Constitution of India PDF

1 Unit Constitution of India Learning Objectives Leanpub This chapter discusses the meaning, nature, and significance   of the Indian Constitution....

1 Unit Constitution of India Learning Objectives Leanpub This chapter discusses the meaning, nature, and significance   of the Indian Constitution. This chapter provides insights into the philosophy of the Indian Constitution.   It throws light on the making of the Constitution.   This chapter identifies the sources that had inspired the framers of the Constitution to   improvise and incorporate these into our Constitution. This chapter will explain the salient features of the Indian Constitution.   This chapter will elucidate on the parliamentary type of democracy in India.   1.1 Meaning, Functions and people of this country to live together. The Significance of the Constitution absence of the basic rules and regulations may imperil the very statehood of India and also make the people feel insecure. Colonial rule was based on Charters, Councils Acts and Government of India Acts. Politics and administration of the newly emerging Indian nation is based on a definite written constitution. The central legislative body was converted into a constituent Assembly (i.e. a constitution Nationalism during the colonial Making body). The proposed constitution period strived not only for political was meant to bind different matters and independence but also for territorial different categories of society into one integration, constitutionalism and state, facilitating a union of states and democratization. cooperation and co-ordination between various segments that constitute the India is a culturally diverse country, federal narrow. yet united as a political state. Indians are dependent upon each other in many ways, The most critical function of a and they cooperate in many ways. There is a constitution is to provide a set of basic felt need to have specific agreed basic rules rules that allow for optimal coordination and regulations which could facilitate the amongst members of the state. A ( 1 ( 12th_Political Science_Unit_1.indd 1 07/12/2022 12:39:09  constitution is a body of necessary codes, The constitution puts forth specific according to which a state is constituted fundamental laws which cannot be and governed. The constitution specifies violated by its citizens. It also protects the necessary allocation of power between certain fundamental rights of the people the various segments of the state. Indian living in a country. The constitution of a diversities necessitated a Union of states, country defines who are all the citizens of and the freedom movements favoured a a nation. It also sets the framework that democratic form of government. illustrates the relationship between the Accordingly the Parliament in India states or parts of a country with each other decides the laws and policies of the and even with the central government. country. Most of the constitutions in the world are written documents that comprise Activity many articles and schedules. There are still a few constitutions like that of the Think-Pair-Share United Kingdom which do not have one Topic : C onstitution is called the single document, which could be called “Fundamental Law of Land” as a distinct constitution. The United Students are asked to think about the Kingdom, instead has a series of customs, topic for two or three minutes and share conventions and historical precedents his/her views with his/her pair. Teacher which are collectively referred to as its can ask randomly any three pairs to constitutional components. share their views in the classroom. Constitution empowers the Theocratic State government to fulfill the aspirations What is the opposite of of a society and create conditions for a secular state? Name any state that is just society. The part four of the Indian not secular. Constitution has provisions for the A state which is government to make laws to address many not secular is a problems prevalent in Indian society. The Theocratic State. constitution expresses the fundamental Theocratic state has identity of the people in a country. People an official religion (State religion), in a community may have many similar and all the high posts of the country ethnic identities that exist before the are reserved for the followers of the enactment of the constitution. The people religion. Pakistan, Vatican etc., are of a country will have a political identity some examples of a Theocratic State. after the promulgation of the structure by accepting the fundamental laws of Formulation the state put forth by the constitution. The individual’s objectives, aspirations, Formulation refers to how a and freedoms should comply with the constitution comes into being, who crafted constitutional regulations of a country. it and their authority. The Constitution ( 2 ( 12th_Political Science_Unit_1.indd 2 07/12/2022 12:39:09  of India has the legitimacy since it has The fundamental laws of the structure been drafted by a constituent assembly would reveal the nature of a constitution. consisting of people’s representatives. Any