Study Material Constitution of India

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Constitution of India1

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Constitution of India

The Constitution of India wasadopted on 26th

November 1949 and came into effect on 26th

J anuary 1950,

proclaiming India to be a sovereign, democratic republic. It contained the founding principles of the law of

the land which would govern India. On the day the constitution came into effect, India ceased to be adominion of the British Crown.

Evolution

Regulating Act o f 1773

The Regulating Act of 1773 was an Act of the Parliament of Great Britain intended to overhaul the

management of the East India Company's rule in India.

Provisions of the Regulating Act

• The Act limited Company dividends to 6% until it repaid a GB£1.5M loan and restricted the Court of

Directors to four-year terms.

• It prohibited the servants of company from engaging in any private trade or accepting presents or

bribes from the natives.• The Act elevated Governor of Bengal Warren Hastings to Governor-General and subsumed the

presidencies of Madras and Bombay under Bengal's control.

• The Act named four additional men to serve with the Governor-General on the Calcutta Council: Lt-

Gen J ohn Clavering, George Monson, Richard Barwell, and Philip Francis. Barwell was the only one

with previous experience in India. These councillors were commonly known as the "Council of Four".

A supreme court was established at Fort William at Calcutta. British judges were to be sent to India to

administer the British legal system that was used there.

Pitts Ind ia Act 1784

The East India Company Act 1784, also known as Pitt's India Act, was an Act of the Parliament of Great

Britain intended to address the shortcomings of the Regulating Act of 1773 by bringing the East India

Company's rule in India under the control of the British Government. Pitt's India Act provided for the

appointment of a Board of Control, and provided for a joint government of British India by both the Company

and the Crown.

Provisions of the 1784 Act

A governing board was constituted with six members, two of whom were members of the British Cabinet and

the remaining from the Privy Council. The board also had a president, who soon effectively became the

minister for the affairs of the East India Company. The board had power and control over all of the acts and

operations relating to the civil, military and revenues of the company.

The governing council of the company was reduced to three members, and the governor-general was

authorized to veto the majority decisions. The governors of Bombay and Madras were also deprived of their

independence. Calcutta was given greater powers in matters of war, revenue and diplomacy; thus becoming

in effect the administrative capital of company possessions in India.

By a supplementary Act passed in 1786 Lord Cornwallis was appointed as the second governor-general, and

he then became the effective ruler of British India under the authority of the Board of Control and the Court of

Directors. The constitution set up by Pitt's India Act did not undergo any major changes until the end of the

company's rule in India in 1858.





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Charter Act o f 1813

The East India Company Act 1813, also known as the Charter Act o f 1813, was an Act of the Parliament of

the United Kingdom which renewed the charter issued to the British East India Company, and continued the

Company's rule in India. However, the Company's commercial monopoly was ended, except for the tea trade

and the trade with China. Reflecting the growth of British power in India, 1.The Act expressly asserted the

Crown's sovereignty over British India. 2. It allotted Rs 100,000 to promote education in India. 3. Christian

missionaries were allowed to come to British India and preach their religion. The power of the provincial governments and courts in India over European British subjects was also

strengthened by the Act. Financial provision was also made to encourage a revival in Indian literature and for

the promotion of science.

The Company's charter had previously been renewed by the Charter Act of 1793, and was next renewed by

the Government of India Act 1833.

British India Act of 1835

The English Education Act was a legislative Act of the Council of India in 1835 giving effect to a decision in

1835 by William Bentinck, 4th Duke of Portland, the then Governor-General of British India to reallocate funds

the East India Company was required by the British Parliament to spend on education and literature in India.

Formerly, they had supported traditional Muslim and Hindu education and the publication of literature in the

native learned tongues (Sanskrit and Arabic); henceforward they were to support establishments teaching a

Western curriculum with English as the language of instruction. Together with other measures promoting

English as the language of administration and of the higher law courts (replacing Persian), this led eventually

to English becoming one of the languages of India, rather than simply the native tongue of its foreign rulers.

