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CIVICS

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Unit - 1

Indian
Constitution

Learning Objectives
„„To know about the making of Indian Constitution
„„To know the Salient features of Indian Constitution
„„To understand the Fundamental Rights and Duties
„„To know the Directive Principles of State Policy
„„To understand the Centre-State relations and the Emergency Provisions

Introduction Dr. Sachchidananda Sinha, the oldest member,

was elected as the temporary President of the
The Constitution is the fundamental law
Assembly. While the work was in progress,
of a country which reflects the fundamental
Dr. Sahchidananda Sinha died. Dr. Rajendra
principles on which the government of that
Prasad was elected as the President of the
country is based. It is the vehicle of a Nation’s
Assembly. Similarly, both H.C. Mukherjee and
progress. The concept of constitution was first
V.T. Krishnamachari were elected as the Vice-
originated in U.S.A.
Presidents of the Assembly. The Assembly met
1.1  he Need for
T for 11 sessions along with 166 days of meetings.
a Constitution During the discussion, 2473 amendments were
All Democratic countries have a constitution presented. Some of them were accepted. The
that governs them. A constitution puts down Assembly worked through various committees
certain principles that form the basis of any kind and the draft of the Constitution was prepared by
of a state that we as citizens, desire to live in. A the Drafting Committee under the chairmanship
constitution tells us the fundamental nature of of Dr. B.R. Ambedkar. He is recognised as the
our society. ‘Father of the Constitution of India’.

1.2  Making of Indian

Constitution
The Constitution of India was framed by a
Constituent Assembly setup under the Cabinet
Mission Plan, 1946. The Assembly consisted
of 389 members representing Provinces
(292), States (93), the Chief Commissioner’s
provinces (3) and Baluchistan (1). The Assembly
held its first meeting on December 9, 1946. Dr. B.R. Ambedkar

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After the draft had been new words - socialist, secular and integrity.
discussed by the people, the The Preamble begins with the phrase ‘We, the
press, provincial assemblies People of India’. Thus, we can say that the people
and others, the Constitution of India are the source of our Constitution. The
was finally adopted on Preamble of our Constitution states that India
November 26, 1949, is a Sovereign Socialist Secular Democratic
contained a Preamble, 22 Republic. Its aim is to secure to all Indian
parts, 395 Articles and 8 Schedules. The drafted citizens Social, economic and political justice.
Constitution came into force on 26th January,
1950. This day is known as the Republic Day. It Liberty, Equality and Fraternity
is being observed every year. were the important slogans during
the French Revolution in 1789.
Prem Behari Narain Raizada was They are given importance in the
the calligrapher of the Indian Preamble of our Constitution.
Constitution. The original
constitution was handwritten by
him in a flowing italic style. 1.5 Citizenship
The word ‘Citizen’ is derived from the Latin
1.3  Salient features of term ‘Civis’. It means resident of a City State.
Indian Constitution The Constitution of India provides for a single
and uniform citizenship for the whole of India.
„„It is the lengthiest of all the written
Articles 5 to 11 under part II of the Constitution
constitutions of the world.
deals with the citizenship.
„„It has borrowed most of its provisions from
the constitutions of various countries. Citizenship Act (1955)

„„It is partly rigid and partly flexible. The Citizenship Act of 1955 provides for
acquisition and loss of citizenship after the
„„It establishes a federal system of government. commencement of the Constitution. This Act
„„It makes India as a secular state. has been amended so far nine times.
„„It provides an independent judiciary. Acquisition of Citizenship
„„It introduces Universal Adult Franchise and According to the Citizenship Act, 1955, the
accords the right to vote to all citizens above citizenship could be acquired through any of
18 years of age without any discrimination. the following methods.
1.4 Preamble 1. By Birth: All persons born in India on or after
January 26, 1950 are treated as citizens by birth.
The term ‘preamble’ refers to the introduction
or preface to the Constitution. It consists of the 2. By Descent: A person born outside India on
ideals, objectives and basic principles of the or after January 26, 1950 shall be a citizen of
Constitution. It has great value and has been India by descent, if his father is a citizen of India
described as the ‘key to the Constitution’. at the time of his birth.

