Unit 1: Indian Constitution - Making and Basic Premise

• 1.1 Meaning and Significance of Constitution

o A constitution is like a rulebook for a country, the highest law that everyone,
including the government, must follow.

o It prevents chaos (e.g., without traffic rules, roads would be unsafe) and ensures
society runs smoothly with laws made by bodies like Lok Sabha or Rajya Sabha.

o It sets rules for how government levels (e.g., central vs. state) work together and
how they interact with citizens (e.g., ensuring voting rights).

o Example: The constitution stops the government from unfairly taxing people
without a proper process.

• 1.2 Constituent Assembly - Composition, Objectives (IMP)

o Formed in July 1946 based on the Cabinet Mission’s suggestion, it had 389
members initially, reduced to 299 after independence due to partition.

o Included diverse people: lawyers, experts, and 15 women like Sarojini Naidu (a
freedom fighter) and Rajkumari Amrit Kaur (health minister).

o First meeting on Dec 9, 1946, with Dr. Sachchidananda Sinha as temporary

president, followed by Dr. Rajendra Prasad as elected president on Dec 11, 1946.

o Objective: To draft a constitution for free India, taking 2 years, 11 months, 17

days (165 working days over 111 sessions).

o Example: The assembly debated for days to include the right to education,
showing their focus on citizens’ needs.

• 1.3 Preamble and Salient Features

o Preamble: A short introduction adopted on Nov 26, 1949, effective Jan 26, 1950
(Republic Day). It declares India as a Sovereign, Socialist, Secular, Democratic
Republic.

o Key Ideals:

▪ Justice (fair treatment in society, economy, politics).

▪ Liberty (freedom to think, speak, believe).

▪ Equality (same opportunities for all).

 ▪ Fraternity (brotherhood and national unity).

o Features:

▪ Longest written constitution (395 articles, 22 parts, 12 schedules).

▪ Partly rigid (hard to change, e.g., basic structure) and flexible (amendable,
e.g., 42nd Amendment in 1976).

▪ Parliamentary system (like UK, with PM leading), federal structure (power

shared between center and states).

▪ Includes fundamental rights (e.g., right to equality), duties (e.g.,

respecting the flag), and directive principles (e.g., free education goals).

o Example: The Preamble’s “Socialist” goal is seen in government schemes like free
food for the poor.

• 1.4 Fundamental Rights, Fundamental Duties, Directive Principles (IMP)

o Rights: Legal protections like equality (no caste discrimination), liberty (free
speech), and life (e.g., against unfair arrest). Added in the original 1950
constitution.

o Duties: Added in 1976, encourage citizens to love the country, protect the
environment, and follow the law (e.g., voting responsibly).

o Principles: Goals for the state to improve lives, like providing jobs or healthcare,
though not enforceable (e.g., right to work is a directive, not a right).

o Example: A person can use their fundamental right to approach the Supreme
Court if denied a job due to caste.

History of Indian Constitution

• Early Influences: Emperor Ashoka (324–185 BC) promoted peace and justice, influencing
constitutional ideas (e.g., his edicts on fair governance).

• British Era:

o East India Company (1600–1858) ruled India, ended by the 1857 Revolt.

o British Raj (1858–1947) shaped the constitution:

▪ 1858 Act: British government took direct control, with a Secretary of

State in London and Governor-General in India (e.g., Lord Canning).
 ▪ 1909 Morley-Minto Reforms: Enlarged councils, allowed elections, gave
Muslims separate seats (e.g., early voting rights).

▪ 1919 Act: Created dual government (central and provinces) and a two-
house legislature (e.g., like today’s Lok Sabha and Rajya Sabha).

▪ 1935 Act: Introduced provincial autonomy, divided powers into federal,

provincial, and concurrent lists (e.g., education is concurrent).

• World War II and Independence:

o 1942 Cripps Mission: Sir Stafford Cripps offered independence if India helped in
WWII, but INC wanted full freedom, and Muslim League demanded Pakistan.

o 1942 Quit India Movement: Led by Gandhi to end British rule, resulted in leader
arrests (e.g., Nehru jailed), sparking nationwide protests.

o 1946 Cabinet Mission: Proposed a united India with a constituent assembly,

rejected due to riots over partition.

o 1947 Indian Independence Act: Split India and Pakistan on Aug 15, 1947, with
mass migration (e.g., Punjab refugees).

o 1950: Constitution enacted Nov 26, 1949, effective Jan 26, 1950, making India a
republic.

Framing of the Constitution

• Constituent Assembly: Elected in July 1946, met 111 times over 114 days, with 308
members signing the final document on Jan 24, 1950.

• Key Figures: Dr. Rajendra Prasad (President), Dr. B.R. Ambedkar (Drafting Chair), and
committees like Vallabhbhai Patel’s on Fundamental Rights.

• Mangaloreans: Contributors included Benegal Shiva Rao (UN delegate), Benegal Narsing
Rau (ICJ judge), Fr. Jerome D’Souza (UN representative), and Ullal Srinivas Mallya
(developed Mangalore infrastructure like the port).

• Process: Divided into 15 committees (e.g., Drafting by Ambedkar), faced delays due to
communal violence and Muslim League boycott.

• Outcome: 395 articles, 22 parts, 12 schedules, in English and Hindi, took 165 days of
actual work.