British India Act of 1858

The Government of India Act 1858 called for the liquidation of the British East India Company (who had up

to this point been ruling British India under the auspices of Parliament) and the transference of its functions to

the British Crown. Lord Palmerston, then-Prime Minister of the United Kingdom, introduced a bill for the

transfer of control of the Government of India from the East India Company to the Crown, referring to the

grave defects in the existing system of the government of India.

The main provisions of the bill were:

• The Company's territories in India were to be vested in the Queen, the Company ceasing to exercise

its power and control over these territories. India was to be governed in the Queen's name.

• The Queen's Principal Secretary of State received the powers and duties of the Company's Court of

Directors. A council of fifteen members was appointed to assist the Secretary of State for India. The

council became an advisory body in India affairs. For all the communications between Britain and

India, the Secretary of State became the real channel.

• The Secretary of State for India was empowered to send some secret despatches to India directly

without consulting the Council. He was also authorised to constitute special committees of his

Council.• The Crown was empowered to appoint a Governor-General and the Governors of the Presidencies.

• Provision for the creation of an Indian Civil Service under the control of the Secretary of State.

• All the property of the East India Company was transferred to the Crown. The Crown also assumed

the responsibilities of the Company as they related to treaties, contracts, and so forth.

The Act ushered in a new period of Indian history, bringing about the end of Company rule in India. The era of

the new British Raj would last until Partition of India in August 1947, at which time all of the territory of the Raj

was granted dominion status within the Dominion of Pakistan and the Union of India.





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The Indian Councils Act 1861

The Indian Councils Act 1861 was an Act of the Parliament of the United Kingdom that transformed the

Viceroy of India's executive council into a cabinet run on the portfolio system. This cabinet had six "ordinary

members" who each took charge of a separate department in Calcutta's government: home, revenue,

government, law, finance, and (after 1874) public works. The military Commander-in-Chief sat in with the

council as an extraordinary member. The Viceroy was allowed, under the provisions of the Act, to overrule the

council on affairs if he deemed it necessary - as was the case in 1879, during the tenure of Lord Lytton. The Secretary of State for India at the time the Act was passed, Sir Charles Wood, believed that the Act was

of immense importance: "the act is a great experiment. That everything is changing in India is obvious enough

and that the old autocratic government cannot stand unmodified is indisputable."

The 1861 Act restored the legislative power taken away by the Charter Act of 1833. The legislative council at

Calcutta was given extensive authority to pass laws for British India as a whole, while the legislative councils

at Bombay and Madras were given the power to make laws for the "Peace and good Government" of their

respective presidencies. The Governor General was given the power to create new provinces for legislative

purposes. He also could appoint Lt. Governors for the same.

The Indian Councils Act 1909

The Indian Councils Act 1909, commonly known as the Morley-Minto Reforms, was an Act of the

Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the

governance of British India.

J ohn Morley, the Liberal Secretary of State for India, and the Conservative Governor-General of India, The

Earl of Minto, believed that cracking down on uprising in Bengal was necessary but not sufficient for restoring

stability to the British Raj after Lord Curzon's partitioning of Bengal. They believed that a dramatic step was

required to put heart into loyal elements of the Indian upper classes and the growing Westernised section of

the population.

They produced the Indian Councils Act of 1909 (Morley-Minto reforms), these reforms did not go any

significant distance toward meeting the Indian National Congress demand for 'the system of government

obtaining in Self-Governing British Colonies'.

The Act of 1909 was important for the following reasons:

• It effectively allowed the election of Indians to the various legislative councils in India for the first time.

Previously some Indians had been appointed to legislative councils. The majorities of the councils

remained British government appointments. Moreover the electorate was limited to specific classes of

Indian nationals.

The following were the main features of the Act of 1909:

1. The number of the members of the Legislative Council at the Center was increased from 16 to 60.

2. The number of the members of the Provincial Legislatives was also increased. It was fixed as 50 in the

provinces of Bengal, Madras and Bombay, and for the rest of the provinces it was 30.

3. The member of the Legislative Councils, both at the Center and in the provinces, were to be of four

categories i.e. ex-officio members (Governor General and the members of their Executive Councils),

nominated official members (those nominated by the Governor General and were government officials),

nominated non-official members (nominated by the Governor General but were not government officials) and

elected members (elected by different categories of Indian people).

