PART-I Constitutional Framework
- Historical Background
Introduction
The historical background of the Indian Constitution starts with the British India Act, which was passed by the British Parliament in 1773. This act established the British Crown's direct control over British India and marked the beginning of the British Raj.
Over the next century, the British government passed several other acts to regulate and govern India. The most notable of these was the Government of India Act of 1858, which abolished the East India Company's rule and transferred power to the British Crown.
In 1919, the Government of India Act was amended to provide for limited provincial autonomy and the introduction of a bicameral legislature. However, this did not satisfy Indian nationalists who demanded more significant political rights and self-rule.
In 1935, the British government passed the Government of India Act, which created a federal system of government with a central government and provincial governments. The act also granted limited autonomy to the provinces and established a bicameral legislature. However, this act did not satisfy Indian nationalist demands for complete independence.
After World War II, the Indian independence movement grew stronger, and the British government agreed to grant India independence. In 1947, the Indian Independence Act was passed, which provided for the partition of India into two separate countries, India and Pakistan. India became a sovereign, democratic republic on January 26, 1950, with the adoption of its own constitution, which was drafted by a constituent assembly. The Indian Constitution is one of the world's longest and most detailed constitutions, and it establishes India as a secular, democratic republic with a federal system of government.
Regulating Act 1773
The Regulating Act of 1773 was an important law passed by the British Parliament to regulate the administration of British India. Here are some important features of this act that you should know:
Establishment of the Supreme Court of Judicature: The act established a Supreme Court of Judicature in Calcutta to administer justice in British India.
Creation of the office of Governor-General: The act created the office of Governor-General of Bengal and placed the Governor-General in charge of the civil, military and revenue affairs of the British East India Company in India.
Introduction of the system of double government: The act introduced a system of double government, under which the Governor-General of Bengal was made responsible to both the British Crown and the British East India Company.
Control over the affairs of the British East India Company: The act gave the British government greater control over the affairs of the British East India Company, by requiring the company to submit regular reports to the British government and by placing restrictions on the company's trade activities.
Provisions for the appointment of a council of four: The act provided for the appointment of a council of four to assist the Governor-General in making decisions.
Overall, the Regulating Act of 1773 was an important step in the British government's efforts to regulate and control British India. It paved the way for further reforms and changes in the administration of British India in the years to come.
Pitts India act of 1784Â
The Pitt's India Act of 1784 was an important law passed by the British Parliament to regulate the administration of British India. Here are some important features of this act that students should know, presented in bullet points:
The act was introduced by British Prime Minister William Pitt the Younger in response to corruption and mismanagement in the East India Company.
It established a Board of Control that was responsible for overseeing the affairs of the East India Company and had the power to veto the company's decisions.
The Board of Control was composed of six members of the British Privy Council who were appointed by the British Crown and had the power to supervise and direct the East India Company's policies and actions.
The act created a clear distinction between the political and commercial functions of the East India Company.
It allowed the British government to intervene in the administration of India by giving the Board of Control the power to appoint and dismiss the Governor-General and other senior officials in India.
The Governor-General of India was given greater powers to make decisions, but he was also made more accountable to the British government through the Board of Control.
The act also provided for the establishment of a Court of Directors that was responsible for managing the commercial affairs of the East India Company.
Overall, the Pitt's India Act of 1784 was an important step in the British government's efforts to regulate and control British India, and it laid the foundation for further reforms in the administration of British India in the years to come.
Charter act of 1833Â
The Charter Act of 1833 was a significant piece of legislation passed by the British Parliament to regulate and reform the governance of British India. Here are some of its key features:
Renewal of the East India Company's charter: The act renewed the East India Company's charter for another 20 years, ensuring the continuation of the company's monopoly over British trade with India.
Abolition of company trading rights: The act abolished the East India Company's monopoly over trade with China and abolished the company's trading rights in India, allowing other British merchants to trade freely.
Appointment of a Governor-General for all of India: The act created the position of Governor-General of India, who would have authority over all of British India, including the presidencies of Madras and Bombay.
Introduction of a system of open competition: The act introduced a system of open competition for appointments to the civil service in India, allowing Indians to compete with Europeans for positions.
Establishment of a Law Commission: The act established a Law Commission to recommend and implement reforms in the Indian legal system.
Introduction of English as the language of instruction: The act made English the language of instruction in all government-funded schools and colleges in India.
Prohibition of slavery: The act prohibited the transportation of Indian slaves to other countries and abolished slavery within the British Empire.
Overall, the Charter Act of 1833 was a significant milestone in the history of British India, as it introduced several important reforms that would have a lasting impact on the governance and administration of the country.
Charter act of 1853Â
The Charter Act of 1853 was a significant piece of legislation passed by the British Parliament to regulate and reform the governance of British India. Here are some of its key features:
Establishment of the Indian Legislative Council: The act established the Indian Legislative Council, which was a legislative body that consisted of both official and non-official members. However, the majority of its members were still appointed by the British government.
Introduction of the portfolio system: The act introduced the portfolio system, which meant that the Governor-General was to appoint a council of ministers to assist him in the administration of India. Each minister was responsible for a specific department or portfolio.
Expansion of civil service opportunities: The act expanded opportunities for Indians to enter the civil service by introducing competitive examinations for entry into the Indian Civil Service.
Abolition of Company monopoly over public works: The act abolished the East India Company's monopoly over public works in India, allowing private companies to bid for government contracts.
Establishment of the Public Service Commission: The act established the Public Service Commission, which was responsible for conducting competitive examinations for entry into the Indian Civil Service.
Introduction of legal reforms: The act introduced several legal reforms, including the appointment of a Law Member to the Governor-General's council, the establishment of High Courts in major cities, and the introduction of the concept of the rule of law.
Expansion of religious freedom: The act expanded religious freedom in India by abolishing laws that discriminated against non-Christians and by allowing Hindus and Muslims to be witnesses in court cases.
Overall, the Charter Act of 1853 was an important step towards further reform and modernization of the administration of British India, and it had a significant impact on the country's political, social, and economic landscape.
- The Government of India Act, 1858
The Government of India Act, 1858, also known as the Act for the Better Government of India, was a significant constitutional reform that abolished the British East India Company's rule in India and transferred the administration to the British Crown.
The act was passed in the aftermath of the Indian Rebellion of 1857, which had highlighted the need for tighter control and oversight of British interests in India.
The act established the British Raj, which lasted until India gained independence in 1947.
The act gave the British monarch the power to rule India directly through a Secretary of State for India, who was responsible for Indian affairs and oversaw the administration of the country.
The act abolished the East India Company's trading activities and assumed all its assets and liabilities, including its control over India's army and finances.
The act established a new executive council, consisting of the Viceroy and six members appointed by the British Crown, to assist in the administration of India.
The act introduced a system of local government, with provincial governments consisting of Lieutenant Governors or Chief Commissioners appointed by the British Crown and legislative councils with limited powers.
The act expanded the scope of the Indian Civil Service, which became the primary means of governing India and controlling the administration at all levels.
The act provided for religious freedom and the protection of property rights, but it also maintained the British policy of divide and rule, creating separate electorates for Muslims and other minorities to prevent them from forming a united front against British rule.
The act was significant in India's history, marking the beginning of a new phase of British colonial rule and shaping the country's political, economic, and social landscape for decades to come.
The Indian Councils Act of 1861
The Indian Councils Act of 1861 was a significant constitutional reform that aimed to increase Indian participation in the governance of British India. The main features of the act are:
The act expanded the legislative councils established under the Government of India Act of 1858, providing for the appointment of additional members to the councils, including Indians.
The act introduced the concept of representation, whereby some members of the legislative councils were to be elected by local bodies and some nominated by the British government.
The act created separate legislative councils for Bengal, the North-Western Provinces, and Punjab, while the other provinces had a united legislative council.
The act allowed the legislative councils to discuss and deliberate on the budget, but the power to approve or reject the budget remained with the British government.
The act empowered the legislative councils to propose laws, but the British government retained the power to veto any legislation that it deemed unacceptable.
The act established the portfolio system, under which the Governor-General and Provincial Governors were assisted by a team of executive councillors who were responsible for specific departments.
The act provided for the establishment of a new body called the Legislative Department, which was responsible for drafting laws and regulations.
The act increased the number of Indians appointed to the civil service, but it did not provide for any Indian representation in the Viceroy's Executive Council or the Governor's Executive Council.
The act did not extend the right to vote or to hold office to the general Indian population and did not provide for the establishment of a representative government in India.
Overall, the Indian Councils Act of 1861 was an attempt to introduce limited political reforms that would increase Indian participation in the governance of British India while maintaining British control over the country's administration and legislative process.
INDIAN COUNCILS ACT OF 1892 MAIN FEATURESÂ
The Indian Councils Act of 1892, also known as the Morley-Minto Reforms, was a significant constitutional reform introduced by the British colonial government in India. The main features of the act are as follows:
Expanded the Legislative Councils: The act expanded the size of the legislative councils at the central and provincial levels and allowed for some members to be elected by a limited electorate.
Introduced Separate Electorates: The act introduced separate electorates for Muslims, which allowed them to elect their own representatives and participate in the legislative councils.
Limited Franchise: The act introduced a limited franchise, which restricted voting rights to those who met certain property and education qualifications.
Increased Executive Councils' Size: The act increased the size of the executive councils at the central and provincial levels and allowed for some members to be Indian.
Provided for the Association of Indians: The act provided for the association of Indians in the administration of the country by allowing them to be appointed to certain posts in the government.
Gave the Viceroy Veto Power: The act gave the Viceroy the power to veto any decision of the legislative councils if he felt it was not in the best interest of the British Empire.
Limited Powers of the Legislative Councils: The act limited the powers of the legislative councils and did not allow them to make laws on certain subjects, such as finance and foreign affairs.
Overall, the Indian Councils Act of 1892 was an attempt by the British colonial government to give the Indian people some representation in the government while still maintaining their control over the country. However, the act fell short of the Indian nationalist demand for complete self-government and was viewed by many Indians as a token gesture.
INDIAN COUNCILS ACT OF 1909 MAIN FEATURES
The Indian Councils Act of 1909, also known as the Morley-Minto Reforms, was a significant constitutional reform introduced by the British government to give Indians a greater role in the administration of their own country. The main features of the act are:
Introduction of the principle of election: The act introduced the principle of election for the first time in India, allowing a limited number of Indians to participate in the legislative councils at the central and provincial levels. The number of elected members varied depending on the size of the province, and the electorate was restricted to a small section of the population based on property qualifications.
Separate Electorates: The act introduced separate electorates for Muslims, which meant that Muslim representatives would be elected only by Muslim voters. This was done to give Muslims a greater say in the political process and to counter the rising influence of the Indian National Congress, which was dominated by Hindus.
Expansion of Legislative Councils: The act expanded the size of the legislative councils at the central and provincial levels, allowing for greater representation of Indians in the decision-making process. However, the legislative councils remained advisory in nature, and the real power continued to rest with the British governor and the executive council.
Increase in official and nominated members: The act increased the number of official and nominated members in the legislative councils, ensuring that the British government retained a majority and could control the legislative agenda.
Introduction of the principle of communal representation: The act introduced the principle of communal representation, which meant that seats were reserved for certain communities, such as Muslims, Sikhs, and Europeans, in the legislative councils.
Limited franchise: The act introduced a limited franchise based on property qualifications, which meant that only a small section of the population was eligible to vote and participate in the political process.
Overall, the Indian Councils Act of 1909 marked a significant step towards Indian self-government, but it fell short of the Indian nationalist demands for full and representative democracy. The act was seen as a tactical move by the British government to placate the growing Indian nationalist movement and to create divisions among different communities based on religion and ethnicity.
GOVERNMENT OF INDIA ACT OF 1919 MAIN FEATURES
The Government of India Act of 1919, also known as the Montagu-Chelmsford Reforms, was a significant constitutional reform introduced by the British government to give Indians a greater role in the administration of their own country. The main features of the act are:
Introduction of the principle of responsible government: The act introduced the principle of responsible government at the provincial level, which meant that Indian ministers would be responsible to the provincial legislative council, rather than to the British governor. This was a significant step towards Indian self-government and reflected the growing demand for representative democracy in India.
Expansion of legislative councils: The act expanded the size of the legislative councils at the central and provincial levels, allowing for greater representation of Indians in the decision-making process. The number of elected members was increased, and the electorate was expanded to include a larger section of the population.
