UNIT- 1

Sources of Indian Constitution:

The Constituent Assembly of India drafted the constitution considering features of constitutions
of the other countries as well as from the Government of India Act 1935. Indian Constitution has
absorbed those features from other nations’ constitutions that suited Indian problems and
aspirations. Constituent Assembly took the best of features from everywhere and made them its
own.

CAG likes PARLE BI-SCUIT

• CAG – Comptroller and Auditor General
• Pa- Parliamentary Government
1 • R – Rule of Law
British Constitution
. • Le – Legislative Procedure
• Bi- Bicameralism
• S – Single Citizenship

Where Is Vice-President and S.P. Funny Singh

• W-Written Constitution
• I – Independence of Judiciary and Judicial Review
• V-Vice-President, Ex-Officio chairman of Rajya
Sabha
2 • P- Impeachment of President
American Constitution
.
• S- Supreme Court
• P – Preamble
• F – Fundamental Rights
• S – Sacking of Judges and Removal
•
CANADA IS VERY FAR
• F – Federation with Strong Centre
3
Canadian Constitution • A – Advisory Jurisdiction of Supreme Court
.
• R – Residuary Powers with Centre

4 Irish Constitution IRELEND

. • E – Election of President
• N – Nominated members of Rajya Sabha
 • D – Directive Principle

• SSC – CGL(F)
• C – Concurrent List
5
Australian Constitution • G – Joint sitting two houses of Parliament
.
• F – Freedom of trade and commerce

6 ● Emergency Provision
Weimar Constitution
.
Russians Like F2 Movie
7 • F- Fundamental Duties
Russian Constitution
. • F – Five Year Plans

• Emergency Provisions
8 Govt. of India Act • Public Service Commission
. 1935 • Judiciary

Indian Assistant Engineer works in South Africa

9 • A – Amendment of Constitution
South African
. • E – Election of Rajya Sabha

• Suspension of Fundamental Rights during

1 Emergency.
German Constitution
0

Fashion Enter Ltd.

• F – Fraternity
1
France Constitution • E – Equality
1
• L - Liberty

1 • Procedure established by law

Japan Constitution
2

SALIENT FEATURES OF INDIAN CONSTITUTION

Lengthiest Written Constitution:
 o The Constitution of India is the lengthiest of all the written Constitutions of the world.
It is a very comprehensive, elaborate, and detailed document. Reasons for
Vastness: Geographical Factors, Historical Factors such as Government of India
Act,1935, Single Constitution for both Centre and State.

Drawn from Various Sources:

• Indian constitution is a blend of various features which are borrowed from different
constitution throughout the world.

• This is what which makes it the most distinct constitution throughout the world.

• Indian Constitution has absorbed those features from other nations’ constitutions that
suited Indian problems and aspirations. Constituent Assembly took the best of features
from everywhere and made them its own.

Blend of Flexibility and Rigidity:

The Constitution of India is neither rigid nor flexible, but a synthesis of both. A rigid constitution
is one in which changing or amending provisions is tough. A flexible constitution is one in which
amending provisions is not difficult.

Federal in Nature:

o The Constitution of India establishes a federal system of Government.

o It contains all the usual features of a federation, viz., two Governments (Central
Government and State Government), division of powers, written Constitution, the
supremacy of Constitution, rigidity of Constitution, independent judiciary and
bicameralism.

Parliamentary:

The Constitution of India has opted for the British Parliamentary System of Government
rather than the American Presidential system of government. Thus, India has a Bicameral
Legislature with two houses named Lok Sabha and Rajya Sabha. In a parliamentary system,
the role of the Prime Minister has become so significant, and therefore it is called a ‘Prime
Ministerial Government’

Synthesis of Parliamentary Sovereignty and Judicial Supremacy

It established a balance between parliamentary sovereignty and judicial review, by

recognizing that Parliament has vast powers to amend the Constitution for public welfare, but
not at the cost of its basic structure
 Integrated and Independent Judiciary: The Constitution of India provides for an
integrated and independent judicial system. The Supreme Court is the highest court of India
with authority over all the other courts in India followed by high courts, district courts, and
lower courts. To protect the Judiciary from any influence, the Constitution has laid down
certain provisions such as Security of Tenure and Fixed Service Conditions for judges etc.

Fundamental Rights

Part III of the Indian Constitution guarantees six fundamental rights to all Citizens. The
Constitution contains the basic principle that every individual is entitled to enjoy certain
rights as a human being and the enjoyment of such rights does not depend upon the will of
any majority or minority. No majority has the right to abrogate such rights.

