Day -

MATERIAL WITH
DAILY PRACTICE QUESTIONS before EXAM
MAKING OF THE CONSTITUTION

In the aftermath of the Nehru Report, the Simon Commission was boycotted, and in December
1929, the Congress declared complete independence as its ultimate goal. The idea that India’s
Constitution should be framed via a Constituent Assembly elected for this very purpose and
based on the widest possible franchise gained support.
• In 1935, the Indian National Congress (INC) made a historic move by officially
advocating for the establishment of a Constituent Assembly to draft the Constitution of
India. This pivotal moment in India's struggle for independence was characterized by
Jawaharlal Nehru's assertion that the Congress aimed for "the Constitution of India [to]
be framed, without outside interference, by a Constituent Assembly elected on the basis
of adult franchise." The Working Committee of the Congress further reiterated this
stance, emphasizing the importance of self-determination in shaping India's
constitutional future.
• The INC's demand for a Constituent Assembly gained significant traction and
culminated in a landmark development known as the 'August Offer' of 1940, wherein
the British Government, in principle, accepted the demand. This concession marked a
notable shift in colonial policy towards Indian aspirations for self-governance and
constitutional autonomy.

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 • Despite subsequent setbacks such as the rejection of the Cripps Proposals in 1942 by
the Congress as unacceptable, there emerged a significant acknowledgment of Indian
voices regarding the framing of their own constitution. The Cripps Proposals, while
ultimately dismissed, contained a notable provision granting Indians the authority to
draft their constitution through a constituent assembly, signalling a growing recognition
of Indian political aspirations.
• The momentum towards the establishment of a Constituent Assembly gained further
impetus with the announcement by the newly elected Labour government in England
in September 1945. This announcement signified a tangible commitment to the creation
of a constituent assembly in India, affirming the British government's acknowledgment
of the need for Indians to chart their constitutional destiny.
• On March 15, 1946, the Cabinet Mission came to India and, in the course of its stay,
recommended the forming of— the Constituent Assembly, and an interim government.
The features of the Constituent Assembly recommended:
1) The total strength of the Constituent Assembly was to be 389.
Of these, 296 seats were to be allotted to British India and 93 seats to the princely
states. Out of 296 seats allotted to the British India, 292 members were to be drawn
from the eleven governors’ provinces and four from the four Chief Commissioners’
provinces, one from each.
2) Each province and princely states (or group of states in case of small states) were
to be allotted seats in proportion to their respective population. Roughly, one seat
was to be allotted for every million population.
3) Seats allocated to each British province were to be divided among the three
principal communities–Muslims, Sikhs and General (all except Muslims and
Sikhs), in proportion to their population.
4) The representatives of each community were to be elected by members of that
community in the provincial legislative assembly and voting was to be by the
method of proportional representation by means of single transferable vote.
5) The representatives of the princely states were to be nominated by the heads of
the princely states.

• Hence, the Constituent Assembly was envisioned as a blend of elected and nominated
members, reflecting a nuanced approach to representation. The selection process
involved indirect elections by members of the provincial assemblies, themselves
chosen through a limited franchise system.
• Elections for the 296 seats assigned to the British Indian Provinces were completed by
July–August 1946. The Congress won 208 seats including all the General seats except
9 and the Muslim League 73 seats, that is, all but 5 of the seats allotted to Muslims.

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 The 93 seats meant for the states’ representatives remained vacant and the princely
states decided not to participate in the Constituent Assembly.
• The Constituent Assembly held its first meeting on December 9, 1946 in the
Constitution Hall—now the Central Hall of Parliament House at New Delhi. The
Muslim League chose to abstain from the meeting, reiterating its demand for a separate
state of Pakistan. Consequently, the gathering was attended by a diminished assembly
of only 211 members.
• To facilitate the proceedings, Dr. Sachchidananda Sinha, the most senior member
present, assumed the role of temporary President of the Assembly, a practice
reminiscent of the French parliamentary system. Subsequently, Dr. Rajendra Prasad
was elected as the permanent President of the Assembly. Additionally, both H.C.
Mukherjee and V.T. Krishnamachari were elected as Vice-Presidents of the
Assembly, resulting in the unique circumstance of having two Vice-Presidents.
• Jawaharlal Nehru moved the historic Objectives Resolution on 13 December 1946,
after it had been in session for some days.
Objectives Resolution
• It laid down the fundamentals and philosophy of the constitutional structure.
Provisions of the Objectives Resolution:
1. It proclaimed India to be an independent Sovereign Republic.
2. It declared the aim of the Constituent Assembly to write a constitution which
fosters unity of the nation and ensures it’s economic and political security.
3. All powers and authority of sovereign and independent India and its constitution shall
flow from the people.
4. India to have a federal form of government with Division of Powers between the
Centre and the States.
5. All people of India shall be guaranteed and secured social, economic, and political
justice; equality of status and opportunities and equality before the law;
and fundamental freedoms – of speech, expression, belief, faith, worship, vocation,
association and action – subject to law and public morality.
6. To provide adequate safeguards to the minorities, backward and tribal areas, depressed
and other backward classes.
7. To maintain the integrity of the territory of the Republic and the sovereign rights on
land, sea and air according to the law of civilized nations.
8. To attain rightful and honoured place in the world and make willing contribution to the
promotion of world peace and the welfare of mankind.

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 • This Resolution was unanimously adopted by the Assembly on January 22, 1947. It
influenced the eventual shaping of the constitution through all its subsequent stages. Its
modified version forms the Preamble of the present Constitution.
• The representatives of the princely states, who had stayed away from the Constituent
Assembly, gradually joined it. The members of the Muslim League from the Indian
Dominion also entered the Assembly.
The Indian Independence Act of 1947 made the following three changes in the position of the
Assembly:
1. The Constituent Assembly was vested with full sovereignty, empowering it to craft any
Constitution it deemed fit for the nation.
2. Additionally, the Assembly assumed a dual role, serving as both a constitutional-making
body and a legislative entity responsible for enacting ordinary laws for the country.
3. Under this arrangement, sessions convened for constitution-making purposes were presided
over by Dr. Rajendra Prasad, while those focused on legislative matters were chaired by
G.V. Mavlankar.
4. This delineation of roles persisted until November 26, 1949, upon the completion of the
Constitution-making task.

In addition to the making of the Constitution and enacting of ordinary laws, the Constituent
Assembly also performed the following functions:

It elected
It ratified Dr.
the India’s It adopted It adopted Rajendra
It adopted
membershi the national the national Prasad as
the national
p of the anthem on song on the first
flag on July
Commonwe January 24, January 24, President of
22, 1947.
alth in May 1950. 1950. India on
1949. January 24,
1950.

• In all, the Constituent Assembly had 11 sessions over two years, 11 months and 18
days. The Constitution-makers had gone through the Constitutions of about 60
countries, and the Draft Constitution was considered for 114 days. The total
expenditure incurred on making the Constitution amounted to ₹64 lakh.

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 • On January 24, 1950, the Constituent Assembly held its final session. It, however,
did not end, and continued as the provisional parliament of India from January 26,
1950, till the formation of new Parliament after the first general elections in 1951–52.

Committees of Constituent Assembly

The Constituent Assembly appointed several committees for framing the Constitution. Out of
these, eight were major committees and the others were minor committees.
Major Committees
1) Union Powers Committee Jawaharlal Nehru
2) Union Constitution Committee Jawaharlal Nehru
3) Provincial Constitution Committee Sardar Patel
4) Drafting Committee Dr. B.R. Ambedkar
5) Advisory Committee on Fundamental Rights, Minorities Sardar Patel
and Tribal and Excluded Areas.
This committee had the following five sub-committees—

(a) Fundamental Rights Sub-Committee J.B. Kripalani

(b) Minorities Sub-Committee H.C. Mukherjee
(c) North-East Frontier Tribal Areas and Assam Excluded Gopinath Bardoloi
& Partially Excluded Areas Sub-Committee
(d) Excluded and Partially Excluded Areas (other than A.V. Thakkar
those in Assam) Sub-Committee
(e) North-West Frontier Tribal Areas Sub-Committee The members of this Sub-
Committee were: Khan
Abdul Ghaffar Khan, Khan
Abdul Samad Khan and
Mehr Chand Khanna. The
information about the
Chairman is not found.
6) Rules of Procedure Committee Dr. Rajendra Prasad
7) States Committee (Committee for Negotiating with Jawaharlal Nehru
States)
8) Steering Committee Dr. Rajendra Prasad

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 Minor Committees
1) Finance and Staff Committee Dr. Rajendra Prasad
2) Credentials Committee Alladi Krishnaswami Ayyar
3) House Committee B. Pattabhi Sitaramayya
4) Order of Business Committee Dr. K.M. Munshi
5) Ad-hoc Committee on the National Flag Dr. Rajendra Prasad
6) Committee on the Functions of the Constituent Assembly G.V. Mavalankar
7) Ad-hoc Committee on the Supreme Court S. Varadachari
(Not an Assembly Member)
8) Committee on Chief Commissioners’ Provinces B. Pattabhi Sitaramayya
9) Expert Committee on the Financial Provisions of the Nalini Ranjan Sarkar
Union Constitution (Not an Assembly Member)
10) Linguistic Provinces Commission S.K. Dhar
(Not an Assembly Member)
11) Special Committee to Examine the Draft Constitution Jawaharlal Nehru
12) Press Gallery Committee Usha Nath Sen
13) Ad-hoc Committee on Citizenship S. Varadachari
(Not an Assembly Member)
Drafting Committee
• Among all the committees of the Constituent Assembly, the most important committee
was the Drafting Committee set up on August 29, 1947. It was this committee that was
entrusted with the task of preparing a draft of the new Constitution. It included:
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 (He replaced B.L. Mitter who resigned due to ill-health)
7) T.T. Krishnamachari (He replaced D.P. Khaitan who died in 1948)
• The Drafting Committee prepared the first draft of the Constitution. This was then
circulated for the comments of jurists, lawyers, judges, and public. Following the
feedback and critique received, the Drafting Committee formulated a revised version,
comprising 315 Articles and 9 Schedules.

