nations have altered
their constitution, which is uncommon but needed.
In specific terms, Constitution is referred to defined as
1. Basic Law of the Nation
2. A system that integrates and collaborates the organization and individual norms

It is a structure that the government must follow, and so do the common man. The foundation of
the government is set by the constitution. The collective rights and freedom of individuals are
offered by the constitution, and everyone must follow the law.

What is Constitutionalism?
Constitutionalism is the governing law that helps regulate the functionality of the government.
As such, constitutionalism sets the standards of actions for the government. It indeed sets
limitations to the government. Constitutionalism defines the action of a government as legitimate
or not. No government shall work beyond the principles of constitutionalism and, if it does so, is
considered invalid. One needs to understand that having the constitution does not guarantee to
set constitutionalism. It is the other way around. A nation must have the governing laws for the
government to have the constitution set. Also, the country that has a constitution and not have
constitutionalism makes it vulnerable as the rules can be broken at any time.
Basic Features of Constitutionalism are given below:
1. Popular Sovereignty
2. Separation of Powers
3. Responsible and Accountable Government
4. Rule of Law
5. An independent judiciary
6. Respect for individual rights
7. Respect for self-determination
8. Civilian control of the military
9. Police governed by law and judicial control

As such, the concept of constitutionalism help restores peace in the nation. Imagine, without that,
the government can act on their own without any governing authority to question them. Even
questioned, there is no law to say that the action was wrong. This is widely avoided in the
nations that have strong constitutionalism that puts limitations on the government, and the same
shall be adhered to by any government that is formed.

Main Differences between Constitution and Constitutionalism

1. The main difference between Constitution and Constitutionalism is that the constitution is a
written document while constitutionalism is not.
2. The constitution is the supreme law of the country, while constitutionalism is the one that
allows it to function legitimately.
3. Constitutional amendments can be changed by the Government, while constitutionalism
cannot be changed.
4. The non-existence of a constitution can still have the company thrive, while the non-existence
of constitutionalism shall ruin the country as there is no governing law for the government in
power.
5. Constitution is the rules and regulation set for the structure of the government and society,
while constitutionalism sets the limitation to the government itself.

Salient features of Indian Constitution

Lengthiest written constitution
  Constitution can be classified into written constitution such as that of America or
unwritten constitution such as that UK.
 The constitution of India is a written constitution which happens to be the
lengthiest written constitution in the world.
 It is comprehensive, elaborate and a detailed document

Drawn from various sources

 It has borrowed most of its provisions from the constitution of various other
countries as well as from the Government of India act, 1935. Ex: independence of
judiciary from USA, Fundamental Rights from USA etc
 Though it is borrowed, the Indian constitution-makers made sure the borrowed
features were made suitable to Indian conditions. Ex: Though we borrowed cabinet
form of governance from UK, the cabinet is not all-supreme as in the case of UK.

Preamble of the constitution

 The Preamble consists of the ideals, objectives and basic principles of the
Constitution.
 The salient features of the Constitution have developed directly and indirectly
from these objectives which flow from the Preamble
 It asserts 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 nature of Indian state and the objectives it is committed to
secure for the people.

Democratic system

 The authority of the government rests upon the sovereignty of the people. The
people enjoy equal political rights.
 Free fair and regular elections are held for electing governments

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.

Union of states

 Article I of the Constitution declares, that “India that is Bharat is a Union of

States.”
Fundamental Rights and duties:

 The Constitution of India grants and guarantees Fundamental Rights to its citizens.
 The constitution of India confirms the basic principle that every individual is
permitted to enjoy certain basic rights and part III of the Constitution deals with
those rights which are known as fundamental right.
 The Six FR include- Right to Equality; Right to Freedom; Right Against
Exploitation; Right to Freedom of Religion; Cultural and Educational Rights and
Right to Constitutional Remedies (Art. 32).
 The fundamental rights are justiciable and are not absolute. Reasonable constraints
can be imposed keeping in view the security-requirements of the state.
 A new part IV (A) after the Directive Principles of State Policy was combined in
the constitution by the 42nd Amendment, 1976 for fundamental duties.

Directive Principles of State Policy:

 A unique aspect of the Constitution is that it comprises of a chapter in the

Directive Principles of State Policy.
 These principles are in the nature of directives to the government to implement
them to maintain social and economic democracy in the country.

Parliamentary System:

 The Constituent Assembly decided to espouse Parliamentary form of government

both for the Centre and the states.
 In Indian parliamentary system, distinction is made between nominal and real
executive head.
 The Council of Ministers is responsible before the Lok Sabha. There are close
relations between executive and legislature.

Federal structure of government:

 A federal state is a state where a country is divided into smaller regions and the
government is functioning at two levels
 The Indian Constitution has envisaged a federal structure for India considering the
geographical vastness and the diversity of languages, region, religions, castes, etc.
 Written Constitution, supremacy of the Constitution, division of powers between
Union and States, bicameral Legislature, independent Judiciary, etc. are the
features of Indian federation.