Directive Principles of State Policy: Part IV (Articles 36 to 50) of the Constitution mentions
the Directive Principles of State Policy. These are non-justifiable in nature and are broadly
classified into Socialistic, Gandhian, and Liberal-intellectual.

Fundamental Duties: These were added to the Constitution by the 42nd Constitutional
Amendment Act (1976). A new Part IV-A was created for the purpose and 10 duties were
incorporated under Article 51-A. The provision reminds the citizens that while enjoying
rights, they should also perform their duties.

Secularism:

The Constitution of India stands for a secular state. Hence, it does not uphold any particular
religion as the official religion of the Indian State. No discrimination will be shown by the State
against any person on account of his religion or faith.

Single Citizenship:

Constitution of India provides for single citizenship to every individual in the country. No state
in India can discriminate against an individual of another state. Moreover, in India, an individual
has the right to move to any part of the country or live anywhere in the territory of India except
certain places.

Universal Adult Franchise:

In India, every citizen who is above the age of 18 years has the right to vote without any
discrimination on the ground of caste, race, religion, sex, literacy etc. The universal adult
franchise removes social inequalities and maintains the principle of political equality to all the
citizens.

Independent Bodies:
The Indian Constitution not only provides for the legislative, executive and judicial organs of the
government (Central and state) but also establishes certain independent bodies Election
Commission of India, Union Public Service Commission, Constitutional Bodies, Comptroller
and Auditor General of India.

Emergency:

● The Constitution makers also foresaw that there could be situations when the government
could not be run as in ordinary [Link] cope with such situations, the Constitution
elaborates on emergency provisions.

● There are three types of emergency

● Emergency caused by war, external aggression or armed rebellion [Aricle 352]

● Emergency arising out of the failure of constitutional machinery in states [Article

356 & 365]

● Financial emergency [Article 360]

During an emergency, the central government becomes all-powerful and the states go
into total control of the centre

Three-tier Government

Originally, the Indian Constitution provided for a dual government (Central and State
Government) and contained provisions with regard to the organization and powers of the Centre
and the States.

But later on Local Government came in to existence. Through 73 rd Constitutional Amendment

Act Village level Gram Panchayats were introduced and through 74 th Constitutional Amendment
Act Urban level Governments were introduced.

Co-operative Societies

● The 97th Constitutional Amendment Act of 2011 gave constitutional status and
protection of cooperative societies. The new Part IX-B contains various provisions to
ensure that the cooperative societies in the country function in a democratic, professional,
autonomous and economically sound manner.
 PREAMBLE
A preamble is an introductory statement in a book or a document that explains the book’s or a
document’s philosophy and objectives.

The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s
Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.

Preamble declares India to be a sovereign, socialist, secular and democratic republic. The
objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and
promote fraternity to maintain unity and integrity of the nation.

Keywords in Preamble

The word ‘Sovereign’ emphasizes that there is no authority outside India on which the country is
in any way dependent

The word ‘Socialist” says that ‘It was meant to highlight the Indian state's aspirations to reduce
socio-economic inequalities’.

Secular: The term means that all the religions in India get equal respect, protection and support
from the state.

The term ‘Democratic’ means that the rulers elected by the people only, have the authority to
run the government. India follows a system of ‘Representative Democracy’, where the MPs and
MLAs are elected directly by the people.

The word ‘Republic’ means, the head of the state is an elected representative (directly or
indirectly) and not the hereditary monarch.

Justice: It is necessary to maintain order in society that is promised through various provisions
of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of
India. It comprises three elements, which is social, economic, and political.

Equality: The term ‘Equality’ means no section of society has any special privileges and all the
people have given equal opportunities for everything without any discriminations. Everyone is
equal before the law.

Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have
political views and behavior in society. Liberty does not mean freedom to do anything, a person
can do anything but in the limit set by the law.

Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment
with the country and all the people. Fraternity helps to promote dignity and unity in the nation.
 UNION AND ITS TERRITORY (Article 1 to Article 4)
Articles 1 to 4 contained in Part I of the Constitution of India, 1950 (COI) deals with the
Union and its territory and provides a mechanism for making changes in the constitution

Article 1:

Article 1(1) states that India, that is Bharat, shall be a Union of States.

Article 1(2) states that the States and the territories will be specified in the First Schedule.

Article 1(3) states that the territory of India will comprise the following −

i. The territories of the States;

ii. The Union territories mentioned in the First Schedule; and

iii. Such other territories as may be acquired.

