Constitution of India Chapter 1
Constitution of India Chapter 1
Constitution of India Chapter 1
Chapter 1
Indian Constitution: Making and Basic Principle
Introduction:
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental
political principles, establishes the structure, procedures, powers and duties of Government and Set out
fundamental rights, directive principles, and duties of the Citizens. It is the longest written constitution of any
sovereign country in the world, Containing 448 articles in 22 parts, 12 schedules and 105 amendments. The
Constitution was adopted by the Constituent Assembly on 26 th November 1949, and came into effect on 26th
January 1950. Its repeated Criticism is that it is very little original and mostly borrowed from other
constitutions. Never less, it has distinctive features of its own and is unique in many ways.
Meaning:
Constitution is a basic law, rules and principles of a nation, state or social group that determine powers and
duties of Government and Guarantee certain rights to people in it.
Or
A written document or instrument embodying the rules of a political or social organization.
Characteristics of a Constitution
1. A Written Constitution: For a federal Constitution it is Mandatory that there should be a written
Constitution.
2. Dual Government: In case of federal constitution, there is system of dual government one at centre and
another at state.
3. Supremacy of Constitutions: For a federal Constitution there should be supremacy of the Constitution. At
the time of the exercise of power by three organs of the Govt. i.e. legislative, executive and Judiciary, all
functions are Subordinated and Controlled by the Constitution.
4. Distribution of Powers: Federalism means the distribution of powers of the State among a Number of Co-
ordinate bodies each originating in and controlled by the Constitution
5. Rigidity: Rigidity is one of the Basic essential of a federal Constitution. It highly depends on the Process
of amendment.
6. Independent Judiciary: There should be an independent judiciary having authority on other organs. In a
federal Constitution the courts (judiciary) have the final power to interpret the Constitution. Finally it should
say that the judiciary is the Guardian of the Constitution.
1. To provide a set of basic rules that allow for minimal coordination amongst members of society.
2. To specify who has the power to make decisions in a society. It decides how the government will be
constituted.
3. To set some limits on what a government can impose on its citizens. These limits are fundamental in the
sense that government may never trespass on them.
4. To enable the government to fulfil the aspirations of a society and create conditions for a just society.
Framing of Constitution
Acceptance of the demand for establishing a constitutional assembly for making a constitution for India
1. Constituent Assembly of India : Composition
The Cabinet mission plan declared by the Constitution Assembly shall be established for preparing the
constitution of India it shall consist of total 389 seats out of these 296 seats were allotted to British Indian
Provinces and 4 seats to the Chief Commissioner Provisions and 93 seats to the Indian Prince states out of
292 seats to the British Indian provisions it was declared that 210 seats were to the general electrode seats 78
seats are Muslim electronics and four seats were allotted to the Sikhs.
2. The Election of constituent assembly of India
The elections where constituent assembly was held in July 1946 out of 210 general seats that Congress
captured 208 and out of 78 Muslim seats the Muslim league got 73. Many other seats were captured by
Congress backed candidates and as such it is enjoyed thumping majority and constitution assembly. The
Congress won 208 seats, Muslim League won 73 seats and others won 15 seats and most of this almost all
supported INC princely states at 93 representatives to constitutional assembly.
Working of the Constituent Assembly After Indian Independence and Framing of the Indian
Constitution
On 15th August, 1947, India became independent. A day before, i.e. on 14th August, Pakistan was partitioned
out of India. The Constituent Assembly of India then got a full sovereign status and started undertaking the
task of formulating the Constitution of India with a new zeal and enthusiasm. The accession of Indian Princely
States to India made this august body more representative. Later on, 28 members belonging to Muslim League
(India) also joined it. It started working as a fully representative, all powerful and a truly national and sovereign
constituent assembly of all the people of India.
(i) Constitution of Various Committees by the Constituent Assembly
For conducting its work in a systematic and efficient manner, the Constituent Assembly constituted several
committees which were to report on the subjects assigned to them. Some of these committees were committees
on procedural matters while others were committees on substantive matters. In the first category came, Rules
of Procedure Committee, Finance and Staff Committee, Credential Committee, Steering Committee, Hindi
Translation Committee, Orders of Business Committee, Urdu Translation Committee, Press Gallery
Committee, House Committee and Committee on Independence Act. The substantive matters committees
included: Union Powers Committee, Union Constitution Committee, Provincial Constitution Committee,
Advisory Committee on Minorities and Fundamental Rights, and Committee on Financial Rights between the
Union and States. The reports of these committees provided the bricks and mortar for the formulation of the
Constitution of India.
