Constitution of India, Law & Engineering (KNC-501) Dr.

Rajeev Rajput
Assistant Professor
ABESIT

UNIT I
Almost everything we do is governed by some “Set of Rules”. There are rules for games (like -
cricket), traffic rules to be obeyed on the road, for workers in the workplace. There are also rules
imposed by morality and custom that play an important role in telling us what we should and should
not do. Example 1 - In the game of cricket, an umpire has "full authority to enforce the Rules or Law of
the Game on the ground”, when a player do something against the Rules umpire takes actions. Example
2 - On road, the traffic police make us to follow the rules.
Some rules that are made by the legislatures (Lok Sabha/Rajya Sabha in India), for their own country,
are called “Law”. We need Laws in Society so that our society can regulate and work properly. Laws
are designed to protect us and our property and to ensure that everyone in society behaves the way that
the community expects them too. Laws tell us what to expect as a consequence of our actions. Laws
have been the glue that has kept society together. Without laws there would be complete anarchy.
In General - The Constitution is the Supreme law of the land. All other laws have to conform to the
Constitution. The Constitution contains laws concerning the government and its relations with the
people. A Constitution is concerned with 2 main aspects-
a) The relation between the different levels of Government.
b) The relation between the Government and the Citizens.

Technical Definition - A Constitution is a set of fundamental principles or established precedents

according to which a state or other organization is governed. These rules together make up, i.e.
constitute, what the entity is. When these principles are written down into a single collection or set of
legal documents, those documents may be said to comprise a written Constitution.
Or
The document containing laws and rules which determine and describe the form of the government, the
relationship between the citizens and the government, is called a Constitution.

Constitutional Law - Constitutional Law would normally cover and connote the fundamental law of
the land as contained in the provisions of the constitution. It is concerned with the basic features of the
framework of the distribution of powers between the organs of the state and between the union and the
units. However, modern constitutional law lays the greatest emphasis on fundamental human rights and
the relationship between the individual citizens and the state.

Constitutionalism - A constitution is framed in every nation as a defence mechanism over and above
state power. The arrangement which forces the rulers to stay within their jurisdiction by means of
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

written (in most cases) constitution is called Constitutionalism. It is the trust, belief, faith that power
will not be misused. Constitutionalism stands for the principle that the exercise of political power shall
be bound by rules which lay down the procedures and determine the validity of all the government
action. Constitutionalism means limited government or limitation on government. It is antithesis of
arbitrary powers and despotism. Constitutionalism recognizes the need for government with powers but
at the same time insists that limitation be placed on those powers. A government which goes beyond its
limits loses its authority and legitimacy. Therefore, to preserve the basic freedoms of the individual,
and to maintain his dignity and personality, the Constitution should be permeated with
Constitutionalism; it should have some inbuilt restrictions on the powers conferred by it on
governmental organs.
Constituent Assembly
On the basis of the framework provided by the Cabinet Mission*, Constituent Assembly was
constituted on 9 th December, 1946 to draft a Constitution for the Country. The Constitution making
body was elected by the Provincial Legislative Assembly constituting of 389 members who included 93
from Princely States and 296 from British India. The seats to the British Indian provinces and princely
states were allotted in proportion of their respective population and were to be divided among Muslims,
Sikhs and rest of the communities. All sections of the Indian society got representation in the
Constituent Assembly in spite of limited suffrage. The first meeting of the Constituent Assembly took
place on December 9, 1946 at New Delhi with Dr. Sachidanand being elected as the interim President
of the Assembly. However, on December 11, 1946, Dr. Rajendra Prasad was elected as the President
and H.C. Mukherjee as the Vice-President of the Constituent Assembly.
*Cabinet Mission was a high-powered mission sent in February 1946 to India by the Atlee Government (British
Prime Minister.) The mission had three British cabinet members – Pethick Lawrence, Stafford Cripps, & and A.V.
Alexander. The Cabinet Mission’s aim was to discuss the transfer of power from British to Indian leadership .

Committees of the Constituent Assembly - The Constituent Assembly appointed eight major
committees, which are mentioned below:
1. Constitution Making Union Powers Committee
2. Union Constitution Committee
3. Provincial Constitution Committee
4. Drafting Committee
5. Advisory Committee on Fundamental rights and Minorities
6. Rules of Procedure Committee
7. States Committee
8. Jawaharlal Nehru Steering Committee
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Among these eight major committees, the most significant was the Drafting Committee. On 29th
August 1947, the Constituent Assembly set up a Drafting Committee under the chairmanship of Dr.
B.R. Ambedkar to prepare a Draft Constitution for India.
Functions of the Constituent Assembly –
1. Framing the Constitution.
2. Enacting laws and involved in the decision making process.
3. It adopted the National flag on July 22, 1947.
4. It accepted and approved India's membership of the British Commonwealth in May 1949.
5. It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.
6. It adopted the National anthem on January 24, 1950.
7. It adopted the National song on January 24, 1950.
Some Facts
✓ 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. It was finally passed and accepted on November
26, 1949. The 308 members of the Assembly signed two copies (Final) of the document (one each in
Hindi and English) on 24 January 1950.
✓ Same day the Assembly unanimously elected Dr. Rajendra Prasad as the President of India, which
came into effect on January 26, 1950, known and celebrated as the Republic Day of India
Government of India Act 1935: Main Features
Government of India Act of 1935 marked the milestone towards a completely responsible government
in India. It ended Diarchy and provided the establishment of All India Federation. This act 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.
On August 1935, the Government of India passed longest act i.e. Government of India Act 1935 under
the British Act of Parliament. This act also included the Government of Burma Act 1935. According to
this act, India would become a federation if 50% of Indian states decided to join it. They would then
have a large number of representatives in the two houses of the central legislature. However, the
provisions with regards to the federation were not implemented. The act made no reference even to
granting dominion status, much less independence, to India.
With regard to the provinces, the act of 1935 was an improvement on the existing position. It
introduced what is known as provincial autonomy. The ministers of the provincial governments,
according to it, were to be responsible to the legislature. The powers of the legislature were increased.
However, in certain matters like the Police, the government had the authority. The right to vote also
remained limited. Only about 14% of the population got the right to vote. The appointment of the
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

governor-general and governors remained in the hands of the British government and they were not
responsible to the legislatures.

Features of the Act

1. 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, with 59 items), Provincial List (for provinces, with 54 items) and the
Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy.
2. It abolished dyarchy 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, that is, the governor was required
to act with the advice of ministers responsible to the provincial legislature. This came into effect in
1937 and was discontinued in 1939.
3. It provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were
divided into reserved subjects and transferred subjects. However, this provision of the Act did not come
into operation at all.

4. It 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). However, many restrictions were
placed on them.
5. It further extended the principle of communal representation by providing separate electorates for
depressed classes (scheduled castes), women and labour (workers).
6. It abolished the Council of India, established by the Government of India Act of 1858. The secretary
of state for India was provided with a team of advisors.
7. It extended franchise. About 10 per cent of the total population got the voting right.
8. It provided for the establishment of a Reserve Bank of India to control the currency and credit of the
country.
9. It provided for the establishment of not only a Federal Public Service Commission but also a
Provincial Public Service Commission and Joint Public Service Commission for two or more
provinces.
10. It provided for the establishment of a Federal Court, which was set up in 1937.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

The main objectivity of the act of 1935 was that the government of India was under the British Crown.
So, the authorities and their functions derive from the Crown, in so far as the crown did not itself retain
executive functions.
Hence, 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.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Indian Independence Act of 1947