The Preamble to the Indian Constitution is 3. By Registration: A person can acquire

based on the ‘Objective Resolution’, drafted by citizenship of India by registration with
Jawaharlal Nehru, which was adopted by the appropriate authority.
Constituent Assembly on January 22, 1947. It has 4. By Naturalisation: A foreigners can
been amended once by the 42nd Constitutional acquire Indian citizenship, on application for
Amendment Act of 1976, which added three naturalization to the Government of India.
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5. By Incorporation of Territory: In the event the “Guardian of the Constitution”. According

of a certain territory being added to the territory to Dr. Ambedkar, Article 32 is “the heart and
of India, the Government of India shall specify soul of the Constitution”.
the persons of that territory who shall be citizen (a) Habeas Corpus:
of India. Safeguards people from illegal arrests.
Loss of Citizenship (b) Mandamus:
The Citizenship Act of 1955 prescribes It protects the petitioner who requires legal
three ways of losing citizenship whether help to get his work done by respective public
acquired under the Act or prior to it under the authorities.
Constitution, viz, renunciation, termination (c) Prohibition:
and deprivation. It prohibits a subordinate court from acting
1. It can be voluntarily renounced by a citizen. beyond its jurisdiction.
(d) Certiorari:
2. It can be terminated if a person acquires the
It quashes an order issued by a subordinate
citizenship of some other country.
court by overstepping its jurisdiction.
3. The central government can deprive a (e) Quo Warranto:
naturalized citizen, if it satisfied that It prevents usurpation of public office through
the citizenship was acquired by fraud, illegal manner.
false representation or concealment of
material facts or indulges in trade with Suspension of Fundamental Rights
enemy countries or if the person has been When the President makes a Proclamation
sentenced to imprisonment for a period of of Emergency under Article 352, the freedoms
2 years. guaranteed under Article 19 are automatically
suspended. The President can suspend other
1.6 Fundamental Rights fundamental rights through specific orders.
The Fundamental Rights are enshrined in Part These orders must be approved by the Parliament.
III of the Constitution from Articles 12 to 35. Differences between
In this regard, the framers of the Constitution Fundamental Rights and Directive
derived inspiration from the Constitution of Principles of State Policy
USA. Originally, the Constitution provided for
Directive Principles of
seven Fundamental Rights. At present, there Fundamental Rights
State Policy
are only six Fundamental Rights. Part III of the
Constitution is rightly described as the Magna It was derived from It was drawn on
Carta of India. While Fundamental Rights are the Constitution of the the model of the
available to all persons, certain Fundamental USA. Constitution of Ireland.
Rights are available only to Indian Citizens. Even the Government These are mere
cannot take away or instructions to the
Right to constitutional remedies
abridge these rights. Government.
(Articles - 32) These are enforceable These are not
A writ is an order or command issued by a by a court of law. enforceable in any court.
court in writing under its seal. It is in the nature These have legal These have moral and
of a command or prohibition from performing sanctions. political sanctions.
certain acts that are specified in the orders of The implementation
These rights strengthen
the court. Both the Supreme Court and the of these principles
political democracy in
High Courts are empowered to issue five kinds ensures social and
the country.
of writs. That is why the Supreme Court is called economic democracy.

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I. RIGHT TO EQUALITY II. RIGHT TO FREEDOM

Art. 14 - Equality before law. Art. 19 - Freedom of speech and expression,

Art. 15 - P rohibition of discrimination on assembly, association, movement,
grounds of religion, race, caste, sex or residence and profession.
place of birth. Art. 20 - Protection in respect of conviction for
Art. 16 - E quality of opportunity in matters of offences.
public employment. Art. 21 - Protection of life and personal liberty.
Art. 17 - Abolition of Untouchability. Art. 21A - R  ight to elementary education.
Art. 18 - Abolition of titles except military and Art. 22 - Protection against arrest and detention
academic. in certain cases.

III. RIGHT AGAINST EXPLOITATION IV. RIGHT TO RELIGION

Art. 25 - 
Freedom of conscience and free
profession, practice and propagation of
religion.
Art. 23 - Prohibition of traffic in human beings Art. 26 - F
 reedom to manage religious affairs.
and forced labour. Art. 27 - 
Freedom from payment of taxes for
Art. 24 - Prohibition of employment of children promotion of any religion.
in factories, etc. Art. 28 - F
 reedom from attending religious
instruction or worship in certain
educational institutions.
V. CULTURAL & EDUCATIONAL RIGHTS
VI. RIGHT TO CONSTITUTIONAL REMEDIES

Art. 29 - 
Protection of language, script and
culture of minorities. Art. 32 - It allows individuals to seek redressal
Art. 30 - 
R ight of minorities to establish and for the violation of their fundamental
administer educational institutions. rights.