constitution could be successful The Constitution of India reflected the only when it preserves the freedom and consensus of most of the sections of equality of all its citizens. people in India during Independence. There are instances where some countries Secularism in India have subjected their constitution to a full- The 42nd Amendment enlarged the fledged referendum. Preamble of the Indian Constitution from “Sovereign Democratic Republic” to a Referendum “Sovereign Socialist Secular Democratic A referendum is a method of Republic,” and also changed the words referring a question or set of questions “unity of the nation” to “unity and to the electorate directly rather than integrity of the nation.” Former Prime allowing them to be settled by the people’s Minister, Indira Gandhi, enacted the 42nd representatives in the legislature. The Amendment in 1976, during the National referendum is also often used to determine Emergency. issues of morality which divide a coalition government of many parties and to settle A well-drafted constitution does not local matters which it is thought are best left concentrate all powers in a single person to individual to decide. The referendum is or a single institution as it may lead to seen as conferring legitimacy and popular abuse of power by few or one institution. approval on an individual and sanctions One method that may be incorporated absolute authority. to address this issue is to divide powers among different organs in a balanced way. Neither Indian Constitution nor the amendments made later were subjected to The Indian Constitution separates the a referendum, which could also be seen power horizontally amongst institutions as a setback in Indian democracy perhaps like the legislature, executive and the conditions prevailing at that time judiciary. Indian Constitution is not too were not conducive to a referendum. In rigid and not too flexible, which is evident this regard, it may be useful to study the from the restrictions and flexibility in the working of referendum in Switzerland. name of the basic structure of constitution and amending provisions respectively. A well-drafted constitution will maintain Provisions of a Constitution the core values and will also adapt itself An ideal Constitution should to changing environment. The Indian accommodate the aspirations of all sections Constitution balanced the possibility to of people in the society. Constitutions that not only change the provisions but also are discriminative based on religion, caste limits on such changes. The framers of the and language may not get overwhelming Indian Constitution had ensured that it acceptance from everyone in the nation. would survive during the test of times. ( 3 ( 12th_Political Science_Unit_1.indd 3 07/12/2022 12:39:10  Making of Indian Constitution 292 members while the princely states were to send a minimum of 93 seats. The members of Constituent Assembly drafted the Indian Constitution. The seats of each province The Constituent Assembly held its first were distributed among three main meeting on 9th December 1946 and re- communities, namely, the Hindus, assembled after partition of Pakistan as Muslims, and Sikhs, in proportion to their Constituent Assembly for the remaining respective populations in their province. India on 14th August 1947. The members of the Provincial Legislative Assemblies Members of each community in the indirectly elected the members of the Provisional Legislative Assembly elected Constitutent Assembly. their representatives by the method of proportional representation with a single The Constituent Assembly was transferable vote. composed of members along the lines suggested by the plan proposed by the Committee of the British Cabinet, also known as the Cabinet Mission. The method of selection of representatives of Princely States was to be determined by the princely states themselves. The Composition of the Constituent Assembly (February 1948: some members of the Two hundred eighty-four members Drafting Committee of the Constituent were present on 26th November 1949 Assembly of India: (seated from left) and appended their signature to the N. Madhava Rao, Saiyid Muhammad Constitution as finally passed. Saadulla, Dr. B. R. Ambedkar, Sir Alladi Krishnaswamy Ayyar and Sir B. N. Rao. Also in the Picture are (Standing from Left) S.N. Mukherjee. Jugal Kishore Khanna and Kewal Krishnan) According to this plan provinces and princely states or group of states were allotted seats proportional to their respective population roughly in the ratio Acharya Rajendra of 1:1 million. The provinces were to elect J.B.Kripalani Prasad ( 4 ( 12th_Political Science_Unit_1.indd 4 07/12/2022 12:39:10  The 1st meeting of the Constituent   primary sources that inspired the framers Assembly took place in Constitution of the Indian Constitution are: Hall, New Delhi, on Monday, the 9th December 1946, at Eleven of the Volume I (9th December to 23rd   Clock. The title of the first debate was December 1946) “Election of Temporary Chairman,” Volume II (20th January to 25th   Acharya J. B. Kripalani (United January 1947) Provinces: General) requesting Dr. Sachchidananda Sinha to take Volume III (28th April to 2nd May   the Chair as temporary Chairman. 