Indian Constitution

Indian Constitution

Constitutional History

 Parliamentary control over East Indian Company began with the Regulation Act, 1773. Written Con¬stitution prepared first time for the company along with the establishment of a Supreme Court in Calcutta.
 The Amendment Act of 1781 au¬thorized the Calcutta Government to make law for Bengal, Orissa and Bihar, with a directive to lay stress on the respect of socio religious customs of Indians in the process of law making.
 Fox Ministry resigned due to fail¬ure of Fox Indian Bill 1783 for the first time the resignation of a Brit¬ish Cabinet on an Indian issue.
 The Pitts Indian Act empowered the Governor General and the Board of Control to superintend direct and control all operations of the Civil and military Govt. of the British Possessions in India.
 Through the Charter Act of 1813 Indian trade was thrown open to all. British merchants but trade in tea and trade with China were still exclusive to the company.
 The Charter Act of 1833 cancelled the Company’s rights to trade in tea and trade with China. The Governor General of Bengal was henceforth to be styled as the Governor-General in council.
 The Charter Act of 1853 took a decisive step in separating the legislative machinery from the execu¬tive. This was the last charter Act of British India.
 Indian Council Act of 1861 brought about the beginning of the representative institutions. For the first time Indians were, associated with the work of legislation.
 The Indian Council Act, 1892 in¬troduced the election system partially.
 The introduction of Separate Electorate was the basic fault of the Indian Council Act, 1909 or Morley Minto Reforms.
 The Government of India Act 1919 introduced a system of Dyarchy in the provinces. The provincial matters were divided into ‘reserved’ and ‘transferred’
 The Government of India Act, 1935 provided for the establishment of an All India Federation. Under this Act Union Bank and Federal Court were respectively established in 1935 and 1937.
 16 August 1946 was declared as the Direct Action Day by the Muslim league
 The Cabinet Mission of 1946 consisted of three members A.V. Alexander, Patrice Lawrence and Sir Stafford Cripps
 The Indian Independence Act was presented in the British parliament on July, 1947 which attained Royal consent on July 18, 1947.

The Preamble

 The preamble makes clear that the source of the constitution is the people of India.
 The preamble helps where the lan¬guage of the constitution is vague.
 The words ‘Socialist’, ‘secular’ and the ‘Unity and integrity’ of the na¬tion were added by the 42nd Amendment Act of 1976.
 The Supreme Court expressed the view that ‘the Preamble is the key to its makers’.
 Justice Madholkar said in Sajjan Sirigh vs. Rajasthan State case that the preamble is the sum and sub¬ stance of the Constitution.
 In the Golaknath vs. Punjab State case, Justice Hidaytullah remarked that the preamble is the synopsis of those principles on which the government has to work upon.
 The objective of the constitution is to secure Justice, Liberty, Equality and Fraternity for every Citizen.

Members of the drafting committee

1. Dr. B.R. Ambedlkar – Chairperson
2. Alladi Krishna Swami Ayyar
3. K.W. Munshi
4. KG.S. Ayangar
5. Md. Sadullah
6. N. Madhav Rao (ln place of B.L. Mitra)
7. D.P. Khetan (T. Krishnamachari after Khetan’s death in 1948)

