What is Constitution ?

1. What is the Constitution?

i. Need for a Constitution in a democracy
ii. The Constitution of India
iii. Organs of the Constitution

These inscriptions in Hindi and English at the Central Hall of Parliament House
refer to the meeting of the Constituent Assembly of India in this Hall from Dec.
9, 1946 to January 24, 1950.
Need for Constitution in a Democracy
What does the Constitution provide to its citizens?

 In a democracy, the Constitution is a sacred text for the

Government- It lays a strong foundation for a parliamentary
democracy to function.

 The Constitution is the supreme law of a Nation

 India is the largest democracy in the world, and its Constitution

serves as a guiding light for it to function smoothly and vibrantly.

 Ever evolving, the Constitution of India is dynamic and adapts itself

to changing times, to address the changing needs and requirements
of a developing nation.

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 Founding Fathers of our Constitution
Key figures in India’s constitution-making process

Dr. Rajendra Prasad Dr B.R. Ambedkar

• President of the • Referred to as the ‘Father of the
Constituent Assembly. Constitution’, Dr Ambedkar played a
• Elected as the first President leading role in the Constitution’s
of independent India On framing process
24th Jan 1950, at the last • He was the Chairman of the
session of the Constituent Assembly’s most crucial committee
Assembly – the Drafting Committee.
• Distinction of being the only • He was directly responsible for
President to have been re- preparing the draft Constitution for
elected for a second term Independent India.
(1950-1962). • Appointed as the first Law Minister
of independent India in 1947.
Sardar Vallabh Bhai Patel
• Sardar Vallabhbhai Patel was a key member
of the Constituent Assembly
• He was instrumental in the integration of
over 500 princely states into the Indian
17
Union.
 Making of the Constitution
1934- The idea of Constituent Assembly was put forward for the
1st time by M.N.Roy
1935- INC officially demanded a Constituent Assembly
1938- Jawaharlal Nehru, on behalf of INC declared that the ‘
Constitution of free India must be framed without outside
interference.
1940- The demand was accepted by the British Govt in the form
of ‘August offer’
1946- Nov Constituent Assembly was constituted
1946- Dec 9 CA held its 1st meeting,Dr Sachidananda was the first
chairman of the Constituent assembly
1946- Dec 13 Jawaharlal Nehru moved the historic ‘Objective
Resolution’ laid down fundamental & Philosophy of Constitution.
 Making of the Constitution
Dr.BR Ambedkar was appointed as a Chairman of Drafting
committee.
BN Rau was the Constitutional Advisor
1948 Feb- First draft of the constitution was published
26th Nov 1949- Constitution was adopted by the CA.
26th Jan 1950- Commencement of the Constitution.
The Constitution Assembly took 11 session spanning 2yrs, 11
months, 18 days.
Borrowed Constitution- Referred more than 60 countries
 Constitution Contains:

Preamble

Articles ( 395 ) Inception (448) Current

Parts (22) (25)

Schedules (8) (12)

Appendix (5) (5)

Constitution of India
Definition, Structure & Key Features

 The Constitution of India is the foundational law laying down the basic
political structure of India – i.e. a Parliamentary Democracy and a
Republic with a Federal Structure

 It defines the 3 organs of the Republic of India – the Executive, the

Legislature and the Judiciary and clearly defines their power as well as
demarcates their responsibilities

World’s
Longest Contents Amendments

The original copy of the It contains 395 As of Jan 2020 It

Indian Constitution is Articles, 22 Parts and has undergone
251 pages long- it is the 8 Schedules 104 amendments
most detailed in the (inception)
world
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 Salient Features of Constitution:

Longest, lengthiest & written Constitution

Proclaims India is SOVEREIGN,DEMOCRATIC,
SOCIALIST,SECULAR & REPUBLIC.
FRS are guaranteed
DPSP is incorporated
Established Parliamentary form of Govt
It is a Quasi Federal ( Combination of Unitary & federal)
Article368- Constitution is neither rigid nor flexible
Single citizenship
UAF was introduced
Independent Judiciary
D Essential Features of the Constitution
D. Essential Features of the Constitution
1. The Preamble
2. The Fundamentals Rights, Duties & Principles of
State Policy
3. Federal Structure & Institutions
i. Executive
ii. Legislature
iii. Judiciary
iv. Constitutional Bodies: UPSC, ECI CAG
4. The States
i. State Executive
ii. State Legislature
iii. State Judiciary
5. Relation between the Union & States
Essential Features- The Preamble
The preamble assures the dignity of every Indian citizen
1