The Indian Independence Act, 1947 received the royal assent and entered into force on 18th July 1947.
This Act put into action the Mountbatten Plan for the independence and partition of India.
Indian Independence Act – Background
• The Indian Independence Act, 1947 was an act of the British Parliament that partitioned India
into two independent dominions of India and Pakistan.
• The legislation was drafted by the Labour government of Clement Attlee. It was based on the
Mountbatten Plan or the 3rd June Plan which was formulated after the leaders of the Indian
National Congress and the Muslim League agreed to the recommendations of the Viceroy Lord
Mountbatten.
• Lord Mountbatten came to India with the specific task of seeing over the handing over of the
authority to Indians. But the INC and the League could not agree on the question of partition.
• An initial plan proposed by Mountbatten known as the Dickie Bird Plan was opposed by Nehru.
According to this plan, the provinces were to be declared independent and then allowed to join
or not join the Constituent Assembly. Nehru opposed this as it would, in his opinion, would
lead to the country’s balkanisation.
• Then, Mountbatten came up with the last plan known as the 3 June Plan which was accepted by
all parties. The INC, which was opposed to any partition of the country, finally accepted it as an
unavoidable process.
• As per this plan, India would be partitioned into India and Pakistan. The constitution framed by
the Constituent Assembly would not be applicable to the areas which would go into Pakistan.
These provinces would then decide on a separate constituent assembly.
• The Legislative Assemblies of Punjab and Bengal voted for the partition according to which
these provinces were to be divided between the two dominions along religious lines.
• The assembly of Sind was given the choice to join the Indian Constituent Assembly or not. It
decided to join Pakistan. In the North Western Frontier Province (NWFP) and Sylhet, a
referendum was to be held which would decide the country they were to join.
• The complete legislative authority would be given to the Constituent Assemblies of the new
countries.
• The Act decided to grant independence to India and Pakistan with effect from 15th August 1947.
• The new boundaries of the dominions would be demarcated by the Boundary Commission.
• British suzerainty over the princely states was to end. These states could decide to join either
India or Pakistan or remain independent. Over 560 states decided to merge with India.
• The British emperor would cease to use the title ‘Emperor of India’.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
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• Until the new dominions’ constitutions would become effective, the heads of state would be the
respective Governor-Generals who would continue to assent laws passed by the Constituent
Assemblies in the name of the king.
• This Act received the royal assent on 18th July 1947 and entered into force.
• Pakistan became independent on 14th August and India on 15th August 1947. Muhammad Ali
Jinnah was appointed Pakistan’s Governor-General and Lord Mountbatten became India’s.

Mountbatten Plan
On June 3, 1947, Lord Mountbatten put forward his plan which outlined the steps for the solution of
India’s political problem. The outlines of the plan discussed below:
• India to be divided into India and Pakistan.
Bengal and Punjab will be partitioned and a referendum in NEFP (North-East Frontier Province) and
Sylhet district of Assam would be held.
• There would be a separate constituent assembly for Pakistan to frame its constitution.
• The Princely states would enjoy the liberty to join either India or Pakistan or ever remain
independent.
• August 15, 1947, was date fixed for handling over power to India and Pakistan.
• The British Government passed the Indian Independence Act of 1947 in July 1947, which contained
the major provisions put forward by the Mountbatten plan.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Enforcement of the Constitution

• The Constitution of India came into force on 26 January, 1950. On that day, the Assembly ceased to
exist, transforming itself into the Provisional Parliament of India until a new Parliament was
constituted in 1952.
• The date of 26th January was chosen to commemorate the historical day as on this day in 1930 that
Purna Swaraj day was celebrated and the tricolour flag of Indian independence was unfurled following
the resolution of the Lahore Session (December 1929) of the Indian National Congress.
• Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament,
temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366,
367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949 itself.
• The remaining provisions (the major part) of the Constitution came into force on January 26, 1950.
This day is referred to in the Constitution as the ‘date of its commencement’ and celebrated as the
Republic Day.
• With the commencement of the Constitution, the Indian Independence Act of 1947 and the
Government of India Act of 1935, with all enactments amending or supplementing the latter Act, were
repealed.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Constitution of India: 26 Salient Features of the Constitution of India

The Constitution of India is a unique constitution. It is the largest written democratic constitution of the
world. It provides for a mixture of federalism and Unitarianism, and flexibility and with rigidity. Since
its inauguration on 26th January 1950, the Constitution India has been successfully guiding the path
and progress of India.
The salient features of the Constitution of India can be discussed as follows:
(1) Written and Detailed Constitution:
The Constitution is a wholly written document which incorporates the constitutional law of India. It
was fully debated and duly enacted by the Constitution Assembly of India. It took the Assembly 2
years, 11 months and 18 days to write and enact the Constitution.
Indian Constitution is a very detailed constitution. It consists of 395 Articles divided into 22 Parts with
12 Schedules and 104 constitutional amendments. It is a constitution of both the Centre and states of
Indian Union. It is much bigger than the US Constitution which has only 7 Articles and the French
Constitution with its 89 Articles.
(2) Self-made and Enacted Constitution:
Indian Constitution is a constitution made by the people of India acting through their duly elected and
representative body—the Constituent Assembly that was organised in December 1946. Its first session
was held on 9th December, 1946. It passed the Objectives Resolution on 22 January, 1947.
Thereafter, it initiated the process of constitution-making in the right earnest and was in a position to
finally pass and adopt the constitution on 26th November, 1949. The constitution became fully
operational with effect from 26th January 1950. We celebrate this day as our Republic Day. The
Constitution of India is thus a self-made and duly enacted constitution.
(3) Preamble of the Constitution:
The Preamble to the Constitution of India is a well drafted document which states the philosophy of the
constitution. It declares India to be a Sovereign, Socialist, Secular, Democratic, Republic and a welfare
state committed to secure justice, liberty and equality for the people and for promoting fraternity,
dignity of the individual, and unity and integrity of the nation. The Preamble is the key to the
constitution. It states in nutshell the nature of Indian state and the objectives it is committed to secure
for the people.
(4) India is a Democratic Socialist State:
Although, right from the beginning the Indian Constitution fully reflected the spirit of democratic
socialism, it was only in 1976 that the Preamble was amended to include the term ‘Socialism’. It is now
regarded as a prime feature of Indian state. India is committed to secure social, economic and political
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

justice for its entire people by ending all forms of exploitation and by securing equitable distribution of
income, resources and wealth. This is to be secured by peaceful, constitutional and democratic means.
(5) India is a Secular State:
India gives special status to no religion. There is no such thing as a state religion of India. This makes it
different from theocratic states like the Islamic Republic of Pakistan or other Islamic countries. Further,
Indian secularism guarantees equal freedom to all religions. The Constitution grants the Right to
Religious Freedom to all the citizens.
(6) India is a Democratic State:
The Constitution of India provides for a democratic system. The authority of the government rests upon
the sovereignty of the people. The people enjoy equal political rights. On the basis of these rights, the
people freely participate in the process of politics. They elect their government.
Free, fair and regular elections are held for electing governments. For all its activities, the government
of India is responsible before the people. The people can change their government through elections.
No government can remain in power which does not enjoy the confidence of the people. India is
world’s largest working democracy.
(7) India is a Republic:
The Preamble declares India to be a Republic. India is not ruled by a monarch or a nominated head of
state. India has an elected head of state (President of India) who wields power for a fixed term of 5
years. After every 5 years, the people of India indirectly elect their President.
(8) India is a Union of States:
Article I of the Constitution declares, that “India that is Bharat is a Union of States.” The term
‘Union of State’ shows two important facts:
(i) That Indian Union is not the result of voluntary agreement among sovereign states, and
(ii) that states of India do not enjoy the right to secede from the Union. Indian Union has now 28 States
and 8 Union Territories.
(9) Mixture of Federalism and Unitarianism:
While describing India as a Union of States, the Constitution provides for a federal structure with a
unitary spirit. Scholars describe India as a ‘Quasi-Federation’ (K.C. Wheare) or as ‘a federation with a
unitary bias, or even as ‘a Unitarian federation.’
Like a federation, the Constitution of India provides for:
(i) A division of powers between the centre and states,
(ii) A written, rigid and supreme constitution,
(iii) Independent judiciary with the power to decide centre-state disputes and
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

