INDIAN CONSTITUTIONSpecial Guest Lecture on

By Prof. Sunil Kumar Roy

HISTORICAL BACKGROUND :

The Constitution of India was enacted on 26th of January, 1950

Being drafted on 26th of November, 1949, the Indian Constitution laid the foundations for establishment of the Democratic Republic of India.

The Constitution of India was drafted over a period of 2 years, 11 months and 17 days. The members of Constituent Assembly of India met for the first time in the year 1946 on December 9.

HISTORICAL BACKGROUND: CONTINUED.. The next meeting of the Assembly took place on August

14th, 1947 for the dominion of India in which the proposal of forming various committees was presented. Such committees include Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee.

On 29th August, 1947 a Drafting Committee, with Dr. Ambedkar as the Chairman, was formed on the basis of the various reports submitted by the previous committees. It was in the year 1948 that a Draft Constitution including a range of proposals was formed by the concerned committee.

Finally, from 14th to 26th of November, 1949 the Constituent Assembly analyzed each and every provision of the Draft. The then President of the Constituent Assembly of India signed the Draft on November 26th, 1949.

SALIENT FEATURES OF INDIAN CONSTITUTION:

1. Preamble: The Preamble, the preface to the constitution,

describes the source nature, ideology, goals and objectives of the constitution.

2. Longest Constitution: The Constitution of India is the longest one in

the world. Originally it had 395 Articles and 8 schedules. Today the constitution has 395 Articles and 12 schedules. However there is a view that the constitution today has 444 Articles. Originally the constitution had 22 parts. Now it has 24 parts.

SALIENT FEATURES OF INDIAN CONSTITUTION:

3. Partly Rigid, Partly Flexible: Whether a constitution is rigid or flexible depends on the nature of amendment. Some provisions of the Constitution of India can be amended by the Indian Parliament with simple majority. The amendment of most other provisions of the constitution requires a special majority in both houses of the parliament. There are some other provisions of constitution which cannot be amended by the parliament alone.

4. Parliamentary Democracy: In India, there is a parliamentary form of govern The majority party in the Lower House (Lok Sabha) forms government.

SALIENT FEATURES OF INDIAN CONSTITUTION:

5. Federal Government with Unitary Bias: India is a federation, although word 'federation' does not find a place in the whole text of the Indian Constitution. There is dual polity and there is constitutional division of powers between the centre and the states. There is also an independent judiciary.

6. Fundamental Rights: The Fundamental Rights are guaranteed to the individuals by our constitution. Now the citizen enjoys six fundamental rights, originally there were seven fundamental rights. One of them was taken away from Part III of the constitution by the Forty-fourth Amendment Act, 1978. As a result, the Right to Property is no longer a fundamental right.

SALIENT FEATURES OF INDIAN CONSTITUTION:

7. An Independent and Integrated Judiciary: The judiciary in India is independent and impartial. It is an integrated judiciary with the Supreme Court at the apex of the hierarchy. The High Courts stand in its middle, and the lower courts are located at its bottom.

8. Universal Franchise: Article 326 of the Constitution of India provides universal adult suffrage. The voting age has now come down from 21 to 18. Anybody who has completed 18 years of age is eligible to vote in general elections. This is one of the most revolutionary aspects of Indian democracy.

9. Secularism: India is a secular state. Although the 42nd Amendment Act, inserted the word 'secular' in the Preamble to the constitution, India has been secularism since independence. India is a country of several religions and each individual has fundamental profess any religion he likes.

SALIENT FEATURES OF INDIAN CONSTITUTION:

10. Single Citizenship: In India, there is only single citizenship. An Indian is a citizen of India only. He is not a citizen of any Indian state. Single citizenship is meant to secure national unity and national integration.

11. Welfare State: Our constitution aims at building a Welfare State. It provides for development of weaker and depressed sections of the society. It underlines the need of improving the conditions of women, Scheduled Castes and Scheduled Tribes who have remained neglected for long.

PREAMBLE : The Preamble is one of the most significant parts of the

Constitution of India. Focusing on the core objective of the Indian Constitution, the Preamble includes the following:

1. Equality - which connotes equal opportunity for one and all.

2. Justice - which means fair judgment in the fields of politics, society and economy.

3. Fraternity - which works towards keeping the integrity and strength of the country intact along with special stress on individual dignity.

4. Liberty - which assures every citizen of India the freedom of speech and expression, religious independence and choice of going by one's own belief.