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 • On February 21, 1948, this updated draft was presented to the Constituent Assembly
for deliberation. The Assembly meticulously examined each clause of the draft during
its proceedings.
• The third reading of the Constitution began on November 14 and concluded on
November 26, 1949. The Preamble was the final segment to be endorsed. The entire
process spanned 2 years, 11 months, and 18 days.
• Dr. Ambedkar proposed a motion for the passage of the Constitution, as settled by the
Constituent Assembly. Consequently, on November 26, 1949, the Indian people,
represented by the Constituent Assembly, officially embraced and enacted the
Constitution, establishing the Sovereign Democratic Republic of India. Dr. Rajendra
Prasad, serving as the president of the assembly, affixed his signature to the document.
• The Constitution adopted on November 26, 1949, comprised a Preamble, 395 Articles,
and 8 Schedules.
• Upon the Constitution's commencement, the Indian Independence Act of 1947 and
the Government of India Act of 1935, along with all related amendments, were
repealed. Notably, the Abolition of Privy Council Jurisdiction Act (1949) remained in
force.
Enforcement of the Constitution
• Some provisions of the Constitution pertaining to citizenship, elections, provisional
parliament, temporary and transitional provisions, and short title 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.
Why January 26 was chosen?
• January 26 was specifically chosen as the ‘date of commencement’ of the Constitution
because of its historical importance. It was on this day in 1930 that Purna Swaraj
day was celebrated, following the resolution of the Lahore Session (December 1929)
of the INC.
A critical view of the Constituent Assembly
The key factors of criticism that the Constituent Assembly faced included:
1) Not a Representative Body:
The critics have argued that the Constituent Assembly was not a representative body as
its members were not directly elected by the people of India on the basis of universal
adult franchise.
2) Not a Sovereign Body:
The critics maintained that the Constituent Assembly was not a sovereign body as it
was created by the proposals of the British Government. Further, they said that the
Assembly held its sessions with the permission of the British Government.
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 3) Time Consuming:
According to the critics, the Constituent Assembly took unduly long time to make the
Constitution. They stated that the framers of the American Constitution took only four
months to complete their work.
In this context, Naziruddin Ahmed, a member of the Constituent Assembly, coined a
new name for the Drafting Committee to show his contempt for it. He called it a
“Drifting Committee”.
4) Dominated by Congress:
The critics charged that the Constituent Assembly was dominated by the Congress
party.
5) Lawyer-Politician Domination:
It is also maintained by the critics that the Constituent Assembly was dominated by
lawyers and politicians. They pointed out that other sections of the society were not
sufficiently represented. This, to them, is the main reason for the bulkiness and
complicated language of the Constitution.
6) Dominated by Hindus:
According to some critics, the Constituent Assembly was a Hindu dominated body.
Lord Viscount Simon called it ‘a body of Hindus’. Similarly, Winston Churchill
commented that the Constituent Assembly represented ‘only one major community in
India’.
SOME IMPORTANT FACTS
• Elephant was adopted as the symbol (seal) of the Constituent Assembly.

• Sir B.N. Rau was appointed as the constitutional advisor (Legal advisor) to the
Constituent Assembly.
• H.V.R. Iyengar was the Secretary to the Constituent Assembly.
• S.N. Mukerjee was the chief draftsman of the constitution in the Constituent Assembly.
• Prem Behari Narain Raizada was the calligrapher of the Indian Constitution. The
original constitution was handwritten by him in a flowing italic style.
• The original version was beautified and decorated by artists from Shantiniketan
including Nand Lal Bose and Beohar Rammanohar Sinha.

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 • Beohar Rammanohar Sinha illuminated, beautified and ornamented the original
Preamble calligraphed by Prem Behari Narain Raizada.
• The calligraphy of the Hindi version of the original constitution was done by Vasant
Krishan Vaidya and elegantly decorated and illuminated by Nand Lal Bose.
• Originally, the Constitution of India did not make any provision with respect to an
authoritative text of the Constitution in the Hindi language. Later, a provision in this
regard was made by the 58th Constitutional Amendment Act of 1987.
This amendment inserted a new Article 394-A in the last part of the Constitution i.e., Part
XXII. This article contains the following provisions:
1) The President shall cause to be published under his authority:
(i) The translation of the Constitution in Hindi language. The modifications which are
necessary to bring it in conformity with the language, style and terminology
adopted in the authoritative texts of the Central Acts in Hindi can be made in it. All
the amendments of the Constitution made before such publication should be
incorporated in it.
(ii) The translation in Hindi of every amendment of the constitution made in English.
2) The translation of the Constitution and its every amendment published shall be
construed to have the same meaning as the original text in English. If any difficulty
arises in this matter, the President shall cause the Hindi text to be revised suitably.
3) The translation of the Constitution and its every amendment published shall be deemed
to be, for all purposes, its authoritative text in Hindi.

SALIENT FEATURES OF THE INDIAN CONSTITUTION

The Indian Constitution is unique in its contents and spirit. It is remarkable for many
outstanding features though it has been prepared after "ransacking all the known Constitutions
of the world" and most of its provisions are substantially borrowed from others. Although the
Constitution of India incorporates elements from many other constitutions worldwide, it
possesses several distinctive features that set it apart from the constitutions of other countries.
SALIENT FEATURES:
The salient features of the Indian Constitution are listed and briefed below:
1. Lengthiest Written Constitution
• Constitutions are classified into written, like the American Constitution, or unwritten,
like the British Constitution.
• The written constitution is necessary for the following reasons –
◦ To protect the democracy
◦ To protect the rights
◦ To impose the limitations on the powers of the government

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 • The Constitution of India holds the distinction of being the longest and most detailed
constitutional document ever produced. In fact, it is the lengthiest written constitution
in the world.
• The factors that contributed to the elephantine size of the Indian Constitution are:
i. Geographical factors, that is, the vastness of the country and its diversity.
ii. Historical factors, such as the influence of the bulky Government of India Act
of 1935.
iii. A single constitution applicable to both the Centre and the states.
iv. The prominence of legal experts in the Constituent Assembly.
• The Constitution of India encompasses not only the fundamental principles of
governance but also detailed administrative provisions.
• The Constitution of India contains not only the fundamental principles of governance
but also detailed administrative provisions.
• Both justiciable and non-justiciable rights are included in the Constitution.
The constitution is very huge because there are provisions for:
1. Both union and state governments
2. Special sections
3. Fundamental Rights
4. Duties of the state in the form of Directive principles
5. language
6. Citizenship
7. Territory of India and other special areas
8. The three organs of government and the limitations of their powers

2. Drawn from Various Sources

• The Constitution of India has incorporated most of its provisions from the constitutions
of various other countries, as well as from the Government of India Act of 1935, with
about 250 provisions from the Act included.
• Dr. B.R. Ambedkar proudly stated that the Constitution of India was framed after
thoroughly examining all known constitutions of the world.
• The structural part of the Constitution is largely derived from the Government of India
Act of 1935.
• The philosophical part of the Constitution, including the Fundamental Rights and the
Directive Principles of State Policy, is inspired by the American and Irish
Constitutions, respectively.

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 • The political part of the Constitution, encompassing the principle of Cabinet
government and the relationship between the executive and the legislature, is primarily
drawn from the British Constitution.

Source Matters borrowed

1935 GOI Act 1. Federalism

2. Governor
3. Judiciary
4. Public Service Commissions
5. Emergency
6. Administrative matters

Britain 1. Parliamentary Government

2. Rule of law
3. Process of legislation
4. Single citizenship
5. Cabinet system
6. Writs
7. Privileges of parliament
8. Bicameralism

USA 1. Fundamental Rights

2. Independent Judiciary
3. Judicial review
4. Procedure of dismissing the president
5. Procedure of dismissing the Judges of Supreme Court and
High Courts
6. Post of the Vice President

Ireland 1. Directive Principles

2. Nomination to the Rajya sabha
3. Procedure of electing the President

Canada 1. Federation with a strong centre.

2. Residuary powers to the centre
3. Appointing the governor by centre.
4. Advisory jurisdiction of the Supreme court

Australia 1. Concurrent list

2. Interstate freedom of trade
3. Joint meeting of the parliament

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Russia 1. Fundamental Duties
2. Ideal of justice in the Preamble

France 1. Republic
2. Ideals of Liberty, equality and fraternity

South Africa 1. Method of Amending the constitution

2. Election of the members of the Rajya Sabha

Japan 1. The Phrase Procedure stablished by law’ in the Right

to life

Germany 1. Suspending Fundamental

Rights during the emergency.

3. Blend of Rigidity and Flexibility

• Constitutions are classified into rigid and flexible.

• The Indian Constitution is a unique example of a combination of rigidity and

flexibility.
• A constitution may be called rigid or flexible on the basis of its amending procedure.
• The Indian Constitution provides for three types of amendments ranging from simple
to most difficult procedures depending on the nature of the amendment.
4. Federal System with Unitary Bias.
• The Constitution of India establishes a federal system of government.
• It includes all the standard features of a federation, such as dual governments, a division
of powers, a written constitution, the supremacy of the constitution, constitutional
rigidity, an independent judiciary, and bicameralism.
• However, the Indian Constitution also incorporates numerous unitary or non-federal
elements, such as a strong Centre, a single Constitution, the appointment of state
governors by the Centre, all-India services, and an integrated judiciary.
• Furthermore, the term "Federation" is not mentioned in the Constitution.
• Article 1 describes India as a "Union of States," which implies two things:

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 1. The Indian Federation is not the result of an agreement among the states.
2. No state has the right to secede from the union.
• Therefore, the Indian Constitution has been described as "federal in form but unitary
in spirit" and "quasi-federal" by K.C. Wheare.