Introduction of diarchy: The act introduced a system of diarchy, which meant that certain areas of government, such as education, health, and local government, were transferred to Indian ministers, while the British government retained control over other areas, such as finance, law, and order. This was done to gradually transfer power to Indians while maintaining British control over key areas of government.
Separation of powers: The act separated the executive and legislative functions of the government, allowing for greater accountability and transparency in the decision-making process.
Protection of minority rights: The act provided for the protection of minority rights, including the rights of Muslims and other minority communities. Separate electorates were continued for Muslims, and reserved seats were provided for other minority communities in the legislative councils.
Limited franchise: The act introduced a limited franchise based on property qualifications, which meant that only a small section of the population was eligible to vote and participate in the political process.
Overall, the Government of India Act of 1919 marked a significant step towards Indian self-government, but it fell short of the Indian nationalist demands for full and representative democracy. The act was seen as a tactical move by the British government to placate the growing Indian nationalist movement and to create divisions among different communities based on religion and ethnicity.
SIMON COMMISSION
The Simon Commission was a group of seven British politicians who were appointed by the British government in 1927 to review and report on the working of the Government of India Act of 1919 and to recommend future constitutional reforms for India. The main features of the Simon Commission are:
Appointment and composition: The Simon Commission was appointed by the British government in 1927 and consisted of seven British politicians, with John Simon as the chairman.
Terms of reference: The Simon Commission was tasked with reviewing the working of the Government of India Act of 1919 and making recommendations for future constitutional reforms in India.
Indian response: The appointment of an all-British commission to review India's constitutional arrangements was met with widespread opposition in India. The Indian National Congress and other political organizations boycotted the commission, arguing that it was a ploy to delay India's progress towards self-government.
The Nehru Report: In response to the Simon Commission, the Indian National Congress appointed a committee under the leadership of Jawaharlal Nehru to draft a report on future constitutional reforms in India. The Nehru Report recommended complete independence for India and the establishment of a federal system of government.
White Paper: In 1930, the British government published a White Paper in response to the Simon Commission's report, which proposed limited constitutional reforms, including the establishment of a federation of Indian provinces and the expansion of responsible government at the provincial level.
Failure to address Indian demands: The Simon Commission and the subsequent White Paper failed to address the Indian demands for complete independence and representative democracy. This led to widespread protests and civil disobedience movements in India, culminating in the Indian independence movement and eventual independence in 1947.
Overall, the Simon Commission was a significant event in India's struggle for independence, as it highlighted the growing Indian demands for self-government and representative democracy, and exposed the limitations of British colonial rule in India.
GOVERNMENT OF INDIA ACT OF 1935 MAIN FEATURES
The Government of India Act of 1935 was a major constitutional reform introduced by the British government to address the growing demand for Indian self-government and to establish a federal system of government in India. The main features of the act are:
Federal structure: The act proposed a federal system of government for India, dividing powers between the central government and the provinces. The central government was responsible for national defense, foreign affairs, and other important matters, while the provinces were given autonomy in areas such as education, health, and public works.
Provincial autonomy: The act provided for the establishment of autonomous provincial governments with elected ministers responsible to the provincial legislatures. The governor was the head of the province but had limited powers.
Limited franchise: The act introduced a limited franchise based on property qualifications, which meant that only a small section of the population was eligible to vote and participate in the political process.
Communal representation: The act continued the policy of separate electorates for Muslims and other minority communities, providing them with reserved seats in the legislative assemblies.
Establishment of a federal court: The act established a Federal Court to adjudicate disputes between the central government and the provinces and to hear appeals from the provincial high courts.
Abolition of Diarchy: The act abolished the system of diarchy introduced by the Government of India Act of 1919 and made the provincial governments fully responsible for their own administration.
Establishment of the Reserve Bank of India: The act provided for the establishment of the Reserve Bank of India as the central bank of the country.
Establishment of the Public Service Commission: The act established the Public Service Commission to regulate the recruitment and appointment of civil servants in India.
Overall, the Government of India Act of 1935 was a significant constitutional reform that established a federal system of government in India and provided greater autonomy to the provinces. However, it was criticized by Indian nationalist leaders for not providing complete independence or full democratic representation, and for continuing the policy of communal representation. The act was eventually replaced by the Indian Independence Act of 1947, which granted India independence and established a democratic system of government.
INDIAN INDEPENDENCE ACT OF 1947 MAIN FEATURES
The Indian Independence Act of 1947 was a British law that provided for the partition of India and the creation of two independent dominions of India and Pakistan. The main features of the act are:
Partition of India: The act provided for the partition of India into two independent dominions of India and Pakistan, with each dominion having its own government and constitution.
Power transfer: The act transferred the powers of the British government in India to the newly established governments of India and Pakistan. The British monarchy remained the ceremonial head of state of both dominions until they adopted their own constitutions.
Abolition of British suzerainty: The act abolished British suzerainty over the princely states, which were given the option to accede to either India or Pakistan or to remain independent.
Religious division: The partition was based on religious lines, with Pakistan being created as a homeland for Muslims and India being a secular state with a Hindu majority.
Communal violence: The partition was accompanied by widespread communal violence, with millions of Hindus, Muslims, and Sikhs being displaced and killed.
Transfer of power date: The act set August 15, 1947, as the date for the transfer of power from British to Indian and Pakistani governments.
Commonwealth membership: The act provided for the membership of India and Pakistan in the Commonwealth of Nations, a voluntary association of former British colonies and territories.
Overall, the Indian Independence Act of 1947 marked the end of British colonial rule in India and the beginning of a new era of Indian and Pakistani independence. However, it was accompanied by widespread communal violence and displacement, which continue to shape the politics and society of India and Pakistan to this day.
INTERIM GOVERNMENT OF INDIA 1946 MEMBERS AND THEIR PORTFOLIOS HELD
The Interim Government of India was formed in 1946, before India gained independence in 1947. The members of the Interim Government and their portfolios were as follows:
Jawaharlal Nehru - Prime Minister, External Affairs, Commonwealth Relations, and Scientific Research
Sardar Vallabhbhai Patel - Home, Information and Broadcasting, States, and Legal Affairs
Rajendra Prasad - Food and Agriculture, Education
C. Rajagopalachari - Industry and Supplies, Information and Broadcasting
Dr. B.R. Ambedkar - Law, Labour, and Rehabilitation
Jagjivan Ram - Labour, Irrigation, and Power
John Mathai - Railways, Transport, and Communications
Sardar Baldev Singh - Defence
Asaf Ali - Finance and Statistics, Education
K. M. Munshi - Agriculture and Food, Works, and Mines
Rafi Ahmed Kidwai - Communications and Agriculture
Jawaharlal Nehru was the leader of the Interim Government and held the position of Prime Minister. Sardar Vallabhbhai Patel was the Deputy Prime Minister and held the Home portfolio. Other notable members included Dr. B.R. Ambedkar, who held the Law, Labour, and Rehabilitation portfolio and played a key role in drafting India's constitution, and Rajendra Prasad, who later became India's first President. The Interim Government of India played a crucial role in the transition to Indian independence, as it was responsible for governing the country until the transfer of power from British to Indian hands.
FIRST CABINET OF FREE INDIA 1947
The first Cabinet of Free India was formed on August 15, 1947, the day India gained independence from British colonial rule. The Cabinet was headed by the first Prime Minister of India, Jawaharlal Nehru, and consisted of 15 members, including Nehru himself. The members of the first Cabinet of Free India and their portfolios were as follows:
Jawaharlal Nehru - Prime Minister, External Affairs, and Scientific Research
Sardar Vallabhbhai Patel - Home, States, and Information and Broadcasting
Rajendra Prasad - Food and Agriculture, Education
John Mathai - Railways, Transport, and Communications
Sardar Baldev Singh - Defence
C. Rajagopalachari - Governor-General of India (he later resigned in 1948)
Jagjivan Ram - Labour
Dr. B.R. Ambedkar - Law and Justice, Labour, and Rehabilitation
Asaf Ali - Railways, Transport, and Communications (later shifted to Industry and Supply)
Abdul Kalam Azad - Education
K. C. Neogy - Planning and Development
Rafi Ahmed Kidwai - Communications, Agriculture, and Irrigation
Shanmukham Chetty - Finance
Sardar Swaran Singh - Works, Mines, and Power
Rajkumari Amrit Kaur - Health
The first Cabinet of Free India played a crucial role in the early years of India's independence, as it was responsible for setting up the new government and dealing with the challenges of post-colonial India.
2. Making of the Indian Constitution
Demand for a Constituent Assembly in India:
The demand for a Constituent Assembly in India was a key aspect of India's struggle for independence from British rule. The demand was first made by the Indian National Congress in 1935, and it was subsequently endorsed by other political parties and groups in India. The idea behind the demand was to create a platform for the people of India to draft their own constitution and to establish a democratic system of government in the country.
MN Roy:
Manabendra Nath Roy, also known as MN Roy, was a Bengali revolutionary and a leading figure in the Indian independence movement. Roy was one of the early advocates of communism in India and was instrumental in establishing the Communist Party of India. He was a strong proponent of the demand for a Constituent Assembly in India and believed that the Indian people should have the right to draft their own constitution.
August Offer:
The August Offer was a proposal made by the British government in August 1940, during World War II, to give India more self-governance within the British Empire. The proposal included the establishment of an Indian Union with a new constitution, a Constituent Assembly, and a representative body with Indian participation in the war effort. However, the proposal was rejected by the Indian National Congress, which demanded complete independence for India.
Cripps Proposals:
The Cripps Proposals were a set of proposals made by Sir Stafford Cripps, a British politician, in March 1942, during World War II. The proposals offered India dominion status and the right to secede from the British Commonwealth, as well as the formation of a Constituent Assembly to draft a new constitution for India. However, the proposals were also rejected by the Indian National Congress, which insisted on complete independence for India.
WORKING OF THE CONSTITUENT ASSEMBLY
The Constituent Assembly was a body of representatives elected by the people of India to draft a constitution for independent India. The Assembly consisted of 389 members, with representatives from all the princely states and provinces of British India.
Here are the key points on the working of the Constituent Assembly:
Election: The members of the Constituent Assembly were elected by indirect election. The members of the provincial assemblies were eligible to vote for the members of the Constituent Assembly.
Sessions: The Constituent Assembly held its first meeting on December 9, 1946, and continued to meet until November 26, 1949, when the final draft of the constitution was adopted. The Assembly held a total of 11 sessions during this period.
Committees: The Constituent Assembly formed various committees to draft different aspects of the constitution. The most important of these committees was the Drafting Committee, which was responsible for preparing the final draft of the constitution.
Debates and Discussions: The debates and discussions in the Constituent Assembly were lively and intense. Members of the Assembly discussed various issues related to the constitution, including fundamental rights, the structure of the government, the role of the judiciary, and the relationship between the Union and the states.
Adoption of the Constitution: The final draft of the constitution was adopted on November 26, 1949, after almost three years of deliberations. The Constitution came into effect on January 26, 1950, marking the beginning of India's status as a republic.
Overall, the Constituent Assembly worked tirelessly to draft a constitution that would serve as the foundation for India's democracy. The Constitution has since been amended several times to meet the changing needs of the country, but its basic principles remain unchanged.
OBJECTIVE RESOLUTION
The Objective Resolution was a landmark resolution moved by Jawaharlal Nehru, the first Prime Minister of independent India, in the Constituent Assembly on December 13, 1946. It laid down the basic principles and objectives that would guide the framing of the Constitution of India.
Here are the key points on the Objective Resolution:
Key Principles: The Objective Resolution laid down the key principles that would guide the framing of the Constitution. These included democracy, socialism, secularism, and the rule of law.
Vision for India: The resolution expressed the vision for a democratic and sovereign India, where every citizen had equal rights and opportunities, and where social and economic justice would be ensured.
Preamble: The Preamble of the Constitution of India is based on the principles and objectives outlined in the Objective Resolution. The Preamble declares India to be a sovereign, socialist, secular, democratic, and republic country.
Debates and Discussions: The Objective Resolution was debated and discussed in the Constituent Assembly before it was adopted. Some members of the Assembly opposed the resolution, while others supported it.
Historical Significance: The Objective Resolution is significant as it set the tone for the framing of the Constitution of India. It reflected the hopes and aspirations of the people of India, who had just gained independence after years of struggle against colonialism.
Overall, the Objective Resolution laid down the basic principles and objectives that would guide the framing of the Constitution of India. It reflected the vision of a democratic and sovereign India, where every citizen had equal rights and opportunities, and where social and economic justice would be ensured.
