HKBK COLLEGE OF ENGINEERING

INDIAN CONSTITUTION
Subject code:

BICOK207/107
MODULE: 01

INDIAN
CONSTITUTION

"Unveiling the Pillars of Democracy: A Journey Through

the Indian Constitution"
 CONTENTS:
01 INTRODUCTION

02 NECESSITY OF INDIAN CONSTITUTION

03 HISTORY OF INDIAN CONSTITUTION

04 MAKING OF CONSTITUTION

05 SOCIETIES BEFORE CONSTITUTION

06 SOCIETIES AFTER CONSTITUTION

07 ROLE OF CONSTITUENT ASSEMBLY

08 PREAMBLE AND BORROWED FEATURES

09 ARICLE AND PARTS

 INTRODUCTION TO INDIAN CONSTITUTION

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.
KEY POINTS

- Ensures equal rights to everyone and to entitle people with

the power to select their leader , practice their religion and
choose the work portfolio that they like.
- The basic aim of our constitution is to promote Unity and
Integrity of the nation.
- The Constitution is the supreme law of the land. It
determines the relationship among the citizens and also the
relationship between the people and the government.
- Indian constitution was adopted on November 26,1949 . This
day is known as Constitution Day or National Law Day .
KEY POINTS

- The symbol of Constitution of India is "The Elephant"

- The basic structure of Constitution of India is it's federal

nature, parliamentary democracy,features like liberty,
sovereignty,republic, integrity,equality and fundamental
rights which guarantee freedom of speech and expression.
NECESSITY OF INDIAN CONSTITUTION:
Protects fundamental Ensures equality
rights
India is a diverse country with
The Constitution of India different religions, castes, and
guarantees fundamental rights to languages. The Constitution of India
all citizens, such as the right to ensures that every citizen is equal
equality, freedom of speech and before the law and prohibits
expression, right to education, discrimination based on religion,
right to life, and personal liberty. race, caste, gender, or place of birth.
These rights are essential for the This has been a critical factor in
protection and development of promoting social justice and
individuals. preventing the marginalization of
certain groups in society..
Establishes a framework Faciltates Economic
for governance Development
The Constitution of India lays
down the framework for the The Constitution of India provides
functioning of the government. It a legal framework for economic
defines the powers and duties of development. It provides for the
the executive, legislative, and protection of property rights, the
judiciary branches of government, regulation of commerce, and the
and ensures that there is a system establishment of a uniform tax
of checks and balances. This system. This has led to the growth
ensures that no one branch of of the Indian economy, making it
government exercises excessive one of the fastest-growing
power and that it maintains the economies in the world.
rule of law.
 How the Constitution has shaped India ’ s development?

Democratic Governance:
The Constitution established India as a
democratic republic with a federal
structure of government, which ensures
the distribution of power across
different levels of government and
guarantees citizens’ right to participate
in the decision-making process. This has
contributed to the stability and
continuity of Indian democracy, despite
the challenges of diversity, poverty, and
regional differences.
 Fundamental Rights:
The Constitution provides fundamental rights to all citizens. It includes the
right to freedom of speech and expression, the right to life and liberty, the
right to equality, and the right to religious freedom. These rights have helped
to protect the interests of marginalized and vulnerable sections of society and
have been a powerful tool for social justice and equity.
 Social and Economic Policies:
The Constitution has enabled the government
to develop policies aimed at reducing poverty,
promoting education, and healthcare, and
ensuring social justice. The Constitution allows
for the state to reserve seats in educational
institutions and government jobs for
historically disadvantaged and marginalized
groups, and to undertake affirmative action to
promote their social, economic, and political
advancement.
Judicial Review :
It establishes an independent judiciary with the power of judicial review,
which has played a significant role in upholding the rule of law, protecting
individual rights, and ensuring that government actions are in line with
constitutional principles.
 History of Indian constitution:
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
of India. It was adopted by the Constitution
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
Timeline of formation of the Constitution of India:
- 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. The 1st person
to address was J.B Kripalani
,Sachachidandana Sinha became
temporary president. (Demanding
a separate state, the Muslim
League boycotted the meeting.)
 - 11 December 1947: The Assembly appointed Rajendra Prasad as its
president,H C Mukarjee as its vice-president and, B N Rau as
constitutional legal adviser. (There were initially 389 members in
total, which declined to 299 afterpartition. Out of the 389 members,
292 were from government provinces, four from chief commissioner
provinces and 93 from princely states.)
- 13 December 1946: An "Objective Resolution" was presented by
Jawaharlal Nehru laying down the underlying principles of the
constitution. This later became the Preamble of the Constitution.
- 22 July 1947: National Flag adopted.
- 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 The other six members of committee were K M
Munshi, Muhammed Sadulla, Alladi Krishnaswammy Iyyer,N
Goplalaswamy Ayyangar, Devi Prasad Khaitan and BL Mitter.
- 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, and 22 Parts).
- 26 January 1950: The Constitution came into force. (The process
took 2 years, 11 months and 18 days—at a total expenditure of ₹6.4
million to finish.)
 Making of Indian Constitution:
- Constituent Assembly: The drafting of the
constitution was done by the Constituent
Assembly, which was established in 1946.
The members of the assembly were
elected by the provincial assemblies and
nominated by the princely states.

