6002 – Indian Constitution

Module I

Syllabus: Constitution – Definition and Significance, Evolution of the Indian Constitution,

Preamble – Basic Principles, Basic Structure Debate, Salient features of Indian Constitution

Contents

1 Constitution 1
1.1 Types of constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2 Significance of Constitution 2

3 Evolution of the Indian Constitution 3

3.1 Regulating Act of 1773 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.2 Pitt’s India Act of 1784 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.3 Charter Act of 1833 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.4 Charter Act of 1853 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.5 Government of India Act of 1858 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.6 Indian Councils Act of 1861, 1892 and 1909 . . . . . . . . . . . . . . . . . . . . . 5
3.7 Government of India Act of 1919 (Montagu-Chelmsford Reforms) . . . . . . . . 6
3.8 Government of India Act of 1935 . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.9 Indian Independence Act of 1947 . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.10 Making of the Indian Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . 8

4 Preamble of the Indian Constitution 8

4.1 Text of the Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4.2 Keywords in the Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

5 Salient Features of Indian Constitution 10

1 Constitution

A constitution is a supreme set of fundamental principles, rules, and guidelines that establishes
the structure, powers, and limitations of a state or institution, defines the rights and duties of
its members, and provides a framework for governance and legal order.

1.1 Types of constitution

There are two types of constitutions.

1. Written constitution

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6002 2 Significance of Constitution

A written constitution is a carefully drafted, consolidated document that outlines the rules
and regulations governing the state. It is typically created and approved through formal
meetings or assemblies. Any changes to a written constitution can only be made by ad-
hering to the specific procedures (amendment rules) outlined within the document itself.
e.g. Constitution of India, USA, Germany
2. Unwritten constitution
An unwritten constitution consists of a collection of documents, decisions, and conven-
tions that, together, establish the rules and principles governing a state. Unlike a written
constitution, it is not compiled into a single, formal document. In some countries, the con-
stitution may not include any written text at all, relying instead on historical precedents,
judicial rulings, and political practices.
e.g. Constitution of Britain, Israel

Written Unwritten
Not codified in a structured manner Compiled in a structured and cohesive man-
ner
Evolves over a long period with a new set of Properly framed and compiled in a step-by-
laws and guidelines being added as time pro- step matter, with any subsequent changes be-
gresses ing added almost instantaneously
Parliament is supreme Constitution is supreme
Judiciary has limited powers Judiciary has more powers

Table 1: Comparison of written and unwritten constitutions

2 Significance of Constitution

A constitution serves to achieve the following functions.

1. Coordination and assurance Provide a set of basic rules that allow for minimal co-
ordination amongst members of a society. It specifies and protects the rights of people in
a society.
2. Formation and powers of the government Decides how the government will be con-
stituted and specifies who has the power to make decisions in a society. It also determines
the relationship of the citizens with the government.
3. Limitations on powers of government Set some limits on what a government can
impose on its citizens. Government cannot make laws which violates the fundamental
rights of people.
4. Overall development of the society Enable the government to fulfil the aspirations and
goals of a society and create conditions for a just society.
5. Values of a society It tells how and why people want to live together as a society and
what they should and should not do to keep harmony of the society.

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6002 3 Evolution of the Indian Constitution

3 Evolution of the Indian Constitution

The Brititsh came to India as traders in the 1600s in the form of East India Company. Later
in the mid 1700s the company obtained territorial power (rights over revenue and civil justice)
over Indian land and ruled India till 1858 – which we call as the Company Rule period. In
1858, in the wake of the sepoy mutiny, the British Crown assumed direct responsibility for the
governance of India. This rule continued until India was granted independence on August 15,
1947 – which we call as the Crown Rule period.
With Independence came the need of a Constitution for India. This section details the various
acts and events which influenced our constitution and polity.

3.1 Regulating Act of 1773

When the British Government came to notice that the operation of the East India Company is
not in proper order they chose to control and regulate it’s activities in India. For the first time,
the political and administrative functions of the Company was recognized and foundations of
central administration in India was laid.