(iv) Dual administration i.e. central and state administrations. However, by providing a very strong
centre, a common constitution, single citizenship, emergency provisions, common election
commission, common all India services etc. the Constitution clearly reflects its unitary spirit.
India is a federation with some Unitarian features. This mixture of federalism-Unitarianism has been
done keeping in view both the pluralistic nature of society and the presence of regional diversities, as
well as due to the need for securing unity and integrity of the nation.
(10) Mixture of Rigidity and Flexibility:
The Constitution of India is rigid in parts. Some of its provisions can be amended in a difficult way
while others can be amended very easily. In some cases, the Union Parliament can amend some parts of
the Constitution by passing a simple law.
Article 368, of the Constitution provides for two special methods of amendment:
(i) Most of the provisions of the Constitution can be amended by the Union Parliament by passing an
Amendment Bill by a majority of total membership and 2/3rd majority of members present and voting
in each of its two Houses.
(ii) For the amendment of some specified parts, a very rigid method has been provided. Under it, first
the Union Parliament passes the Amendment Bill by a majority of total membership and 2/3rd majority
of members present and voting in each house, and then it goes to the State Legislatures for ratification.
The Amendment gets passed only when it is approved by not less than one half of the several states of
the Union.Thus, the Constitution of India is partly rigid and partly flexible.
(11): Fundamental Rights
Under its Part IIIC Articles 12-35), the Constitution of India grants and guarantees Fundamental Rights
to its citizens. It is called the Indian Bill of Rights. Initially, 7 Fundamental Rights were granted but
after the deletion of the Right to Property from the list of Fundamental Rights (44th Amendment Act
1979) their number came down to six.
The Six Fundamental Rights are:
(i) Right to Equality.
(ii) Right to Freedom.
It incorporates six fundamental freedoms -freedoms of speech and expression, freedom to form
associations, freedom to assemble peaceably without arms, freedom to move freely in India, freedom of
residence in any part, and freedom of adopting any profession or trade or occupation. It ensures
personal freedom and protection in respect of conviction for certain offences.
(iii) Right against Exploitation.
(iv) Right to Freedom of Religion.
(v) Cultural and Educational Rights.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
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(vi) Right to Constitutional Remedies (Art. 32).

(12) National Human Rights Commission (NHRC) and State Human Rights Commission and
Protection of Human Rights:
With a view to protect the human rights of all the people the Protection of Human Rights Act. 1993
was passed by the Union Parliament. Under it the National Human Rights Commission was
established. It is headed by a former Chief Justice of India. It acts as an independent commission with a
status of a civil court. It works for preventing the violations of human rights of the people.
Its cases of proved violations of human rights, the NHRC can order the grant of compensation to the
victims. Several State, Human Rights Commission are also working for the protection of Human
Rights. India is fully committed to protect the human rights of all the people of the world.
(13) Fundamental Duties of the Citizens:
In its Part IVA (Article 51 A) the Constitution describes the following Fundamental Duties of a
citizen:

(14) Directive Principles of State Policy:

Part IV of the Constitution dealing with the ‘Directive Principles of State Policy’ provides one of the
most striking features of the Indian Constitution. The Directive Principles are instructions to the state
for securing socio-economic developmental objectives through its policies. These are to be
implemented by both the Union for the States.
For example, Directive Principles direct the state to ensure for the people adequate means of livelihood,
fairer distribution of wealth, equal pay for equal work, protection of children, women, labour and
youth, old age pension, social security, local self-government, protection of the interests of the weaker
sections of society; promotion of cottage industries, rural development, international ‘peace friendship
and co-operation with other states etc. The aim of Part IV is to secure and strengthen socio-economic
democracy in India.
(15) Bi-Cameral Union Parliament:
The Constitution provides for a Bicameral Legislature at the Union level and names it as the Union
Parliament. Its two Houses are: The Lok Sabha and the Rajya Sabha. The Lok Sabha is the lower,
popular, directly elected house of the Parliament. It represents the people of India.
The Rajya Sabha is the upper and, indirectly elected second House of Parliament. It represents the
states of the Indian union.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
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(16) Parliamentary System:

The Constitution of India provides for a parliamentary system of government at the Centre as well as in
every state of the Union. The President of India is the constitutional head of state with nominal powers.
The Union Council of Ministers headed by the Prime Minister is the real executive. Ministers are
essentially the members of the Union Parliament.
For all its policies and decisions, the Council of Ministers is collectively responsible before the Lok
Sabha. The Lok Sabha can remove the Ministry by passing a vote of no-confidence. The Cabinet, in
fact the Prime Minister has the power to get the Lok Sabha dissolved by the President. On similar lines
a parliamentary government is also at work in each state.
(17) Adult-Suffrage:
Another feature of the Constitution is that it provides for universal adult suffrage. All men and women
enjoy an equal right to vote. Each adult man and woman above the age of 18 years has the right to vote.
All registered voters get the opportunity to vote in elections.
(18) Single integrated State with Single Citizenship:
India is the single Independent and Sovereign integrated state. Presently it has 28 states and 7 Union
Territories. All citizens enjoy a common uniform citizenship. They are entitled to equal rights and
freedoms, and equal protection of the state.”
(19) Single Integrated Judiciary:
The Constitution provides for a single integrated judicial system common for the Union and the states.
The Supreme Court of India works at the apex level, High Courts at the state level and other courts
work under the High Courts.
There are 21 State High Courts working in all parts of India. Orissa High Court has been in existence
since 1948 and it is located at Cuttack. The Supreme Court is the highest court of the land. It controls
and runs the judicial administration of India.
(20) Independence of Judiciary:
The Indian Constitution makes judiciary truly independent. It is clear from the following facts:
(a) Judges are appointed by the President,
(b) Only persons with high legal qualifications and experience are appointed as judges,
(c) Judges of the Supreme Court cannot be removed from office except through an extremely difficult
process of implement.
(d) The salaries of the judges are very high,
(e) The Supreme Court has its own staff. Indian judiciary has an autonomous organisation and status. It
works as an independent and powerful judiciary.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

(21) Special Provisions relating to Scheduled Castes and Scheduled Tribes:

With a view to protect the interests of people belonging to Scheduled Castes and Scheduled Tribes, the
Constitution lays down certain special provisions. It provides for reservation of seats in the legislatures
for the people belonging to Scheduled Castes and Scheduled Tribes. President can nominate in Lok
Sabha not more than two members of the Anglo-Indian Community in case he is of the opinion that this
community is not adequately represented in the House.
Reservation of some jobs for the people belonging to SCs, STs and OBCs has also been in operation.
The reservation system has been now extended upto the year 2020.Presently, a bill for granting 33%
reservation of legislative seats for women is in the process of getting enacted into law. Reservation
system is also in existence in the Panchayats and Municipal Councils.

With all these features, the Indian Constitution is a constitution best suited to the Indian environment.
The Constitution has been helping India to organise and run her government and administration in an
effective way both in times of peace and war. The basic structure of the Constitution i.e. its most
fundamental features can be described as: Preamble, Fundamental Rights, Directive Principles,
Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and Liberal
Democracy.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