PREAMBLE : The Preamble, as it is presented in the Constitution of India,

is mentioned below:

"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."

CITIZENSHIP : PART – II of Indian constitution i.e. Articles 5-11 lays down the

provisions relating to citizenship of India :

Article Provision• 5 Citizenship at the commencement of the Constitution.• 6 Rights of citizenship of certain persons who have

migrated to India from Pakistan.• 7 Rights of citizenship of certain migrants to Pakistan.• 8 Rights of citizenship of certain persons of Indian

origin residing outside India.• 9 Persons voluntarily acquiring citizenship of a foreign

State not to be citizens.• 10 Continuance of the rights of citizenship.• 11 Parliament to regulate the right of citizenship by law.

CITIZENSHIP :

Article 5: Citizenship at the commencement of the Constitution.—At the commencement of this Constitution, every person who has his domicile in the territory of India and—

• (a) who was born in the territory of India; or • (b) either of whose parents was born in the

territory of India; or • (c) who has been ordinarily resident in the territory

of India for not less than five years immediately preceding such commencement,

• shall be a citizen of India.

CITIZENSHIP : Article 6: Rights of citizenship of certain persons who have

migrated to India from Pakistan.—Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—

(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(b)(i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:

Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

CITIZENSHIP :

Article 7 : Rights of citizenship of certain migrants to Pakistan.—Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:

Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

CITIZENSHIP Article 8: Rights of citizenship of certain persons of

Indian origin residing outside India.—

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

CITIZENSHIP Article 9: Persons voluntarily acquiring citizenship of a

foreign State not to be citizens.— No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Article 10: Continuance of the rights of citizenship.—Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

Article 11: Parliament to regulate the right of citizenship by law.—Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

FUNDAMENTAL RIGHTS : Rights literally mean those freedoms which

are essential for personal good as well as the good of the community.

The six fundamental rights of an Indian are:-1. Right to equality2. Right to freedom3. Right against exploitation4. Right to freedom of religion 5. Cultural and educational rights 6. Right to constitutional remedies

FUNDAMENTAL RIGHTS : RIGHT TO EQUALITY

(Article : 14-18)Includes.. Equality before law. (article 14) Prohibition of discrimination on grounds

of religion, race, caste, sex or place of birth.(article 15)

Equality of opportunity in matters of employment (Article 16)

Abolition of Untouchability (Article 17) Abolition of titles. (article 18)

FUNDAMENTAL RIGHTS : RIGHT TO FREEDOM

(Article 19-22) INCLUDES ..1. Right to freedom and expression, which enable an

individual to participate in public activities. 2. Freedom to assemble peacefully without arms 3. Freedom to form associations or unions 4. Freedom to move freely throughout the territory of

India 5. Freedom to reside and settle in any part of the

territory of India 6. Freedom to practice any profession or to carry on

any occupation, trade or business

FUNDAMENTAL RIGHTS : RIGHT AGAINST EXPLIOTATION

(article 23-24)Includes.. Abolition of trafficking in human beings

and Beggar (forced labor). Abolition of employment of children

below the age of 14 years in dangerous jobs likefactories and mines

FUNDAMENTAL RIGHTS: THE RIGHT TO FREEDOM OF RELIGION

(article 25-28)Includes.. All religions are equal before the

State and no religion shall be given preference over the other.

Citizens are free to preach, practice and propagate any religion of their choice.

The objective of this right is to sustain the principle of secularism in India.

FUNDAMENTAL RIGHTS : CULTURAL AND EDUCATIONAL RIGHTS

(Article 29-30)Includes.. Protection of interests of minorities. Rights of minorities to establish and

administer educational institutions.

FUNDAMENTAL RIGHTS : RIGHT TO CONSTITUTIONAL REMEDIES

(Articles 32-35) Empowers the citizens to move a court

of law in case of any denial of fundamental rights

DIRECTIVE PRINCIPLES OF STATE POLICY: Although the Directive Principles are asserted

to be "fundamental in the governance of the country," they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution's preamble.

The Directive Principles of State DPSP are Policy (contained in part IV, articles 36 to 51) of the Indian Constitution.

DIRECTIVE PRINCIPLES OF STATE POLICY: Article37: Application of the

principles contained in this Part— The provisions contained in this Part shall not be enforceable by any court , but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws .

DIRECTIVE PRINCIPLES OF STATE POLICY: Article 38 : State to secure a social order for the

promotion of welfare of the people.—

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social ,economic and political , shall inform all the institutions of the national life.