Features

1. It designated the Governor of Bengal as the Governor-General of Bengal and created

an Executive Council of four members to assist him. The first such Governor-General
was Lord Warren Hastings.
2. At that time India was divided as three regions (presidencies) – Bombay, Madras, and
Calcutta. The governors of Bombay and Madras presidencies were made subordinate to
the governor-general of Bengal(Calcutta).
3. It established Supreme Court at Calcutta comprising one chief justice and three other
judges.
4. It prohibited the servants of the Company from engaging in any private trade or accepting
presents or bribes from the natives.
5. It made the company to report it activities directly to the British Government which
strengthened British control over the company.

3.2 Pitt’s India Act of 1784

The next important act was the Pitt’s India Act of 1784. The Company’s territories in India were
for the first time called the British possessions in India; and second, the British Government
was given the supreme control over Company’s affairs and its administration in India.

Features

1. It distinguished between the commercial and political functions of the Company.

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6002 3.3 Charter Act of 1833

2. It established a system of double government within the company – Court of Directors

to manage the commercial affairs and Board of Control to manage the political affairs.
3. It empowered the Board of Control with the control of British possessions in India.

3.3 Charter Act of 1833

This Act was the final step towards centralisation in British India

Features

1. It made the Governor-General of Bengal as the Governor-General of India and vested in

him all civil and military powers. Lord William Bentick was the first governor-general
of India.
2. The Governor-General of India was given exclusive legislative powers for the entire British
India (Bombay, Madras and Calcutta). The laws were started to be called as Acts instead
of Regulations.
3. It ended the activities of the East India Company as a commercial body, which became a
purely administrative body.
4. Indians were allowed to hold positions in the Company.

3.4 Charter Act of 1853

The last of the series of Charter Acts was a significant constitutional landmark.

Features

1. It separated, for the first time, the legislative and executive functions of the Governor-
General’s council. The legislative wing known as the Indian (Central) Legislative Coun-
cil of the council functioned as a mini-Parliament, adopting the same procedures as the
British Parliament.
2. It introduced an open competition system of selection and recruitment of civil servants.
3. It allowed to retain the possession of Indian territories on trust for the British Crown
without specifying a time limit.
4. It introduced, for the first time, local representation in the Indian (Central) Legislative
Council.

3.5 Government of India Act of 1858

The act known as the Act for the Good Government of India, abolished the East India Com-
pany, and transferred the powers of government, territories and revenues to the British Crown.
This Act was enacted in the wake of the Revolt of 1857, also known as the First War of Indepen-
dence or the sepoy mutiny.

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6002 3.6 Indian Councils Act of 1861, 1892 and 1909

3.5.1 Features

1. Governance of India was transferred in the name of Her Majesty. It changed the designa-
tion of the Governor-General of India to that of Viceroy of India who was the represen-
tative of the British Crown in India. Lord Canning became the first Viceroy of India.
2. It ended the system of double government by abolishing the Board of Control and Court
of Directors.
3. It created a new office, Secretary of State for India, vested with complete authority and
control over Indian administration.
4. It established a 15-member Council of India to assist the secretary of state for India.

3.6 Indian Councils Act of 1861, 1892 and 1909

These acts were brought into force for seeking the cooperation of the Indians in the administra-
tion of their country by British Government.

3.6.1 Features of the Act of 1861

1. It made Indians associate with the law-making process. Three Indians were thus nomi-
nated to Viceroy’s legislative council.
2. It restored autonomous legislative powers to Bombay and Madras Presidencies. New
provincial legislative councils were established for Bengal, North-Western Frontier Province
(NWFP) and Punjab.
3. The portfolio system was introduce. Under this, a member of the Viceroy’s council was
made in-charge of one or more departments of the Government.
4. It empowered the Viceroy to issue ordinances, without the concurrence of the legislative
council, during an emergency.

3.6.2 Features of the Act of 1892

1. It increased the Indian participation in the Central and provincial legislative councils.
2. It increased the functions of legislative councils and gave them the power of discussing
the budget and addressing questions to the executive.
3. The act made a provision for the use of nomination in filling up some of the non-official
seats both in the Central and provincial legislative councils.

3.6.3 Features of the Act of 1909 (Morley-Minto Reforms)

1. It considerably increased the size of the legislative councils, both Central and provincial.
The number of members in the Central Legislative Council was raised from 16 to 60.
2. It retained official majority in the Central Legislative Council but allowed the provincial
legislative councils to have non-official majority.