The Preamble

• A brief introductory statement setting out guidelines for

the people of the nation as well as presenting principles
of the Constitution
• Preamble is the preface which highlights the entire
Constitution and embodies fundamental values,
philosophy & ethos on which our Constitution is based
and built.
• It includes Fundamental Rights (Liberty of thought,
expression, belief, faith & worship) and Fundamental
Duties (Justice, social, economic & political).
• The whole edifice of the Constitution and structure of the
political system protect and promote constitutional
values embodied in the Preamble
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 PREAMBLE:

Moved by Jawaharlal Nehru on Dec 1946 (objective resolution)

22 jan 1947: It was adopted by the Constituent Assembly
Preamble has be amended only once so far,by 42nd amendment
in 1976 ( Which added 3 words Secular, Socialist, Integrity)
Preamble reads as ‘ We the people of India, having solemnly
resolved to constitute India into a Sovereign, Socialist, Secular,
Democratic & Republic.
Justice, Liberty, Equality, & Fraternity.
Preamble is Integral part & not essential part
 FR’S PART 3 (12- 35)

 What are the Fundamental Rights?

Fundamental rights are the basic human rights enshrined in the
Constitution of India which are guaranteed to all citizens. They are applied
without discrimination on the basis of race, religion, gender, etc.
Significantly, fundamental rights are enforceable by the courts, subject to
certain conditions.

 These rights are called fundamental rights because of two reasons:

They are enshrined in the Constitution which guarantees them
They are justiciable (enforceable by courts). In case of a violation, a person
can approach a court of law.
 List of Fundamental rights

 There are six fundamental rights of Indian

Constitution along with the constitutional articles
related to them are mentioned below:
 Right to Equality (Article 14-18)
 Right to Freedom (Article 19-22)
 Right against Exploitation (Article 23-24)
 Right to Freedom of Religion (Article 25-28)
 Cultural and Educational Rights (Article 29-30)
 Right to Constitutional Remedies (Article 32)
 FR’S

 Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Constitution, i.e., the
right to property.
However, this right was removed from the list of fundamental
rights by the 44th Constitutional Amendment.
This was because this right proved to be a hindrance towards
attaining the goal of socialism and redistributing wealth (property)
equitably among the people.
 Features of FR’S
 Fundamental rights are different from ordinary legal rights in the manner in which they
are enforced. If a legal right is violated, the aggrieved person cannot directly approach
the SC bypassing the lower courts. He or she should first approach the lower courts.
 Some of the fundamental rights are available to all citizens while the rest are for all
persons (citizens and foreigners).
 Fundamental rights are not absolute rights. They have reasonable restrictions, which
means they are subject to the conditions of state security, public morality and decency
and friendly relations with foreign countries.
 They are justiciable, implying they are enforceable by courts. People can approach the SC
directly in case of violation of fundamental rights.
 Fundamental rights can be amended by the Parliament by a constitutional amendment
but only if the amendment does not alter the basic structure of the Constitution.
 Fundamental rights can be suspended during a national emergency. But, the rights
guaranteed under Articles 20 and 21 cannot be suspended.
 The application of fundamental rights can be restricted in an area which has been placed
under martial law or military rule.
 FR’S available to Citizens
 The following is the list of fundamental rights that are available only to
citizens (and not to foreigners):
Prohibition of discrimination on grounds of race, religion, caste, gender or
place of birth (Article 15).
Equality of opportunity in matters of public employment (Article 16).
Protection of freedom of:(Article 19)
Speech and expression
Association
Assembly
Movement
Residence
Profession
Protection of the culture, language and script of minorities (Article 29).
Right of minorities to establish and administer educational institutions
(Article 30).
 Introduction to FR’S
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone, irrespective of religion, gender,
caste, race or place of birth. It ensures equal employment opportunities in the government
and insures against discrimination by the State in matters of employment on the basis of
caste, religion, etc. This right also includes the abolition of titles as well as untouchability .
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The
Indian Constitution guarantees freedom to citizens. The freedom right includes many rights
such as:
Freedom of speech
Freedom of expression
Freedom of assembly without arms
Freedom of association
Freedom to practise any profession
Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and
decency and friendly relations with foreign countries. This means that the State has the
right to impose reasonable restrictions on them.
 Introduction to FR’S

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and other forms of forced
labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits
the employment of children under 14 years in hazardous conditions.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions.
There is freedom of conscience, profession, practice and propagation of religion. The State
has no official religion. Every person has the right to freely practice his or her faith, establish
and maintain religious and charitable institutions.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating
them to preserve their heritage and culture. Educational rights are for ensuring education for
everyone without any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are violated,
the aggrieved party can approach the courts. Citizens can even go directly to the Supreme
court which can issue writs for enforcing fundamental rights by issuing Judicial writs.