Indian constitution has both

Federal Features Unitary features

1. Dual polity 1. Strong central government

2. Division of powers 2. Single constitution
3. Written constitution 3. Single citizenship
4. Constitutional supremacy 4. Integrated judiciary
5. Independent judiciary 5. Appointment of Governor by the Union
6. Bicameralism 6. All India Services
7. Written constitution 7. Emergency provisions

5. Parliamentary Form of Government

• The Constitution of India has chosen the British Parliamentary System of
Government over the American Presidential system.
• The parliamentary system operates on the principle of cooperation and coordination
between the legislative and executive branches, whereas the presidential system is
based on the separation of powers between these two branches.
• This system is also known as the 'Westminster model of government,' 'responsible
government,' and 'cabinet government.'
• The Constitution establishes the parliamentary system not only at the Centre but also in
the States.
• In a parliamentary system, the role of the Prime Minister has become so significant that
it is often referred to as a 'Prime Ministerial Government.'
What are the features of Parliamentary Government in India?
The features of parliamentary government in India are as follows:
Presence of real and An elected President Membership of the Collective
nominal Executives at the head Ministers in the responsibility of the
(Republic) Legislature Executive to the
Legislature
Majority party rule Indian Parliament is The leadership of the Dissolution of the
not a sovereign body Prime Minister or Lower House (Lok
the Chief Minister Sabha or Assembly)

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 like the British
Parliament

Some other key aspects of the Indian Parliamentary system:

1. PM and council of ministers are collectively responsible to the Lok Sabha
2. PM and council of ministers should have majority in the Lok Sabha
3. PM and council of ministers should enjoy confidence of the Lok Sabha
4. PM and council of ministers are the real executive and the president is the nominal
executive
5. Each minister is individually responsible to the President for every act of commission
and omission in his department.
6. Lok Sabha can be dissolved pre maturely by the President on the advice of the PM
and council of ministers

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

• The doctrine of parliamentary sovereignty is associated with the British Parliament,
while the principle of judicial supremacy is linked to the American Supreme Court.
• Just as the Indian parliamentary system differs from the British system, the scope of the
Supreme Court of India's judicial review is narrower than that of the US Supreme
Court.
• This is because the American Constitution provides for 'due process of law,' whereas
the Indian Constitution (Article 21) specifies 'procedure established by law.'
• Consequently, the framers of the Indian Constitution have opted for a synthesis between
the British principle of parliamentary sovereignty and the American principle of judicial
supremacy.
• The Supreme Court of India has the power to declare parliamentary laws
unconstitutional through judicial review, while Parliament has the constituent power
to amend most parts of the Constitution.

Judicial Review:
• Borrowed from USA.
• The term ‘judicial review’ is not mentioned in the Constitution.
• It is inherent in Article 13.
• Supreme Court and High Court are empowered to undertake the
judicial review

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7. Rule of Law
• According to this axiom, people are ruled by law but not by men, that is, the basic
truism that no man is infallible. The axiom is vital to a democracy. More importantly,
in a democracy, law is sovereign. The primary component of law is custom, which
consists of the habitual practices and beliefs of the common people developed over
many years.
• In the final analysis, the rule of law means the sovereignty of the common man’s
collective wisdom.

Rule of law means a few more things like:

The highest judiciary is the

There is no room for Each individual enjoys final authority in
arbitrariness some fundamental rights maintaining the sanctity of
the law of the land.

• The Constitution of India has incorporated this principle in Part III and in order to
provide meaning to Article 14 (all are equal before the law and all enjoy equal
protection of laws), the promotion of Lok Adalats and the venture of the Supreme Court
known as “public interest litigation” have been implemented.
• Also, as per today’s law of the land, any litigant can appeal to the presiding judicial
authority to argue the case by himself or seek legal assistance with the help of the
judiciary.

8. Integrated and Independent Judiciary

• India has a single integrated judicial system.
• Also, the Indian Constitution establishes Independent Judiciary by enabling the
Indian judiciary to be free from the influence of the executive and the legislature.

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 • The Supreme Court stands as the apex court of the judicial system. Below the Supreme
Court are the High Courts at the state level. Under a High Court, there is a hierarchy of
subordinate courts, that is district courts and the other lower courts.
• The Supreme Court is a federal court, the highest court of appeal, the guarantor of the
fundamental rights of the citizens and the guardian of the Constitution. Hence, the
Constitution has made various provisions to ensure its independence.

9. Fundamental Rights
• Articles 12 to 35 under Part III of the Indian Constitution guarantees six fundamental
rights to all Citizens.
• It is a borrowed feature from the US constitution.
• The original constitution contained 7 rights. In 1978, by the 44th amendment, Right to
Property was repealed. At present there are only 6 Fundamental Rights
• The Constitution enshrines the fundamental principle that every individual is entitled
to certain rights as a human being, and the enjoyment of these rights does not depend
on the will of any majority or minority. No majority has the authority to revoke these
rights.
• The fundamental rights are designed to promote the concept of political democracy.
They serve as checks against the tyranny of the executive and the arbitrary laws of the
legislature.
• These rights are justiciable, meaning they are enforceable by the courts in case of their
violation.

10. Directive Principles of State Policy

• According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel
feature’ of the Indian Constitution. They are enumerated in Part IV of the
Constitution.
• The DPSP prescribes the duties of the state to be followed in its policies and legislations
• Borrowed from Irish Constitution, the Directive Principles were included in our
Constitution in order to provide social and economic justice to our people. Directive
Principles aim at establishing a welfare state in India where there will be no
concentration of wealth in the hands of a few.
• They are contained under Part IV, Article 36-51 and are non-justiciable in nature.
• In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian Constitution
is founded on the bedrock of the balance between the Fundamental Rights and the
Directive Principles’.

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11. Fundamental Duties
• The original constitution did not provide for the fundamental duties of the citizens.
• Borrowed from the constitution of USSR, the Fundamental Duties were added to our
Constitution by the 42nd Amendment Act of 1976 on the recommendation of the
Swaran Singh Committee. Later, The 86th Constitutional Amendment Act of 2002
introduced an additional fundamental duty.
• These duties are listed under Part IV-A, Article 51-A (a to k).
• While rights are guaranteed to the people, duties are obligations that every citizen is
expected to fulfill.
• Similar to the Directive Principles of State Policy, these duties are non-justiciable.
• Altogether, there are 11 fundamental duties outlined in the Constitution.

12. Indian Secularism

• The Constitution of India stands for a secular state.
• Hence, it does not uphold any particular religion as the official religion of the Indian
State.
• The distinguishing features of a secular democracy contemplated by the Constitution
of India are:
a. The State will not identify itself with or be controlled by any religion;
b. While the State guarantees everyone the right to profess whatever religion one
chooses to follow (which includes also the right to be an antagonist or an atheist),
it will not accord preferential treatment to any of them;
c. No discrimination will be shown by the State against any person on account of his
religion or faith; and
d. The right of every citizen, subject to any general condition, to enter any office under
the state will be equal to that of fellow citizens. Political equality which entitles any
Indian citizen to seek the highest office under the State is the heart and soul of
secularism as envisaged by Constitution.
• The Indian concept of secular state does not mean that the State in India is anti-religious.

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 • Moreover, the Constitution has also abolished the old system of communal
representation. However, it provides for the temporary reservation of seats for the
scheduled castes and scheduled tribes to ensure adequate representation to them.

13. Universal Adult Franchise

• Indian democracy functions on the basis of ‘one person one vote’.
• Every citizen of India who is 18 years of age or above is entitled to vote in the elections
irrespective of caste, sex, race, religion or status.
• The Indian Constitution establishes political equality in India through the method of
universal adult franchise.

14. Single Citizenship

• In federal states like the USA, citizens typically hold dual citizenship.
• However, in India, there exists only single citizenship, meaning every individual is a
citizen of India regardless of their residence or birthplace.
• Individuals are not citizens of constituent states like Jharkhand, Uttarakhand, or
Chhattisgarh, but remain citizens of India.
• All Indian citizens have the right to seek employment anywhere within the country
and enjoy equal rights across all regions.
• The framers of the Constitution intentionally chose single citizenship to mitigate
regionalism and other divisive tendencies.
• Single citizenship has significantly fostered a sense of unity among the people of India.
A system of Single Citizenship ensures the
following:
(i) Unity and integrity
(ii) Freedom of movement
(iii) Freedom of permanent settlement
(iv) Fraternity
(v) Culture sharing

15. Independent Bodies

• The Indian Constitution not only provides for the Legislative, Executive and Judicial
organs of the Government (Central and State) but also establishes certain independent
bodies.
• They are envisaged by the Constitution as the bulwarks of the democratic system of
Government in India. It includes the Supreme Court, Election Commission, Union
Public Service Commission and the Comptroller and Auditor General of India.

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16. Emergency Provisions
• The Constitution makers also foresaw that there could be situations when the
government could not be run as in ordinary times. To cope with such situations, the
Constitution elaborates on emergency provisions.
• There are three types of emergencies
a. Emergency caused by war, external aggression or armed rebellion [Article 352]
b. Emergency arising out of the failure of constitutional machinery in states [Article
356 & 365]
c. Financial emergency [Article 360].
• The rationality behind the incorporation of these provisions is to safeguard the
sovereignty, unity, integrity and security of the country, the democratic political system
and the Constitution.
• During an emergency, the central government becomes all-powerful and the states go
into total control of the centre.
• This kind of transformation of the political system from federal (during normal times)
to unitary (during an Emergency) is a unique feature of the Indian Constitution.

17. Three-tier Government

• Originally, the Indian Constitution established a dual polity, delineating the
organization and powers of the Centre and the States.
• Subsequently, the 73rd and 74th Constitutional Amendment Acts of 1992
introduced a third tier of government, known as Local Government, a unique feature
not found in other constitutions worldwide.
• The 73rd Amendment Act of 1992 constitutionally recognized Panchayats (rural local
governments) by introducing a new Part IX and Schedule 11 to the Constitution.
• Similarly, the 74th Amendment Act of 1992 provided constitutional recognition to
Municipalities (urban local governments) by adding a new Part IX-A and Schedule
12 to the Constitution.

18. Co-operative Societies

• The 97th Constitutional Amendment Act of 2011 gave constitutional status and
protection of cooperative societies.
• In this context, it made the following three changes to the Constitution:
a. It made the right to form cooperative societies a fundamental right (Article
19).
b. It included a new Directive Principles of State Policy on the promotion of
cooperative societies (Article 43-B).

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 c. It added a new Part IX-B in the Constitution which is entitled “The Co-
operative Societies” [Articles 243-ZH to 243-ZT].
• Part IX-B of the Constitution includes provisions aimed at ensuring that cooperative
societies across the country operate democratically, professionally, autonomously, and
in an economically sustainable manner.
• It grants authority to Parliament for multi-state cooperative societies and to state
legislatures for other cooperative societies to enact suitable legislation.