COMMITTEES OF THE CONSTITUENT ASSEMBLY
During the framing of the Constitution of India, several committees were formed by the Constituent Assembly to work on specific areas of the Constitution. These committees were responsible for drafting various aspects of the Constitution, which were later debated and discussed in the Assembly before being adopted. Here are some of the key committees of the Constituent Assembly:
Drafting Committee: The most important committee of the Constituent Assembly was the Drafting Committee, which was responsible for preparing the final draft of the Constitution. The committee was chaired by Dr. B.R. Ambedkar and had seven other members.
Union Powers Committee: The Union Powers Committee was responsible for deciding the powers that would be vested in the Union government, and those that would be given to the states. The committee was chaired by Jawaharlal Nehru.
Provincial Constitution Committee: The Provincial Constitution Committee was responsible for drafting the Constitution of the states that would be part of the Union. The committee was chaired by Sardar Patel.
Advisory Committee on Fundamental Rights: The Advisory Committee on Fundamental Rights was responsible for drafting the chapter on Fundamental Rights in the Constitution. The committee was chaired by Sardar Patel.
Steering Committee: The Steering Committee was responsible for guiding the work of the Constituent Assembly and ensuring that the drafting of the Constitution proceeded smoothly. The committee was chaired by Rajendra Prasad.
Rules of Procedure Committee: The Rules of Procedure Committee was responsible for drafting the rules of procedure for the Constituent Assembly. The committee was chaired by Dr. Rajendra Prasad.
Minorities Committee: The Minorities Committee was responsible for drafting provisions for the protection of the rights of minorities in India. The committee was chaired by H.C. Mukherjee.
Overall, these committees played a crucial role in the framing of the Constitution of India. They worked tirelessly to draft various aspects of the Constitution, which were later debated and discussed in the Constituent Assembly before being adopted. The Constitution of India, thus, reflects the hard work and dedication of these committees, who worked tirelessly to create a Constitution that would guide India towards a democratic and just society.
MAJOR COMMITTEEEES
There were several committees formed by the Constituent Assembly during the framing of the Constitution of India, but some of the major committees that played a critical role in the process are:
Drafting Committee: The Drafting Committee was one of the most important committees of the Constituent Assembly. It was responsible for preparing the final draft of the Constitution. The committee was chaired by Dr. B.R. Ambedkar and had seven other members. The committee worked for 2 years, 11 months and 18 days to prepare the final draft of the Constitution, which was adopted on November 26, 1949.
Union Powers Committee: The Union Powers Committee was responsible for deciding the powers that would be vested in the Union government and those that would be given to the states. The committee was chaired by Jawaharlal Nehru and had 15 other members. The committee played a crucial role in deciding the federal structure of the Indian Constitution.
Advisory Committee on Fundamental Rights: The Advisory Committee on Fundamental Rights was responsible for drafting the chapter on Fundamental Rights in the Constitution. The committee was chaired by Sardar Patel and had 9 other members. The Fundamental Rights are one of the most important parts of the Constitution, and this committee played a crucial role in drafting them.
Minorities Committee: The Minorities Committee was responsible for drafting provisions for the protection of the rights of minorities in India. The committee was chaired by H.C. Mukherjee and had 15 other members. The committee played a critical role in ensuring that the Constitution protected the rights of all citizens, regardless of their religion, caste, or creed.
Steering Committee: The Steering Committee was responsible for guiding the work of the Constituent Assembly and ensuring that the drafting of the Constitution proceeded smoothly. The committee was chaired by Dr. Rajendra Prasad and had 14 other members. The committee played a crucial role in ensuring that the Constituent Assembly worked efficiently and effectively.
Overall, these committees played a crucial role in the framing of the Constitution of India. They worked tirelessly to draft various aspects of the Constitution, which were later debated and discussed in the Constituent Assembly before being adopted. The Constitution of India reflects the hard work and dedication of these committees, who worked tirelessly to create a Constitution that would guide India towards a democratic and just society.
MINOR COMMITTEES
Along with the major committees, there were several minor committees formed by the Constituent Assembly to work on specific issues related to the framing of the Constitution. Here are some of the minor committees of the Constituent Assembly:
Committee on the Functions of the Constituent Assembly: This committee was responsible for deciding the functions of the Constituent Assembly after the Constitution was adopted. The committee was chaired by Jawaharlal Nehru and had 4 other members.
Credentials Committee: The Credentials Committee was responsible for scrutinizing the credentials of the members of the Constituent Assembly. The committee was chaired by Alladi Krishnaswamy Ayyar and had 4 other members.
Provincial Constitution Committee: The Provincial Constitution Committee was responsible for drafting the Constitution of the states that would be part of the Union. The committee was chaired by Sardar Patel and had 7 other members.
Linguistic Provinces Commission: The Linguistic Provinces Commission was responsible for deciding the linguistic provinces of India. The committee was chaired by S.K. Dar and had 9 other members.
Finance and Staff Committee: The Finance and Staff Committee was responsible for deciding the budget and staff of the Constituent Assembly. The committee was chaired by H.V.R. Iyengar and had 3 other members.
Overall, these minor committees played an important role in the framing of the Constitution of India. They worked on specific issues related to the framing of the Constitution and provided recommendations that helped the major committees in their work. The contributions of these minor committees were crucial in shaping the final Constitution of India.
DRAFTING COMMITTEE
The Drafting Committee was one of the most important committees of the Constituent Assembly of India. It was responsible for preparing the final draft of the Constitution of India. The committee was chaired by Dr. B.R. Ambedkar, who is also known as the "Father of the Indian Constitution." The other members of the committee were:
Alladi Krishnaswamy Ayyar
K.M. Munshi
Gopalaswami Ayyangar
N. Madhava Rao
B.L. Mitter
D.P. Khaitan
T.T. Krishnamachari
The Drafting Committee was constituted on August 29, 1947, and it worked for almost two years to prepare the final draft of the Constitution of India. The committee held several meetings and discussions to finalize the provisions of the Constitution, which were later debated and discussed in the Constituent Assembly.
Dr. B.R. Ambedkar played a pivotal role in the drafting of the Constitution. He is widely regarded as one of the most prominent and influential figures in the history of Indian democracy. He was a visionary leader who believed in the principles of equality, justice, and liberty. His vision for an inclusive and democratic India is reflected in the Constitution that he helped to draft.
The Drafting Committee faced several challenges during the drafting process, including disagreements among the members on certain provisions of the Constitution. However, they worked tirelessly to overcome these challenges and prepare a Constitution that reflected the aspirations of the Indian people.
The Constitution of India was adopted by the Constituent Assembly on November 26, 1949, and it came into effect on January 26, 1950. The Constitution is a remarkable document that reflects the diversity, unity, and democratic spirit of India. The Drafting Committee played a crucial role in the making of this historic document, and their contributions will always be remembered and celebrated.
CRITICISM OF THE CONSTITUENT ASSEMBLY
The Constituent Assembly of India has been both praised and criticized for its role in the framing of the Constitution. Some of the criticisms of the Constituent Assembly are:
Lack of representation: The Constituent Assembly was not fully representative of the Indian population. The members of the Assembly were elected by the Provincial Legislatures, which were themselves not fully representative of the people. The Assembly also did not include members elected by the princely states, which made up a significant portion of the Indian population.
Elitist nature: The Constituent Assembly was dominated by elites and the upper castes, which meant that the interests of marginalized groups and communities were not adequately represented. This led to concerns that the Constitution would not adequately address the needs and concerns of these groups.
Imbalance of power: The Constituent Assembly had significant powers, which were not subject to judicial review. This meant that there was a potential for abuse of power by the Assembly, which could lead to the infringement of the rights of citizens.
Slow progress: The Constituent Assembly took almost three years to finalize the Constitution, which some people viewed as a slow and inefficient process. This delay led to concerns that the Assembly was not adequately responsive to the needs and concerns of the people.
Influence of the British: Some critics argue that the Constitution of India is heavily influenced by the British legal system and that it did not adequately address the specific needs and concerns of India.
Despite these criticisms, the Constituent Assembly of India is widely regarded as a remarkable achievement and a defining moment in Indian history. The Constitution of India has provided a stable and democratic framework for the country, and it has helped to establish India as a leading democracy in the world.
3. Salient Features of the Indian Constitution
SALIENT FEATURES OF THE INDIAN CONSTITUTION
The Indian Constitution is a comprehensive document that outlines the framework of the Indian government and society. Some of the salient features of the Indian Constitution are:
Federalism: The Indian Constitution provides for a federal system of government, with powers divided between the central government and the state governments. The Constitution outlines the respective powers and responsibilities of the central and state governments, and it also provides for a system of checks and balances between the two.
Parliamentary system: The Indian Constitution provides for a parliamentary form of government, with the Prime Minister as the head of government and the President as the head of state. The Parliament is made up of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), and it is responsible for making laws and overseeing the functioning of the government.
Fundamental rights: The Indian Constitution guarantees a range of fundamental rights to its citizens, including the right to equality, freedom of speech and expression, and the right to life and personal liberty. These rights are enforceable by the courts and are an important safeguard against government overreach.
Directive principles of state policy: The Indian Constitution also includes a set of directive principles of state policy, which provide guidance to the government on matters such as social justice, economic development, and environmental protection. While these principles are not enforceable by the courts, they serve as a moral and ethical compass for the government.
Independent judiciary: The Indian Constitution provides for an independent judiciary, with the Supreme Court at the apex of the judicial system. The courts are responsible for interpreting the Constitution and ensuring that the government and individuals uphold the rule of law.
Secularism: The Indian Constitution enshrines the principle of secularism, which means that the state is neutral with respect to religion and does not promote or discriminate against any particular religion.
Single citizenship: Unlike some other federal systems, the Indian Constitution provides for a single citizenship, which is granted to all citizens of India regardless of which state they live in.
These are some of the salient features of the Indian Constitution. The Constitution has been amended several times since it was first adopted in 1950, but these core features have remained largely unchanged and continue to shape the functioning of Indian democracy.
INDIAN CONSTUTIONAL FEATURES DRAWN FROM VARIOUS SOURCES
The Indian Constitution draws on a variety of sources for its features and provisions. Some of the major sources from which the Indian Constitution drew inspiration are:
Government of India Act, 1935: The Indian Constitution borrowed several provisions from the Government of India Act, 1935, which was the main constitutional document for India during the colonial period. These included provisions on federalism, the structure of government, and the role of the judiciary.
Constitutions of other countries: The Indian Constitution drew inspiration from the constitutions of several other countries, including the United States, the United Kingdom, Australia, Canada, and Ireland. For example, the Indian Constitution borrowed the concept of a written constitution from the United States, the parliamentary system from the United Kingdom, and the provision for an independent judiciary from Australia.
The French Revolution: The Indian Constitution was also influenced by the ideas of the French Revolution, particularly the concept of liberty, equality, and fraternity. These principles are enshrined in the Preamble to the Constitution and are reflected in several of its provisions.
The Universal Declaration of Human Rights: The Indian Constitution draws heavily on the Universal Declaration of Human Rights, which was adopted by the United Nations in 1948. Many of the fundamental rights guaranteed by the Indian Constitution are based on the principles outlined in the Universal Declaration.
The Constituent Assembly debates: The Constituent Assembly of India debated and discussed various provisions of the Constitution before finalizing them. The debates and discussions were influenced by a range of ideas and philosophies, including Indian traditions, western political thought, and contemporary political developments.
These are some of the major sources from which the Indian Constitution drew inspiration for its features and provisions. The Constitution represents a unique blend of diverse ideas and philosophies, and it continues to serve as the foundation of Indian democracy and society.
THE CONSTITUTION OF INDIA AT A GLANCE
Here is a brief summary of the Constitution of India:
Preamble: The Preamble sets out the objectives and principles of the Constitution, including justice, liberty, equality, and fraternity.
Fundamental Rights: The Constitution guarantees a range of fundamental rights to Indian citizens, including the right to equality, freedom of speech and expression, and the right to life and personal liberty.
Directive Principles of State Policy: The Constitution includes a set of directive principles of state policy, which provide guidance to the government on matters such as social justice, economic development, and environmental protection.
Federalism: The Constitution provides for a federal system of government, with powers divided between the central government and the state governments.
Parliamentary System: The Constitution provides for a parliamentary form of government, with the Prime Minister as the head of government and the President as the head of state.
Separation of Powers: The Constitution provides for a separation of powers between the legislature, the executive, and the judiciary.
Independent Judiciary: The Constitution provides for an independent judiciary, with the Supreme Court at the apex of the judicial system.