Making of the constitution

 Constituent Assembly was formed according to the proposals of the Cabinet Mission.
 The idea of a constituent Assem¬bly was propounded by M.N. Roy.
 Election was held in November 1946 to form a constituent Assem¬bly when there were 389 mem¬bers. The reorganised constituent Assembly had 299 members.
 The first sitting of the constituent Assembly was held on 9 December 1946 with its pro speaker Dr. Sachchidanand Sinha, Dr. Rajendra Prasad bacame the permanent speaker after two days.
 The process of making the constitution began on 13 December 1946 with the introduction of an “Objective proposal” by J.L. Nehru.
 B.N. Rao was appointed the constitutional Advisor of the Assembly.
 29th August, 1947, it set up the Drafting Committee under the chairmanship of Dr. B.R. Ambedkar.
 The draft of the Constitution was conferred to the Assembly on 8th February 1948.
 The constituent assembly next met in November 1948 and the whole work was October 17 October, 1949.
 The coping stone was placed on 26 November, 1949 when the Preamble was adopted to complete the structure of the Basic Law of the land.
 A The President of the Assembly Dr Rajendra Prasad placed his signatures and declared it as finally passed.
 Some of the provisions as those relating to citizenship, elections, provisional Parliament, temporary and transitional provisions were given immediate effect.
 The constituent miserably turned into Interim parliament on 26 January, 1950 with the appointment of Dr. Rajendra Prasad as the president of the Union.
 It took 2 years 11 months and 18 days to finish the whole work.
 There were 395 articles and 8 schedules in the constitution when it was finally passed.
 At present it consists 448 Articles in 25 parts, 12 schedules, 5 appendices and 98 amendments
 The constitution of India is the largest written constitution of the worlds.
 The first sitting of the constituent assembly was boycotted by Muslim league.

Indian Union

 Article 1 says: India, that is Bharat, shall be a Union of ‘States. The states and Territories there of shall be specified in the first schedule.
 The Territory of India shall comprise (a) the territories of the states, (b) the Union Territories and (c) such other territories as may be acquired.
 The Fazl Ali or States Reorganization Commission Submitted its report in 1955 and the Act came into force in 1956.
 At present there are 28 states and 7 Union Territories in India.
 As per Article merit may by law admit into the union or establish new states on such terms and conditions as it thinks.
 Under Art 3, the parliament is empowered to form a new stat by separation of territory from any state of by merging two or more states or part of states or by uniting any territory to a part of any state.
 The Parliament can increase or diminish the area of any state or to alter the boundaries or names of any state.
 A Bill, giving’ effect to any or all I the changes, can be introduced in either House of the Parliament only on the recommendation of the President.
 The President, before introducing . it in the Parliament, shall refer the Bill to the State Legislature concerned for its opinion must be expressed by the State Legislature.
 The President is not bound to accept or act upon the views of the state legislature.
 Any change concerning the name and the boundary of the State Jammu and Kashmir can be created by its state legislature.
 The parliament has the rights only to organise the new states or to create the boundaries or names of existing states.
 Meanwhile the making of the new states and their entrance has been mentioned in the constitution but there is no provision for separation of state areas. So the ninth amendment of the constitution had been done for mergence of Rubari State area into Pakistan.
 At the time of Independence there were nine British provinces and 542 princely States in India.
 V.B. patel is known as “Bismark of India” because the integration of the princely states had been done by S.V.B. Patel.
 In 1912 the reorganisation of the States had been done on Linguistic basis, when Bihzkr, Orissa and Assam were created. On the linguistic basis Andhra Pradesh was the first state ‘in Independent India.
 By the means of 7th amendment of the constitution in 1956 the four categories of the States ended.
 In the year 1956, the states were reorganized by state Reorganisation Act. According to this there were 14 states and 5 union Territories, at that time.
 In 1956 the 6th union territory pondicherry was formed by merg¬ing French areas.  In 1961 Goa, Daman and Diu became 7th union territory.
 In 1987 Goa was converted, into full fledged state.
 At present there are 28 state and 7 union territories in Indian Union.
 There is no freedom for separation of units of Indian Union from the Union.


There is provision for single ‘ citi¬zenship in India. On the other hand, there is provision for double citizen¬ship in America and Switzerland. In these Countries a person can acquire citizenship through birth place, (state) as well as national citizenship. But there is single citizenship in India even for people from different states. In Indian Constitution, citizenship is mentioned from article 5 to article 11 under section 2. Under article 11 Indian parliaments can change citizen¬ship rules whenever it will be neces¬sary. By this power, parliament passed the Citizenship Act 1955 in this Act many amendments have been done in the year 1986 and 1992. There is provision for acquisition and termination of citizenship in this act.