THE PHILOSOPHY OF CONSTITUTION

On January 22, 1947, the Constituent Assembly adopted the Objectives Resolution drafted by
Jawaharlal Nehru. The Objectives Resolution contained the fundamental propositions of the
Constitution and set forth the political ideas that should guide its deliberations.
The main principles of the Objectives Resolution were:
• India is to be an independent, sovereign republic;
• India is to be a democratic union with an equal level of self-government in all the
constituent parts;
• All power and the authority of the union government and governments of the constituent
parts are derived from the people;
• The constitution must strive to obtain and guarantee to the people justice-based upon
social, economic and political equality, of opportunity and equality before the law;
• There should be freedom of thought, expression, belief, faith, worship, vocation,
association and action;
• The constitution must provide just rights for minorities, and people from backward and
tribal areas, etc. So that they can be equal participants of social, economic and political
justice; and
• To frame a constitution that should secure for India, a due place in the community of
nations.
• The philosophy of a Constitution consists of the ideals for which the Constitution stands
and the policies that the Constitution enjoins upon the rulers of the Community to
follow.
The Constitution of India reflects the impact of our ideology in the following spheres:
(i) Secularism: Secularism is a foundational principle of the Indian Constitution. It
ensures that individuals of all faiths have the freedom to practice their religion as
they choose. In India, all religions are treated equally and respected. This principle
acknowledges that all religions promote compassion and uphold truth. Throughout
modern India's history, social reformers and political leaders have consistently
advocated for religious tolerance, freedom, and equal respect for all faiths.

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 Interestingly, the original Constitution adopted in 1949 did not explicitly mention
the term 'secularism.' It was later included in the Preamble to the Constitution
through the 42nd Amendment passed in 1976.
(ii) Democracy: We have adopted the contemporary form of democracy from
Western models, where democracy entails regular accountability of the government
to the populace. This accountability is facilitated through periodic elections held
every five years, enabling the people to elect their government.
However, democracy extends beyond political processes to encompass economic
and social dimensions of life. This broader perspective of democracy is effectively
reflected in the Directive Principles of State Policy. These principles are oriented
towards promoting human welfare, fostering cooperation, nurturing international
brotherhood, and similar objectives.
(iii) Sarvodaya: Sarvodaya embodies the principle of universal welfare, distinct from
merely majority welfare. It aims to ensure the welfare of all individuals without
exception, often likened to the concept of Ram Rajya. Developed by Mahatma
Gandhi, Acharya Vinoba Bhave, and J. Narayan, Sarvodaya emphasizes holistic
development encompassing material, spiritual, moral, and mental dimensions for
everyone.
This ideal is reflected in both the Preamble to the Indian Constitution and the
Directive Principles of State Policy, which advocate for the comprehensive
upliftment and well-being of all individuals.
(iv) Socialism: Socialism has deep roots in India, intertwined with Vedanta
philosophy and embedded in the national freedom struggle. Figures like Jawaharlal
Nehru openly identified as socialist and republican. Today, most political parties in
India advocate for democratic socialism, which is enshrined in the Directive
Principles of State Policy.
To underscore this commitment, the term 'socialism' was explicitly incorporated
into the Preamble of the Constitution through the 42nd Amendment.
(v) Humanism: Humanism is a salient feature of Indian ideology. Indian ideology
regards the whole of humanity as one big family. It believes in resolving
international disputes through mutual negotiations. This is what we find in the
Directive Principles of State Policy.
(vi) Decentralization: Decentralization is a core principle of Sarvodaya, reflecting
India's historical practice through the Panchayat system. Mahatma Gandhi, often
viewed as a philosophical anarchist, strongly advocated for decentralization. This
principle underscores the introduction of the Panchayati Raj system in India,
aimed at achieving effective decentralization.
Furthermore, the Directive Principles of State Policy promote decentralization
through initiatives like cottage industries. These principles emphasize empowering

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 local communities and promoting self-reliance, aligning with the broader goal of
decentralization.
(vii) Liberalism: Liberalism does not refer to the Western concept of liberalism. It
refers, in the Indian context, to self-government, secularism, nationalism, economic
reforms, constitutional approach, representative institutions etc. All these concepts
were advocated by modern Indian leaders.
(viii) Mixed Economy: Co-existence is a salient feature of our ideology. Co-existence
has manifested itself through a mixed system of economy. In this system, we have
allowed both the private and public sectors of the economy to work simultaneously.
Large-scale and essential industries have been put in the public sector.
(ix) Gandhism: Gandhism represents an ethical and moral India. Mahatma Gandhi set
a new example of fighting foreign rule through non-violence. He taught the
importance of non-violence and truth. He advocated untouchability, cottage
industry, prohibition, adult education and the uplift of villages. He wanted a society
free of exploitation and decentralized in character. All these Gandhian principles
have found an honorable place in the Constitution of India.
Some unique combinations.
The Indian constitution combines many contradictory elements that makes it unique.
A. Parliamentary sovereignty with judicial review
Country Judicial review Parliamentary sovereignty

England Absent Present

USA Present Absent

India Present Present

B. Quasi federation
Country Federalism Unitary
England Absent Present
USA Present Absent
India Present Present
C. Independent – integrated judiciary
Country Independent Integrated
USA Yes No
UK No Yes
India Yes Yes

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Independent Judiciary – federal feature Integrated judiciary – unitary feature

1. Security of tenure 1. All the courts working under the

2. High salaries hierarchy of supreme court
3. Prohibiting post-retirement employment 2. Uniform legal system
4. Prohibition on discussion on judges’ 3. Power of supreme court to act as final
behavior in parliament court of appeal
5. Power to punish contempt of court 4. Contempt of court against lower court
judges
6. Separation of judiciary from executive

Parts and Schedules

• The Constitution of India is the supreme law in India. A Constitution is a set of rules
and regulations guiding the administration of a country. The constitution of India is the
framework for political principles, procedures and powers of the government. It is also
the longest constitution in the world. Originally, it consisted of 395 Articles arranged
under 22 Parts and 8 Schedules. As of 2023, after many amendments it has 470 Articles,
12 schedules, and 25 Parts with 5 appendices and 98 amendments. The original
constitution was written on 26 November 1949, and was made the centre of law on 26
January 1950.
• India had to face many problems after independence. Rehabilitating the refugees who
migrated from Pakistan, merging the princely states, maintenance of law and order were
the major challenges. Sardar Patel successfully achieved the merger of the princely
states and provinces with the Union of India. Even the challenge of framing a
constitution in order to enable govern the country was also fulfilled.
• The recommendations of the Motilal Nehru Committee and the decisions taken by the
meeting of National Congress at Karachi prepared for the formation of a Constituent
Assembly.
Parts of the constitution

Part Set of articles Content

1. 1-4 Territory of the union

2. 5-11 Citizenship

3. 12-35 Fundamental rights

4. 36-51 Directive Principles

4A. 51A(a-k) Fundamental duties

5. 52-123 Union government

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 52-78 Ch.1: Executive

79-122 Ch2: Parliament

123 Ch3: legislative powers of the President

124-147 Ch4: Judiciary

148-151 Ch5: C&AG

6 152-237 State Government

152 Ch1: General

153-167 Ch2: executive

168-212 Ch3: state Legislature

213 Ch4: legislative powers of the Governor

214-231 CH5: High courts

233-237 Ch6: Subordinate Courts

7 238 States in part B of First schedule (repealed)

8 239-242 Union territories

9 243-243O Panchayats

9A 243P-243ZG Municipalities

9B 243ZH-243ZT Cooperative societies

10 244-244A Scheduled and Tribal Areas

11 245-263 Union state relations

12 265-300A Finance, Property, Contracts and suits

13 301-307 Trade, Commerce, and intercourse within the territory of India

14 308-323 Services under the union and states

308-314 Ch1: Services

315-323 Ch2: Public Service Commissions

14A 323A-323B Tribunals

15 324-329A Election

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 16 330-342 Special provisions relating to certain classes

17 343-351 Official language

Ch1: language of the

Ch2: Regional language

Ch3: language of the Supreme Court, High Courts, etc.

Ch4: Special Directives

18 352-360 Emergency provisions

19 361-367 Miscellaneous

20 368 Amendment of the constitution

21 369-392 Temporary and special Provisions

22 393-395 Short title, commencement, authoritative text in Hindi

Schedules in the Constitution

• Schedules are lists in the Constitution of India that categorize and tabulate bureaucratic
activities and policies of the Government. Indian Constitution currently comprises 12
Schedules. One of the first mentions of Schedules was made in the Government of India
Act, 1935 where it included 10 Schedules.
• The Indian Constitution originally had eight schedules. The 9th schedule was added via
First Amendment Act, while 10th Schedule was first added by 35th Amendment
[Sikkim as Associate State]. Once Sikkim became a state of India, the 10 Schedule was
repealed but later added once again by 52th Amendment Act, 1985 in context with the
“Anti-defection” law.
Objectives of providing Schedule in the Indian Constitution
• The objective of the schedule is to make the act's provisions less complicated by
separating the legal element from the additional information, making it briefer and
easier to understand.
• The division facilitated by schedules offers practical advantages, especially during
revisions. Without this separation, each update of additional information would
necessitate revising the main article, which can be a time-consuming process.
• Schedules are not limited to the Indian Constitution; they are employed in various laws
for diverse purposes. They serve to enumerate states and union territories, as well as
other subject matters falling under state, union, or concurrent jurisdiction.
• Consequently, schedules are versatile tools in legislation, serving multiple functions.
They are used to provide supplementary details or clarification to specific sections or

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 articles where necessary, thereby enhancing clarity and completeness without requiring
extensive revisions to the main text.

