Indian Constitution and Politics

Module 1
I. Constitution and Constitutionalism in the Indian Context

A constitution is a fundamental legal document that outlines the framework of a state's

political and legal system. It establishes the structure of government, delineates the powers
and functions of various institutions, and sets out the rights and responsibilities of citizens. In
the Indian context, the Constitution serves as the supreme law of the land, providing the legal
foundation for the country's political, social, and economic systems.

The Indian Constitution

1. Historical Background: The Indian Constitution was adopted on January 26, 1950,
following a prolonged period of struggle for independence from British rule. It was drafted
by the Constituent Assembly, which was formed in 1946 under the Cabinet Mission Plan.
The Assembly was tasked with creating a framework for independent India, drawing on
various international and domestic influences.

2. Structure: The Indian Constitution is a comprehensive document that includes a

Preamble, 395 Articles, and 8 Schedules at the time of its adoption. Over time, it has been
amended several times to address evolving needs. The Constitution encompasses various
parts, including:

 Preamble: Sets out the fundamental values and objectives of the Constitution,
including justice, liberty, equality, and fraternity.
 Fundamental Rights: Guarantees basic rights to all citizens, such as freedom of
speech, equality before the law, and protection against discrimination.
 Directive Principles of State Policy: Provides guidelines for the government to
follow in making laws and policies aimed at achieving social and economic justice.
 Fundamental Duties: Enumerates the duties of citizens to uphold the Constitution
and contribute to the nation’s welfare.
 Federal Structure: Establishes a federal system of government with a clear division
of powers between the central and state governments.
 Emergency Provisions: Outlines the procedures for declaring national, state, and
financial emergencies, allowing the central government to take control in exceptional
situations.

3. Key Features:

 Sovereignty: The Constitution affirms the sovereignty of the Indian state, making it
independent and supreme within its territory.
 Secularism: India is declared a secular state, ensuring freedom of religion and
separation of religion from the state.
 Democracy: It establishes a democratic framework with periodic elections,
guaranteeing political participation and representation for all citizens.
 Judicial Review: The Constitution provides for judicial review, allowing the
judiciary to examine the constitutionality of laws and government actions.

Constitutionalism

Constitutionalism refers to the adherence to and practice of constitutional principles and

values. It emphasizes the importance of having a constitution that is not only a legal
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document but also a reflection of the principles of governance, rule of law, and protection of
rights. Constitutionalism ensures that power is exercised within the limits set by the
constitution and that government actions are subject to legal and institutional checks and
balances.

Constitutionalism in India

1. Rule of Law: Constitutionalism in India underscores the rule of law, which means that all
individuals and institutions, including the government, are subject to the law. This principle
ensures that power is exercised according to legal norms and that any action contrary to the
Constitution is considered invalid.

2. Protection of Rights: The Indian Constitution embodies the principles of

constitutionalism by safeguarding fundamental rights and freedoms of individuals. The
judiciary plays a crucial role in protecting these rights through mechanisms like judicial
review and public interest litigation.

3. Separation of Powers: Constitutionalism in India is reinforced by the separation of

powers among the executive, legislative, and judicial branches of government. Each branch
has distinct functions and powers, providing a system of checks and balances to prevent the
abuse of power.

4. Federalism: The federal structure of India reflects constitutionalism by balancing power

between the central and state governments. This arrangement ensures that both levels of
government have clearly defined responsibilities and authority, preventing centralization of
power.

5. Accountability and Transparency: Constitutionalism emphasizes accountability and

transparency in governance. Mechanisms such as the Right to Information Act and various
watchdog institutions ensure that government actions are subject to scrutiny and that public
officials are held accountable.

6. Judicial Independence: The independence of the judiciary is a cornerstone of

constitutionalism in India. The judiciary operates free from executive and legislative
interference, ensuring that it can impartially interpret and enforce the Constitution.

7. Amendments and Flexibility: The Indian Constitution allows for amendments to address
changing needs and circumstances. This flexibility reflects constitutionalism by enabling the
Constitution to evolve while maintaining its core principles and values.

II. Indian Constitution – Historical Background

The British arrived in India in 1600 as traders through the East India Company, which had
exclusive trading rights granted by Queen Elizabeth I. In 1765, the Company, which had
previously focused only on trade, gained the rights to collect revenue and administer civil
justice in Bengal, Bihar, and Orissa. This marked the beginning of its role as a territorial
power. Following the Sepoy Mutiny of 1857, the British Crown took direct control of India's
governance in 1858, a rule that lasted until India gained independence on August 15, 1947.
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With independence came the need for a Constitution. As proposed by M. N. Roy, a pioneer of
the communist movement in India, a Constituent Assembly was formed in 1946 to draft the
Constitution, which came into effect on January 26, 1950. However, many features of the
Indian Constitution and political system have their roots in British rule. Key events during
British rule established the legal framework for government and administration in British
India, which have significantly influenced the Indian Constitution and political system.