Article-1 describes India as a ‘Union of States’. Dr. B.R. Ambedkar said that the Indian
federation was a “Union” because it was indissoluble, and no State had a right to separate from
the Indian Union. The country is one integral unit beside the fact that it consists of different
states for the convenience of administration.

The phrases ‘Union of India’ and ‘Territory of India’ has to be differentiated. The Union of India
includes only the States enjoying the Status of being members of the federal system and sharing
the powers with the Union.

The territory of India includes not only the States but also the Union Territories and such other
territories as may be acquired by India in future. First Schedule of the Constitution has specified
states and the Territories both.

Article 2:

It deals with admission or establishment of new States. Parliament may by law admit into the
Union, or establish, new States based on terms and conditions.

Article3:
It states that the Parliament may by law form a new State by separation of a territory from any
State or by uniting two or more States completely or in parts or by uniting any territory to a part
of any State. It deals with the following:

● Formation of new States

● Alteration of areas of States

● Boundaries or names of existing States

Thus Parliament can increase or diminish the area of any State or can alter the boundaries or
names of any State. Parliament follows the following procedures in this regard.

Article-4:

It says that any law referred to in Article-2 or Article-3 will contain such provisions for the
amendment of the First Schedule and the Fifth Schedule necessary to provide effects to the
provisions of law and may also contain such supplemental, incidental, and consequential
provisions, as the Parliament may deem necessary.

This Article allows for consequential changes in the Ist Schedule i.e. names of the States in the
Union of India and IVth Schedule i.e. a number of seats allotted in the Rajya Sabha for each
state. Constitution will not treat any such law altering existing States or creating a new State, as
the amendment.

CITIZENSHIP
Article 5: Citizenship at the commencement of the Constitution

This article talks about citizenship for people at the commencement of the Constitution, i.e. 26th
January 1950. Under this, citizenship is conferred upon those persons who have their domicile
in Indian territory and –

1. Who was born in Indian territory; or

2. Whose either parent was born in Indian territory; or

3. Who has ordinarily been a resident of India for not less than 5 years immediately
preceding the commencement of the Constitution.

Article 6: Citizenship of certain persons who have migrated from Pakistan

Any person who has migrated from Pakistan shall be a citizen of India at the time of the
commencement of the Constitution if –
 1. He or either of his parents or any of his grandparents was born in India as given in
the Government of India Act of 1935; and

2. (a) in case such a person has migrated before July 19th, 1948 and has been
ordinarily resident in India since his migration, or

(b) in case such as a person has migrated after July 19th, 1948 and he has been registered as a
citizen of India by an officer appointed in that behalf by the government of the Dominion of
India on an application made by him thereof to such an officer before the commencement of the
Constitution, provided that no person shall be so registered unless he has been resident in India
for at least 6 months immediately preceding the date of his application.

Article 7: Citizenship of certain migrants to Pakistan

This article deals with the rights of people who had migrated to Pakistan after March 1, 1947, but
subsequently returned to India.

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947,
migrated from the territory of India to the territory now included in Pakistan shall not be deemed
to be a citizen of India

Also, if a person has applied for resettlement after already migrating to Pakistan from India, then
citizenship approval will be done under an officer hired by the government of India.

It will be treated as clause (b) of Article 6, which grants citizenship rights considering the
migration was done after July 19 1948. The migration of such individuals might be under issued
return or resettlement permits, although the document must officially sign off the signatory’s
authority.

Article 8: Citizenship of certain persons of Indian origin residing outside India

This article deals with the rights of people of Indian origin residing outside India for purposes of
employment, marriage, and education. The eighth article reads that any person who or either of
whose parents or grandparents were born in India as stated in the Government of India Act 1955
and who is residing ordinarily in any country outside India shall be considered to be a citizen of
India.
If he has registered as a Citizen of India by an Indian diplomatic or consular representative in
that country on an application made by him or her in the prescribed document form to such
diplomatic or consular representative, whether before or after the commencement of the
Constitution.

Article 9

People voluntarily acquiring citizenship of a foreign country will not be citizens of India.

Article 10
Any person who is considered a citizen of India under any of the provisions of this Part shall
continue to be citizens and will also be subject to any law made by the Parliament.

Article 11: Parliament to regulate the right of citizenship by law

The Parliament has the right to make any provision concerning the acquisition and termination of
citizenship and any other matter relating to citizenship.

Given the already declared provisions in this part, there is nothing else that can take away the
power of Parliament to make any provision with respect to the acquisition and termination of
citizenship and any other matter regarding the same.