Single Citizenship: The Constitution provides for a single citizenship for all Indian citizens, regardless of which state they live in.
Secularism: The Constitution enshrines the principle of secularism, which means that the state is neutral with respect to religion and does not promote or discriminate against any particular religion.
Amendments: The Constitution can be amended by a special procedure, which requires the approval of both houses of Parliament as well as the ratification of a majority of the state legislatures.
These are some of the key features of the Constitution of India. The Constitution has been amended several times since it was first adopted in 1950, but its fundamental principles and values have remained largely unchanged.
TOTAL ARTICLES OF THE INDIAN CONSTITUTION
The Indian Constitution originally had 395 articles divided into 22 parts and 8 schedules when it was adopted in 1950. However, since then, several amendments have been made to the Constitution, leading to an increase in the number of articles. As of September 2021, the Indian Constitution has 448 articles divided into 25 parts and 12 schedules.
The articles of the Indian Constitution cover a wide range of topics, including the structure and functioning of the government, the distribution of powers between the central and state governments, the fundamental rights and duties of citizens, the judiciary, elections, emergency provisions, and more. The Constitution is a living document that has been amended several times over the years to keep pace with changing social, economic, and political realities.
PARTS AND THEIR NAMES IN INDIAN CONSTITUTION
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The Indian Constitution is divided into 25 parts, each dealing with a specific subject matter. Here are the names of the parts and a brief description of their contents:
Part I: Union and its Territory - This part deals with the territory of India and the states and union territories that constitute the Indian Union.
Part II: Citizenship - This part deals with the rights and privileges of Indian citizens and the procedures for acquiring and losing citizenship.
Part III: Fundamental Rights - This part guarantees fundamental rights to Indian citizens, including the right to equality, freedom of speech and expression, and the right to life and liberty.
Part IV: Directive Principles of State Policy - This part provides guidance to the government on matters of social and economic welfare.
Part IVA: Fundamental Duties - This part lays down the fundamental duties of Indian citizens towards the nation.
Part V: The Union - This part deals with the structure, powers, and functioning of the Union government.
Part VI: The States - This part deals with the structure, powers, and functioning of the state governments.
Part VII: The States in Part B of the First Schedule - This part deals with the states that were specified in the First Schedule at the time of adoption of the Constitution.
Part VIII: The Union Territories - This part deals with the union territories and their administration.
Part IX: The Panchayats - This part deals with the constitutional provisions relating to the panchayats, which are local self-governance institutions.
Part IXA: The Municipalities - This part deals with the constitutional provisions relating to the municipalities, which are local self-governance institutions.
Part X: The Scheduled and Tribal Areas - This part deals with the special provisions for the scheduled areas and the tribal areas of India.
Part XI: Relations between the Union and the States - This part deals with the distribution of powers and responsibilities between the central and state governments.
Part XII: Finance, Property, Contracts and Suits - This part deals with financial matters, property rights, contracts, and legal suits.
Part XIII: Trade, Commerce and Intercourse within the Territory of India - This part deals with trade and commerce within India.
Part XIV: Services Under the Union and the States - This part deals with the recruitment and conditions of service for government employees.
Part XIVA: Tribunals - This part deals with the establishment and functioning of administrative tribunals.
Part XV: Elections - This part deals with the conduct of elections in India.
Part XVI: Special Provisions Relating to Certain Classes - This part deals with special provisions for socially and educationally backward classes.
Part XVII: Official Language - This part deals with the official languages of India.
Part XVIII: Emergency Provisions - This part deals with emergency provisions that can be invoked during times of crisis.
Part XIX: Miscellaneous - This part deals with miscellaneous provisions, including transitional provisions, amendments to the Constitution, and the power of the President to issue ordinances.
Part XX: Amendment of the Constitution - This part deals with the procedures for amending the Constitution.
Part XXI: Temporary, Transitional and Special Provisions - This part deals with temporary, transitional, and special provisions that were necessary at the time of adoption of the Constitution.
Part XXII: Short Title, Commenc
The Indian Constitution has a total of 12 schedules that provide detailed information about various aspects of the country's governance. Here's a brief overview of each schedule and their functions:
First Schedule: It contains details about the territories of India, including the names of states and union territories, and their respective territories.
Second Schedule: It contains provisions related to the emoluments, privileges, and allowances of the President, Vice-President, Governors, Judges, and other officials.
Third Schedule: It contains details about the oaths and affirmations to be taken by different public officials.
Fourth Schedule: It contains details about the allocation of seats in the Rajya Sabha (the upper house of the Indian Parliament) for each state and union territory.
Fifth Schedule: It contains provisions related to the administration and control of scheduled areas and tribes.
Sixth Schedule: It contains provisions related to the administration of tribal areas in the Northeastern states of India.
Seventh Schedule: It contains the Union List, State List, and Concurrent List, which provide details about the powers and responsibilities of the central and state governments.
Eighth Schedule: It contains a list of official languages recognized by the Constitution.
Ninth Schedule: It contains provisions related to laws that are immune from judicial review under certain circumstances.
Tenth Schedule: It contains provisions related to the disqualification of elected representatives on the grounds of defection.
Eleventh Schedule: It contains details about the powers and functions of Panchayats (local self-government institutions).
Twelfth Schedule: It contains details about the powers and functions of Municipalities.
Each schedule has a specific purpose and provides detailed information about different aspects of governance in India.
4. Preamble of the Constitution
PREAMBLE OF THE INDIAN CONSTITUTION
The Preamble of the Indian Constitution is an introductory statement that sets out the fundamental principles and values on which the Constitution is based. It serves as a guiding light for the interpretation and application of the Constitution. The Preamble reads as follows:
"We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens:
Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and opportunity;
and to promote among them all
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;
In our Constituent Assembly this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this Constitution."
The Preamble highlights the objectives and goals of the Indian Constitution. It declares India as a sovereign, socialist, secular, democratic republic, committed to ensuring justice, liberty, equality, and fraternity for all its citizens. The Preamble reflects the aspirations and values of the people of India and serves as a reminder to those in power of their responsibility to uphold these ideals. The Preamble has been amended only once, in 1976, to include the words "Socialist" and "Secular".
INGREDIENTS OF THE PREAMBLE
The Preamble of the Indian Constitution consists of several important ingredients that embody the spirit and values of the Indian Constitution. The key ingredients of the Preamble are:
We the People of India: The Preamble starts with the phrase "We the People of India", which reflects the sovereignty of the people of India and their ultimate authority in the governance of the country.
Sovereign: The term "Sovereign" signifies that India is a free and independent nation that has the power to govern itself and make decisions without any external interference.
Socialist: The term "Socialist" was added to the Preamble by the 42nd Constitutional Amendment in 1976. It signifies the commitment of the Indian state to promote social welfare and ensure social justice.
Secular: The term "Secular" was also added to the Preamble by the 42nd Constitutional Amendment. It signifies the impartiality of the Indian state towards all religions and the absence of any official state religion.
Democratic: The term "Democratic" signifies that the Indian state is a representative democracy, where citizens have the right to participate in the decision-making process through free and fair elections.
Republic: The term "Republic" signifies that the Indian state has an elected head of state, who is bound by the Constitution and the rule of law.
Justice: The Preamble ensures that all citizens of India have access to justice, including social, economic, and political justice.
Liberty: The Preamble guarantees that all citizens have the right to freedom of thought, expression, belief, faith, and worship.
Equality: The Preamble ensures that all citizens of India have equal status and opportunities, without any discrimination on the basis of religion, caste, gender, or race.
Fraternity: The Preamble promotes a sense of brotherhood and unity among all citizens of India, ensuring that the dignity of the individual and the unity and integrity of the nation are upheld.
These ingredients of the Preamble are the foundation upon which the Indian Constitution is built and serve as a guiding light for the interpretation and application of the Constitution.
SOVEREIGN
In the context of the Indian Constitution, the term "sovereign" means that India is a free and independent country, which has the power to govern itself without any external influence. The concept of sovereignty is one of the fundamental principles of international law, which recognizes that every country has the right to exercise its own independent authority over its territory and people.
The Preamble of the Indian Constitution declares India as a "sovereign" country, which means that India is not subject to any external control or authority. The Indian state has the power to make its own laws, regulate its own affairs, and conduct its own foreign policy without any interference from external forces.
The concept of sovereignty is an important feature of the Indian Constitution. The Constitution vests the ultimate authority to govern the country in the hands of the people of India. The Constitution also recognizes that the power to govern is derived from the people and is exercised through a democratic process.
The principle of sovereignty has been enshrined in various provisions of the Indian Constitution. For example, Article 246 of the Constitution empowers the Parliament and the State Legislatures to make laws within their respective jurisdictions. Similarly, Article 51 of the Constitution lays down the directive principles of state policy, which require the Indian state to promote international peace and security and maintain good relations with other countries.
Overall, the principle of sovereignty is a cornerstone of the Indian Constitution, which reflects India's commitment to upholding its independence and autonomy in the conduct of its affairs.
The term "Socialist" was added to the Preamble of the Indian Constitution by the 42nd Amendment Act in 1976. The inclusion of this term reflects the commitment of the Indian state towards promoting social welfare and ensuring social justice.
In the Indian context, socialism means that the state has a responsibility to promote the welfare of the people and reduce economic and social inequalities. The socialist principles of the Indian Constitution are reflected in several provisions, such as the right to work, education, and healthcare, as well as the Directive Principles of State Policy that require the state to promote economic and social justice.
The Indian Constitution recognizes that social and economic inequalities can hinder the progress of the country and the well-being of its people. The Constitution, therefore, seeks to promote a more equal and just society by ensuring that all citizens have access to basic necessities such as education, healthcare, and employment opportunities.
The Indian state has adopted several socialist policies to achieve this goal, such as land reforms, public distribution of essential goods, and government-funded healthcare and education programs. The state also regulates and controls certain sectors of the economy to ensure that wealth and resources are distributed fairly.
The inclusion of the term "Socialist" in the Preamble of the Indian Constitution reflects the commitment of the Indian state to promoting social and economic justice and building a more equal and just society.
SECULAR
The term "Secular" was added to the Preamble of the Indian Constitution by the 42nd Amendment Act in 1976. The inclusion of this term reflects the commitment of the Indian state towards maintaining religious neutrality and ensuring that no religion is given preferential treatment over others.
In the Indian context, secularism means that the state has no official religion and treats all religions equally. The Indian Constitution guarantees the freedom of religion to all citizens and prohibits discrimination based on religion. The state cannot favor or discriminate against any religion, and religious beliefs are a personal matter that is protected by law.
The Indian state follows the principle of separation of religion and state, where the state is not involved in religious affairs, and religion is not involved in the governance of the state. The state cannot interfere in religious practices unless it is necessary to maintain public order, morality, or health.
The inclusion of the term "Secular" in the Preamble of the Indian Constitution reflects the commitment of the Indian state to promoting religious harmony and ensuring that every citizen of India has the right to practice and propagate their religion freely. The Indian Constitution recognizes that India is a multi-religious and diverse society, and therefore, the state must ensure that every religion is treated equally and with respect.
Overall, the principle of secularism is a vital feature of the Indian Constitution, which reflects India's commitment to upholding religious freedom and promoting religious harmony.
DEMOCRATIC
The term "Democratic" is an essential feature of the Preamble of the Indian Constitution, which reflects India's commitment to a democratic form of government. In the Indian context, democracy means that the ultimate power to govern is vested in the hands of the people, who exercise this power through their elected representatives.
The Indian Constitution establishes a democratic system of government, which is based on the principles of representation, accountability, and participation. The Constitution provides for a parliamentary form of government, where the people elect their representatives to the Parliament and the State Legislatures.
The Constitution also guarantees several democratic rights to the citizens of India, such as the right to vote, the right to free and fair elections, the right to freedom of expression, and the right to form associations and unions.
The Indian Constitution ensures that the government is accountable to the people and is required to act in the best interests of the people. The Constitution also provides for the separation of powers between the executive, legislature, and judiciary, which ensures that no one branch of the government can become too powerful.
Overall, the term "Democratic" in the Preamble of the Indian Constitution reflects India's commitment to a government of the people, by the people, and for the people. It recognizes that the people are the ultimate source of power and that the government must be accountable to them at all times.
REPUBLIC
The term "Republic" in the Preamble of the Indian Constitution means that India is a country where the head of state is not a hereditary monarch but is elected by the people. The President of India, who is the head of state, is elected by an Electoral College comprising of the elected members of both houses of Parliament and the Legislative Assemblies of the states.