What is a Writ?
Writs are written orders issued by the Supreme Court of India to provide constitutional
remedies to protect the fundamental rights of citizens from a violation.
Facts about writs in India
 Article 32 also empowers Parliament to authorize any other court to issue these writs
 Before 1950, only the High Courts of Calcutta, Bombay, and Madras had the power to
issue the writs
 Article 226 empowers all the high courts of India to issue the writs
Writs of India are borrowed from English law where they are known as ‘Prerogative writs’
 Types of Writs

The Constitution empowers the Supreme Court and High Courts to issue orders or writs.
Article 32 is known as heart and soul of our Constitution ( Ambedkar)
The types of writs are:
 Habeas Corpus
Habeas Corpus is a writ that is enforced to protect the fundamental right to liberty of an
individual against unlawful detention. This writ commands a public official to deliver a
detained person in front of the court and provide valid reasons for the detention. However,
this writ cannot be issued in case the proceeding is for contempt of a legislature or a court.
 Certiorari
The writ of certiorari is issued to a lower court directing that the transfer of a case for review,
usually to overrule the judgment of the lower court. The Supreme Court issues the writ of
Certiorari in case the decision passed by the lower court is challenged by the party. It is issued
in case the higher court finds it a matter of over jurisdiction or lack of jurisdiction.
 Types of Writs:

 Prohibition
Prohibition is a writ issued by a higher court to a lower court to enforce inactivity in the
jurisdiction. It happens only in case the higher court is of the discretion that the case falls
outside the jurisdiction of the lower court. Writ of Prohibition can only be issued against
judicial and quasi-judicial authorities.

 Mandamus
The writ of mandamus is issued to a subordinate court, an officer of the government, or a
corporation or other institution commanding the performance of certain acts or duties.
Unlike Habeas Corpus, Mandamus cannot be issued against a private individual.
The writ of mandamus can be used to order the completion of a task or in other cases, it may
require an activity to be ceased.
 Types of Writs:

 Quo-Warranto
Quo warranto is issued against a person who claims or usurps a public office. Through this
writ, the court inquires ‘by what authority’ the person supports his or her claim.
Through this writ, the court enquires into the legality of a claim of a person to a public
office. This writ prevents the illegal assumption of a public office by an individual.
 DPSP: PART 4 (36-51)

Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of State
Policy (DPSP). They are borrowed from the Constitution of Ireland, which had copied it from
the Spanish Constitution..
What are the Directive Principles of State Policy?
The Sapru Committee in 1945 suggested two categories of individual rights. One being
justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are
the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State
Policy.
DPSP are ideals which are meant to be kept in mind by the state when it formulates policies
and enacts laws. There are various definitions to Directive Principles of State which are given
below:
 They are an ‘instrument of instructions’ which are enumerated in the Government of India
Act, 1935.
 They seek to establish economic and social democracy in the country.
 DPSPs are ideals which are not legally enforceable by the courts for their violation.
 DPSP

Indian Constitution has not originally classified DPSPs but on the basis of their content and
direction, they are usually classified into three types-
 Socialistic Principles (that aim at providing social and economic justice)
 Gandhian Principles and (principles are based on Gandhian ideology)
 Liberal-Intellectual Principles (principles reflect the ideology of liberalism)

What are the new DPSPs added by the 42nd Amendment Act, 1976?

 Article 39 To secure opportunities for the healthy development of children

 Article 39A To promote equal justice and to provide free legal aid to the poor
 Article 43A To take steps to secure the participation of workers in the management of
industries
 Article 48A To protect and improve the environment and to safeguard forests and wildlife
 Facts about Directive Principles of
State Policy:
 A new DPSP under Article 38 was added by the 44TH Amendment Act of 1978, which
requires the State to minimise inequalities in income, status, facilities and opportunities.
 The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made
elementary education a fundamental right under Article 21A. The amended directive
requires the State to provide early childhood care and education for all children until they
complete the age of 14 years.
 A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to
co-operative societies. It requires the state to promote voluntary formation, autonomous
functioning, democratic control and professional management of co-operative societies.
 The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the
governance of the country and it shall be the duty of the state to apply these principles in
making laws.’
 FD’s 51A

These were added by the 42nd amendment in 1976. The list was created on
recommendation of Swaran Singh committee. They are influenced from the USSR
constitution. None of the democratic countries except Japan have fundamental duties as a
part of their constitutions. It is feature common in constitutions of socialist countries.
Article 51A.
 Essential Features- Fundamental Duties,
2
Rights & Principles I- Fundamental Duties