The Preamble of the Constitution

What is a Preamble?
▪ A preamble is an introductory statement in the constitution that explains the philosophy and
objectives of the constitution
▪ In a Constitution, it presents the intention of its framers, the history behind its creation, and
the core values and principles of the nation.
▪ The preamble basically gives idea of the following things/objects:
o Source of the Constitution
o Nature of Indian State
o Statement of its objectives
o Date of its adoption
History of the Preamble to Indian Constitution
▪ The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s
Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.
▪ Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts
as an aid during the interpretation of Articles when language is found ambiguous.
Components of Preamble
▪ It is indicated by the Preamble that the source of authority of the Constitution lies with
the people of India.
▪ Preamble declares India to be a sovereign, socialist, secular and democratic republic.
▪ The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and
promote fraternity to maintain unity and integrity of the nation.
▪ The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
Key words in the Preamble
▪ We, the people of India: It indicates the ultimate sovereignty of the people of
India. Sovereignty means the independent authority of the State, not being subject to the control
of any other State or external power.
▪ Sovereign: The term means that India has its own independent authority and it is not a dominion
of any other external power. In the country, the legislature has the power to make laws which are
subject to certain limitations.
▪ Socialist: The term means the achievement of socialist ends through democratic means. It
holds faith in a mixed economy where both private and public sectors co-exist side by side.
o It was added in the Preamble by 42nd Amendment, 1976.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
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▪ Secular: The term means that all the religions in India get equal respect, protection and support
from the state.
o It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
▪ Democratic: The term implies that the Constitution of India has an established form of
Constitution which gets its authority from the will of the people expressed in an election.
▪ Republic: The term indicates that the head of the state is elected by the people. In India, the
President of India is the elected head of the state.
Objectives of the Indian Constitution
▪ The Constitution is the supreme law and it helps to maintain integrity in the society and
to promote unity among the citizens to build a great nation.
o The main objective of the Indian Constitution is to promote harmony throughout the
nation.
▪ The factors which help in achieving this objective are:
o Justice: It is necessary to maintain order in society that is promised through various provisions
of Fundamental Rights and Directive Principles of State Policy provided by the
Constitution of India. It comprises three elements, which is social, economic, and political.
• Social Justice – Social justice means that the Constitution wants to create a society
without discrimination on any grounds like caste, creed, gender, religion, etc.
• Economic Justice – Economic Justice means no discrimination can be caused by peopleon
the basis of their wealth, income, and economic status. Every person must be paid equally
for an equal position and all people must get opportunities to earn for their living.
• Political Justice – Political Justice means all the people have an equal, free and fair right
without any discrimination to participate in political opportunities.
o Equality: The term ‘Equality’ means no section of society has any special privileges and all
the people have given equal opportunities for everything without any discriminations.
Everyone is equal before the law.
o Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have
political views and behaviour in society. Liberty does not mean freedom to do anything, a
person can do anything but, in the limit, set by the law.
o Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional
attachment with the country and all the people. Fraternity helps to promote dignity and unity
in the nation.
▪ Importance of Objectives: It provides a way of life. It includes fraternity,
liberty, and equality as the notion of a happy life and which cannot be taken from each other.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

o Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can
liberty and equality be divorced from fraternity.
o Without equality, liberty would produce the supremacy of the few over the many.
o Equality without liberty would kill individual initiative.
o Without fraternity, liberty would produce the supremacy of the few over the many.
o Without fraternity, liberty and equality could not become a natural course of things.
Status of Preamble
▪ The preamble being part of the Constitution is discussed several times in the Supreme Court. It
can be understood by reading the following two cases.
o Berubari Case: It was used as a reference under Article 143(1) of the Constitution which
was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union
and in exchanging the enclaves which were decided for consideration by the bench
consisting of eight judges.
o Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of
the makers’ but it cannot be considered as part of the Constitution. Therefore, it is not
enforceable in a court of law.
▪ Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled
to hear a writ petition. The Court held that:
o The Preamble of the Constitution will now be considered as part of the Constitution.
o The Preamble is not the supreme power or source of any restriction or prohibition but it
plays an important role in the interpretation of statutes and provisions of the Constitution.
o So, it can be concluded that preamble is part of the introductory part of the Constitution.
▪ In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again
held that Preamble is the integral part of the Constitution but is not directly enforceable in a court
of justice in India.
Amendment of the Preamble
▪ 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted
that the preamble is part of the Constitution.
o As a part of the Constitution, preamble can be amended under Article 368 of the
Constitution, but the basic structure of the preamble cannot be amended.
o Because the structure of the Constitution is based on the basic elements of the Preamble. As
of now, the preamble is only amended once through the 42nd Amendment Act, 1976.
▪ The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through
42nd Amendment Act, 1976.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

o ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.

o ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.
Fact:
▪ Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394 came
into force since the adoption of the Constitution on 26th November 1949 and the rest of the
provisions on 26th January 1950.
▪ The concept of Liberty, Equality, and Fraternity in our Preamble was adopted from the French
Motto of the French Revolution.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Fundamental Rights

Fundamental rights are the basic human rights protected in the Constitution of India which are
guaranteed to all citizens. They are applicable without discrimination on the basis of race, religion,
gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain
conditions.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:
1. They are enshrined in the Constitution which guarantees them
2. They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of
law.
List of Fundamental Rights
There are six fundamental rights mentioned in the Indian Constitution. They are listed below:
1. Right to equality.
2. Right to freedom.
3. Right against exploitation.
4. Right to freedom of religion.
5. Cultural and educational rights.
6. Right to constitutional remedies.
Right to Property There was one more fundamental right in the Constitution, i.e., the right to property.
• However, this right was deleted from the list of fundamental rights by the 44th Constitutional
Amendment. • This was because this right proved to be a hindrance towards attaining the goal of
socialism, and redistributing wealth (property) equitably among the people. • The right to property is
now a legal right. Fundamental Rights (Articles 12 to 35) Under this section, we list the fundamental
rights in India and briefly describe each of them.
1. Right to Equality (Articles 14 - 18)
Right to equality guarantees equal rights for everyone irrespective of religion, gender, caste, race or
place of birth. It ensures equal employment opportunities in the government, and insures against
discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also
includes the abolition of titles as well as untouchability.
2. Right to Freedom (Articles 19 - 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees freedom to citizens. The freedom right includes many rights such as:
• Freedom of speech
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

• Freedom of expression
• Freedom of assembly without arms
• Freedom of association
• Freedom to practise any profession
• Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and decency and
friendly relations with foreign countries. This means that the State has the right to impose reasonable
restrictions on them.
3. Right against Exploitation (Articles 23 - 24)
This right implies prohibition of traffic in human beings, begar, and other forms of forced labour. It
also implies prohibition of children in factories, etc. The Constitution prohibits the employment of
children under 14 years in hazardous conditions.
4. Right to Freedom of Religion (Articles 25 - 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is
freedom of conscience, profession, practice and propagation of religion. The State has no official
religion. Every person has the right to freely practice his or her faith, establish and maintain religious
and charitable institutions.
5. Cultural and Educational Rights (Articles 29 - 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to
preserve their heritage and culture. Educational rights are for ensuring education for everyone without
any discrimination.
6. Right to Constitutional Remedies (32 - 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government
cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can
approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for
enforcing fundamental rights.
Features of Fundamental Rights
Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If
a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower
courts. He or she should first approach the lower courts.
• Fundamental rights are not absolute rights. They have reasonable restrictions which means they are
subject to the conditions of state security, public morality and decency and friendly relations with
foreign countries.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

• They are justiciable, implying they are enforceable by courts. People can approach the SC directly in
case of violation of fundamental rights.
• Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the
amendment does not alter the basic structure of the Constitution. For more on the basic structure
doctrine, click here.
• Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under
Articles 20 and 21 cannot be suspended.
• The application of fundamental rights can be restricted in an area which has been placed under
martial law or military rule.

Fundamental Duties of the Citizens

42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th
Amendment Act 2002 later added 11th Fundamental Duty to the list.
Article 51A of the Constitution describes the following Fundamental Duties of a citizen:
1. Respect for the Constitution, the national flag and the national anthem;
2. Cherish the noble ideals of the freedom struggle;
3. Uphold and protect the sovereignty, unity and integrity of India;
4. Defend the country and render national service when called;
5. Promote the common brotherhood of all the people of India and renounce any practice derogatory to
the dignity of women;
6. Preserve the rich heritage of the nation’s composite culture;
7. Project the natural environment and have compassion for living creatures;
8. Develop scientific temper, humanism and spirit of inquiry and reform;
9. Safeguard public property and abjure violence; and
10. Strive for excellence in all individual and collective activity.
11. Duty of the parents to send their children to schools for getting education.
The Fundamental Duties are, however, not enforceable by the courts.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Directive Principles of State Policy (DPSP)

