Political Science-IV

COLONIALISM
• What does colonialism mean ?
• Is it merely the political control by one
country or another, or does it indicate a
process of economic subordination of one
country to an another?
• One view represented by a large number of sociologists,
political scientists and economists is that colonial society
was basically a traditional society or, in other words
colonialism retained basic socio-economic elements and
structures of pre-colonial ' society. Post-colonial societies
then begin the task of modernization from a traditional
'socio-economic structure.
• Many others see colonialism as representing a transitional
society, that is, a society which was being transformed
economically, socially and politically from a traditional, pre-
colonial society into a modern capitalist society. Many
writers see colonialism as nothing more than political
domination or foreign political rule.
 Nature of Colonialism
• Colonialism produced a society which was neither capitalist
as in Britain nor was it pre-colonial or pre-capitalist. Thus,
for example, India under British rule neither resembled
capitalist Britain nor was it basically similar to Mughal India.
The development of agrarian relations in the colonies- in
India, or Egypt, or Indonesia makes this aspect quite clear.
For example, landlordism in both zamindari and ryotwari
areas of British India was something new; it did not exist in
Mughal India. It was the creation of British rule. It was the
result of the colonial rulers' efforts to transform Indian
agriculture. Indian agriculture was not capitalist but it had
many capitalist elements; for example, property relations
were capitalist; land was now a private property which was
freely bought and sold on a large scale.
 Impact on Colony
Basic to colonialism are two features:
i). One is the complete subordination of the
colony to the needs of the metropolis or the
imperialist power and,
ii) Second is economic exploitation of the colony
or the appropriation of the colony's economic
surplus by the metropolis
 STAGES OF COLONIALISM
Colonialism may be divided into three distinct
stages which were related to distinct forms of
exploitation or surplus appropriation.
First Stage:-
This is described as the Period of Monopoly Trade
and Direct Appropriation (or the Period of East India
Company's Domination, 1757-1813). During the last
half of the 18th century, India was conquered by a
monopoly trading corporation - the East India
Company.
• The Company had two basic objectives at this
stage.
• i) The First was to acquire a monopoly of trade
with India.
• ii) The second major objective of colonialism
at this stage was to directly appropriate or
take over governmental revenues through
control over state power.
 Second Stage
• This was a period of exploitation through trade and is also termed
as Colonialism of Free Trade during the 19th century. Immediately
after the East India company became the ruler over most parts of
India, an intense struggle broke out in Britain to determine whose
interests would the newly acquired colony serve. Britain was after
1750 undergoing the Industrial Revolution. The newly developing
industrial capitalists began to attack the East India Company and
the forms of its exploitation of India. They demanded that colonial
administration and policy in India should now serve their interests
which were very different from those of the East India Company.
They did not gain much from a monopoly trade in Indian products
or from the Company's control over Indian revenues. They wanted
India to serve as a market for their ever-increasing output of
manufactured goods, especially textiles. They also needed from
India exports of raw materials, especially cotton, and foodgrains.
 Third Stage
• This is described as the Era of Foreign Investments and
International Competition for Colonies. A new stage of colonialism
was ushered in India from about 1860s. This was the result of
several major changes in the world economy:
• i) Spread of industrialization to several countries of Europe, the
United States and Japan with the result that Britain's industrial
supremacy in the world came to an end.
• ii) There was intensification of industrialization as result of the
application of scientific knowledge to industry. Modern chemical
industries, the use of petroleum as fuel for the internal combustion
engine and the use of electricity for industrial purposes developed
during this period.
• iii) There was further unification of the world market because of
revolution in the means of international transport.
 EFFECTS OF COLONIALISM
• The destruction of traditional Indian industries
was one of the earliest consequences of
colonialism to be noticed and documented in
this country. While it was evidently connected
with the growth of modem factory industry in
England, the beginning of the process of
destruction of Indian cottage industries lay
further back, in the 18th century, when the
products of Indian industries were still prized
as valuable items of commerce.
 Impact of Commercialization on Rural
Society
• Commercialization of agriculture paved the way for the
generation of usury and merchant capital in rural
society and widened the levels of differentiation
among the peasantry. The common cultivator's
dependence on the village bania for advance of credit.
for the marketing of his crop, for loans during lean
seasons for subsistence increased as commercialization
progressed. In the payment of land revenue also the
money lender-cum-trader played an important role in
supplying cash. Finally, the village bania was also an
agent for the penetration of the rural market by the
imported industrial consumer goods, particularly
Manchester cloth.
