I.

Historical Background of the Constitution of India

India is a parliamentary democracy where the executive is responsible to the legislature. Many
features of the Indian polity and constitution have their legacy in the British systems of administration
that the colonial rulers had devised and employed in managing affairs in India.
Regulating Act 1773
 First time the British Parliament resorted to regulate the affairs of the East India Company.
 The Governor of Bengal was made the Governor-General of Bengal (Warren Hastings).
 An Executive Council of the Governor-General was created with 4 members.
 Centralised the administration with the Presidencies of Madras and Bombay being made
subordinate to the Bengal Presidency.
 Supreme Court was established at Calcutta as the Apex Court in 1774.
 Prohibited company officials from engaging in private trade and from accepting gifts from
Indians.
Pitt’s India Act 1784
 Commercial and political functions of the company separated. The Court of Directors
managed the commercial activities while the Board of Control managed political affairs.
 The company territories in India were called ‘British possession in India’.
 Governor’s Councils were set up in Madras and Bombay as well. Charter Act 1813
 This act ended the East India Company’s monopoly over trade with India. Trade with India
was open to all British subjects. Charter Act 1833
 Governor-General of Bengal was designated the Governor-General of India (Lord William
Bentinck).
 The legislative powers of the Bombay and Madras Presidencies were removed.
 This act ended the commercial activities of the company and it was transformed into an
administrative body.Charter Act 1853
 The legislative and executive powers of the Governor-General’s Council were separated.
 A Central Legislative Council was created of 6 members out of which 4 were appointed by
the provisional governments of Madras, Bombay, Agra and Bengal.
 The Indian civil service was opened as a means to recruit officers for administration through
open competition.
Government of India Act 1858
 After the 1857 revolt, the rule of the company was ended and the British possessions in
India came directly under the British Crown.
 The office of the Secretary of State for India was created. He was assisted by a 15-member
Council of India.
 The Indian administration was under his authority and the Viceroy was his agent. The
Governor General was designated the Viceroy as well (Lord Canning).
 The Court of Directors and the Board of Control were abolished. Indian Councils Act 1861
 Indians were given representation in the Viceroy’s Councils. 3 Indians entered the Legislative
Council.
 Provisions were made for the entry of Indians in the Viceroy’s Executive council also as non-
official members.
 Portfolio system was recognised.
  Decentralisation initiated with the presidencies of Madras and Bombay being restored their
legislative powers.
Indian Councils Act 1892
 Indirect elections (nominations) were introduced.
 Legislative Councils expanded. Gave more functions to the legislative councils such as the
discussion of budget and questioning the executive.
Indian Councils Act 1909 (Morley-Minto Reforms)
 Direct elections to the legislative councils were introduced for the first time.
 Central Legislative Council became the Imperial Legislative Council.
 Number of members of the legislative council was increased from 16 to 60.
 The concept of separate communal electorate was accepted.
 For the first time, an Indian was made a member of the Viceroy’s Executive Council.
(Satyendra Prasad Sinha – Law Member).
Government of India Act 1919 (Montague-Chelmsford Reforms)
 Central and provincial subjects were separated.
 Diarchy was introduced in the provincial governments with executive councillors being in
charge of the reserved list and the ministers in charge of the transferred list of subjects.
 The ministers were nominated from among the elected members of the legislative council
and were responsible to the legislature.
 Bicameral legislature was introduced for the first time at the centre. (Legislative council and
legislative assembly later to become Rajya Sabha and Lok Sabha respectively).
 It mandated 3 members of the Viceroy’s executive council to be Indians.
 This act provided for the first time, the establishment of a public service commission in India.
 This act extended the right to vote and with this about 10% of the population acquired
voting rights.
Government of India Act 1935
 An all-India Federation was proposed which would consist of British India and the princely
states. This never materialised though.
 Subjects were divided between the centre and the provinces. Centre was in charge of the
Federal List, provinces in charge of the Provincial List and there was a Concurrent List which
both catered to.
 Diarchy was abolished at the provincial level and introduced at the centre.
 More autonomy was accorded to the provinces and in 6 out of 11 provinces, bicameral
legislature was introduced.
 A federal court was established and the Indian Council abolished.
 Burma and Aden was severed off from India.
 This act provided for the establishment of the RBI.
 This Act continued until it was replaced by the new Indian Constitution.
Indian Independence Act 1947
 India was declared independent and sovereign.
 The Viceroy and the Governors were made constitutional (nominal) heads.
 Set up responsible governments at the centre and the provinces.
 Assigned both legislative and executive powers to the Constituent Assembly of India
 II. Features of Indian Constitution
There are 470 articles in 25 parts, 12 schedules, 5 appendices with more than 100
amendments (Total 104 Amendments) in the Indian Constitution.