- Influences: The Indian constitution

drew inspiration from various
sources, including the Government of
India Act 1935, the Constitution of
various countries, and the principles
of liberty, equality, and fraternity.
Dr. B.R. Ambedkar: The drafting
committee was chaired by Dr. B.R.
Ambedkar, who played a crucial
role in shaping the constitution. He
is often referred to as the "Father
of the Indian Constitution. "

Preamble: The Preamble of the

Indian constitution outlines the
ideals and objectives of the nation,
such as justice, liberty, equality,
and fraternity.
Lengthy Process: The process of
drafting the constitution took
almost three years. The Constituent
Assembly held numerous debates,
discussions, and deliberations on
various aspects of the constitution.

Directive Principles: It also

incorporates Directive Principles of
State Policy, which provide guidelines
for the government to work towards
the welfare of the people.
 - Fundamental Rights: The Indian
constitution guarantees fundamental
rights to its citizens, including the
right to freedom of speech, equality
before the law, and protection against
discrimination.

- Amendments: The constitution can

be amended, but certain
fundamental features cannot be
altered without special procedures.
 Socities Before Constitution:
Before the adoption of the Constitution of
India in 1950, the societal landscape of India
was diverse and complex, marked by a rich
history of cultures, religions, and social
structures. The society was characterized by
its hierarchical caste system, where
individuals were born into specific castes
that determined their social status,
occupation, and even relationships. This
system led to significant inequalities and
discrimination.
Colonial rule by the British
Empire had a profound impact
on Indian society. The British
implemented various policies
and laws that often exacerbated
existing social divisions and
hierarchies. The struggle for
independence from British rule
also played a crucial role in
shaping Indian society, as it
fostered a sense of national
identity and unity among
different communities.
The pre-constitutional era saw
social reform movements that
aimed to challenge and transform
certain aspects of Indian society.
Prominent leaders and reformers
like Raja Ram Mohan Roy,
Jyotirao Phule, and Dr. B.R.
Ambedkar advocated for social
equality, education, and the
upliftment of marginalized
sections of society.
Women's rights and gender equality
were also areas of focus during this
time. Efforts were made to challenge
traditional practices such as child
marriage and sati (widow immolation).
These movements laid the
groundwork for the principles of
equality, social justice, and individual
rights that would eventually be
enshrined in the Indian Constitution.

Overall, the society before the Indian Constitution was a complex

blend of traditional norms, colonial influences, and evolving reform
movements, all of which played a significant role in shaping the
foundational principles of the modern Indian state.
 Socities After Constitution :
:

Firstly, the objectives and values such as

liberty, justice and equality have wider social
implications. The Constitution has
guaranteed to all the Indians a set of
Fundamental Rights. Rights are not only
given but also protected by the court.
Secondly, the nature of the state as discussed
earlier gives a definite hint at the changes that
have taken in the Indian society. India is now a
sovereign state. With the Constitution coming
into effect the dominion status came to an end
and India became a virtual sovereign state.
Third, free and compulsory education
through the Right to Education Act, right to
work through Mahatma Gandhi National
Rural Employment Guarantee Act
(MGNREGA), Right to Information Act, Lok
Pal and Lokayuktas Act etc. are also some
important acts of Parliament that have wider
social impact. The Scheduled Caste/ Tribe
Commissions, Minority Commission and
Women Commission are also some important
institutions in that direction.
Fourth, the role of judiciary has been remarkable
in the direction of social change and justice
dispensing. The Public Interest Litigation / Social
Interest Litigation has revolutionized the judicial
system. It is a cheap, quick and not-so formal
system of grievance hearing and justice giving.