 Nationalism
• The rise of national consciousness in the nineteenth
century was essentially the result of the British rule.
The economic, political and social changes brought
about by the British rule resulted in the oppression of
all classes of Indian people giving rise to a wide spread
dissatisfaction among the masses. Moreover, the
uniform system of administration, development of post
and telegraph, railways, printing press and educational
institutions created by the British primarily as
measures for running an effective administration also
became instrumental in providing favourable
conditions for the rise and growth of national
movement.
 RUIN OF INDIAN ECONOMY
• The British agrarian policy was mainly aimed at drawing out
maximum land revenue. In the Permanent Settlement areas the
land revenue was fixed for the Zamindam (to be paid to the State).
The Zamindars kept charging more from the peasants than what
they had to pay to the State. Most of the time the peasants had to
borrow money from money lenders. The money lenders charged
exorbitant rate of interest for the money they lent to the peasants.
As you can yourself imagine, whenever the peasants tried to resist
the exploitation by landlords and money lenders, the official
machinery helped the latter. A large number of cash crops (like
indigo, cotton, sugarcane) were taken by the British on dictated
prices to be used as raw materials. Cotton and indigo cultivators
were the worst affected. As a result of the British land revenue
policy large number of peasants were reduced to landless laborers.
The number of landless laborers was as high as 20% of the
population.
 FACTORS CONTRIBUTING TO
NATIONAL CONSCIOUSNESS
• Unified System of Administration:-
For a better exploitation of the Indian resources
the British brought large parts of the country
under a uniform system of administration. Land
revenue administration, police, law and order
machinery and judicial system were some of the
important measures adopted for bringing about
this uniformity in administration.
• Communication Network Post and telegraph:-
Services were extended and improved. The major
towns were linked with telegraph. After 1853, work
on Railway lines was started. The plan was to link
the presidencies with each other and the hinterland
with major ports. The main advantage of Railways
for the British was a cheap mode of transport to
carry goods to ports and back. But once the railway
network developed, passenger traffic also
increased, and people living at distant places got
new opportunity to interact with one another.
• Printing Press:-
• The introduction of the printing press made
the transmission of ideas and learning less
expensive. A number of newspapers and
periodicals started appearing.
• New Education System:-
• The British introduced a new system of
education which was mainly derived from the
West - both in form and content. The main
idea behind this system was to create a loyal
section of Indians who would effectively carry
out clerical and lower administrative tasks for
the British.
 Brief Study of History of Courts
• The history of the legal system in British India
opens with the establishment of the East India
Company.
• Administration of Justice in all the three
presidencies were different i.e.- Madras, Bombay
and Calcutta.
• Merchants were appointed as Judges in the
company courts.
• Not Law knowing persons
• From 1600 to 1773 company courts were
dominated.
 Regulating Act, 1773
• Regulating Act, 1773
Objectives :-
1. To bring the management of the company under the
control of the British Parliament and the British
Crown
2. To introduce reforms in the Constitution of the
Company at home(England)
3. To introduce reforms in the company’s Government in
India
4. To Prove remedies against the illegalities and
oppression committee by the company’s servant in
India.
 Provisions of Regulating Act
• Constitution of Company:-
The term of Directors was increased from one year to for
years, one fourth of he directors were to be retire every
year and in their place other members were to be
elected.
Voting Rights:- Those who has share of less than 1000
had no voting rights.
1000 pounds –one vote
3000 pounds- two votes
6000 pounds- three votes
10000 pounds- Four Votes
• Besides, in order to make the control of the British Government over the
company, board of directors had to place all the revenue matters before
Treasury in England, and all civil and military affairs with the Indian
authorities before the Secretary of the State in England.
• Executive authority(Governor General and council):- As regards the
Government and council, a new Government under the Governor General
and council of four members were establishment.
• Thus Governor General of Bengal was designated as the Governor General
of Bengal.
• The presidencies of Bombay and Madras were brought under the control
and superintendence of the Governor General and council in matter of
war and peace.
• Imminent necessity:- The presidencies of Bombay and Madras could
commence war or make treaty of peace or other treaty without
permission of Governor general in case of imminent necessity.
• Legislative Authority:-
The Governor-General and council were
empowered to make rules and regulations and
issue ordinance for the good governance of the
settlement of Fort Williams and the factories
subordinate to it.