Schedule Articles Description

I 1&4 List of states (29) and Union territories (6+1 union capital
territory) and their territorial jurisdiction

II 59 (3),65 (3), 75 (6), Part A: Salaries and service conditions of the president and
97, 125, 148 (3), 158 Governors
(3), 186, 221 Part B: Omitted
Part C: Salary and service conditions of the Speaker & Dy.
Speaker of lok sabha and legislative assemblies,
Chairman, Deputy chairman of the Rajyasabha and
legislative councils
Part D: Salary and service conditions of the Judges of
Supreme court and High courts
Part E: Salary and service conditions of the Comptroller
and Auditor General

III Articles 75 (4), 99, Forms of Oaths of –

124 (6), 148 (2), 164 1. Union & State Minister: oath of office and secrecy
(3), 188 and 219 2. candidates contesting as MPs & MLAs or MLCs: to
bear true faith and allegiance to the Constitution of
India
3. MPs: to bear true faith and allegiance to the
Constitution of India
4. Supreme court Judges, High Court Judges and C&AG:
faithful to the constitution

IV Articles 4(1) & 80(2) Allocation of seats in the Council of States

V Article 244(1) Provisions as to the Administration and Control of

Scheduled Areas and Scheduled Tribes

VI Articles 244(2) & Provisions as to the Administration of Tribal Areas in the

275(1) States of Assam, Meghalaya, Tripura and Mizoram

VII Article 246 List 1-Union list; List 2 – State list; List 3 – Concurrent list

VIII Articles 344 (1) and Languages

351

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IX Article 31 (B) Land reform acts, acts of nationalization, Mining acts,
Some PD acts, Tamil Nadu reservation act etc. (total 284)

X Articles 102 (2) and Anti defections act

191 (2)

XI Article 243 G List of 29 functions and finances of the panchayat raj

institutions

XII Article 243 W List of 18 functions and finances of the municipal

governments

AMENDMENT OF THE CONSTITUTION

An amendment to constitution means any change brought to the constitution by adding or
deleting or modifying any provision of the constitution. The procedure for amendment
determines whether a constitution is rigid or flexible. If the procedure for amending the
constitution is simple, the constitution is flexible and in case the procedure is difficult the
constitution is said to be rigid.

• Every constitution of the world contains provisions for amending the constitution. “A
constitution to be living, must be growing”. Amending the Constitution of India is the
process of making changes to the nation's fundamental law or supreme law. The
procedure of amendment in the constitution is laid down in Part XX (Article 368) of
the Constitution of India.
The Constitution of India provides for a distinctive amendment process when compared to the
Constitutions of other nations. This can be described as partly flexible and partly rigid. The
Constitution provides for a variety in the amending process.
A. During the discussion in the Constituent Assembly on this aspect, some members were
in favour of adopting an easier mode of amending procedure for the initial five to ten
years.
B. Explaining why it was necessary to introduce an element of flexibility in the
Constitution, Jawaharlal Nehru observed in the Constituent Assembly on 8 November
1948—, "While we want this Constitution to be as solid and as permanent a structure
as we can make it, nevertheless there is no permanence in Constitutions. There should
be a certain flexibility. If you make anything rigid and permanent, you stop a nation’s
growth, the growth of a living, vital, organic people. Therefore, it has to be flexible ...”
C. In the meantime, according to Babasaheb Ambedkar—if there is an easy amendment
procedure to the constitution then it is like axe for a coming government as they will
amend according to their whims and fancies if they feel certain article of constitution is
obstacle to their government or party politics, as seen in various amendments but

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 judicial review helped in getting stopped from axing the Constitution through basic
structure of constitution.
POWER OF PARLIAMENT TO AMEND THE CONSTITUTION AND PROCEDURE
Like any other written Constitution, the constitution of India also provides for its amendment
in order to adjust itself to the changing conditions and needs.
However, the procedure laid down for its amendment is neither as easy as in Britain nor as
difficult as in USA. In other words, the Indian Constitution is neither flexible nor rigid but a
synthesis of both.
Procedure for Amendment
The power to amend the constitution is vested in the union Parliament. The state legislatures
do not have the power to initiate any amendment. Hence, it is a unitary power.

• A bill seeking to amend the constitution can be introduced in either Lok Sabha or
Rajya Sabha. Both the Houses have equal powers and enjoy equal status in respect of
the amending the constitution.

• The bill can be introduced either by a minister or by a private member and does
not require prior permission of the president.

• The constitution amendment bill has to be passed by a majority of total membership

of the House and by a majority of not less than two-thirds of the members of the
House present and voting.

• The bill needs to be passed in Lok Sabha and Rajya Sabha separately. In case of any
difference of opinion between the two Houses, then the amendment cannot be carried
out. As a result, it is clear that the constitution does not provide for joint sitting,
under Article 108, in case of constitution amendment bill.

• After being passed by each House, the bill is to be presented to the President. After the
Constitution (24th Amendment) Act, 1971, it is binding on the President to give his
assent. Thus, the President does not enjoy any veto in respect of a constitution
amendment bill.

• The bill has to be ratified by the legislature of at least half the number of states, If
the bill seeks to amend the federal provisions of the Constitution

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 • Fig : How a Constitution Amendment Bill becomes an Act
Any amendment made to the constitution is subjected to judicial review. In case the court found
the amendment to be ultra vires the constitution, then the court can strike it down. Recently,
the Supreme Court had struck down the amendment to constitution establishing the National
Judicial Appointments Commission.
There are two broad procedures for amending the Constitution of India. They are:

• Amendment by the procedure given in Article 368.

• Amendment by ordinary legislations.

However, 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.

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Types of Majorities

Amendment 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. president, the governors, the Speakers,

judges, etc.
• Formation of new states and alteration of
areas, boundaries or names of existing • Quorum in Parliament.
states.
• Salaries and allowances of the members of
• Abolition or creation of legislative Parliament.
councils in states.
• Rules of procedure in Parliament.
• Second Schedule–emoluments,
• Privileges of the Parliament, its members
allowances, privileges and so on of the
and its committees.

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• Use of English language in Parliament. • Elections to Parliament and state
legislatures.
• Number of puisne judges in the Supreme
Court. • Delimitation of constituencies.

• Conferment of more jurisdiction on the • Union territories.

Supreme Court.
• Fifth Schedule–administration of
• Use of official language. scheduled areas and scheduled tribes.

• Citizenship–acquisition and termination. • Sixth Schedule–administration of tribal

areas.
Amendment 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 per cent) 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 fact whether there are vacancies or absentees.
All types of majorities other than the absolute, effective or simple majority are known as the
special majority. special majorities are of 4 types—

• Type 1 – Special Majority as Per Article 249.

• Type 2 – Special Majority as per Article 368.

• Type 3 – Special Majority as per Article 368 + 50 percent state ratification by a simple
majority.

• Type 4 – Special Majority as per Article 61.

Special Majority as per Article 249

Special majority as per article 249 requires a majority of 2/3rd members present and
voting.

• Cases used: To pass the Rajya Sabha resolution to empower the parliament to make
laws in the state list. (valid up to 1 year, but can be extended any number of times).

Special Majority as per Article 368

Special majority as per article 368 requires a majority of 2/3rd members present and
voting supported by more than 50% of the total strength of the house. This type of
majority is used for most of the Constitutional amendment bills.

• Cases used:
o To pass a constitutional amendment bill that does not affect federalism.

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 ▪ Amending Fundamental Rights, DPSPs etc.
o Removal of judges of SC/HC.
o Removal of CEC/CAG.
o Approval of a national emergency requires a special majority as per Article 368 in
both houses.
o Resolution by the state legislature for the creation/abolition of the Legislative
Council (Article 169).

Special Majority as per Article 368 with State Ratification

This type of special majority is required when a constitutional amendment bill tries to
change the federal structure. Special majority as per article 368 plus state ratification
requires a majority of 2/3rd members present and voting supported by more than 50%
of the state legislatures by a simple majority.
A good example would be the bill that introduced the Goods and Services Tax (GST) Act.
It required the support of at least 15 state legislatures out of the 29 states.

• Cases used: To pass a constitutional amendment bill which affects federalism like
the position of High Court Judges.

Special Majority as per Article 61

Special majority as per Article 61 requires a majority of 2/3rd members of the total
strength of the house. In Lok Sabha, the special majority as per Article 61 is 364 while in
Rajya Sabha, the special majority as per Article 61 is 164.

• Cases used: For the impeachment of the Indian President.

Amendment 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 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 between the Union and the states.

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 • Goods and Services Tax Council.

• 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).

CRITICISM OF THE AMENDMENT PROCEDURE

Many scholars had voice criticism about the amendment procedure of the Constitution on the
following grounds—
1. There is no provision for a special body like Constitutional Convention (as in USA) or
Constitutional Assembly for amending the Constitution.

• The constituent power is vested in the Parliament and only in few cases, in the state
legislatures.
2. The power to initiate an amendment to the Constitution lies with the Parliament.

• Hence, unlike in USA, the state legislatures cannot initiate any bill or proposal for
amending the Constitution except in one case, that is, passing a resolution requesting
the Parliament for the creation or abolition of legislative councils in the states. Here
also, the Parliament can either approve or disapprove such a resolution or may not take
any action on it.
3. Major part of the Constitution can be amended by the Parliament alone either by a
special majority or by a simple majority.

• Only in few cases, the consent of the state legislatures is required and that too, only half
of them, while in USA, it is three-fourths of the states.
4. The Constitution does not prescribe the time frame within which the state legislatures
should ratify or reject an amendment submitted to them.

• Also, it is silent on the issue whether the states can withdraw their approval after
according the same.
5. There is no provision for holding a joint sitting of both the Houses of Parliament if there
is a deadlock over the passage of a constitutional amendment bill.

• On the other hand, a provision for a joint sitting is made in the case of an ordinary bill.
6. The process of amendment is similar to that of a legislative process.

• Except for the special majority, the constitutional amendment bills are to be passed by
the Parliament in the same way as ordinary bills.
• “It strikes a good balance between flexibility and rigidity” - K.C. Wheare

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Despite these defects, it cannot be denied that the process has proved to be simple and easy and
has succeeded in meeting the changed needs and conditions. The procedure is not so flexible
as to allow the ruling parties to change it according to their whims. Nor is it so rigid as to be
incapable of adopting itself to the changing needs.

• “The amending process has proved itself one of the most ably conceived aspects of the
Constitution. Although it appears complicated, it is merely diverse”- Granville Austin
Since the commencement of the Constitution in 1950, over 100 Constitutional Amendments
have been affected to this date. All this has been done in exercise of the Parliament's constituent
powers and often to meet unforeseen difficulties created and situations brought about as a result
of the decisions of courts and their interpretations of constitutional provisions.
Sometimes the amendments had become necessary to clarify the constitutional intent- the
intention of the framers of the Constitution behind particular provisions and to bring the text
of the Constitution closer to the accepted national goals and objectives as understood by the
Parliament.
Recent amendments

97th Amendment Gave constitutional status to ‘Cooperative Societies’

99th Amendment NJAC (2015); Supreme Court stroked it down.

