Constitution of India

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Constitution of India

Preamble

Parts[show]

Schedules[show]

Appendices[show]

Amendments[show]

Related topics[show]

 V

 T

 E
The original text of the Preamble and artwork of Beohar Rammanohar Sinha, before the 42nd Amendment of the
Constitution

The Constitution of India is the supreme law of India. It is a living document, an instrument
which makes the government system work.[1] It lays down the framework defining fundamental
political principles, establishes the structure, procedures, powers and duties of government
institutions and sets out fundamental rights, directive principles and the duties of citizens. It is the
longest[2] written constitution of any sovereign country in the world, containing 448[3][Note 1] articles in
25[Note 2] parts, 12[Note 3] schedules, 5 appendices and 98[Note 4] amendments (out of 120[4] Constitution
Amendment Bills). Besides the English version, there is an official Hindi translation. The 389
member Constituent Assembly took almost three years (two years, eleven months and
seventeen days to be precise) to complete its historic task of drafting the Constitution for
Independent India. During this period, it held eleven sessions covering a total of 165 days. Of
these, 114 days were spent on the consideration of the Draft Constitution. On 29 August 1947,
the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R.
Ambedkar to prepare a Draft Constitution for India. While deliberating upon the draft Constitution,
the Assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of
7,635 tabled.[5] However Dr. Bhimrao Ramji Ambedkar is widely regarded as the chief architect of
the Indian Constitution but it was Constituent Assembly whose under Dr Ambedkar and his team
worked and drafted final copy of Indian Constitution.

Jawaharlal Nehru signing the Constitution

The Constitution follows parliamentary system of government and the executive is directly
accountable to the legislature. Article 74 provides that there shall be a Prime Minister of India as
the head of government. It also states that there shall be a President of Indiaand a Vice-
President of India under Articles 52 and 63. Unlike the Prime Minister, the President largely
performs ceremonial roles.
The Constitution of India is federal in nature but unitary in spirit. The common features of a
federation such as written Constitution, supremacy of Constitution, rigidity of Constitution, two
government, division of powers, bicameralism and independent judiciary as well as unitary
features like single Constitution, single citizenship, integrated judiciary, flexible Constitution, a
strong Centre, appointment of state governor by the Centre, All-India Services, Emergency
Provisions etc can be seen in Indian Constitution. This unique combination makes it Quasi-
Federal in form.[6] Each state and each Union territory of India has its own government.
Analogous to President and Prime Minister, each has a Governor (in case of states)
or Lieutenant Governor (in the case of Union territories) and aChief Minister. The 73rd and 74th
Amendment Act also introduced the system of Panchayati Raj in rural areas and Municipality in
urban areas. Also, Article 370 of the Constitution gives special status to the State of Jammu and
Kashmir.
The Constitution was adopted by the India Constituent Assembly on 26 November 1949, and
came into effect on 26 January 1950.[7]Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388,
391, 392, 393 and 394 came into force on 26 Nov 1949 and remaining articles on 26 Jan 1950.
[8]
The date of 26 January was chosen to commemorate the Purna Swaraj declaration of
independence of 1930. With its adoption, the Union of India officially became the modern and
contemporary Republic of India and it replaced the Government of India Act 1935 as the
country's fundamental governing document. To ensure constitutional autochthony, the framers of
constitution inserted Article 395 in the constitution and by this Article, the Government of India Act
1935 and the Indian Independence Act, 1947 were repealed. [9] The Constitution declares India to
be a sovereign, socialist, secular, democratic republic, assuring its citizens ofjustice, equality,
and liberty, and endeavors to promote fraternity among them.[10] The words "socialist" and
"secular" were added to the definition in 1976 by the 42nd constitutional amendment (mini
constitution).[11] India celebrates the adoption of the constitution on 26 January each year
as Republic Day.[12]

Contents
[hide]

 1 Background

 2 Previous Legislations as Source

o 2.1 Government of India Act 1858

o 2.2 Indian Councils Act 1861

o 2.3 Indian Councils Act 1892

o 2.4 Indian Councils Act 1909

o 2.5 Government of India Act 1919

o 2.6 Government of India Act 1935

o 2.7 Indian Independence Act 1947

 3 Constituent Assembly

o 3.1 Drafting
  4 Structure

o 4.1 Parts

o 4.2 Schedules

o 4.3 Appendices

 5 Amendment

o 5.1 Limitations

 6 Adoptions from other constitutions

o 6.1 Judicial review

 7 Notable constitutional lawyers

 8 See also

 9 Notes

 10 References

 11 Bibliography

 12 External links

Background[edit]
Main article: Indian independence movement

Dr. Babasaheb Ambedkar is hailed as the prime architect of the Indian Constitution

The major portion of the Indian subcontinent was under British rule from 1857 to 1947. The
impact of economic, political and social development during this period helped the gradual rise of
the Indian independence movement to gain independence from foreign rule. After the Indian
Rebellion of 1857, the direct rule of the British crown was established. When the Constitution of
India came into force on 26 January 1950, it repealed the Indian Independence Act. India ceased
to be a dominion of the British Crown and became a sovereign democratic republic. 26
November 1949 is also known as National Law Day. The Indian constitution is the world's longest
constitution. At the time of commencement, the constitution had 395 articles in 22 parts and 8
schedules. It consists of almost 80,000 words and took 2 years 11 months and 18 days to build.
In the United Kingdom the office of the Secretary of State for India was the authority through
whom Parliament exercised its rule (along with the Council of India), and established the office
of Viceroy of India (along with an Executive Council in India, consisting of high officials of the
British Government). The Indian Councils Act 1861 provided for a Legislative Council consisting
of the members of the Executive council and non-official members. The Indian Councils Act
1892 established provincial legislatures and increased the powers of the Legislative Council.
Although these Acts increased the representation of Indians in the government, their power still
remained limited. TheIndian Councils Act 1909 and the Government of India Act 1919 further
expanded participation of Indians in the government. [13]

Previous Legislations as Source[edit]

The Constitution of India is drawn from many sources. Keeping in mind the needs and conditions
of India the framers of the Constitution of India borrowed different features freely from previous
legislation.
Government of India Act 1858[edit]
Main article: Government of India Act 1858
After the Indian Rebellion of 1857, the British Government took direct control of territories
formerly ruled by the English East India Company. To calm down the after effects of 1857 revolt,
the Act of 1858 was introduced. This act abolished East India Company and transferred powers
towards the British crown to establish direct rule. The Provisions of the bill are:[14]

 Provision for the creation of an Indian Civil Service under the

control of the Secretary of State.

 The Crown was empowered to appoint a Governor-General and

the Governors of the Presidencies.

 The Company's territories in India were to be vested in the

Queen, the Company ceasing to exercise its power and control
over these territories. India was to be governed in the Queen's
name.

 All the property of the East India Company was transferred

to the Crown. The Crown also assumed the responsibilities of
the Company as they related to treaties, contracts, and so forth.
[15]

 The Queen's Principal Secretary of State received the powers

and duties of the Company's Court of Directors. A council of
fifteen members was appointed to assist the Secretary of State
for India. The council became an advisory body in India affairs.
For all the communications between Britain and India, the
Secretary of State became the real channel.

 Abolition of double government.

Indian Councils Act 1861[edit]
Main article: Indian Councils Act 1861
Indian Councils Act 1861 enacted by Parliament of the United Kingdom that transformed
the Viceroy of India's executive council into a cabinet run on the portfolio system. [16] This cabinet
had six "ordinary members" who each took charge of a separate department in Calcutta's
government: home, revenue, military, law, finance, and (after 1874) public works.
Indian Councils Act 1861 is an essential landmark in the constitutional and political good
reputation for India. The 1861 Act restored the legislative power taken away by theCharter Act of
1833. The legislative council at Calcutta was given extensive authority to pass laws for British
India as a whole, while the legislative councils at Bombay and Madras were given the power to
make laws for the "Peace and good Government" of their respective presidencies.The Governor
General was given the power to create new provinces for legislative purposes. He also could
appoint Lt. Governors for the same.[17] Its features are:[14]

 Indians were involved with law-making process. For this

purpose, viceroy nominated the Raja of Benaras, the Maharaja
of Patiala and Sir Dinkar Rao.

 Decentralization of legislative powers.

 Establishment of recent legislative councils in Bengal, NWFP

and Punjab in 1862, 1866 and 1897 respectively.

 Introduction of portfolio system.

 It empowered the Viceroy to issue ordinances with no

concurrence of the legislative council throughout an emergency.
The life of such an ordinance was 6 months.
Indian Councils Act 1892[edit]
Main article: Indian Councils Act 1892
Enacted due to the demand of the Indian National Congress to expand legislative council, the
number of non-official members was increased both in central and provincial legislative councils
the non official members of Indian legislative councils were henceforth to be nominated by
Bengal chamber of commerce and provincial legislative council. In 1892, the council consisted of
24 members, only five being where Indians.[18] Its features are:[14]

 Power discussing budget to legislative councils.

 It deliver to the nomination of some non official people in the

central legislative council through the viceroy on the
recommendation of the provincial legislative councils which of
the provincial legislative councils through the governors on the
recommendations of the district boards, municipalities,
universities, trade associations, zamindars and chambers.
Indian Councils Act 1909[edit]
Main article: Indian Councils Act 1909
Indian Councils Act 1909 commonly known as the Morley-Minto Reforms, was an Act of
the Parliament of the United Kingdom that brought about a limited increase in the involvement of
Indians in the governance of British India. The Act of 1909 was important for the following
reasons:

 It effectively allowed the election of Indians to the various

legislative councils in India for the first time. Previously some
Indians had been appointed to legislative councils.
  The introduction of the electoral principle laid the groundwork for
a parliamentary system even though this was contrary to the
intent of Morley.

 Muslims had expressed serious concern that a first past the

post electoral system, like that of Britain, would leave them
permanently subject to Hindu majority rule. The Act of 1909
stipulated, as demanded by the Muslim leadership.
The Act amended the Indian Councils Acts of 1861 and 1892.[19] Its features are:[14]

1. The maximum number of nominated and elected members

of the Legislative Council at the Center was increased from
16 to 60. The number did not include ex-officio members.[20]

2. The right of separate electorate was given to the Muslims.

3. Official members were to form the majority but in provinces

non-official members would be in majority.

4. The members of the Legislative Councils were permitted to

discuss the budgets, suggest the amendments and even to
vote on them; excluding those items that were included as
non-vote items. They were also entitled to ask
supplementary questions during the legislative proceedings.

5. The Secretary of State for India was empowered to increase

the number of the Executive Councils of Madras and
Bombay from two to four.

6. Two Indians were nominated to the Council of the Secretary

of State for Indian Affairs.
Government of India Act 1919[edit]
Main article: Government of India Act 1919
After World War I, the British Government opened the door for Indians to public office and
employment. The Provisions of the bill are:[14]

 Relaxation of central treatments for the provinces by

demarcating and separating the central and provincial subjects.

 It further divided the provincial subjects into two parts –

transferred (That have been administered by governor by the
help of ministers who are responsible to legislative council) and
reserved (that have been to be administered by the governor
and the executive council without being responsible towards the
legislative council).