• Judicial Authority:-
The regulating Act empowered the British
Crown to establish a supreme court at Calcutta
by issuing a charter.
 Supreme Court at Calcutta
Charter of 1774
• The SC established under the Charter of 1774
consisted of a CJ and three Puisne Judges.
• The SC was a court of records.
• It was conferred civil, criminal, admiralty
Jurisdiction.
• All the other courts were put under the
control of SC, and for this SC could have issued
writs.
 Good Features of the Regulating Act,
1773 and charter of 1774
• The constitution of the company was improved
by the Regulating Act. The term of directors were
increased from one to four years.
• The Governor-General and the council presidency
constituted the central executing authority.
• The control of the British Government over the
company was tightened and made more
effective.
• The SC was empowered to administer common
law and justice.
 Defects:
• Uncertainty as to the relation between the
Governor General and his council of the
calcutta presidency and the Governor and
their councils of other presidencies
• Uncertainty and confusion as to the
jurisdiction, power and position of SC with
relation with Governor- General-in-Council
and Company’s Adalat
• Trial of Raja Nand Kumar
 Act of Settlement,1781
• Provisions of Act:-
Restrictions on the jurisdiction of the Supreme
Court
The Act of Settlement virtually restricted the
jurisdiction of SC only to the town of Caclutta
Power to frame regulations for the provinces:-
The Governor- General-in-council were also
empowered to frame rules and regulations for
the provincial courts and Provincial Council.
 Indian Councils Act,1861
• The Regulating Act, 1773 introduced the process
of centralization.
• Governor General-in-council of Bengal was having
more power than Governor General. (Process of
Centralization), but it created difficulty, so Indian
Council Act, 1861 was enacted.
• The Act started the process of decentralization.
• The revolution of 1857, opened the eyes of
Indians and they realized the importance of
Indians in the administrations.
 Provisions:-
• It made a beginning of representative institutions by associating Indians with law-
making
• Viceroy nominated some Indians as non-official members of his expanded council
– Lord Canning nominated- Raja of Benaras, the maharaja of Patiala and Sir Dinkar Rao
• Restored legislative making powers of Bombay and Madras
• Establishment of new Legislative councils for Bengal, North-Western Frontier
Province and Punjab
• Viceroy could make provisions for convenient transactions of business in the
council.
• It gave recognition to the ‘portfolio system’ of Lord Canning
• Ordinances could be issued by the Viceroy without the concurrence of the
council during an emergency. However, the life of such an ordinance was six
months.
(Most Important )
• Provincial Executive and Provincial Legislature (Power Conferred to Governor)
• Central Executive and Central Legislature (Central Legislature)
• Drawbacks of the Act:
• The biggest drawback of the Act was regarding
the selection and the role of the Additional Members.
• These members did not take part in the discussions
and their role was only advisory.
• The non-official members of the Executive Council
were not interested in attending the meetings of the
Council, moreover, under this Act they were not
bound to attend them either.
• The Indian members were not eligible to oppose any
bill and most often the bills were passed in one sitting
without discussion.
 THE INDIAN COUNCILS ACT, 1892
Need for Constitutional Changes:-
From the point of view of the Govt. the Act of
1861 worked satisfactorily. But the period -
which followed saw a remarkable growth of
national consciousness in India. A feeling rapidly
developed that the people inhabiting the
country had common interests, aspirations and
destiny.
• The Indian Councils Act of 1892 was an amending Act.
Consequently the basic constitutional provisions remained the
same as under the Act of 1861. MainIy two types of changes were
introduced:
• i) Changes in the composition of legislative bodies
• ii) Enlargement of functions
• The number of Additional Members of the Central Executive
Council was increased to not less than ten nor more than sixteen of
whom, as under the Act of 1861, not less than half were to be non-
officials. There was some hope that elections might be introduced.
But ultimately the Governor-General was empowered to invite
different bodies in India to elect, select or delegate their
representatives and to make regulations for their nomination.
• So far as the functions were concerned, besides discussing
legislative proposals, the members were allowed to discuss the
annual Financial Statement presented by the Govt. However, the
Financial Statement was presented as an unalterable document.
Members could only present their observations which could have
influence on the budget in subsequent years, not on the budget of
the year under consideration. In the case of provinces the
discussion was limited to those branches of revenue and
expenditure which were under the control of Provincial
Governments. The members were also allowed to put questions on
internal matters. Supplementary questions were not allowed. In
spite of this limitation it was a significant innovation because even
in the British House of Commons till that time Question Hour had
not fully evolved.
