Chapter three
Introduction to Indian constitution
Indian constitution is the longest constitution in the world. it is the highest law of the land.
Originally it contained 395 articles & 8 schedules. After amendments till now there are 447
articles and 12 schedules.
1. Indian constitution includes administrative provisions in details. These are the fundamental principles of governance.
Followed by maker of constitution from government act of 1935
2. It also include the constitution of constituents of Indian federation i.e. state. State j&k is exception as it has its own
constitution and this special stratus to it is provided by article 370
3. in order to address the regional problems of certain states, article 371,371-1 have been introduced after inauguration of
constitution. These articles deal with Assam Manipur Andhra Pradesh Maharashtra Gujarat Sikkim mizoram
4. it has procedure & power of amendment of itself in article 368
5. it is rigid as well as flexible written which shows its rigidity and parliamentary sovereignty
6. some room is left to for conventions for speaker of lok Sabha as in England
7. preamble is not an enforceable part of constitution
8. 3 words secularism, socialism, integrity added to preamble by amendment 42 act
Indian unitary based federal system
Following feature make India a federation
dual polity
division of power
bicameralism
supremacy of constitution
written constitution
rigid constitution
Following feature makes India a unitary body
appointment of governor by centre
parliament of to legistrate
emergency provision
single constitution
single citizenship
flexibility of cobnstitution
Chapter three
Citizenship
There is single citizenship for every Indian
Citizen is the person who enjoys civil and political rights
Right enshrined in following article are assined to citrizen only
15,6,19,29,30,58(1)a,67(3)a,124(3),217(2),76(1)157,165
Right of voting is given to citizen only
Article 5-8 mention about citizenship
The citizenship of domicile by only two conditions
May be domicile of India at the time of commencement of constitution and one of following
Born in India
Parents are Indian
Residing In India for more then 5 years
CONSTITUTIONAL
LANDMARK
IMPORTANT PROVISION
REGULATION ACT OF
1773
1
ST
STEP BY BRITISH GOVERNMENT TO REHULATE
AFFAIR OF EASINDIACOMPANY
ESTABLIHED A DEFINATE SYSTEM OF GOERMENT OF
INDIA
DESIGNATED GOVERNOR OF INDIA AS GOVERNOR
GENERAL OF INDIA
ESTABLIHED SUPREME COURT IN CALLCUTTA
PITTS ACT OF
1784
INDIAN AFFAIR CAME UNDER DIRECT CONTROL OF
BRITISH GOVERNMENT
DISTINGUISHED BETWEEN COMMERCIAL & POLITICAL
FUNCTION OF COMPANY
BOARD OF CONTROL ESTABLISHED
INTRODUCED DOUBLE GOVERMENT
CHARTER ACT OF1833
GG OF BENGAL BECOME GOVERNOR GFENERAL OF INDIA
FINAL STEP TOWARD CENTERALITATION IN INDIA
CREATED GOVERNMENT OF INDIA FOR FIRST TIME
HAVING AUTHORITY OVER BRITISH INDIA
ENDED ACTIVITIES OF EAST INDIA COMPANY AS
COMMERCIAL BODY
CHARTER ACT OF 1853
SEPRARATED LEGISLATIVE &EXECUTIVE FUNCTIONS OF
GOVERNMENT OF INDIA
OPEN COMPITION FOR CIVIL SERVICES OF THE COMPANY
CREATED SEPARATE LEGISLATIVE COUNCILS 4 INDIA
GOVERNMENT OF
INDIA 1858
RULE OF COMPANY CHANGED TO RULE OF CROWN
GOVERNOR GENERAL BECOME AGENT OF THE CROWN
SECTRATORY OF STATE FOR INDIA WAS APPOINTED TO
EXERCISE THE POWER OF THE CROWN HE WAS A
MEMBER OF BRITISH CABINET
INDIAN COUNCILS
ACT 1861
SEEDS OF PARLIAMENTRYSYSTEMS SOWN IN INDIA
INTRODUCED INDIAN AND NON OFFICIAL MEMBER IN
LEGISLATURE
INITILISED PROCESS OF DECENTERALISATION
SOURCES OF I NDI AN CONSTI TUTI ON
COUNTRY CONSTI TUI ONAL PROVI SI ON BORROWED
UK PARLI AMENTARY SYSTEM
BI CAMERAL PARLI AMENT
LOWER HOUSE MORE POWERFUL
POWER OF SPEAKER I N LOK SABHA
PRI ME MI NI STER
COUNCI L OF MI NI STER
USA WRI TTEN COUNSTI TUTI ON
FUNDAMENTAL RI GHTS
SUPEREME COURT
HEAD OF STATE
J UDI CI AL REVI EW
AUSTRALI A COCURRNT LI ST
CENTRAL STATE RELATI ONSHI P
ERSTWHI LE FUNDAMENTAL DUTI ES 5 YEAR PLAN
GERMANY EMERGENCY PROVI SI ON
CANADA FEDRAL SYSTE
RESI DUARY POWERS
I RELAND CONCEPT OF DI RECTI VE PRI NCI PLES
I ndian polity
Chapter one
Constitutional development
I dea of making a constitutional assembly was first given by M.N.Roy in 1934
I ndian national congress demanded constitutional assembly in 1935
First time it was constituted in 1940 which was envisaged after world war I I
Finally it was re constructed in 1946 under the cabinet mission plan in 1946
I t had total 389 member out which 296 were indirectly elected & 93 were nominated by princly states. So
it has nominated as well as elected members
I ts first meeting held on Dec 9,1946
I t was boycotted by muslim league due to which it had remained only 211 member
I t was brought about by government and can be aboilished by it so it was not a sovereign body
Dr. sachinand the oldest member was elected 1
st
temporarily head of the assembly
Later Dr. Rajinder parsad was elected president and H.C.mukherji was elected vice president
Sir B.N rao was elected constitutional advisor of the assembly
Objective rsolution was given by Pt. J awaharlal Nehru which was the permeable of constitution
I ndia member ship in commonwealth was ratified in may 1949
National flag was was adopted in 22 july 1947
National song and national anthem were assigned in J anuary 24 1950
Elected Dr.Rajinder Parsad as 1
st
president of I ndia
Constitution was passed in 26 November 1949 which was adopted in December 1949
The provision like citizen ship election provisional parliament was given effect from 26 november 1949
while rest constitution came into rest in 26
th
J anuary
The last session of constitutional assembly held in 24 january 1950
The temporary provision parliament even worked after republic day till general election in 1951-52
The constitutional assembly has following committee
Drafting committee headed by DR.B.R.Ambedkar
Committee of state headed by Sardar Patel
Union constitution committee V Pt. J awaherlal Nehru provincial constitution commitee headed by sardar patel
committee to examine the draft constitution headed by alladi krishana swamy
union power committee headed by jawaher lal Nehru
committee of fundamental right was headed by sardar patel so the iron man alone headed three committees of
constitutional assembly
1. most important committee was was drafting committee consisted seven members
the member of drafting committee were Dr. ambedkar N.gopalswami alladi Krishna swami dr.