1947) (Constituent Assembly Debates) Volume IV (14th July to 31nd July   1947)  The Final meeting was held on 24th Volume V (14th August to 30th   January 1950 with the title of “Signing August 1947) of the Constitution” and Dr. Rajendra Prasad was the Chairman of the debate. Volume VI (27th January 1948)   Volume VII (4th November 1948 to   The Constituent assembly debate   8th January 1949) consists of 12 Volume and it was held Volume VIII (16th May to 16th June   between 9th December 1946 to 24th 1949) January 1950 Volume IX (30th July to 18th   September 1949) 1.2 Sources of Indian Constitution Volume X (6th October to 17th   The Primary Sources of the Indian October 1949) Constitution are as follows: Volume XI (14th November to 26th   The framers of the Constitution November 1949) adopted the features of the Indian Volume XII (24th January, 1950)   Constitution from several sources. The Sources of Indian Constitution The Government of India Act, 1935: Federal provisions, office of Governor, judiciary, public service commissions, emergency provisions, and administrative details were adopted from the Government of India Act, 1935. Country Sources of the Constitution Parliamentary government, Single citizenship, Rule of law, Britain Cabinet system, Legislative procedure, Prerogative Writs. Fundamental Rights, Judicial Review, Independence of US Constitution Judiciary, Impeachment of the President, Removal of Supreme Court Judges, High Court Judges and Vice-President. ( 5 ( 12th_Political Science_Unit_1.indd 5 07/12/2022 12:39:10  Irish Constitution The Directive Principles of State Policy. Federation with a strong centre, Residuary powers with the Canadian centre, Concurrent list, The appointment of State Governors by Constitution the centre and Advisory jurisdiction of the Supreme Court. Australian Freedom of trade, Commerce, and The Joint Sitting of the two Constitution Houses of Parliament. Weimar Constitution Suspension of Fundamental Rights during Emergency. (Germany) Fundamental duties, the ideal of justice (social, economic and political) in the Preamble, were based on the model of the Soviet Constitution constitution of the USSR. (Fundamental duties were asserted through 42nd amendment in 1976) Republic, The ideals of Liberty, Equality, Fraternity in the French Constitution Preamble. South African Procedure for amendment to the Constitution, Election of the Constitution members of Rajya Sabha. 1.3 Salient Features of Indian A unique blend of rigidity and Constitution flexibility: Indian Constitution may be called rigid as well as flexible based on its Longest Written Constitution: The amending procedure. Indian Constitution is considered to be the longest written constitution in the world. It Sovereign, Socialist, Secular, contains different provisions for states and Democratic and Republic: Democracy centre and their inter-relationship. The in India means its people govern India framers of the Constitution have borrowed through their representatives elected by provisions from several sources and several the universal adult franchise. India as other Constitutions of the world. The Indian a sovereign country means it manages Constitution contains the detailed list of its internal and external affairs freely individual rights as fundamental rights, without the interference of any external directive principles of state policy and factors. The term socialist was added details of administrative procedures. to the Indian Constitution through the 42nd Amendment in 1976. In India, we follow the mixed model of the socialist and capitalist economy. Secularism in Indian context means that it recognizes all religions equally without having any state religion. Republic in the Indian context means the head of the state in India is elected and not the monarch. ( 6 ( 12th_Political Science_Unit_1.indd 6 07/12/2022 12:39:10  Parliamentary System of of application. The Bill allows the Central Government: Parliament controls the Government to relax the requirement of functioning of the Council of Ministers, twelve months stay or service if extraordinary and hence it is called the Parliamentary circumstances exist. system. In a parliamentary system of government, (i.e.) the executive Universal Adult Franchise: The is responsible to the legislature and universal adult franchise, which operates remains in power only when it enjoys the with the principle of ‘one person one vote.’ confidence of the majority legislators. All Indians who are eighteen years of age or above is entitled to vote in the elections. Single Citizenship: Indian There is no discrimination in voting rights Constitution has the provision for single for the citizens of India based on caste, citizenship provided by the union and religion, gender, race or status. recognized by all the states across India. Independent and Integrated Citizenship identifies those who Judicial System: In India, the judicial are the lawful members of a country. system is an autonomous organ kept free The Citizenship Act, 1955 regulates from