FUNDAMENTAL RIGHTS
The rights, which are enshrined in the Constitution, are called ‘Fundamental Rights’. These
rights ensure the fullest physical, mental and moral development of every citizen. They include
those basic freedoms and conditions which alone can make life worth living. Fundamental Rights
generate a feeling of security amongst the minorities in the country. They establish the
framework of ‘democratic legitimacy’ for the rule of the majority. No democracy can function in
the absence of basic rights such as freedom of speech and expression.

Seven Fundamental Rights were enshrined in the Constitution of India. However the Right to
Property was removed from the list of Fundamental Rights by the 44th Amendment Act of the
Constitution in the year 1976. Since then, it has been made a legal right. There are now six
Fundamental Rights.

The Fundamental Rights are: -

1. Right to Equality (Article 14 to Article 18)

2. Right to Freedom (Article 19 to Article 22)

3. Right against Exploitation (Article 23 to Article 24)

4. Right to Freedom of Religion (Article 25 to Article 28)

5. Cultural and Educational Rights, (Article 29 to Article 30)

6. Right to Constitutional Remedies. (Article 32)

Article 12: Defines state (As used in FRs) which includes:

• In the wider sense state has been defined as all agencies involved in making and
implementing the law.
"The State" includes the Government and Parliament of India and the Government and the
Legislature of each of the States and all local or other authorities within the territory of India or
under the control of the Government of India.

Article 13: Laws inconsistence with FRs (Fundamental Rights)

● Provides shield to FRs by declaring that all laws, which are inconsistent with or in
derogation of any of the Fundamental Rights, shall be void to the extent of their inconsistency.
● Thus, Article 13 imposes an obligation on the State to respect and implement the
Fundamental Rights and provides the Judiciary the Judicial Review power.

RIGHT TO EQUALITY (ARTICLE 14 TO ARTICLE 18)

ARTICLE 14 : EQUALITY BEFORE LAW

According to the Constitution, “The State shall not deny to any person equality before law or
equal protection of laws within the territory of India”. ‘Equality before law’ means that no
person is above law and all are equal before law, every individual has equal access to the courts.
‘Equal protection of laws’ means that if two persons belonging to two different communities
commit the same crime, both of them will get the same punishment

ARTICLE 15 No Discrimination on Grounds of Religion, Race, Caste, Sex, Place of Birth

or any of them

No citizen shall be denied access to shops, restaurants and places of public entertainment.
Neither shall any one be denied the use of wells, tanks, bathing ghats, roads etc. maintained
wholly or partly out of State funds. However, the State is empowered to make special provisions
for women, children and for the uplift of Scheduled Castes, Scheduled Tribes and other
backward classes (OBC’s). The State can reserve seats for these categories in educational
institutions, grant fee concessions or arrange special coaching classes

ARTICLE 16 Equality of Opportunity In Matters Of Public Employment

Our Constitution guarantees equality of opportunity in matters relating to employment or

appointment to public services to all citizens. There shall be no discrimination on the basis of
religion, race, caste, sex, place of birth or residence in matters relating to employment in public
services. Merit will be the basis of employment. However, certain limitations have been provided
to the enjoyment of these rights.

ARTICLE 17 Abolition of Untouchability

The Constitution abolishes untouchability and its practice in any form is forbidden. Actions that
are considered as offences when committed on the grounds of untouchability are refusing
admission to any person to the public institutions; preventing any person from worshipping in
place of public worship; insulting a member of Scheduled Caste on the grounds of
untouchability; preaching untouchability directly or indirectly.

ARTICLE 18: Abolition of Titles

All titles national or foreign which create artificial distinctions in social status amongst the
people have been abolished. This provision has been included in the Constitution to do away
with the titles like ‘Rai Sahib’, ‘Rai Bahadur’ have been conferred by the British on a few
Indians as a reward for their effective co-operation to the colonial regime. The practice of
conferring titles like this is against the doctrine of equality before law. To recognise the
meritorious service rendered by individual citizens to the country or mankind, the President of
India can confer civil and military awards on those individuals for their services and
achievements such as; Bharat Ratna, Padma Vibhushan, Padam Sri, Param Veer Chakra, Veer
Chakra etc., but these cannot be used on ‘titles’.

RIGHT TO FREEDOM
Article 19:
Article 19 guarantees to all citizens the six rights and they are as follows:
(i) Freedom of speech and expression. (ii) Freedom to assemble peacefully without arms. (iii)
Freedom to form associations or unions. (iv) Freedom to move freely throughout the territory of
India. (v) Freedom to reside and settle in any part of the territory of India. (vi) Freedom to
practise any profession or to carry on any occupation, trade or business.