Right to Property (Art. 31) Violation

was deleted from the list of which
of Fundamental Rights by Fu nd ame nt a l
the 44 th Amendment Act, right is associated
1978. It is made a legal right with the theme
under Article 300-A in Part XII of the depicted in the
Constitution. stamps?

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1.7  Directive Principles of (c) To uphold and

State Policy protect the
s o v e r e i g n t y,
The Directive Principles of State Policy are unity and
enumerated in Part IV of the Constitution integrity of India
from Articles 36 to 51. The Constitution does
(d) To defend the
not contain any classification of Directive country and
Principles. However, on the basis of their render national
content and direction, they can be classified service when
into three broad categories, viz, socialistic, called upon to
Gandhian and liberal-intellectual. These do so
principles are not enforceable by the courts.
(e) To promote harmony and the spirit of
But they are fundamental for the common brotherhood among all the people
governance of the country. They aim at of India transcending religious, linguistic
promoting the Social Welfare of the people. and regional or sectional diversities; to
Dr. B.R. Ambedkar described these principles renounce practices derogatory to the dignity
as ‘novel features’ of the Indian Constitution. of women
The 86th Amendment Act of 2002 changed (f) To value and preserve the rich heritage of
the subject -matter of Article 45 and made our composite culture
elementary education a fundamental right (g) To protect and improve the natural
under Article 21 A. The amended directive environment including forests, lakes, rivers
requires the State to provide early childhood and wildlife, and to have compassion for
care and education for all children until living creatures
they complete the age of six years. (h) To develop scientific temper, humanism and
the spirit of inquiry and reform
1.8 Fundamental Duties (i) To safeguard public property and to abjure
The Fundamental Duties in the Indian violence
Constitution are inspired by the Constitution (j) To strive towards excellence in all spheres
of former USSR (Russia). In 1976, the of individual and collective activity, so that
Congress party set up the Sardar Swaran Singh the nation constantly rises to higher levels of
Committee to make recommendations on endeavour and achievement
fundamental duties. The 42nd Amendment Act (k) To provide opportunities for education to
of 1976 added some responsibilities of citizens his child or ward between the age of six
to our Constitution called the Fundamental and fourteen years. (The 86th Constitutional
Duties. This amendment added a new part, Amendment Act, 2002 has also introduced
namely, Part IVA to the Constitution. This new the 11th Fundamental Duty under 51A(k)
part consists of only one Article that is Article under which all citizens of India or parents
51A which for the first time specified a code of shall provide opportunities for education to
eleven fundamental duties of the citizens. their children between age of 6 and 14 years)
List of Fundamental Duties
1.9 Centre-State Relations
(a) T
 o abide by the constitution and respect its
ideals and institutions, the National Flag Legislative relations
and the National Anthem. The Union Parliament has the power to
(b) To cherish and follow the noble ideals which legislate for the whole or any part of the
inspired the national struggle for freedom territory of India, which includes not only the
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States but also the Union Territories or any of the Finance Commission appointed by the
other area for the time being, included in the President under Article 280 of the Constitution.
territory of India. The Seventh Schedule of Late Prime Minister Indira Gandhi appointed
the Constitution embodies three lists namely, the Sarkaria Commission in 1983 to make an
the Union List, State List and Concurrent List enquiry into the Centre-State relations. The
consisting of 97, 66 and 47 items respectively. Central government has implemented 180
The Parliament enjoys the exclusive power to (out of 247) recommendations of the
legislate on subjects enumerated in the Union Commission.
List. The State Legislature has exclusive right to
legislate on the State List. Both Parliament and In 1969, the Tamil Nadu
State Legislatures have power to legislate on Government appointed a three-
subjects contained in the Concurrent. List. But member committee under
in case of conflict between the law of the State the chairmanship of Dr. P V
and the Union on a subject in the Concurrent Rajamannar to examine the entire question
List, the law of Parliament prevails. of Centre-state relations.