III. Making of the Constitution

Demand for a Constituent Assembly

The idea of a Constituent Assembly for India was first proposed in 1934 by M. N. Roy, a
leader in the communist movement in India. In 1935, the Indian National Congress (INC)
officially demanded the creation of a Constituent Assembly to draft a Constitution for India.
In 1938, Jawaharlal Nehru, representing the INC, declared that the Constitution of a free
India should be created without any outside interference, by a Constituent Assembly elected
by adult citizens.

The British Government finally agreed to this demand in principle through the 'August Offer'
of 1940. In 1942, Sir Stafford Cripps, a member of the British cabinet, came to India with a
proposal for framing an independent Constitution to be adopted after World War II.
However, the Cripps Proposals were rejected by the Muslim League, which wanted India to
be divided into two autonomous states with separate Constituent Assemblies. Eventually, a
Cabinet Mission was sent to India, which rejected the idea of two Constituent Assemblies but
proposed a plan for a single Constituent Assembly that largely satisfied the Muslim League.

Composition of the Constituent Assembly

The Constituent Assembly was formed in November 1946 based on the Cabinet Mission
Plan. Here are the key points of the plan:

1. The Constituent Assembly was to have 389 members: 296 from British India and 93
from the Princely States. Of the 296 seats for British India, 292 were for members
from the eleven governors' provinces and four from the four chief commissioners'
provinces, one from each.
2. Each province and princely state was to be given seats based on their population, with
roughly one seat for every million people.
3. The seats in each British province were divided among Muslims, Sikhs, and the
general category (everyone else) according to their population.
4. Representatives for each community were to be elected by members of that
community in the provincial legislative assembly, using proportional representation
with a single transferable vote.
5. Representatives for the princely states were to be chosen by the rulers of those states.

The Constituent Assembly was thus a mix of elected and nominated members. The elections
for the 296 seats from British Indian Provinces were held in July–August 1946. The Indian
National Congress won 208 seats, the Muslim League 73, and the remaining 15 seats went to
smaller groups and independents. The 93 seats for the princely states were not filled as they
chose not to participate.
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Although the Constituent Assembly was not directly elected by the people, it included
representatives from all sections of Indian society, such as Hindus, Muslims, Sikhs, Parsis,
Anglo-Indians, Indian Christians, Scheduled Castes, and Scheduled Tribes, including women
from these communities. The Assembly included many of India's prominent figures, except
for Mahatma Gandhi.

Objectives Resolution

On December 13, 1946, Jawaharlal Nehru introduced the historic "Objectives Resolution" in
the Constituent Assembly, which outlined the core principles and philosophy of India's future
Constitution. The key points were:

1. The Assembly declared its commitment to making India an Independent Sovereign

Republic and drafting a Constitution for its governance.
2. It envisioned a Union of territories, including British India, the Indian States, and
other regions willing to join independent India.
3. These territories would have autonomy, retaining powers and functions of
government, except those assigned to the Union.
4. All power and authority in Independent India would come from the people.
5. The Resolution guaranteed justice—social, economic, and political—equality of
status and opportunity, and freedoms like thought, expression, belief, faith, worship,
and action, within the limits of law and public morality.
6. It promised adequate safeguards for minorities, tribal areas, and disadvantaged
communities.
7. The integrity of India's territory and its sovereign rights on land, sea, and air would be
maintained according to justice and international law.
8. The Resolution aimed for India to attain an honored place in the world and contribute
to world peace and the welfare of humanity.

The Assembly unanimously adopted this Resolution on January 22, 1947. It heavily
influenced the final Constitution, and its modified version became the Preamble of the
present Constitution.

Changes by the Independence Act

Initially, the representatives of the princely states stayed away from the Constituent
Assembly, but they gradually joined. By April 28, 1947, representatives from six states had
become part of the Assembly. After the Mountbatten Plan of June 3, 1947, which led to the
partition of India, more princely state representatives and members of the Muslim League
from the Indian Dominion also joined the Assembly.

The Indian Independence Act of 1947 made three significant changes to the Assembly:

1. The Assembly became a fully sovereign body, meaning it could create any
Constitution it wanted. It was also given the power to repeal or change any law made
by the British Parliament concerning India.
2. The Assembly also took on a legislative role, making it responsible for both drafting
the Constitution and passing ordinary laws. These two functions were carried out on
different days. When acting as the Constituent Assembly, it was chaired by Dr.
Rajendra Prasad. When acting as the legislative body, it was chaired by G.V.
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Mavlankar. This dual role continued until November 26, 1949, when the Constitution
was completed.
3. Members of the Muslim League from areas that became part of Pakistan withdrew
from the Constituent Assembly. As a result, the Assembly's total membership
decreased from 389 to 299. The number of representatives from Indian provinces
(formerly British Provinces) dropped from 296 to 229, and those from the princely
states reduced from 93 to 70.