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6002 3.7 Government of India Act of 1919 (Montagu-Chelmsford Reforms)

3. Indians were associated with the executive Councils of the Viceroy and Governors. Satyen-
dra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council as the
law member.
4. The Act legalised communalism. The concept of separate electorate for Muslims was
introduced. Under this Muslim members were to be elected only by Muslim voters.
5. It also provided for the separate representation of presidency corporations, chambers of
commerce, universities and zamindars.

3.7 Government of India Act of 1919 (Montagu-Chelmsford Reforms)

The Government of India Act of 1919 was enacted for the gradual introduction of a responsible
government in India.

Features

1. Central and provincial subjects were separated. The central and provincial legislatures
were authorised to make laws on their respective list of subjects.
2. Further divided provincial subjects into two – —transferred and reserved. The trans-
ferred subjects were to be administered by the governor with the aid of ministers in
legislative Council. The reserved subjects, on the other hand, were to be administered
by the governor and his executive council. This scheme was known as dyarchy (double
rule).
3. It introduced, for the first time, bicameralism and direct elections in the country. The
Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper
House (Council of State) and a Lower House (Legislative Assembly).
4. It required that the three of the six members of the Viceroy’s executive Council (other
than the commander-in-chief) were to be Indian.
5. It provided separate electorates for Sikhs, Indian Christians, Anglo-Indians and Euro-
peans.
6. It created a new office of the High Commissioner for India in London and some functions
of Secretary of State of India was transferred to him.
7. It provided for the establishment of a public service commission.
8. It separated, for the first time, provincial budgets from the Central budget and authorised
the provincial legislatures to enact their budgets.
9. It granted franchise (power to vote) to a limited number of people on the basis of property,
tax or education
10. Simon commission was appointed monitor and report on the effectiveness of this Act.

3.8 Government of India Act of 1935

1. It proposed that the provinces and princely states may be associated together to form the
All-India Federation.

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6002 3.9 Indian Independence Act of 1947

2. Subjects to make decisions were divided into three lists – Federal List (for Centre), Provin-
cial List (for Provinces) andConcurrent List (for both).
3. It abolished dyarchy in the provinces, but kept dyarchy in the Centre.
4. It further extended the principle of communal representation by providing separate elec-
torates for depressed classes (scheduled castes), women and labour (workers).
5. It abolished the Council of India, established by the Government of India Act of 1858.
6. About 10 per cent of the total population got the voting right (franchise).
7. It provided for the establishment of a Reserve Bank of India to control the currency and
credit of the country.
8. Public service commissions were extended to provinces.
9. It provided for the establishment of a Federal Court, which was set up in 1937.

3.9 Indian Independence Act of 1947

At the stroke of midnight of 14–15 August, 1947, the British rule came to an end and power was
transferred to the two new independent Dominions of India and Pakistan. Lord Mountbatten
became the first governor-general of the new Dominion of India. He swore in Jawaharlal
Nehru as the first prime minister of independent India. The Constituent Assembly of India
formed in 1946 became the Parliament of the Indian Dominion.

Features

1. It ended the British rule in India and declared India as an independent and sovereign state
from August 15,1947.
2. It provided for the partition of India and creation of two independent dominions of India
and Pakistan.
3. It abolished the office of viceroy and provided, for each dominion, a governor-general.
4. It empowered the Constituent Assemblies of the two dominions to frame and adopt any
constitution for their respective nations and to repeal any act of the British Parliament,
including the Independence act itself.
5. It abolished the office of the secretary of state for India and transferred his functions to
the secretary of state for Commonwealth Affairs.
6. It granted freedom to the Indian princely states either to join the Dominion of India or
Dominion of Pakistan or to remain independent.
7. It dropped the title of Emperor of India from the royal titles of the king of England.
8. It discontinued the appointment to civil services and reservation of posts by the secretary
of state for India.

1773 • Regulating Act

First step by the British Parliament to regulate the East India Company’s affairs.