In a republic, the head of state represents the people and is responsible for upholding the Constitution and the laws of the country. The President of India plays an important role in the Indian political system, including the power to appoint the Prime Minister, Chief Justice of India, and other high-ranking officials.
The inclusion of the term "Republic" in the Preamble of the Indian Constitution reflects India's commitment to a democratic form of government where the head of state is elected by the people and is accountable to them. It also signifies the importance of the Constitution in the Indian political system and the role it plays in defining the powers and responsibilities of the various branches of the government.
Overall, the term "Republic" in the Preamble of the Indian Constitution reflects the principles of democracy, accountability, and the rule of law, which are the foundation of the Indian political system.
JUSTICE
The term "Justice" in the Preamble of the Indian Constitution reflects the commitment of the Indian state towards social, economic, and political justice for all its citizens. It means that every person in India has the right to be treated fairly and equitably, regardless of their social status, gender, religion, or economic background.
The Indian Constitution recognizes three types of justice: social, economic, and political. Social justice refers to the elimination of social inequalities, discrimination, and oppression. Economic justice refers to the equitable distribution of wealth and resources, and political justice refers to the equal participation of all citizens in the political process.
The Constitution guarantees several fundamental rights, such as the right to equality, the right to freedom, the right against exploitation, the right to education, and the right to constitutional remedies, which ensure that every person in India has access to justice and can seek redressal for any injustice done to them.
The Indian legal system, which is based on the principles of the rule of law, also ensures that justice is accessible to all citizens and that no one is above the law. The judiciary, which is independent of the executive and legislative branches of the government, plays an essential role in upholding justice and protecting the rights of citizens.
Overall, the term "Justice" in the Preamble of the Indian Constitution reflects India's commitment to creating a just and equitable society, where every citizen has equal access to opportunities and is treated fairly and equitably. It underscores the importance of eliminating social, economic, and political inequalities and upholding the principles of fairness, equality, and the rule of law.
LIBERTY
The term "Liberty" in the Preamble of the Indian Constitution signifies the freedom that every citizen of India enjoys in exercising their rights and living their lives. It refers to the freedom of thought, expression, belief, faith, and worship, among others.
The Constitution of India guarantees several fundamental rights to its citizens, such as the right to freedom of speech and expression, the right to move freely throughout the country, the right to practice any profession or occupation, and the right to form associations or unions. These rights ensure that every citizen has the liberty to express their opinions, beliefs, and ideas without fear of reprisal from the state.
The Indian Constitution also provides for certain restrictions on these rights, such as the reasonable restrictions on the freedom of speech and expression in the interest of public order or morality, and the right to life and personal liberty, which can be restricted only in accordance with the procedure established by law.
The term "Liberty" in the Preamble of the Indian Constitution reflects India's commitment to ensuring that its citizens enjoy the freedom to exercise their rights and lead their lives without undue interference from the state or any other entity. It emphasizes the importance of individual rights and freedoms in a democratic society and the need to protect these rights from infringement by any authority.
EQUALITY
The term "Equality" in the Preamble of the Indian Constitution signifies the commitment of the Indian state towards creating a society where every citizen is treated equally, irrespective of their caste, gender, religion, or economic status. It means that every citizen is entitled to the same rights, opportunities, and protection under the law, without any discrimination or prejudice.
The Indian Constitution guarantees equality before the law and prohibits discrimination based on caste, gender, religion, or place of birth. It also ensures equal opportunities for all citizens in matters of employment, education, and public service. The Constitution provides for affirmative action in favor of the socially and economically marginalized sections of the society to ensure their representation in public life and to enable their social and economic upliftment.
The Indian legal system also provides for the right to seek redressal against any violation of these principles of equality through the courts. The judiciary plays an essential role in upholding the principles of equality and ensuring that every citizen is treated fairly and equitably.
Overall, the term "Equality" in the Preamble of the Indian Constitution reflects India's commitment to creating a society where every citizen enjoys equal rights and opportunities, irrespective of their social or economic status. It underscores the importance of eliminating discrimination and ensuring that every citizen has equal access to opportunities and is treated fairly and equitably.
FRATERNITY
The term "Fraternity" in the Preamble of the Indian Constitution signifies the need for a spirit of brotherhood and community among all citizens of India. It emphasizes the importance of unity, solidarity, and mutual respect among all sections of society, regardless of their differences.
The concept of fraternity recognizes that India is a diverse society with different religions, cultures, languages, and beliefs. It stresses the need for citizens to live together in harmony and to work towards the common good of the nation.
Fraternity also implies a sense of responsibility towards the weaker sections of society and a commitment to upholding the dignity and rights of all citizens. It stresses the importance of empathy, compassion, and kindness towards fellow citizens and the need to work towards the well-being and welfare of all.
The concept of fraternity is closely linked to the principles of democracy, secularism, and social justice, which are enshrined in the Indian Constitution. It reflects India's commitment to creating a just, inclusive, and egalitarian society, where every citizen is treated with respect and dignity.
Overall, the term "Fraternity" in the Preamble of the Indian Constitution highlights the importance of unity, solidarity, and mutual respect among all citizens of India. It underscores the need for citizens to work together towards the common good of the nation, to uphold the dignity and rights of all citizens, and to create a just and inclusive society.
SIGNIFICANCE OF THE PREAMBLE
The Preamble of the Indian Constitution is significant in several ways:
It states the objectives and basic principles of the Indian Constitution, which serve as a guiding light for the interpretation of the Constitution.
It declares India to be a Sovereign, Socialist, Secular, Democratic, Republic, ensuring that the Indian state is committed to certain fundamental values.
The Preamble highlights the ideals of Justice, Liberty, Equality, and Fraternity, which are enshrined in the Indian Constitution and serve as the cornerstone of Indian democracy.
It emphasizes the importance of the people of India in shaping the destiny of the nation, as the Preamble begins with "We, the People of India..."
The Preamble also reflects the historical and cultural context of India, as it draws inspiration from the Indian freedom struggle, the teachings of great leaders such as Mahatma Gandhi and Jawaharlal Nehru, and the principles of the Indian Constitution.
The Preamble has been interpreted by the Supreme Court of India as an integral part of the Constitution, and several judgments have emphasized the significance of the Preamble in understanding the Constitution.
The Preamble serves as a source of inspiration and motivation for citizens, reminding them of the fundamental principles and values that underpin Indian democracy.
Overall, the Preamble of the Indian Constitution is significant in defining the objectives, values, and principles of Indian democracy. It highlights the ideals of Justice, Liberty, Equality, and Fraternity, which are the cornerstones of Indian democracy and serve as a source of inspiration and motivation for citizens.
PREAMBLE AS PART OF THE CONSTITUTION
The Preamble of the Indian Constitution is an integral part of the Constitution, and it serves as the introductory statement to the Constitution. The Preamble provides a brief summary of the essential features and values that the Constitution seeks to embody. While the Preamble is not enforceable in a court of law, it is significant in the interpretation and application of the Constitution.
The Preamble serves as a key to understanding the objectives, values, and principles of the Constitution. It sets the tone for the entire Constitution and provides the context for the interpretation of its provisions. The Preamble reflects the aspirations of the people of India and serves as a source of inspiration and motivation for citizens.
The Supreme Court of India has held that the Preamble is a part of the Constitution and is subject to judicial review. In the case of Kesavananda Bharati v. State of Kerala, the Supreme Court observed that the Preamble is a part of the Constitution and can be used to interpret ambiguous or unclear provisions of the Constitution.
The Preamble has also been amended once, in 1976, through the 42nd Amendment Act. The amendment added three new words, Socialist, Secular, and Integrity, to the Preamble, reflecting the changing socio-political context of the country.
In conclusion, the Preamble is an essential part of the Indian Constitution, serving as an introductory statement that summarizes the essential features and values of the Constitution. While not enforceable in a court of law, the Preamble is significant in the interpretation and application of the Constitution and reflects the aspirations and values of the people of India.
AMENDABILITY OF THE PREAMBLE
The Preamble of the Indian Constitution has been held by the Supreme Court to be a part of the Constitution and can be amended in accordance with the provisions of Article 368 of the Constitution, which lays down the procedure for amending the Constitution.
However, the Supreme Court has also held that the basic features of the Constitution, including the principles enshrined in the Preamble, cannot be amended. In the landmark case of Kesavananda Bharati v. State of Kerala, the Supreme Court held that while Parliament has the power to amend the Constitution, it cannot amend the Constitution in a way that destroys or alters its basic structure or framework. The Court held that the basic structure of the Constitution includes the principles of federalism, secularism, democracy, and the rule of law, which are reflected in the Preamble.
Therefore, while the Preamble can be amended, any amendment that seeks to alter or destroy the basic features of the Constitution or the fundamental principles enshrined in the Preamble may be struck down by the courts as unconstitutional.
In practice, the Preamble has been amended only once, through the 42nd Amendment Act of 1976, which added the words "Socialist, Secular, and Integrity" to the Preamble. The amendment was challenged in the Supreme Court, which held that the amendment did not alter the basic structure or framework of the Constitution.
In conclusion, the Preamble of the Indian Constitution can be amended in accordance with the provisions of Article 368, but any amendment that seeks to alter or destroy the basic features of the Constitution or the fundamental principles enshrined in the Preamble may be struck down as unconstitutional by the courts.
5. Union and its Territory
ARTICLE 1 TO 4 OF THE INDIAN CONSTITUTION UNION AND ITS TERRITORY
Article 1 to 4 of the Indian Constitution deal with the Union and its territory.
Article 1 declares India to be a Union of States, consisting of States and Union Territories. It also mentions the territories that form part of the Union, which includes the States, Union Territories, and any other territory that may be acquired by India in the future.
Article 2 provides for the admission or establishment of new States into the Union. It empowers the Parliament to pass a law for the admission or establishment of a new State in the Union, upon the recommendation of the President.
Article 3 deals with the formation of new States and alteration of boundaries, and provides for the Parliament to pass a law for the formation of a new State by separation of territory from any State or by merging two or more States or parts of States. It also allows for the alteration of the boundaries of any State, with the consent of the State Legislature.
Article 4 deals with the power of the Parliament to make laws for the creation or alteration of the boundaries of States. It allows the Parliament to pass a law to increase or decrease the area of any State, to alter the boundaries of any State, or to alter the name or territory of any State.
In summary, Articles 1 to 4 of the Indian Constitution lay down the framework for the Union and its territories. They provide for the Union to consist of States and Union Territories, and empower the Parliament to admit or establish new States, form new States by separation or merger of territories, and alter the boundaries and names of existing States.
PARLIAMENT POWER TO REORGANISE THE STATES
Under the Indian Constitution, Parliament has the power to reorganize the states of the Union. This power is derived from Article 3 of the Constitution, which deals with the formation of new states and alteration of areas, boundaries, and names of existing states.
Article 3 empowers Parliament to pass a law for the formation of a new state by separation of territory from any state or by merging two or more states or parts of states. It also allows for the alteration of the boundaries of any state, with the consent of the state legislature concerned.
The power of Parliament to reorganize states is a wide one, but it is not unfettered. The Supreme Court has held that Parliament must have a rational and objective basis for reorganizing states, and that the reorganization must be in the interest of national unity, integrity, and security. Parliament must also take into account the linguistic, cultural, and economic factors while reorganizing the states.
Over the years, several states have been reorganized through the exercise of this power. For example, the state of Andhra Pradesh was formed by the reorganization of the state of Madras in 1953, and the states of Chhattisgarh, Uttarakhand, and Jharkhand were formed in the year 2000 through the reorganization of the states of Madhya Pradesh, Uttar Pradesh, and Bihar, respectively.
In summary, Parliament has the power to reorganize the states of the Union under Article 3 of the Constitution, but this power is subject to certain limitations, and the reorganization must be based on a rational and objective basis, and in the interest of national unity, integrity, and security.
EVOLUTION OF STATES AND UNION TERRITORIES
The evolution of States and Union Territories in India is a long and complex process that spans several centuries. Here is a brief overview of how the States and Union Territories in India have evolved over time:
Pre-Independence Era: Prior to India's independence in 1947, the subcontinent was divided into several princely states and British-controlled territories. These princely states were ruled by local rulers who enjoyed considerable autonomy under the British Raj. At the time of independence, India had around 565 princely states, which were gradually integrated into the Indian Union through a process of negotiation and merger.