The Constituent Assembly appointed a number of committees to deal with different tasks of
constitution-making. Out of these, eight were major committees and the others were minor
committees.

Drafting Committee

The Drafting Committee was the most important committee of the Constituent Assembly,
established on August 29, 1947, and tasked with drafting the new Constitution. The
committee had seven members:

1. Dr. B.R. Ambedkar (Chairman)

2. N. Gopalaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar
4. Dr. K.M. Munshi
5. Syed Mohammad Saadullah
6. N. Madhava Rau (who replaced B.L. Mitter, who resigned due to ill health)
7. T.T. Krishnamachari (who replaced D.P. Khaitan, who died in 1948)

After considering proposals from various committees, the Drafting Committee prepared the
first draft of the Constitution, which was published in February 1948. The public was given
eight months to review and suggest amendments. Based on this feedback, the committee
prepared a second draft, published in October 1948. The Drafting Committee completed its
work in less than six months, meeting for a total of 141 days.

Enactment of the Constitution

Dr. B.R. Ambedkar presented the final draft of the Constitution to the Constituent Assembly
on November 4, 1948 (the first reading). The Assembly held a general discussion on the draft
for five days, ending on November 9, 1948.

The second reading, where the draft was reviewed clause by clause, began on November 15,
1948, and concluded on October 17, 1949. During this stage, 7,653 amendments were
proposed, and 2,473 were discussed in the Assembly.

The third reading started on November 14, 1949. Dr. Ambedkar moved a motion for the
Assembly to pass the Constitution as finalized. The motion was passed on November 26,
1949, and the Constitution was signed by the members and the president. Of the 299
members of the Assembly, 284 were present and signed the Constitution on that day. This
date is also mentioned in the Preamble as the day when the people of India adopted, enacted,
and gave themselves the Constitution.
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The Constitution adopted on November 26, 1949, included a Preamble, 395 Articles, and 8
Schedules. The Preamble was enacted after the rest of the Constitution had been finalized.
Dr. B.R. Ambedkar, the Law Minister at the time, played a key role in guiding the Draft
Constitution through the Assembly. He was known for his logical, forceful, and persuasive
arguments. Recognized as the "Father of the Indian Constitution," Dr. Ambedkar was a
brilliant writer, constitutional expert, and a leader of the Scheduled Castes. He is also referred
to as a "Modern Manu" and the "chief architect of the Constitution of India."

Enforcement of the Constitution

Some parts of the Constitution, including provisions related to citizenship, elections,

provisional parliament, temporary and transitional arrangements, and the short title, came into
effect on November 26, 1949. The rest of the Constitution came into force on January 26,
1950, which is celebrated as Republic Day. This date was chosen because of its historical
significance—it was on January 26, 1930, that Purna Swaraj (Complete Independence) Day
was celebrated following the resolution passed at the Lahore Session of the Indian National
Congress in December 1929. When the Constitution came into effect, it repealed the Indian
Independence Act of 1947 and the Government of India Act of 1935, along with any
amendments or related laws. However, the Abolition of Privy Council Jurisdiction Act (1949)
was retained.

Important Facts

1. The elephant was chosen as the symbol (seal) of the Constituent Assembly.
2. Sir B.N. Rau was appointed as the constitutional advisor (legal advisor) to the
Constituent Assembly.
3. H.V.R. Iyengar served as the Secretary of the Constituent Assembly.
4. S.N. Mukerjee was the chief draftsman of the Constitution in the Constituent
Assembly.
5. Prem Behari Narain Raizada was the calligrapher who handwrote the original
Constitution in a flowing italic style.
6. Artists from Shantiniketan, including Nand Lal Bose and Beohar Rammanohar Sinha,
decorated and beautified the original Constitution.
7. Beohar Rammanohar Sinha specifically illuminated and decorated the original
Preamble, calligraphed by Prem Behari Narain Raizada.
8. The Hindi version of the original Constitution was calligraphed by Vasant Krishan
Vaidya and elegantly decorated by Nand Lal Bose.

Criticism of the Constituent Assembly

Critics have raised several points of criticism against the Constituent Assembly:

1. Not a Representative Body: Critics argue that the Assembly was not truly
representative because its members were not directly elected by the people on the
basis of universal adult franchise.
2. Not a Sovereign Body: Some critics say that the Assembly was not fully sovereign
since it was created under the British government's proposals and held its sessions
with British permission.
3. Time-Consuming: Critics point out that the Assembly took a long time to draft the
Constitution, comparing it to the American Constitution, which was completed in just
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four months. Naziruddin Ahmed, a member of the Assembly, mockingly referred to
the Drafting Committee as the "Drifting Committee."
4. Dominated by Congress: The Assembly was criticized for being dominated by the
Congress party. British constitutional expert Granville Austin remarked that the
Assembly was essentially a one-party body, equating the Congress with India.
5. Lawyer-Politician Domination: Critics also note that the Assembly was dominated
by lawyers and politicians, with other sections of society being underrepresented.
They believe this led to the Constitution being bulky and complicated in language.
6. Hindu Domination: Some critics claim that the Assembly was dominated by Hindus.
Lord Viscount Simon referred to it as "a body of Hindus," and Winston Churchill
commented that it represented "only one major community in India."