(2) The State shall , in particular , strive to minimize the inequalities in income, and Endeavour to eliminate inequalities in status , facilities and opportunities , not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations .

DIRECTIVE PRINCIPLES OF STATE POLICY: 39. Certain principles of policy to be followed by the State.—

The State shall , in particular , direct its policy towards securing—(a) that the citizens , men and women equally, have the right to an

adequate means of livelihood;(b) that the ownership and control of the material resources of the

community are so distributed as best to sub serve the common good;(c) that the operation of the economic system does not result in the

concentration of wealth and means of production to the common detriment ;

(d) that there is equal pay for equal work for both men and women;(e) that the health and strength of workers , men and women, and the

tender age of children are not abused and that citizens are not forced by economic necessity to enter a vocations unsuited to their age or strength;

( f ) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment .

DIRECTIVE PRINCIPLES OF STATE POLICY: Article 40. Organization of village panchayats .—The State shall take

steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government.

Article 41. Right to work, to education and to public assistance in certain cases .—The State shall , within the limits of its economic capacity and development , make effective provision for securing the right to work, to education and to public assistance in cases of unemployment , old age, sickness and disablement , and in other cases of undeserved want .

Article 42. Provision for just and humane conditions of work and maternity relief .—The State shall make provision for securing jus t and humane conditions of work and for maternity relief.

Article 43. Living wage, etc. , for workers .—The State shall Endeavour to secure, by suitable legislation or economic organisation or in any other way, to al l workers , agricultural , industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of lei sure and social and cultural opportunities and, in particular , the State shall Endeavour to promote cottage industries on an individual or co-operative basis in rural areas .

DIRECTIVE PRINCIPLES OF STATE POLICY: 44. Uniform civil code for the citizens .—The State shall Endeavour to

secure for the citizens a uniform civil code throughout the territory of India.

45. Provision for free and compulsory education for children.—The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of four teen years .

46. Promotion of educational and economic interests of Scheduled Castes , Scheduled Tribes and other weaker sect ions .—The State shall promote with special care the educational and economic interests of the weaker sect ions of the people, and, in particular , of the Scheduled Castes and the Scheduled Tribes , and shall protect them from social injustice and all forms of exploitation.

47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.—The State shall regard the raising of the level of nutrition and the standard of living of i t s people and the improvement of public health as among its primary duties and, in particular , the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

48. Organisation of agriculture and animal husbandry.—The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall , in particular , take steps for preserving and improving the breeds , and prohibiting the s laughter , of cows and calves and other milch and draught cattle.

DIRECTIVE PRINCIPLES OF STATE POLICY: Article 49. Protect ion of monuments and places and objects of

national importance.—It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest , declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement , destruction, removal , disposal or export , as the case may be.

Article 50. Separation of judiciary from executive.—The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 51. Promotion of international peace and security.—The State shall endeavour to—

(a) promote international peace and security;(b) maintain just and honorable relations between nations ;(c) foster respect for international law and treaty obligations in the dealings

of organized peoples with one another ; and (d) encourage settlement of international disputes by arbitration.

EMERGENCY AND SPECIAL PROVISIONS OF THE INDIAN CONSTITUTION :

The Constitution contains Emergency and Special Provisions of the Indian Constitution. Special Provisions relating to Certain Classes are included in Part XVI. The Constitution of India also covers Emergency Provisions in Part XVIII.

Emergency Provisions in the Constitution of India : The Emergency Provisions are mentioned from Article 352 to Article 360 of the Indian Constitution.

Special Provisions Relating to Certain Classes : The Constitution of India has listed the special provisions relating to certain classes in Part XVI. From Article 330 to Article 342

EMERGENCY PROVISIONS :

Article 352: Proclamation of Emergency - due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued.

Article 353: Effect of Proclamation of Emergency - this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions.

EMERGENCY PROVISIONS : Article 354: Application of provisions relating to

distribution of revenues while a Proclamation of Emergency is in operation - provisions made under Articles 268 to 279 can be modified or exceptions can be made.

Article 355: Duty of the Union to protect States against external aggression and internal disturbance - this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation's territory.

Article 356: Provisions in case of failure of constitutional machinery in States - the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers.

EMERGENCY PROVISIONS Article 357: Exercise of legislative powers under

Proclamation issued under article 356 - the powers of the Legislature shall be exercised by the Parliament during emergency.

Article 358: Suspension of provisions of article 19 (right to freedom) during emergencies - any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action.