4. The right of separate electorate was given to the Muslims.

5. Official members were to form the majority but in provinces non-official members would be in majority.





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6. The members of the Legislative Councils were permitted to discuss the budgets, suggest the amendments

and even to vote on them; excluding those items that were included as non-vote items. They were also

entitled to ask supplementary questions during the legislative proceedings.

7. The Secretary of State for India was empowered to increase the number of the Executive Councils of

Madras and Bombay from two to four.

8. Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.

9. The Governor General was empowered to nominate one Indian member to his Executive Council.

The Government of India Act 1919

The Government of India Act 1919 was an Act of the Parliament of the United Kingdom. It was passed to

expand participation of Indians in the government of India. The Act embodied the reforms recommended in

the report of the Secretary of State for India, Edwin Montague, and the Viceroy, Lord Chelmsford. The Act

covered ten years, from 1919 to 1929.

The Act provided a dual form of government (a "dyarchy") for the major provinces. In each such province,

control of some areas of government, the "transferred list", were given to a Government of ministers

answerable to the Provincial Council. The 'transferred list' included Agriculture, supervision of local

government, Health and Education. The Provincial Councils were enlarged.

At the same time, all other areas of government (the 'reserved list') remained under the control of the Viceroy.

The 'reserved list' included Defence (the military), Foreign Affairs, and Communications.

The Imperial Legislative Council was enlarged and reformed. It became a bicameral legislature for all India.

The lower house was the Legislative Assembly of 144 members, of which 104 were elected and 40 were

nominated and tenure of three years. The upper house was the Council of States consisting of 34 elected and

26 nominated members and tenure of five years.

The Government of India Act 1935

The Government of India Act 1935 was originally passed in August 1935 and is said to have been the

longest (British) Act of Parliament ever enacted by that time. Because of its length, the Act was retroactively

split by the Government of India (Reprinting) Act 1935 into two separate Acts:

1. The Government of India Act 1935

2. The Government of Burma Act 1935

The most significant aspects of the Act were:

• the grant of a large measure of autonomy to the provinces of British India (ending the system of

dyarchy introduced by the Government of India Act 1919)

• provision for the establishment of a "Federation of India", to be made up of both British India and

some or all of the "princely states"

• the introduction of direct elections, thus increasing the franchise from seven million to thirty-five million

people

• a partial reorganization of the provinces:

o

Sindh was separated from Bombayo Bihar and Orissa were split into separate provinces of Bihar and Orissa

o Burma was completely separated from India

o Aden was also detached from India, and established as a separate colony

• membership of the provincial assemblies was altered so as to include more elected Indian

representatives, who were now able to form majorities and be appointed to form governments

• the establishment of a Federal Court





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However, the degree of autonomy introduced at the provincial level was subject to important limitations: the

provincial Governors retained important reserve powers, and the British authorities also retained a right to

suspend responsible government.

The parts of the Act intended to establish the Federation of India never came into operation, due to opposition

from rulers of the princely states. The remaining parts of the Act came into force in 1937, when the first

elections under the Act were also held.

Some Features of the Act

No Preamble – The Ambiguity of the British Commitment to Dominion Status

While it had become uncommon for British Acts of Parliament to contain a preamble, the absence of one from

the Government of India Act 1935 contrasts sharply with the 1919 Act, which set out the broad philosophy of

that Act's aims in relation to Indian political development.

The 1919 Act's preamble quoted, and centered on, the statement of the Secretary of State for India, Edwin

Montague (17 J uly 1917 – 19 March 1922) to the House of Commons on 20 August 1917, which pledged:

Indian demands were by now centering on British India achieving constitutional parity with the existing

Dominions such as Canada and Australia, which would have meant complete autonomy within the British

Commonwealth. A significant element in British political circles doubted that Indians were capable of running

their country on this basis, and saw Dominion status as something that might, perhaps, be aimed for after a

long period of gradual constitutional development, with sufficient "safeguards".