What is a Constitution?
Broadly speaking, it is a set of rules, written and unwritten, that seeks to establish the duties,
powers and functions of the various institutions of government, regulate the relationships
between them and define the relationships between the state and the individual.
Salient Features of the Constitution of India
(i) A written and lengthy constitution
 The Constitution of India is a single, written document (unlike the British constitution which
is not a single, written document, but is drawn from legislation, treaties, judicial precedents,
convention, and numerous other sources). It was framed by a Constituent Assembly which
was established for the purpose in 1946. As originally adopted, it had 22 Parts, 395 Articles
and 8 Schedules. A number of amendments, passed since its enforcement in 1950, have also
become a part of the Constitution.
 The Constitution of India is the lengthiest constitution in the world as no other constitution
contains as many articles.
 The constitution of USA has 7 Articles, of China 138, Japan 103, and Canada 107 Articles.
(ii) Single Constitution
Unlike the US which is considered as role model of federalism, India has a single Constitution,
that is, the Indian states do not have separate Constitutions.
(iii) Sovereign, socialist, secular, democratic, republic
 The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Republic.
The words, 'Socialist' and 'secular' were added in the Preamble of the Constitution by 42nd
amendment which was passed in 1976.
 Sovereign means absolutely independent; it is not under the control of any other state.
 Socialist - Word 'Socialist' was added in the Preamble by 42nd Amendment of the
Constitution which was passed in 1976. This implies a system which will endeavour to avoid
concentration of wealth in a few hands and will assure its equitable distribution.
 Secular - The word 'Secular', like Socialist, was also added in the Preamble by 42nd
Amendment of the Constitution. There is no state religion in India. Every citizen is free to
follow and practise the religion of his/her own choice. The state cannot discriminate among
its citizens on the basis of religion.
 Democratic – It means that the power of the government is vested in the hands of the
people. People exercise this power through their elected representatives who, in turn, are
responsible to them. All the citizens enjoy equal political rights.
 Republic – It means that the head of the State is not a hereditary monarch but a President
who is indirectly elected by the people for a definite period.
(iv) Unique blend of rigidity and flexibility
 Whether a constitution is rigid or flexible depends on the process of amendment. If the
constitutional laws and ordinary laws are amended separate ways, it is a rigid constitution.
 On the contrary, in a flexible constitution, constitutional laws and ordinary laws are amended
in the same way.
 Some provisions of the Constitution of India can be amended by the Indian Parliament with
simple majority. The amendment of most provisions of the constitution requires a special
majority in both houses of the parliament.
 There are some other provisions of constitution which cannot be amended by the parliament
alone. In case of such provision the amending bill has first to be approved by both houses of
parliament by a special majority (with the support of two-thirds of the members of each house
present and voting). Then it has to be ratified by the legislatures of at least half of the states
of India.
 So, there is a balance between rigidity and flexibility in our constitution. Some amount of
flexibility was introduced into our constitution in order to encourage its growth.
(v) Patchwork, but a beautiful patchwork
The Indian Constitution is often referred to as a patchwork. It has been inspired and derived
from various sources.
The best features of various constitutions have been incorporated in our constitution.
(vi) Parliamentary Form of Government
The parliamentary form, borrowed from the British system, is based on the principle of
cooperation and coordination between the legislative and executive. This form of government
is alternatively known as the Westminster model of government. It is also called responsible
government and cabinet government. According to the constitution, not only the centre, the
parliamentary form is followed even in the states.
In India, the features of the parliamentary form of government are as follows:
1. Nominal and real executives
2. Rule of the majority party
3. Collective responsibility of the executive to the legislature
4. Membership of the ministers in the legislature
5. Leadership of the prime minister or the chief minister
6. Dissolution of the lower House
There are some basic differences between the Indian and the British models, even though
both follow the parliamentary form of government. The Indian parliament is not a sovereign
body; the British Parliament is. Also, the Indian State has an elected head (since it is a
republic) while the British head is hereditary (since Britain is a constitutional monarchy).
(vii) Fundamental rights and duties
 The Constitution of India guarantees six fundamental rights to every citizen.These are:
i. Right to Equality.
ii. Right to Freedom.
iii. Right against Exploitation.
iv. Right to Freedom of Religion.
v. Cultural and Educational Rights.
vi. Right to Constitutional Remedies.
  The Constitution initially did not provide for Fundamental Duties. By 42nd Amendment of the
Constitution, ten Fundamental Duties of citizens have also been added. Currently there are 11
Fundamental Duties.
(viii) Directive principles of state policy
The Directive Principles of State Policy are listed in Part Four of the Constitution. The framers
of our constitution took the idea of having such principles from the Irish Constitution. These
principles are instructions given by the Constitution to government.
All the governments-Central, State and Local-are expected to frame their policies in
accordance with these principles. The aim of these principles is to establish a welfare state in
India. They, however, are not binding on the government-they are mere guidelines.
(ix) Single citizenship
In federation, normally we have double citizenship. In U.S.A. every citizen besides being a
citizen of United States of America is the citizen of the state in which he or she resides. But
the Constitution of India provides for single citizenship - every Indian, irrespective of his place
of birth or residence, is a citizen of India.
(x) Universal adult franchise
The constitution provides for Universal Adult Franchise (article 326). It means that every
citizen who is 18 years of age or more is entitled to cast his/her vote irrespective of his caste,
creed, sex, religion or place of birth.
(xi) Affirmative action
The Constitution provides for affirmative action by the State to improve the conditions of the
weaker sections of society by providing reservations in the legislatures and government jobs
(articles 15 & 16).
(xii) Independent judiciary
The Indian Constitution provides for an independent judiciary. The judiciary has been made
independent of the Executive as well as the Legislature. The judges give impartial justice.
(xiii) Independent agencies
The Constitution provides for some Independent Agencies to perform functions allotted to
them. The important agencies are
i. Election Commission (article 324)
ii. Comptroller and Auditor General (article 148)
iii. Union and State Public Service Commissions (article 315)
(iv) Finance Commission (article 280)
(xiv) Emergency provisions
The framers of our constitution had realised that there could be certain dangerous situations
when government could not be run as in ordinary time. Hence our constitution contains certain
emergency provisions. During emergency the fundamental rights of the citizens can be
suspended and our government becomes a unitary one.
The Constitution makes provisions for the proclamation of
 National Emergency under Article 352,
 State Emergency under Article 356 and
 Financial Emergency under Article 360.
(xv) Federal System with Unitary Bias
The constitution establishes a federal government system in India.
All the expected features of a federal state such as
 two government levels,
 division of power,
 supremacy and rigidity of the constitution,
 written constitution and
 bicameralism are present.
But, the constitution also contains many features of a unitary form of government such
as
 single citizenship,
 strong centre,
 single constitution,
 flexibility of constitution,
 all-India services,
 integrated judiciary,
 appointment of state governor by the Centre,
 emergency provisions, and so on.
In addition, the term ‘federation’ is not mentioned in the constitution. Article 1 says India is a
‘Union of States’, implying –
1. The Indian federation is not the result of an agreement by the states.
2. States do not have the right to secede from the federation.