Universal adult franchise

  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.

Single integrated State with Single Citizenship:

 India is the single Independent and Sovereign integrated state.

 All citizens enjoy a common uniform citizenship.
 They are entitled to equal rights and freedoms, and equal protection of the state.

Integrated Judicial system

 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.

Independent Judiciary

 It is necessary to secure the philosophical foundations of the rule of law and

democracy
 Firstly, the Constitution makers created a separate Judiciary independent of
Legislature and Executive.
 Secondly, the Constitution has ensured complete independence of Judiciary in the
matters of administration and finances.

Amending the Constitution of India:

 Amending the Constitution of India is the procedure of making modifications 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 guarantees the sanctity of the Constitution of India and keeps a
check on uninformed power of the Parliament of India.

Judicial Review:

 The judiciary has significant position in Indian Constitution and it is also made
independent of the legislature and the executive.
 The Supreme Court of India stands at the peak of single integrated judicial system.
 It operates as defender of fundamental rights of Indian citizens and guardian of the
Constitution.

Secularism
  In no other country of the world so many religions co-exist as in India. In view of
such diversity the Constitution guarantees complete freedom of religion to all.
 The citizens of our country are free to follow any religion and they enjoy equal
rights without any distinction of caste, creed, religion or sex.
 The State does not discriminate against anyone on the ground of his religion, nor
can the State compel anybody to pay taxes for the support of any particular
religion.
 Everybody is equally entitled to freedom of conscience and the right freely to
profess, practice and propagate religion.
 The Constitution regards religion as a private affair of individuals and prohibits
the State from interfering with it. The Constitution also grants various cultural
rights to minorities.

Independent bodies

 Constitution has setup various independent bodies and vested them with powers to
ensure the constitutional provisions. Ex: Election Commission, CAG, Finance
Commission
 These institutions have been provided with security of tenure, fixed service
conditions etc to ensure that they are not susceptible to the whims of either the
legislature or the executive.

Emergency provisions

 Indian constitution contains elaborate provisions to deal with those challenges that
pose a threat to the country’s security and unity.

Three-tier government

 Through 73 rd and 74 th amendment act, we have rural and urban local bodies as an
additional constitutional tier of the government structure.

Historical Background of the Constituent Assembly of India

On the basis of the framework provided by the Cabinet Mission*, a Constituent Assembly was
constituted on 9th December, 1946. The Constitution making body was elected by the Provincial
Legislative Assembly constituting of 389 members who included 93 from Princely States and
296 from British India.

The seats to the British Indian provinces and princely states were allotted in proportion of their
respective population and were to be divided among Muslims, Sikhs and rest of the communities.
All sections of the Indian society got representation in the Constituent Assembly in spite of
limited suffrage.
The first meeting of the Constituent Assembly took place on December 9, 1946 at New Delhi
with Dr Sachidanand Sinha being elected as the interim President of the Assembly. However, on
December 11, 1946, Dr. Rajendra Prasad was elected as the President and H.C. Mukherjee as the
Vice-President of the Constituent Assembly.

Note: *Cabinet Mission was a high-powered mission sent in February 1946 to India by the
Atlee Government (British Prime Minister.) The mission had three British cabinet members
– Pethick Lawrence, Stafford Cripps, & and A.V. Alexander. The Cabinet Mission’s aim was to
discuss the transfer of power from British to Indian leadership.

Image: Various Committees of Constituent Assembly

Functions of the Constituent Assembly

1. Framing the Constitution.

2. Enacting laws and involved in the decision making process.

3. It adopted the National flag on July 22, 1947.

4. It accepted and approved India's membership of the British Commonwealth in May 1949.

5. It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

6. It adopted the National anthem on January 24, 1950.

7. It adopted the National song on January 24, 1950.

Government of India Act, 1935

Background

 As the growing demands of populace led by Indian leader for constitutional

reforms in India intensified with progression in the British Rule, the evolving
administrative arrangements put in place by the British paved the way for a more
responsible government in India premised on the fact of maximum representation
of Indians
 India’s support to Britain in the First World War also aided in British
acknowledgement of the need for the inclusion of more Indians in the
administration of their own country.
o This formed the basis of the passing of the Government of India Act, 1935
by the British Parliament
 This legislation was the longest Act passed by the British Parliament after its
domination and overtaking of administrative control in India
 The Act was based on the facts and considerations of several experiences and
outcomes which, inter alia, include
o the Simon Commission Report
o the recommendations of the Round Table Conferences
o the White Paper published by the British government in 1933 (based on the
Third Round Table Conference
o the Report of the Joint Select Committees