This tension between and within Indian and British views resulted in the clumsy compromise of the 1935 Act

having no preamble of its own, but keeping in place the 1919 Act's preamble even while repealing the

remainder of that Act. Unsurprisingly, this was seen in India as yet more mixed messages from the British,

suggesting at best a lukewarm attitude and at worst suggesting a "minimum necessary" approach towards

satisfying Indian desires.

No Bill of Rights

In contrast with most modern constitutions, but in common with Commonwealth constitutional legislation of the

time, the Act does not include a "bill of rights" within the new system that it aimed to establish. However, in the

case of the proposed Federation of India there was a further complication in incorporating such a set of rights,

as the new entity would have included nominally sovereign (and generally autocratic) princely states.

A different approach was considered by some, though, as the draft outline constitution in the Nehru Report

included such a bill of rights.

Relationship to a Dominion Constituti on

In 1947, a relatively few amendments in the Act made it the functioning interim constitutions of India and

Pakistan.

Safeguards

The Act was not only extremely detailed, but it was riddled with ‘safeguards’ designed to enable the British

Government to intervene whenever it saw the need in order to maintain British responsibilities and interests.

To achieve this, in the face of a gradually increasing Indianization of the institutions of the Government of

India, the Act concentrated the decision for the use and the actual administration of the safeguards in the

hands of the British-appointed Viceroy and provincial governors who were subject to the control of the

Secretary of State for India.





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The Cabinet Mission Plan

In 1946, British Prime Minister Clement Attlee formulated a Cabinet Mission to India to discuss and finalize

plans for the transfer of power from the British Raj to Indian leadership as well as provide India with

independence under Dominion status in the Commonwealth of Nations. The present constitution was framed

by the Constituent Assembly of India setup under Cabinet Mission Plan of May 16, 1946. The Mission

discussed the framework of the constitution and laid down in some detail the procedure to be followed by the

constitution drafting body. Elections for the 296 seats assigned to the British Indian provinces were completedby August 1946. The Constituent Assembly first met and began work on 9

thDecember 1946.

The Indian Independence Act 1947

The Indian Independence Act 1947 was as an Act of the Parliament of the United Kingdom that partitioned

British India into the two new independent dominions of India and Pakistan. The Act received the royal assent

on 18 J uly 1947, and the two new countries came into being on 15 and 14 August respectively.

The legislation was formulated by the government of Prime Minister Clement Attlee, after representatives of

the Indian National Congress, the Muslim League, and the Sikh community came to an agreement with the

Viceroy of India, Lord Mountbatten of Burma, on what has come to be known as the 3 June Plan or

Mountbatten Plan.

The background to the Act

Attlee’s announcement

The Prime Minister of the United Kingdom, Clement Attlee, announced on 20 February 1947 that:

1. British Government would grant full self government to British India by June 1948 at the latest,

2. The future of Princely States would be decided after the date of final transfer is decided

3 June Plan

The British government proposed a plan announced on 3 J une 1947 that included these principles:

1. Principle of Partition of India was accepted by the British Government

2. Successor governments would be given dominion status

3. Implicit right to secede from the British Commonwealth

The Indian Independence Act 1947 was the implementation of J une 3 Plan.

The Act's provisi ons

The Act's most important provisions were:

• the division of British India into the two new and fully sovereign dominions of India and Pakistan, with

effect from 15 August 1947;

• the partition of the provinces of Bengal and Punjab between the two new countries;

• the establishment of the office of Governor-General in each of the two new countries, as

representative of the Crown;

• the conferral of complete legislative authority upon the respective Constituent Assemblies of the two

new countries;

•

the termination of British suzerainty over the princely states, with effect from 15 August 1947, andrecognized the right of states to accede to either dominion

.

• the dropping of the use of the title "Emperor of India" by the British monarch (this was subsequently

done by King George VI by royal proclamation on 22 J une 1948).

The Act also made provision for the division of joint property, etc. between the two new countries, including in

particular the division of the armed forces.