km munshi sayad saadullah n.madhav rau t.t krishnamurti
D.P. khaitan was member of constitutional assembly whoi died in 1948 before it was
completed
DR.B.R ambedkar is assigned father of I ndian contituton
-In India, the Supreme Court of India was created on January 28, 1950 after the adoption of the
Constitution.
-The Supreme Court is a constitutional authority independent from political interference.
-All judgments are binding across all states of India, the exception being the state of Jammu and
Kashmir where the Indian Penal Code is not applicable.
-The court rulings take precedence over state High Courts.
-In extremely rare cases such as capital punishment, the decision may be passed on to the
President of India for clemency petitions.
Constitutional Rights for Indian Citizens
- Fundamental rights under articles 15, 16, 19
- Some important posts reserved
- right to vote
The Parliament has passed a bill on dual citizenship for persons of Indian Origin ( PIO) living
abroad.
Fundamental Duties
> By 42nd Amendment, part IV A, Aticle 51 A
> There are 10 fundamental duties.
> Justice Verma Committee had recommended for enforcement of Fundamental duties by the
citizens.
Directive Principles of State Policy (DPSP)
-> From Article 37- Article 51
-> Part IV of the Constitution
DPSP as mentioned in other parts of the constitution:
-> Article 350: Providing primary education in mother tongue for people of minority class
-> Article 351: Duty to spread Hindi Language amongst people of India
-> Article 335: To appoint SC, ST in state and union services
DPSP are Affected by Western Liberalism
Some Important DPSPs
Article 44: Uniform Civil Code
Article 45: Free and Compulsory Education for Children
Article 50: Separation of Judiciary from Public Services
Article 51: Development of International peace and Security
Article 49: Protection of National and Historical Monuments
Fundamental Rights
Part III of the Indian Constitution( A 12-35) deals with the FR granted to individuals.
Originally seven groups of rights. But now 44th Amendment Right to property deleted.
1) Right to equality and liberty : Art (14-18)
14: Equality before law
15: Prohibition of discrimination
16: Equality of opportunity
17: Abolishes practices of untouchability
18: Prohibits state from confirming any title
2) Right to Freedom. (19-22)
-Freedom of speech and expression
-Freedom of Assembly
-Freedom to form associations
-Freedom to move freely throughout India
-Freedom to reside and settle in any part of the country
-Freedom to practice any profession
3) Right against Exploitation (23-24)
Art 23: Prohibits traffic against human beings and beggar
Art 24: Prohibits employment of children below 14 years of age in factories mines etc.
4) Right of Freedom of Religion (25-28)
5) Right for Culture and Education (Article 29-30)
6) Right to Constitutional Remedies(Article 32)
Dr Ambedkar call article 32 as the very soul of the constitution and the very heart of it.
In Golaknath case in 1967, the SC ruled that parliament has no power to amend any of the
provisions of part III so as to take away or abridge fundamental rights as guaranteed by the
constitution.
In Keshawnand Bharti case, the SC ruled that parliament has power to amend, but it can not
destroy the basic structure of the constitution.
In T.K,Rangarajan Vs Govt of TN and others, SC observed that govt employees including
doctors working in state run hospitals and dispensaries have no fundamental, legal, moral or
equitable right to go on strike even for a just cause.
Distinction between Fundamental Rights and Directive Principles
*Fundamental Rights are justifiable while Directive Principles are not.
* Fundamental Rights are negative and Directive Principles are positive.
* Fundamental Rights responsible for political democracy while Directive Principles are for
establishment of economical and welfare state.
* If there is discrepancy between Fundamental Rights and Directive Principles then Fundamental
Rights will prevail.
The Writs:
Habeas Corpus: To have a body- An order calling a person who has detained another to
produce the letter before the court to let it know, on what ground he has been confirmed.
Prohibition : It is issued by SC or HC to a inferior court forbidding jurisdiction or to usurp a
jurisdiction with which it is not legally vested.
Mandamus: We command : Commands the person to whom it is addressed to perform some
public or quasilegal duty which he has refused to perform.
Certiorary: It is issued to a lower court after a case has been decided by it, quashing the
decision or order.
Qua-Wananto: It is a proceeding by which the court enquires into the legality of the claim
which a party asserts to a public office.