(ii) Formation of the Drafting Committee of the Constituent Assembly
In the making of the constitution, a very valuable role was played by the Drafting Committee. This committee
was constituted on 29th August, 1947 with Dr. B.R. Ambedkar as its Chairman. The members of this
committee included its versatile Chairman Dr. Ambedkar; and such legal luminaries as B.L. Mitter, N.
Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Saiyid Mohd. Saadulla, N. Madhav Rao
(Nominated by the President on 5 December 1947) and D.P. Khaitan. After the death of Mr. D.P. Khaitan,
T.T. Krishnamachari was made its member. Dr. B.N. Rau worked as the Chief Constitutional Advisor attached
to this committee.
(iii) Passing & Adoption of the Constitution by the Constituent Assembly
The Drafting Committee submitted its report (draft) to the Constituent Assembly on 21st Feb.,1948 and the
Constituent Assembly held debates on it. On the basis of these discussions, a new draft was prepared by the
Drafting Committee and submitted to the Assembly on 4th November, 1948. (The Drafting Committee took
less than six months to prepare the Draft and it sat for 141 days). The first debate on this draft was held from
4th to 9th November, 1948. Thereafter, from 15th November, 1948 to 17th October, 1949, each clause of the
draft was thoroughly debated upon and passed. In all 7635 amendments were proposed, out of which 2473
amendments were discussed. From 14th November, 1949 to 26th November, 1949 the final debate was held
on the draft. On 26th November, 1949, the Constitution was finally adopted and enacted when the Constitution
was signed by the President of the Constituent Assembly. The adoption of the constitution was indeed a historic
event and an occasion of great constitutional significance. Granville Austin observes that "The adoption of the
Constitution of India was the greatest political venture since the Philadelphia Convention (USA)." 308
members attended the last meeting of the Constituent Assembly. Some of provisions came into operation
immediately while as a whole the Constitution was inaugurated on 26th January, 1950. Thus was fulfilled the
pledge for Puran Swaraj that the people of India had taken on 26th January, 1930.
Constitution Assembly
India Elected Assembly to write the constitution of India. Its members served as the Nation’s First Parliament.
The Assembly was formed in 1946. The main purpose of India’s Constitution through a line of Independence.
Preamble
The ‘Preamble’ of the Constitution of India is a brief introductory statement that sets out the guiding purpose
and principles of the document, and it indicates the source from which the document which derives its
authority, meaning, the people.
Sovereignty: This entitles supreme, uncontrollable, and absolute powers to the government of our country.
This is the backbone of our Indian constitution and protects the rights of the people. Sovereignty can be of
two types, internal sovereignty and external sovereignty. Internal sovereignty entitles the states with the
power to govern themselves and makes laws in certain cases if required. In contrast, external sovereignty
declares government as the supreme authority and entitles it to cede a part of any territory if required.
Socialist: It is one of the most important parts of the objectives of the Indian constitution. Socialism ensures
equality among people and ensures their welfare. The main purpose of adding socialistic features to the
Indian constitution is to ensure fair and equal opportunities for all concerning income and status. Socialism
expels capitalism which is considered to be a threat to the economy. The main motto of this objective is to
end all forms of discrimination and exploitation of any person based on their religion, caste, region, or
creed.
Secularism: This objective of the Indian constitution was introduced to ensure the maintenance of peace
among different communities. It ensures the development and unity of various communities and religions.
Secularism was added as a part of the Indian constitution during the 42nd amendment. Articles 25 to 28 of
the Indian constitution ensure freedom of religion and prohibit any discrimination on the ground of religion.
It is one of the aims and objectives of the salient features of the Indian constitution, and it was added to
make clear that religion has no place in the matters of the state.
Democratic: By including democracy as an objective of the Indian constitution, the constitution entitles
the citizens of India with the power to govern. India has adopted parliamentary democracy, which ensures
a responsible and stable government. The ruler of the country is elected by the people, and the ruler is later
answerable to the people. Democracy ensures stability and entitles the people to change their rules as per
their will and practice universal adult franchise, i.e. One man, one vote. Periodic conduct of elections is
practised so that people are entitled to a right to elect their representatives.