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Salient features of the act

1. Two new dominions: Two new dominions were to emerge from the Indian Union, Pakistan and India.

2. Appointed Date: 15 August 1947 was declared as the appointed date for the partition.

3. Territories:

1. Pakistan: East Bengal, West Punjab, Sind, and Chief Commissioner’s Province of

Baluchistan.

2. The fate of North West Frontier Province was subject to the result of referendum.3. Bengal & Assam:

1. The province of Bengal as constituted under the Government of India Act 1935

ceased to exist;

2. In lieu thereof two new provinces were to be constituted, to be known respectively as

East Bengal and West Bengal.

3. The fate of District Sylhet, in the province of Assam, was to be decided in a

referendum.

4. Punjab:

1. The province as constituted under as constituted under the Government of India Act

1935 ceased to exist;

2. Two new provinces were to be constituted, to be known respectively as West Punjab

& East Punjab

4. The boundaries of the new provinces were to be determined by, whether before or after the appointed

date, by the award of a boundary commission to be appointed by the Governor General.

5. Constitution for the New Dominions: until the time of framing of new constitution, the new dominions

and the provinces thereof were to be governed by the Government of India Act 1935. (Temporary

Provisions as to the Government of Each New Dominion.)

6. The Governors General of the new dominions:

1. For each of the new dominion a new Governor General was to be appointed by the Crown,

subject to the law of the legislature of either of the new dominions.

2. Same person as Governor General of both dominions: if unless and until provision to the

contrary was made by a law of the legislature of either of the new dominions, the same

person could be the Governor General of both.

7. Powers of Governor General: (Section-9)

1. The Governor General was empowered to bring this Act in force.

2. Division of territories, powers, duties, rights, assets, liabilities, etc., was the responsibility of

Governor General

3. To adopt, amend, Government of India Act 1935, as the Governor General may consider it

necessary.

4. power to introduce any change was until 31 March 1948, after that it was open to the

constituent assembly to modify or adopt the same Act. (Temporary Provisions as to the

Government of Each New Dominion.)

5. Governor General had full powers to give assent to any law.

8. Legislation for the new dominions:

1. The existing legislative setup was allowed to continue as Constitution making body as well as

a legislature. (Temporary Provisions as to the Government of Each New Dominion.)

2. The legislature of each dominion was given full powers to make laws for that dominion,

including laws having extraterritorial operation.

3. No Act of Parliament of UK passed after the appointed date would be extended to the

territories of new dominions.





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4. No law and provision of any law made by the legislature of the new ominions shall be void or

inoperative on the ground that it is repugnant to the law of England.

5. The Governor General of each dominion had full powers to give assent in His Majesty’s name

to any law of the legislature. [Configuration of Pakistan’s Constitution Assembly (CAP I): 69

members of the central legislature +10 immigrant members=79]

9. Consequences of setting up of the new dominions:

1. His Majesty’s Government lost all the responsibility to the new dominions2. The suzerainty of His Majesty’s Government over the Indian States lapsed.

3. All the treaties or agreements in force at the passing of the Act lapsed.

4. The title of “Emperor of India” was dropped from the titles of British Crown.

5. The office of Secretary of State for India was abolished and the provisions of GOI Act 1935

relating to the appointments to the civil service or civil posts under the crown by the secretary

of the state ceased to operate

10. Civil servants: Section 10 provided for the continuance of service of the government servants

appointed on or before 15 August 1947 under the Governments of new Dominions with full benefits.

11. Armed Forces: Sections 11, 12, & 13 dealt with the future of Indian Armed Forces. A Partition

Committee was formed on 7 J une 1947, with two representatives from each side and the viceroy in

the chair, to decide about the division thereof. As soon as the process of partition was to start it was to

be replaced by a Partition Council with a similar structure.