Article 20: Protection in Respect of Conviction for An Offence

This Constitutional provision assures protection against arbitrary arrest and excessive
punishment to any person who is alleged to have committed an offence. No person shall be
punished except for the violation of law which is in force when the crime was committed. An
accused cannot be compelled to be a witness against himself/herself. No person shall be
punished for the same offence more than once.

Article 21 Protection of Life and Personal Liberty

The Constitution lays down that no person shall be deprived of his/her life or personal liberty
except according to the procedure established by law. It guarantees that life or personal liberty
shall not be taken away without the sanction of law. It ensures that no person can be punished or
imprisoned merely at the whims of some authority. He/she may be punished only for the
violation of the law.

Article 22 Prevention against Arbitrary Arrest and Detention

Our Constitution guarantees certain rights to the arrested person. As per the provision, no person
can be arrested and/or be detained in custody without being informed of the grounds for
detention. He /she has the right to consult and be defended by a lawyer of his/her choice. The
accused has to be produced before the nearest magistrate within a period of twenty-four hours of
arrest. These safeguards however are not available to foreigners as well as to those citizens
detained under Preventive Detention Act.

RIGHT AGAINST EXPLOITATION

Article 23 Prohibition of Traffic in human beings and forced labour.

It prohibits traffic in human beings, begar (forced labour) and other similar forms of forced
labour.
Parliament has enacted the Immoral Traffic (Prevention) Act, 1956 and the Bonded Labour
System (Abolition) Act 1976 to punish for such traffic.
Exception
It permits the State to impose compulsory service for public purposes, as for example, military
service or social service, for which it is not bound to pay.
However, in imposing such service, the State is not permitted to make any discrimination on
grounds only of religion, race, caste or class.

Article 24: Prohibition of employment of children in Factories, etc.

It prohibits the employment of children below the age of 14 years in any factory, mine or other
hazardous activities like construction work or railway.
But it does not prohibit their employment in any harmless or innocent work.

RIGHT TO FREEDOM OF RELIGION

Article 25: Freedom of conscience and free profession, practice and propagation of
religion.
It says that all persons are equally entitled to freedom of conscience and the right to freely
profess, practice and propagate religion.
The implications of these are:
> Freedom of conscience
> Right to profess
> Right to practice
> Right to propagate
Article 26: Freedom to manage religious affairs
▪ Thisarticleallowseveryreligiousdenominationorasectionofittoestablishandmaintaininstitut
ions for religious and charitable purposes and manage their religious affairs.
▪ They can also acquire and own movable and immovable properties and administer such
properties in accordance with law.

Article 27: Freedom from payment of taxes for promotion of any particular religion
▪ It prohibits the state to impose a tax proceeds of which are meant for payment of
promotion or maintenance of any particular religion.
▪ It means that the state cannot raise a religious tax and also that the state cannot spend its
secular taxes for any particular religion as it would go against its secular character.
Article 28: Freedom from attendance religious instructions or worship in educational
institutions
▪ Educational institutions wholly maintained by state funds are prohibited from imparting
religious instructions.
▪ However, an institution established by a trust but administered by the state can impart
religious instructions. But in these institutions no person can be compelled to attend these
instructions.

CULTURAL AND EDUCATIONAL RIGHTS

Article 29 Protection of Interest of Minorities

(1) Any section of the citizens residing in the territory of India or any part thereof having a
distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any education institution maintained by the State or
receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Article 30 Right of minorities to establish and administered educational institution

All minorities, whether based on religion or language, shall have the right to establish and
administer educational institutions of their choice. The State shall not, in granting aid to
educational institutions, discriminate against any educational institution on the ground that it is
under the management of a minority, whether based on religion or language.

RIGHT TO CONSTITUTIONAL REMEDIES

Part III of our Constitution provides for legal remedies for the protection of these rights against
their violation by the State or other institutions/individuals. It entitles the citizens of India to
move the Supreme Court or High Courts for the enforcement of these rights. The State is
forbidden from making any law that may be in conflict with the Fundamentals Rights.

The Constitution empowers the Supreme Court and High Courts to issue orders or writs as
mentioned below
HABEAS CORPUS; (Latin term) It is an order by the court to the state to produce the person
physically before it justify the confinement or release of the person.

