(a) Definition of Constitution, Constitutionalism, and Its

Classification
1. Definition of Constitution

A Constitution is the supreme legal document that lays down the basic framework of
governance and the principal organs of the State. It allocates powers and functions among the
various organs of government and also defines the relationship between the State and its
citizens. The Constitution not only creates institutions but also restricts them to ensure limited
government.

The Constitution provides:

 The structure of government (legislature, executive, judiciary)

 The distribution of powers (between the center and states, or different organs)
 The fundamental rights and duties of citizens
 The procedure for amendment
 The manner of enactment of laws and administration

As per Wade and Phillips, “A constitution means a document having a special legal sanctity
which sets out the framework and the principal functions of the organs of government within
the state and declares the principles by which those organs must operate.”

2. Concept of Constitutionalism

While a constitution is a document, constitutionalism is a political philosophy. It implies

limited government under a higher law. Constitutionalism embodies the principle that
governmental power must be exercised within the framework of the Constitution and that
there must be effective checks and balances to prevent arbitrariness or tyranny.

Key features of constitutionalism:

 Rule of law: No one is above the law

 Separation of powers: Ensures no organ of government becomes supreme
 Judicial review: Courts have the power to invalidate unconstitutional laws
 Fundamental rights: These act as limitations on State power
 Democratic accountability

In India, constitutionalism is a part of the basic structure doctrine as held in the

Kesavananda Bharati case (1973). It ensures the supremacy of the Constitution and
prevents the abuse of power by any organ of the State.

3. Classification of Constitutions

Constitutions are classified based on different parameters:

(i) Written and Unwritten

  Written Constitution: Codified in a single document (e.g., India, USA)
 Unwritten Constitution: Based on customs, conventions, and judicial decisions (e.g.,
UK)

(ii) Rigid and Flexible

 Rigid Constitution: Requires a special procedure for amendment (e.g., USA)

 Flexible Constitution: Can be amended like ordinary laws (e.g., UK)
 India’s Constitution is partly rigid and partly flexible.

(iii) Federal and Unitary

 Federal: Power is divided between central and state governments (e.g., USA, India)
 Unitary: Central government is supreme (e.g., UK, France)

(iv) Monarchical and Republican

 Monarchical: Head of state is a monarch (e.g., UK)

 Republican: Head of state is an elected person (e.g., India)

(v) Presidential and Parliamentary

 Presidential: Executive is separate from legislature (e.g., USA)

 Parliamentary: Executive is derived from legislature (e.g., India, UK)

Conclusion

Understanding the Constitution and constitutionalism is key to grasping the nature of

governance in any state. The Indian Constitution reflects a commitment to constitutionalism
through its emphasis on rule of law, fundamental rights, and checks and balances. Its
classification as a written, partly rigid, federal, republican, and parliamentary Constitution
showcases its hybrid and flexible nature, which is suited to the complex socio-political
landscape of India.

(b) Sources and Framing of the Indian Constitution

The Indian Constitution, adopted in 1950, is often described as a borrowed Constitution or a
bag of borrowings, yet it is uniquely Indian in its spirit, structure, and application. The
framing of the Constitution was a monumental task carried out by the Constituent
Assembly, which deliberated for nearly three years to produce a document that reflects the
will and aspirations of the people of India.

1. Historical Context and Framing of the Constitution

Constituent Assembly (1946–1950)

  The Constituent Assembly was established in 1946, following the Cabinet Mission
Plan.
 The Assembly had 389 members, later reduced to 299 after partition.
 Dr. Rajendra Prasad was the President of the Assembly.
 The Drafting Committee, chaired by Dr. B.R. Ambedkar, was responsible for the
final draft.
 The Constitution was adopted on 26th November 1949 and enforced on 26th
January 1950.

Process of Framing

 The Assembly met for 11 sessions over 165 days.

 Debates were held in an open, democratic manner, with inputs from all communities
and ideologies.
 Influenced by nationalist movements, freedom struggle ideals, and socio-economic
realities.