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6002 3.10 Making of the Indian Constitution

1784 • Pitt’s India Act

Strengthened British control over the East India Company
1833 • Charter Act of 1833
Centralized administration in India
1853 • Charter Act of 1853
Laid the foundation for modern Indian governance
1858 • Government of India Act 1858
End of Company rule; beginning of direct British Crown rule
1861 • Indian Councils Act
Marked the beginning of representative institutions in India
1909 • Morley-Minto Reforms
Introduced limited electoral representation for Indians
1919 • Montagu-Chelmsford Reforms
Introduced limited self-governance and dyarchy
1935 • Government of India Act 1935
Laid the foundation for independent India’s Constitution
1947 • Indian Independence Act
Ended British rule and led to the partition of India and Pakistan

Table 2: Evolution of Indian Constitution

3.10 Making of the Indian Constitution

The demand for a Constituent Assembly began in 1935 with the Government of India Act, and
by 1946, the British government agreed to form one. The August Offer (1940) and subsequent
Cripps Mission (1942) were key efforts by the British to address Indian aspirations, though they
ultimately failed to satisfy demands for full autonomy. After years of negotiation, the Con-
stituent Assembly was formed, consisting of leaders like Jawaharlal Nehru, Sardar Patel, Dr.
B.R. Ambedkar, and others, who worked through various committees to draft the constitution.
The Indian Independence Act of 1947 provided the legal framework for India’s independence,
and on 26th November 1949, the Constitution was adopted. It came into force on 26th January
1950, marking the establishment of India as a republic.

4 Preamble of the Indian Constitution

The term ‘preamble’ refers to the introduction or preface to the Constitution. It contains the
summary or essence of the Constitution.

4.1 Text of the Preamble

The Preamble reveals four ingredients or components: 1) Source of authority of the Consti-
tution, 2) Nature of Indian State, 3) Objectives of the Constitution, 4) Date of adoption of the
Constitution

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6002 4.2 Keywords in the Preamble

We, THE PEOPLE OF INDIA,

having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizens:
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT ASSEMBLY
this twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

4.2 Keywords in the Preamble

Sovereign

The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other
nation, but an independent state.

Socialist

Socialism emphasizes collective or government control over the means of production, distri-
bution, and exchange. It aims to reduce or eliminate inequalities in society ensuring a more
equitable distribution of resources.
In India government plays a key role in regulating and promoting social welfare while allowing
private enterprise in certain areas. Thus India follows democratic socialism.

Secular

Religions in our country (irrespective of their strength) have the same status and support from
the state.

Democratic

The Indian Constitution provides for representative parliamentary democracy in which the rep-
resentatives elected by the people exercise the supreme power and thus carry on the government
and make the laws.

Republic

The term ‘republic’ in our Preamble indicates the head of India is elected directly or indirectly
for a fixed period. Even then power is not vested on a single individual but in the people of the
state. Also, all public offices will be open to every citizen without any discrimination.

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6002 5 Salient Features of Indian Constitution

Justice

Social justice denotes the equal treatment of all citizens without any social distinction based on
caste, colour, race, religion, sex and so on. Economic justice denotes the non-discrimination
between people on the basis of economic factors. Political justice implies that all citizens
should have equal political rights, equal access to all political offices and equal voice in the
government.

Liberty

The term ‘iberty’ means the absence of restraints on the activities of individuals, and at the same
time, providing opportunities for the development of individual personalities.

Equality

The term ‘equality’ means the absence of special privileges to any section of the society, and the
provision of adequate opportunities for all individuals without any discrimination.

Fraternity

Fraternity means a sense of brotherhood. The Preamble declares that fraternity has to assure
two things – the dignity of the individual and the unity and integrity of the nation.

5 Salient Features of Indian Constitution

he Indian Constitution is unique in its contents and spirit. Though borrowed from almost every
constitution of the world, the constitution of India has several salient features that distinguish
it from the constitutions of other countries.
1. Lengthiest Written Constitution
Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22
Parts) and 8 Schedules. Presently (2016), it consists of a Preamble, about 465 Articles
(divided into 25 Parts) and 12 Schedules.
2. Drawn From Various Sources
The structural part of the Constitution is, to a large extent, derived from the Government
of India Act of 1935. The philosophical part of the Constitution (the Fundamental Rights
and the Directive Principles of State Policy) derive their inspiration from the American
and Irish Constitutions respectively. The political part of the Constitution (the principle
of Cabinet Government and the relations between the executive and the legislature) have
been largely drawn from the British Constitution.
The other provisions of the Constitution have been drawn from the constitutions of Canada,
Australia, Germany, USSR (now Russia), France, South Africa, Japan, and so on.
3. Blend of Rigidity and Flexibility