the influence and intervention of the the determination and acquisition executive and the legislature in exercising of citizenship after the adoption of its functions. The integrated Indian the Indian Constitution. The Indian judicial system has the Supreme Court at Constitution provides for citizenship by the apex, the high courts and lower courts birth, descent, registration, naturalization are subordinate to it. and by incorporation of territory. The Constitution also provides for renunciation Fundamental Rights: and termination of citizenship under The Constitution of India asserts the certain circumstances. The Constitution basic principle that every individual is contains provisions regarding registration entitled to enjoy certain essential rights. of Overseas Citizens of India and their The provisions for Fundamental Rights rights. are mentioned in Part III of the Indian The Citizenship (Amendment) Constitution. Fundamental Rights are Bill, 2015 was introduced in Lok Sabha categorized into six heads; Firstly Right to on 27th February, 2015 that amends the Equality, Secondly Right to Freedom, Citizenship Act, 1955. Thirdly Right against Exploitation, Fourthly Right to Freedom of Religion, The Act allows a person to apply for Fifthly Cultural and Educational Rights citizenship by registration or naturalization and lastly Right to Constitutional if they fulfill specific qualifications. A person Remedies. Initially there was a provision may apply for a certificate of naturalization for Right to Property under Article-31 if they have resided in India or have which was also a Fundamental Right. The served the Government in India for twelve 44th Amendment Act, 1978 had omitted months immediately preceding the date Right to Property from the Fundamental ( 7 ( 12th_Political Science_Unit_1.indd 7 07/12/2022 12:39:10  Rights Part and added it as Article 300A Constitution of India to provide free and and therefore is considered as a legal right. compulsory education to all children in the age group of six to fourteen years as a Fundamental Right in such a manner Centre State as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and EQUAL standards.” Fundamental Duties: The R I GH T S Fundamental Duties were added to the Indian Constitution through the 42nd Amendment. Part IVA of Indian Constitution defines the Fundamental duties. (51A) - It shall be the duty of every All human beings are born free and equal. citizen of India - -  Universal Declaration of Human Rights(1948) (a)  To abide by the Constitution and Fundamental rights provided in Part respect its ideals and institutions, III of the Indian Constitution are judicially the National Flag and the National enforceable, thereby the individual can Anthem; move the judiciary, if there is a violation (b) To cherish and follow the noble ideals on any of these rights. The right to move which inspired our national struggle straight to the Supreme Court for the for freedom; enforcement of fundamental rights has (c) To uphold and protect the sovereignty, been guaranteed under Article 32 that is unity, and integrity of India; named as Right to Constitutional Remedies. (d) To defend the country and render Fundamental rights in India are, however, national service when called upon not absolute and rational restrictions can to do so; be imposed keeping in view of the security requirements of the state. It ensures (e) To promote harmony and the spirit of political justice for the people. universal brotherhood amongst all the people of India transcending religious, “Right to Education -The Indian linguistic and regional or sectional Constitution (Eighty - Sixth Amendment) diversities; to renounce practices Act, 2002 inserted Article 21-A in the derogatory to the dignity of women; ( 8 ( 12th_Political Science_Unit_1.indd 8 07/12/2022 12:39:11  (f) To value and preserve the rich heritage Supreme Court under Article 145, the of our composite culture; Supreme Court has the power to review any judgment pronounced or made by (g)  To protect and improve the natural it. The independent judiciary in India environment including forests, lakes, with the power of judicial review is a rivers, and wildlife, and to have prominent feature of our constitution. The compassion for living creatures; harmonization which our Constitution (h)  to develop the scientific temper, has effected between Parliamentary humanism and the spirit of inquiry Sovereignty and a written Constitution and reform; with a provision for Judicial Review is a remarkable achievement of the framers of (i) To safeguard public property and to our Constitution. abjure violence; Directive Principles of State Policy: (j)  To strive towards excellence in all spheres of individual and collective One of the unique provisions of activity so that the nation constantly the Indian Constitution is the Directive rises to higher levels of endeavour and Principles of State Policy. These principles achievement; are like directives to the government to (k) Who is a parent or guardian to provide implement them for establishing social opportunities for education to his child and economic justice in