12. First and Second Schedules:

1. First Schedule listed the districts provisionally included in the new province of East Bengal:

1. Chittagong Division: Chittagong, Noakhali & Tippera.

2. Dacca Division: Bakarganj, Dacca, Faridpur, & Mymensingh.

3. Presidency Division: J essor, Murshidabad & Nadia

4. Rajshahi Division: Bogra, Dinajpur, Malda, Rajshahi & Rangpur.

2. Second Schedule listed the districts provisionally included in the new province of West

Punjab:

1. Lahore Division: Gujranwala, Gurdaspur, Lahore, Sheikhupura & Sialkot.

2. Rawalpindi Division: Attock, Gujrat, J ehlum, Rawalpindi & Shahpur.

3. Multan Division: Dera Ghazi Khan, J hang, Lyallpur, Montgomery, Multan &

Muzaffargarh

13. Princely States of India: there were a total of 562 princely states in India. Mountbatten in his press

conference on 4 J une 1947 gave the framework on their fate:

1. Indian States were independent in treaty relations with Britain

2. On 15 August 1947 the paramountancy of British Crown was to lapse

3. Consequently the princely states would assume independent status

4. The states would be free to choose one or other constituent assembly

Ten states signed instrument of accession with Pakistan: Amb, Bahawalpur, Chitral, Dir, Kalat, Khairpur,

Kharan, Lasbela, Makran, and Swat.

Aftermath

Dominion of India

Lord Mountbatten of Burma, the last Viceroy, was retained as the Governor-General of India. J awaharlal

Nehru became the Prime Minister of India and Sardar Vallabhbhai Patel became the Deputy Prime Minister of

India. Over 560 princely states, including J ammu and Kashmir, acceded to India, with the states of Junagadh

and Hyderabad annexed after military action.





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Dominion of Pakistan

Muhammad Ali J innah became the Governor-General of Pakistan, and Liaquat Ali Khan became the Prime

Minister of Pakistan.

Three princely states geographically inalienable to Pakistan joined the Dominion.

Partition

There was much violence as many Muslims from what would become India fled to Pakistan; and Hindus fromwhat would become Pakistan fled to India. Many people left behind all their possessions and property, to

avoid the violence and flee to their new country.

Constituent Assembly

The Constituent Assembly of India was elected to write the Constitution of India. The Constituent Assembly

was set up while India was still under British rule, following negotiations between Indian leaders and members

of the 1946 Cabinet Mission to India from the United Kingdom. The Assembly members were elected to it

indirectly by the members of the individual provincial legislative assemblies, and initially included

representatives for those provinces which came to form part of Pakistan, some of which are now within

Bangladesh. The Constituent Assembly had 217 representatives, including 15 women.

The Interim Government of India was formed on 2 September 1946 from the newly-elected Constituent

Assembly.

The Congress held a large majority in the Assembly, with 69 per cent of all of the seats, while the Muslim

League held almost all of the seats reserved in the Assembly for Muslims. There were also some members

from smaller parties, such as the Scheduled Caste Federation, the Communist Party of India, and the Unionist

Party.

In J une 1947, the delegations from the provinces of Sindh, East Bengal, Baluchistan, West Punjab, and the

North West Frontier Province withdrew, in order to form the Constituent Assembly of Pakistan, meeting in

Karachi.

On August 15, 1947, the Dominion of India and Dominion of Pakistan became independent nations, and the

members of the Constituent Assembly who had not withdrawn to Karachi became India's Parliament. Only 28

members of the Muslim League finally joined the Indian Assembly. Later, 93 members were nominated from

the princely states. The Congress thus secured a majority of 82%.

The Constituent Assembly, consisting of indirectly elected representatives, was set up for the purpose of

drafting a constitution for India (including what are now the separate countries of Pakistan and Bangladesh).

In the event, it remained in being for almost three years, acting as the first parliament of India after

independence in 1947. The Assembly was not elected on the basis of universal adult franchise, plus only

Muslims and Sikhs were given special representation as "minorities" but nor other religious groups. The

influential Muslim League initially boycotted the Assembly after having failed to prevent its gathering. The

Constituent Assembly was a one-party body in a one-party country. The Congress Party had wide diversity

within itself, from conservative industrialists to radical Marxists, but party members mainly drove the process.

The Assembly met for the first time in New Delhi on 9 December 1946. The last session of the Assembly was

held in November 1949. Over the course of this period (two years, eleven months and seventeen days), the

Assembly held eleven sessions, sitting on a total of 165 days.[1]

The hope behind the Assembly was

expressed by J awaharlal Nehru: "The first task of this Assembly is to free India through a new constitution, to

feed the starving people, and to clothe the naked masses, and to give every Indian the fullest opportunity to

develop himself according to his capacity."