• Example: Ambedkar’s drafting ensured rights for all, reflecting India’s diversity.
Borrowed Features (IMP)

• UK: Parliamentary system, PM (e.g., Nehru as first PM), bicameral legislature.

• USA: Written constitution, fundamental rights (e.g., free speech), judicial review (e.g.,
Supreme Court checks laws).

• Canada: Federal system, residuary powers (e.g., center handles unlisted issues).

• USSR: Fundamental duties (e.g., national service), five-year plans (e.g., economic goals).

• Australia: Concurrent list (e.g., education shared by center/state), center-state ties.

• Germany: Emergency provisions (e.g., during wars).

• Japan: Supreme Court law basis.

• South Africa: Amendment process (e.g., special majority needed).

• Ireland: Directive principles (e.g., welfare goals).

• Example: The U.S. influence is clear in the Supreme Court’s power to strike down unfair
laws.

Preamble Simplified (IMP)

• Text: "We, the People of India... adopt, enact, and give to ourselves this Constitution"
(Nov 26, 1949).

• Key Terms:(examples are only for your understanding)

• Sovereign: India is fully independent and free to create its own laws and policies without
outside control. This means the country can decide its own future, like ending British
rule in 1947, and handle international matters, such as signing trade deals with countries
like Japan or the USA.

• Example: Since 1947, India has its own army and laws, not dictated by any foreign
power.

• Socialist: This term, added in 1976 through the 42nd Amendment, shows India’s
commitment to reducing the gap between rich and poor by promoting social and
economic equality. The government works to provide basic needs and opportunities to
all, like free healthcare for the poor or subsidies for farmers.

• Example: Programs like the Ayushman Bharat scheme offer free medical treatment to
millions of low-income families.
• Secular: Also added in 1976 via the 42nd Amendment, this means India has no official
state religion and treats all faiths equally. The government supports all religions fairly,
ensuring no discrimination, such as celebrating Hindu festivals like Diwali and Muslim
festivals like Eid with equal recognition.

• Example: Public holidays are given for Christmas (Christian) and Guru Nanak Jayanti
(Sikh), showing equal respect.

• Democratic: India is a democracy where every citizen above 18 years can vote to choose
their leaders. This happens through general elections every five years, giving people a
voice in governance, from local panchayats to the national Parliament.

• Example: In the 2019 elections, over 600 million people voted to elect their
representatives, including the Prime Minister.

• Republic: Unlike a monarchy with a hereditary king or queen, India has an elected
President as the head of state. The first President, Dr. Rajendra Prasad (1950–1962), was
chosen by the people’s representatives, symbolizing a government for the people.

• Example: Today, President Droupadi Murmu, elected in 2022, represents this democratic
choice, not a royal lineage.

• Justice: This promises fairness in three areas—social (treating all castes and genders
equally), economic (ensuring fair wages and opportunities), and political (equal voting
rights for all). The goal is to build a just society where no one is unfairly left behind.

• Example: Laws like the Minimum Wages Act ensure workers, even in small villages, earn
a basic income, while voting rights apply equally to a farmer and a city lawyer.

• Liberty: This guarantees freedom in multiple forms—thought (e.g., debating ideas),

expression (e.g., writing articles or speaking out), belief (e.g., following any religion),
faith (e.g., personal spiritual choices), and worship (e.g., praying in temples or mosques).
It ensures individuals can live according to their conscience.

• Example: A journalist can criticize the government, and a person can convert to
Buddhism without fear.

• Equality: This ensures everyone has the same status and opportunities, regardless of
background. Fundamental rights provide social, economic, and political equality,
meaning rich or poor, urban or rural, all are equal before the law and can access jobs or
education.

• Example: A tribal student from a remote area can apply for an IAS exam, just like a city
student, with equal consideration.
 • Fraternity: Added in 1976 through the 42nd Amendment, this promotes a spirit of
brotherhood among all Indians, assuring the dignity of each person and the unity of the
nation. It aims to reduce social issues like caste discrimination or communal violence.

• Example: The “Secular” principle allows a Muslim to build a mosque and a Hindu a
temple with equal support.

Main Characteristics

• Longest Written: 395 articles, more detailed than most (e.g., covers rights, duties,
governance).

• Partly Rigid/Partly Flexible: Basic structure (e.g., democracy) is hard to change, but
amendments (e.g., 42nd) are possible.

• Democratic: People rule through votes (e.g., 2019 elections had 600 million voters).

• Republic: Elected leaders, not hereditary (e.g., President vs. British Queen).

• Parliamentary: PM and cabinet lead (e.g., Modi’s government).

• Federal: Power shared (e.g., states handle education, center handles defense).

• Rights/Duties/Principles: Protects citizens (e.g., free speech), guides them (e.g., pay
taxes), and the state (e.g., welfare).

• Secular: Equal religion treatment (e.g., no state-funded church).

• Independent Judiciary: Courts check government (e.g., Supreme Court rulings).

• Single Citizenship: All are Indian citizens (e.g., no state-specific citizenship).

• Single Constitution: One law for all (e.g., applies to Delhi and Tamil Nadu).

• Bicameral: Two houses (e.g., Lok Sabha, Rajya Sabha).

• Universal Franchise: Every adult votes (e.g., 18-year-olds in 2024 elections).