India. or, as the case may be, ward between It comprises significant provisions the age of six and fourteen years. for equal pay for both men and women, Federal or Unitary: India is an free and compulsory primary education, indestructible Union with destructible and right to work. Part IV of the Indian states which means it acquires a unitary Constitution also has provision for character during the time of emergency. public assistance in case of old age, The Union is not strictly a federal polity unemployment, sickness and disablement, but a quasi-federal polity with some the organisation of village Panchayats, vital elements of unitariness. Though adequate means to livelihood, special federal in form, the Indian Constitution, privilege to the economically backward unlike other federal Constitutions, is sections of the people and distribution both unitary as well as federal according of wealth. Most of these principles could to the requirements of the times and the help in making India a welfare state. circumstances. Though the provisions given in the Balancing Parliamentary Directive Principles of State Policy is not Supremacy with Judicial Review: Subject justifiable, these principles are considered to the provisions of any law made by very significant in the governance of the Parliament or any rules made by the country. ( 9 ( 12th_Political Science_Unit_1.indd 9 07/12/2022 12:39:11  Activity Name some countries which have the Parliamentary system of Government and Presidential form of Government. Parliamentary form of Government Presidential form of Government India United States of America 1.4 Parliamentary Democracy in represents the units, the Lower House India. represents the people; the two Houses respectively functions to preserve the Under Article 79, the Parliament of integrity of the units and to secure the the Union consists of the President and two integration of the Union. The Rules of Houses known respectively as the Council Procedure and Conduct of Business in of States (Rajya Sabha) and the House Rajya Sabha is the booklet that provides of the People (Lok Sabha). The Union explicit conduct of its members. There are Legislature is bicameral, and the need for various discussions namely: half an hour a bicameral system of the legislature in a discussion, short duration discussion and federation is admitted: the Upper House motions of matters in public interests. Important Debate Quotable uote 1st August 2014: Use of Tamil as court “India, that is Bharat, shall be a language in Tamil Nadu Union of States. Article 1(1)” Constructive debates in Tamil Nadu The first Assembly (1952-1957) under State legislative Assemblys the constitution of India discussed the scheme of elementary education launched by the Rajaji Government and criticized by many including a few in the Congress party that it would perpetuate caste-based social hierarchy. After Kamaraj succeeded him, Education Minister C. Subramaniam in May 1954 informed the House that the C. Rajaji C. Subramaniam scheme would be dropped. The Rajaji days are remembered for landmark laws to protect tenants of farmlands and landless agriculturists. “Premier of Madras Presidency, Kamaraj C. Rajaji presenting his first budget in 1937. ( 10 ( 12th_Political Science_Unit_1.indd 10 07/12/2022 12:39:12  Location is Madras Legislative Assembly, within the quota of Backward Classes and Senate House, Chepauk Campus of Madras Arundathiyars within the reservation of University, Date 1937” Scheduled Castes. In 1967, the Dravida Munnetra The 10-year-long rule (1977- Kazhagam came to power with 1987) of the Government, headed by C.N. Annadurai as Chief Minister. The M.G. Ramachandran of the All India Hindu Marriage Act was amended to Anna Dravida Munnetra Kazhagam, was recognize “self-respect marriages” or those noted for various measures in the area marriages free of religious rituals. His of revenue administration. Notably, the successor and five-time Chief Minister, M. system of hereditary village officers such Karunanidhi, piloted several Bills and moved as “karnam” was abolished at one stroke. numerous motions. In his last bill (2006- He upgraded the mid-day meal scheme 2011), reservation were made for Muslims into Nutritious Meal Scheme. Tamil Nadu Legislative Assembly Tamil   Nadu Legislative Assembly consists of 234 elected Members from 189 General and 45 Reserved Constituencies. The First Madras Legislative   Assembly session was held on 3rd of May 1952, constituted after the General Elections in 1952. Under Article 333 of the Constitution of India, the Governor nominates one Member   representing from Anglo-Indian Community. The Fifteenth Tamil Nadu Legislative Assembly was constituted on the 21st May 2016   after the general election to the Tamil Nadu Legislative Assembly on the 16th May 2016. Public Accounts Committee  The Chairperson of the Public Accounts Committee is appointed by the Speaker from amongst its Members of Lok Sabha. The Speaker, for the first time, appointed a Member of the Opposition as the Chairperson of the Committee for 1967-68.  