 Introduction of diarchy, Bicameralism, direct elections and

establishment of central public service commission in 1926.

 Franchise was granted to some limited people on foundation of

property, tax and education.

 Separation of central budget from provisional budget.

  Appointment of statutory commission.
Government of India Act 1935[edit]
Main article: Government of India Act 1935
The provisions of the Government of India Act 1935, though never implemented fully, had a great
impact on the Constitution of India. Many key features of the constitution are directly taken from
this Act. It is really a lengthy and detailed document having 321 sections and 10 schedules. The
majority of the today's constitution has drawn from this. Its features are: [14]

 It delivers to the establishment of an All India Federation. The

previous names transferred and reserved subjects are changed
as federal and provincial lists and concurrent list is definitely an
addendum.

 Abolition of Diarchy and introduced provincial autonomy.

 Abolition of Council Asia.

 Establishment of RBI, federal court, Provincial Public service

commissions and Joint Public service commissions.

 Extension of bicameralism, communal representation and

franchise.
The federal structure of government, provincial autonomy, a bicameral central legislature
consisting of a federal assembly and a Council of States and the separation of legislative powers
between the centre and states are some of the provisions of the Act which are present in the
Constitution of India.
Indian Independence Act 1947[edit]
Main article: Indian Independence Act 1947
The legislation was formulated by the government of Prime Minister Clement Attlee and the
Governor General of India Lord Mountbatten, after representatives of the Indian National
Congress,[21] the Muslim League,[22] and the Sikh community[23] came to an agreement with
the Viceroy of India, Lord Mountbatten of Burma, on what has come to be known as the 3 June
Plan or Mountbatten Plan. The Prime Minister of the United Kingdom announced on 20 February
1947 that:

1. British Government would grant full self-government to

British India by June 1948 at the latest,

2. Partition of India and Pakistan.

3. The future of Princely States would be decided after the

date of final transfer is decided.[24]

4. Empowering of Constitution for the nations.

On 18 July 1947, British India divided into two new independent states, India and Pakistan, which
were to be dominions under the Commonwealth of Nations until they had each finished drafting
and enacted a new constitution. The Constituent Assembly was divided into two for the separate
states, with each new Assembly having sovereign powers transferred to it for the respective
dominion. The Act also terminated British suzerainty over the princely states, each of which was
left to decide whether to accede to one or other of the new dominions or to continue as
independent states in their own right.
Constituent Assembly[edit]
Main article: Constituent Assembly of India
The Constitution was drafted by the Constituent Assembly, which was elected by the elected
members of the provincial assemblies.[25] Dr B.R. Ambedkar, Sanjay Phakey,Jawaharlal Nehru, C.
Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Kanaiyalal Munshi, Purushottam
Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad,Shyama Prasad Mukherjee, Nalini
Ranjan Ghosh, and Balwantrai Mehta were some important figures in the Assembly. There were
more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian
community, and the Parsis were represented by H. P. Modi. The Chairman of the Minorities
Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all
Christians other than Anglo-Indians. Ari Bahadur Gururng represented the Gorkha Community.
Prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh
Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai
Deshmukh,Rajkumari Amrit Kaur and Vijayalakshmi Pandit were important women members.
The first temporary 2-day president of the Constituent Assembly was Dr Sachchidananda Sinha.
Later, Rajendra Prasad was elected president of the Constituent Assembly.[25]The members of the
Constituent Assembly met for the first time on 9 December 1946.[25]
Drafting[edit]
On the 14 August 1947 meeting of the Assembly, a proposal for forming various committees was
presented.[25] Such committees included a Committee on Fundamental Rights, the Union Powers
Committee and Union Constitution Committee. On 29 August 1947, the Drafting Committee was
appointed, with Dr B. R. Ambedkar as the Chairman along with six other members assisted by a
constitutional advisor. These members were Pandit Govind Ballabh Pant, Kanaiyalal Maneklal
Munshi (K M Munshi, Ex- Home Minister, Bombay),Alladi Krishnaswamy Iyer (Ex- Advocate
General, Madras State), N Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of
Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md. Saadullah (Ex- Chief Minister of
Assam, Muslim League member) and D P Khaitan (Scion of Khaitan Business family and a
renowned lawyer). The constitutional advisor was Sir Benegal Narsing Rau (who became First
Indian Judge in International Court of Justice, 1950–54). Later B L Mitter resigned and was
replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara). Owing to death of D P
Khaitan, T T Krishnamachari was chosen to be included in the drafting committee. A Draft
Constitution was prepared by the committee and submitted to the Assembly on 4 November
1947. Draft constitution was debated and over 2000 amendments were moved over a period of
two years. Finally on 26 November 1949, the process was completed and Constituent assembly
adopted the constitution. 284 members signed the document and the process of constitution
making was complete.[26]
The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years,
11 months and 18 days before adopting the Constitution, the 308 members of the Assembly
signed two copies of the document (one each in Hindi and English) on 24 January 1950. The
original Constitution of India is hand-written with beautiful calligraphy, each page beautified and
decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal
Bose. Two days later, on 26 January 1950, the Constitution of India became the law of all
the States and territories of India.[27] Rs.1,00,00,000 was official estimate of expenditure on
constituent assembly. The Constitution has undergonemany amendments since its enactment.[28]

Structure[edit]
The Constitution, in its current form (September 2012), consists of a preamble, 25 [Note 2] parts
containing 448 [Note 1] articles, 12[Note 3] schedules, 5 appendices[29] and 99 amendments, the latest of
which came into force on 13 April 2015.[30]
Parts[edit]
The individual Articles of the Constitution are grouped together into the following Parts:
 Preamble  Part XII – Finance, Property,

 Part I[31] – Union and its Territory  Part XIII – Trade and Comme

 Part II[32] – Citizenship.  Part XIV – Services Under th

 Part III – Fundamental Rights  Part XIVA – Tribunals

 Part IV[33] – Directive Principles of State Policy  Part XV – Elections

 Part IVA – Fundamental Duties  Part XVI – Special Provisions

 Part V[34] – The Union  Part XVII – Languages

 Part VI[35] – The States  Part XVIII – Emergency Prov

 Part VII[36] – States in the B part of the First schedule (repealed)  Part XIX – Miscellaneous

 Part VIII[37] – The Union Territories  Part XX – Amendment of the

 Part IX[38] – The Panchayats  Part XXI – Temporary, Transi

 Part IXA[39] – The Municipalities  Part XXII – Short title, date o

 Part IXB – The Co-operative Societies.[40]

 Part X – The scheduled and Tribal Areas

 Part XI – Relations between the Union and the States

Schedules[edit]
Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and
policy of the Government.

 First Schedule (Articles 1 and 4) - This lists the states and

territories of India, lists any changes to their borders and the
laws used to make that change.

 Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3),

158(3), 164(5), 186 and 221)- – This lists the salaries of officials
holding public office, judges, andComptroller and Auditor
General of India.

 Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188

and 219)—Forms of Oaths – This lists the oaths of offices for
elected officials and judges.

 Fourth Schedule (Articles 4(1) and 80(2)) – This details the

allocation of seats in the Rajya Sabha (the upper house of
Parliament) per State or Union Territory.
  Fifth Schedule (Article 244(1)) – This provides for the
administration and control of Scheduled Areas[Note
5]
and Scheduled Tribes[Note 6] (areas and tribes needing special
protection due to disadvantageous conditions).

 Sixth Schedule (Articles 244(2) and 275(1))— Provisions made

for the administration of tribal areas in Assam, Meghalaya,
Tripura, and Mizoram.

 Seventh Schedule (Article 246) —The union (central

government), state, and concurrent lists of responsibilities.

 Eighth Schedule (Articles 344(1) and 351)—The official

languages.

 Ninth Schedule (Article 31-B) – Validation of certain Acts and

Regulations.[41]

 Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection"

provisions for Members of Parliament and Members of the State
Legislatures.

 Eleventh Schedule (Article 243-D) —Panchayat Raj (rural local

government),

 Twelfth Schedule (Article 243-W) — Municipalities (urban local

government).
Appendices[edit]

 Appendix I—The Constitution (Application to Jammu and

Kashmir) Order, 1954.

 Appendix II— Re-statement, with reference to the present text

of the Constitution, of the exceptions and modifications subject
to which the Constitution applies to the State of Jammu and
Kashmir.

 Appendix III—Extracts from the Constitution (Forty-fourth

Amendment) Act, 1978.

 Appendix IV—The Constitution (Eighty-sixth Amendment) Act,

2002.

 Appendix V— The Constitution (Eighty-eighth Amendment) Act,

2003.

Amendment[edit]
Main article: Amendment of the Constitution of India
See also: List of amendments of the Constitution of India
The process of rewriting any part of the constitution is called amendment. Amendments to the
Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An
amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority
and voting. In addition to this, certain amendments which pertain to the federal nature of the
Constitution must be ratified by a majority of state legislatures. Unlike the ordinary bills (with
exception to money bills), there is no provision for joint sitting of the two houses of the parliament
to pass a constitutional amendment bill.
As of September 2013 there have been 120[4] amendment bills presented in the Parliament, out
of which 98 have been passed to become Amendment Acts.[42] Most of these amendments
address issues dealt with by statute in other democracies. However, the Constitution is so
specific in spelling out government powers that many of these issues must be addressed by
constitutional amendment. As a result, the document is amended roughly twice a year.
In 2000 the National Commission to Review the Working of the Constitution (NCRWC) was set
up to look into updating the constitution.[43]
Limitations[edit]
Main article: Basic structure doctrine
The Supreme Court has ruled in Kesavananda Bharati v. State of Kerala case that not every
constitutional amendment is permissible, the amendment must respect the "basic structure" of
the constitution, which is immutable. This "Doctrine of Basic Features" of the Constitution lays
down that certain basic features of the Constitution cannot be abridged or deleted or repealed;
what are the "basic features" has not been defined exhaustively anywhere and whether a
particular provision of the Constitution of India is a "basic feature" will be decided as and when
an issue is raised before the court in an individual case. [44]
In the Golak Nath v. State of Punjab case of 1967, the Supreme Court ruled that the State of
Punjab could not restrict any of the Fundamental rights found in the basic structure doctrine.
[45]
The Golak Nath family members were landowners of approximately 500 acres of farmland, but
the State of Punjab insisted upon restricting the brothers to only 30 acres apiece under the
Security and Land Tenures Act.[45] Golak Nath then challenged this restriction stating that it denied
their constitutional rights under Article 32. Land ownership and practice of profession, in this
case, were argued to be fundamental rights protected by the basic structure doctrine enacted in
1953.[46] The ruling of the Golak Nath v. State of Punjab case was eventually overturned with the
ratification of the 24th Amendment in 1971.[46]

Adoptions from other constitutions[edit]

The architects of Indian constitution were most heavily influenced by the British model
of parliamentary democracy. In addition, a number of principles were adopted from
theConstitution of the United States of America, including the separation of powers among the
major branches of government and the establishment of a supreme court. The principles adopted
from Canada were federal government with strong centre and also distribution of powers
between central government and state governments along with placing residuary powers with
central government.[47][48] From Ireland, directive principle of state policy was adopted.
From Germany, the principle of suspension of fundamental rightsduring emergency was adopted.
From Australia, the idea of having a Concurrent list of shared powers was used as well and some
of the terminology was utilized for the preamble.[49]
Judicial review[edit]
Judicial review is adopted in the Constitution of India from judicial review in the United
States (see[50]). In the Indian constitution, Judicial review is dealt with under Article 43. Judicial
Review refers that the Constitution is the supreme power of the nation and all laws are under its
supremacy. Article 43 states that:

1. All pre-constitutional laws, if in part or completely in conflict

with the Constitution, shall have all conflicting provisions
deemed ineffective until an amendment to the Constitution
ends the conflict. In such situation the provision of that law
will again come into force, if it is compatible with the
 constitution as amended. This is called theDoctrine of
Eclipse.[51]

2. In a similar manner, laws made after adoption of the

Constitution by the Constituent Assembly must be
compatible with the constitution, otherwise the laws and
amendments will be deemed to be void ab initio.