Definition of Fundamental Duties

• FDs prescribe the fundamental,

moral, and obligatory duties of
citizens to nation.
• Focus on key values of respect,

11 Fundamental Duties
pride, tolerance, peace, growth
and harmony
• Enshrined in Part IV A of
Constitution

Need for Fundamental Duties

• Rights and duties are
complimentary to each other.
• Wherever there are rights, there
are duties.
• One can’t think of rights
without duties. 20
 Essential Features- Fundamental Duties,
2
Rights & Principles II- Fundamental Rights

Cultural and Educational Rights Right to Freedom of Religion

Right to Constitutional
• Fundamental Rights
Right to Freedom Remedies
are traditional civil and
political rights given in
the Universal Right against
Declaration of Human Right to Equality Exploitation
Rights
•
Fundamental
Fundamental rights are
enshrined in Part III of Rights
the Constitution

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 Essential Features- Fundamental Duties, 2
Rights & Principles III- Directive Principles

Directive Principles of State Policy are Directives

given to the States for discharging certain
Give opportunities and facilities to children to develop in a
healthy manner and in conditions of freedom and dignity 1
obligations to provide good governance and
ensure public welfare
Ensure that the operation of the legal system promotes
justice, on a basis of equal opportunity, and provide free 2
legal aid in case of economic or other disability

Secure participation of workers in management of

industries 3
Directive Principles of State Policy Protect and improve the environment &
safeguard forests and wildlife 4
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 Essential Features: Federal Structure 3
3 Organs of the Constitution/ 3 Wings of Governance

3 Organs

The Executive –
The Judiciary –
 The President of India
 The Supreme Court
 The Vice President of The Legislature –
 The High Courts
India  The President of India
 The Subordinate Courts
 Council of Ministers  Rajya Sabha (The Council of
States)
 Lok Sabha (The House of
the
23
People)
 Essential Features: Federal Structure 3
The Executive

Union Executive consists of President, Vice-President & Council of Ministers

President Vice- President

• The complete Executive power of the Union is • Chairman of Rajya Sabha

vested in the President including: • Elected by members of the two houses and
• Executive powers directly/ through officers Legislative Assemblies of the States
• Powers to appoint high functionaries of the
State such as judges of the Supreme Court Council of Ministers
& High Courts
• Military powers as the Supreme • Council of Ministers or ‘Cabinet’ aid and advise
Commander of the armed forces the president; President acts on Cabinet’s advice
• Power to grant pardon/ reprieve • Headed by the Prime Minister, appointed by the
etc. President
• Diplomatic powers including appointment • Ministers in the Council are appointed by
of ambassadors President on advice of Prime Minister
• Legislative powers including powers to • Council of Ministers is collectively responsible to
summon both Houses Lok Sabha
• Emergency
• Elected by memberspowers
of the two houses and • Prime Minister is the communication channel
Legislative Assemblies of the States between Council of Ministers and President
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 Essential Features: Federal Structure 3
The Legislature

Union Legislature/ Parliament consists of President, Rajya Sabha (Council of states) & Lok Sabha (House of People)
• Called ‘Council of States’ or Upper
house representing 245 members of
Rajya State Legislative Assemblies
President Sabha • Headed by Chairman (Vice President) &
Deputy Chairman (Elected)
• Term of an individual member – 6 years
• Summons both houses to
meet
• Can suspend both Rajya & • Called ‘House of the people’ or Lower house
Lok Sabha • Has 552 members directly elected by citizens: 530 from the
Lok Sabha but terminate
only Lok Sabha States & 20 from Union Territories
• His approval is needed for a • Term – 5 years
• Headed by Speaker & Deputy Speaker, both elected
bill passed buy both
• 3 Yearly sessions: Budget Session (Feb-May), Monsoon Session
houses to become a law
• Addresses both houses (July-Sep) & Winter Session (Nov-Dec)
assembled together at the
beginning of sessions Both LS & RS enjoy co-equal power and status in all spheres
each year except financial matters 25
 Essential Features: Federal Structure 3
The Judiciary

