CONSTITUTION OF INDIA

Prepared by........ Mr. Sudipto Basak, Assistant Professor

Calcutta Institute of Engineering and Management
 What we are going to cover today
• Meaning of a word “Constitution”
• Need of The Constitution
• Pre Constitution Era
• Drafting of the Constitution of India
• Highlights of The Constitution of India
• Interesting facts about Indian and other Constitutions
• Parts of The Constitution
• Important Articles of the Constitution
• Conclusions
 Meaning of a word “Constitution”
To Constitute means - to inaugurate, to establish, to initiate, to found,
to create, to set up, to start, to form, to organize , to develop, to
commission, to charter, to appoint, to install or to empower

Constitution means – a body of fundamental principles or established

precedents according to which a state or other organization is
acknowledged to be governed.

"The Constitution is not an instrument for the government to restrain

the people, it is an instrument for the people to restrain the
government." --Patrick Henry
 Why do we need of The Constitution
# A set of written rules which will be followed by everyone
# This applies not just to a country but for
- Cooperative Bodies/ Companies
- Organizations
- Political parties
- Association
- Even a family (not written off course)
- Even when you plan a tour
# A Supreme law accepted by all the people of the country
# It determines the relation between people and their government
# Gives a path for the future generations to follow
# Functions of Constitution
- Trust between people and the government
- Distribution of power (Limit the concentration of power) (L/J/E)
- Rights of the people
- Building a good society (Responsibilities of the people)
https://www.youtube.com/watch?v=EeWfe2eZ_CI
 Pre Constitution Era
RULE OF KING ASHOKA:
Evidences from 3rd Century BC shows that the first rules governing the society were written in the
regime of King Ashoka.
EAST INDIA COMPANY:
In 1600, the East India Company came to India as a trading company and in 1765 became an
administrative power after gaining a Right of Taxation. Later established a unified control over whole
of India, different laws and acts were enacted by it to remain in power. But the EIC came under
increasing control by parliament of Britain and its rule ended with the Revolt of 1857.
BRITISH RAJ:
During this period Constitution of India took shape. Many acts were enacted in this period.
The Act for better Government of India (1858): India under direct control of British Government.
Indian Councils Act (1861): As Separate Legislative Council with choice of some Indian members.
Government of India Act (1890): Elected Indians were given charge of some areas of government .
Government of India Act (1935): Provincial autonomy was given to the elected Indians.
Indian Independence Act (1947): British gave up the control of India after realizing that it will be
difficult to govern India in view of rising Free India movements. Partition took place. It was decided
that both India and Pakistan will follow Government of India Act (1935) till constitution is made.
 Drafting of the Constitution of India
In first place British were desirous to write the constitution for Indian people but this idea was
rightly rejected and Indians decided to write their own constitution.

In the year 1946, The Constituent Assembly of India was elected to write the Constitution of
India. Following India's independence from Great Britain, its members served as the nation's
first Parliament.

The assembly passed a resolution in 1947 January defining the objectives of the constitution:-
1) To set up a Union of India comprising British India and the princely states.
2) To set up a federal form of government with separate state and central governments.
3) To set up a democracy in which all power is derived from the people:
I) where all people are guaranteed justice, equality and freedom;
II) where minorities, depressed classes and the tribe's rights are protected;
4) To protect the integrity of India and her sovereign rights over land, sea and air.
5) To help India attain its rightful place in the world - and work for peace and welfare of
all mankind.
 Drafting of the Constitution of India

The Constituent Assembly consisted of 385 members, of which 292 were elected by the
elected members of the Provincial Legislative Assemblies while 93 members were
nominated by the Princely States.
 Drafting of the Constitution of India
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.

It was finally passed and accepted on Nov 26, 1949.

After many deliberations and some modifications over 111 plenary

sessions in 114 days, the 308 members of the Assembly signed two copies
(Final) of the document (one each in Hindi and English) on 24 January
1950.