Post-Independence Era: After India gained independence, the country was initially divided into two categories of administrative units - the States and the Union Territories. The States were further classified into Part A, B, and C States based on their size, population, and revenue. In 1956, a reorganization of the States was undertaken, resulting in the creation of new linguistic states on the basis of language. This led to the creation of 14 States and 6 Union Territories.
Later Developments: Since the reorganization of States in 1956, there have been several changes in the administrative structure of India. In 1960, the State of Bombay was divided into two states - Maharashtra and Gujarat. In 1963, Nagaland became the 16th State of the Indian Union. In 1971, Meghalaya was carved out of Assam, and in 1972, the Union Territory of Manipur and Tripura were granted statehood. In 1987, Arunachal Pradesh and Mizoram were also granted statehood. More recently, in 2019, the state of Jammu and Kashmir was reorganized into two Union Territories - Jammu and Kashmir, and Ladakh.
Today, India consists of 28 States and 8 Union Territories. The States have their own elected governments, while the Union Territories are governed by the President of India through an appointed administrator.
INTEGRATION OF PRINCLEY STATES
The integration of princely states into the Indian Union after independence was a major challenge faced by the newly-formed Indian government. At the time of independence, there were around 565 princely states in India, each with its own ruler and administration. These princely states enjoyed a considerable degree of autonomy and were not directly under the control of the British Raj.
The integration of these princely states into the Indian Union was a complex and challenging process that was undertaken by the Indian government through a combination of negotiation, diplomacy, and force. Here are some of the key steps taken by the Indian government to integrate the princely states:
Negotiations: The Indian government initially tried to persuade the rulers of the princely states to accede to the Indian Union through negotiations. It offered them various incentives, including financial assistance, privy purses, and a guarantee of continued autonomy. Many of the rulers, however, were hesitant to join the Indian Union, and some even considered the option of remaining independent.
The Instrument of Accession: The Indian government then introduced the Instrument of Accession, which was a legal document that the rulers of the princely states had to sign in order to accede to the Indian Union. The document transferred control over the princely state's defense, foreign affairs, and communications to the Indian government, while allowing the state to retain control over other areas of governance.
Military Action: When negotiations and diplomacy failed, the Indian government resorted to military action to integrate certain princely states. This was particularly the case with the states of Hyderabad and Junagadh, which initially refused to accede to the Indian Union. The Indian government sent in its armed forces to annex these states, leading to a brief conflict with the local rulers.
Overall, the integration of princely states was a challenging but ultimately successful process for the Indian government. By 1950, all of the princely states had been integrated into the Indian Union, and the country had become a republic with a federal structure.
S. K DHAR COMMISSION AND JVP COMMITTEE REORGANIZATION OF THE INDIAN STATES
The S.K. Dhar Commission and the JVP Committee were two important committees that were set up by the Indian government to look into the reorganization of Indian states on linguistic lines.
The S.K. Dhar Commission was set up in 1948 under the chairmanship of Sardar Kartar Singh Dhar to examine the feasibility of reorganizing Indian states on the basis of linguistic and cultural factors. The commission submitted its report in 1949, which recommended the creation of states on linguistic lines.
The JVP Committee, also known as the States Reorganization Committee, was set up in 1953 under the chairmanship of Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya to consider the recommendations of the Dhar Commission and make concrete proposals for the reorganization of states. The committee submitted its report in 1955, which recommended the creation of states on linguistic lines, and proposed the formation of several new states, including Andhra Pradesh, Kerala, and Maharashtra.
Based on the recommendations of the JVP Committee, the Indian government passed the States Reorganization Act in 1956, which led to the creation of 14 states and 6 union territories in India. This was a significant step towards the reorganization of Indian states on linguistic lines, which has continued in the years since then with the creation of additional states such as Telangana and Uttarakhand.
The reorganization of Indian states on linguistic lines has had a significant impact on the country, enabling the creation of states that are more culturally and linguistically homogenous, and allowing for greater representation and participation by linguistic and cultural minorities in the political process.
FAZL ALI COMMISSION
The Fazl Ali Commission was a committee set up by the Indian government in 1953 to look into the demand for the creation of a separate state of Assam. The commission was headed by Justice Fazl Ali, and its other members included H.N. Kunzru and K.M. Panikkar.
The commission was formed in response to the growing demand for the creation of a separate state of Assam by the Assamese-speaking population of the state, who felt that their cultural and linguistic identity was being threatened by the dominance of Bengali-speaking people in the state.
The Fazl Ali Commission submitted its report in 1955, recommending the creation of a separate state of Assam, consisting of the Assamese-speaking districts of the state. The commission also recommended that the Bengali-speaking districts of Assam be merged with the state of West Bengal.
Based on the recommendations of the Fazl Ali Commission, the Indian government passed the States Reorganization Act in 1956, which led to the creation of the state of Assam. The new state consisted of the Assamese-speaking districts of the old state of Assam, as well as the Bengali-speaking districts of Sylhet, which were transferred from East Pakistan (now Bangladesh).
The creation of the state of Assam was a significant milestone in the reorganization of Indian states on linguistic lines, and it helped to address the concerns of the Assamese-speaking population of the state. However, the creation of the state also led to the displacement and marginalization of the Bengali-speaking population of the state, many of whom were forced to leave their homes and move to East Pakistan. This created lasting tensions between Assam and West Bengal, and contributed to the broader political and social challenges facing India in the years after independence.
6. Citizenship
Citizenship in India is governed by the Constitution of India and various acts passed by the Parliament of India.
The main articles in the Indian Constitution that deal with citizenship are:
Article 5: Citizenship at the commencement of the Constitution – Defines who was considered a citizen of India when the Constitution came into effect.
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan – Deals with citizenship rights of people who migrated from Pakistan to India after the partition of India in 1947.
Article 7: Rights of citizenship of certain migrants to Pakistan – Deals with the rights of citizens who migrated to Pakistan after the partition of India but later returned to India.
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India – Deals with the rights of people of Indian origin who live outside of India.
Article 9: Persons voluntarily acquiring citizenship of a foreign state not to be citizens – States that anyone who acquires citizenship of another country automatically loses their Indian citizenship.
In addition to the Constitution, there are various Acts that govern citizenship in India, including:
The Citizenship Act, 1955 – This act provides for the acquisition and termination of Indian citizenship.
The Citizenship (Amendment) Act, 2019 – This act amends the Citizenship Act of 1955 and provides a path to citizenship for certain non-Muslim immigrants from Afghanistan, Bangladesh, and Pakistan who came to India before December 2014.
The Registration of Citizens and Issue of National Identity Cards Rules, 2003 – These rules provide for the registration of citizens and the issuance of national identity cards.
The Foreigners Act, 1946 – This act provides for the deportation of illegal immigrants and the regulation of the entry of foreigners into India.
The Passports Act, 1967 – This act provides for the issuance of passports to Indian citizens and regulates travel outside India.
These are some of the main articles and acts that govern citizenship in India.
7. Fundamental Rights
Fundamental Rights are a set of rights that are guaranteed to all citizens of India by the Constitution of India. These rights are considered fundamental because they are essential for the overall development and well-being of individuals and society.
The fundamental rights in India are enshrined in Part III of the Constitution of India, from Articles 12 to 35. The main features of the fundamental rights are:
They are applicable to all citizens of India, regardless of their caste, creed, religion, gender, or place of birth.
They are enforceable by the courts, and citizens can approach the judiciary if their fundamental rights are violated.
The State is obligated to ensure that these rights are protected and enforced.
The seven fundamental rights in India are:
Right to Equality (Articles 14-18) - guarantees equality before the law and prohibits discrimination on the basis of religion, race, caste, gender, or place of birth.
Right to Freedom (Articles 19-22) - includes freedom of speech and expression, assembly, association, movement, and occupation.
Right against Exploitation (Articles 23-24) - prohibits trafficking, forced labour, and employment of children below the age of 14.
Right to Freedom of Religion (Articles 25-28) - guarantees the freedom to practice and propagate any religion of one's choice.
Cultural and Educational Rights (Articles 29-30) - guarantees the right of minorities to conserve their language, script, and culture.
Right to Constitutional Remedies (Article 32) - provides the right to move to the Supreme Court for the enforcement of fundamental rights.
Right to Life and Personal Liberty (Article 21) - guarantees the right to life and personal liberty, and protection from arbitrary arrest and detention.
These fundamental rights form the bedrock of the Indian Constitution and are considered essential for the overall development and well-being of individuals and society.
Right to Equality (Articles 14-18) - guarantees equality before the law and prohibits discrimination on the basis of religion, race, caste, gender, or place of birth.
The Right to Equality is guaranteed by Articles 14-18 of the Constitution of India. It guarantees that all individuals are equal before the law and that no discrimination can be made on the basis of religion, race, caste, gender, or place of birth. This means that every citizen has the same rights and opportunities, regardless of their background or status.
Article 14 of the Constitution of India states that the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India.
Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
Article 16 provides for equality of opportunity in matters of public employment and prohibits discrimination on the basis of religion, race, caste, sex, descent, place of birth, or residence.
Article 17 abolishes the practice of untouchability, which is a social evil that has been prevalent in India for centuries.
Article 18 prohibits the State from conferring titles and honours on individuals, which is a practice that is associated with feudalism and is considered against the principles of democracy and equality.
These articles together ensure that every citizen of India is treated equally before the law and has the same opportunities to succeed in life.
Right to Freedom (Articles 19-22) - includes freedom of speech and expression, assembly, association, movement, and occupation.
The Right to Freedom is guaranteed by Articles 19-22 of the Constitution of India. It includes various freedoms that are considered essential for the overall development and well-being of individuals and society.
Article 19 of the Constitution of India guarantees the following freedoms:
Freedom of speech and expression
Freedom to assemble peacefully and without arms
Freedom to form associations or unions
Freedom to move freely throughout the territory of India
Freedom to reside and settle in any part of the territory of India
Freedom to practice any profession, occupation, trade, or business
These freedoms are subject to reasonable restrictions, such as public order, morality, and the sovereignty and integrity of India.
Article 20 of the Constitution of India provides protection against ex post facto laws, double jeopardy, and self-incrimination.
Article 21 of the Constitution of India provides the right to life and personal liberty, which includes the right to live with dignity, the right to a fair trial, and the right to privacy.
Article 22 of the Constitution of India provides protection against arrest and detention in certain cases and provides for the right to be informed of the grounds of arrest and to consult and be defended by a legal practitioner of one's choice.
Together, these articles ensure that every citizen of India has the freedom to express their opinions, to associate with others, and to pursue their chosen profession or occupation without fear of persecution or arbitrary arrest or detention.
3. Right against Exploitation (Articles 23-24) - prohibits trafficking, forced labour, and employment of children below the age of 14.
The Right against Exploitation is guaranteed by Articles 23-24 of the Constitution of India. It prohibits various forms of exploitation and ensures that individuals are not subjected to forced labor or trafficking.
Article 23 of the Constitution of India prohibits trafficking in human beings, begar (forced labor), and other similar forms of forced labor. It also prohibits employment of children below the age of 14 years in any hazardous industries.
Article 24 of the Constitution of India provides that no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
These articles together ensure that individuals are not subjected to any form of exploitation or forced labor, and children are protected from being employed in hazardous industries that may jeopardize their health, safety, or overall development.
4. Right to Freedom of Religion (Articles 25-28) - guarantees the freedom to practice and propagate any religion of one's choice.
The Right to Freedom of Religion is guaranteed by Articles 25-28 of the Constitution of India. It guarantees the freedom of individuals to practice, profess, and propagate any religion of their choice.
Article 25 of the Constitution of India guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion. It also provides the freedom to manage religious affairs subject to public order, morality, and health.
Article 26 of the Constitution of India provides the right to establish and maintain religious institutions, and to manage them without interference from the State.
Article 27 of the Constitution of India prohibits the State from compelling any person to pay taxes for promoting or maintaining any particular religion or religious denomination.
Article 28 of the Constitution of India provides that no religious instruction shall be provided in any educational institution wholly maintained out of State funds.
These articles together ensure that every individual in India has the freedom to practice, profess, and propagate their religion without fear of persecution or discrimination. It also ensures that religious institutions have the right to manage their affairs without interference from the State.
Cultural and Educational Rights (Articles 29-30) - guarantees the right of minorities to conserve their language, script, and culture.
The Cultural and Educational Rights are guaranteed by Articles 29-30 of the Constitution of India. These articles are aimed at preserving the cultural and linguistic diversity of India and protecting the rights of minorities.
Article 29 of the Constitution of India guarantees the right of any section of citizens residing in any part of India having a distinct language, script, or culture to conserve the same. It also prohibits discrimination against any citizen on the grounds of their religion, race, caste, language, or any of them.