India has a unified judiciary system with the Supreme Court at the top

Supreme Court High Courts

• Topmost position in Indian judicial • High courts come below the Supreme Court in Indian
hierarchy – Apex of the national judicial hierarchy
judicial system • Each State in India has a High Court; the parliament, by
• Supreme interpreter of the law, can establish a common High Court for two or
Constitution more States
• Guardian of citizens’ fundamental • 17 State High Courts
rights • 4 Common High Courts
• Ultimate court of appeal in civil & I. Gauhati High Court (Common Court of 7
criminal matters High Court North- East States)
• Headed by Chief Justice of India, II. Calcutta High Court (Common Court of UT of
appointed by President Andaman & Nicobar Islands)
III. Bombay High Court (Common Court for Goa &
Subordinate Courts UTs of Daman & Diu and Dadra & Nagar Haveli)
• System of subordinate courts IV. Chandigarh High Court (Common Court for
comes below the High Sub-ordinate courts Punjab & Haryana)
Courts 26
 Essential Features: Constitutional 3
Functionaries: CAG, ECI, UPSC
Constitutional Institutions with autonomy & freedom

Constitution has mandated several institutional Election Commission of India (ECI)

mechanisms like the Judiciary, Vigilance bodies and
• Election Commission superintends, directs
an independent Supreme Audit Institution (SAI)
and controls all elections to Parliament, State
Legislatures & to the offices of the President
Comptroller and Auditor General of India (CAG)
and Vice-President
• CAG and the Indian Audits and Accounts
Department (IAAD) constitute SAI of India Union Public Service Commission (UPSC)
• Mandated as Auditors to the nation by the • Commission mandated by Constitution for
Constitution appointments to the services of the Union
• Instrument for ensuring accountability and All India Services.
• Audits revenue collection, aids/ grants receipts • Reports directly to the President
and expenditure of the Government (Centre & • Advises Government in matters relating to
States) the appointment, transfer, promotion and
• Appointed by President disciplinary matters of officers
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 Essential Features- The States 4
I- State Executive

Governance Structure in States State Executive (Governor + Council of Ministers)

 Provisions for the States follow the union  Every State has a Constitutional head
pattern, however Some States enjoy (Executive) and Ministerial Responsibility
special status and have certain special to the popular house of the Legislature
provisions  State Executive is headed by the Governor,
 Like the Central Government, a State appointed by President
Government also follows the  Although the Governor is the
parliamentary system Constitutional Head, the Ministers exercise
the real executive power; No. of ministers
in each State is limited to 15% of total
membership of Legislative Assembly
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 Essential Features- The States 4
II- State Legislature

 The State Legislature consists of Governor and Legislative Assembly

 Some States may have two houses- Legislative Assembly (Lok Sabha) & Legislative Council (Rajya Sabha)

 State Legislature has exclusive jurisdiction to legislate on items in the State list

The State
Consists of max. 500 Headed by Speaker &
Legislative elected members from Deputy Speaker elected Term- 5 years
Assembly territorial constituencies by the house
(SLA)

The State Consists of max. 1/3rd

Legislative Headed by Chairman & Also has Speaker &
Deputy Speaker members of Legislative
Deputy Chairman Assembly
Council
(SLC)

29
 Essential Features- The States 4
III- State Judiciary (1/2)

State Judiciary consists of a High Court & a system of Subordinate courts

High Courts  State Judiciary consists of a High Court & a system of subordinate courts

 High Court is the apex of the State judicial system

 Play a very significant role in administration of justice; have wide jurisdiction

 Several high courts have a principal bench and other benches with separate territorial
The Bombay High Court jurisdictions

 Chief Justice- Administrative authority of High Court

30
 Essential Features- The States 4
III- State Judiciary (2/2)

State Judiciary consists of a High Court & a system of Subordinate courts

Subordinate Courts  Subordinate judiciary is a very important segment of judicial

system as it is the closest to the people – Judiciary comes in
close contact with people through Subordinate judiciary

 High Courts maintain and uphold the honour and integrity of

Subordinate judiciary in the concerned State

 System of Subordinate courts comprise of District courts, Fast

track courts, Family courts etc.

 Legislative power regarding High courts and Subordinate

courts are distributed between Centre and the States

31
 Relation b/w Union & States 5
Union List, State List & Concurrent List

Legislative relations
 The Constitution of India distributes power of the
State between the Union and its constituent States
Administrative relations
 Seventh schedule of the Constitution embodies 3 Financial relations
 Executive powers of
lists: Union, State & Concurrent  Union to provide
States to ensure
 Article 246 lays down that the Union Parliament financial support to
compliance with
has exclusive jurisdiction to make laws on items in States through grants
Parliament laws
the Union List and the State Legislature has and sharing of tax
 Union Executive to give
exclusive power to make laws on items given in the proceeds
directions to States
State list

 For Concurrent list, both Union and State

Legislatures can legislate

32