The Union List, State List and

1.10 Official Language
Concurrent List consisting
at present 100, 61 and 52 Part XVII of the Constitution deals with
items respectively. The 42nd the official language in Articles 343 to 351.
Amendment Act of 1976 Initially, the Constitution recognised 14
transferred five subjects to Concurrent List regional languages which were included in the
from State List, that is, education, forests, Eighth Schedule. At present, 22 languages are
weights and measures, protection of wild recognised.
animals and birds, and administration of
Activity
justice; constitution and organisation of all
List out the recognised languages in the
courts excepts the Supreme Court and the
Eighth Schedule of the Constitution?
high courts.

In 2004, the Government of

Administrative relations
India decided to create new
The Administrative power of a State extends category of languages called
only to its own territory and with respect to as “classical languages”. So far,
which it has legislative competence, whereas the the six languages are granted
Union has exclusive executive power over: (a) the classical language status namely Tamil
the matters with respect to which Parliament (2004), Sanskrit (2005), Telugu (2008),
has exclusive power to make laws and (b) the Kannada (2008), Malayalam (2013) and
exercise of its powers conferred by any treaty or Odia (2014).
agreement.
1.11 Emergency Provisions
Financial relations
National Emergency (Article 352)
Article 268-293 in Part XII deal with the
Financial relations between centre and the The President under Article 352 can declare
states. The Centre and States are empowered emergency if he is satisfied that India’s security
by the Constitution to impose various kinds is threatened due to war, external aggression
of taxes. And certain taxes are imposed and or armed rebellion, or if there is an imminent
collected by the centre and divided between danger or threat. When a national emergency
centre and states based on the recommendation is declared on the ground of war or external

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aggression it is known as external emergency. Procedure of Amendment

On the other hand, when it is declared on
An amendment of this Constitution may be
the ground of armed rebellion it is known as initiated only by the introduction of a Bill for
internal emergency. This type of emergency has the purpose in either House of Parliament,
been declared three times so far: in 1962, 1971 and when the Bill is passed in each House
and 1975. by a majority of the total membership of
State emergency (Article 356) that House and by a majority of not less than
two-thirds of the members of that House
Under Article 356, the President can declare
present and voting, it shall be presented to
an emergency in a state if the Governor
the President who shall give his assent to the
reports that a situation has arisen under which Bill and thereupon the Constitution shall
the government of a State cannot be carried stand amended in accordance with the terms
on in accordance with the provisions of the of the Bill. The constitution amendment can
Constitution. The continuance of such an be brought about only by the Parliament.
emergency beyond one year is possible only if State legislatures cannot initiate for any
emergency under Art. 352 are in operation or amendment to the Constitution.
the Election Commission certifies that there Types of Amendments
are difficulties in holding Assembly elections.
Maximum duration of the emergency can Article 368 provides for three ways of
amendments.
be three years. The State is governed by the
Governor on behalf of the President. For the 1. Amendment by simple majority of the
Parliament
first time, the President’s Rule was imposed in
Punjab in 1951. 2. Amendment by special majority of the
Parliament
Financial emergency (Article 3. Amendment by special majority of the
360) Parliament and the ratification of half of
the state legislatures.
Article 360 authorises the President to
declare financial emergency if he is satisfied
42 nd amendment of the
that the financial stability or credit of India
Constitution is known as the
or of any of its parts is in danger. In this type
mini Constitution.
of emergency, salaries and allowances of
any class of persons serving State or Union,
including judges of the Supreme Court and 1.13  Constitutional
High Court can be reduced by an order of Reform Commissions
the President. This type of emergency has not The National Commission to Review the
been declared in India so far. Working of the Constitution was set up by a
1.12  Amendment of the resolution of the Government of India in 2000
headed by M.N.Venkatachaliah. In April 2007,
Constitution
a three member commission headed by the
The term amendment denotes change, former Chief Justice of India M.M.Punchchi
improvement and modification. Article was set up by the then Government to take a
368 of the Constitution in Part XX, deals fresh look at relative roles and responsibilities
with the powers of Parliament to amend the of various levels of Government and their
Constitution and its procedure. inter-relations.

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SUMMARY
„„ The Constitution of India was framed by a Constituent Assembly set up under the Cabinet
Mission Plan, 1946.
„„ The Preamble of our Constitution states that India is a Sovereign Socialist Secular
Democratic Republic.
„„ The word ‘Citizen’ is derived from the Latin term ‘Civis’. It means resident of a City State.
„„ According to Dr. Ambedkar, Article 32 is “the heart and soul of the whole Constitution”.
„„ In 2004, the Government of India decided to create new category of languages called as
“classical languages”.