100th Amendment Enclave exchange with Bangladesh

101st Amendment GST (2016)

102nd Amendment Constitutional status to National Commission for Backward

Classes (2018)

103rd Amendment 10% reservation for Economically Weaker Sections (EWS)

(2019)

104th Amendment Extended SC/ST reservation (in Parliament & State assemblies).
Removed Anglo-Indian reservation.

105th Amendment President’s power to specify socio-economically backward

classes in Central List for Central Govt. purposes (2021).

106th Amendment 1/3rd reservation for women in Lok Sabha and State assemblies.

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 QUESTION & ANSWERS
Q.1) Highlighting its provisions, analyse the impact of the Government of India Act
1935, in laying foundation for the subsequent constitutional developments in India.

Introduction The Government of India Act 1935 was enacted by the British
Parliament, based on the Simon Commission recommendations and
deliberations in three Round-table conferences. It had a profound
impact on the Indian political framework in the years to come.

Body Federal Structure:

• The Act proposed a federal structure for India, delineating powers
between the Centre and the Provinces. Although it never fully
materialized due to reluctance from Princely States, the concept
of a dual polity it introduced deeply ingrained in the Indian
psyche, paving the way for a federal structure in independent
India.
Provincial Autonomy:
• It granted Provincial autonomy, endowing them with legislative
and executive powers. This move, including the establishment of
bicameral legislatures in some provinces, expanded political
participation and laid a foundation for democratic governance at
the provincial level.
Separate Electorates:
• Continuing from previous Acts, it retained separate electorates for
Muslims, Sikhs, and other minorities, further extending them to
include Depressed Classes, Women, and Workers. This principle
of political representation for diverse groups informed the debates
and provisions for minority rights in the subsequent constitution.
Enfranchisement:
• The Act significantly extended the franchise, allowing about 10
percent of the total population the right to vote. This expansion of
political participation heralded the move towards Universal Adult
Franchise post-independence.
Public Service Commission:
• It called for the establishment of Public Service Commissions at
both Federal and Provincial levels, a precursor to the post-
independence formation of the Union Public Service Commission
(UPSC), Staff Selection Commission (SSC), and various State
Public Service Commissions (PSCs).

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 Federal Court:
• The Act's proposal to establish a Federal Court in India laid the
groundwork for the Supreme Court of India, envisaging a judicial
system with jurisdiction over federal disputes.
Governors:
• It empowered provincial governors, appointed by the British
government, with veto powers over provincial legislatures, a
feature that, in various forms, continues to evoke debate in
contemporary Indian governance.

Conclusion The Government of India Act 1935 was instrumental in shaping the
constitutional framework of independent India. Despite its colonial
origins, the Act's introduction of federalism, provincial autonomy,
and a judiciary laid down the structural blueprint for India's
Constitution. The Act's legacy, from the federal polity to the
establishment of a public service commission and the judiciary,
underscores its profound impact on India's constitutional evolution.

Q.2) Discuss the role of the Constituent Assembly in the making of the Indian
Constitution.

Introduction The Constituent Assembly of India, established in 1946 under the

Cabinet Mission Plan, was tasked with drafting the Constitution of
India. This indirectly elected body, comprising members from
provincial assemblies, played a pivotal role in envisioning and laying
down the foundational principles of the newly independent nation,
culminating in the adoption of the Constitution in 1950.

Body Constitution Drafting:

• The Assembly formed several committees to focus on various
aspects of the Constitution, such as the Advisory Committee
on Fundamental Rights and Minorities, and the Union Powers
Committee. Dr. B.R. Ambedkar, as the chair of the Drafting
Committee, was instrumental in consolidating the
Constitution's initial draft.
Debates and Deliberations:
• It provided a vibrant forum for discussion, enabling members
to debate the merits and drawbacks of various provisions.
These debates were comprehensive, covering the gamut from
fundamental rights and the government's structure to
federalism and the distribution of powers between the Centre
and the states.

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 Building Consensus:
• The Assembly was marked by its inclusive approach, striving
to forge consensus among diverse groups. Through
mechanisms like committees and negotiations, it reconciled
the interests of various regions and communities, ensuring the
Constitution reflected a balance of interests.
Public Input:
• Acknowledging the importance of public participation, the
Assembly facilitated public sessions and meetings. This
approach ensured the Constitution not only embodied the
ideals of its members but also resonated with the aspirations
of the Indian populace.
Legislative Functions:
• Apart from drafting the Constitution, the Assembly also
functioned as the Dominion Legislature, enacting laws for the
interim government. This dual role underscored its
significance in India's transition to a democratic republic.
Decision Making:
• The Assembly adopted provisions of the Constitution through
a process of voting, requiring a two-thirds majority for
approval. This democratic process underscored the
commitment to collective decision-making.
Unity and Integration:
• By bringing together representatives from various regions and
communities, the Assembly served as a unifying force. It
facilitated dialogue and cooperation, laying the groundwork
for national integration.

Conclusion On November 26, 1949, the Constituent Assembly adopted the

Constitution, which officially came into effect on January 26, 1950.
The Constituent Assembly's role was not just in drafting a document
but in unifying a diverse country under a common vision of freedom
and governance, marking a definitive step in India's journey as a
sovereign, secular, and democratic republic.

Q.3) Elaborate on the role of the Preamble in interpreting the Constitution. Mention
any landmark judgments where the Preamble played a crucial role in shaping the
interpretation of constitutional provisions.

Introduction The Preamble to the Constitution of India embodies the essence and
ethos of the constitutional framework, serving as the philosophical

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 and guiding beacon for interpreting the vast and detailed document.
It encapsulates the ideals and aspirations of its framers and the people
of India, ensuring that the interpretation and application of the
Constitution align with these foundational values.

Body Role of the Preamble in Constitutional Interpretation:

Outlines Objectives and Values:
• The Preamble succinctly lays out the core values and
objectives such as Justice, Liberty, Equality, and Fraternity,
which form the bedrock upon which the Constitution is
interpreted and understood. These ideals guide the
interpretation of constitutional provisions to achieve the
desired socio-political fabric.
Contextual Understanding of Constitutional Provisions:
• It provides a clear context and background, ensuring that
constitutional provisions are interpreted in harmony with the
objectives set out in the Preamble. This aids in comprehending
the scope and ambit of Fundamental Rights, Directive
Principles, and the duties enshrined in the Constitution.
Resolving Ambiguities:
• In instances of ambiguous constitutional provisions, the
Preamble acts as a clarifying tool, guiding the judiciary to
interpret laws and provisions in a manner that furthers the
Constitution's foundational goals.
Assisting the Judiciary:
• The Preamble assists the judiciary in ascertaining the framers'
intent, ensuring that constitutional interpretations remain
aligned with the overarching goals and spirit of the
Constitution.
Reflects the Will of the People:
• By asserting that the authority of the Constitution emanates
from the people of India, the Preamble serves as a reminder
that interpretations should align with the collective aspirations
and values of the populace.
Safeguarding the Constitution’s Basic Structure:
• The Preamble is pivotal in evaluating the validity of
constitutional amendments, helping safeguard the
Constitution's essential features and preventing erosion of its
core principles.
Landmark Judgments Illustrating the Preamble’s Significance:

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 Kesavananda Bharati Case (1973):
• This landmark judgment by the Supreme Court underscored
the Preamble's significance, affirming it as an integral part of
the Constitution and establishing the 'basic structure' doctrine,
thereby limiting Parliament's power to amend key features of
the Constitution.
LIC of India Case (1995):
• Reiterating the Preamble’s integral nature to the Constitution,
this judgment further solidified its role in interpreting
constitutional provisions and guiding judicial review.
Madan Gopal Kabra Case (1954):
• This case highlighted the Preamble's role in reflecting the
sovereign will of the people, guiding the judiciary to interpret
the Constitution in a manner that serves the public interest and
upholds democratic values.

Conclusion As described by K.M. Munshi, the Preamble is indeed the 'horoscope

of our sovereign democratic republic', playing a critical role in
ensuring that the Constitution is interpreted and applied in a manner
that faithfully reflects and realizes the foundational values and
aspirations of the Indian polity. It remains a testament to the vision of
the framers and a guiding light for the judiciary and governance in
India.

Q.4) "The Union Territories play a unique role in India's governance system. Discuss
the constitutional status and administrative differences between Union Territories
and States.

Introduction Article 1 under Part I of the Constitution of India describes the Indian
territory into States, Union Territories (UTs), and areas that may be
acquired, establishing a unique federal framework. This classification
emphasizes the distinct constitutional statuses and administrative
modalities governing States and UTs, integral to comprehending their
roles within India's governance matrix.

Body Constitutional Status and Differences:

• States: Enjoy considerable autonomy, with governance by an
elected government and Chief Minister (Article 163). They
possess their legislatures (Articles 168 to 212), facilitating
autonomous legislative action on the State List subjects,
thereby endorsing a federative ethos within the constitutional

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 • Union Territories: Characterized by direct administration by
the President through an Administrator, UTs epitomize a
unitary element within the federal structure (Articles 239 to
241). This direct control, notwithstanding the presence of
legislative assemblies and elected governments in UTs like
Delhi, Puducherry, and Jammu & Kashmir, accentuates a
centralized governance model.
Administrative Differences:
• Legislative Powers: States wield legislative autonomy over
subjects enumerated in the State List, promoting region-
specific legislations. Conversely, only a select few UTs,
namely Delhi and Puducherry, enjoy legislative prerogatives,
with the Central government predominantly orchestrating
legislative directives in other UTs.
• Administrative Control: States independently manage their
administrative affairs, appointing state cadre civil servants to
implement region-centric policies. In contrast, UT
administrations are centrally steered, with Lieutenant
Governors/Administrators appointed by the President
overseeing governance, highlighting the central dominion
over UTs.
• Financial Autonomy: States exhibit fiscal independence,
generating revenue through taxes, central grants, and other
means, facilitating self-directed financial management. UTs,
however, are largely dependent on the Central government for
financial sustenance, emphasizing their financial reliance and
limited autonomous fiscal Responsiveness.
Special Provisions:
• Certain States benefit from special status, receiving
augmented central assistance, reflecting the constitutional
accommodation for regional disparities. This feature is absent
in UT governance, save for the legislative and governmental
structures in specific UTs like Delhi, which offer assemblance
of autonomy, remain under central oversight.