3. In such situations, the Supreme Court or High Court

interprets the laws to decide if they are in conformity with
the Constitution. If such an interpretation is not possible
because of inconsistency, and where a separation is
possible, the provision that is inconsistent with constitution
is considered to be void. In addition to article 13, articles 32,
226 and 227 provide a constitutional basis to judicial review
in India.[52]
Due to the adoption of the thirty-eighth amendment, the Indian Supreme Court was not allowed
to preside over any laws adopted during a state of emergency that infringes uponfundamental
rights under article 32 i.e. Right to Constitutional Remedies.[53] Later with the Forty-second
Amendment of the Constitution of India, article 31 C was widened and article 368(4) and 368(5)
were added, which stated that any law passed by the parliament can't be challenged in the court
on any ground. The Supreme court in the Minerva Mills v. Union of India case said that Judicial
Review is one of the basic character of the constitution and therefore can't be taken away
quashing Article 368(4)&(5) as well as 31 C.

Notable constitutional lawyers[edit]

 Subodh Markandeya

 Harish Salve

 Kottayan Katankot Venugopal

 Indira Jaising

See also[edit]
India portal

Politics portal

 Constitutional economics

 Constitutionalism

 History of democracy

 List of national constitutions

 Magna Carta

 Rule according to higher law

  Uniform civil code of India

Notes[edit]
1. ^ Jump up to: Although the last article of the Constitution is
a b

Article 395, the total number, as of March 2013 is 465. New

articles added through amendments have been inserted in the
relevant location in the original constitution. In order not to
disturb the original numbering, the new articles are inserted
with alpha numeric enumerations. For example, Article 21A
pertaining to Right to Education was inserted by the 86th
Amendment Act.

2. ^ Jump up to: The Constitution was in 22 Parts originally. Part

a b

VII & IX (older) was repealed in 1956, whereas newly added

Part IVA, IXA, IXB & XIVA by Amendments to the Constitution
in different times (lastly added IXB by the 97th Amendment).

3. ^ Jump up to: By 73rd & 74th Amendment, the lists of

a b

administrative subjects of Panchayat raj & Municipality included

in the Constitution as Schedule 11 & 12 respectively in the year
1993.

4. Jump up^ On 2 January 2013, by 98th Amendment, the Article

371J has been inserted to the Constitution regarding to
empower the Governor of Karnataka to take steps to develop
the Hyderabad-Karnataka Region.

5. Jump up^ Scheduled Areas are autonomous areas within a

state, administered federally, usually populated by a
predominant Scheduled Tribe.

6. Jump up^ Scheduled Tribes are groups of indigenous people,

identified in the Constitution, struggling socioeconomically

References[edit]
1. Jump up^ "Preface, The constitution of
India" (PDF). http://india.gov.in/my-government/constitution-
india/constitution-india-full-text. Government of India.
Retrieved5 February 2015.

2. Jump up^ Pylee, M.V. (1997). India's Constitution. S. Chand &

Co. p. 3. ISBN 81-219-0403-X.

3. Jump up^ "10 Facts You Should Know about the Indian
constitution". Yahoo! Lifestyle.

4. ^ Jump up to: "Elders Clear bill to set up Judicial Appointment

a b

Commission". The Hindu. 5 October 2013. Retrieved 12

October 2013.

5. Jump up^ http://parliamentofindia.nic.in/ls/debates/facts.htm

6. Jump up^ M Laxmikanth. "3". Indian Polity (4th ed.). McGraw
Hill Education. p. 3.2. ISBN 978-1-25-906412-8.

7. Jump up^ "Introduction to Constitution of India". Ministry of

Law and Justice of India. 29 July 2008. Retrieved 2008-10-14.

8. Jump up^ "Commencement".

9. Jump up^ Swaminathan, Shivprasad (26 January

2013). "India’s benign constitutional revolution". The Hindu:
opinion. Retrieved 18 February 2013.

10. Jump up^ "Preamble of the Constitution of India" (PDF).

Ministry of Law & Justice. Retrieved29 March 2012.

11. Jump up^ "Forty-Second Amendment to the Constitution".

Ministry of Law and Justice of India. 28 August 1976.
Retrieved 2008-10-14.

12. Jump up^ Das, Hari (2002). Political System of India. Anmol
Publications. p. 120. ISBN 81-7488-690-7.

13. Jump up^ M Laxmikanth. "1". Indian Polity (4th ed.). McGraw
Hill Education. pp. 1.3–1.9.ISBN 978-1-25-906412-8.

14. ^ Jump up to: a b c d e f

"Indian Constitution historical Evolution".

15. Jump up^ "Official, India". World Digital Library. 1890–1923.

Retrieved 2013-05-30.

16. Jump up^ Encyclopædia Britannica article concerning this Act

17. Jump up^ "History of State Legislature". Tamil Nadu

Legislative Assembly, Government of Tamil Nadu, Chennei.
Retrieved 11 February 2010.

18. Jump up^ The Government of India: Being a Digest of the

Statute Law Relating Thereto, by SirCourtenay Ilbert, 1st
edition (1898), publ. Clarendon Press, Oxford, p. 110

19. Jump up^ Ilbert, Sir Courtenay Peregrine. "Appendix I: Indian

Councils Act, 1909", in The Government of India. Clarendon
Press, 1907. pp. 427.

20. Jump up^ Ilbert, Sir Courtenay Peregrine. "Appendix I: Indian

Councils Act, 1909", in The Government of India. Clarendon
Press, 1907. p. 430.

21. Jump up^ represented by Jawaharlal Nehru, Vallabhbhai

Patel, and Acharya Kripalani

22. Jump up^ represented by Muhammad Ali Jinnah, Liaqat Ali

Khan, and Sardar Abdul Rab Nishtar
23. Jump up^ represented by Sardar Baldev Singh

24. Jump up^ Ghose, Sankar (1993). Jawaharlal Nehru : a

biography (1. publ. ed.). New Delhi [u.a.]: Allied Publ.
p. 151. ISBN 9788170233695.

25. ^ Jump up to: "The Constituent Assembly Debates

a b c d

(Proceedings):(9th December,1946 to 24 January 1950)". The

Parliament of India Archive. Retrieved 2008-02-22.

26. Jump up^ "Some Facts of Constituent Assembly". Parliament

of India. National Informatics Centre. Archived from the original
on 21 May 2013. Retrieved 2011-04-14. On 29 August 1947,
the Constituent Assembly set up a Drafting Committee under
the Chairmanship of B. R. Ambedkar to prepare a Draft
Constitution for India

27. Jump up^ "Original unamended constitution of India, January,

1950". Retrieved 2014-04-17.

28. Jump up^ "THE CONSTITUTION (AMENDMENT)

ACTS". India Code Information System. Ministry of Law,
Government of India. Retrieved 9 December 2013.

29. Jump up^ "Constitution of india". Ministry of Law and Justice,

Govt. of India.

30. Jump up^ "Constitution (Ninety-ninth Amendment) Act,

2014" (PDF). 1, Law Street. Retrieved23 June 2015.

31. Jump up^ Part I

32. Jump up^ Part II

33. Jump up^ Part IV

34. Jump up^ Part V

35. Jump up^ Part VI

36. Jump up^ Part VII

37. Jump up^ Part VIII

38. Jump up^ Part IX

39. Jump up^ Part IXA

40. Jump up^ http://indiacode.nic.in/coiweb/amend/amend97.pdf

41. Jump up^ Originally Articles mentioned here were immune

from judicial review on the ground that they violated
fundamental rights. but in a landmark judgement in 2007, the
 Supreme Court of India held in I.R. Coelho v. State of Tamil
Nadu and others that laws included in the 9th schedule can be
subject to judicial review if they violated the fundamental rights
guaranteed under Article 14, 15, 19, 21 or the basic structure of
the Constitution {(ambiguous)} - I.R. Coelho (dead) by L.Rs. v.
State of Tamil Nadu and others(2007) 2 S.C.C. 1

42. Jump up^ name="amendments"

43. Jump up^ Kuri's blog: National Commission to review the

working of the Constitution(NCRWC). Kurishravan.blogspot.in
(2011-02-23). Retrieved on 2013-07-28.

44. Jump up^ Dhamija, Dr. Ashok (2007). Need to Amend a

Constitution and Doctrine of Basic Features. Wadhwa and
Company. p. 568. ISBN 9788180382536. Retrieved 17
June2014.

45. ^ Jump up to: Jacobsohn, Gary J. (2010). Constitutional

a b

Identity. Cambridge, Massachusetts: Harvard University Press.

p. 52. ISBN 9780674047662.

46. ^ Jump up to: Dalal, Milan (2008). "India's New

a b

Constitutionalism: Two Cases That Have Reshaped Indian

Law". Boston College International Comparative Law
Review 31 (2): 258–260. Retrieved 5 March 2015.

47. Jump up^ "Borrowed features of Constitution". Retrieved 15

February 2014.

48. Jump up^ "Constitution of India: A ‘Bag of Borrowings’".

Retrieved 15 February 2014.

49. Jump up^ [1] [dead link]

50. Jump up^ V. Venkatesan - A fresh look at the relevance of

three early doctrines that have defined the Indian Constitution
over the years. Front-line (Vol. 29 - Issue 05 :: 10-23 Mar.
2012)

51. Jump up^ Jain, M.P. (2010). Indian Constitutional Law.

LexisNexis Butterworths Wadhwa Nagpur. p. 921. ISBN 978-
81-8038-621-3.

52. Jump up^ Lectures By Professor Parmanad Singh, Jindal

Global Law School.

53. Jump up^ Jacobsohn, Gary (2010). Constitutional Identity.

Cambridge, Massachusetts: Harvard University Press.
p. 57. ISBN 9780674047662.

Bibliography[edit]
 Khanna, Justice H.R (2015). Making of India's Constitution (2nd
Edition 2008, (Reprinted 2015) ed.). Eastern Book
Company. ISBN 978-81-7012-188-6.

 Austin, Granville (1999). The Indian Constitution: Cornerstone of

a Nation (2nd ed.). Oxford University Press. ISBN 978-01-9564-
959-8.

 Austin, Granville (2003). Working a Democratic Constitution: A

History of the Indian Experience (2nd ed.). Oxford University
Press. ISBN 978-01-9565-610-7.

 Baruah, Aparajita (2007). Preamble of the Constitution of India :

An Insight & Comparison. Eastern Book Co. ISBN 978-81-7629-
996-1.

