INDIAN

POLITY

Lecture by
Sanaa Parvez
MAKING OF THE CONSTITUTION
• Constituent Assembly
• Various committees
• Sources of Inspiration

COMPOSITION AND SALIENT FEATURES OF THE CONSTITUTION

• Parts, Articles and Schedules
• Preamble
• Constitutional Amendment
• Doctrine of Basic Structure
• Emergency provisions

FUNDAMENTAL RIGHTS, DIRECTIVE PRINCIPLES OF STATE POLICY, AND

FUNDAMENTAL DUTIES

CONSTITUTIONAL POSTS AND BODIES

• President, Vice-President, Prime Minister, and Council of Ministers, Governor and Chief Ministers
• Election Commission, Finance Commission, CAG, AG & CIC
SALIENT It is the supreme law.

FEATURES OF
THE Every other law must be
in compliance with the
constitution.
CONSTITUTIO
N Judiciary is
the protector/ upholder/
caretaker of the
Constitution.

Constitution is
a check on the abuse of
power.
MAKING OF THE CONSTITUTION
Implementation
First meeting of the Constituent Assembly Draft finalized

13 Dec. 1946 24 Jan. 1950

9 Dec. 1946 26 Nov. 1949 26 Jan. 1950

Objective Resolution Last meeting of the C. Assembly

CONSTITUENT ASSEMBLY

• The Constituent Assembly of India was elected to frame the Constitution of India. It was elected
by the 'Provincial Assembly'.
• The Constituent Assembly of India, consisting of indirectly elected representatives.
• Under the Cabinet Mission Plan of 1946, elections were held for the first time for the Constituent
Assembly.
• The total membership of the Constituent Assembly was 389 of which 292 were representatives of
the provinces, 93 represented the princely states and four were from the chief commissioner
provinces of Delhi, Ajmer-Merwara, Coorg and British Baluchistan.
 PERSONS INVOLVED -
Pt. Jawahar Lal Nehru – Drafted the
Objective Resolution

First President of the Constituent Permanent President – Dr HC Mookherjee-Vice President

Assembly - Rajendra Prasad
Dr Sachidananda Sinha

Advisory Committee on Fundamental Rights, Minorities and

B.N. Rau- Constitutional Advisor
Tribal and Excluded Areas- Sardar Vallabh Bhai Patel
DRAFTING COMMITTEE
Alladi Krishnaswami Ayyar

N. Gopalaswami

B.R. Ambedkar

K.M Munshi

Mohammad Saadulla

B.L. Mitter – later N Madhava Rau

Chairman of the Drafting D.P. Khaitan.- later T T

Committee - Krishnamachari
Dr. BR Ambedkar
PREAMBLE
Government of Federal Scheme, Emergency Provisions, Public Service Commissions, Office of Governor
Judiciary, Administrative Details
India Act, 1935

UK Parliamentary form of government, The Rule of Law, the concept of the legislative procedure, single Citizenship, Cabinet in the
Government, Prerogative writs, Parliamentary privileges and Bicameral legislature

US fundamental rights, Independence of judiciary, Judicial review (most important), Impeachment of the President, Removal of
Supreme Court and High Court judges, Concept of the Vice-President

The Soviet Union The Fundamental duties and the ideals of justice (social, economic and political) in the Preamble
or Russia
Australia Concurrent list, Freedom of trade, commerce and intercourse, joint-sitting of the two Houses of Parliament

Fance Ideals of liberty, equality and fraternity, concept of Republic

Ireland Directive Principles of State Policy, the nomination of members to Rajya Sabha, the method of election of the president

Canada quasi-federal form of government, a federal system with a strong central government, Distribution of powers between Centre and
State, the idea of residual powers, Supreme Court's advisory function, Centre's powers to appoint the governors of states.