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Drafting of the Constitution

In the 14th

August 1947 meeting of the Assembly, a proposal for forming various committees was presented.

The important ones among the 13 committees were:

Committee Chairman

Union Powers Committee J awaharlal Nehru

Fundamental Rights and Minority Committee V.B Patel

Provincial ConstitutionCommittee V.B Patel

Union Constitution Committee J awaharlal Nehru

Drafting Committee B.R Ambedkar

Flag Committee J ivatram Kripalani

Steering Committee K.M Munshi

On 29th

August 1947, the Drafting Committee was appointed, with Dr Ambedkar as the Chairman along with

six other members, as below:

Members of the Constitution Drafting Committee

1. Dr. B. R. Ambedkar – Chairman

2. N. Gopalaswami Ayyangar

3. Alladi Krishnaswami Ayyar (a distinguished jurist)

4. K.M. Munshi (a distinguished jurist)

5. Syyed Mohd. Saadulla

6. N. Madhav Rao fin place of B.L. Mitra)

7. D.P Khaitan (T Krishnamachari, after Khaitan’s death in 1948).

The architects of India’s constitution, though drawing on many external sources, were most heavily

influenced by the British model of parliamentary democracy. In addition, a number of principles were adoptedfrom the Constitution of the United States of America, including the separation of powers among the major

branches of government, the establishment of a supreme court, and the adoption, albeit in modified form, of a

federal structure (a constitutional division of power between the union [central] and state governments).

A Draft Constitution was prepared by the committee and submitted to the Assembly on 4th

November 1947.

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. The Drafting Committee, which bore the responsibility of

drafting the Constitutional document during the recess of the Constituent Assembly, from July 1947 to Sept

1948.

The Constitution, in its current form, consists of a preamble, 22 parts containing 395 articles, 12 schedules, 2appendices and 94 amendments to date. Although it is federal in nature with st rong unitary bias, in case of

emergencies it takes unitary structure. The important features of our constitution are explained below:

1. The Preamble

The “preamble’’ or preliminary statement of the Indian Constitution deals with the aims, objectives, ideals and

the foundation of the Indian Constitution. It is correlated with the Objective Resolution passed by the

Constituent Assembly on J anuary 22, 1947.





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The preamble states:

“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:

J USTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them allFRATERNITY 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.”

Objectives Resolution

The underlying principles of the Constitution were laid down by J awaharlal Nehru in his Objectives Resolution:

• India is an Independent, Sovereign, Republic;

• India shall be a Union of erstwhile British Indian territories, Indian States, and other parts outside British

India and Indian States as are willing to be a part of the Union;

• Territories forming the Union shall be autonomous units and exercise all powers and functions of the

Government and administration, except those assigned to or vested in the Union;

• All powers and authority of sovereign and independent India and its constitution shall flow from the

people;

• All people of India shall be guaranteed and secured social, economic and political justice; equality of

status and opportunities before law; and fundamental freedoms - of talk, expression, belief, faith, worship,

vocation, association and action - subject to law and public morality;

• The minorities, backward and tribal areas, depressed and other backward classes, shall be provided

adequate safeguards;

• The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be maintained

according to justice and law of civilized nations;

•

The land would make full and willing contribution to the promotion of world peace and welfare of mankind.

The importance of the Preamble

The Preamble serves as a guiding light for the Constitution and judges interpret the Constitution in its light. In

a majority of decisions, the Supreme Court of India has held that the objectives specified in the preamble

constitute thebasic structure of the Indian Constitution , which cannot be amended. Though thePreamble

is a part of the constituti on, still neither it nor any of its content is legally enforceable.

The first words of the Preamble - “We, the people” - signify that power is ultimately vested in the hands of the

people of India. The Preamble lays down the most important national goals which every citizen and the

government must try to achieve, such as socialism, secularism and national integration. Lastly, it lays down

the date for the adoption of the Constitution – 26th

November 1949.