 MORLEY-MINT0 REFORMS
(Indian Council Act, 1909)
• Some of the Moderate leaders, especially in Bengal, came out openly in
support of the boycott and Swadeshi programme of the Extremists. But
they soon retreated and returned to the method of appeals and petitions.
They wanted the government to make some liberal gesture.
• In his presidential address at the Congress session held at Benaras in 1905
G.K. Gokhale said: 'The goal of the Congress is that India should be
governed in the interests of the Indians themselves'. Among the
immediate demands he emphasized reform of Legislative Councils and
appointment of at least three Indians to the Secretary of State's Council.
The Moderate leaders became more hopeful- when at the end of 1905 the
Liberals came to power in Britian and John Morley, a man known for his
liberal views, became the Secretary of State for India. A little earlier a
conservative, Lord Minto had succeeded Curzon as Governor-General. The
names of Morley and Minto became associated with the changes
introduced under the.Indian Councils Act of 1909 which, together with
some other changes, became known as Morley-Minto Reforms
 Changes in the Composition of
Legislative Bodies
• This Act increased the strength of the Central as well as
Provincial Councils. The number of additional members
in the Central Council was increased to sixty while the
number of additional members in Provincial Councils
was to be between thirty and fifty.
• Separate seats for the Muslims were given in this Act.
• The aim of the Government in giving preferential
treatment to the Muslims was not to correct
imbalances in Indian society but to bind some Muslim
leaders to the Government with 'silken chains of
gratitude'.
 Changes in Functions
• The Act did not make any alteration in the legislative powers of these
Councils. It simply extended their functions. The members of the
Legislative Councils were given the right to move resolutions on matters of
general public interest subject to certain limitations. These resolutions
were to be in the form of recommendations to the Government which the
latter might or might not adopt. Elaborate rules were laid down for
discussing the financial Statement presented in the house by the Finance
member. Opportunity for discussing the statement and moving resolutions
was given before the budget in its final form was presented. The right to
ask questions was extended by giving the member, who asked the original
question, a right to put supplementary questions also. From the above
discussion. It is clear that the Government had two aims in introducing the
so-called Constitutional Reforms:
• i) to strengthen the Raj by rallying the moderates to the empire
• ii) to encourage divisions amongst politically active Hindus and Muslims or
in other words, it was designed as a milestone in the 'divide and rule'
strategy.
 MONTAGU-CHELMSFORD REFORMS
(Government of India Act, 1919)
• By 1916 all parties in India as well as Britain
began to think that some changes in the
structure of government were necessary. The-
aspirations of the Indians had also increased
during this period. As a response to the
political pressure in India during the war years
and to buy support of Indians the Montagu-
Chelmsford scheme was introduced by the
Britiih.
 Changes in the Central Government
• The chief executive authority remained vested in
the Governor-General who remained responsible
to the British Parliament through the Secretary of
State and not to the Indian Legislature. The
constitution of Governor-General's executive
Council was slightly modified while substantial
changes were made in the composition of the
Indian Legislature. But it was made clear that the
aim was not to increase its powers but merely to
make it more representative and increase
opportunities of influencing the Government.
• The Act provided for a bi-cameral legislature at the center. The two
Houses were the Council of State and the Legislative Assembly.
• The Council of State was to consist of 60 members of whom at least
33 were elected members. Not more than 20 nominated members
could be officials. The Legislative Assembly was to consist of 145
members of whom 104 were to be elected members. Of these 52
were to be returned by general constituencies, 30 by Muslims, 2 by
Sikhs, 7 by landholders, 9 by Europeans and 4 by the Indian
Commercial Community. The communal electorates were extended
to include the Sikhs also. It should be noted that these seats were
distributed amongst the Provinces not on the basis of their
population but their so-called importance. The life of the Assembly
was to be three years. But it could be extended by the Governor-
General.
• The powers and functions of this legislature continued
more or less as before. The only significant change was that
it became necessary to obtain the previous sanction of the
Governor-General before introducing any bill relating to
matters enumerated in the provincial list. The power of the
Governor-General was extended. In addition to the power
to veto any bill, the Governor-General was given the power
of certification also, i.e. he could secure the enactment of a
bill whose passage in the form considered to be necessary
was refused by the legislature. He could do so by certifying
that the bill was essential for the safety, tranquility or
interests of British India or any part thereof. The scope of
interrogative functions was enlarged by extending the right
to put supplementary questions to all the members.