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies - the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order.

EMERGENCY PROVISIONS :

Article 360: Provisions as to financial emergency - a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament.

SPECIAL PROVISIONS : Article 330: Reservation of seats for Scheduled Castes and Scheduled

Tribes in the House of the People. Article 331: Representation of the Anglo-Indian Community in the

House of the People - it is specified in this Article of the Indian Constitution that the President of India has the sole right to elect a maximum of 2 members belonging to the Anglo-Indian section to represent the entire community.

Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States - This Article of the Constitution states that a definite number of seats in every state's Legislative Assembly should be alloted to the Schedule Castes and Schedule Tribes.

Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States - according to this Article of the Constitution of India if the Governor of any state thinks it necessary to elect one representative of the Anglo-Indian community for the Legislative Assembly of that state then he can do the same. Also, if the governor feels that Anglo-Indian community does not have sufficient representation in the state Legislative Assembly then also he can elect one member of that community for the Assembly.

SPECIAL PROVISIONS : Article 334: Reservation of seats and special representation to

cease after 289A - This Article holds the fact that after 60 years of the enactment of the Indian Constitution, certain provisions shall become ineffective. However, it is also specified that the Article will not be applied until and unless the House of the People or the Legislative Assembly gets dissolved because of some significant reason. The Provisions with which this Article deals with include reserving seats for Anglo-Indian community, Schedule Castes and Schedule Tribes in the House of the People or in the Legislative Assembly.

Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts - The Article states that the various claims of the Schedule Castes and Schedule Tribes shall be regarded accordingly.

Article 336: Special provision for Anglo-Indian community in certain services - as per this Article, for such posts of Union as postal and telegraph, customs and railway, the members of the Anglo-Indian community will be selected, for the first two years of the initiation of the Constitution, following the rules prevailing before 15th August, 1947

SPECIAL PROVISIONS : Article 337: Special provision with respect to

educational grants for the benefit of Anglo-Indian community

Article 338: National Commission for Scheduled Castes and Scheduled Tribes - This Article covers the issues to be dealt with by the said Commission exclusively made for the Schedule Castes and Schedule Tribes.

Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes - the Article suggests that a Commission specifying the administration of Scheduled Areas and Welfare of Scheduled Tribes shall be formed by Order of the President after 10 years of the Indian Constitution's enactment.

SPECIAL PROVISIONS : Article 340: Appointment of a Commission to investigate

the conditions of backward classes - this Article specifies that the President of India can form a Commission by Order that will look into the overall condition of the people belonging to the backward classes.

Article 341: Scheduled Castes - this Article states that the President of India after taking the advice of the Governor of any state or Union Territory, has the right to demarcate tribes, races or castes or a part of any group as Scheduled Castes, in accordance with the law of the Constitution.

Article 342: Scheduled Tribe - a group belonging to a tribe or an entire tribal community of a state or an Union Territory can be declared as Scheduled Tribe by the President of India through issuing a public notice.

INDIAN PARLIAMENT

The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India.

The Parliament of India comprises the President of India and the two Houses, Lok Sabha (House of the People) and Rajya Sabha (Council of States).

The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.

INDIAN PARLIAMENT : LOK SABHA

All of its members are directly elected by citizens of India on the basis of Universal Adult Suffrage, except two who are appointed by the President of India.

The Constitution provides that the maximum strength of the House be 552 members. It has a term of five years.

Up to 530 members represent the territorial constituencies in States, up to 20 members represents the Union Territories and no more than two members from Anglo-Indian community can be nominated by the President of India if he or she feels that the community is not adequately represented

INDIAN PARLIAMENT : RAJYA SABHA Rajya Sabha is a permanent body and is not

subject to dissolution. However, one third of the members retire every second year, and are replaced by newly elected members.

Each member is elected for a term of six years. Its members are indirectly elected by members

of legislative bodies of the States. The Rajya Sabha can have a maximum of 250 members in all.

The Council of States is designed to maintain the federal character of the country. The number of members from a state depends on the population of the state

SESSION OF PARLIAMENT :

The period during which the House meets to conduct its business is called a session. The Constitution empowers the President to summon each House at such intervals that there should not be more than 6 month's gap between the two sessions. Hence the Parliament must meet at least twice a year. In India, the parliament conducts three sessions each year:

Budget session: 20–35 days in the months of February to May.

Monsoon session: 20–35 days in the months of July to August.

Winter session: 20–34 days in the months of November to December