IV. Major Sources of the Indian Constitution

The Indian Constitution draws from a wide range of sources, reflecting the diverse and rich
heritage of legal and constitutional frameworks globally. Here are the major sources:

1. British Constitutional Practices

a. Parliamentary System: The Indian Constitution adopts the Westminster model of

parliamentary democracy, including features like the Prime Minister’s role as head of
government and the concept of collective ministerial responsibility.

b. Rule of Law: This principle ensures that the law applies equally to all individuals, and no
one is above the law, mirroring British legal traditions.

c. Habeas Corpus: The right to personal liberty and protection against unlawful detention, a
fundamental principle in British law, is enshrined in the Indian Constitution.

d. Bicameral Legislature: The Constitution provides for a bicameral legislature with a Rajya
Sabha (Council of States) and a Lok Sabha (House of the People), similar to the UK
Parliament.

2. American Constitution

a. Federal Structure: The Indian Constitution adopts a federal system of government with a
strong central authority, similar to the US federal system.

b. Fundamental Rights: The concept of Fundamental Rights in the Indian Constitution is

influenced by the US Bill of Rights, guaranteeing basic freedoms and rights to citizens.

c. Independence of Judiciary: The structure of an independent judiciary and the practice of

judicial review to ensure laws comply with the Constitution are inspired by the American
system.

d. Presidential System Features: Certain features like the method of election of the
President and the procedure for impeachment have parallels in the US Constitution.
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3. Canadian Constitution

a. Federation with Strong Central Authority: Like Canada, India has a federal system with
a strong central government, although India's federalism is more centralized.

b. Residual Powers: The division of powers between the central and state governments, with
residual powers lying with the central government, is influenced by the Canadian model.

c. Protection of Minority Rights: The protection of minority rights and special provisions
for minority groups in India echo Canada's approach to minority protection.

4. Australian Constitution

a. Concurrent List: The Australian Constitution’s concept of a Concurrent List, where both
central and state governments can legislate, is reflected in the Indian Constitution.

b. The idea of a single citizenship: Australia’s provision for single citizenship is mirrored in
India, where all Indians are citizens of India regardless of the state they belong to.

c. Emergency Provisions: The Australian model of emergency provisions has influenced

India's approach to dealing with national emergencies.

5. Irish Constitution

a. Directive Principles of State Policy: The idea of Directive Principles, which guide the
government in making policies, is inspired by the Irish Constitution. These principles aim to
establish a social and economic framework for governance.

b. Nomination of Members: The system of nominating members to the Rajya Sabha

(Council of States) has parallels with the Irish system.

6. French Constitution

a. Principles of Liberty, Equality, and Fraternity: These French revolutionary principles

influenced the Preamble and the Fundamental Rights in the Indian Constitution.

b. The concept of secularism: The idea of a secular state, where religion and government
are separate, was influenced by the French model.

7. German Constitution

a. Emergency Provisions: The concept of a "Basic Law" or emergency provisions for

handling exceptional situations is reflected in the Indian Constitution's provisions for national
emergencies.

b. Social Welfare: The German emphasis on social welfare and protection of economic and
social rights influenced the Directive Principles of State Policy in India.
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8. South African Constitution

a. Bill of Rights: The South African Constitution's Bill of Rights influenced the Indian
Constitution’s Fundamental Rights, particularly regarding social justice and equality.

b. Apartheid Remedies: India's commitment to combating social discrimination and

ensuring equal rights was influenced by South Africa's experiences and constitutional
remedies.

V. Salient Features of the Indian Constitution

The Indian Constitution is distinctive in both its content and spirit. While it incorporates
elements from many global constitutions, it has unique features that set it apart from those of
other countries. Several original features of the Constitution, as it was adopted in 1949, have
been significantly changed by various amendments, including the 7th, 42nd, 44th, 73rd, 74th,
and 97th Amendments. The 42nd Amendment of 1976 is particularly notable and is often
called the 'Mini-Constitution' because it made numerous important changes to the
Constitution. In the Kesavananda Bharati case of 1973, the Supreme Court ruled that while
Parliament has the power to amend the Constitution under Article 368, it cannot alter the
'basic structure' of the Constitution. This means that certain fundamental features of the
Constitution cannot be changed by amendments. The salient features of the Constitution, as it
stands today, are as follows:

1. Lengthiest Written Constitution

The Indian Constitution is the longest written constitution in the world. It is very detailed and
comprehensive.

 Original Content (1949): When it was first adopted, the Constitution had a
Preamble, 395 Articles (divided into 22 Parts), and 8 Schedules.
 Current Content (2016): As of 2016, it includes a Preamble, about 465 Articles
(divided into 25 Parts), and 12 Schedules.