Changes in the provincial Government
Under the Government of India Act of 1919 responsibility
for certain functions of the Government in the provinces
was transferred while control over others was reserved in
British hands. Under this division the subjects were
divided into two halves called 'Reserved' and
'Transferred'. Accordingly the provincial government was
also to consist of two halves. The Governor and the
members of his Executive Council were to administer the
reserved subjects. The transferred subjects were to be
administered by the Governor acting with ministers. This
novel distribution of executive powers in the provinces
came to be known as 'dyarchy'.
• Each side of the Government was clearly differentiated from the
other in its composition and its constitutional relations with the
Governor and the Legislative Council. Broadly speaking four heads
i.e. local self-government, health, education and some departments
relating to agriculture were included amongst transferred subjects.
All other subjects were reserved subjects. These included police,
justice, control over printing presses, irrigation, land revenue,
factories etc.
• The Governor and the members of the Executive Council were
appointed by the British Government and were jointly responsible
to the Governor-General and the Secretary of State for India. The
number of Executive Councillors was not to exceed four. The
Ministers who were entrusted with the Transferred subjects were
appointed by the Governor. He generally chose ministers from
amongst the leading elected members of the Legislature. In practice
there were two or three ministers in each province.
 Government of India Act, 1935
• As the growing demands of populace led by Indian leader
for constitutional reforms in India intensified with
progression in the British Rule, the evolving administrative
arrangements put in place by the British paved the way for
a more responsible government in India premised on the
fact of maximum representation of Indians
• India’s support to Britain in the First World War also aided
in British acknowledgement of the need for the inclusion of
more Indians in the administration of their own country.
– This formed the basis of the passing of the Government of India
Act, 1935 by the British Parliament
• This legislation was the longest Act passed by the British
Parliament after its domination and overtaking of
administrative control in India
• All India Federation
– It provided for the establishment of an All India
Federation consisting of provinces and princely
states as units.
– The Act divided the powers between the Centre
and units in terms of three lists, Federal List (for
Centre containing 59 items), Provincial List (for
provinces containing 54 items) and
the Concurrent List (for both containing 36 items).
• Residuary powers were given to the Viceroy.
• Provincial Autonomy
– It abolished diarchy in the provinces and introduced
‘provincial autonomy’ in its place.
• The provinces were allowed to act as autonomous units of
administration in their defined spheres.
• Moreover, the Act introduced responsible governments in
provinces which meant that the governor was required to act with
the advice of ministers responsible to the provincial legislature
– However, the Ministers were not absolutely free in matter
of running their departments
• As the Governors continued to possess a set of overriding
powers although such powers were not exercised very often
• Bicameralism
– The Act introduced bicameralism in six out of eleven
provinces.
• Thus, the legislatures of Bengal, Bombay, Madras, Bihar,
Assam and the United Provinces were made bicameral
consisting of a legislative council (Upper House) and a
legislative assembly (Lower House) with certain restrictions
on them
– Also, the Central Legislature was bicameral, consisting
of Federal Assembly and Council of States.
• The term of the assembly was five years but it could be
dissolved earlier also.
• Diarchy at the Centre
– The Act of 1935 abolished diarchy at the Provincial
level and introduced it at the Centre.
• Consequently, the federal subjects were divided into
reserved subjects and transferred subjects
– Religious affairs, defence, administration of tribal
areas and external affairs were included in
the reserved subjects.
• The Transferred subjects were to be administered on
the advice of ministers and the number of ministers
could not exceed ten.
 – The Governor-General remained over all in charge of
both the Reserved and Transferred subjects
• The idea of diarchy was imposed with the purpose of
facilitating better administration and the governor general
was appointed to look after and coordinate among the two
parts of the government
• Communal/Class Representation
– The Act further extended the principle of communal
representation by providing separate electorates for
depressed classes (scheduled castes), women and
labourers (workers).
– Further, under the Act the Muslims got 33 percent
(1/3 of the seats) in the Federal Legislature
• Significance of the Act
• The Government of India Act of 1935 marked the second milestone towards a
completely responsible government in India after the Act of 1919.
• The Act of 1935 served some useful purposes by the experiment of provincial
autonomy, thus we can say that the Government of India Act 1935 marks a point
of no return in the history of constitutional development in India.