 Basu, Durga Das (1965). Commentary on the constitution of

India : (being a comparative treatise on the universal principles
of justice and constitutional government with special reference
to the organic instrument of India) 1–2. S. C. Sarkar & Sons
(Private) Ltd.

 Basu, Durga Das (1984). Introduction to the Constitution of

India (10th ed.). South Asia Books. ISBN 0-8364-1097-1.

 Basu, Durga Das (1981). Shorter Constitution of India. Prentice-

Hall of India. ISBN 978-0-87692-200-2.

 Das, Hari Hara (2002). Political System of India. Anmol

Publications. ISBN 81-7488-690-7.

 Dash, Shreeram Chandra (1968). The Constitution of India; a

Comparative Study. Chaitanya Pub. House.

 Dhamija, Dr. Ashok (2007). Need to Amend a Constitution and

Doctrine of Basic Features. Wadhwa and
Company. ISBN 9788180382536.

 Ghosh, Pratap Kumar (1966). The Constitution of India: How it

Has Been Framed. World Press.

 Jayapalan, N. (1998). Constitutional History of India. Atlantic

Publishers & Distributors. ISBN 81-7156-761-4.

 Khanna, Hans Raj (1981). Making of India's Constitution.

Eastern Book Co. ISBN 978-81-7012-108-4.

 Rahulrai, Durga Das (1984). Introduction to the Constitution of

India (10th ed.). South Asia Books. ISBN 0-8364-1097-1.

 Pylee, M.V. (1997). India's Constitution. S. Chand &

Co. ISBN 81-219-0403-X.
  Pylee, M.V. (2004). Constitutional Government in India. S.
Chand & Co. ISBN 81-219-2203-8.

 Sen, Sarbani (2007). The Constitution of India: Popular

Sovereignty and Democratic Transformations. Oxford University
Press. ISBN 978-0-19-568649-4.

 Sharma, Dinesh; Singh, Jaya; Maganathan, R.; et al.

(2002). Indian Constitution at Work. Political Science, Class
XI. NCERT.

 "The Constituent Assembly Debates (Proceedings):(9th

December,1946 to 24 January 1950)". The Parliament of India
Archive. Retrieved 2008-02-22.

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Sunday, January 29, 2012

STRUCTURE AND FEATURES OF INDIAN

CONSTITUTIONS

Abstract:

After understanding the legacies of freedom movement and legacies of colonial rule, now in this
chapter we will read the concept of constitution and structure and features of Indian constitution.
Here we will read about the preamble of Indian constitution, its philosophy and significance, nature
and features of Indian constitution, structure of the constitution and also will read about
Fundamental Rights, Directive Principles of State Policies and Fundamental Duties. This Chapter will
give us an idea about the constitution, its nature and structure.

Contents:
 Introduction

 Preamble of the constitution

 Nature and features of Indian Constitution

 Structure of the Constitution

 Fundamental Rights:

 Directive Principles of State Policies

 Fundamental Duties

 Conclusion

Introduction:

In the previous chapter we have learned about the origin and evolution of Indian constitution. Our
understanding about the colonial legacy and legacy of freedom movement has already given us an
image of Indian constitution. There we also learned about the sources of Indian constitution. But
what is the actual structure of our constitution? Is there any philosophy who guides the constitution?
Does our constitution care about the people? Can we see any features which guide the government?
As a citizen of the country what are our responsibility and duty? All these questions are not cleared
in the previous chapter. To know those queries, in this chapter we will understand the nature and
feature of Indian Constitution and its structure. But before studying about these lets earn a brief idea
about the concept of constitution and also about the Indian constitution.

About constitution:

The constitution is a set of elementary principles or established precedents to govern a state. It is a

written or unwritten document constitute of rules and principles. It puts down the basic framework of a
political system to govern. Constitution of a country lays down the basic structure of the political
system under which its people are to be governed (Kashyap, 2011; 1). We can define it as a set of
fundamental law of a country which ordains the fundamentals of its polity and on the altar of which all
other laws and executive act of the state are to be tested. It is a living organism of functioning
institutions (Kashyap, 2011; 2). The constitution establishes the main organs of the state-the
legislature, executive and judiciary. It defines their power and responsibilities and regulates their
relationships. The constitution of a country represents the vision and values of its founding fathers and
is based on the social, political and economic ethos and faith and aspirations of the people. In the
earlier chapter and in the next few chapters we will see principles and structure that compose Indian
Constitution.
Indian constitution:

The Constitution of India was as we have already come to know in the earlier chapter, was adopted in
26th January 1950. This date was chosen to commemorate the 1930’s declaration of independence
and since 1950 India celebrates the adoption of the constitution on 26 January each year as Republic
Day. It is a written constitution. In the time of adoption, the constitution of India had a preamble, 22
parts, 395 articles and 8 schedules. But due to a number of amendments in last 60 years the tally of
schedule and articles increased. The Constitution, in its current form, consists of a Preamble, 22 Parts
containing 450 Articles, 12 Schedules, 2 Appendixes(Wikipedia). We will read about these schedules
and parts in the later part of this chapter. It declares India to be a sovereign, socialist, secular,
democratic republic, assuring its citizens justice, equality and liberty and promotes fraternity among
them.

When we were reading about the concept of Constitution, we discussed about organs of the
state-the legislature, executive and judiciary. Indian constitution also deals these areas. The
constitution of India provides for distribution of powers between the union and the state where powers
of the Parliament and State Legislatures are distributed in three list- Union, State and Concurrent list.
The constitution of India is amendable and so far there has been more than 110 amendment bills are
introduced in the parliament and out of that 95 amendments were made so far. We will understand
about the nature and structure of Indian constitution in the following parts of the chapter.

Preamble of the constitution:

The Preamble of a constitution is the embodiment of the fundamental values and philosophy on which
the constitution is based. When we read a book or a novel, often read the preface, where the author
lays the brief ideas about the book. The preamble of a constitution is like that preface to the
constitution which lists the basic features of the constitution. It is the introductory statement of the
constitution.

Constitution of India also has a preamble. The preamble in Indian Constitution specifies the
nature of Indian state and the constitution. The preamble is based on Jawahar Lal Nehru’s objective
Resolution, about which we have read in the previous chapter of this book. K. M Munshi has termed
the preamble as ‘Political Horoscope’ and Earnest Barker says it as ‘Key to the constitution’. The
preamble is a part of the constitution but is not justifiable. But it bears a great significance to the
constitution. We can say the Preamble as the foundation stone of the constitution. The preamble
renders it easy to understand the real intensions of the framers of the constitution. The preamble of
Indian Constitutions say-

“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 of 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.”

When the Preamble of the constitution was adopted, the words socialist, secular and
integrity was not there in the Preamble. These words were added to the Preamble by the
42ndAmendment in 1976.

The Preamble is the supreme or fundamental constitutional values in which the founding
fathers believed, which they wanted to foster among the people of the republic. The Preamble
indicates the source from which the constitution derives its authority and also states the objects
which the Constitution seeks to establish and promote (Basu, 2011:21).

Philosophy and salient features of the preamble:

The words used in the constitution are some of the noblest words and embody the highest
values that human ingenuity and experience have been able to devise thus far. These words bear the
philosophy of the Preamble and the constitution. Let us analyze the meaning of various terms used
in the preamble. We also can say these as the salient features of the preamble.

1. Sovereign: The Preamble of Indian Constitution declares India to be sovereign. It implies that
India is a sovereign state, free to conduct its internal and external affairs as it deems desirable. The
constitution does not contain any specific provision in regard to the sovereign powers. It is only
ascertained in the preamble. The preamble accepts the principle of popular sovereignty. The
preamble begins by the words “We the people of India…” which testify that people are the ultimate
source of all authority. The preamble of the Constitution of United State also begins with “We the
people of the…” but with a different meaning.

2. Socialist: We know that the term socialist was added in the Preamble by the Forty Second
Amendment. Though the term ‘socialist’ was included, the term does not mean the ‘State Socialism”
that is ownership of all means of production and distribution by the State but it means reducing the
inequalities between rich and poor. This term is also to refer socialist pattern of society; which was
adopted as a goal of Indian state by the Congress in its Avadi session in 1955. The term socialist state
means that India is a democratic socialist state and committed to socio- economic justice, that is to
be secure by the state through the democratic process and organized planning. However, the term
has not been defined by the constitution.

3. Secular: The term ‘Secular’ was also added in the 42 nd Amendment. Ever since the
inauguration of the constitution the citizens of India have enjoyed complete religious freedom. When
we will read the Fundamental Rights we will find how they promote secularism. Though India
behaved as a secular state but it was not described so in the Preamble. The deficiency has been
removed by the above addition. The term ‘Secularism’ means equal respect and equal protection of
all religions by government. This secularism is distinct from the negative concept of secularism held
in western traditions, that is, separation of religion and politics.
 4. Democratic: We found that the Preamble declared India to be a Democratic State. It means
that in India, the administration is carried on by the elected representative of the people. The
Constitution has introduced the system of Universal Adult franchise. The people of India enjoy all
those rights which are available in a democratic country. The constitution lays down the system of
Parliamentary Democracy. The term ‘Democratic’ in the Preamble is used to represent the
philosophy of democracy that the constitution has.
5. Republic: By republic we mean that in India, the highest executive authority shall be vested
in a person directly or indirectly elected by the people. The President, Vice-President of India and
Members of Rajya Sabha are elected indirectly by the people, while the Prime Minister and the other
members of the Lok Sabha are directly elected by the people. This implies that India cannot have
monarchical or feudal type of government. The Republic in the Preamble has both positive and
Negative meaning. Negatively, it means that India is not ruled by monarch and positively means that
it has an elected head for a fixed term.
6. Justice: Justice in the Preamble implies that the government will try to promote the welfare
of all section of the people of India. We find three types of justice –political, economic and social, in
the Preamble. We can see that to provide political justice the constitution has introduced Universal
Adult Franchise. In economic sphere justice is to be provided by raising the living standard of the
people. To provide social justice, all citizens are treated equally irrespective of their status in society
as a result of their birth, race, caste, religion, sex, title etc. The preamble places Justice higher than
the other principles of Liberty, Equality and Fraternity (Kashyap, 2011; 73).
7. Liberty: The Preamble declares liberty to be the second cardinal objective to be secured by
the Indian State. The Preamble by liberty does not mean mere absence of restraint. It is also positive
concept, where we find liberty of thought expression, belief, faith and worship as the objective to be
secured to all the people. The Fundamental Rights are designed to secure this objective.
8. Equality: The Preamble of Indian Constitution makes equality as the third objective of the
constitution. It promises equality of opportunity and status. And it has legal, social, political and
economic aspects. It says that all citizens are equal before law and enjoy equal protection of the laws
of the land. There cannot be any discrimination on the ground of primordial factors like religion,
race, caste, sex etc.

9. Fraternity: With a view to promote the spirit of brotherhood among the people and to
ensure proper dignity of the individual, the Constitution has paid attention to fraternity. To promote
this the constitution imposed certain fundamental duties on the citizens of India. Fraternity is
expected to preserve and promote the dignity of the individual’s life. The Preamble also says that in
order to safeguard the dignity of the individual, we need to build the nation and protect its unity and
integrity and this is through the spirit of common brotherhood and fraternity.