Article 30 of the Constitution of India provides the right of minorities to establish and administer educational institutions of their choice. It ensures that minorities have the right to impart education in their own language, and that the State shall not discriminate against any educational institution on the grounds that it is under the management of a minority.
These articles together ensure that minorities have the right to conserve their language, script, and culture, and have the right to establish and manage educational institutions of their choice. This helps to preserve India's cultural and linguistic diversity and ensures that minorities have equal opportunities for education and development.
Right to Life and Personal Liberty (Article 21) - guarantees the right to life and personal liberty, and protection from arbitrary arrest and detention.
The Right to Life and Personal Liberty is guaranteed by Article 21 of the Constitution of India. It is considered as one of the most important fundamental rights enshrined in the Constitution, and has been interpreted by the Supreme Court of India to include a wide range of rights related to human dignity and freedom.
Article 21 of the Constitution of India guarantees the right to life and personal liberty to every citizen of India. It ensures that no person shall be deprived of their life or personal liberty except according to the procedure established by law. It also provides protection from arbitrary arrest and detention, and guarantees the right to a fair trial.
The Supreme Court of India has interpreted Article 21 to include a wide range of rights related to human dignity and freedom, such as the right to clean and healthy environment, the right to privacy, the right to medical care, the right to live with dignity, and the right to a speedy trial.
The Right to Life and Personal Liberty is considered as one of the most fundamental rights, as it ensures that every citizen of India has the right to live with dignity and freedom, and to be protected from arbitrary state action.
8. Directive Principle of State Policy (DPSP)
The Directive Principles of State Policy (DPSP) are a set of guidelines or principles enshrined in Part IV of the Constitution of India, which lays down the duties and obligations of the State towards the citizens of the country. These principles are not justiciable in a court of law, unlike the Fundamental Rights, but they are still considered as fundamental in the governance of the country.
The DPSPs are based on the socialist, democratic, and Gandhian principles, and aim to promote social, economic, and political justice, and to create conditions for the welfare of the people. They provide a framework for the government to formulate policies and programs that are in the best interests of the citizens, and to promote their welfare.
Some of the important DPSPs include:
The State shall promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic, and political, shall inform all the institutions of the national life.
The State shall strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities, and opportunities.
The State shall promote the educational and economic interests of the weaker sections of the society and in particular the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and exploitation.
The State shall take steps to ensure the participation of workers in the management of industries.
The State shall endeavor to promote the welfare of women and protect them from exploitation.
These principles provide a broad framework for the government to work towards the welfare of the people and to promote social, economic, and political justice. While they are not justiciable, they play an important role in guiding the government in its policies and programs, and in promoting the overall development of the country.
Directive Principle of State Policy (DPSP) article wise
The Directive Principles of State Policy (DPSP) are a set of guidelines and principles enshrined in Part IV of the Constitution of India. These principles are not enforceable by courts, but are considered fundamental in the governance of the country. The DPSPs are contained in Articles 36 to 51 of the Constitution of India. Here is a list of the DPSPs and their corresponding articles:
Article 36: Definition of the State
Article 37: Application of the principles contained in this Part
Article 38: State to secure a social order for the promotion of welfare of the people
Article 39: Certain principles of policy to be followed by the State
Article 39A: Equal justice and free legal aid
Article 40: Organisation of village panchayats
Article 41: Right to work, to education, and to public assistance in certain cases
Article 42: Provision for just and humane conditions of work and maternity relief
Article 43: Living wage, etc. for workers
Article 43A: Participation of workers in management of industries
Article 44: Uniform civil code for the citizens
Article 45: Provision for free and compulsory education for children
Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health
Article 48: Organisation of agriculture and animal husbandry
Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife
Article 49: Protection of monuments and places and objects of national importance
Article 50: Separation of judiciary from executive
Article 51: Promotion of international peace and security
The DPSPs serve as guidelines for the government in making policies and implementing programs that promote the welfare and development of the people. Although not enforceable, they reflect the commitment of the Indian state towards the social, economic, and political rights of its citizens.
Article 36: Definition of the State
Article 36 of the Constitution of India defines the term "State" for the purposes of the Constitution. It states that the term "State" includes:
The Government and Parliament of India
The Government and Legislature of each of the States
All local or other authorities within the territory of India or under the control of the Government of India
The definition of "State" is important because many of the provisions of the Constitution of India, including the Fundamental Rights and the Directive Principles of State Policy, apply only to the State and not to private individuals or organizations. Therefore, it is essential to have a clear understanding of what constitutes the State in order to determine the scope and applicability of these provisions.
Article 37: Application of the principles contained in this Part
Article 37 of the Constitution of India provides that the provisions of Part IV of the Constitution, which includes the Directive Principles of State Policy (DPSPs), are not enforceable by any court, but are fundamental in the governance of the country and are intended to guide the government in making policies and implementing programs.
Article 37 states that the principles contained in Part IV are "fundamental in the governance of the country" and that it is the duty of the State to apply these principles in making laws and policy decisions. However, the article also makes it clear that the provisions contained in Part IV are not enforceable by any court, meaning that citizens cannot approach the court to seek enforcement of these principles.
Despite the fact that the DPSPs are not enforceable, they are still considered an important part of the Constitution. The principles contained in Part IV provide guidance to the government on how to promote the welfare of the people, reduce inequalities, and create a just and equitable society. The DPSPs are also used by the courts to interpret laws and policies, and as a benchmark for assessing the performance of the government in promoting social and economic development.
Article 38: State to secure a social order for the promotion of welfare of the people
Article 38 of the Constitution of India states that the State has a duty to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
The article recognizes that promoting the welfare of the people is the primary goal of the State, and that the State has a duty to ensure that social, economic and political justice is secured for all citizens. This duty extends to all institutions of national life, including the government, the judiciary, and other public bodies.
The State is expected to take active measures to create a social order that is just and equitable, and to address issues such as poverty, unemployment, and social inequality. This includes promoting policies that provide for the basic needs of the people, such as access to education, healthcare, and employment opportunities.
Overall, Article 38 emphasizes the importance of promoting social justice and the welfare of the people as key priorities of the Indian State, and serves as a guiding principle for the government in its policy-making and governance.
Article 39: Certain principles of policy to be followed by the State
Article 39 of the Constitution of India lists certain principles of policy that are to be followed by the State in order to promote the welfare of the people. The principles listed in Article 39 are:
Equal justice and free legal aid: The State shall ensure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Adequate means of livelihood: The State shall direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood.
Distribution of resources: The State shall, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
Prevention of concentration of wealth and means of production: The State shall, in particular, direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
Health and strength of workers: The State shall make provisions for securing just and humane conditions of work and for maternity relief.
Children: The State shall make provision for the health and education of children, and for their protection from exploitation.
Youth: The State shall make provision for the education and development of youth in such a way as to ensure that they are not exploited or used in ways that are detrimental to the interests of society.
Protection of monuments and places and objects of national importance: The State shall protect monuments, places, and objects of artistic or historic interest, and places declared by law to be of national importance.
Overall, Article 39 reflects the commitment of the Indian State to promoting social justice and the welfare of its citizens, and provides a framework for the government to direct its policies and programs towards achieving these goals.
Article 40: Organisation of village panchayats
Article 40 of the Constitution of India is a Directive Principle of State Policy that states that the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
The idea behind Article 40 is to promote grassroots democracy by encouraging the formation of village-level self-governing bodies known as panchayats. The term 'panchayat' refers to a village council consisting of five or more elected members. The objective of this provision is to empower local communities to take responsibility for their own governance, and to promote greater participation of citizens in decision-making at the local level.
The State is required to take steps to organize and empower these panchayats by endowing them with appropriate powers and resources. This includes providing financial resources, administrative support, and legal recognition for these institutions. The ultimate goal is to create a system of self-governance that is responsive to the needs and aspirations of local communities, and that can effectively address issues of development, social justice, and governance.
Overall, Article 40 reflects the commitment of the Indian State to promoting grassroots democracy and local self-governance, and provides a framework for the establishment and empowerment of village panchayats. While this provision is non-justiciable and not enforceable by courts, it serves as an important guideline for policymakers and government officials in promoting democratic governance at the local level.
Article 41: Right to work, to education, and to public assistance in certain cases
Article 41 of the Indian Constitution is a Directive Principle of State Policy that states that the State shall, within the limits of its economic capacity and development, make effective provisions for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement, and in other cases of undeserved want.
The right to work, education, and public assistance are essential for the well-being and dignity of individuals and society as a whole. This provision recognizes the importance of these rights and makes it a duty of the State to take measures to ensure that they are secured for all citizens, particularly those who are most vulnerable and marginalized.
The State is required to make effective provisions for securing the right to work, which includes creating employment opportunities, ensuring fair wages and working conditions, and promoting vocational training and skill development. The right to education includes ensuring universal access to education, promoting quality education, and eliminating discrimination based on caste, gender, or religion. The provision of public assistance includes providing social security benefits and welfare measures to those who are unable to support themselves due to unemployment, old age, sickness, and disablement.
Overall, Article 41 reflects the commitment of the Indian State to promoting social welfare and the well-being of its citizens, particularly those who are most vulnerable and marginalized. While this provision is non-justiciable and not enforceable by courts, it serves as an important guideline for policymakers and government officials in promoting social justice and inclusive development.
Article 43: Living wage, etc. for workers
Article 43 of the Indian Constitution is a Directive Principle of State Policy that provides for the State to endeavor to secure, by suitable legislation or economic organization or in any other way, a living wage, decent working conditions, and other necessary amenities for workers.
The objective of this provision is to ensure that workers are provided with not only a minimum wage but also a living wage that is sufficient to meet their basic needs and maintain a decent standard of living. The provision of decent working conditions includes ensuring that workers are provided with safe and healthy working conditions, reasonable working hours, and adequate rest periods. Other necessary amenities include access to basic healthcare, education, and housing.
The State is expected to take measures to ensure that workers are not exploited and that they receive fair compensation for their labor. The provision of a living wage, decent working conditions, and other necessary amenities is essential for the well-being of workers and their families and helps to promote social and economic justice.
While Article 43 is a non-justiciable provision and cannot be enforced by courts, it serves as an important guideline for the government to create policies and legislation that protect the rights of workers and promote their welfare.
Article 43A: Participation of workers in the management of industries
Article 43A of the Indian Constitution was added by the 42nd Amendment Act in 1976 as a Directive Principle of State Policy. It provides for the participation of workers in the management of industries.
The objective of this provision is to promote democratic principles in the workplace by giving workers a voice in the decision-making process of industries. It recognizes the importance of the contribution of workers to the success of an industry and seeks to provide them with a stake in the management of their workplace.
The provision of workers' participation in management can take different forms, such as representation on the board of directors or through works committees or other forms of collective bargaining. This provision recognizes that the participation of workers in the management of industries can lead to better working conditions, increased productivity, and greater job satisfaction.
While Article 43A is a non-justiciable provision and cannot be enforced by courts, it provides guidance to the State in creating policies and laws that promote the participation of workers in the management of industries. The implementation of this provision requires a collaborative effort between employers, workers, and the government to create an environment that fosters cooperation and mutual respect in the workplace.
Article 44: Uniform civil code for the citizens
Article 44 of the Indian Constitution is a Directive Principle of State Policy that states that the State shall endeavor to secure for its citizens a Uniform Civil Code (UCC) throughout the territory of India.
The objective of this provision is to promote a uniform set of laws governing personal matters such as marriage, divorce, adoption, and inheritance, among others, for all citizens irrespective of their religion or community. Currently, these matters are governed by personal laws based on religious beliefs and customs, which vary among different communities.
The provision of a UCC is intended to promote gender equality and social justice by eliminating discriminatory practices against women and marginalized sections of society. It seeks to ensure that all citizens are subject to the same laws and that personal laws are not used to discriminate against individuals on the basis of their religion or community.
While Article 44 is a non-justiciable provision and cannot be enforced by courts, it serves as an important guideline for the government to work towards creating a Uniform Civil Code. However, the implementation of a UCC has been a contentious issue due to religious and cultural sensitivities, and it remains a topic of debate and discussion in the country.
Article 45: Provision for free and compulsory education for children
Article 45 of the Indian Constitution is a Directive Principle of State Policy that states that the State shall endeavor to provide free and compulsory education for all children up to the age of fourteen years.