Since 1951, about 20 Articles and one Part (VII) have been removed, while around 90
Articles, four new Parts (IVA, IXA, IXB, and XIVA), and four new Schedules (9, 10, 11, and
12) have been added.

The large size of the Constitution can be attributed to:

 Geographical Factors: The vastness and diversity of India.

 Historical Factors: Influences from the bulky Government of India Act of 1935.
 Single Constitution for Centre and States: Except for Jammu and Kashmir.
 Legal Experts: Dominance of legal experts in drafting the Constitution.

The Constitution not only outlines fundamental principles of governance but also includes
detailed administrative provisions and matters that other countries might leave to ordinary
legislation or political conventions.
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2. Drawn from Various Sources

The Indian Constitution borrows from many other countries' constitutions and from the
Government of India Act of 1935. Dr. B.R. Ambedkar noted that it was crafted by examining
various constitutions worldwide.

 Structural Part: Largely based on the Government of India Act of 1935.

 Philosophical Part: Inspired by the American and Irish Constitutions (Fundamental
Rights and Directive Principles of State Policy).
 Political Part: Derived from the British Constitution (Cabinet Government principles
and executive-legislative relations).

Other influences include the constitutions of Canada, Australia, Germany, Russia (formerly
USSR), France, South Africa, and Japan. The Government of India Act, 1935, remains the
most significant source, with over half of the Indian Constitution’s provisions resembling or
being directly drawn from it.

3. Blend of Rigidity and Flexibility

Constitutions can be either rigid (hard to change) or flexible (easy to change). For example,
the American Constitution is rigid, while the British Constitution is flexible.

The Indian Constitution combines both rigidity and flexibility:

 Amendment Procedures:
o Special Majority: Some parts can be changed by a special process, requiring
a two-thirds majority of members present and voting in both Houses of
Parliament, plus a majority of the total membership in each House.
o Special Majority and Ratification: Other parts can be changed with the same
special majority in Parliament and approval by at least half of the states.
o Simple Majority: Some provisions can be amended by a simple majority in
Parliament, following regular legislative procedures.

4. Federal System with Unitary Bias

India has a federal system, which includes:

 Two levels of government (Central and State)

 Division of powers
 A written Constitution
 Supremacy of the Constitution
 An independent judiciary
 Bicameral legislature (two houses of Parliament)

However, the Indian Constitution also has many unitary features:

 A strong central government

 Single Constitution for both the Centre and states
 Single citizenship
 Flexible Constitution
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 Integrated judiciary
 State governors appointed by the Centre
 All-India services
 Emergency powers

India is described as a ‘Union of States’ in Article 1, not a federation. This means:

 The Indian Union is not formed by an agreement between states.

 States cannot secede from the Union.

The Indian Constitution is often called:

 ‘Federal in form but unitary in spirit’

 ‘Quasi-federal’ by K.C. Wheare
 ‘Bargaining federalism’ by Morris Jones
 ‘Co-operative federalism’ by Granville Austin
 ‘Federation with a centralizing tendency’ by Ivor Jennings

5. Parliamentary Form of Government

India follows the British parliamentary system rather than the American presidential system.
In a parliamentary system, the legislative and executive branches work together, whereas in a
presidential system, they are separate. India's parliamentary system, also known as the
‘Westminster’ model or cabinet government, includes:

 Nominal and Real Executives: The President is the nominal head of state, while the
Prime Minister is the real head of government.
 Majority Party Rule: The government is formed by the party or coalition with the
majority in the legislature.
 Collective Responsibility: The entire executive (government) is responsible to the
legislature (Parliament or State Assembly).
 Ministerial Membership: All ministers are members of the legislature.
 Leadership of Prime Minister/Chief Minister: The Prime Minister or Chief
Minister leads the executive branch.
 Dissolution of Lower House: The Lok Sabha (at the Centre) or State Assembly can
be dissolved by the Prime Minister or Chief Minister.

Differences from the British System:

 Sovereignty: The Indian Parliament is not as sovereign as the British Parliament.

 Head of State: India has an elected head of state (President) while Britain has a
hereditary head (Monarch).

In both India and Britain, the Prime Minister holds significant power, sometimes called a
‘Prime Ministerial Government.’

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

 Parliamentary Sovereignty: Associated with the British system, where Parliament is

the supreme authority.
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 Judicial Supremacy: Associated with the American system, where the Supreme
Court has the final say on constitutional matters.

In India:

 Judicial Review: The Supreme Court can declare laws unconstitutional.

 Parliamentary Power: Parliament can amend the Constitution, although this power
is not unlimited.

The Indian Constitution blends British parliamentary sovereignty with American judicial
supremacy, allowing the Supreme Court to review laws while Parliament can amend the
Constitution.