Articles 36-51 under Part-IV of Indian Constitution deals with Directive Principles of State Policy
(DPSP). They are borrowed from the constitution of Ireland which had copied it from the Spanish
Constitution.
What are the Directive Principles of State Policy?
DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts
laws. They are Non-justiciable i.e. DPSPs are ideals which are not legally enforceable by the courts for
their violation.
The Directive Principles constitute a very comprehensive social, economic and political programme for
a modern and welfare state.These principles emphasise that the State shall try to promote welfare of
people by providing them basic facilities like shelter, food and clothing. However, the Constitution
itself declares that these principles are fundamental in the governance of the country and it shall be the
duly of the state to apply these principles in making laws. Hence, they impose a moral obligation on the
state authorities for their implementation.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Parliamentary System
India has a parliamentary system of government. The Union Parliament is the supreme legislative body
in the country.The Indian Parliament is a bicameral legislature consisting of two houses – the Lok
Sabha and the Rajya Sabha. The members of the Lok Sabha (House of the People) are directly elected
by the people through the voting process. The members of the Rajya Sabha (Council of States) are
elected by the members of the states’ legislative assemblies. The Parliament consists of the two Houses
and the President of India.
Functions of Parliament
The functions of the Parliament are mentioned in the Indian Constitution in Chapter II of Part V. The
functions of the Parliament can be classified under several heads. They are discussed below:
Legislative Functions
• The Parliament legislates on all matters mentioned in the Union List and the Concurrent List.
• In the case of the Concurrent List, where the State Legislatures and the Parliament have joint
jurisdiction, the union law will prevail over the states unless the state law had received the
earlier presidential assent. However, the Parliament can any time, enact a law adding to,
amending, varying or repealing a law made by a state legislature.
• The Parliament can also pass laws on items in the State List under the following circumstances:
o If Emergency is in operation, or any state is placed under President’s Rule, the
Parliament can enact laws on items in the State List as well.
o As per Article 249, the Parliament can make laws on items in the State List if the Rajya
Sabha passes a resolution by ⅔ majority of its members present and voting, that it is
necessary for the Parliament to make laws on any item enumerated in the State List, in
the national interest.
o As per Article 253, it can pass laws on the State List items if it is required for the
implementation of international agreements or treaties with foreign powers.
o According to Article 252, if the legislatures of two or more states pass a resolution to
the effect that it is desirable to have a parliamentary law on any item listed in the State
List, the Parliament can make laws for those states.
Executive Functions (Control over the Executive)
In the parliamentary form of government, the executive is responsible to the legislature. Hence, the
Parliament exercises control over the executive by several measures.
• By a vote of no-confidence, the Parliament can remove the Cabinet (executive) out of power. It
can reject a budget proposal or any other bill brought by the Cabinet. A motion of no-
confidence is passed to remove a government from office.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

• The MPs (Members of Parliament) can ask questions to the ministers on their ommissions and
commissions. Any lapses on the part of the government can be exposed in the Parliament.
• Adjournment Motion: Allowed only in the Lok Sabha, the chief objective of the adjournment
motion is to draw the attention of the Parliament to any recent issue of urgent public interest. It
is considered an extraordinary tool in Parliament as the normal business is affected.
• The Parliament appoints a Committee on Ministerial Assurances that sees whether the
promises made by the ministers to the Parliament are fulfilled or not.
• Censure Motion: A censure motion is moved by the opposition party members in the House to
strongly disapprove any policy of the government. It can be moved only in the Lok Sabha.
Immediately after a censure motion is passed, the government has to seek the confidence of the
House. Unlike in the case of the no-confidence motion, the Council of Ministers need not resign
if the censure motion is passed.
• Cut Motion: A cut motion is used to oppose any demand in the financial bill brought by the
government.
Financial Functions
Parliament is the ultimate authority when it comes to finances. The Executive cannot spend a single pie
without parliamentary approval.
• The Union Budget prepared by the Cabinet is submitted for approval by the Parliament. All
proposals to impose taxes should also be approved by the Parliament.
• There are two standing committees (Public Accounts Committee and Estimates Committee) of
the Parliament to keep a check on how the executive spends the money granted to it by the
legislature.
Amending Powers
The Parliament has the power to amend the Constitution of India. Both Houses of the Parliament have
equal powers as far as amending the Constitution is concerned. Amendments will have to be passed in
both the Lok Sabha and the Rajya Sabha for them to be effective.
Electoral Functions
The Parliament takes part in the election of the President and the Vice President. The electoral college
that elects the President comprises of, among others, the elected members of both Houses. The
President can be removed by a resolution passed by the Rajya Sabha agreed to by the Lok Sabha.
Judicial Functions
In case of breach of privilege by members of the House, the Parliament has punitive powers to punish
them. A breach of privilege is when there is an infringement of any of the privileges enjoyed by the
MPs.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

• A privilege motion is moved by a member when he feels that a minister or any member has
committed a breach of privilege of the House or one or more of its members by withholding
facts of a case or by giving wrong or distorted facts. Read more on privilege motion.
• In the parliamentary system, legislative privileges are immune to judicial control.
• The power of the Parliament to punish its members is also generally not subject to judicial
review.
• Other judicial functions of the Parliament include the power to impeach the President, the Vice
President, the judges of the Supreme Court, High Courts, Auditor-General, etc.
Other powers/functions of the Parliament
• Issues of national and international importance are discussed in the Parliament. The opposition
plays an important role in this regard and ensures that the country is aware of alternate
viewpoints.
• A Parliament is sometimes talked of as a ‘nation in miniature’.
• In a democracy, the Parliament plays the vital function of deliberating matters of importance
before laws or resolutions are passed.
• The Parliament has the power to alter, decrease or increase the boundaries of states/UTs.
• The Parliament also functions as an organ of information. The ministers are bound to provide
information in the Houses when demanded by the members.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Federal System
Federalism is a system of government in which powers have been divided between the centre and its
constituent parts such as states or provinces. It is an institutional mechanism to accommodate two sets
of politics, one at the centre or national level and second at the regional or provincial level.
Indian Federal System – Two Types of Federations
In a federation system, there are two seats of power that are autonomous in their own spheres. A federal
system is different from a unitary system in that sovereignty is constitutionally split between two
territorial levels so that each level can act independently of each other in some areas.
There are two kinds of federations:
1. Holding Together Federation – in this type, powers are shared between various constituent
parts to accommodate the diversity in the whole entity. Here, powers are generally tilted
towards the central authority. Example: India, Spain, Belgium.
2. Coming Together Federation – in this type, independent states come together to form a larger
unit. Here, states enjoy more autonomy as compared to the holding together kind of federation.
Example: USA, Australia, Switzerland.
Features of the Federal System of India
1. Governments at least two levels
2. Division of powers between various levels
3. Rigidity of constitution
4. Independence judiciary
5. Dual citizenship
6. Bicameralism
All federations might not have all the above features. Some of them may be incorporated depending on
what type of federation it is.
Federalism in India
India is a federal system but with more tilt towards a unitary system of government. It is sometimes
considered a quasi-federal system as it has features of both a federal and a unitary system. Article 1 of
the Indian Constitution states, ‘India, that is Bharat, shall be a union of states. The word federation is
not mentioned in the constitution.
Elements of federalism were introduced into modern India by the Government of India Act of
1919 which separated powers between the centre and the provincial legislatures.
Federal Features of the Indian Union
• Governments at two levels – centre and states
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

• Division of powers between the centre and states – there are three lists given in the Seventh
Schedule of the Constitution which gives the subjects each level has jurisdiction in:
o Union List
o State List
o Concurrent List
• Supremacy of the constitution – the basic structure of the constitution is indestructible as laid
out by the judiciary. The constitution is the supreme law in India.
• Independent judiciary – the constitution provides for an independent and integrated judiciary.
The lower and district courts are at the bottom levels, the high courts are at the state levels and
at the topmost position is the Supreme Court of India. All courts are subordinate to the Supreme
Court.
Unitary Features of the Indian Union
• The flexibility of the constitution – the constitution is a blend of flexibility and rigidity. Certain
provisions of the constitution can be easily amended. In case the amendments seek to change
aspects of federalism in India, the provision to bring about such amendments is not easy.
• More power vests with the Centre – the constitution guarantees more powers with the Union
List. On the Concurrent List, the parliament can make laws that can override the laws made by a
state legislature on some matters. The parliament can also make laws regarding certain subjects
in the State List. (Read about the Union and Concurrent List mentioned in the 7th Schedule of
the Constitution; linked in the article.)
• Unequal representation of states in the Rajya Sabha – the representation of the states in the
upper house is based on the states’ populations. For example, Uttar Pradesh has 31 seats and
Goa, 1 in the Rajya Sabha. In an ideal federal system, all the states should have equal
representation.
• The executive is a part of the legislature – in India, the executive in both the centre and the
states is a part of the legislature. This goes against the principle of division of powers between
the different organs of the government.
• Lok Sabha is more powerful than the Rajya Sabha – in our system, the Lok Sabha is more
powerful than the upper house and unequal powers to two houses is against the principle of
federalism.
• Emergency powers – the centre is provided with emergency powers. When an emergency is
imposed, the centre has increased control over states. This undermines the autonomy of the
states.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