• The Government of India Act 1935 curtailed the powers concentrated in the hands
of the Central Government and distributed it by ensuring that a decentralised form
of government takes shape in India
• Separate electorates for women, although they had not asked for it, was quite
good for the advancement of women in the decision making process
• This Act was the first attempt to give the provinces an autonomous status by
freeing them from external interference
• The Act also holds great importance in the Indian history because it
eventually culminated in the fact of the Dominion Status which urged the need
for Independence again in the minds of the people
 Constituent Assembly
• It is often argued that the Constituent Assembly of
India did not represent the masses of India because its
representatives were not elected through the universal
adult franchise. Rather they were indirectly elected by
the restricted adult franchise confined to the elite
sections of society – the educated and tax payers.
• The Constituent Assembly consisted of members with
different ideological orientations, and three religious
communities – Sikhs, Muslims and General (Hindus and
all other communities like the Anglo-Indians, Parsis,
etc.).
• Majority of the Constituent Assembly
members belonged to the Congress. It also
included non-Congress members like A.K.
Ayyer and N.G. Ayyanger who were brought
by the Congress as “experts”; Dr. Ambedkar
and John Matthai, who were also the cabinet
ministers; S.P. Mukherjee represented the
Hindu Mahasabha. The Constituent Assembly
included representatives from the Princely
States as well.
ROLE OF THE CONSTITUENT ASSEMBLY
1946-1949
• The inaugural session of the Constituent Assembly was
held on the 9th December 1946. It was supposed to be
attended by all 296 members but only 207 members
could attend it because the Muslim League members
were absent from it as they had boycotted the
Constituent Assembly. In this meeting, J.B. Kripalani
requested Dr. Sachchidanand to take the chair as
temporary chairman of the House. The members
passed a resolution on the 10th December 1946 for
election of a permanent member, and on the 11th
December 1946, Dr. Rajendra Prasad was elected as
the permanent Chairman of the Constituent Assembly.
• On 13th December 1946, Jawaharlal Nehru moved
resolution regarding Aims and Objectives. The Constituent
Assembly divided its work among different committees for
its smooth functioning. Some of the important committees
were: (a) Union Power Committee. It was chaired by
Jawaharlal Nehru and had nine members; (b) Committee
on Fundamental Rights and Minorities. It had 54 members
and Sardar Ballabhbhai Patel was its chairman; (c) Steering
Committee and its 3 members which included Dr. K.M.
Munshi (chairman), Gopalaswami Iyangar and Bhagwan
Das; (d) Provincial Constitution Committee. It had 25
members with Sardar Patel as its chairman; (e) Committee
on Union Constitution. It had 15 members with Jawahalal
Nehru as its chairman
 PHILOSOPHY OF THE INDIAN
CONSTITUTION
• The philosophy of Indian Constitution is based on
the principles of liberal democracy and
secularism, with some elements of social
democracy. It seeks to protect the rights – justice,
liberty, equality, fraternity, of individuals and
cultural and religious rights of social and religious
communities. It was after a thorough discussion
in the Constituent Assembly of the Objective
Resolution that the Preamble of the Constitution
was adopted. Indeed the deliberations within the
Constituent Assembly virtually began with the
deliberations of the Objective Resolution.
• Objective Resolution and the Preamble of the
Constitution:-
• on the 13th December 1946, the fourth day of
the meeting of the Constituent Assembly,
Jawaharlal Nehru moved the resolution regarding
the Aims and Objectives of the Constituent
Assembly. This resolution came to be known as
the OBJECTIVE RESOLUTION.
• The Resolution laid down eight points or
paragraphs of the Resolution as they were
alluded to, as aims and objective.
• These aims and objectives included:
• 1) To proclaim India as an Independent Sovereign
Republic and to draw up for its future governance a
constitution; 2) India would be a Union of the
territories consisting of the British India, those covered
by the Indian States, and territories which were willing
to be constituted into the Independent Sovereign India;
3) The territories in the Union would possess and
retain status of autonomous Units, shall have residuary
powers, and exercise all powers of government and
administration, except those powers and functions as
were assigned to or vested in the Union;
• 4) All powers and Authority of the Sovereign
Independent India and its constituent parts and
organs were derived from the people; 5) It will
guarantee and secure to all people of India
Justice, Social, Economic and Political Equality of
status, of opportunity and before law; Freedom
of thought, expression belief, faith, worship,
vocation, association and action, subject to law
and public morality; 6) It will provide adequate
safeguards for minorities, backward and tribal
areas, and depressed and other backward
classes;
• 7) It shall maintain integrity of the territory of
the Republic and its sovereign rights on land,
sea and air according to justice and the law of
the civilized nations; and
• 8) To ensure the rightful and honoured place
of this ancient land in the world and make its
full and willing contribution to the promotion
of world peace and the welfare of the
mankind.