MANDAMUS: (Latin term) It is a command or an order from a superior court to a subordinate

court or tribunal or public authority to perform its duty in case it is not doing it.

PROHIBITION: It is an order issued by the Superior Court to forbid a subordinate court or

tribunal from proceeding with a case which is beyond its jurisdiction.

QUO WARRANTO: This writ is issued to restrain a person from acting in a public office to
which he /she is not entitled.

CERTIORARI : The term certiorari means “to be informed of what is going”. It is an order to a
lower court from a superior court to transfer the matter to it or to any other court for deciding the
matter.
Article 33
The Parliament can restrict or abrogate, by law, FR’s in the application to:
The members of Armed forces, Paramilitary Forces, police forces, intelligence agencies.
The forces charged with the maintenance of public order.
A parliamentary law enacted under Article 33 can also exclude the Court Martials (tribunals
established 3. under the Military law) from the writ jurisdiction of the SC and HC, so far as the
enforcement of the Fundamental Rights are concerned.

Article 34
▪ While Martial Law is in force in any area, the FRs can be restricted.
▪ The Supreme Court held that the declaration of martial law does not a factor result in the
suspension of the writ of habeas corpus.

Article 35
Article 35 lays down that the power to make laws, to give effect to certain specified fundamental
rights shall vest only in the Parliament and not in the state legislatures

DIRECTIVE PRINCIPLES OF STATE POLICY

Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State
Policy (DPSP). These principles aim at ensuring socioeconomic justice to the people and
establishing India as a Welfare State.

After colonial rule for almost two hundred years, country and the society was left with
widespread poverty, hunger and with deep rooted socio-economic inequalities. The framers of
the Constitution felt that certain policy directions, guidelines or instructions for the governance
of the country were required to handle these problems.

Directive Principles are certain ideals, particularly aiming at socio-economic justice, which
according to the framers of the Constitution, Indian State should strive for
CLASSIFICATION OF THE DIRECTIVE PRINCIPLES OF STATE POLICY

The Directive Principles are classified on the basis of their ideological source and objectives. For
the sake of making their study convenient, we can broadly place them in THREE categories,
These are;

1. Socialistic Principles
2. Gandhian Principles
3. Liberal Principles

SOCIALISTIC PRINCIPLES GANDHIAN PRINCIPLES LIBERAL PRINCIPLES

Article 38, Article 39, Article 40, Article 43, Article 44, Article 45,
Article 39(A), Article 41, Article 43(B), Article 46, Article 48, Article
Article 42 Article 47, Article 48 48(A), Article 49,
Article 50, Article 51

Article 36: Defines state which includes:

• In the wider sense state has been defined as all agencies involved in making and
implementing the law.

"The State" includes the Government and Parliament of India and the Government and the
Legislature of each of the States and all local or other authorities within the territory of India or
under the control of the Government of India.

Article 37: This declares the importance of DPSPs.

It states that though DPSPs are not justifiable yet they shall be considered fundamental in the
governance of the country and it shall be the duty of the state to include these directives in their
policies.

Socialistic Principles:
Article 38

The State shall strive to promote the welfare of the people by securing and protecting a social
order in which justice, social, economic and political, shall inform all institutions of national life

Article 39
Article 39 says that State shall in particular, direct its policies towards securing: (a) right to an
adequate means of livelihood to all the citizens; (b) the ownership and control of material
resources shall be organized in a manner to serve the common good; (c) the operation of the
economic system does not result in the concentration of the wealth to the common detriment. In
other words state shall avoid concentration of wealth in few hands; (d) equal pay for equal work
for both men and women; (e) the protection of the strength and health of the workers; and (f) that
the childhood and youth are not exploited;

Article 39A
Added to the Constitution by 42nd Amendment 1976, this article requires the state to provide for
equal justice and free legal aid.

Article 41

Under this Article, the State is directed to provide Right to Work, to education, and to public
assistance subject to its economic capacity.

Article 42

The State shall make provisions for securing just and humane conditions of work and for
maternity relief

Gandhian Principles
Article 40

State shall take steps to organize village panchayats as units of Self Government Accordingly,
the Parliament has passed the 73rd Amendment of 1992 which has introduced panchayats in Part
IX in the Constitution

Article 43

The State shall endeavour to promote cottage industries on an individual or cooperative basis in
rural areas

Article 43(B)

Promotion of co-operative societies. —The State shall endeavour to promote voluntary

formation, autonomous functioning, democratic control and professional management of co-
operative societies.