• Integrated judiciary – the judiciary in India is integrated. There is no separate judiciary at the
centre and the state levels.
• Single citizenship – in India, only single citizenship is available to citizens. They cannot be
citizens of the state as well. This helps in increasing the feeling of nationality as it forges unity
amidst regional and cultural differences. It also augments fundamental rights such as the
freedom of movement and residence in any part of the nation.
• Governor’s appointment – the governor of a state acts as the centre’s representative in the state.
The state government does not appoint the governor, the centre does.
• New states formation – the parliament has the power to alter the territory of a state by
increasing or reducing the area of the state. It can also change the name of a state.
• All India Services – through the All India Services such as the IAS, IPS, IRS, etc. the centre
interferes in the executive powers of the states. These services also offer uniformity in
administration throughout the nation.
• Integrated election machinery – the Election Commission of India is responsible for conducting
free and fair elections at both the centre and the state levels in India. The members of the EC are
appointed by the president.
• Veto over states bills – The governor of a state can reserves certain kinds of bills for the
president’s consideration. The president enjoys absolute veto on these bills. He can even reject
the bill at the second instance that is, when the bill is sent after reconsideration by the state
legislature. This provision is a departure from the principles of federalism.
• Integrated audit machinery – the president of the country appoints the CAG who audits
accounts of both the centre and the states.
• Power to remove key officials – the state government or state legislature does not have the
authority to remove certain key government officials even at the state level like the election
commissioner of a state, judges of the high courts, or the chairman of the state public service
commissions.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Amendment of the Constitutional Powers and Procedure

Necessity of Amendment
The time is not static, it goes on changing. It is necessary to make changes in the Constitution. The
social, economic, political condition of the people goes on changing. If the changes were not done in
the Constitution, we would be unable to encounter the future difficulties and it will become a hurdle in
the path of development.
In 70 years of the Constitution, 104 Amendments are already done. The 42nd Amendment is
considered as the terms socialist, secular, integrity was inserted through it. The First Amendment was
done in the year 1950.

Amendments of the Indian Constitution – What is Article 368?

To define constitutional amendment process, Article 368 of Part XX of Indian Constitution provides for
two types of amendments.
1. By a special majority of Parliament
2. by a special majority of the Parliament with the ratification by half of the total states
But some other articles provide for the amendment of certain provisions of the Constitution by a simple
majority of Parliament, that is, a majority of the members of each House present and voting (similar to
the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the
Constitution for the purposes of Article 368.
Any of these amendments follow a certain procedure.
Types of Amendments in Indian Constitution
The list of types of amendments can be found below. There are three ways in which the Constitution
can be amended:
1. Amendment by simple majority of the Parliament
2. Amendment by special majority of the Parliament
3. Amendment by special majority of the Parliament and the ratification of at least half of the state
legislatures.
A brief description of the above types of amendments of the Indian Constitution has been laid down
below.
1. By Simple Majority of Parliament
A number of provisions in the Constitution can be amended by a simple majority of the two houses of
Parliament outside the scope of Article 368. These provisions include:
• Admission or establishment of new states.
• Formation of new states and alteration of areas, boundaries or names of existing states.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

• Abolition or creation of legislative councils in states.

• Second Schedule-emoluments,
• Allowances and privileges of the President, the Governors, the Speakers, Judges, etc.
• Quorum in Parliament.
• Salaries and allowances of the members of Parliament.
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members and its committees.
• Use of the English language in Parliament.
• Number of puisne judges in the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Citizenship-acquisition and termination.
• Elections to Parliament and state legislatures.
• Delimitation of constituencies.
• Union territories
• Fifth Schedule-administration of scheduled areas and scheduled tribes.
• Sixth Schedule-administration of tribal areas.
2. By Special Majority of Parliament
• The majority of the provisions in the Constitution need to be amended by a special majority of
the Parliament, that is, a majority (that is, more than 50 percent) of the total membership of each
House and a majority of two-thirds of the members of each House present and voting. The
expression ‘total membership’ means the total number of members comprising the House
irrespective of the fact whether there are vacancies or absentees.
• The special majority is required only for voting at the third reading stage of the bill but by way
of abundant caution, the requirement for the special majority has been provided for in the rules
of the Houses in respect of all the effective stages of the bill.
• The provisions which can be amended by this way include: (i) Fundamental Rights; (ii)
Directive Principles of State Policy; and (iii) All other provisions which are not covered by the
first and third categories.
3. By Special Majority of Parliament and Consent of States
Those provisions of the Constitution which are related to the federal structure of the polity can be
amended by a special majority of the Parliament and also with the consent of half of the state
legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it
does not matter; the moment half of the states give their consent, the formality is completed. There is
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

no time limit within which the states should give their consent to the bill. The following provisions can
be amended in this way:
• Election of the President and its manner.
• Extent of the executive power of the Union and the states.
• Supreme Court and high courts.
• Distribution of legislative powers betweenthe Union and the states.
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.
• Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
Constitutional Amendment Process
The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:
• An amendment of the Constitution can be initiated only by the introduction of a bill for the
purpose in either House of Parliament (Lok Sabha & Rajya Sabha) and not in the state
legislatures.
• The bill can be introduced either by a minister or by a private member and does not require
prior permission of the president.
• The bill must be passed in each House by a special majority, that is, a majority (that is, more
than 50 per cent) of the total membership of the House and a majority of two-thirds of the
members of the House present and voting.
• Each House must pass the bill separately.
• In case of a disagreement between the two Houses, there is no provision for holding a joint
sitting of the two Houses for the purpose of deliberation and passage of the bill.
• If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by
the legislatures of half of the states by a simple majority, that is, a majority of the members of
the House present and voting.
• After duly passed by both the Houses of Parliament and ratified by the state legislatures, where
necessary, the bill is presented to the president for assent.
• The president must give his assent to the bill. He can neither withhold his assent to the bill nor
return the bill for reconsideration of the Parliament
• After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and
the Constitution stands amended in accordance with the terms of the Act.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

The historical perspectives of the constitutional amendments in India

Major Amendments made to the Constitution of India
On 26 January 1950, the Constitution of India came into effect. With its adoption, India became a
Republic. The Constitution of India took 2 years, 11 months and 18 days to get drafted. It is the longest
constitution in the world. From time to time, amendments have been introduced in the constitution for
various reasons. These are majorly for the welfare of the people of India. Below are some of the
important amendments to the Constitution.
1) Seventh Amendment(1956) – States Reorganization Act 1956 on the linguistic basis and
abolition of Class A, B, C, D states.
Since the Independence of India, this amendment has been the most significant reform of the
boundaries of state and territories of India. In this amendment, not only the boundaries of state and
territories were revised on the linguistic basis but also the four categories of states (Part A, Part B, Part
C and Part D states) were abolished. It is in this amendment that only certain areas were classified as
Union Territories.

2) Twenty-sixth Amendment (1971) – Abolition of Privy Purse paid to the former ruler of
statesAfter the independence of India in the year 1947, royal families of princely states were given
Privy Purse (amount of money paid to the former ruler of the states before the independence of India)
to integrate with India. In the year 1971, an amendment was introduced in the Indian Constitution to
abolish the policy of paying Privy Purse. In 1949, the royal families lost all ruling rights after merging
with India. The Privy Purse continued to be paid to some of the royal families even after the twenty-
sixth amendment to the Constitution of India in 1971. There was two years legal battle and finally, all
allowances and privileges provided to the royal families were ceased by the Central Government.