Fifth, several amendments of the constitution also

have brought revolution in the society. Justice Sikri
(2002) observes that , “A number of amendments
(1st, 4th, 17th, 24th, 25th,26th, 29th, 34th 42nd,64th
etc. ) have been carried out in the context of the
changing socio-economic scene” .
Sixth, the nature of the state gives a definite hint at the changes that
have taken in the Indian society. India is now a sovereign state. With
the Constitution coming into effect the dominion status came to an
end and India became a virtual sovereign state. India’s adherence to
socialism (Democratic Socialism which is not state socialism)
witnessed the introduction of planning and nationalization of heavy
industries along with banks.

Several socialistic measures have been

taken to end poverty, ignorance, disease,
inequality between man and woman
especially in wages, insecurity of the old,
disable, orphans,invalid and widow;
exploitation of the working class etc.
 How was the Constituent Assembly of India Formed?

The Constituent Assembly of India was originally formed to frame the

Constitution of India. There was a session held by the Indian National
Congress presided by Pt. Jawahar Lal Nehru in April 1935 at [Link] 1938,
Pt. Jawahar Lal Nehru made an impactful statement regarding the
Constitution and Assembly, ‘The constitution of free India must be framed,
without outside interference, by a constituent assembly elected based on
adult franchise’ .The British accepted the demand for a Constituent Assembly
through their ‘August offer’ of 1940. The elections for the Assembly were held
for the first time under the Cabinet Mission Plan of 1946. To fulfill the
purpose of its making, the Constituent Assembly framed the Constitution of
India and implemented it on 16 May 1946.
 How were Members of the Constituent Assembly Elected?

The Provincial Assembly elected

the members of the Constituent
Assembly Of India by a single,
transferable-vote system. The
total number of members of the
Assembly were 389. Among these
members 292 represented the
provinces, 93 were the
representatives of the princely
states and 4 were from the chief
commissioner provinces
The elections that were assigned to the
British Indian provinces for the 296 seats
were completed by August 1946. In this
election, Congress won the majority of
the seats: 208. On the other hand, Muslim
League had only won 73 seats. As they
have lost in this election, the Muslim
League refused to work with Congress and
the political situation got worse Over
these two years, the Constituent
Assembly had 11 sessions. This committee
was chaired by B. R. Ambedkar.
 Functions of the Constituent Assembly of India:

- Frame the Constitution of India and make sure that everyone in the
country gets equal rights and opportunities.
- The assembly adopted the National flag on July 22, 1947.
- Enact the laws
- In May 1949 the assembly approved India’s membership in the British
Commonwealth.
- On January 24, 1950, Dr Rajendra Prasad was elected the first President
of India through this committee.
- Adopted both the National anthem and National Song on January 24,
1950.
 Criticism of the Constituent Assembly of India
:

The major criticism of the Constituent Assembly of India was that

it was not formed by universal suffrage. Many feel that it was
dominated by Congress members and lawyer-politicians. There
were allegations that since the Constituent Assembly was formed
during the British order it was not a sovereign body. The
committee took an unreasonable time to frame the Constitution.
The committee consisted majorly of Hindus.
 Are all these criticisms true?
:

Not at all! The constituent assembly consisted of members from

all the religions, castes and cultures of the society. This means
that equal opportunity is given to all. The time taken by the
constituent assembly to frame the Constitution is reasonable
since India is a big country and they have to account for people
from all the sections of the society.
 Preamble:
According to the preamble, the
constitution of India has been
pursuance of the solemn
resolution of the people of India
to constitute India into a
'Sovereign Socialist Secular
Democratic Republic' , and to
secure well-defined objects set
forth in the preamble.
Sovereignty denotes supreme
and ultimate power.
Borrowed Features
:

1. Australia:
- Concurrent list
- Freedom of trade, commerce and intercourse
- Joint-sitting of the two Houses of Parliament

2. Ireland:
- Directive Principles of State Policy
- Method of election of the president
- Nomination of members to Rajya Sabha
3. Canada:
- Federation with a strong Centre.
- Vesting of residuary powers in the Centre.
- Advisory jurisdiction of the Supreme Court.
- Appointment of state governors by the Centre.