Republic: This concept was inspired by the constitution of France. It entitles people to the power to elect
their representatives. The concept of a republic lays down the foundation of our country’s government by
ensuring that there will be no hereditary ruler, and the elections will be held at regular intervals of times to
elect a representative and ruler of the people. Republic Indian is among the most important aims and
objectives of the salient features of the Indian constitution.
Justice and liberty: The objectives of the Indian constitution also include social, economic, and political
justice and the liberty to follow any religion, any job, any work without the interference of the state. All the
citizens of India are entitled to a basic set of fundamental rights that ensure and protect their interests.
Freedom of expression, thought, belief, religion, worship, and faith are ensured to every single citizen of
the country.
Fraternity: The constitution entitles every person to live their life with dignity. The government ensures
quality life to all its citizens under Part 4 of the constitution. Every citizen has the right to live a meaningful
life, and no one in any way can interfere in their way of living.
Equality: The preamble talks of equality of status and opportunity. It has got legal, social, political, and
economic dimensions. The concept is drafted in articles 14 to 18.
Unity and Integrity: Unity in integrity refers to being united the whole time full stop it means that people
having different faiths, religion, caste creed and cultures live together with love, care and with no
conflicts. It is the best way to remove inequality and other social evils like racism and discrimination.
Fundamental Rights
Enshrined in Part-III of the Indian Constitution, Fundamental Rights are the basic human rights guaranteed by
the Constitution of India. These rights are included in the constitution because they are considered essential
for the development of the personality of every individual and to preserve human dignity. The six fundamental
rights include the Right to Equality, Right to freedom, Right against exploitation, Right to freedom of Religion,
Cultural and Educational Rights and Right to constitutional Remedies.
Features of Fundamental Rights
Integral part of the Constitution: Fundamental Rights have been made an integral part of the Constitution
and hence cannot be taken away by ordinary legislation. Any law passed by any legislature in the country
would be declared null and void if it is derogatory to the rights guaranteed by the Constitution.
Rights are qualified: The fundamental rights of the people are not absolute except the right against
untouchability. They are qualified with limitations and reasonable restrictions in the collective interest of
the society. While describing the scope of each right, the Constitution also describes its limitations. These
have been laid down for protecting public health, public order, morality and security of India. Some
exceptions are also provided to Fundamental Rights through their non-applicability to members of security
and law and order related forces, during martial law and, for certain laws necessary for socio-economic
reforms.
Enforceability of Rights: Fundamental Rights have been made Justiciable. Justiciable rights means if any
of these rights are violated by the government or anyone else, the individual has the right to approach the
Supreme Court or High Courts for the protection and enforcement of his/her Fundamental Rights. Thus,
the Constitution not only grants but also guarantees these rights. There are elaborate instruments to protect
these rights, such as Right to Constitutional remedy, Public Interest Litigation, Human Rights
Commissions.
Fundamental Rights are amendable: Fundamental Rights are not sacrosanct and permanent. Parliament
has the power to amend any part of the Constitution including Fundamental Rights. The Fundamental
Rights, despite having inviolable nature, can be amended by the Parliament, subject to the ‘basic structure’
of the Constitution. The Parliament has, in practice, exercised this power on several occasions.
Provision for the Suspension of Rights: The Constitution provides for suspension of all or any of the
Fundamental Rights during an emergency. However, such a suspension automatically ends when the
emergency ceases or when the President withdraws it.
Constitutional superiority of Fundamental Rights: The Fundamental Rights of the citizens are superior
to ordinary laws and the Directive Principals of State when the President withdraws it.
Positive and Negative Effects: These rights strike a balance between the rights of the individual and
those of the society as a whole, between individual liberty and social control
Only for Indian Citizens: The rights are only available to citizens, while others are available to all persons,
whether citizens, foreigners or legal entities such as corporations or companies.
1. Right to Equality (Articles 14 – 18): Right to equality guarantees equal rights for everyone, irrespective
of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government
and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc.
This right also includes the abolition of titles as well as untouchability.
2. Right to Freedom (Articles 19 – 22): Freedom is one of the most important ideals cherished by any
democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many
rights such as:
Freedom of speech
Freedom of expression
Freedom of assembly without arms
Freedom of association
5. Promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women
6. Value and preserve the rich heritage of the country’s composite culture
7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures
8. Develop scientific temper, humanism and the spirit of inquiry and reform
9. Safeguard public property and to abjure violence
10. Strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement
11. Provide opportunities for education to his child or ward between the age of six and fourteen
years. This duty was added by the 86th Constitutional Amendment Act, 2002
Achieve Socio-Economic Development: The main aim of these principles is to create social and
economic conditions under which all the citizens can lead a good life.