3) Thirty-sixth amendment (1975) – Sikkim included as an Indian State

Although after the Independence of India many states including Pondicherry, Goa, etc were
incorporated in India but the addition of Sikkim was a bit different. It is because Sikkim was the first
and the only associate state of the Indian Union. Before 1974 no concept of associate state existed in
the Indian Constitution. After the thirty-fifth amendment was made to the Article 2A of the Indian
constitution, the constitution was again amended in April 1975 in which Amendment 36 was
introduced to repeal Article 2A, and add Article 371F. This was done to protect the unique identity and
old laws of Sikkim, along with other small amendments.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

4) Forty-second Amendment Act(1976) – Fundamental Duties Prescribed

This amendment was enacted during the emergency (25 June 1975 – 21 March 1977) by the Indian
National Congress government headed by Indira Gandhi. It is the most controversial amendment in the
Indian history. It is known as “mini-Constitution” or the “Constitution of Indira”. It is due to the Forty-
second Amendment to the Indian Constitution that India became a Socialist, Secular and Democratic
Republic. Changes were made to almost every part of the Constitution which includes the Preamble
too. New articles and sections were also included. Fundamental duties were also added to the Indian
Constitution. The changes made in the constitutional amendments were beyond judicial scrutiny. Many
more changes like including the directive principles were also introduced.

5) Fifty-Second Amendment (1985) – Defection to another party after the election made illegal.
Fifty-second Amendment to the Indian Constitution is commonly known as Anti- Defection Law. It
added the tenth schedule to the Constitution of India which laid down the process by which the
legislators may be disqualified on grounds of defection from one party to another. There was a change
in articles 101, 102, 190 and 191 due to this amendment.

6) Sixty-first amendment (1989) – Voting age reduced from 21 to 18

It was in the Sixty-first Amendment of 1989 that the voting age of elections to the Lok Sabha and to the
Legislative Assemblies of States was reduced from 21 years to 18 years. Amendment in Article 326 of
the Indian Constitution led to this change as the article is concerned about elections to the Lok Sabha
and the Assemblies. The decision was taken keeping in mind that the youth of India is given an
opportunity to become a part of the political process instead of being unrepresented. Therefore, the
voting age was reduced.

7) Seventy-third Amendment (1993) – Introduction of Panchayati Raj, the addition of Part IX to

the Constitution.
This amendment added part IX to the Indian Constitution and was entitled “Panchayats”. It was passed
in April 1993 by the Parliament. It is because of this amendment that a constitutional status was
provided to the Panchayati Raj institutions in India. Article 243 was also inserted to Part IX of the
Constitution. This amendment deals with Article 243-G and contains 29 functional items. It has given
practical shape to Article 4Q of the Constitution. It is because of this amendment that the Panchayati
Raj institutions are given a constitutional status. The act has provisions which are grouped into two
categories- compulsory and voluntary.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

8) Seventy-fourth Amendment (1993)- Introduction of Nagarpalikas and Municipalities

It is due to this Amendment Act that the municipalities were given constitutional status and they came
under the purview of judicial review. This Amendment consists of provisions from Articles 243-P to
243-ZG and is entitled as ‘The Municipalities’. It contains 18 functional items which are listed under
Article 243-W of municipalities and has also added a new twelfth schedule to the Constitution. The aim
of this Act is to revitalize and strengthen the urban governments so that they may function as effective
units of local government. The act further states there should be three types of municipalities in every
state – A Nagar Panchayat, A municipal council for a smaller urban area and A municipal corporation
for a larger urban area’.

9) Eighty-sixth Amendment(2002) – Right to Education

With the eighty-sixth amendment to the Constitution of India, free and compulsory education for the
children under the age of 6 to 14 was made as a fundamental right. A new article 21A was inserted
below the Article 21 in the Eighty-sixth Amendment in the year 2002 to make this a fundamental right.
Through this amendment education for all children below 6 years became a Directive Principle for
State Policy (DPSP). This amendment also made the opportunities for education to a child, a
fundamental duty of the child’s parents. Under this amendment, no child is liable to pay any kind of fee
for education below 14 years of age. The school should have basic facilities such as trained teachers,
playgrounds, and infrastructure.

10) One hundred and First Amendment (2016) – Introduction of GST

Under this amendment, the Goods and Service Tax was introduced in India on July 1, 2017. This act
contains the provisions which are necessary for the implementation of the GST regime. There are 20
sections in this amendment.

11) One Hundred and Second Constitutional Amendment (2018) – Establishment of NCBC
Through the 123rd constitutional amendment bill 2018 and 102nd amendment act, the National
Commission for Backward Classes was formatted. Under the act, the inclusion and exclusion of the
backward communities for reservation in jobs.

12) One Hundred and Third Constitutional Amendment (2019) – Abrogation of Article 370 and
35 A
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

The state of Jammu & Kashmir which was granted a special status under Article 370 was scrapped in
2019 asserting that the this will ensure the development of the state and free the region from terrorism.
Under 35 A which defines “permanent residents” of the J&K state and also used to provide special
rights to protect permanent residents of the state has been scrapped.

13) The Citizenship Amendment Act (2019) – Indian Nationality to Non-Muslim Refugees
Under the Citizenship Amendment Act of 1955 which was passed in 2019, Indian citizenship will be
given to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religion minorities who are persecuted
because of religion from Muslim neighbouring countries like Bangladesh, Afghanistan, Pakistan before
December 2014.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Subjects of Union, State, and Concurrent Lists

The Constitution of India provides for a division of powers between the Union (Centre) and states. It
divides all the subjects into 3 lists – Union List, State List, and Concurrent List the Union List describe
the subjects under the control Centre Government, the State List describes the subjects under the
jurisdiction of states being the Concurrent List describes the subjects which are under the joint
jurisdiction of the Centre of States. The subjects which do not fall in these lists i.e. residuary subjects
have been given to the Centre.
Subjects of Three Lists:
1. The Union List Subjects (97 Subjects) -
The Union List is the longest of the three lists. It lists 97 subjects on which the Union Parliament can
pass laws. The effective strength of the Union List is now 98. The main subjects of the Union List are:
Defence, Foreign Affairs, Currency and Coinage, War and Peace, Atomic Energy, National Resources,
Railways, Post and Telegraph, Citizenship, Navigation and Shipping, Foreign Trade, Inter-State Trade
and Commerce, Banking, Insurance, National Highways, Census, Election, Institutions of higher
education and others.
2. State List (66 Subjects) -
State List enumerates the subjects on which each State Legislature can legislate and such laws operate
within the territory of each state. The main subjects of the State List are: public order, police, state
court fees, prisons, local government, public health and sanitation, hospitals and dispensaries,
pilgrimages within India, intoxicating liquors, relief of disabled and unemployable, libraries,
communications, agriculture, animal husbandry, water supply, irrigation and canals, fisheries, road
passenger tax and goods tax, capitation tax and others.
3. Concurrent List (47 Subjects) -
The Union Parliament, as well as the State Legislatures, have the power to legislate over the subjects
listed in List III (Concurrent List). The main subjects listed in this list are : criminal law, criminal
procedure, preventive detention for reasons concerned with the security of state, marriage and divorce,
transfer of property other than agricultural land, contract, actionable wrongs, bankruptcy and
insolvency, trust and trustees, administration of justice, evidence and oaths, civil procedure, contempt
of court, lunacy, prevention of cruelty to animals, forests, protection of wild animals and birds,
population control and family planning, trade unions, education, labour welfare, inland shipping and
navigation, food stuffs, price control, stamp duties, and others. The actual strength of the Concurrent
List is 52 as five more entries were inserted by the 42nd Constitutional Amendment.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