7. Integrated and Independent Judiciary

The Indian judiciary is both integrated and independent:

 Integrated System: The judiciary in India is a single, unified system. The Supreme
Court is the highest court, with High Courts at the state level, and below them are
district and other lower courts. This system enforces both central and state laws,
unlike the U.S., where federal and state laws are enforced by separate systems.
 Independence: The Constitution ensures the independence of the judiciary with:
o Security of tenure for judges,
o Fixed service conditions,
o Funding from the Consolidated Fund of India,
o Restrictions on discussing judges' conduct in legislatures,
o A ban on practicing law after retirement,
o Power of the Supreme Court to punish for contempt,
o Separation of the judiciary from the executive.

8. Fundamental Rights

Part III of the Indian Constitution guarantees six Fundamental Rights:

 Right to Equality (Articles 14–18),

 Right to Freedom (Articles 19–22),
 Right against Exploitation (Articles 23–24),
 Right to Freedom of Religion (Articles 25–28),
 Cultural and Educational Rights (Articles 29–30),
 Right to Constitutional Remedies (Article 32).

These rights aim to promote political democracy and protect against tyranny and arbitrary
laws. They are enforceable by courts, and individuals can go directly to the Supreme Court
for violations. However, these rights are not absolute and can be limited by reasonable
restrictions or suspended during a National Emergency, except for certain rights (Articles 20
and 21).
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9. Directive Principles of State Policy

Dr. B.R. Ambedkar called the Directive Principles of State Policy a ‘novel feature’ of the
Constitution. These principles, found in Part IV, are divided into three categories:

 Socialistic: Focus on social welfare and economic justice,

 Gandhian: Based on Gandhiji's ideas for rural and social reform,
 Liberal–Intellectual: Promoting individual freedoms and social progress.

Directive Principles aim to establish a welfare state and promote social and economic
democracy. Unlike Fundamental Rights, these principles are non-justiciable, meaning they
cannot be enforced by courts. However, they are considered fundamental for governance, and
it is the state's duty to apply them when making laws. Their real force comes from political
support and public opinion. The Supreme Court has emphasized the balance between
Fundamental Rights and Directive Principles in its rulings.

10. Fundamental Duties

Originally, the Constitution did not list fundamental duties for citizens. These duties were
added by the 42nd Amendment Act of 1976 during the internal emergency and were later
updated by the 86th Amendment Act of 2002.

 Fundamental Duties (Part IV-A, Article 51A) include:

o Respecting the Constitution, national flag, and national anthem,
o Protecting the country's sovereignty, unity, and integrity,
o Promoting brotherhood among all people,
o Preserving India's rich cultural heritage, among others.

These duties remind citizens to be aware of their responsibilities to the country and fellow
citizens. Like Directive Principles, Fundamental Duties are not legally enforceable.

11. Secular State

India is a secular state, meaning it does not favor any religion. Key aspects of Indian
secularism include:

 The term ‘secular’ was added to the Preamble by the 42nd Amendment Act of 1976.
 The Preamble guarantees liberty of belief, faith, and worship.
 The State must provide equality before the law and not discriminate based on religion
(Articles 14, 15).
 Equal opportunity in public employment (Article 16).
 Freedom to practice any religion (Article 25).
 Religious denominations have the right to manage their religious affairs (Article 26).
 No taxes for promoting a religion (Article 27).
 No religious instruction in state-funded schools (Article 28).
 Protection of distinct languages, scripts, and cultures (Article 29).
 Minorities can establish and manage their educational institutions (Article 30).
 The State aims for a Uniform Civil Code (Article 44).
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Indian secularism is positive, respecting all religions equally, unlike the Western concept of
strict separation between religion and state. The Constitution abolished communal
representation but allows temporary reservations for Scheduled Castes and Tribes to ensure
their representation.

12. Universal Adult Franchise

The Indian Constitution ensures universal adult franchise, meaning every citizen aged 18 and
over can vote without discrimination. The voting age was lowered from 21 to 18 by the 61st
Amendment Act of 1988. This broad-based democracy allows all citizens, regardless of caste,
race, religion, gender, or wealth, to vote. Universal adult franchise was a significant step in
promoting equality and empowering all citizens, especially given India's vast population,
social inequality, and illiteracy.

13. Single Citizenship

India provides for a single citizenship, meaning all Indians are citizens of India, regardless of
the state they live in. Unlike countries like the USA, where individuals are citizens of both
the nation and their state, Indians have only one citizenship and enjoy the same political and
civil rights across the country. This single citizenship aims to promote national unity and
integration, but challenges like communal riots and regional conflicts indicate that achieving
complete national unity remains a work in progress.

14. Independent Bodies

The Indian Constitution establishes several independent bodies to support the democratic
system:

 Election Commission: Ensures free and fair elections for Parliament, state
legislatures, and the offices of President and Vice-President.
 Comptroller and Auditor-General: Audits government accounts and ensures the
legality of expenditures.
 Union Public Service Commission: Conducts exams for all-India and higher Central
services and advises the President on disciplinary matters.
 State Public Service Commissions: Conduct exams for state services and advise the
governor on disciplinary matters.