Explanation of some of the impor tant words in the Preamble

Sovereign

The word sovereign means supreme or independent. India is internally and externally sovereign - externally

free from the control of any foreign power and internally it has a free government which is directly elected by

the people and makes laws that govern the people.





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Socialist

The word socialist was added to the Preamble by the42nd

amendment act of 1976. It implies social and

economic equality. Social equality in this context means the absence of discrimination on the grounds of

caste, colour, creed, sex, religion, language, etc. Under social equality, everyone has equal status and

opportunity. Economic equality in this context means that the government will endeavour to make the

distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasizing a

commitment towards the formation of a “welfare state” .

Secular

The word secular was inserted into the Preamble by the 42nd

amendment act of 1976. It implies equality of all

religions and religious tolerance. India, therefore, does not have an official state religion. Every person has the

right to preach, practice and propagate any religion they choose. The government must not favour or

discriminate against any religion. It must treat all religions with equal respect. All citizens, irrespective of their

religious beliefs are equal in the eyes of law. The Supreme Court inS.R Bommai v. Union of India case held

that secularism was an integral part of the basic structure of the constitution.

Democratic

India is a democracy. The people of India elect their governments at all levels (Union, State and local) by asystem of universal adult franchise; popularly known as 'One man one vote'. Every citizen of India, who is

18 years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this

right without any discrimination on the basis of caste, creed, colour, sex, religion or education.

Republic

As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until

he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly

or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five

years. The Post of the President of India is not hereditary. Every citizen of India is eligible to become the

President of the country.

2. Parts

Parts are the individual chapters in the Constitution, focusing on specific issues of law.

• Preamble

• Part I - Union and its Territory

• Part II - Citizenship.

• Part III - Fundamental Rights

• Part IV - Directive Principles and

Fundamental Duties.

• Part V - The Union.

• Part VI - The States.

• Part VII - States in the B part of the Firstschedule(Repealed).

• Part VIII - The Union Territories

• Part IX - Panchayat system and

Municipalities.

• Part X - The scheduled and Tribal Areas

• Part XI - Relations between the Union and

the States.

• Part XII - Finance, Property, Contracts and Suits

• Part XIII - Trade and Commerce within the territory of

India

• Part XIV - Services Under the Union, the States and

Tribunals

• Part XV - Elections

• Part XVI - Special Provisions Relating to certain

Classes.

• Part XVII - Languages• Part XVIII - Emergency Provisions

• Part XIX - Miscellaneous

• Part XX - Amendment of the Constitution

• Part XXI - Temporary, Transitional and Special

Provisions

• Part XXII - Short title, date of commencement,

authoritative text in Hindi and Repeals





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3. Schedules

Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the

Government.

• First Schedule (Articles 1 and 4) — States and Union Territories – This lists the states and territories of

India, any changes to their borders and the laws used to make that change.

• Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221) — Emoluments for High-

Level Officials – This lists the salaries of officials holding public office, judges, and Controller and Auditor-

General of India.

• Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219) — Forms of Oaths – This lists the oaths of

offices for elected officials and judges.

• Fourth Schedule (Articles 4 and 80) – This details theallocation of seats in the Rajya Sabha (the upper

house of Parliament) per State or Union Territory.

• Fifth Schedule (Article 244) – This provides for the administration and control of Scheduled Areas and

Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).

• Sixth Schedule (Articles 244 and 275) — Provisions for the administration of tribal areas in Assam,

Meghalaya, Tripura, and Mizoram.

• Seventh Schedule (Article 246) — The union (central government), state, and concurrent lists of

responsibilities.

• Eighth Schedule (Articles 344 and 351) — The official languages.

• Ninth Schedule (Article 31-B) - Articles mentioned here are immune from judicial review.

• Tenth Schedule (Articles 102 and 191) — "Anti-defection" provisions for Members of Parliament and

Members of the State Legislatures.

• Eleventh Schedule (Article 243-G) — Panchayati Raj (rural local government).

• Twelfth Schedule (Article 243-W) — Municipalities (urban local government).

Study Material Constitution of India

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