Constitution Of India

UNIT- I

Meaning of Constitution�

• A Constitution of a state is a fundamental set of principle according to which the state is governed.
• It outlines the organization, powers, and limits of government institutions, as well as the rights and duties of citizens.
• It serves as the supreme law of the land, providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order.
• So constitution meaning pertains an pivotal role in order to understand the political, social, economic sphere of a country.

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About Constitution of India�

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• The Constitution of India is the supreme law of the Republic of India.
• It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance.
• It is a set of rules and regulations guiding the administration of a country.

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Preamble to the Indian Constitution

• What is a Preamble?
• A preamble is an introductory statement in a document that explains the document’s philosophy and objectives.
• In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
• The preamble basically gives idea of the following things/objects: Source of the Constitution Nature of Indian State Statement of its objectives Date of its adoption

Components of Preamble�

• It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
• 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.
• The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

Key words in the Preamble

• We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.
• Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations.
• Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side. It was added in the Preamble by 42nd Amendment, 1976.
• Secular: The term means that all the religions in India get equal respect, protection and support from the state. It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
• Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.
• Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.

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Objectives of the Indian Constitution�

• 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.
• Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.
• Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.
• Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.

• 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.

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Importance of Objectives

• It provides a way of life. It includes fraternity, liberty, and equality as the notion of a happy life and which can not be taken from each other.
• Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity.
• Without equality, liberty would produce the supremacy of the few over the many.
• Equality without liberty would kill individual initiative.
• Without fraternity, liberty would produce the supremacy of the few over the many. Without fraternity, liberty and equality could not become a natural course of things.

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Structure of Indian Constitution�

Various components of the structure of the Indian Constitution:

 Parts

• A “Part” of the Constitution refers to a division within the Constitution that groups together Articles on similar subjects or themes.
• The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country’s legal, administrative, or governmental framework.
• Originally, there were 22 parts in the Constitution of India. As of now, there are 25 parts of the Indian Constitution.

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Articles

• An “Article” refers to a specific provision or clause within the Constitution that details various aspects of the country’s legal and governmental framework.
• Each part of the constitution contains several articles numbered sequentially.
• Originally, there were 395 articles in the Constitution of India. As of now, the Indian Constitution contains 448 articles.

Schedules

• A “Schedule” refers to a list or a table attached to the Constitution that details certain additional information or guidelines relevant to the constitutional provisions.
• They provide clarity and supplementary details, making the Constitution more comprehensive and functional.
• Originally, there were 8 schedules in the Constitution of India. As of now, there are 12 schedules in the Indian Constitution.

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Enactment and Adoption of the Indian Constitution�

The Constitution of India was framed by a Constituent Assembly which was established in 1946. The President of the Constituent Assembly was Dr. Rajendra Prasad.

On 29th August 1947, a resolution was moved in the Constituent Assembly for the appointment of a Drafting Committee to draft a permanent constitution of India. Accordingly, the Drafting Committee was appointed under the chairmanship of Dr. B.R. Ambedkar.

The Drafting Committee took a total of 166 days, which was spread over 2 years, 11 months, and 18 days to prepare a draft constitution. The final draft of the Constitution was introduced in the Constituent Assembly on 4th November 1948.

After many deliberations and some modifications, the Draft Constitution was declared as passed by the Constituent Assembly on 26th November 1949. This is known as the “Date of Adoption” of the Constitution of India.

• A few provisions of the Constitution came into force on 26th November 1949. However, the major part of the Constitution came into force on 26th January 1950, making India a sovereign republic. This date is known as the “Date of Enactment” of the Constitution of India.

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Salient Features of Indian Constitution�

• Lengthiest Written Constitution.
• factors that have contributed to its elephantine size.
• Drawn from Various Sources
• Blend of Rigidity and Flexibility
• Federal System with Unitary Bias
• Parliamentary Form of Government
• Synthesis of Parliamentary Sovereignty and Judicial Supremacy
• Integrated and Independent Judiciary.