Constitutional Significance of the Preamble:

In the beginning of the chapter we read that Constitution of India has 22 parts. The preamble is not
one out of those. But many a time many people believe it as a part, due to its constitutional
significance. The preamble has helped us in different time to in understanding the constitution. We
can see the following constitutional significance of the constitution-

 The Preamble helps us in understanding the constitutional arrangements in clear terms. If any
section of the constitution is not clear than we may understand that with the help of philosophy of
the preamble.
 The words of the Preamble highlight some of the fundamental values and guiding principles on
which the Constitution of India is based. It serves as a guiding light for the Constitution and judges
interpret the Constitution in its light

 The Supreme Court of India, in a majority of decisions, has held that the preamble constitute the
basic structure of the Indian Constitution, which cannot be amended.

 The Preamble signifies by its very beginning that the actual power lies in the hand of people, not
in government agencies.

 The Preamble lays down the most important national goals such as socialism, secularism and
national integration etc. Every citizen and the government must try to achieve these goals.

 If we look at different amendments that have been taken up after the adoption of constitution we
will find that many of these are based on the preamble. For example we can say about the
amendments of reservation policies for weaker sections of the society. This is based on the
philosophy of social justice mentioned in the Preamble.

When we will read the next few chapters, we will be able to better understand the
significance of the Preamble. The next parts of this book will remind us the relevance of the
Preamble and its philosophy in Indian Constitution.

The Preamble is a part of the constitution:

So far, in this book, we have read that preamble is a part of the constitution but not among
the 22 parts of it. We also read that many people do not believe it as a part of the constitution. The
Supreme Court of India, while giving its opinion on the presidential Reference on the transfer of the
Berubari Union and the exchange of Enclaves, accepted that Preamble is not a part of the
Constitution. However, later on, it reversed its judgment in Keshavananda Bharati Case and held that
Preamble is a part of the Constitution. The Parliament also has accepted it as a part of the
Constitution. As such, the Preamble is now regarded as a sacred and basic part of the Constitution.
The Preamble defines the basic structure of the Constitution and it itself a part of the basic structure.
The next few parts of this book are based on this Preamble. Let us read the salient features of Indian
constitution, which also reflects the philosophy of the Preamble.

Nature and features of Indian Constitution:

So far, we have collected some basic ideas about the Indian Constitution. The Constitution has
impact of legacies, Constituent Assembly Debates and of other known constitutions. As the
 Constitution has borrowed many ideas from some known constitution, it is called as ‘borrowed
constitution’. Due to this we find the constitution a very comprehensive document. The nature of the
Indian Constitution is unique in many ways. It cannot be fitted in any particular model of constitution
as it is both-rigid and flexible, federal and unitary, presidential and parliamentary. The constitution
has many outstanding features which distinguishes it from other Constitutions. We can find the
following salient features of the Constitution of India:

1. Written Constitution: The constitution of India is a wholly written and detailed document. At the
time of adoption, the constitution of India had a preamble, 22 parts, 395 articles and 8 schedules.
Jennings describes it as the “largest written constitution in the word.” The constitution of India
included not only the Constitution of the Union but also of the States. It has incorporated several
unique features like-Fundamental rights and Duties, The Directive Principles of State Policies,
Emergency Provision, Language Provision etc, which made it quite lengthy. All these made the largest
written constitution.

2. Rigid and Flexible Constitution: On the ground of the amending procedure being difficult or easy, we
can say Indian constitution as combination of both rigid and flexible. There are three methods of
amending Indian Constitution. When we will look at the amendment procedures of Indian
constitution, we will see that the Constitution is flexible in the sense that most of its parts can be
amended by simple majority in the Houses of Parliament. It is rigid as other some provisions can be
amended by the House of Parliament by special two third majorities of the members present and
voting and majority of the total membership in each House. It is rigid in the third method also as in
few provisions, in addition to a special majority in the two Houses of Parliament, ratification of not
less than one half of the state is required. This mixture of amendment procedures make the
Constitution both rigid and flexible

3. Sovereign, Socialist, Secular, Democratic, Republic Constitution: We have already read about these
values in the Preamble of Indian Constitution. These values reflect the characteristics of Indian
Constitution. As we have read about these in detail, let us switch to other features of the
constitution.

4. Drawn from Different Sources: Another unique feature of the Indian Constitution is that it was
prepared after ransacking all the known constitution of the world. We already read in the first
chapter that apart from the legacies and Constituent Assembly debates, the fathers of constitution
are also influenced by Constitution of US, UK, USSR, Canada, Australia, and Ireland etc. Many
features of the Constitution are adopted from those. It is so, our constitution is a borrowed
Constitution.

5. Fundamental Rights: The Constitution of India, under its part III from Article 12 to 35, grants and
guarantees Fundamental Rights to its citizens. These rights are enforceable in the Courts. Originally,
the Constitution had seven Fundamental Rights, but after the 44 th Amendment in 1979, it decreased
to six. Our Constitution presents a balance between the rights of the individual on the one hand and
the interest of the society and the needs of the security of the state on the other (Kashyap, 2011; 52-
53).

6. Fundamental Duties: Fundamental Duties are another important feature of Indian Constitution. The
Constitution, in its part IVA- Article 51 A enumerates the Fundamental Duties of Indian Citizens. It
 lays down eleven duties for all the citizen of India. These Fundamental Duties are not enforceable in
the Courts.

7. Directive Principles of State Policy: ‘Directive Principles of State Policy’ is one of the most striking
features of Indian Constitution. These are instructions to the governments- both Union and State, for
securing socio-economic developments through its policies. Though these are not enforceable by the
courts, the government shall apply these in making laws.

8. Single Citizenship: Despite of the federal structure, for building an integrated Indian fraternity and a
united nation, India has single Citizenship system. The Constitution provides all citizens uniform
rights and freedom. This is also an important feature of Indian Constitution.

9. Parliamentary Government: The Constitution of India provides for a Parliamentary system of

government. In India, President is nominal head of the state and Prime Minister is the real head.
These feature is neither similar to the British nor to the US Constitution.

10. Bi-cameral Union Parliament: The Indian Constitution of India provides for a Bicameral legislature at
the Union level. It has two Houses- the Lok Sabha and the Rajya Sabha. The Lok Sabha is lower House
and the Rajya Sabha is upper House of the parliament. Of the two, Lok Sabha is more powerful than
the Rajya Sabha. This bi-cameral legislature is also an important feature of Indian Constitution.

11. Federation with strong Centre: Though we cannot find the term ‘federation’ in the Constitution of
India, but it is of federal nature. K C Where describes India as a ‘quasi federal’ constitution. The
constitution distributes the power in three lists- Union, Concurrent and State lists. However, it
provides a strong centre, which seems to be a unitary feature. This mixture of both Federalism and
Unitarianism is a feature of Indian Constitution.

12. Independent Judiciary: The Constitution of India establishes an independent judiciary. The judiciary
is not under the control of Executive and Legislature and empower with the power of judicial review,
judicial Activism etc. the High Courts and Supreme Court form a single integrated judicial structure
and enjoy the jurisdiction over Union, State, Civil, and Criminal laws.

13. Adult Franchise: Universal Adult Franchise is also an important feature of the Constitution. Based on
the principle of ‘one man one vote’ constitution opt for it without any distinction. Every Citizen who
is 18 years of age has the right to vote. Earlier the age was 21. This feature makes India a truly
democratic nation.

14. Emergency Provisions: We read that president is a nominal head of the state. The president enjoys
some powers and functions and among those Emergency power is also one. This enables the
executive to meet any emergency effectively. The constitution provides three types of Emergency
powers- General Emergency, Constitutional Emergency and Financial Emergency.

15. Special Provision of Backward Class: Another feature of the Indian Constitution is that there is
reservation of seats for the backward people in the Lok Sabha and state Assemblies. The Constitution
in its Part XVI also lays down that the claims of the Scheduled Castes and Scheduled Tribes shall be
 taken into consideration in making appointment to services and posts in connection with the affairs
of the Union or of the State to uplift them.

16. Provision regarding language: The Constitution has special provisions for defining the Language of
the Union, Regional Languages, and Language of the supreme and High Courts. In its Eight Schedule,
the Constitution recognizes major Indian Language. The tally is now 22. This is also an important
feature, which we can find in Indian constitution.

The Constitution of India is a most comprehensive and unique in many ways. This is a large
document and suitable for Indian environment. The above features have made the constitution
different from many other constitutions of the world. When we will read about the constitutions of
different countries in later part of the course, we will better understand how it is different from
others. But, for now, we can earn the idea about our Constitution, by reading these features. We can
understand better about it and its features in coming parts of the book.

Structure of the Constitution:

So far, we have come to know about the history and features of Indian Constitution. But how
does the constitution look like? What are the things that are written in that large document? Is it like
a book with chapters? Or it is like a report? In the following few paragraphs, we will try to know
these above questions? We will now read about the structure of the Constitution, the order it is
arranged and the way it is designed.

The constitution, as we know starts with the preamble. It is followed by the Parts, Schedules,
and Appendixes. We know that the Constitution has at present 22 Parts and these are Part I- Union
and its Territory, Part II-Citizenship, Part III-Fundamental Duties, Part IV-Directive Policies of State
Policy and Fundamental Duties {Part IV (A)}, Part V- The Union, Part VI- The States, Part VII- States in
the B part of the First schedule(Repealed)., Part VIII- The Union Territories, Part IX- Panchayat system
and Municipalities, Part X- The scheduled and Tribal Areas, Part XI- Relations between the Union and
the States, Part XII- Finance,Property, Contracts and Suits, Part XIII-Trade and Commerce within the
territory of India, Part XIV- Services Under the Union, the States and Tribunals, Part XV- Elections, Part
XVI- Special Provisions Relating to certain Classes, Part XVII– Languages, Part XVIII- Emergency
Provisions,Part XIX– Miscellaneous, Part XX- Amendment of the Constitution, Part XXI- Temporary,
Transitional and Special Provisions, Part XXII- Short title, date of commencement, Authoritative text
in Hindi and Repeals. If we accept Preamble as a part of Indian constitution, than it will come before
all the parts and rest will follow from Part I- Union and its Territory. The individual Articles of the
Constitution are grouped together into these Parts.

After these parts, the 12 schedules of the constitution come. The schedules are lists that
categories and tabulate activity and policy of the Government. The Schedules in the constitution are
arranged in the following order.
 First Schedule (Articles 1 and 4): This lists the states and territories of India, lists any changes to their
borders and the laws used to make that change.

 Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221): This lists the salaries of
officials holding public office, judges, and Comptroller and Auditor-General of India.

 Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219): Forms of Oaths – This lists the oaths of
offices for elected officials and judges.

 Fourth Schedule (Articles 4 and 80): This details the allocation of seats in the Rajya Sabha (the upper
house of Parliament) per State or Union Territory.

 Fifth Schedule (Article 244): This provides for the administration and control of Scheduled Areas
and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).

 Sixth Schedule (Articles 244 and 275): Provisions for the administration of tribal areas in Assam,
Meghalaya, Tripura, and Mizoram.