Objective Resolution

 Moved by Jawaharlal Nehru, the Objective Resolution outlined the vision for
independent India.
 It later became the Preamble of the Constitution.

2. Sources of the Indian Constitution

The Indian Constitution is unique in that it draws from multiple constitutional traditions,
adapting them to suit Indian realities. Here are the major sources:

1. Government of India Acts (1919 & 1935)

 Provided the basic administrative framework.

 The 1935 Act is the single largest source, contributing:
o Federal structure
o Office of Governor
o Public Service Commissions
o Emergency provisions
o Administrative details

2. British Constitution

 Parliamentary system of government

 Rule of Law
 Legislative procedures
 Cabinet system
 Bicameralism
 Writs (like Habeas Corpus, Mandamus)

3. United States Constitution

  Fundamental Rights
 Independent Judiciary
 Judicial Review
 Impeachment of President
 Removal of Supreme Court and High Court Judges
 Written Constitution
 Preamble and idea of popular sovereignty

4. Irish Constitution

 Directive Principles of State Policy (DPSP)

 Nomination of Rajya Sabha members by the President

5. Canadian Constitution

 Quasi-federal structure
 Strong Centre with residuary powers
 Appointment of Governors by Centre
 Advisory jurisdiction of Supreme Court

6. Australian Constitution

 Concurrent List
 Freedom of Trade and Commerce
 Joint sitting of the two Houses

7. Soviet (USSR) Constitution

 Fundamental Duties
 Ideals of Justice (Social, Economic, and Political)

8. Weimar Constitution of Germany

 Emergency powers (Article 356)

9. South African Constitution

 Procedure for constitutional amendments

 Election of Rajya Sabha members

3. Unique Indian Innovations

Despite these borrowings, the Indian Constitution is not a copy-paste document. It

incorporates unique Indian features:

 Single Constitution for entire country (except J&K before abrogation of Article
370)
 Blend of rigidity and flexibility
  Integrated yet federal judiciary
 Universal adult franchise from the beginning
 A comprehensive list of Fundamental Duties
 Special provisions for Scheduled Tribes and Castes
 Emphasis on social justice and welfare state

Conclusion

The framing of the Indian Constitution was a synthesis of global constitutionalism and
Indian realities. It was crafted not in haste but after detailed deliberation and reflects the
aspirations of a newly independent nation. The Constitution’s strength lies in its ability to
balance borrowed wisdom with indigenous needs, making it both adaptable and resilient.
This ability to evolve while retaining its core philosophy has made the Indian Constitution the
longest and one of the most successful in the democratic world.

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(c) Preamble of the Indian Constitution

The Preamble is an introductory statement that outlines the philosophy, values, and
objectives of the Indian Constitution. Although not enforceable by law, it plays a vital role in
interpreting constitutional provisions and reflecting the spirit of the Constitution.

1. Origin and Significance

 The Preamble is based on the Objectives Resolution moved by Jawaharlal Nehru in

1946.
 It was adopted by the Constituent Assembly on 22 January 1947.
 The final form of the Preamble came into force on 26 January 1950, the day the
Constitution was enacted.

2. Text of 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 26th day of November 1949, do hereby adopt, enact and
give to ourselves this Constitution.”
3. Key Terms in the Preamble

"We, the people of India"

 Reflects the idea of popular sovereignty.

 Indicates that ultimate power lies with the people, not with any external authority.

Sovereign

 India is free from external control in both internal and external matters.
 It can frame its own policies and laws.

Socialist (added by the 42nd Amendment, 1976)

 Reflects commitment to eliminating inequality in income and status.

 Emphasizes a mixed economy with both public and private sectors.

Secular (also added by the 42nd Amendment)

 The State has no official religion.

 It treats all religions equally and impartially.

Democratic

 Emphasizes political democracy through universal adult franchise.

 People elect their government directly or indirectly.

Republic

 The head of the State is elected, not hereditary.

 India has a President elected by the people through their representatives.

4. Objectives of the Preamble

Justice: Social, Economic, Political

 Social justice: No discrimination on caste, religion, gender.