Same day the Assembly unanimously elected Dr. Rajendra Prasad as the
President of India. which came into effect on Jan 26, 1950, known and
celebrated as the Republic Day of India. Total Independence Movement -
Republic day.
 Drafting of the Constitution of India
CHALLENGES FACED WHILE DRAFTING INDIAN CONSTITUTION

• Non Independent Constituent Assembly: At the early stage The Constituent Assemble was
not Independent.
• Post effects of Partition: The country was born through a partition on basis of religious
differences. This was a traumatic experience for the people of India and Pakistan.
• Migrants: India had to settle migrants from Pakistan.
• Minorities and interest of backward classes: The framers had to protect the interest of the
minorities and the backward, exploited class and had to ensure equality.
• Princely States: The British had left it to the rulers of princely states to merge with India, or
with Pakistan or to remain independent. The merger of these princely states was a difficult
and uncertain task.
• Huge population: Population of around 360 million people that too with distinct culture
and heritage.
• States on the basis of language: There was demand within the assembly to frame states on
the basis of languages spoken.
 Highlights of The Constitution of India

Features of the Indian constitution

• The bulkiest constitution of the world

• Rigidity and flexibility
• Parliamentary system of government
• Federal system with a unitary bias
• Fundamental rights and fundamental duties
• Directive principles of state policy
• Secularism
• Independent judiciary
• Single citizenship
• Emergency powers
• Special provisions for minorities
 Highlights of The Constitution of India
Borrowed features of constitution of India

• From U.K.- President, Cabinet System of Ministers, Post of PM, Parliamentary Type of
Govt., Bicameral Parliament, Lower House more powerful, Council of Ministers
responsible to Lower House, Provision of Speaker in Lok Sabha.
• From U.S.A.- Written constitution, Appointment of Vice President, Fundamental Rights,
Supreme court, Head of the state known as president, Provision of states, Judicial
review
• From Australia- Concurrent List (Union List, State List and Concurrent List), Centre State
relationship, Language of the Preamble
• From USSR- Fundamental Duties, Five year plan
• From Germany- Emergency provisions
• From Japan- Law on which the Supreme Court functions
• From Canada- Federal System and Residuary powers
• From South Africa- Procedure of constitutional amendment
• From Ireland - Concept of Directive Principles of state policy.
 Interesting facts about Indian and other Constitutions
1st Written Constitution is Code of Hammurabi:
well-preserved Babylonian Code of Law of ancient Mesopotamia, dating back to
about 1754 BC
Constitution of India is the Lengthiest Constitution in the world
US: 7 Articles (with many spelling mistakes in it is the shortest 4,400 words)
Australia: 128 Articles
India: 395 increased to 448 Articles (117,000 words)
9 Women out of almost 385 represented in Constitution Committee
Pakistani Constitution accepted 1956
Safekeeping of the hand written constitution
One in English and another in Hindi by Mr. Prem Bihari Rayjada
Signatures: Indian Constitution is signed by Dr. Rajendra Prasad the day when it was
raining. Some said signing needs to be postponed but some said that it’s a good sign.
Japans constitution: written by 9 Americans with no Japanese involved
It contains 448 articles in 22 parts, 12 schedules and 118 amendments till date.
 Parts of the Indian Constitutions
There are 22 parts of the Constitution of India
PREAMBLE Trade, Commerce and Intercourse within the Territory
Art. 301 to 307
Part XIII of India
Part I The Union and its territory Art. 1 to 4
Art. 5 to 11 Art. 308 to 323
Part II Citizenship Part XIV Services under the Union and the States
Part III Fundamental Rights Art. 12 to 35 Art. 323A to
Part XIVA Tribunals 323B
Part IV Directive Principles Art. 36 to 51
Art. 324 to 329A
Part IVA Fundamental Duties Art. 51A Part XV Elections

Part V The Union Art. 52 to 151 Art. 330 to 342

Part XVI Special provisions relating to certain classes
Part VI The States Art. 152 to 237
Art. 343 to 351
Part VII Repealed Part XVII Official Language