GLOSSARY
Preamble the introduction to the constitution of India முகவுரை
Secular state A state which protects all religions equally சமயச் சார்பற்ற அரசு
Discrimination unfair treatesment of a person or group பாகுபாடு
Writ written command of court நீதிப்பேராணை
Sovereignty supreme power or authority இறையாண்மை
Heritage something handed down from one’s ancestors பாரம்பரியம்
Autonomy independence in one’s thoughts or actions தன்னாட்சி
Proclamation an announcement பிரகடனம்

EVALUATION
4. Find the odd one out.
(a) Right to Equality
I  Choose the Correct
Answer (b) Right against Exploitation
(c) Right to Property
1. Which of the following sequences in right
regarding the Preamble? (d)Cultural and Educational Rights
(a) R epublic, democratic, secular, 5. 
One of the following is not an instance of an
socialist, sovereign exercise of a fundamental right?
(b) S overeign, socialist, secular, republic, (a) Workers from Karnataka go to Kerala to
democratic work on the farms
(c) S overeign, republic, secular, socialist, (b) Christian missions set up a chain of
democratic missionary schools
(d) S overeign, socialist, secular, (c) Men and Women government employees
democratic, republic got the same salary.
2. How many times has the Preamble to the (d) Parents property is inherited by their
Constitution of India amended? children
(a) Once (b) Twice (c) Thrice (d) Never 6. 
Which one of the following rights was
3. 
A foreigner can acquire Indian citizenship described by Dr. B.R. Ambedkar as the
through heart and soul of the Constitution?
(a) Descent (b) Registration (a) Right to freedom of religion
(c) Naturalisation (d) All of the above (b) Right to equality
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(c) Right to Constitutional remedies III Match the Following

(d) Right to property 1. Citizenship Act - Jawaharlal Nehru
7. 
How can the Fundamental Rights be 2. The Preamble - 42nd Amendment
suspended? 3. The mini Constitution - 1955
(a) If the Supreme Court so desires 4. Classical language - 1962
(b) If the Prime Minister orders to this 5. National Emergency - Tamil
effect IV Give short Answers
(c) If the President orders it during the 1. What is a Constitution?
national emergency 2. What is meant by citizenship?
(d) All of the above 3. List out the fundamental rights guranteed
by Indian Constitution.
8. We borrowed the Fundamental Duties from the
4. What is a Writ?
(a) American Constitution 5. List out the three heads of the relations
(b) Canadian Constitution between the Centre and the States.
(c) Russian Constitution 6. What are the classical languages in India?
7. What is national emergency?
(d) Irish Constitution
V Answer in Detail
9. 
Under which Article financial emergency
1.  Explain the salient features of the
can be proclaimed?
Constitution of India.
(a) Article 352 (b) Article 356 2. Point out the Fundamental Rights.
(c) Article 360 (d) Article 368 3. Write briefly on the Right to Constitutional
10. Which of the following committees/ Remedies.
commissions made recommendations 4.  Mention the differences between
about the Centre-State Relations? Fundamental Rights and Directive
Principles of State Policy.
1. Sarkaria Commission
VI Project and activity
2. Rajamannar Committee
1.  Collect information about the various
3. M
 .N.Venkatachaliah Commission members of the Constituent Assembly.
Select the correct answer from the 2. Collect the pictures of the Members of the
codes given below Drafting Committee.
(a) 1, 2 & 3 (b) 1 & 2
(c) 1 & 3 (d) 2 & 3 REFERENCE BOOKS

II Fill in the Blanks 1. D.D. Basu - Introduction of the Constitution

1. 
The concept of constitution first originated of India, S.C. Sarkar & Sons (Private) Ltd,
in ________. 1982.
2. 
________was elected as the temporary 2. 
PM Bakshi - The Constitution of India,
President of the Constituent Assembly. Universal Law Publishing - an imprint of
LexisNexis, 2018.
3. 
The Constitution of India was adopted
on________. INTERNET RESOURCES
4. 
________ writs are mentioned in Article
32. 1. https://www.india.org
5. 
Fundamental duties have been given to the 2. https://legislative.gov.in/constitution-of-
citizen of India under Article________. india

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