• Preamble
• We the People of India, having solemnly resolved to
constitute India into a Sovereign Socialist Secular
Democratic Republic and to secure to all its citizens:
Justice, Social, Economic and Political; Liberty of
thought, expression belief, faith and worship; Equality
of status and 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.
 SALIENT FEATURES OF THE
CONSTITUTION
• Constitution of India – Major Features
• 1. Lengthiest Written Constitution
• 2. Drawn from Various Sources
• 3. Blend of Rigidity and Flexibility
• 4. Federal System with Unitary Bias
• 5. Parliamentary Form of Government
• 6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
• 7. Rule Of Law
• 8. Integrated and Independent Judiciary
• 9. Fundamental Rights
• 10. Directive Principles of State Policy
• 11. Fundamental Duties
• 12. Indian Secularism
• 13. Universal Adult Franchise
• 14. Single Citizenship
• 15. Emergency Provisions
 Union Legislature
• Composition of Parliament
• The Parliament in India comprises the President of India, the Upper House
i.e. Rajya Sabha and the Lower House i.e. Lok Sabha.
• Hindi names of both the houses, i.e. Rajya Sabha and Lok Sabha had been
adopted by the Upper House and the Lower House respectively.
• The Constitution describes the structure of parliament in Article 79. It
states that the Parliament comprises of the President and the two houses
i.e. the Lower House or House of People and Upper house or Council of
States.
• To understand the functions served by the President, we can say that the
post of president is somewhat equivalent to the role and functions of the
Queen or Crown in the United Kingdom.
• Even though the President is a part of the legislature, he doesn’t sit in
parliament.
• However, a bill passed by houses can’t be made law without the assent of
the President.
 The Rajya Sabha
• Rajya Sabha is the Upper House of the Indian
Parliament.
• This house is permanent in nature as it can
never be dissolved. This is because every
member elected to the Rajya Sabha serves for
a term of 6 years and one-third of members
do retire biennially, while the other members
continue their tenure. It’s like an election in
different batches.
 Chairperson and Deputy Chairperson
of Rajya Sabha
• In Rajya Sabha, the Vice-President of India
presides of its sessions and is ex-
officio chairperson of the house.
• However, to take care of its day-to-day affairs,
and to preside over the sessions in the
absence of the Chairperson, i.e. the Vice-
President, a member of the house itself is
chosen internally by the Rajya Sabha as
Deputy Chairperson of the house.
 Lok Sabha
• The provisions of Article 331 of the Indian
Constitution provides for the existence of the house of
the people and shall consist of a maximum of 530
chosen members from different states, not more than
20 members to be chosen from the Union Territories. If
President feels that there is a lack of representation of
the Anglo-Indian Community in parliament he may
nominate two members of the Anglo-Indian
Community.
• Some seats are also reserved for the Scheduled Caste
and Scheduled tribes communities especially laid aside
for them all over the country.
 Speaker and Deputy Speaker of Lok
Sabha
• To preside over sessions of the house, the Speaker of the
Lok Sabha is elected among the sitting members of the
house. He/she is generally elected in the first meeting of
the Lok Sabha and serves a tenure of 5 years along with
that particular Lok Sabha. And as normally practiced, the
Speaker is a member of the ruling party or alliance.
• According to Article 94 and Article 96 of the Indian
Constitution, a Speaker can be removed by a resolution
passed with an effective majority, i.e More the 50% of the
members of the house.
• He/she can also be removed according to The
Representation of the People Act and when a bill is wrongly
certified as a money bill by the Speaker.
• Legislature
• For every state, there is a legislature, which consists of
Governor and one House or, two Houses as the case
may be. In Bihar, Jammu and Kashmir, Karnataka,
Maharashtra and Uttar Pradesh, there are two Houses
known as legislative council and legislative assembly.
• In the remaining states, there is only one House known
as legislative assembly. Parliament may, by law, provide
for abolition of an existing legislative council or for
creation of one where it does not exist, if proposal is
supported by a resolution of the legislative assembly
concerned.
 Union Executive
• The Union executive consists of the President,
the Vice-President, and the Council of
Ministers with the Prime Minister as the head
to aid and advise the President.