The objective of this provision is to promote universal access to education, particularly for marginalized and disadvantaged sections of society, and to ensure that every child receives at least basic education. It recognizes education as a fundamental right and an essential prerequisite for the social, economic, and cultural development of the country.
The provision of free and compulsory education is intended to promote equality of opportunity and to reduce social and economic disparities. It seeks to ensure that all children, irrespective of their economic or social background, have access to education and are able to develop their full potential.
While Article 45 is a non-justiciable provision and cannot be enforced by courts, it serves as an important guideline for the government to work towards achieving universal access to education. In 2009, the Right to Education Act was passed, which made education a fundamental right and provided for free and compulsory education for all children between the ages of six and fourteen years. The Act is an important step towards achieving the objectives of Article 45 and promoting the development of a literate and educated society.
Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
Article 46 of the Indian Constitution is a Directive Principle of State Policy that states that the State shall promote with special care the educational and economic interests of the weaker sections of society, including Scheduled Castes (SCs) and Scheduled Tribes (STs).
The objective of this provision is to promote the social and economic development of the weaker sections of society and to ensure that they have access to equal opportunities for education, employment, and other forms of social and economic participation. It recognizes the historical and social disadvantages faced by these communities and seeks to provide them with special support and assistance to overcome these challenges.
The provision of special care and assistance to SCs and STs is intended to promote their integration into mainstream society and to reduce social and economic disparities. It seeks to ensure that they have access to education, healthcare, and other basic amenities, and are able to participate fully in the economic and social life of the country.
While Article 46 is a non-justiciable provision and cannot be enforced by courts, it serves as an important guideline for the government to work towards promoting the educational and economic interests of SCs and STs. Various policies and programs have been implemented by the government to provide support and assistance to these communities, including reservation in education and employment, and special schemes for their socio-economic development. These initiatives are aimed at promoting their overall well-being and promoting a more equitable and inclusive society.
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health
Article 47 of the Indian Constitution is a Directive Principle of State Policy that imposes a duty on the State to raise the level of nutrition and the standard of living of the people, and to improve public health.
This provision reflects the importance of promoting public health and well-being as a key objective of the State. It recognizes that access to basic amenities such as food, healthcare, and sanitation is essential for the overall development and well-being of individuals and communities.
The State is obligated to take measures to ensure that people have access to adequate nutrition, healthcare, and other basic amenities, and to work towards improving the standard of living of the people. It also emphasizes the need to address public health challenges, including the prevention and treatment of diseases and the provision of healthcare services.
While Article 47 is a non-justiciable provision and cannot be enforced by courts, it serves as a guiding principle for the government to prioritize public health and well-being in its policies and programs. Various initiatives have been undertaken by the government to address the challenges of malnutrition, poor sanitation, and inadequate healthcare facilities. These initiatives are aimed at improving the overall health and well-being of the people and promoting a more equitable and inclusive society.
Article 48: Organisation of agriculture and animal husbandry
Article 48 of the Indian Constitution is a Directive Principle of State Policy that emphasizes the need to organize agriculture and animal husbandry on modern and scientific lines to promote sustainable development and improve the productivity of these sectors.
The provision recognizes the importance of agriculture and animal husbandry in the Indian economy and the need to ensure their efficient and sustainable growth. It emphasizes the use of modern techniques and scientific methods in these sectors to increase productivity and promote sustainable development. This includes measures such as irrigation facilities, research and development, use of high-quality seeds, and improved farming practices.
The provision also recognizes the importance of preserving and protecting cattle and other milch and draught animals, which play a crucial role in the rural economy. It calls for the prevention of the slaughter of cows, calves, and other milch and draught animals, which are considered sacred by many communities in India.
The State is obligated to take measures to promote the development of agriculture and animal husbandry, including the provision of credit facilities, technical assistance, and marketing support to farmers and other stakeholders in these sectors. The provision also emphasizes the need for sustainable development and the conservation of natural resources, including soil and water.
While Article 48 is a non-justiciable provision and cannot be enforced by courts, it serves as a guiding principle for the government to prioritize the development of agriculture and animal husbandry and promote sustainable growth in these sectors.
Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife
Article 48A is a Directive Principle of State Policy that was added to the Indian Constitution by the 42nd Amendment in 1976. The article emphasizes the need to protect and improve the environment, and safeguard forests and wildlife in the country.
The provision recognizes that environmental protection is essential for sustainable development and the well-being of future generations. It calls on the State to take steps to protect and improve the environment, including forests, lakes, rivers, and wildlife, and to safeguard them from destruction and degradation.
The State is obligated to take measures to promote sustainable development and ensure that economic growth does not come at the cost of environmental degradation. This includes regulating industrial activities, preventing pollution, promoting clean energy, and adopting sustainable practices in agriculture, forestry, and other sectors.
Article 48A also emphasizes the need for public participation in environmental decision-making and calls on the State to create awareness among the people about the importance of environmental protection and sustainable development.
Although Article 48A is a non-justiciable provision and cannot be enforced by courts, it provides a guiding principle for the government to prioritize environmental protection and sustainable development in its policies and programs. It also reflects India's commitment to sustainable development and the protection of the environment, which are critical for the country's future prosperity and well-being.
Article 49: Protection of monuments and places and objects of national importance
Article 49 of the Indian Constitution is a Directive Principle of State Policy that requires the State to protect historical monuments, objects, and places of national importance. The article recognizes the need to preserve India's rich cultural heritage and safeguard its national treasures for future generations.
The provision obligates the State to take measures to protect and preserve historical monuments, such as ancient temples, forts, palaces, and other architectural wonders, that are considered important from a historical, cultural, or artistic perspective.
Article 49 also requires the State to protect and preserve objects of national importance, such as paintings, sculptures, manuscripts, and other cultural artifacts, that are considered significant for the country's heritage and history.
The article emphasizes the importance of protecting and preserving India's cultural heritage and ensuring that it is passed on to future generations. The State is responsible for taking appropriate measures to safeguard historical monuments and objects from destruction, neglect, and decay.
Although Article 49 is a non-justiciable provision and cannot be enforced by courts, it provides a guiding principle for the government to prioritize the preservation of India's cultural heritage and ensure that it is protected for future generations. The provision reflects India's commitment to preserving its rich cultural heritage and history, which is an essential part of the country's identity and pride.
Article 50: Separation of judiciary from executive
Article 50 of the Indian Constitution provides for the separation of the judiciary from the executive. The provision recognizes the importance of an independent judiciary as a cornerstone of democracy and requires the State to take steps to ensure that the judiciary functions independently, free from any influence or interference from the executive.
The separation of powers between the judiciary and the executive is a fundamental principle of democratic governance. The judiciary is responsible for interpreting the laws and adjudicating disputes, while the executive is responsible for enforcing the laws and managing the day-to-day affairs of the government. The separation of powers ensures a system of checks and balances and prevents any one branch of government from becoming too powerful.
Article 50 requires the State to take measures to separate the judiciary from the executive to ensure that the judiciary is free from any interference or influence from the executive. This includes ensuring the appointment of judges on merit and their independence in the exercise of their functions. It also includes ensuring that the executive does not interfere in the functioning of the judiciary, including the appointment, promotion, or transfer of judges.
The provision reflects India's commitment to the rule of law and the protection of the fundamental rights of its citizens. An independent judiciary is essential to ensuring that justice is delivered fairly and impartially and that the rights of citizens are protected.
Article 51: Promotion of international peace and security
Article 51 of the Indian Constitution is a part of the Directive Principles of State Policy (DPSP) and it lays down the policy of the Indian government to promote international peace and security. This provision is not enforceable by any court of law but it is the duty of the State to follow and implement it.
According to Article 51, the Indian government shall endeavour to:
Promote international peace and security
Maintain just and honourable relations between nations
Foster respect for international law and treaty obligations
Encourage settlement of international disputes by peaceful means
The provision emphasizes the importance of India's role in the global community and its responsibility to promote international peace and security. It is in line with India's commitment to uphold the principles of the United Nations Charter and to promote peaceful coexistence among nations.
India has been an active participant in the international community and has played a significant role in promoting peace and security through its foreign policy. India has been a strong advocate of peaceful resolution of disputes and has always encouraged dialogue and negotiations to resolve conflicts.
Article 51 reflects India's commitment to the principles of international law, mutual respect, and peaceful coexistence among nations. It highlights the need for cooperation and collaboration among nations to ensure global peace and security.
9. Fundamental Duties
Fundamental Duties
The Fundamental Duties are a set of moral and civic responsibilities that are enshrined in Part IV-A of the Indian Constitution, under Article 51A. These duties were added to the Constitution by the 42nd Amendment in 1976, with the aim of promoting a sense of discipline, patriotism and social responsibility among citizens. While they are not legally enforceable, they are considered an important aspect of citizenship and are expected to be followed by all individuals.
The 11 Fundamental Duties are as follows:
To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
To cherish and follow the noble ideals that inspired the freedom struggle.
To uphold and protect the sovereignty, unity and integrity of India.
To defend the country and render national service when called upon to do so.
To promote harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic and regional or sectional diversities.
To value and preserve the rich heritage of our composite culture.
To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
To develop a scientific temper, humanism and the spirit of inquiry and reform.
To safeguard public property and to abjure violence.
To strive towards excellence in all spheres of individual and collective activity.
To provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
The Fundamental Duties act as a guide for the citizens of India to live a responsible and ethical life. They help in creating a sense of responsibility and accountability among citizens towards their country and society. Following these duties can lead to the overall development and progress of the country.
10. Fundamental Duties
The Fundamental Duties are a set of moral and civic responsibilities that are enshrined in Part IV-A of the Indian Constitution, under Article 51A. These duties were added to the Constitution by the 42nd Amendment in 1976, with the aim of promoting a sense of discipline, patriotism and social responsibility among citizens. While they are not legally enforceable, they are considered an important aspect of citizenship and are expected to be followed by all individuals.
The 11 Fundamental Duties are as follows:
To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
To cherish and follow the noble ideals that inspired the freedom struggle.
To uphold and protect the sovereignty, unity and integrity of India.
To defend the country and render national service when called upon to do so.
To promote harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic and regional or sectional diversities.
To value and preserve the rich heritage of our composite culture.
To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
To develop a scientific temper, humanism and the spirit of inquiry and reform.
To safeguard public property and to abjure violence.
To strive towards excellence in all spheres of individual and collective activity.
To provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
The Fundamental Duties act as a guide for the citizens of India to live a responsible and ethical life. They help in creating a sense of responsibility and accountability among citizens towards their country and society. Following these duties can lead to the overall development and progress of the country.
Amendment of the Indian constitution
The Indian Constitution provides for amendment through a detailed process outlined in Article 368. The process involves the introduction of a constitutional amendment bill, its passage by a two-thirds majority in both houses of Parliament, and ratification by at least half of the state legislatures.
The Constitution can be amended in three ways:
Simple Majority: Some provisions can be amended by a simple majority of the Parliament, that is, more than 50% of the members present and voting.
Special Majority: Some provisions require a special majority of the Parliament, that is, a majority of at least two-thirds of the members present and voting, and a majority of the total strength of the house.
Special Majority + Ratification: Some provisions require a special majority of the Parliament, as well as ratification by at least half of the state legislatures.
However, certain fundamental features of the Constitution, such as the secular character of the Constitution, democracy, federalism, and judicial independence, cannot be amended through this process. Any amendment that seeks to change these features is deemed unconstitutional and can be struck down by the judiciary.
11. Basic Structure of the Constitution
The concept of the Basic Structure of the Constitution was first introduced by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). It refers to a set of fundamental principles and values that are considered to be essential to the Indian Constitution's framework and cannot be amended or abrogated by the Parliament through the amendment process.
The concept of Basic Structure of the Constitution is not explicitly mentioned in the Constitution but has been derived by the Supreme Court through its interpretation of various provisions of the Constitution, including Articles 13, 14, 19, 21, 25, 32, and 368.
The Supreme Court has held that the following principles and features constitute the Basic Structure of the Constitution:
Supremacy of the Constitution
Republican and democratic form of government
Secular character of the Constitution
Separation of powers between the legislature, executive, and judiciary
Federal character of the Constitution
Unity and integrity of the nation
Rule of law
Protection of individual liberties and freedoms, including the freedom of speech and expression, right to life and personal liberty, and right to equality before the law.
The Basic Structure doctrine acts as a check on the power of the Parliament to amend the Constitution and ensures that any such amendment does not violate or undermine the fundamental principles and values enshrined in the Constitution's framework. Any amendment that is found to violate the Basic Structure of the Constitution can be struck down by the judiciary as unconstitutional.