 Seventh Schedule (Article 246): The union (central government), state, and concurrent lists of
responsibilities.

 Eighth Schedule (Articles 344 and 351): The official languages.

 Ninth Schedule (Article 31-B): Articles mentioned here are immune from judicial review.

 Tenth Schedule (Articles 102 and 191): "Anti-defection" provisions for Members of Parliament and
Members of the State Legislatures.

 Eleventh Schedule (Article 243-G): Panchayat Raj (rural local government).

 Twelfth Schedule (Article 243-W): Municipalities (urban local government).

After these twelve Schedules, two Appendixes follow. These two are:

1. The Constitution (Application to Jammu and Kashmir) Order, 1954 and

2. Re-statement, with reference to the Present text of the Constitution, of the exceptions and
modifications subject to which the constitution applies to the state of Jammu and Kashmir.

Basic structure of the Constitution: After knowing about the composition of the constitution, we
also need to know the basic structure of the Constitution. Basic structure is that part of the
constitution, which are immune from the power of amendment. It is the judge-made principle that
certain feature of the Indian Constitution are beyond the limit of power of the amendment of the
Indian parliament. The basic structure of the Constitution cannot be altered by amendment (Basu,
2011; 167). The doctrine was first express by the Supreme Court of India in Kesavananda Bharati vs.
State of Kerala in 1973. It is to maintain the supremacy of the Constitution.

But the basic structure of the constitution is not defined. The Supreme Court while
propounding the concept of basic structure did not clearly specify as to what constituted the basic
structure of the Constitution. The power retained in the hand of judiciary to decide as to what
constitute the basic structure, on the basis of facts in each case. Different judges in their judgment
tried to explain the basic structure through certain illustrations.

Chief Justice Sikri listed five features of Basic features-supremacy of the Constitution,
republican and democratic form of government, secular character of the Constitution, separation of
powers between the legislature, executive and the judiciary, and federal character of the
Constitution. Shelat, J. and Grover, J. added two more basic features to this list: the mandate to build
a welfare state contained in the Directive Principles of State Policy, and unity and integrity of the
nation.

We can define the basic structure as those parts of the constitution without which the
constitution may lose its fundamental character. The basic Structure is at the ‘Heart of the
Constitutional Scheme’.

After knowing about the basic structure of the constitution, let us read about the other
important component of our constitution. The book in its other chapters will discuss the three parts
of government, election system, amendment procedure etc. So, in this chapter, we will not discuss
about these parts. Here we will read about the Part III, Part IV and Part IV (A) of the constitution. The
reason behind discussing these is that these parts are important part of Indian Constitution and it
reflects the philosophy of the constitution and preamble. These three parts lays down the governing
principle of Indian constitution. These three parts are also regarded as part of basic structure of the
constitution. So, let us know about these three in details.

Fundamental Rights:

A democracy is always supported by Fundamental Rights. Indian Constitution has also made
provisions for Fundamental Rights to promote democracy in India. In the previous chapter we have
learned about the sources of Fundamental rights of our constitution. Here, before knowing about the
Fundamental Rights ensured by Constitution of India, let us see what is Fundamental Rights?

The constitution is regarded as Fundamental law of the nation and the rights which are
incorporated here, therefore, regarded as Fundamental Rights. These rights are generally regarded
set of entitlements in the context of legal system. The rights which are needed for all round
developments of the human being are Fundamental Rights. They ensure the fullest physical, mental
and moral development of every citizen. Fundamental Rights include the basic freedom and
conditions which alone can make life worth living. In democracy, the Fundamental Rights are
considered as basic to better and happier life of human being. They are the soul of the constitution
(Avasthi, 2004; 229). Part III of Indian Constitution, with the heading Fundamental Rights, deals with
the charter of Rights. Here the constitution includes the basic rights which are necessary for
individual to live a dignified life.

The Genesis of Fundamental Rights in India:

The development of constitutionally guaranteed Fundamental Rights in India was inspired by

various historical events. England’s Bill of Rights in 1689, United States Bill of Rights in 1787 and
France’s Declaration of the Rights of Man in 1789 were among those. Constitution of India Bill, 1895
made the first systematic demand for Fundamental Rights. Thereafter, several committees were
appointed and resolutions were passed to put forth the perspectives of Indian Fundamental Rights
(Chakrabarty and Pandey, 2008; 11). In early 1930s, before the Simon Commission and Government
of India Act of 1935, a popular demand was made for Fundamental Rights. But Simon Commission
and the Joint Parliamentary Committee had rejected the idea of enacting declaration of Fundamental
Rights on the ground that abstract declarations are useless. However, nationalist opinion, since the
time of the Nehru Report was in favour of a Bill of Rights. The framers of the Constitution were also
especially influenced by the Constitution of United State, France, Irish, Japan, and Burma and by
Declaration of Human Rights by the United Nations. A Bill of Rights was among the primary tasks for
them. Therefore, Part III of the Constitution was discussed for as many 38 days- 11 days in the Sub-
Committee, 2 days in the Advisory Committee and 25 days in Constituent Assembly. The final shape
to the fundamental rights was given by the Advisory Committee for reporting on minorities,
fundamental rights, and on the tribal and excluded areas, under the chairmanship of Sardar Patel,
which the Constituent Assembly accepted and adopted (Chakrabarty and Pandey, 2008; 11). They
include these rights from Article to 12 to 35 of the constitution, out of which Article 12, 13, 33, 34
and 35 explains about the applicability of the rights that are categories in the articles from 14 to 32.

Fundamental Rights in Indian constitution:

After reading about the genesis of Fundamental Rights in India Constitution, let us see the Rights,
those are incorporated in the Constitution as fundamental or basic. In the original constitution,
adopted in 1950, there were seven sets of rights, designated as Fundamental. But, in the time of
Janata Government in 1978, by forty-fourth amendment to the constitution, the Right to Property
was repealed. Since then we, the people of India enjoy six sets of Fundamental Rights. The
constitution includes these rights from Article to 12 to 35 of the constitution, out of which Article 12,
13, 33, 34 and 35 explains about the applicability of the rights that are categories in the articles from
14 to 32.Let us see what are those rights in the six categories
1. Right to Equality: Articles 14 to 18 of the constitution deals with Right to Equality. There are several
rights under this category. These rights are-

 Equality before Law: According to Article 14 of the constitution the State shall not deny to any
person equality before the law or the equal protection of the laws within India. The law makes no
discrimination or distinction on the basis of status or position of citizen and in like circumstances
citizens get like treatment. By equality before law, the constitution describes the negative concepts of
law means absence of any special privilege and equal protection of the law is a more positive
concept, implying the right to equal treatment in equal circumstances.

However equality before law does not mean absolute equality or

equality among un-equals but among equals. It does not prohibit the classification of person into
different groups.

Prohibition Against Discrimination: According to Article 15 there should not be any discrimination
against a citizen on the ground only of race, religion, caste, sex, place of birth or any of them. No
citizen shall on any of these grounds, be denied access to shops, hotels, public restaurant, and places
of public entertainment; or the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the general public.

This Article also says that nothing shall prevent the State from making any special provision for
women, children and for the advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes.

Equality of Opportunity: Article 16 of the constitution provides for equality of opportunities for all
citizens in matters relating to employment or appointment to any office under the state. Citizen shall
not, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be
ineligible for, or discriminated against in respect of, any employment or office in India. The
constitution, however, does not debar the Parliament from making any law prescribing essential
qualification in regards to a class or classes of employment to any office. It is also laid down that this
rights shall not prevent the state from making any provision for reservation in favour of any backward
class of citizen which, is not adequately represented.

Abolition of Untouchability: The Article 17 of the constitution, for eradicating the evil practice of
untouchability in India, abolishes untouchability and makes its practice in any form an offence
punishable under the law.

 Abolition of Titles: According to the Article 18 of the Constitution, state shall not confer any title,
not being a military or academic distinction. It also says that Citizen of India shall not accept any title
from any foreign State. Even the non-Indians in the service of Indian State cannot accept titles from
 foreign State without the permission of the President of India. This provision aims at ensuring
equality for all.

Thus, the constitution, from Article 14 to 18 grants right to equality to the people of India.
These rights, along with the provisions of equality, also provide protective discrimination. These are
both positive and negative.

2. Right to Freedom: The second set of Rights which we can find in our constitution is Right to
Freedom. Four Articles starting from Article 19 to 22 deals with these rights. Let us see the rights
that we can enjoy under these articles.

 Six Fundamental Freedoms: In Article 19 of the Constitution we find six basic freedoms of the
people. These were originally seven, but 44 th amendment omitted the “the right to private property”
and leave only six freedoms. According to Article 19 of the constitution all citizens of India shall have
the right-

(i) To freedom of speech and expression;

(ii) To assemble peaceably and without arms;

(iii) To form associations or unions;

(iv) To move freely throughout the territory of India;

(v) To reside and settle in any part of the territory of India; and

(vi) To practice any profession, or to carry on any occupation, trade or business.

These above six freedoms constitute the backbone of the Right to Freedom. These are important for
the enjoyment of civil and political liberty. Freedom of speech and expression, freedom of
association, freedom of assembly etc are the essential freedom for democracy. You might have heard
about Right to Information. The Supreme Court of India has now held that Right to Information is
covered by the right to freedom of speech and expression. The are also important for personal
liberty.

Though the article proclaimed these rights or freedom but they are not absolute.
These freedoms are subject to some reasonable restrictions. For example, the freedom of speech can
be restricted on the grounds of defamation, security of state, friendly relations with foreign states,
contempt of court, decency or morality, incitement to an offence etc. Freedom of assembly and
association can be curtailed on grounds of public order etc. We have seen that many a time we are
restricted to move freely throughout the territory of Indi for public interest.

 Protection against Arbitrary Conviction: According to Article 20, the Constitution protects against the
arbitrary conviction in respect of offences committed to the people. According to the constitution
any person shall be convicted of any offence except for violation of a law in force at the time of the
commission of the Act charged as an offence, nor be subjected to any penalty greater than that
 which might have been inflicted under the law in force at the time of the commission of the offence.
It also says that no person shall be prosecuted and punished for the same offence more than once
and no person accused of any offence shall be compelled to be a witness against himself .

 Protection of life and personal liberty: Article 21 of the constitution provides protection to the life
and liberty of citizens as well as non-citizens. The Constitution here says that no person shall be
deprived of his life or personal liberty except according to procedure established by law. It provides
the right not to be subjected to imprisonment, arrest or physical coercion in any manner without
legal justification. Here ‘procedure established by law denotes the awarding of punishment in
accordance with law and according to the set procedure.

 Right to Education: We may have seen advertisements in different places mentioning the right to
education. Article 21A of the constitution deals with it. This Article was added as a new article by the
constitution by following 86th Amendment. It provides for free and compulsory education for all
children between the age of six to fourteen years.

 Protection Against Arrest and Detention: Under Article 22, the constitution provides for protection
against arbitrary arrest and detention. The constitution lays down that no person who is arrested
shall be detained in custody without being informed, as soon as may be, of the grounds for such
arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his
choice. It also says that Every person who is arrested and detained in custody shall be produced
before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time
necessary for the journey from the place of arrest to the court of the magistrate and no such person
shall be detained in custody beyond the that period without the authority of a magistrate.