Conclusion In 2023, the Indian federation comprises 28 States and 8 UTs, each
playing a pivotal role within the governance framework, albeit with
divergent constitutional and administrative contours. While States
embody the federal spirit with substantial autonomy, UTs represent a
unique governance model, marrying federal features with centralized
control.

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Q.5) “The Constitution makers adopted a federal structure with strong unitary feature
for India”. Elaborate, highlighting the key provisions and features of the
Constitution that demonstrate both federalism and unitary tendencies.

Introduction The Constituent Assembly of India was tasked with articulating the
aspirations of a newly independent nation, culminating in a unique
constitutional framework. This delicate balance, reflective of India's
vast diversity and complex socio-political fabric, resulted in a ‘quasi-
federal’ structure imbued with strong unitary features.

Body Federal Features:

Distribution of Powers:
• The Indian Constitution envisions a bifurcation of legislative
powers delineated across the Union, State, and Concurrent
Lists, ensuring a clear demarcation of jurisdiction and
fostering cooperative federalism.
Dual Polity:
• Manifested through separate governments at the state and
central levels, each endowed with sovereignty in their
legislative domains. This dual structure embodies the federal
principle of governance, allowing for decentralized
administration and local governance.
Independent Judiciary:
• The establishment of an independent judiciary, culminating in
the Supreme Court, acts as the arbiter of constitutional
interpretation and protector of federal balance. It adjudicates
disputes between the Centre and States, reinforcing the federal
structure.
Written Constitution:
• A comprehensive, codified document that explicitly
delineates the distribution of powers and responsibilities
between the Centre and the States, providing a stable and
predictable framework for governance.
Unitary Tendencies:
Strong Centre:
• Provisions like Article 356 underscore the central
government's overriding authority, allowing for the
imposition of President's Rule in states under certain
conditions, reflecting the Constitution's unitary bias.

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 Single Constitution:
• Unlike federal countries with separate constitutions for
constituent units, India's single document applicable across
the Union emphasizes a centralized governance model.
Residuary Powers:
• The vesting of residuary legislative powers with the Centre,
rather than the States, signifies the unitary spirit, ensuring
central oversight on matters not enumerated in the
Constitution.
All India Services:
• The creation of All India Services underscores the central
government's influence over the bureaucracy, ensuring a
uniform administrative framework and facilitating integration
across the nation.

Conclusion The Indian Constitution, as conceived by its framers, is a testament

to their visionary approach in reconciling the demands for regional
autonomy with the imperatives of national unity and integrity. By
weaving together federal and unitary elements, the Constitution of
India stands as a robust framework for governance, adaptable to the
changing dynamics of Indian polity and society.

Q.6) What are the key provisions of the Preamble that reflect the values and ideals of
the Indian nation? How has the Preamble of the Indian Constitution been amended
over time?

Introduction The Preamble of the Indian Constitution reflects the values

and ideals of the Indian nation by setting out the guiding
principles that inspired the making of the Constitution and
that continue to guide the governance of the nation. The key
provisions of the Preamble that reflect these values and ideals
include:

Body • 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.
• It was added in the Preamble by 42nd Amendment, 1976.

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 • Secular: The term means that all the religions in India get
equal respect, protection and support from the state.
• 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.
• 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 people on 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.
• 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.
• Liberty: The term ‘Liberty’ means freedom for the people to
choose their way of life, have political views and behavior in
society. Liberty does not mean freedom to do anything, a
person can do anything but in the limit set by the law.
• 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.
The Preamble of the Indian Constitution has not been amended
since it was adopted by the Constituent Assembly on 26

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 November 1949. However, several amendments have been made
to the Constitution as a whole, and these amendments have had
an impact on the provisions 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.
• As a part of the Constitution, preamble can be amended
under Article 368 of the Constitution, but the basic
structure of the preamble can not be amended.
• 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.
• ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’
and ‘Democratic’.
• ‘Unity of the Nation’ was changed to ‘Unity and Integrity
of the Nation’

Conclusion Overall, the amendments to the Constitution have

served to further clarify and strengthen the values and ideals
reflected in the Preamble, and to ensure that they are more
fully realized in the governance of the nation.

Q.7) How do the key principles of the Indian constitutional philosophy shape the nature
and function of the Constitution and the governance of the nation?

Introduction The Indian constitutional philosophy is based on a set of key

principles that shape the nature and function of the
Constitution and the governance of the nation. These
principles include:

Body • Sovereignty: The Constitution declares India to be a

sovereign, socialist, secular, democratic republic, which
means that the nation is self-governed and independent, and
that it upholds the principles of socialism, secularism, and
democracy.
• Limited government: The Constitution sets out the powers
and functions of the various branches of government, and
provides for a system of checks and balances to ensure that no
one branch becomes too powerful.
• Rule of law: The Constitution establishes a system of laws

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 that are applicable to all citizens, and provides for an
independent judiciary to interpret and enforce these laws.
• Fundamental rights: The Constitution guarantees a set of
fundamental rights to all citizens, including the right to
equality, freedom of expression, and protection against
discrimination and exploitation.
• Directive principles of state policy: The Constitution sets
out a set of directive principles of state policy that outline the
goals and ideals that the government should strive to achieve,
such as the promotion of social justice, the protection of the
environment, and the promotion of international peace and
cooperation.
• Federalism: The Constitution establishes a federal structure
of government, with powers shared between the central
government and the states. This helps to balance the needs and
interests of the different regions of the country.
• Separation of powers: The Constitution divides the powers
of the government into three branches: the legislative,
executive, and judicial. Each branch has its own distinct
functions and is independent of the others, but they also work
together to ensure the smooth functioning of the government.
• Democratic governance: The Constitution establishes a
democratic system of governance, in which the people elect
their representatives to govern on their behalf.
• 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 people on 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.

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 • 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.
• Liberty: The term ‘Liberty’ means freedom for the people to
choose their way of life, have political views and behavior in
society. Liberty does not mean freedom to do anything, a
person can do anything but in the limit set by the law.
• 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.

Conclusion These principles shape the nature and function of the

Constitution and the governance of the nation by setting out
the values and ideals that guide the actions of the government
and the protection of the rights and freedoms of citizens.

Q.8) Discuss the evolution of doctrine of basic structure of Indian constitution? how has
the concept of the basic structure been used to protect the fundamental values and
ideals of the Constitution?

Introduction The doctrine of basic structure refers to the concept that

certain fundamental features of the Indian Constitution are
essential to its basic character and identity and cannot be
amended or altered by the government or the courts. The
doctrine of basic structure has evolved over time and has
played a significant role in protecting the fundamental values
and ideals of the Constitution.

Body The concept of the basic structure was first articulated by the
Supreme Court of India in the landmark case of Kesavananda
Bharati v. State of Kerala in 1973. In this case, the Court held that
the Constitution has a basic structure that cannot be amended or
altered by the government or the courts, and that this basic
structure includes the fundamental principles and basic features
of the Constitution.
• Since then, the concept of the basic structure has been
developed and refined by the courts in a number of
subsequent cases. In Indira Gandhi v. Raj Narain, the
Court held that the principle of the rule of law and the
independence of the judiciary were part of the basic

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 structure of the Constitution. In Minerva Mills v. Union of
India, the Court held that the principles of equality and the
prohibition of discrimination on grounds of religion, race,
caste, sex, or place of birth were also part of the basic
structure of the Constitution.
• The doctrine of basic structure has played a crucial role in
protecting the fundamental values and ideals of the
Constitution, and has helped to ensure that the government
and the courts respect and uphold the basic principles and
values of the Constitution. It has also provided a means
for the courts to review and strike down unconstitutional
amendments or laws that violate the basic structure of the
Constitution.
The basic structure of the Indian Constitution refers to the
fundamental and essential features of the Constitution that are
essential to the Constitution's basic character and identity.
The key features of the basic structure of the Indian Constitution
include:
• Sovereignty: The Constitution establishes the sovereignty
of the Indian people, and the government is accountable
to the people through the democratic process.
• Rule of law: The Constitution establishes the rule of law
in India, and ensures that all citizens, including the
government and its officials, are subject to the law.
• Limited government: The Constitution sets limits on the
powers of the government, and protects the fundamental
rights of citizens. It also provides for checks and balances
to prevent the abuse of power.
• Separation of powers: The Constitution divides the
powers of the government into three branches: the
legislative, executive, and judicial. Each branch has its
own distinct functions and is independent of the others,
but they also work together to ensure the smooth
functioning of the government.
• Federalism: The Constitution establishes a federal
structure of government, with powers shared between the
central government and the states. This helps to balance
the needs and interests of the different regions of the
country.
• Democratic governance: The Constitution establishes a

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 democratic system of governance, in which the people
elect their representatives to govern on their behalf.
• Fundamental rights: The Constitution guarantees a
range of fundamental rights to all citizens, including the
right to equality, freedom of speech and expression,
freedom of religion, and the right to life and liberty.
The concept of the basic structure has been used to protect the
fundamental values and ideals of the Constitution by providing a
means for the courts to review and strike down unconstitutional
amendments or laws that violate the basic structure of the
Constitution.
• The doctrine of basic structure holds that certain
fundamental features of the Indian Constitution are
essential to its basic character and identity, and cannot be
amended or altered by the government or the courts. These
features include the sovereignty of the people, the rule of
law, limited government, the separation of powers,
federalism, democratic governance, fundamental rights,
and the directive principles of state policy.
• When the government or the courts attempt to amend or
alter these fundamental features of the Constitution, the
courts can use the doctrine of basic structure to review the
amendment or law and determine whether it is consistent
with the basic structure of the Constitution. If the court
finds that the amendment or law violates the basic
structure of the Constitution, it can strike it down as
unconstitutional.

Conclusion This has helped to ensure that the government and the courts
respect and uphold the fundamental values and ideals of the
Constitution, and has protected the basic principles and
values of the Constitution from being undermined or altered
by the government or the courts. It has also provided a means
for the courts to safeguard the fundamental rights and
freedoms of the people, and to ensure that the government
operates in a fair and accountable manner.

Q.9) Write a short note on important Amendments to the Indian constitution?