Not Enforceable by Law: These provisions of the Constitution of India are non- justiciable, which means
that these are not enforceable by any court of law. But the principles are considered fundamental in the
governance of the country.
Positive in Nature: These principles increase power and functions of the state by the implementation of
these principles will develop the positive impact on the welfare of the state.
Aims at welfare of state: These principles aim at establishment of a welfare of state by securing socio-
economic justice. These principles are based on socialistic thinking.
Indispensable: These principles are inseparable from socio-economic development of the country and its
states. Because welfare and justice are the twin objective of our constitution.
Great Moral Value: These principles have great moral value also. It constitutes the conscience of our
constitution. No responsible government can dare against these principles.
Mirror of Public Opinion: These principles act as a yardstick in the hands of the people to measure the
performance of governments in respect of achieving the objective. These principles always reflect the will
of the people. These are embodied in constitution to meet the aspirations of the people.
Purpose of Directive Principles of State Policy
Secure social economic justice: the directive principles of state policy are some instructions for the state
to achieve socio economic development through providing equal justice among the citizens of India
Equal Opportunity and status: the state has to aim at creating equal opportunity among the society and
avoid the concentration of wealth among an individual in order to provide equal status
Promote welfare of people: the directive principles of state policy promote the material and social
welfare of the individual by securing and protecting has effectively has it made a social order in which
this social economic and political shall inform all the institutions of national life
Minimize inequalities: the state shall in particular minimize the inequalities in income and endure to
eliminate inequality and status facilities and opportunities not amongst individuals open but some groups
of people residing in different areas or engaged in different vocations.
Socialist Principles
Article 38: The State shall strive to promote the welfare of the people by securing and protecting a social
order by ensuring social, economic and political justice and by minimising inequalities in income, status,
facilities and opportunities
Articles 39: The State shall in particular, direct its policies towards securing:
Right to an adequate means of livelihood to all the citizens.
The ownership and control of material resources shall be organised in a manner to serve the common
good.
The State shall avoid concentration of wealth in a few hands.
Equal pay for equal work for both men and women.
The protection of the strength and health of the workers.
Childhood and youth shall not be exploited.
Article 41: To secure the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disability.
Article 42: The State shall make provisions for securing just and humane conditions of work and for
maternity relief.
Article 43: The State shall endeavour to secure to all workers a living wage and a decent standard of life.
Article 43A: The State shall take steps to secure the participation of workers in the management of
industries.
Article 47: To raise the level of nutrition and the standard of living of people and to improve public health.
Gandhian Principles
Article 40: The State shall take steps to organise village panchayats as units of Self Government
Article 43: The State shall endeavour to promote cottage industries on an individual or cooperative basis
in rural areas.
Article 43B: To promote voluntary formation, autonomous functioning, democratic control and
professional management of cooperative societies.
Article 46: The State shall promote educational and economic interests of the weaker sections of the
people particularly that of the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker sections.
Article 47: The State shall take steps to improve public health and prohibit consumption of intoxicating
drinks and drugs that are injurious to health.
Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve
their breeds.
Liberal – Intellectual Principles
Article 44: The State shall endeavour to secure for the citizen a Uniform Civil Code through the territory
of India.
Article 45: To provide early childhood care and education for all children until they complete the age of
six years.
Article 48: To organise agriculture and animal husbandry on modern and scientific lines.
Article 48A: To protect and improve the environment and to safeguard the forests and wildlife of the
country.
Article 49: The State shall 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: It declares that to establish international peace and security the State shall endeavour to:
Maintain just and honourable relations with the nations.
Foster respect for international law and treaty obligations.
Encourage settlement of international disputes by arbitration.
Question Bank
Multiple Choice Question (1 Marks)
4. How many Fundamental Rights and Fundamental Duties are there in Constitution?
a) 6 & 11 b) 4 & 12 c) 5 & 10 d) 10 & 5
2 Marks Questions
“Give a man a fish and you feed him for a day; teach a man to fish and you feed him for a lifetime.”
—Maimonides