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Salient Features of Indian Constitution�

• Fundamental Rights.
• Directive Principles of State Policy
• Fundamental Duties
• A Secular State
• Universal Adult Franchise
• Single Citizenship
• Emergency Provisions
• Three-tier Government

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Significance of Indian Constitution�

• Rule of Law
• Protection of Rights
• Structure of Government
• Democratic Principles
• Stability and Continuity
• National Unity
• Legal Framework
• Adaptability

Sources of the Constitution of India�

• Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency Provisions, and Administrative Details.
• British Constitution – Parliamentary System of Government, Rule of Law, Legislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs, Parliamentary Privileges, and Bicameralism.
• US Constitution – Fundamental Rights, Independence of the Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court Judges, and the Post of the Vice-President.
• Irish Constitution – Directive Principles of State Policy, the Nomination of Members to Rajya Sabha, and Method of Election of the President.
• Canadian Constitution – Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.

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• Australian Constitution – Concurrent List, Freedom of Trade, Commerce & Intercourse, and a Joint Sitting of the two Houses of Parliament.
• Weimar Constitution of Germany – Suspension of Fundamental Rights during Emergency.
• Soviet Constitution (USSR, now Russia) – Fundamental duties and the ideal of Justice (Social, Economic, and Political) in the Preamble.
• French Constitution – Republic and the ideals of Liberty, Equality, and Fraternity in the Preamble.
• South African Constitution – Procedure for amendment of the Constitution and election of members of Rajya Sabha.
• Japanese Constitution – Procedure established by law.

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Parts of the Constitution�

Parts- Subject Matter

I The Union and its Territory

II Citizenship

III Fundamental Rights

IV Directive Principles of State Policy

IV-A Fundamental Duties

V The Union Government

VI The State Governments

VIII The Union Territories

IX The Panchayats

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IX-A The Municipalities

IX-B The Co-operative Societies

X The Scheduled and Tribal Areas

XI Relations between the Union and the States

XII Finance, Property, Contracts, and Suits

XIII Trade, Commerce and Intercourse within the Territory of India

XIV Services under the Union and the States

XIV-A Tribunals

XV Elections

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XVI Special Provisions relating to certain Classes

XVII Official Languages

XVIII Emergency |Provisions

XIX Miscellaneous

XX Amendment of the Constitution

XXI Temporary, Transitional and Special Provisions

XXII Short title, Commencement, Authoritative Text in Hindi, and Repeals

• Note – Part-VII (The States in Part B of the First Schedule), has been deleted by the 7th Constitutional Amendment of 1956.

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Constituent Assembly

• The Constituent Assembly was an assembly of elected representatives who drafted the document of the constitution.
• Total Number of Seats in Constituent Assembly – 389 Seats (292 Seats – British Provinces and 93 seats - Princely states).
• The British provinces were divided into three principle communities comprising Muslims, Sikhs, and general. Representatives of each community were elected by the members of that particular community for assembly. •
• Later, due to the partition of India, some territories were transferred to Pakistan. This reduced the number of seats to 299.
• Elections to this Assembly were held in July 1946 and its first meeting was held in December 1946.
• The method of election was through proportional representation where 1 seat represented nearly 10 lakh people.

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• It comprised 299 members that adopted the constitution on 26 November 1947 which came into effect on 26 January 1950. •
• The constituent assembly had the responsibility for framing the constitution of India. •
• It functioned from Dec 1946 to Nov 1949. •
• There were 8 Major committees and 15 minor committees in the constituent assembly for different subjects.
• It conducted 11 sessions to discuss different issues related to the formation of the constitution.

Committees of Constituent Assembly

Name of the Major Committees - Chairman

• Union power committee
• Union constitution committee - Pandit Jawaharlal Nehru
• States committee
• Provincial committee - Sardar Vallabhbhai Patel
• Drafting committee - Dr. B. R. Ambedkar
• Advisory Committee - Sardar Vallabhbhai Patel
• Rules committee. - Dr. Rajendra prasad
• Steering committee

Constituent Assembly : Timeline