Fundamental Duties

Originally there was no description of fundamental duties in the constitution. The 42nd Constitution amendment act has inserted part IV A with Art. 51A having a set of fundamental duties.
There are 10 fundamental duties which have been mentioned in Indian constitution. According to which, it shall be the duty of every citizen of India
(i) To obey the rules of the constitution and respect its ideals, institution and the National anthem and the national flag.
(ii) To cherish and follow the noble ideals which inspired our national struggle for freedom.
(iii) To protect the Sovereignty, unity and integrity.
(iv) To defend the country and render national service when called upon to do so.
(v) To boost harmony and the spirit of common brotherhood amongst all the people of India transcending religious linguistic and regional or sectional diversities.
(vi) To value and preserve the rich heritage of our composite culture.
(vii) To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have love for living things.
(viii) To develop the scientific temper, humanism and the spirit of inquiry and reform.
(ix) To safeguard public property and to abjure violence.
(x) To strive for excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of’ endeavour and achievement.

The directive Principles of State Policy

The directive principles of state policy has been mentioned under part IV of the constitution. Article 37 says that the directive principles are fundamental in the governance of the country and it will be the duty of the state of apply these principles in making laws.

Art. 38 : The state will strive to promote, the welfare of the People and complete development of the social system.
Art. 39 : The state will, in particular direct its policy toward securing.

(i) the men and the women equally have the right to earn their money for life.
(ii) that the ownership in& control of the material resources of the community are so distributed 4s best to subserve the common goods.
(iii) that the operation of the economic, system does not result In the con-centration of wealth to the common detriment.
(iv) that there is equal pay for equal work for both men and women.
(v) that the health and strength of workers, men and women and, the tender age of children I are not abused.

Art. 40 : The state shall take steps to organise village panchayats as a unit of self government.
Art. 41 : The state will: within the limits of its economic capacity and development, make effective provision for securing the right to work, to edu¬cation and to public assistance in cases of unemployment, old age, sickness and disablement.
Art. 42 : The state will make pro¬visions for securing just and humane conditions of work and for maternity relief.
Art. 43 : The state will endeavour to secure to all workers, agricultural, industrial or otherwise, work, a living wage and the state will responsible to promote cottage industries.
Art. 44 : The state will try to se¬cure for the citizens a uniform civil code throughout the territory of India.
Art. 45 :The state will erideavour to provide, within a period of 10 years from the Commencement of this constitution free and compulsory education for all children until they complete the age of fourteen years.
Art. 46 : The state shall promote with special care for the, educational and economic interests of the weaker sections of the people in particular of the scheduled castes and the scheduled tribes.
Art. 47 : The state will regulate the raising I of the level of the nutrition and the standard off living of its people and the sate will endeavor to bring about prohibition of drinks and of drugs which are injurious to health.
Art..48 : The state will enddavour to protect and improve the environment and to safeguard the foresis and wildlife of the country.
Art. 49 : State will protect ever historical monument or place of object of artistic nature.
Art. 50 : The state will separate the judiciary from the executive in the public services of the state.
Art. 51 : The state will endeavour to

  • promote international peace and security.
  • maintain honourable relation is between nations.
  • respect for international law and people with one another
  • encourage settlement of international disputes by arbitration.

Directive Principles add & after 42th Amendment (1976)

Art. 39 (B) The children should be educated in fresh and prestigious environment.
Art. 39 (A): The legal system promotes justice on a basis of equal opportunity and will in particular provide free legal aid by suitable legislation
Art. 43 (A): To secure the participation ¬of workers in the management of undertaking engaged in any industry
Art. 48 (A): To protect the environment and to safeguard the forests and wildlife of the country.

Directive Principles added after 44th Amendment (1978)

Art. 39 (B) : The state shall, in particular strive to minimise the inequalities in income and endeavour to eliminate inequalities in status facilities and opportunities not only amongst groups of people residing in different areas.

Directive Principles mentioned in other part of the constitution:-

Art. 350: It is duty of the officers of concern states to provide primary education in mother tongue to the people of minorities particularly to the children of minorities class.
Art. 351: It will be duty of the union to spread Hindi language amongst the people of India which will develop our cultural and social element.