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Legal Studies Class-Xi Unit - 1 Chapter - 4 Topic-Basic Features of The Constitution of India (MODULE 17)

The document provides an overview of the Constitution of India, including its origins and key features. It discusses how the Constitution was established by an elected Constituent Assembly, with the goal of framing a document that reflected India's diversity and established an independent democratic system of governance. It also summarizes some of the previous governing Acts passed by the British that granted limited self-governance to Indians and led to a demand for greater independence. The Assembly worked for around three years to draft and adopt the Constitution, which officially came into effect on January 26, 1950 and established the Republic of India.

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Smita Mohanty
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56 views

Legal Studies Class-Xi Unit - 1 Chapter - 4 Topic-Basic Features of The Constitution of India (MODULE 17)

The document provides an overview of the Constitution of India, including its origins and key features. It discusses how the Constitution was established by an elected Constituent Assembly, with the goal of framing a document that reflected India's diversity and established an independent democratic system of governance. It also summarizes some of the previous governing Acts passed by the British that granted limited self-governance to Indians and led to a demand for greater independence. The Assembly worked for around three years to draft and adopt the Constitution, which officially came into effect on January 26, 1950 and established the Republic of India.

Uploaded by

Smita Mohanty
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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LEGAL STUDIES

CLASS-XI

UNIT -1 CHAPTER -4

TOPIC- BASIC FEATURES OF THE CONSTITUTION OF


INDIA

(MODULE 17)
MEANING OF THE TERM CONSTITUTION
The term Constitution is derived from the
Latin term "constitutio" which means 'to
establish'.
DEFINITION OF THE TERM CONSTITUTION
Aristotle (384 - 322 BCE) defined Constitution
'as the way of life which the state has chosen
for itself'.
FEATURES

1. It is a body of rules.

2. It may be in a written or unwritten form.

3 It establishes relationship among the organs,


describes their structure, composition, powers and
principal functions and regulates their relationship
with the people, more particularly the political
relationship
4 It determines the powers and
responsibilities of state and organs of
government.

5 It may be written in a single document or


in several documents.

6 It determines the rights and duties of the


citizens of a State.

7 It is the fundamental law of a State.


Hence, a Constitution is an agreed upon
document, which 'establishes' the basis on
which consenting people shall govern
themselves.
HISTORICAL PRESPECTIVE OF INDIAN
CONSTITUTION
Some of the significant legislations of the British
Parliament responsible for the governance of India
were:
1. Government of India Act, 1858
2. Indian Councils Act, 1861
3. Indian Councils Act, 1892
4. Indian Councils Act, 1909
5. Government of India Act, 1919
6. Government of India Act 1935.
Government of India Act, 1935

The Government of India Act, 1935 has provided the


administrative details and language to the
provisions of the Constitution’

It referred to India as a federation of


Provinces and Indian States.
Government of India assumed the role of Federal
Government.

The Central legislature was bicameral consisting of


Federal Assembly and Council of State.

Some of the Provincial legislatures had bi-cameral


legislature and other Provinces had uni-cameral
legislature.

The legislative powers and matters were divided


between Central Legislature and Provincial Legislatures.
The powers assigned to the Central legislatures and
provincial legislatures were included in the
Federal List, Provincial List respectively.

The Centre and Provinces could exercise their


combined authority on matters included in the
Concurrent List.
Federal List:

It dealt with matters such as Currency, External Affairs,


Armed Forces, etc. on which only Central legislature had
the authority to legislate.

Provincial List:

It dealt with matters such as Education, Public Health,


and Agriculture, etc. on which only Provincial legislature
had the authority to legislate.
Concurrent List:

It dealt with matters such as marriage and divorce,


criminal Law, civil law and procedure, etc. on which both
federal and provincial legislatures had authority to
legislate.
The exercise of legislative power was subject to
various limitations:

1. Governor-General's and Crown's power to veto a


bill passed by the legislature.

2. Governor-General's power to issue ordinance and


permanent acts, when the legislative house was not in
session.
3. Governor-General's power to suspend legislature, if
the proceedings would affect the
discharge of his special responsibilities.

4. No bill to amend or repeal the law of British


Parliament as applicable in India, can be
introduced in legislature without the previous sanction
of Governor-General.
Thus, the Central legislature and similarly the Provincial
legislatures were to act under the
instructions of Governor-General, Secretary of State and
ultimately the sovereign powers of the British Crown.

Indians were given very limited rights of self-governance.


Growing dissatisfaction over limited governing
rights granted to Indians under 1935 Act led to
widespread protests.

Eventually the Colonial government conceded


that the Constitution of India would be framed
by an elected Constituent Assembly consisting
of Indian people.
It was also agreed to establish an independent
Constituent Assembly free from outside interference
to frame the Constitution of India.

On December9, 1946 the Constituent Assembly, a


body elected by members of the provincial
legislatures and state legislatures, met for the first
time and formally commenced the task of
'Constitution making'.
The Indian Independence Act 1947
'The Indian Independence Act, 1947' enacted
by the British Parliament got Royal Assent and
came to force on July 18, 1947.

The Act provided that from 15 August 1947,


referred to as 'appointment date' under
Government of India Act, 1935, two
independent Dominions, to be known as India
and Pakistan would be established.
The Constituent Assembly of each Dominion was to have
unlimited power to frame, adopt any Constitution.

It had all authority to repeal any act of British Parliament


including Indian Independence Act.
The Drafting Committee worked under the Chairmanship of
Dr. Bhim Rao Ambedkar, the Law Minister from 15 August
1947 to 26 January 1950.

After many discussions and deliberations to improve the


existing system of administration, geographical
compulsions, social and cultural diversities and historical
precedents, a proposal on Draft Constitution of India was
prepared.
The draft received assent from the President of the Assembly
Dr. Rajendra Prasad and was declared passed on 26
November 1949.

The Constituent Assembly held 11 sessions and took a period


of 2 years, 11 months and 18 days before it signed two copies
of the document one in Hindi by the name of "Bhartiya
Sanvidhan" and another in English "The Constitution of India".
The Constitution of India was adopted on 26 November
1949.

Some of the provisions were given immediate effect.


The bulk of the Constitution only became effective on 26
January1950.

This date is referred to as the date of commencement


under Article 394 of
the Constitution.

Every year 26th January is commemorated as 'Republic


Day' in India.

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