Introduction Constitutional Amendment means the process of making

changes to the Constitution. Article 368 in Part XX of the
constitution provides the amending powers to the parliament.

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 Body First Amendment Act, 1951
• It empowers the states to make socio-economic justice
with socially and economically backward classes.
• It was aimed at land reforms and Zamindari abolition.
• Added the ninth schedule to protect anti-zamindari laws
from judicial review.
• Added public order, friendly relations with foreign states,
and incitement to an offense as the additional grounds for
reasonable restrictions on the freedom of speech and
expression. It also made it justiciable.
• It provided that state trading and nationalization of any
business would not be considered against the right to trade
or business.
Fourth Amendment Act, 1955
• Empowered state to nationalize any trade.
• Provided that the compensation amount given by the state
for the acquisition of property, can not be challenged in
court on the grounds of insufficiency.
• Added more laws in the ninth schedule and expanded the
scope of article 31 (C).
Seventh Amendment Act, 1956
• Reorganized the Indian states as 14 states and 6 UTs.
Abolished the old A, B, C, and D categorization of states.
• Provided the common high court for two or more states,
and extended the jurisdiction of HC to UTs. Also provided
additional acting judges to HC
Ninth Amendment Act, 1960
• Provided for the cession of the Indian territory named
Berubari Union ( West Bengal) to Pakistan as a
commitment made under the Indo-Pakistan Agreement
(1958). (The amendment was made for the reason that,
under article 3, the parliament can alter the area of a state,
however, it does not include the cession of Indian territory
to a foreign state. It can only be done by amending the
constitution itself.)
Tenth Amendment Act, 1961
• Acquired the Dadra, Nagar and Haveli as a Union
Territory from Portugal.

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 Eleventh Amendment Act, 1961
• Provided the new procedure of election for the vice
president by introducing an electoral college.
• Also clear that any vacancy in the appropriate electoral
college would not be the reason to challenge the election
of the President or vice president.
Twenty Fourth Amendment Act, 1971
• Reasons for this amendment: This Amendment Act was
brought in the aftermath of the Golaknath case (1967) in
which the Supreme Court held that the Parliament could
not take away any fundamental rights through the
constitutional amendment.
• It made it clear that the parliament has the power to amend
any part of the constitution including article 13 by using
article 368.
• Made it obligatory for the President to give assent to a
Constitutional Amendment Bill.
Twenty-Fifth Amendment Act, 1971
• Curtailed the fundamental right to property.
• It made it clear that a law made to fulfill the provisions of
the Directive Principles contained under Article 39 (b) or
(c) cannot be challenged on the ground it violates the
fundamental rights given in Articles 14, 19, and 31.
Thirty-Eighth Amendment Act, 1975
• Provided that the declaration of emergency by the
President can not be challenged in a court of law.
• Provided that the promulgation of ordinances by the
President, governors, and administrators of Union
territories can not be challenged in a court of law.
• Provided that the President could declare different
proclamations of national emergency on different grounds
simultaneously.
Forty-second Amendment Act, 1976
• It is also known as the ‘ Mini-constitution’, as it made very
comprehensive changes to the constitution of India.
• It amended the preamble and added the words - socialist,
secular, and integrity.
• Added Fundamental Duties for the citizens by including

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 new Part IV A.
• Exclusively made cabinet advice binding on the president.
• By adding Part XIV A, it provided for administrative
tribunals and tribunals for other matters
• It froze the seats for the Lok Sabha and state legislative
assemblies census till 2001, on the basis of 1971.
• Restricted the judicial review for the constitutional
amendment act.
• Limited the power of judicial review and writ jurisdiction
of the Supreme Court and high courts.
• Increased the tenure of Lok Sabha and state legislative
assemblies from 5 to 6 years.
• Included new Directive Principles - (a) equal justice and
free legal aid, (b) participation of workers in the
management of industries, and (c) protection of the
environment, forests, and wildlife.
• Provided the proclamation of national emergency now for
a part of the territory of India.
• Raised the one-time duration of the President's rule in a
state from earlier 6 months to one year.
• Created the All-India Judicial Service.
Forty-four Amendment Act, 1978
• This was also the comprehensive amendment which was
mainly brought to undo the actions of the 42nd
amendment. It also introduced some important provisions.
• Changed the term of the Lok Sabha and the state
legislative assemblies again to the original 5 years.
• Provided the president can send back the advice of the
cabinet for reconsideration.
• changed the phrase “internal disturbance” with “armed
rebellion” as a ground to proclaim a national emergency.
• Removed the right to property from the list of
Fundamental Rights and provided it only as a legal right.
• Provided that fundamental rights under articles 20-21 can
not be suspended during a national emergency.
Fifty-second Amendment Act, 1985
• The Tenth schedule was added as a measure to the anti-

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 defection issues.
Sixty-First Amendment Act, 1989
• The legal voting age changed from 21 to 18 years for Lok
Sabha as well as Legislative Assemblies.
Sixty-ninth Amendment Act 1991
• It provided a special status to Delhi as the ‘National
Capital Territory of Delhi.’
• Provided a legislative assembly and the council of
ministers for Delhi.
Seventy-first Amendment Act 1992
• Added Konkani, Manipuri, and Nepali languages in the
Eighth Schedule.
Seventy-Third Amendment Act 1992
• Provided constitutional status for the Panchayati Raj
institutions.
• Added Part-IX and 11th Schedule
Seventy-fourth Amendment Act 1992
• Provided constitutional status for the Urban local bodies.
• Part IX-A and the 12th Schedule were added.
Eighty-sixth Amendment Act 2002
• Provided the Right to Education as a fundamental right
(part III of the Constitution).
• The new article inserted Article 21A which made free and
compulsory education for children between 6-14 years.
• Added a new Fundamental Duty under Article 51 A.
Eighty-eighth Amendment Act 2003
• Provided Service Tax under Article 268-A – which was
levied by Union and collected and appropriated by the
Union as well as the States.
Ninety-second Amendment Act 2003
• Added Bodo, Dogri (Dongri), Maithili, and Santhali in the
Eighth schedule
Ninety-fifth Amendment Act 2009
• Provided for the extended reservation for the SCs and STs
and special representation to the Anglo-Indian community
in the Lok Sabha and the state legislative assemblies for

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 ten more years (Article 334).
Ninety-seventh Amendment Act 2011
• Part IX-B added to the constitution for cooperative
societies and made it a constitutional right.
• The right to form cooperative societies became a
fundamental right under Article 19.
• Article 43-B was inserted as a DPSP to promote
cooperative societies.
101st Amendment Act, 2016
• Provided for Goods and Service Tax (GST).
102nd Amendment Act, 2018
• The National Commission for Backward Classes (NCBC)
became a constitutional body.
103rd Amendment Act, 2019
• Granted 10% Reservation for Economically Weaker
Sections of citizens of classes other than the classes
mentioned in clauses (4) and (5) of Article 15
103rd Amendment Act, 2019
• Granted 10% Reservation for Economically Weaker
Sections of citizens of classes other than the classes
mentioned in clauses (4) and (5) of Article 15
104th Amendment Act, 2020
• Changed the reservation of seats for SCs and STs in the
Lok Sabha and state assemblies from Seventy years to
Eighty.
• Ended the reservation of seats for the Anglo-Indian
community in the Lok Sabha and state assemblies.

Conclusion These amendments made so far prove that the constitution of

India is a living document. Many amendments have been
made to adopt the change in society and needs. Yet our
constitution held some basic characteristics and values which
guided us throughout the past.

Q.10) What was the role of the drafting committee of the Indian Constitution in the
process of framing the Constitution of India, and how did the committee's work
contribute to the final shape and provisions of the Constitution?

Introduction The drafting committee of the Indian Constitution

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 played a crucial role in the process of framing the Constitution
of India. The committee was responsible for preparing the
initial draft of the Constitution, based on the resolutions and
decisions taken by the Constituent Assembly, as well as the
debates and discussions held during the drafting process.

Body The drafting committee was chaired by Dr. B. R. Ambedkar, and

it consisted of seven other members, including Jawaharlal Nehru,
Sardar Vallabhbhai Patel, Rajendra Prasad, Alladi Krishnaswamy
Iyer, K. M. Munshi, N. Gopalaswami Ayyangar, and D. P.
Khaitan.
• The drafting committee began its work in August 1947
and presented the initial draft of the Constitution to the
Constituent Assembly on November 4, 1947. The draft
was then discussed and debated by the members of the
Assembly, and several changes and modifications were
made based on the suggestions and inputs of the members.
• The final draft of the Constitution was presented by the
drafting committee on November 26, 1949, and it was
adopted by the Constituent Assembly on November 26,
1949. The Constitution came into effect on January 26,
1950, which is celebrated as Republic Day in India.
• Overall, the role of the drafting committee of the Indian
Constitution was to prepare the initial draft of the
Constitution and to work with the Constituent Assembly
to finalize the provisions and provisions of the
Constitution. The committee's work was instrumental in
shaping the final form of the Constitution and establishing
the principles and values upon which the Republic of India
would be founded.
The drafting committee's work contributed significantly to
the final shape and provisions of the Indian Constitution in
several ways.
• Firstly, the drafting committee prepared the initial draft
of the Constitution, which served as the basis for the final
document. The initial draft was prepared after extensive
research and consultation with experts, and it incorporated
the principles and values that the Constituent Assembly
believed should be reflected in the Constitution.
• Secondly, the drafting committee worked closely with the
Constituent Assembly to finalize the provisions of the
Constitution. The members of the committee participated

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 in the debates and discussions held during the drafting
process and provided expert guidance on various legal and
constitutional matters. They also made changes and
modifications to the draft based on the suggestions and
inputs of the members of the Constituent Assembly.
• Thirdly, the drafting committee was responsible for
organizing and consolidating the various provisions of the
Constitution into a coherent and cohesive document. The
committee ensured that the provisions of the Constitution
were logically ordered and clearly worded, and it worked
to ensure that the final draft of the Constitution was a well-
structured and easy-to-understand document.

Conclusion Overall, the drafting committee's work played a vital role in

shaping the final form and provisions of the Indian
Constitution. Its efforts to prepare the initial draft, work with
the Constituent Assembly, and organize and consolidate the
provisions of the Constitution helped to ensure that the final
Constitution reflected the principles and values of the people
of India and provided a solid foundation for the country's
future development.

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