Japan Procedure Established by law

Germany Concept of Emergency and suspension of Fundamental Rights during that time
(Weimar)
South Africa process of amendment in the Constitution and the way to elect the members of the Rajya Sabha
Parts and Subject Articles

Part I – The Union and its Territories 1–4

Part II – Citizenship 5 -11

Part III – Fundamental Rights 12 – 35

Part IV – Directive Principles of State Policy 36 – 51

Part IV A – Fundamental Duties 51A

Part V – The Union 52 – 151

Part VI – The States 152 – 237

Part VII – The States in Part B of First Schedule 238 [Repealed]

Part VIII – The Union Territories 239 – 242

Part IX – The Panchayats 243 – 243O

Part IXA – The Municipalities 243P – 243ZG

Part IXB – The Co-operative Societies 243ZH – 243ZT

Part X – The Scheduled and Tribal Areas 244 – 244A

Part XI – Relation between the Union and the States 245 – 263

Part XII – Finance, Property, Contracts and Suits 264 – 300A

Part XIII – Trade, Commerce and Intercourse within the territory of India 301 – 307

Part XIV – Services Under the Union and the States 308 – 323

Part XIVA – Tribunals 323A – 323B

Part XV – Elections 324 – 329A

Part XVI – Special provisions relating to certain classes 330 – 342

Part XVII – Official language 343 – 351
Part XVIII – Emergency Provisions 352 – 360
Part XIX – Miscellaneous 361 – 367
Part XX – Amendment of the Constitution 368
Part XXI – Temporary, Transitional and Special 369 – 392
Provisions
Part XXII – Short Title, Commencement, Authoritative 393 – 395
Text in Hindi and Repeals
SOME IMPORTANT
ARTICLES
SOME IMPORTANT ARTICLES
• 72. Power of President to grant pardons, etc., and to suspend, remit or
• 1. Name and territory of the Union
commute sentences in certain cases
• 14. Equality before law
• 74. Council of Ministers to aid and advise President
• 15. Prohibition of discrimination on grounds of religion, race, caste, sex or
• 110. Definition of “Money Bills
place of birth
• 112. Annual financial statement
• 16. Equality of opportunity in matters of public employment
• 123. Power of President to promulgate Ordinances during recess of
• 19. Protection of certain rights regarding freedom of speech, etc
Parliament
• 21. Protection of life and personal liberty • 280. Finance Commission
• 21A. Right to education • 300A. Persons not to be deprived of property save by authority of law
• 25. Freedom of conscience and free profession, practice and propagation of • 324. Superintendence, direction and control of elections to be vested in an
religion Election Commission
• 30. Right of minorities to establish and administer educational institutions • 352. Proclamation of Emergency
• 32. Remedies for enforcement of rights conferred by this Part • 356. Provisions in case of failure of constitutional machinery in States
• 44. Uniform civil code for the citizens • 360. Provisions as to financial emergency
• 51A. Fundamental duties • 368. Power of Parliament to amend the Constitution and procedure therefor
SCHEDULES
1st schedule: List of States and Union Territories and their Territories
2nd Schedule: Allowances, privileges, Emoluments of the President, Governors, Supreme Court Judges, etc.
3rd Schedule: Oaths and affirmations
4th Schedule: Allocation of seats for State and Union Territories in the Rajya Sabha
5th Schedule: Administration and control of scheduled areas and scheduled tribes
6th Schedule: Administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram
7th Schedule: Federal Structure - deals with the three legislative lists: Union, State, Concurrent
8th Schedule: 22 official languages
9th Schedule: Land reforms and the abolition of the zamindari system.
10th Schedule: Provisions relating to disqualification of the members on the ground of Defection
11th Schedule: Panchayats
12th Schedule: Municipalities
TRICKS T- Territories
E - Emoluments
A - Affirmations
R - Rajya Sabha
S - Scheduled Areas
O - Other Areas
F - Federal Structure
O - Official languages
L - land Reforms
D - Defection laws
P - Panchayat
M - Municipality
1) Assamese, (12) Oriya
(2) Bengali, (13) Punjabi,
(3) Gujarati, (14) Sanskrit,
(4) Hindi, (15) Sindhi,
(5) Kannada, (16) Tamil,
(6) Kashmiri, (17) Telugu,
(7) Konkani, (18) Urdu
(8) Malayalam, (19) Bodo,
(9) Manipuri, (20) Santhali,
(10) Marathi, (21) Maithili and
(11) Nepali, (22) Dogri.