 President
• The President is elected by members of an electoral college
consisting of elected members of both Houses of
Parliament and Legislative Assemblies of the states in
accordance with the system of proportional representation,
by means of single transferable vote. To secure uniformity
among state inter se, as well as parity between the states
as a whole, and the Union, suitable weightage is given to
each vote. The President must be a citizen of India, not less
than 35 years of age, and qualified for election as member
of the Lok Sabha. His term of office is five years, and he is
eligible for re-election. His removal from office is to be in
accordance with procedure prescribed in Article 61 of the
Constitution. He may, by writing under his hand addressed
to the Vice-President, resign his office.
 Vice-President
• The Vice-President is elected by members of an electoral college
consisting of members of both Houses of Parliament in accordance
with the system of proportional representation by means of single
transferable vote. He must be a citizen of India, not less than 35
years of age, and eligible for election as a member of the Rajya
Sabha. His term of office is five years, and he is eligible for re-
election. His removal from office is to be in accordance with
procedure prescribed in Article 67 .
• The Vice-President is ex-officio Chairman of the Rajya Sabha and
acts as President when the latter is unable to discharge his
functions due to absence, illness or any other cause, or till the
election of a new President (to be held within six months when a
vacancy is caused by death, resignation or removal or otherwise of
President). While so acting, he ceases to perform the function of
the Chairman of the Rajya Sabha.
• Council of Ministers
• There is a Council of Ministers headed by the Prime
Minister to aid and advise the President in exercise of his
functions. The Prime Minister is appointed by the
President, who also appoints other ministers on the advice
of Prime Minister. The Council is collectively responsible to
the Lok Sabha. It is the duty of the Prime Minister to
communicate to the President all decisions of Council of
Ministers relating to administration of affairs of the Union
and proposals for legislation and information relating to
them.
• The Council of Ministers comprises Ministers who are
members of Cabinet, Ministers of State (independent
charge), Ministers of State and Deputy Ministers.
 State Executive
GOVERNOR
State executive consists of Governor and Council of Ministers with Chief Minister as its
head. The Governor of a State is appointed by the President for a term of five years
and holds office during his pleasure. Only Indian citizens above 35 years of age are
eligible for appointment to this office. Executive power of the State is vested in
Governor.
• Council of Ministers with Chief Minister as head aids and advises Governor in
exercise of his functions except in so far as he is by or under the Constitution
required to exercise his functions or any of them in his discretion. In respect of
Nagaland, Governor has special responsibility under Article 371 A of the
Constitution with respect to law and order and even though it is necessary for him
to consult Council of Ministers in matters relating to law and order, he can exercise
his individual judgment as to the action to be taken.
• Council Of Ministers
• The Chief Minister is appointed by the Governor who also appoints other ministers
on the advice of the Chief Minister. The Council of Ministers is collectively
responsible to legislative assembly of the State.
 Indian Federalism
• India's federalism, similar to that of Canada
and Germany, and in contrast to that of
the United States, is framed within a
parliamentary system. The Constitution of
India is the foundational text that lays out the
structure of center-state relations. In addition,
certain juridical and legislative initiatives have
created institutions that mediate center-state
relations.
• India's Constitution has been described as "quasi-
federal," in that it frames many centralist features
within a federal framework.
• The primary articles (Seventh Schedule of the
Constitution) demarcate authority between the states
and the center: a Union List, a State List, and a
Concurrent List. While most key subjects such as
defense and national infrastructure are controlled by
the Union government, many important subjects are
controlled by the states: law and order, agriculture, and
health. Residual powers remain with the central
government.
• Executive power of the Union is vested in the President, and is exercised
by him either directly or through officers subordinate to him in accordance
with the Constitution. Supreme command of defence forces of the Union
also vests in him. The President summons, prorogues, addresses, sends
messages to Parliament and dissolves the Lok Sabha, promulgates
Ordinances at any time, except when both Houses of Parliament are in
session, makes recommendations for introducing financial and money bills
and gives assent to bills, grants pardons, reprieves, respites or remission
of punishment or suspends, and remits or commutes sentences in certain
cases. When there is a failure of the constitutional machinery in a state, he
can assume to himself all, or any of the functions of the government of
that state. The President can proclaim emergency in the country if he is
satisfied that a grave emergency exists, whereby security of India or any
part of its territory is threatened, whether by war or external aggression
or armed rebellion.