III. Sources of Indian Constitution

Indian Constitution has absorbed those features from other nations’ constitutions that suited Indian
problems and aspirations. Constituent Assembly took the best of features from everywhere and made
them its own. The list of countries from where we have borrowed a few features and the details of
those are given in the table below:
S.No Countries Borrowed Features
1 Government of India Act  Federal Scheme
of 1935  Office of governor
 Judiciary
 Public Service Commissions
 Emergency provisions
 Administrative details
2 Australian Constitution  Concurrent list
 Freedom of trade, commerce and
intercourse
 Joint-sitting of the two Houses of
Parliament
3 Canadian Constitution  Federation with a strong Centre
 Vesting of residuary powers in the
Centre
  Appointment of state governors by the
Centre
 Advisory jurisdiction of the Supreme
Court
4 Irish Constitution  Directive Principles of State Policy
 Nomination of members to Rajya Sabha
 Method of election of the president
5 Japanese Constitution  Procedure Established by law
6 Soviet Constitution  Fundamental duties
(USSR) (now, Russia)  Ideal of justice (social, economic and
political) in the Preamble
7 British Constitution  Parliamentary government
 Rule of Law
 Legislative procedure
 Single Citizenship
 Cabinet system
 Prerogative writs
 Parliamentary privileges
 Bicameralism
8 American Constitution  Fundamental rights
 Independence of judiciary
 Judicial review
 Impeachment of the president
 Removal of Supreme Court and High
Court judges
 Post of vice-president
9 Weimar Constitution  Suspension of Fundamental Rights
(Germany) during emergency
10 South African  Procedure for amendment in the Indian
Constitution Constitution
 Election of members of Rajya Sabha
11 French Constitution  Republic
 Ideals of liberty, equality and fraternity
in the Preamble

IV. Constitution of India – Preamble

The preamble of India goes as follows
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 of opportunity; and to promote among them all
 FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUTENT, ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

 The first constitution to start with a preamble was the American Constitution. The Indian
constitution also starts with one. The Preamble is basically the introduction or preface to the
constitution. It sums up the essence of the constitution. N A Palkhivala, a constitutional expert,
referred to the Preamble as the ‘Identity card of the Constitution’.
 The Preamble is based on Pandit Nehru’s Objective Resolution that he moved and was adopted
by the Constituent Assembly. The Preamble has been amended in 1976 by the 42nd
Amendment which added words ‘socialist’, ‘secular’ and ‘integrity’ to it.
 The ‘Preamble’ of the Constitution of India is a brief introductory statement that sets out the
guiding purpose and principles of the document, and it indicates the source from which the
document which derives its authority, meaning, the people. The ‘Preamble’ of the Constitution
of India is a brief introductory statement that sets out the guiding purpose and principles of
the document, and it indicates the source from which the document which derives its
authority, meaning, the people. It was adopted on 26 November 1949 by the Constituent
Assembly and came into effect on 26th January, 1950.
Ingredients of the Preamble
The Preamble gives 4 components:
1. Source of authority of the Constitution: it mentions that the constitution derives its power
from the people of India.
2. Nature of the Indian State: it says India is a sovereign, socialist, secular, democratic and
republican State.
3. Objectives of the Constitution: it gives the objectives as – justice, liberty, equality and
fraternity.
4. Constitution date of adoption: 26th November 1949