Part VIII The Union Territories Art. 239 to 242 Art. 352 to 360
Part XVIII Emergency Provisions
Part IX The Panchayats Art. 243 to 243O
Art. 361 to 367
Art. 243P to 243ZG Part XIX Miscellaneous
Part IXA The Municipalities
Part IXB The Co-operative Societies Art. 243ZH to 243ZT Art. 368
Part XX Amendment of the Constitution
Part X The Scheduled and Tribal Areas Art. 244 to 244A
Art. 369 to 392
Part XXI Temporary, Transitional and Special Provisions
Part XI Relations between the Union and the States Art. 245 to 263
Short title, commencement, authoritative text in Hindi
Art. 264 to 300A Art. 393 to 395
Part XII Finance, Property, Contracts and Suits Part XXII and repeals
 Parts of the Indian Constitutions
THE PREAMBLE
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.

Re. Berubari Union and Exchange of Enclaves (AIR 1960 SC 845)

Held that the preamble is not a part of the constitution and thus cannot be amended .
KeshavaNanda Bharti Sripadagalvaru V. State of Kerala ( AIR 1973 SC 1461)
Held that the preamble is a part of the constitution and is amendable. It can not however violate the 'basic structure' of the constitution.
 Parts of the Indian Constitutions
PART I - The Union and its territory

PART III - Fundamental Rights

Equality before law
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Equality of opportunity in matters of public employment
Abolition of untouchability
Abolition of titles
Freedom of Speech
Protection in respect of conviction for offences
Protection against arrest and detention in certain cases
Freedom of conscience and free profession, practice and propagation of religion
Freedom to manage religious affairs
Protection of interests of minorities

Remedies for enforcement of rights conferred by this Part

 Parts of the Indian Constitutions
PART IV - Directive Principles
PART IV A - Fundamental Duties

(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 properly 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 endeavor 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.
 Parts of the Indian Constitutions
PART VII - The Union Territories

There are SEVEN union territories are: History of formation of The Union Territories
• CHANDIGARH. - Chandigarh
• DADRA AND NAGAR HAVELI. - Silvassa Difference between State and the Union Territory
• DAMAN AND DIU. - Daman
• LAKSHADWEEP. - Kavaratti
• PUDUCHERRY. - Pondicherry
• ANDAMAN AND NICOBAR ISLANDS. - Port Blair
• NATIONAL CAPITAL TERRITORY OF DELHI. - Delhi
PART XVI - Special provisions relating to certain classes
PART XVIII - Emergency Provisions
 Important Articles of the Indian Constitutions
ARTICLE DEALS WITH
3 New States Formation, Alteration of Boundaries etc.
13 Laws inconsistent with or in derogation of the Fundamental Rights
21A Right to Education
24 Prohibition of Child Labour
29 Protection of Interests of Minorities
32 Remedies for enforcement of Fundamental Rights including writs
44 Uniform Civil Code
50 Separation of Judiciary from Executive
51A Fundamental Duties
72 Powers of President to Grant Pardons etc.
105 Powers, Privileges etc. of Members of Parliament
106 Salaries and Allowances of Members of Parliament
226 Power of High Courts to issue writs
324 Election Commission
352 National Emergency
370 Temporary provisions with respect to the state of Jammu and Kashmir
 Conclusion
The Constitution of India has several distinctive features. It is the lengthiest Constitution in
the world and it is a combination of rigidity and flexibility. The Constitution provides for a
quasi-federal (It means a federal set up where despite having two clear sets of government –
central and the states, more powers are given to the Central Government.) set up with a
strong center.

There is a clear division of powers between the Centre and the States. The Supreme Court of
India, is the apex court of India which will resolve the disputes between the center and state
or between the states.

India has a parliamentary democracy. The Council of Ministers headed by the Prime Minister
enjoys the real powers and is responsible to the Parliament. The Indian Constitution provides
for Fundamental Rights which are justifiable. Ten Fundamental Duties have also been added
to the Constitution. The Directive Principles of State Policy give a concrete shape to the
welfare concept.
Thank You