Salient Features of the Government of India Act, 1935

A) All India Federation
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 containing 59 items), Provincial List (for provinces
containing 54 items) and the Concurrent List (for both containing 36 items).
Residuary powers were given to the Viceroy. However, the federation never came into being as
the princely states did not join it.
B) Provincial Autonomy
It abolished diarchy 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 which meant that
the governor was required to act with the advice of ministers responsible to the provincial
legislature
However, the Ministers were not absolutely free in matter of running their departments. As the
Governors continued to possess a set of overriding powers although such powers were not
exercised very often.
C) Bicameralism
The Act 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) with certain restrictions on them Also, the Central Legislature was bicameral,
consisting of Federal Assembly and Council of States. The term of the assembly was five years
but it could be dissolved earlier also.
D) Diarchy at the Centre
The Act of 1935 abolished diarchy at the Provincial level and introduced it at the Centre.
Consequently, the federal subjects were divided into reserved subjects and transferred subjects.
Religious affairs, defence, administration of tribal areas and external affairs were included in
the reserved subjects. The Transferred subjects were to be administered on the advice of
ministers and the number of ministers could not exceed ten.
The Governor-General remained over all in charge of both the Reserved and Transferred
subjects. The idea of diarchy was imposed with the purpose of facilitating better administration
and the governor general was appointed to look after and coordinate among the two parts of the
government
E) Communal/Class Representation
The Act further extended the principle of communal representation by providing separate
electorates for depressed classes (scheduled castes), women and labourers (workers).
Further, under the Act the Muslims got 33 percent (1/3 of the seats) in the Federal Legislature
Other features
A) 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.
B) It provided for the establishment of a Reserve Bank of India to control the regulation of
currency and credits of the country.
C) The franchise (voting rights) was extended further from 3% to 14% of the total population.
D) It provided for the establishment of a Federal Court, set up in 1937, which continued to
function till the establishment of the Supreme Court of India after the attainment of
independence (1950).
E) The Act also paved the way for reorganization of certain parts including the Sindh being
carved out of Bombay Presidency, split of Bihar and Orissa and the severance of Burma from
India.
Significance of the Act
1. The Government of India Act of 1935 marked the second milestone towards a completely
responsible government in India after the Act of 1919.
2. 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.
3. The Government of India Act 1935 curtailed the powers concentrated in the hands of the
Central Government and distributed it by ensuring that a decentralized form of government takes
shape in India
4. Separate electorates for women, although they had not asked for it, was quite good for
the advancement of women in the decision making process.
5. This Act was the first attempt to give the provinces an autonomous status by freeing them
from external interference.
6. The Act also holds great importance in the Indian history because it eventually culminated in
the fact of the Dominion Status which urged the need for Independence again in the minds of
the people.

Indian Independence Act of 1947

Introduction:
The Indian Independence Act, 1947, crucial because it enabled the transfer of power from the
Crown to India in an amicable manner, was passed in British Parliament on July 5 that year, and
received royal assent on July 18. A plan was formulated to split the British Indian colonies into
India and Pakistan by Viceroy of India Lord Louis Mountbatten and Prime Minister of Britain
Clement Attlee on June 3, 1947, after consultations with the main stakeholders — Indian
National Congress, the Muslim League and representatives of the Sikh community.
Salient features of Indian Independence Act 1947 are:
1. It declared India as an independent and sovereign state.
2. It provided for partition of India and creation of two new dominions- India and
Pakistan.
3. It abolished the position of secretary of state for India.
4. It abolished the office of viceroy and provided for each dominion, a governor-general,
who was to be appointed by the British King on the advice of the dominion cabinet.
5. It empowered the constituent assemblies of the two dominions to frame and adopt any
constitution for their respective nations and to repeal any act of the British parliament,
including the independence act itself.
6. The constituent assemblies were empowered to legislate for their respective dominions
till the new constitutions were drafted and enforced.
7. It granted the princely states the freedom to join either of the dominions or to remain
independent.
8. Governance of each dominion was to be conducted based on the provisions of the GoI
act, 1935.
9. British monarch could no longer ask for bills or veto them. However, this was reserved
for Governor-General.
10. Governor-General of the dominions were made to act on the aid and advice of the
council.
Evaluation of the features of act:
1. Hastened act: the lack of clarity on the border still has its repercussions today with
constant tussle between India and Pakistan. The same is the case with border on Chinese
side.
2. Jammu and Kashmir question: Jammu and Kashmir has been the bone of contention
even today.
3. Rise in communal feeling: Another unforeseen consequence of Partition was that
Pakistan’s population ended up more religiously homogeneous than originally
anticipated.
4. Suspicion: Indian Muslims are frequently suspected of harboring loyalties towards
Pakistan; non-Muslim minorities in Pakistan are increasingly vulnerable thanks to the so-
called Islamisation of life there since the 1980s.
Enforcement of the Constitution
1. 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.
2. 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.
3. Some provisions of the Constitution pertaining to citizenship, elections, provisional
parliament, temporary and transitional provisions came into force on November 26, 1949 itself.
4. 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. 5. 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.