Article 46
Article-46 lays down that the State shall promote educational and economic interests of the
weaker sections of the people particularly that of the Scheduled Castes (SCs) and Scheduled
Tribes (STs) and other weaker sections.

Article 47

States that State shall take steps to improve public health and prohibit consumption of
intoxicating drinks and drugs that are injurious to health.

Article 48

Article-48 says that, State shall take steps to prohibit slaughter of cows, calves and other milch
and draught cattle.

LIBERAL PRINCIPLES
Article 44

The State shall endeavor to secure for the citizen a uniform civil code through the territory of
India.

Article 45

Provides for free and compulsory education to all children till the age of 14 years. This original
provision was amended by 86th Constitutional Amendment Act 2002, it now declares that, “the
State shall endeavor to provide early childhood care and education for all children until they
complete the age of 14 years.

Article 48, Article 48(A)

Article-48 says that, State shall take steps to prohibit slaughter of cows, calves and other milch
and draught cattle.

Article-48A: Directs the State to protect and improve the environment and to safeguard the
forests and wildlife of the country.

Article 49

State should protect every monument or place of artistic or historic interest

Article 50

The State shall take steps to separate judiciary from the executive in the public services of the
State.
Article 51

To promote international peace and security and maintain just and honorable relations between
nations;to foster respect for international law and treaty obligations ,and to encourage settlement
of international disputes by arbitration.

FUNDAMENTAL DUTIES
The fundamental duties of citizens were added to the constitution by the 42nd Amendment in
1976 under Article 51A part 4A, upon the recommendations of the Swaran Singh Committee.
Initially while drafting the Constitution of India fundamental duties were not part of Constitution
of India. The fundamental duties were inspired by constitution of USSR (now Russia).

Originally ten in number, the fundamental duties were increased to eleven by the 86th
Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or
ward was provided opportunities for education between the ages of six and fourteen years

Fundamental Duties are not enforceable Although, these duties are not enforceable by a Court,
they provide a valuable guide and aid in the interpretation of the Constitution.
The Fundamental Duties can be imposed through some suitable legislation.
Fundamental Duties
Shortcut to Remember : Alphabets A to K
51A (a) to abide the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem (ABIDE)
51A (b) to cherish and follow the noble ideals which inspired our national struggle for freedom
(BAPUJI)
51A (c) to uphold and protect the sovereignty, unity and integrity of India (CONSOLIDATION)
51A (d) to defend the country and render national services when called upon to do so
(DEFEND)
51A (e) to promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women (EQUALITY)
51A (f) to value and preserve the rich heritage of our composite culture (FORTS)
51A (g) to value protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures (GREEN)
51A (h) to develop the scientific temper, humanism and spirit of inquiry and reform
(HUMANISM)
51A (i) to safeguard public property and to abjure violence (I-EYE SAFEGUARD)
51A (j) to strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavor and achievement(J-JACK OF ALL
TRADES)
51A (k) Duty of the parent or guardian to provide opportunities for education to his child, as the
case may be, ward between the age of six and fourteen years (added by 86th Amendment Act,
2002) (KIDS)

HISTORICAL BACKGROUND OF INDIAN CONSTITUTION

In order to know about Indian political structure, it becomes very important to know about the
Indian Constitution. There are various rules and Acts which were passed before independence
which play a vital role in shaping our Constitution. Some of the important historical events are
listed down below

REGULATING ACT OF 1773

● First time, the political and administrative functions of the company

● Laid the foundations of central administration in India
● Governor of Bengal- as Governor General of Bengal (Warren Hastings)
● Executive Council of 4 members
● Presidencies of Madras and Bombay- Sub ordinate to Bengal Presidency
● Establishment of Supreme Court at Culcutta
● Prohibited Company Officials from engaging in Private Trade or accepting Presents or
Bribes from Natives

AMENDING ACT, 1781

● The Act of Settlement was an Amending Act of 1781, which was passed by British
Parliament on 5th July 1781 to remove the defects of the Regulating Act 1773
● There was a big tussle between the Supreme Court and Governor-General in Council
which disturbed the balance of administration to a great extent.
● To remove ambiguity regarding the few provisions of the Regulating Act and the
Charter which had created the division between the court and the government.
● To maintain and protect the laws and customs of the native people.

PITTS ACT 1784

● Separation of Commercial and Political functions

● The Court of Directors managed the commercial affairs
● New Body- Board of Control to manage Political affairs
● Company territories in India- called British Possession in India

CHARTER ACT, 1813

● It ended the monopoly of the East India Company in India except company’s monopoly
in “trade with china” and “trade in tea with India”
● Thus, trade with India for all commodities except tea was thrown open to all British
subjects. This lasted till 1833 when the next charter abolished the trade of the company.
● Charter Act 1813 for the first time explicitly defined the constitutional position of the
British territories in India.