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6002 5 Salient Features of Indian Constitution

A rigid Constitution is one that requires a special procedure for its amendment, as for
example, the American Constitution. A flexible constitution, on the other hand, is one
that can be amended in the same manner as the ordinary laws are made, as for example,
the British Constitution.
The Constitution of India is neither rigid nor flexible but a synthesis of both.
4. Federal System with Unitary Bias
Indian constitution has the characteristics of a federal system since it follows division of
powers (central and state), a written and rigid Constitution, independent judiciary, and
bicameralism. However, it also includes unitary elements such as a strong central govern-
ment, a single Constitution and citizenship.
5. Parliamentary Form of Government
India follows a Parliamentary Form of Government, where the executive derives its au-
thority from and is accountable to the legislature (Parliament). The President is the formal
head of state, but the real executive power lies with the Prime Minister and the Council
of Ministers. The Parliament consists of two houses, the Lok Sabha (House of the People)
and the Rajya Sabha (Council of States), which together play a key role in lawmaking and
governance.
6. Balance between Parliamentary Sovereignty and Judicial Supremacy
Parliamentary sovereignty means that Parliament has the ultimate authority to make laws,
and its decisions cannot be overturned by any other body. However, judicial supremacy
in India gives the judiciary, especially the Supreme Court, the power to review laws and
ensure they comply with the Constitution. If a law violates the Constitution, the judiciary
can strike it down.
7. Integrated and Independent Judiciary
The Supreme Court stands at the top of the integrated judicial system in the country.
Below it, there are high courts at the state level. Under a high court, there is a hierarchy
of subordinate courts, that is, district courts and other lower courts. This single system of
courts enforces both the central laws as well as the state laws.
Courts, especially the Supreme Court are 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 independent operation.
8. Fundamental Rights
The Fundamental Rights are meant for promoting the idea of political democracy. They
are justiciable in nature, that is, they are enforceable by the courts for their violation.
9. Directive Principles of State Policy
The directive principles are meant for promoting the ideal of social and economic democ-
racy. They seek to establish a ‘welfare state’ in India. However, unlike the Fundamental
Rights, the directives are non-justiciable in nature, that is, they are not enforceable by the
courts for their violation.
10. Fundamental Duties
The fundamental duties serve as a reminder to citizens that while enjoying their rights,
they have also to be quite conscious of duties they owe to their country, their society

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6002 5 Salient Features of Indian Constitution

and to their fellow-citizens. However, like the Directive Principles, the duties are also
non-justiciable in nature.
11. A Secular State
The Constitution of India stands for a secular state. Hence, it does not uphold any partic-
ular religion as the official religion of the Indian State.
12. Universal Adult Franchise
The Indian Constitution adopts universal adult franchise as a basis of elections to the Lok
Sabha and the state legislative assemblies. Every citizen who is not less than 18 years of
age has a right to vote without any discrimination of caste, race, religion, sex, literacy,
wealth, and so on.
13. Single Citizenship
In India, all citizens irrespective of the state in which they are born or reside enjoy the
same political and civil rights of citizenship all over the country and no discrimination is
made between them.
14. 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 like
Election Commission, Public Service Commissions,
15. Emergency Provisions
The Indian Constitution contains eleborate emergency provisions to enable the President
to meet any extraordinary situation effectively. The Constitution envisages three types of
emergencies, namely: 1) National emergency (like wars), 2) State emergency (President’s
Rule in case of failure of Constitutional machinery in the states), 3) Financial emergency.
During an emergency, the Central Government becomes all-powerful and the states go
into the total control of the centre.
16. Three-tier Government
India has a three-tier government system, which includes:
(a) Central Government (Union Government) responsible for issues affecting the
entire country, such as defense, foreign policy, and national security.
(b) State Governmentshandles matters specific to the state, such as education, health-
care, and police.
(c) Local Governments including urban and rural local bodies such as municipalities
and panchayats, which handle local issues like water supply, sanitation, and local
infrastructure.
17. Co-operative Societies
Indian constitution contains various provisions to ensure that the cooperative societies in
the country function in a democratic, professional, autonomous and economically sound
manner.

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