The constitution, however, allows the state the power of curbing

individual’s freedom under some exceptional circumstances. For example the Parliament and the
legislatures have the power to pass preventive detention acts like TADA, POTA, MISA which can
enable the executive to arrest, detain and imprison any person without trail.

Thus we in the constitution found the right to freedom from article 19 to 22. But most of
these are very limited and restricted in nature.

3. Right Against Exploitation: In Indian Constitution, Articles 23 and 24 deal with the right against
exploitation. Exploitation means misuse of services of others with the help of force. This right aims at
preventing the exploitation of the weaker sections of the society by a person or by state. The rights
available under these two Articles are-

(i) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance with law.
 (ii) Nothing in this article shall prevent the State from imposing compulsory service for public purposes,
and in imposing such service the State shall not make any discrimination on grounds only of religion,
race, caste or class or any of them.

(iii) 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.

The parliament has enacted several laws to meet the objective set by these rights. But many a
time it is seen that these rights are not enjoyed by the citizen of India.

4. Right to Freedom of Religion: In the preamble we read that secularism is a feature of Indian
constitution. This secularism is ensured in the constitution by using the Right to Freedom of Religion.
It ensures the positive aspect of secularism. Articles 25 to 28 of the constitution guarantee the right
to freedom of religion to the citizen. The four articles of the constitution says that-

a) Freedom of conscience and free profession, practice and propagation of religion: article 25 of the
constitution provides the freedom of conscience and the right to profess, practice and propagate any
religion. This means there is no state religion in India and all religions are equal. People enjoy the
right to practice any religion that he or she likes.

b) Freedom to manage Religious Affairs: In Article 26, the constitution lays down that every religious
domination of any section has the right to establish and maintain institutions for religious and
charitable purpose, to manage its own affairs in matters of religion, to own and acquire movable and
immovable property, and to administer such property in accordance with law.

c) Freedom as to payment of taxes for promotion of any particular religion: Under Article 27, the
constitution lays down that no person shall be compelled to pay any taxes, the proceeds of which are
specifically appropriated in payment of expenses for the promotion or maintenance of any particular
religion or religious denomination.

d) Freedom as to attendance at religious instruction or religious worship in certain educational

institutions: Under Article 28, the constitution lays three important rights. These are-

(i) No religious instruction shall be provided in any educational institution wholly maintained out of
State funds.

(ii) However, it does not apply to an educational institution which is administered by the State but has
been established under any endowment or trust which requires that religious instruction shall be
imparted in such institution.

(iii) No person attending any educational institution can be forced to participate in a religious worship
that may be conducted in the institution.
 This right has certain qualifications. Exercised of this right is subject to public order, morality
and health.

5. Cultural and educational rights: We know that India is a country with many languages, religions and
cultures. The constitution, by cultural and educational rights provides measures to protect
these. Article 29 and 30 of Indian constitution provide that minority shall have the right to conserve
its own language, script, literature and culture. The idea of incorporating the culture and the
educational rights in the Constitution is to enable the minorities to conserve their culture. The
Constitution guarantees these rights by laying down that-

 Right to maintain Language, Script and Culture: Under the Article 29 of the constitution of India it
lays down that any section of the citizens residing in India or any part thereof having a distinct
language, script or culture of its own shall have the right to conserve the same. The Article also lays
that citizens shall not be denied admission into any educational institution maintained by the State
or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

 Right of minorities to establish and administer educational institutions: Article 30 of the Constitution
admits that all minorities, irrespective of religion or language, shall have the right to establish and
administer educational institutions of their choice. According to the Article in making any law
providing for the compulsory acquisition of any property of an educational institution established
and administered by a minority, the State shall ensure that the amount fixed by or determined under
such law for the acquisition of such property is such as would not restrict or abrogate the right
guaranteed. The State shall not also, in granting aid to educational institutions, discriminate against
any educational institution on the ground that it is under the management of a minority, whether
based on religion or language.

These rights granted under these Article tries to promote culture and education both minorities and
majorities of the society in homogeneous way. Based on the philosophy we found in the preamble,
these rights ensure every citizens right to equal and uniform behavior of the state toward its citizens
culture.

6. Right to Constitutional Remedies: Article 32 of the Constitution of India provides for the enforcement
of rights to constitutional remedies. As we know that rights in order to be meaningful must be
enforceable and backed by remedies in case of violation. Our constitution therefore not only
guarantees certain fundamental rights but under this article providing the right to constitutional
remedies also guarantees the right to move to the Supreme Court for its enforcement. The
Constitution, by this article ensures that-

 The right to move the Supreme Court by appropriate proceedings for the enforcement of the
fundamental rights.
  The Supreme Court shall have power to issue directions or orders or writs likehabeas corpus,
mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of these rights.

 Without prejudice to the powers conferred on the Supreme Court, the Parliament may by law
empower any other court to exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court for fundamental rights.

 This article also says that the right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution.

According to this Article a citizen can move to the Supreme Court for getting his fundamental rights.

These six are the fundamental rights guaranteed in part III of the constitution. While looking at these
rights we can see that some of them are available for all persons and some of them can be claimed
only by the Indian Citizens. For examples- equality before law and equal protection of all laws,
protection in respect of conviction for offences, protection of life and personal liberty, free and
compulsory education for children of 6-14 years, protection against arrest and detention in certain
cases, freedom of religion are for all irrespective their citizenship. On the other hand non
discrimination on the ground of religion, race, caste, sex etc. equal opportunity in public
employment, freedom of speech, expression are only for citizen of India.

Features and Significance of Fundamental Rights:

Justice Gajendragadkar described, narrating the significance of Fundamental Rights as the very
foundation and cornerstone of the democratic way of life ushered in India by the constitution. It
represents the basic values cherished by the people of this country. These were included in the
constitution because they are essential for the development of every individual and to preserve
human dignity. The democracy will not have any meaning without these rights.

The Fundamental Rights guaranteed under the constitution not only protects but also
prevent gross violation of human rights. These rights emphasize on the fundamental unity of India by
guaranteeing to all citizens the access and use of the same facilities, irrespective of background.

We already know that some fundamental rights apply for persons of any nationality and others
are available only to the citizens of India. This indicates us how these are so important that even a
non citizen must enjoy it. We know that some rights are positive and some are negative. Fundamental
rights primarily protect individuals from any arbitrary state actions, but as some are negative they are
enforceable against individuals. For example abolition of Untouchability and prohibition of begar by
the constitution check both on state action as well as the action of private individuals. You may have
heard about Kasab, who was arrested in Mumbai. He was a non Indian citizen and he was arrested
for his unlawful activity. India had not punished or killed him without a trial as the constitution in
Fundamental Rights does not permit that. This implies the significance of these rights.

Directive Principles of State Policy:

After knowing about the Fundamental Rights, it is also important for us to know about the guiding
principles that are available in the Constitution to direct the state. Dr. BR Ambedkar said about the
Directive Principles of State Policies as the “Novel feature” of the Constitution. But what we
understand by ‘Directive Principles of State Policies’? What is its significance in the constitution?
Where these principles are recorded? What is the History of this Directive Principles of State Policy?

Directive Principles of State Policy are non-justiciable but fundamental instructions or

guidelines to the government in a state. They are the guidelines to the central and state
governments, to be kept in mind while policy and law framing. In Indian Constitution Part IV of the
Constitution deal with these principles. These are not enforceable in the court, but the principles laid
down therein are basic in the governance of the country. The Constitution of India, from Article 36 to
51 lays down the Directive Principles of State Policy. The Directive Principles of State Policy are the
restatement of the ideas stated in the Preamble. They are to serve as institutions to the governments
to act in a way so as to promote fraternity and equality and to guarantee justice and liberty to the
people.

L.M. Singhvi said about it as Directive principles are the life giving provisions of the
Constitution and it constitute the stuff of the Constitution and its philosophy of social justice
(Avasthi, 2004; 239). The purpose of these is to secure social and economic justice and equality of
opportunity and status. In Article 38 of our Constitution, we can find as “The State shall strive to
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.” It
further explains that “The State shall, in particular, strive to minimize the inequalities in income, and
endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals
but also amongst groups of people residing in different areas or engaged in different vocations.”

Origin of Directive Principles of State Policy in India:

When we were reading the first chapter of this book, we read about the influence of Irish Constitution
to our Constitution. The Directive Principles of State Policy, which we are now talking about, is also
influenced by that. In Irish Constitution this Directive Principles of State Policy are known as
“Directive Principles of Social Policy”. Besides the Irish Constitution, there are some more sources of
origin of Directive Principles of state Policy. Concept of Welfare State has inspired the members of
Constitutional Assembly to come out with Directive Principles of State Policies. When we will read the
principles included in the constitution, we will see that Declaration of Right of man proclaimed by
France Revolution, American Declaration of Independence, United Nations Universal Declaration of
Human Rights and the experiences collected from British rule and Indian Freedom Struggle have also
directly or indirectly influenced the maker of the constitution for incorporating some directive
principles.

Directive Principles of State Policy in Indian Constitution:

The Constitution of India has incorporated several types of Directive Principles. These principles
largely reflect the philosophy of the Constitution and the Preamble. These principles are however not
systematically arranged in the constitution and also not classified in any categories. But for
understanding it in better way many scholars have categories it in different categories. Prof M.P
 Sharma has classified these into three categories, viz. Socialistic, Gandhian and Liberal
intellectualistic. Here to understand these principles in a better way, we can classify these into four
broader categories, viz. Socialistic principles, Gandhian principles, Liberal principles, and
Miscellaneous Principles.

Socialistic principles:

The socialistic category of Directive Principles aims at securing a welfare socialist state. These
principles say that state shall endeavor to achieve Social and Economic welfare of the people. Let’s
see what are the principles that can be include in this category and in which article they are
mentioned.

 Article 38 of the Constitution declares that the primary concern of the state is to promote welfare of
the people and to create a social order in which social, economic and political Justice is ensured by
all the national institution. This principle says that state shall try to secure the welfare of people by
securing a just social order.

 According to Article 39, the state shall direct its policy towards securing-

 Adequate means of livelihood to all citizens, both men and women.

 Distributing the ownership and control of the material resources of the community for common
good.

 State shall try that the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment.

 Based on the principle of equality, securing equal pay for equal work for both men and women.

 Securing suitable and healthy employment for men, women and children, so that their health is not
undermined. State shall also try to see that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength.

 To secure that, children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and to protect children and youth from exploitation and against
moral and material abandonment.

 According to Article 41 of the Constitution, the State shall, within the limits of its economic capacity
and development, make effective provision 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.

 This category also includes the Article 42, where it says that state shall make provisions for securing
just and humane conditions of work, and for maternity relief.
 Overview of Articles of Part IV
Art. 36: Provides the definition of the word “state”.

Art. 37: Non-justiciability of any provision contained in

this part of the Constitution.
 According to Article 43, to secure to all
workers, work, a living wage, Art. 38: Mandates the state to strive for the social
conditions of work ensuring a decent welfare of the people.
standard of life, and full enjoyment of
leisure and social and cultural Art. 39: Lists the principles to be followed by the state
opportunities. According to Article while carrying out its policy, notably, to provide
43(A) state shall secure participation of adequate means of livelihood to people, distribution
workers in the management of of resources and prevention of concentration of
industries. wealth in few hands.