EMERGNCY PROVISIONS
A state of emergency in India refers to a period of governance that can be proclaimed by the President
of India during certain crisis situations. Under the advice of the cabinet of ministers, the President can
overrule many provisions of the Constitution, which guarantees Fundamental Rights to the citizens of
India.
▪ The emergency provisions are contained in Part XVIII of the Constitution of India, from Article
352 to 360. These provisions enable the Central government to meet any abnormal situation
effectively.
▪ The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and
security of the country, the democratic political system and the Constitution.
▪ The Constitution stipulates three types of emergencies-
1. National Emergency
2. Constitutional Emergency
3. Financial Emergency

(A) NATIONAL EMERGENCY

▪ National emergency can be declared on the basis of war, external aggression or armed rebellion.
The Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of
this type.
▪ Grounds of declaration:
✓ Under Article 352, the president can declare a national emergency when the security of India or a
part of it is threatened by war or external aggression or armed rebellion.
✓ The President can declare a national emergency even before the actual occurrence of war or armed
rebellion or external aggression
✓ When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is
known as ‘External Emergency’. On the other hand, when it is declared on the grounds
of ‘armed rebellion’, it is known as ‘Internal Emergency’.
• This term ‘armed rebellion’ is inserted from the 44th amendment. Before this term it was known
as internal disturbance.
Example:
If India and Pakistan openly accept that they will use armed forces against each other is simply war.
o If there is no formal declaration that there will be armed forces used against a country is
External aggression.
o And if because of these two grounds an emergency is proclaimed as an external emergency.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

Facts
▪ The 38th Amendment Act of 1975 made the declaration of National Emergency immune to judicial
review. But this provision was subsequently deleted by the 44th Amendment Act of 1978.
▪ In Minerva Mills case (1980), the Supreme Court held that National Emergency can be challenged
in the court on the ground of malafide or that the declaration was based on wholly extraneous and
irrelevant facts.
▪ Parliamentary approval and duration
o The proclamation of emergency must be approved by both the houses of parliament within one
month from the date of its issue.
o However, if the proclamation of emergency is issued at a time when the Lok Sabha has been
dissolved or the dissolution takes place during the period of one month without approving the
proclamation, then the proclamation survives until 30 days from the first sitting of Lok Sabha
after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
o If approved by both the houses, the Emergency continues for 6 months and can be extended to
an indefinite period with an approval of the Parliament for every six months.
o Every resolution approving the proclamation of emergency or its continuance must be passed
by either House of Parliament by a special majority.
▪ Revocation of proclamation
o A proclamation of Emergency may be revoked by the President at any time by a subsequent
proclamation. Such proclamation does not require parliamentary approval.
o The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority
disapproving its continuation.
▪ Effects of national emergency
o A proclamation of Emergency has drastic and wide-ranging effects on the political system. These
consequences can be grouped into 3 categories:
• Effects on the centre-state relations: While a proclamation of Emergency is in force, the
normal fabric of the Centre-State relations undergoes a basic change. this can be studied
under three heads:
• Executive: Centre becomes entitled to give executive directions to a state on ‘any’
matter
• Legislative: The parliament becomes empowered to make laws on any subject
mentioned in the state list, the president can issue ordinances on State subjects also, if
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

the parliament is not in session. The laws made on state subjects by the parliament
become inoperative six months after the emergency has ceased to be in operation.
• Financial: The president can modify the constitutional distribution of revenues between
the centre and the states.
• Effect on the life of the Lok Sabha and State Assembly:
• While a proclamation of National Emergency is in operation, the life of the Lok Sabha
may be extended beyond the normal term for one year at a time. However, this
extension cannot continue beyond a period of six months after the emergency has
ceased to operate.
• Similarly, the Parliament may extend the normal tenure of a state Legislative Assembly
by one year each time during a national emergency, subject to a maximum period of six
months after the emergency has ceased to operate.
• Effect on fundamental rights: Articles 358 and 359 describes the effect of a National
Emergency on the Fundamental Rights. These two provisions are explained below:
• Suspension of Fundamental rights under Article 19: According to Article 358, when
a proclamation of National Emergency is made, the six fundamental rights under article
19 are automatically suspended. Article 19 is automatically revived after the expiry of
the emergency.
• The 44th Amendment Act laid out that Article 19 can only be suspended when the
National Emergency is laid on the grounds of war or external aggression and not in
the case of armed rebellion.
• Suspension of other Fundamental Rights: Under Article 359, the President is
authorised to suspend, by order, the right to move any court for the enforcement of
Fundamental Rights during a National Emergency. Thus, remedial measures are
suspended and not the Fundamental Rights.
• The suspension of enforcement relates to only those Fundamental Rights that are
specified in the Presidential Order.
• The suspension could be for the period during the operation of emergency or for a
shorter period.
• The Order should be laid before each House of Parliament for approval.
• The 44 Amendment Act mandates that the President cannot suspend the right to
move the court for the enforcement of Fundamental Rights guaranteed by Article 20
and 21.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

▪ Declarations made so far: This type of emergency has been proclaimed three times so far- in
1962, 1971 and 1975
o The first proclamation of National Emergency was issued in October 1962 on account of
Chinese aggression in the NEFA and was in force till January 1968.
o The second proclamation of National Emergency was made in December 1971 in the wake of
the attack by Pakistan.
o Even when the emergency was in operation, the third proclamation of National Emergency was
made in June 1975. Both the second and the third proclamations were revoked in March 1977
(B) President’s Rule
▪ Article 355 imposes a duty on the centre to ensure that the government of every state is carried on
in accordance with the provisions of the constitution.
▪ It is this duty in the performance of which the centre takes over the government of a state under
Article 356 in case of failure of constitutional machinery in a state.
▪ This is popularly known as ‘President’s Rule’.
▪ Grounds of imposition: the president’s ruler can be proclaimed under Article 356 on two grounds:
1. Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has
arisen in which the government of a state cannot be carried on in accordance with the provisions
of the constitution.
2. Article 356 says that whenever a state fails to comply with or to give effect to any direction from
the centre, it will be lawful for the President to hold that a situation has arisen in which the
government of the state cannot be carried on in accordance with the provisions of the
constitution.
▪ Parliamentary approval and duration: A proclamation imposing president’s rule must be
approved by both the houses of parliament within two months from the date of its issue.
1. However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has
been dissolved or the dissolution of the Lok Sabha takes place during the period of two months
without approving the proclamation, then the proclamation survives until 30 days from the first
sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the
meantime.
▪ Consequences of the President’s rule: The President acquires the following extraordinary powers
when the President’s rule is imposed in a state:
1. He can take up the functions of the state government and powers vested in the governor or any
other executive authority in the state.
2. He can declare that the powers of the state legislature are to be exercised by the parliament.
Constitution of India, Law & Engineering (KNC-501) Dr. Rajeev Rajput
Assistant Professor
ABESIT

3. He can take all other necessary steps including the suspension of the constitutional provisions
relating to anybody or authority in the state.
▪ Scope of judicial review: The 38th Amendment act of 1975 made the satisfaction of the President
in invoking Article 356 final and conclusive which would not be challenged in any court on any
ground.
1. But this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that
the satisfaction of the President is not beyond judicial review.
(C)Financial Emergency
▪ Grounds of declaration: Article 360 empowers the president to proclaim a Financial Emergency
if he is satisfied that a situation has arisen due to which the financial stability or credit of India or
any part of its territory is threatened.
▪ Parliamentary approval and duration: A proclamation declaring financial emergency must be
approved by both the Houses of Parliament within two months from the date of its issue.
o However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha
has been dissolved or the dissolution of the Lok Sabha takes place during the period of two
months without approving the proclamation, then the proclamation survives until 30 days from
the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the
meantime approved it.
• Once approved by both the houses of Parliament, the Financial Emergency continues
indefinitely till it is revoked.
Effects of Financial Emergency
▪ Extension of the executive authority of the Union over the financial matters of the States.
▪ Reduction of salaries and allowances of all or any class of persons serving in the State.
▪ Reservation of all money bills or other financial bills for the consideration of the President after
they are passed by the legislature of the State.
▪ Direction from the President for the reduction of salaries and allowances of all or any class of
persons serving the Union; and the judges of the Supreme Court and the High Courts.