Facts about Preamble of Indian Constitution

 It was enacted after the enactment of the entire Constitution of India
 The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd
Constitutional Amendment Act of 1976.
 The Preamble secures to all citizens of India liberty of belief, faith and worship
 Ideal of justice (social, economic and political) in the Preamble are borrowed from the Soviet
Union (Russia) Constitution
 Republic and the ideals of liberty, equality and fraternity are borrowed from the French
Constitution
 Preamble, in itself, has been first introduced through the American Constitution
IMPORTANT POINTS:
 The preamble-page, along with other pages of the original Constitution of India, was designed
and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur. The
calligraphy was done by Prem Behari Narain Raizada.
 In Berubari Case (1960), SC declared Preamble not to be a part of Indian Constitution
  Supreme Court of India has, in the Kesavananda case, recognised that the preamble may
be used to interpret ambiguous areas of the constitution where differing interpretations
present themselves.
 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.
 As originally enacted the preamble described the state as a “sovereign democratic republic”.
In 1976 the Forty-second Amendment changed this by adding words socialist and secular to
read “sovereign socialist secular democratic republic”.
 Preamble has been amended once by 42nd amendment, 1976 – words added – Socialist,
Secular and Integrity.
 It has been also called Political Horoscope of Indian Constitution (by KM Munshi),
Soul of the Constitution (by Thakurdas Bhargav) and identity card of the
constitution (by NA Palkhiwala)

V. THE UNION AND ITS TERRITORY

Article 1
Clause (1) – India, that is Bharat, shall be a Union of States
Clause (2) – The States and the territories thereof shall be as specified in the First Schedule
Clause (3) – The territory of India shall comprise—
(a) The territories of the States;
(b) The Union territories specified in the First Schedule;
(c) Such other territories as may be acquired.

Why the term Union instead of Federation?

 Our country is not a result of any type of contract between formerly independent states
 Once a territory becomes part of Indian Territory they do not have the power of succession
i.e. such states cannot opt out of the union.

Article 2
Parliament may by law admit into the Union, or establish, new States on such terms and
conditions as it thinks fit.
2A - [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty-sixth
Amendment) Act, 975, s. 5 (w.e.f.26-4-1975).

Till 1956 States were categorized as:-

Part A – 9 States (Former provinces of the British Governors)
Part B – 9 states (Former Princely States)
Part C – 10 states (Former Princely states) and 4 Chief Commissioner Provinces
Part D – Andaman & Nicobar Islands
Total number of states – 29
Chief Commissioner Provinces were small provinces governed directly by British
Government but due to its small size a Governor was not required thus officer of the rank
of Chief Commissioner was made incharge of the province. E.g. - Delhi, Coorg

Reorganisation of States during British rule was done keep three points in mind. These
were:-
 Administrative convenience
 Economic Convenience
 Military Convenience

Article 3 Parliament may by law—

(a) Form a new State by separation of territory from any State or by uniting two or more
States or Parts of States or by uniting any territory to a part of any State
(b) Increase the area of any State
(c) Diminish the area of any State
(d) Alter the boundaries of any State (e) Alter the name of any State
After independence large number of princely states had joined the Union of India so British
reorganisation reasons would not have worked.
 Use of Language as demarcation was thought of as one of the reasons initially
 In 1948, SN Dhar commission was set up to look into the reorganisation which did
not accept this reason as it will invoke sub national sentiments E.g. – Right wing parties of
Maharashtra opposing people from UP and Bihar in Mumbai
 JVP committee consisting of Jawaharlal Nehru, Sardar Vallabhai Patel, Pattabhi
Sitaaramayya submitted its report in April 1949 endorsing the views of SN Dhar committee
 In 1956 State Reorganisation committee consisting of Fazal Ali, AM Panikar, Pandit
Hridayanath Kunzru
 It rejected ‘One Language One state’ claim and said that Unity, Integrity and Security of
the state should not be compromised. They carved out 14 states and 6 Union Territories

For creation or reorganisation of states, only a simple majority of the Parliament

is required

Article 4
Clause (1) - Any law referred to in article 2 or article 3 shall contain such provisions for
the amendment of the First Schedule and the Fourth Schedule as may be necessary to give
effect to the provisions of the law and may also contain such supplemental, incidental and
consequential provisions (including provisions as to representation in Parliament and in the
Legislature or Legislatures of the State or States affected by such law) as Parliament may
deem necessary.
Clause (2) - No such law as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of article 368.
 III. PART 2 of the Indian Constitution – CITIZENSHIP
CITIZEN
 A citizen is a person who enjoys full membership of the community in which he lives.
 Citizens are different from aliens who do not enjoy following fundamental rights – Article
15, Article 16, Article 19, Article 29 and Article 30.
 Citizens alone have the right to hold certain offices such as those of President, Vice –
President, Governor of a State, Judge of SC and HC’s etc.