CHARTER ACT, 1833

 ● Governor General of Bengal became Governor General of India
● Lord William Bentinck became the First Governor General of India
● The Act centralized British rule in India
● Created Government of India, with authority over all of British India
● East India company lost monopoly of tea trade and china trade
● The India Civil Services was found

CHARTER ACT, 1853

● Separated Legislative and Executive functions of Governor Generals Council

● Civil Services was thrown open to Indians also
● Patronage of the directors of the company ends
● It introduced local representation of the Indian legislative Council
● It abolished East India Company

GOVERNMENT OF INDIA ACT, 1858

● This Act is known as the Act of Good Government of India

● Designation of Governor General of India was changed to that of Viceroy of India
● Lord Canning became the First Viceroy of India
● It created a new office of Secretary of State for India
● It abolished Board of Control and Court of Directors
● The Secretary of State was responsible ultimately to the British Parliament

INDIAN COUNCILS ACT, 1861

● Viceroy should appoint some Indians as non-official members of his expanded council
● It initiated the process of decentralization by restoring the legislative powers to Bombay
and Madras Presidencies
● It provided for establishment of new legislative councils for Bengal, North West Frontier
Province and Punjab
● It recognized the Portfolio System introduced by Lord Canning in 1859

INDIAN COUNCILS ACT, 1892

● It added the number of non official members in the central and legislative provincial
councils
● The act made a limited and indirect provision for the use of elections

● Beginning of representative system in India.

● Council to have the power to discuss budget and of addressing questions to the Executive
INDIAN COUNCILS ACT, 1909 (MORLEY-MINTO REFORMS)

● Introduced for the first time, an element of elections to the Legislative Councils;
● At the Provincial Legislative Councils, non-official members to be in majority;
● Introduction of separate electorates (for Muslims).
● It provided for the first time, association of Indians with the Executive Councils of the
Viceroy and Governors. (Satyendra Prasad Sinha became the first Indian to join the
Viceroy’s Executive Council. He was appointed as the law member).

GOVERNMENT OF INDIA ACT, 1919 (MONTAGUE –CHELMSFORD REFORMS)

● The idea of “Responsible Government” stressed

● Office of the High Commissioner of India was created in London
● Indian Legislature became “bicameral” for the first time
● Communal representation extended to Sikhs
● Secretary of State for India now to be paid from British revenue
● Diarchy in provinces by dividing subjects of administration between o fficial members
and elected members.
● Created Centre State Relations.
GOVERNMENT OF INDIA ACT, 1935
● Provided for the establishment of an All-India Federation consisting of provinces and
princely states as units. (Note: Princely States did not join and so Federation didn’t come
into existence)
● Residuary powers were given to the Viceroy.
● Abolished diarchy in the provinces and introduced ‘provincial autonomy’ in its place.
● Introduced responsible government inprovinces.
● Introduced Bicameralism in six out of eleven provinces.
● Extendedtheprincipleofcommunalrepresentationbyprovidingseparateelectoratesfordepress
ed classes (scheduled castes), women and labor (workers). (1909 – Only for Muslims,
1919 – extended for Sikhs, Indian Christians, Anglo-Indians andEuropeans.)
● 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.
● Established the Reserve Bank of India to control the currency and credit of the country.
● Established the Federal Public Service Commission, Provincial Public Service
Commission and Joint Public Service Commission for two or more provinces.
● Provided for the establishment of a Federal Court, which was set up in1937.

INDIAN INDEPENDENCE ACT, 1947

● Declared India as an independent and sovereign state from August 15, 1947.
● Provided for creation of two independent dominions of India and Pakistan with the right
to secede from the British Commonwealth. (Governor General of each were to be
appointed by King, the on advice of the Dominion Cabinet)
● Empowered the Constituent Assemblies of the two dominions to frame and adopt any
constitution and to repeal any act of the British Parliament, including the Independence
 act itself.
● Abolished the office of the secretary of state for India and transferred his functions to the
secretary of state for Commonwealth Affairs.
● It assigned dual functions (i.e. constituent and legislative) to the Constituent Assembly
formed in 1946.
● It declared this dominion legislature as a sovereign body. Granted freedom to the Indian
princely states either to join the Dominion of India or Dominion of Pakistan or to remain
independent.