4. Japan:
- Procedure Established by law

5. Germany:
- Suspension of Fundamental Rights during emergency
6. United Kingdom: 7. United States:
- Parliamentary government
- Fundamental rights
- Rule of Law
- Independence of judiciary
- Legislative procedure
- Judicial review
- Single Citizenship
- Impeachment of the president
- Cabinet system
- Removal of Supreme Court
- Prerogative writs
and High Court judges
- Parliamentary privileges
- Post of vice - president
- Bicameralism
8. South Africa:
- Procedure for amendment in the Indian Constitution
- Election of members of Rajya Sabha

9. France:
- Republic
- Ideals of liberty, equality and fraternity in the Preamble

10. Russia:
- Fundamental duties
- Ideals of justice (social, economic and political) in the Preamble
Articles and Parts

The Indian Constitution is

divided into 25 parts and 12
schedules. It had 395
articles
in 22 parts and 8 schedules
at the time of its
commencement.
 Multiple Choice Questions
1. Which portion of the Indian Constitution reflects the mind and ideals of its framers?
A. Preamble
B. Fundamental Rights
C. Directive Principles
D. Fundamental duties
Ans: (C)

2. Which of the following word has not been written in the preamble of the Indian Constitution?
A. Sovereign
B. Socialist
C. Democratic
D. Indians
Ans: (D)

3. Which of the following statements is not true?

A. The date of implementation of the Indian Constitution is November 26, 1949
B. The “Secular” word was added by the 42nd Constitution Amendment
C. The 42nd Constitutional Amendment was done in 1976
D. Social, Economic and political justice has been taken from the Russian Revolution in the
Indian Constitution
Ans: (A)
4. Which statement is not correct in the case of "Sovereign India"?
A. India is not dependent on any country
B. India is not a colony of any other country
C. India can give any part of its country to any other country
D. India is obliged to obey the UN in its internal affairs
Ans: (D)

5. K.M. Munshi was related to......

A. Constitution draft committee
B. Preamble Committee
C. Public Accounts Committee
D. None of the above
Ans: (A)

6. Which year is related to Berubari Case?

A. 1972
B. 1976
C. 1970
D. 1960
Ans: (D)

7. How many types of Justices are mentioned in the preamble?

A. 2 B. 4 C. 3 D. 5
Ans: (A)
[Link] many types of Liberty are mentioned in the preamble?
A. 2 B. 4 C. 3 D. 5
Ans: (D)

[Link] which date, the Constituent Assembly had adopted the constitution?
A. November 26, 1949
B. December 26, 1949
C. January 24, 1950
D. January 26, 1950
Ans: (A)

[Link] Socialism is based on

A. Marxism
B. Chinese
C. Russian
D. Gandhian
Ans: (D)

[Link] many times was the Preamble of the Constitution amended?

A. Three times
B. Two times
C. One time
D. Not amended
Ans: (C)
[Link] to practice and propagate any religion is subject to
A. Public order
B. Public, convenience
C. Public interest
D. Public consent
Ans: (A)

[Link] of Indian Constitution

A. Is part of the Constitution
B. Is not part of the Constitution
C. was considered to be part of the constitution
D. Is additional part of the constitution
Ans: (A)

[Link]. Rajendra prasad was chairman of

A. Drafting committee
B. Constituent Assembly
C. Raj Sabha
D. Frist planning commission
Ans: (B)

[Link] many Fundamental Rights have been provided by the Constitution of India?
A. Eight B. Nine C. Five D. Six
Ans: (D)
[Link] much time did it take for the creation of the Indian Constitution?
A. 2 years 3 months 26 days B. 2 years 11 months 18 days
C. 2 years 6 months 23 days D. 2 years 5 months 11 days
Ans: (B)

[Link] of the given Article of the Indian Constitution empowers the High court to issue writs?
A. Article 223 B. Article 229 C. Article 232 D. Article 226
Ans: (D)

[Link] is the Constitutional head of the state governments?

A. Chief Minister of the Stat B. High court judge
C. Governor D. Health Minister of the State
Ans: (C)

19. .Which of the following word has not been written in the preamble of the indian constitution?
A. sovereign B. socialist
C. Democratic D. Indians
Ans: (D)

[Link] was the Indian Constitution adopted?

A. 26-10-1949
B. 26-12-1949
C. 26-11-1949
D. 26-01-1950
Ans: (C)
THANK YOU !!