Aliens
Aliens are non-citizens of the country. They come for a brief visit, work or any other
purpose. Aliens are of two types:-
1. Friendly Aliens
2. Enemy Aliens

At the commencement of the Constitution, Citizenship of India was

conferred upon the below mentioned people:-
1. Persons who are born in India and domiciled in India.
2. Persons who are not born in India but domiciled in India and have been staying
in India for a period of at least 5 years.
3. Persons who are domiciled in India but not born in India but either of their parents
were born in India.
4. Persons who are resident in India but they migrated to Pakistan after 1st March
1947 but later returned on resettlement permit.
5. Persons who were residents of Pakistan but migrated to India before 19 July 1948
or after that date and have been residing in India for at least 6 months
6. Persons who reside outside India but either of parents or grandparents were born
in India.
Citizenship Act, 1955 (amended in 1986, 1992, 2003 and 2005)
The Act provides for acquisition of Indian Citizenship after the
commencement of Constitution in five ways
1. By Birth - Any person born in India, on or after 26 January 1950 but before the
commencement of the 1986 Act on 1 July 1987 is a citizen of India by birth.
2. By Descent - Persons born outside India on or after 26 January 1950 will be
considered as citizen of India if at the time of their birth either of the parents are
citizens of India and the parents get the birth registered with the Indian Consulate
within 1 year of birth.
3. Citizenship by Registration – Any Person who is not a citizen of India can
apply for apply for registration as a citizen if he satisfies certain criteria mentioned
in the Constitution. Applicable basically for PIOs and OCI.
4. Citizenship by Naturalization - Citizenship of India by naturalization can be
acquired by a foreigner who has resided in India continuously for a period of 1 year
and prior to this 1 year in the past 14 years the person should have stayed in India
for at least 11 years. Also person should not be a citizen of a country which does
not allow Indians to become its citizens by Naturalisation and person should
renounce citizenship of parent country.
5. Citizenship by Incorporation of territory – If any new territory becomes a
part of India, the Government of India shall notify the persons of that territory to
be citizens of India.
Loss of Citizenship
1. Renunciation of Indian citizenship - a voluntary act by which a person
holding an Indian citizenship gives it up.
2. Termination – If an Indian citizen voluntarily accepts the citizenship of another
country his Indian citizenship stands terminated.
3. Deprivation - If a Indian citizen has obtained his citizenship by fraud, or if he
has been disloyal to India, or has been residing outside India for seven years
continuously, or if he has unlawfully traded or communicated with the enemy during
war, or if has been imprisoned within 5 years in any country for a period 2 years
after becoming a citizen of India either by naturalization or registration.
Concept of Dual Citizenship –
Overseas Citizen of India (OCI) Parliament of India passed the Citizenship
(Amendment) Act 2005, which says that all the people of Indian origin in various
countries, except in Pakistan and Bangladesh, whose parents/grandparents
migrated from India after 26 Jan 1950 or were eligible to become Indian citizens on
26 Jan 1950 or belonged to a territory that became a part of India after 15 Aug
1947, will become eligible to be registered as Overseas Citizen of India. Special
Arrangements made for OCI card holders:-
1. They are entitled to procuring a multiple entry Lifelong Visa
2. OCI holders are treated on par with NRIs for economic, financial and educational
matters
3. They are also exempt from registration with the Foreigners Regional Registration
Officer (FRRO) on their arrival in the country and can stay or live for as long as they
wish.
4. OCI cardholders can travel at very short notice and take up assignments in India.

An Overseas Citizen of India will not enjoy the following rights even if resident in
India:-
1. The right to vote,
2. The right to hold the offices of President, Vice-President, Judge of Supreme Court
and High Court, Member of Lok Sabha, Rajya Sabha, Legislative Assembly or
Council,
3. Appointment to Public Services (Government Service)