These bodies are independent, with protections like security of tenure and fixed service
conditions to ensure their effective functioning.

15. Emergency Provisions

The Indian Constitution has detailed provisions for emergencies to address extraordinary
situations and protect the country’s integrity and security. There are three types of
emergencies:

 National Emergency: Declared during war, external aggression, or armed rebellion

(Article 352).
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 State Emergency (President’s Rule): Declared when there is a failure of
Constitutional machinery in a state or failure to comply with central directives
(Articles 356 and 365).
 Financial Emergency: Declared when there is a threat to India's financial stability or
credit (Article 360).

During an emergency, the central government gains extensive powers, and the federal system
effectively becomes unitary. This shift from federal to unitary control during emergencies is a
unique feature of the Indian Constitution.

16. Three-Tier Government

Initially, the Indian Constitution established a dual system of government with the central and
state levels. However, the 73rd and 74th Constitutional Amendment Acts of 1992 introduced
a third level of government, focusing on local administration.

 73rd Amendment Act (1992): Provided constitutional recognition to panchayats,

which are rural local governments. It added Part IX and Schedule 11 to the
Constitution.
 74th Amendment Act (1992): Granted constitutional recognition to municipalities,
which are urban local governments. It added Part IX-A and Schedule 12 to the
Constitution.

These amendments introduced a local government tier, creating a three-tier system of

governance unique to India.

17. Co-operative Societies

The 97th Constitutional Amendment Act of 2011 gave co-operative societies constitutional
status and protection by making three key changes:

1. Fundamental Right: It made the right to form co-operative societies a fundamental

right (Article 19).
2. New Directive Principle: It added a new Directive Principle of State Policy to
promote co-operative societies (Article 43-B).
3. New Part IX-B: It introduced Part IX-B, titled "The Co-operative Societies" (Articles
243-ZH to 243-ZT), which includes provisions to ensure that co-operative societies
operate democratically, professionally, and economically. It also gives Parliament the
power to regulate multi-state co-operatives and state legislatures the power to regulate
other co-operatives.

V. Preamble of the Constitution

The American Constitution was the first to start with a Preamble, and many other countries,
including India, have followed this practice. A Preamble is an introduction or preface to the
Constitution, summarizing its essence. N.A. Palkhivala, a noted jurist, called the Preamble
the "identity card of the Constitution." The Preamble to the Indian Constitution is based on
the "Objectives Resolution," drafted and proposed by Pandit Nehru and adopted by the
Constituent Assembly. It was amended by the 42nd Constitutional Amendment Act (1976),
which added the words "socialist," "secular," and "integrity."
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Text of the Preamble

The Preamble now reads:

“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 CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do

HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

Ingredients of the Preamble

The Preamble of the Constitution has four main elements:

1. Source of Authority: It states that the Constitution gets its authority from the people
of India.
2. Nature of Indian State: It describes India as a sovereign, socialist, secular,
democratic, and republican state.
3. Objectives of the Constitution: It outlines the goals of justice, liberty, equality, and
fraternity.
4. Date of Adoption: It specifies that the Constitution was adopted on November 26,
1949.

Key Words in the Preamble

Sovereign

The term "sovereign" means that India is completely independent and not controlled by any
other country. It can manage its own internal and external affairs freely. In 1949, India joined
the Commonwealth of Nations and recognized the British Crown as its head, but this does not
impact India’s sovereignty. Membership in the United Nations also does not limit India’s
sovereignty. As a sovereign nation, India can acquire or give up territory as it sees fit.

Socialist

The term "socialist" was officially added to the Constitution by the 42nd Amendment in
1976. However, the Constitution already had socialist principles through the Directive
Principles of State Policy. The Congress party had also committed to creating a "socialistic
pattern of society" as early as 1955.
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Indian socialism is "democratic socialism," which supports a mixed economy where both
public and private sectors operate together. Unlike "communistic socialism," which
involves complete government control over all production and distribution, democratic
socialism focuses on reducing poverty and inequality while allowing private property and
businesses. Over time, economic policies like liberalization, privatization, and globalization
have somewhat shifted the focus away from strict socialist principles.

Secular

The term "secular" was added to the Constitution in 1976. Although the Constitution didn’t
originally use the exact words "secular state," it was clear from the start that the framers
intended to create one. This is reflected in Articles 25 to 28, which guarantee freedom of
religion. In India, secularism means that all religions are treated equally and receive the same
support from the state.

Democratic

The word "democratic" in the Preamble means that the people hold supreme power. There
are two types of democracy: direct and indirect.

 Direct democracy: People make decisions directly, like in Switzerland through

mechanisms like referendums and plebiscites.
 Indirect democracy: People elect representatives to make decisions on their behalf.
This is known as representative democracy and can be either parliamentary or
presidential.