 Article 46 directs that the State shall Art. 39A: Secures equal justice and free legal aid for
promote with special care the the people.
educational and economic interests of
Art. 40: Provides for organization of Village Panchayats.
the weaker sections of the people, and,
in particular, of the Scheduled Castes Art. 41: Provides work, education and public assistance
and the Scheduled Tribes, and shall to unemployed, sick and old age.
protect them from social injustice and
all forms of exploitation. Art. 42: Provides for just and humane conditions of
work and maternity relief.
 Another Directive Principle lays in
this category is that state shall, Art. 43: Provides for decent standard of life for all
according to Article 47, do its best workers.
to raise the standard of living of its
Art. 43A: Directs to provide participation of workers in
people and the improve public
management of industries.
health.
Art. 44: Mandates a Uniform Civil Code for whole of
the country.
Gandhian principles:
Art. 45: Provides for free and compulsory education.

Art. 46: Directs to work for benefit for backward

There are certain Directive Principles in communities.
the constitution, based on the ideals
advocated by Mahatma Gandhi. These Art. 47: Mandates to raise the level of nutrition.
Principles are as follows:
Art. 48: Directs to improve animal husbandry and
 Article 40 directs the state to organize agriculture.
Village Panchayats and endow them
Art. 48A: Provides for improvement for environment.
with adequate powers and authority.
Art. 49: Provides for care of monuments.
 Article 43 directs the state to promote
cottage industries on an individual or Art. 50: Separation of Judiciary and Executive.
cooperative basis in rural areas.
19. Art. 51: Lays down principles of International
 Article 46 direct the state that it shall policy.
promote with special care the
educational and economic interests of the weaker sect ions of the people, and, in particular, of the
 Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms
of exploitation.

 Gandhian Principle covers Article 47. This article guides state to secure the improvement of public
health and the prohibition of intoxicating drinks and drugs.

 According to article 48, the State shall preserve and improve the breeds and prohibit the slaughter of
cows, calves and other milch and draught cattle.

Liberal principles:

There are some liberal principles also to direct the state in India. These principles are-

 The Directive Principles of State Policy in Article 39(A) direct the state to provide free legal aid to the
poor so that justice is not denied to any citizen because of poverty.

 According to Article 44, the State shall endeavor to secure for the citizens a uniform civil code
throughout the territory of India.

 The State shall endeavor to provide, according to Article 45, free and compulsory education for all
children until they complete the age of fourteen years.

 According to the Article 50, the State shall take steps to separate the judiciary from the executive in
the public services of the State.
Suggestion by “National Commission to
Review the working of the Constitution”
National Commission setup for reviewing the
Miscellaneous Principles:
Constitution suggesting improvement in working
of Constitutional mechanism stated that the State
should derive appropriate mechanism for
Apart from the above three categories of
realization of Directive Principles. In view of the
Directive Principles, there are some general
Commission, there must be a body of high status
Directive Principles also. We will read these
which first reviews the state of the level of
principles as miscellaneous Directive
implementation of the Directive Principles and
Principles. This category covers directives
Economic, Social and Cultural Rights and in
related international behavior and other
particular, 1) the right to work, 2) the right to
directives. Let us see the directives that we
health, 3) the right to food, clothing and shelter, 4)
can bring in this category.
right to education upto and beyond the 14th year,
 The Article 48(A) directs the state for 5) the right to culture.
protection and improvement of
environment and safeguarding of forests and wild life. According to this article “The State shall
endeavor to protect and improve the environment and to safeguard the forests and wild life of
the country.”
 Protection of monuments and places and objects of national importance is another directive
principle in Indian constitution. According to Article 49, it shall be the obligation of the State to
protect every monument or place or object of artistic or historic interest, declared by or under law
made by Parliament to be of national importance, from spoliation, disfigurement, destruct ion,
removal, disposal or export, as the case may be.

 Article 51 directs the state to adopt policies on the basis of following principles-

a) Promote international peace and security.

b) Maintain just and honorable relations between nations.

c) Foster respect for international law and treaty obligations in the dealings of organized peoples with
one another.

d) Encourage settlement of international disputes by arbitration.

Significance of Directive Principles of State Policy:

Implementation of Directive Principles

Now we learn about the Directive Principles of

State Policy. We also know that these are non-
justiciable. Still why these principles are so  Abolition of Zamidari System and Land
important that we recognized it as an important Reforms.
part of Indian Constitution? Here we will learn
 Rejuvenating Rural and Urban Local
about its significance and importance in the
Government institutions.
constitution.
 Special Protection of weaker sections of
Many people have criticized the Directive
the society- women, children, Backward
Principles of State Policy as they do not have
Caste and Tribes.
constitutional significance. But though these are
not enforceable, they have value. Article 37  Support to Small Scale and Cottage
declares it as fundamental in governance. They Industries.
guide the Union and the State Legislature in
enacting social reform legislation. So, it is their  Free and Compulsory Education Programs.
responsibility to implement these principles.
 Development of Agriculture and Animal
According to Article 355 it is the duty of the Union
Husbandry.
to ensure that the Government of every state is
carried on in accordance with the Constitution  Panchsheel and Non-alignment in
and as these International Relation.

Principles are part of the constitution it is the  National Missions and Programs like
duty of the Union to see that every State taken NRHM, MGNREGA, SSA, Food Security Bill
proper step for its implementation. Apart from have been launched to uplift health
employment, livelihood, Education etc.
these Constitutional Validity of many laws can be maintained and checked with reference to Directive
principles.

Directive principles guide the future policies of the state and declare the ideal of the welfare
state. These Principles ensure continuity in the policies of the government and supplement the
fundamental rights and freedom of the people. They constitute a manifesto for securing the socio-
economic foundation of India which is pleaded for in the Preamble. The Planning Commissions have
accepted these policies as useful guidelines for determining their approaches to national
reconstruction and transformation. Talking about Directive Principles of State Policy DD Basu said
that it is important both in the matter of administration and law making (Basu, 2011: 151). Dr. B R
Ambedkar observed in the Constitution Assembly as “if any Government ignores them, they will
certainly have to answer for them before the electorate at the election time” (Avasthi, 2004: 242).
Austin observed these as aimed at furthering the goal of social revolution (Basu, 2011: 155).

Fundamental Duties:

We have learned about Fundamental Rights and Directive Principles. But Indian Constitution not only
talkes about Rights but also duties. Rights and Duties are related to each other in such a way that the
rights of one person entail the duties of another (Borbora in Dutta’s editd, 2011: 94). So, for us it is
equally important to know about the Fundamental Duties incorporated in Indian Constitution, while
understanding its basic structure.

Fundamental Duties are those moral obligations of all citizen of a country that are necessary
to uplift a spirit of patriotism and to uphold the unity of the nation. Western Countries have given
less prominence to the duties than the rights, but socialist states give equal importance to both. The
international documents, such as, the Universal Declaration of Human Rights and International
Covenant on Civil and Political Rights give importance to fundamental duties . Apart from India
Constitutions of Italy, People’s Republic of China, Netherlands, and Poland etc. also contain duties of
the citizens.

The Original Constitution did not have any definite part on Fundamental Duties of the citizen.
These were incorporated in the Constitution in Part IV A by the Forty-second Amendment Act of
1976, during the operation of the proclamation of Emergency. A Committee called Swaran Singh
Committee was established in February 1976 for suggesting constitutional reforms and it in May,
1976 besides other things, recommended for incorporation of a list of Fundamental Duties. Though it
came belatedly, it does not mean that before the Forty-second Amendment the citizens had no duty.
In Article 33, the constitution mentioned some responsibilities of the armed forces. Fundamental
Rights in Part III also implied a corresponding duty and obligation of the citizens. But only after this
Amendment a separate Part as part IV A was created and 10 Fundamental Duties were included in
Article 51 A. These duties are in consonance with article 29(1) of Universal Declaration of Human
Rights which says “Everyone has duties to the community in which alone the free and full
development of his personality is possible” (Levin, 2008: 129).

In support for a list of Fundamental Duties it is said that in post independent India, particularly
on the eve of emergency in June, 1975, a section of the people showed zeal in emphasizing the
fundamental rights and showed no anxiety to fulfil their
fundamental obligations of respecting the established legal order National Flag
and it is fundamental duties which can sober these anti-national
spirit.

We read that 10 duties were incorporated by

nd
42 Amendment. But Article 51 A was amended by
86th Amendment and the number of Fundamental duties increased
to 11. Let us see the duties that are incorporated in the
Constitution as Fundamental to its citizen.

(a) To abide by the Constitution and respect its ideals and

institutions, the National Flag and the National Anthem;

(b) To cherish and follow the noble ideals which inspired our
national struggle for freedom;

(c) To uphold and protect the sovereignty, unity and integrity of India;

(d) To defend the country and render national service when called upon to do so;

(e) To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;

(f) To value and preserve the rich heritage of our composite culture;

(g) To protect and improve the natural environment including forests, lakes, rivers and wild life, and
to have compassion for living creatures;

(h) To develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) To safeguard public property and to abjure violence;

(j) To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement;

(k) Who is a parent or guardian to provide opportunities for education to his child or, as the case may
be, ward between the age of six and fourteen years.
 The above duties these were incorporated with an intension of establish democratic balance.
These Duties are important for upholding national integration and for social and cultural
development. They also promote rights in parallel. So, these duties are very significant. But as there
is no provision in the constitution for direct enforcement of it and nor their in any provision to
prevent or punish their violation these are not regarded as significant.

Conclusion:

In the introduction part of the chapter we had found some questions that asked structure and
philosophy of the constitution, guiding principles of the government, duties of citizen etc. Now after
reading about preamble, nature, feature and structure of the constitution, fundamental rights, duties
and Directive Principles, we have found that the constitution with a definite structure and philosophy
guide the citizen and the government some principles and ensure some rights. But this does not
complete our whole understanding of our constitution, Government and Politics of India. In the next
few chapters we will read more important issues of Indian political system.

Suggested readings:

2. Avasthi, A.P (2004), Indian Political System, Educational Publishers, Agra.

3. Basu, DD (2011), Introduction to the Constitution of India, LexisNexis, Nagpur.

4. Dutta A.R. (ed: 2011), Political Theory: Issues, Concepts and Debates, Arun, Guwahati.

5. Kashyap, S.C (2011), Our Constitution: An Introduction to India’s Constitution and

Constitutional Law, NBT, New Delhi.

6. Singh, MP& Saxena, Rekha (2010), Indian Politics: Contemporary Issues and
Concerns, PHI, New Delhi.

7. Levin Leah (2008), Human Rights: Questions and Answers, NBT, New Delhi.

8. লযহন, থযননশ্বৰ (২০০৭), ভযৰতৰ চৰকযৰ আৰৰ ৰযজনমীতত, তৰ ষযৰ, তডিব্রুগড়।

(I HAVE DEVELOPED THIS WORK FOR OUR UPCOMING BOOK ON INDIAN
GOVERNMENT AND POLITICS)

Posted by Pankaj Bora at 4:36 AM

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