Since the Committee became a Parliamentary Committee under the control of the Speaker from January 1950, it has presented 1596 Reports till April 2018. ( 11 ( 12th_Political Science_Unit_1.indd 11 07/12/2022 12:39:12  After the Supreme Court delivered the state from Madras to Tamil Nadu. He the Mandal Commission judgment started his hunger strike on 27th July on in November 1992 for reservation in 1956 in Virudhunagar for 12 demands. education and employment at 50 percent, Despite the request of C.N.Annadurai, the Assembly responded through M.P Sivaganam, and Jeevanandham, he legislation aimed at safeguarding the continued to fast and died on the 76th day existing 69 percent quota for Backward on 13th October 1956. Classes, Most Backward Classes, Scheduled Castes, and Scheduled Tribes. Tamil Nadu Sankarlinganar  Thiyagi Sankaralinganar observed fasting for 76 days from Sankarlinganar 27.07.1956 to 10.10.1956, for is a Tamil Indian the name conversion of Chennai Independence activist Presidency as “Tamizhagam.” and Gandhian. He was The State of Madras changed the   born in Manmalai name as State of Tamil Nadu on 14th Medu in Virudhunagar Sankarlinganar District January 1969. to Karuppasamy and Valliammal in 1895. He  He was the only person in Indian joined the Indian National Congress in History to end his life by observing 1917. He also participated in the Salt fast for many days in Gandhiyan March in 1930 along with Gandhi under Way. Rajaji’s influence. The consequence of Potti Sreeramalu fast demanding for a Select Committee separate state of Telugu from Madras state for Telugu speaking people and Madras The Select Committee is made up of city to be its capital in 1952 led to new a small number of parliamentary members agitation in Madras state in need to change appointed to deal with particular aspects its name. originating in the Westminster System of parliamentary democracy. Under Rule 125 of the Rajya Sabha Rules and Procedures, any member may move a bill which is referred to a select committee and, when the motion is admitted, the bill shall be referred to such a committee. The quorum needs to be one-third of M.P Sivaganam Jeevanandham the total number of members of the In 1956, Sankarlinganar started to committee. In case of a tie on any matter, fast on demand for change in the name of the chairman (or any other person ( 12 ( 12th_Political Science_Unit_1.indd 12 07/12/2022 12:39:12  presiding) will cast his vote. The select Glossary committee may appoint a sub-committee to examine any particular points  Act : A Bill passed by both Houses of connected with the bill. If any doubt arises Parliament and assented by the President. on any aspect of the procedure the  C lauses : A series of numbered chairman may refer the point to the Rajya paragraphs into which a Bill is divided. Sabha Chairman, whose decision will be  Motion : A formal proposal made to final. the House by a member that the House does something, order something to be Important joint sittings done or express an opinion with regard 6 and 9 May 1961 on Dowry   to some matter, and is so phrased that, Prohibition Bill, 1959. if adopted, it will purport to express 26 March 2002 on Prevention of   the judgment or will of the House. Terrorism Bill, 2002.  Oath or affirmation : A solemn statement in the name of God or an affirmation made Whenever a bill passed by one by the member of a Legislature before he house is rejected by another house or any takes his seat in the House affirming his disagreement or more than six months allegiance to the Constitution and his has elapsed, the President of India may resolve to uphold the sovereignty and call a joint sitting of the two Houses to integrity of the country. resolve the deadlock. The bill will be  Resolution : The formal expression passed in both Houses by a majority of the of the opinion of the legislative body total number of members of both Houses with reference to some subject or present and voting. There is no provision a declaration of its intention to do in the Indian Constitution for a joint something. sitting of both houses on a money bill or a  Standing Committee : Committee Constitution Amendment Bill. constituted by election by the House or nomination by the Chairman every First Prime Minister of India Quotable uote year or from time to time which are permanent in nature. “Each House has full authority to  State : It includes the Government regulate its procedure within the limits and Parliament of India and the of the Constitution. Neither House, Government and the Legislature of by itself, constitutes Parliament. It is each of the States and all local or the two Houses together that are the other authorities within the territory Parliament of India. The successful of India or under the control of the working of our Constitution, as of any Government of India democratic structure, demands the  Composition of Parliament : There shall closest cooperation between the two be a Parliament for the Union which shall Houses.” consist of the President and two Houses - Pandit Jawaharlal Nehru to be known respectively as the Council of States and the House of the People. ( 13 ( 12th_Political Science_Unit_1.indd 13 07/12/2022 12:39:12