India follows a representative parliamentary democracy, where the government must

answer to the legislature. This system features universal adult voting, regular elections, the
rule of law, an independent judiciary, and protection against discrimination. The term
"democratic" also covers social and economic aspects. Dr. Ambedkar emphasized that
political democracy needs to be supported by social democracy. This means liberty, equality,
and fraternity are interconnected and essential for a truly democratic society. Without these,
democracy would fail to protect individual rights and ensure fair opportunities for all.

Republic

A republic is a type of government where the head of state is elected, either directly or
indirectly, for a fixed term. This contrasts with a monarchy, where the head of state (like a
king or queen) inherits the position through family lineage, as seen in Britain. In India, the
term "republic" means that the President is elected indirectly and serves for a fixed term of
five years. Being a republic also means:

1. Political sovereignty lies with the people, not a single individual like a king.
2. No privileged classes exist, so all public offices are open to every citizen without
discrimination.

Justice

The term "justice" in the Preamble includes three types:

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1. Social Justice: Equal treatment of all citizens without discrimination based on caste,
color, race, religion, or sex. It aims to improve conditions for disadvantaged groups
like Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes
(OBCs), and women.
2. Economic Justice: Ensures no discrimination based on economic status and aims to
reduce inequalities in wealth and income. It focuses on fair distribution of resources,
often referred to as "distributive justice."
3. Political Justice: Guarantees that all citizens have equal political rights, access to
political offices, and a voice in government decisions.

These ideals of justice are inspired by the principles of the Russian Revolution of 1917.

Liberty

Liberty means freedom from unnecessary restrictions and the opportunity for personal
development. The Preamble guarantees liberty of thought, expression, belief, faith, and
worship to all Indian citizens through Fundamental Rights, which can be enforced in court if
violated. Liberty is crucial for a functioning democracy, but it is not the same as having a free
hand to do anything. It must be enjoyed within the limits set by the Constitution. In short,
liberty is not absolute but has certain qualifications. The ideals of liberty, equality, and
fraternity in the Preamble are inspired by the French Revolution (1789–1799).

Equality

Equality means no special privileges for any group and equal opportunities for everyone.
The Preamble guarantees equality of status and opportunity to all Indian citizens. This
includes three main types of equality:

1. Civic Equality: Ensures equal treatment and opportunities without discrimination:

o Equality before the law (Article 14).
o No discrimination based on religion, race, caste, sex, or place of birth (Article
15).
o Equal opportunity in public employment (Article 16).
o Abolition of untouchability (Article 17).
o Abolition of titles (Article 18).
2. Political Equality: Ensures fair participation in elections:
o No one can be excluded from electoral rolls due to religion, race, caste, or sex
(Article 325).
o Elections to the Lok Sabha and state assemblies are based on adult suffrage
(Article 326).
3. Economic Equality: Provided through the Directive Principles of State Policy:
o Equal rights to livelihood and equal pay for equal work (Article 39).

Fraternity

Fraternity means a sense of brotherhood or unity. The Constitution encourages this feeling
by establishing single citizenship for all Indians. It also includes Fundamental Duties (Article
51-A) which require every citizen to promote harmony and brotherhood among people,
regardless of religious, linguistic, regional, or sectional differences.
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The Preamble highlights that fraternity aims to ensure two things:

1. The dignity of the individual: The Constitution recognizes and protects the
individuality of each person, ensuring respect and dignity. This is supported by
various Fundamental Rights and Directive Principles. Additionally, the Fundamental
Duties (Article 51-A) require citizens to respect the dignity of women and protect
India's sovereignty, unity, and integrity.
2. The unity and integrity of the nation: This includes both psychological and
territorial unity. Article 1 of the Constitution describes India as a ‘Union of States,’
meaning states cannot leave the Union. The goal is to address issues like
communalism, regionalism, casteism, and secessionism, and promote national
integration.

Significance of the Preamble

The Preamble outlines the core philosophy and fundamental values—political, moral, and
religious—on which the Constitution is built. It reflects the vision, dreams, and hopes of the
Constitution's framers. Sir Alladi Krishnaswami Iyer, a key member of the Constituent
Assembly, described it as expressing the thoughts and dreams of the framers. K M Munshi,
another member of the Drafting Committee, called the Preamble the "horoscope" of our
republic, indicating its fundamental role. Pandit Thakur Das Bhargava emphasized its
importance, calling it the "soul" and "jewel" of the Constitution, a vital guide for measuring
its worth. Sir Ernest Barker, a noted English political scientist, praised the Preamble as the
"key-note" of the Constitution and was so impressed that he quoted it in his book Principles
of Social and Political Theory. M Hidayatullah, a former Chief Justice of India, compared the
Preamble to the American Declaration of Independence but considered it even more
significant. He saw it as the "soul" of the Constitution, setting the framework of our political
society and representing a commitment that only a revolution could change.