 Economic justice: Fair distribution of wealth.
 Political justice: Equal participation in political processes.

Liberty: Thought, Expression, Belief, Faith, Worship

 Essential for the functioning of democracy.

 Ensures freedom of conscience and free speech.

Equality: Status and Opportunity

  Equal access to the law and opportunities.
 Abolition of untouchability and titles reflects this.

Fraternity

 Promotes national integration.

 Ensures dignity of the individual and unity of the nation.

5. Judicial Recognition

Berubari Union Case (1960):

 SC held the Preamble is not part of the Constitution.

Kesavananda Bharati Case (1973):

 Overruled Berubari.
 Held that the Preamble is part of the Constitution.
 Can be used to interpret ambiguous clauses.
 The basic structure doctrine was evolved using the Preamble’s ideals.

LIC v. Consumer Education (1995):

 Reaffirmed that the Preamble is an integral part of the Constitution.

6. Conclusion

The Preamble encapsulates the core values and vision of the Indian Constitution. It serves as
a guiding light for interpreting the law and maintaining the spirit of democracy and justice.
Though not enforceable by courts, it remains a sacred declaration of India’s constitutional
philosophy.

(d) Salient Features of the Indian Constitution

The Indian Constitution is an extraordinary document that blends rigidity and flexibility,
federalism and unitarism, liberty and control, and tradition and modernity. The salient
features reflect its philosophical, structural, and functional uniqueness.

1. Lengthiest Written Constitution

  With 448 articles, 12 schedules, and 105 amendments (as of 2023), it is the longest
written Constitution in the world.
 Includes detailed provisions on governance, administration, and rights.
 Reflects India’s diversity, complexity, and historical experiences.

2. Blend of Rigidity and Flexibility

 Some provisions can be amended by a simple majority (like ordinary laws).

 Others require special majority (Article 368), and some also require state
ratification.
 Thus, it combines the rigid nature of federal Constitutions and the flexibility of
unitary ones.

3. Federal System with Unitary Bias

 Dual polity with a division of powers between Centre and States.

 Strong Centre with residuary powers (Article 248), emergency powers, and power to
change state boundaries.
 Described as quasi-federal or cooperative federal.

4. Parliamentary System of Government

 Inspired by the British model.

 Collective responsibility of the executive to the legislature (Article 75).
 Real executive power lies with the Council of Ministers headed by the Prime
Minister.
 President is the nominal head of State.

5. Fundamental Rights (Part III)

 Borrowed from the U.S. Constitution.

 Enforceable by courts.
 Includes:
o Right to equality
o Right to freedom
o Right against exploitation
o Right to freedom of religion
o Cultural and educational rights
o Right to constitutional remedies (Article 32)
6. Directive Principles of State Policy (Part IV)

 Inspired by the Irish Constitution.

 Non-justiciable but fundamental in the governance of the country (Article 37).
 Aim to establish economic and social democracy.

7. Fundamental Duties (Part IVA)

 Added by the 42nd Amendment (1976), based on USSR Constitution.

 List of 11 duties (Article 51A), including respect for the Constitution, promoting
harmony, protecting the environment, etc.

8. Single Citizenship

 Unlike federal countries like the USA, India provides only one citizenship—Indian
citizenship.
 Promotes national unity and integration.

9. Universal Adult Franchise

 Every citizen above the age of 18 has the right to vote.

 Emphasizes political equality, regardless of caste, creed, or religion.

10. Independent and Integrated Judiciary

 Single judiciary for the entire country.

 Supreme Court at the apex, followed by High Courts and subordinate courts.
 Judiciary has the power of judicial review and writ jurisdiction.

11. Secular State

 State has no official religion.

 Equal treatment to all religions.
 Secularism is a basic feature of the Constitution.

12. Emergency Provisions

  In exceptional circumstances, the Centre can assume unitary powers (Articles 352,
356, 360).
 Essential for national unity and integrity.

13. Bicameral Legislature

 Parliament has two Houses:

o Lok Sabha (House of the People)
o Rajya Sabha (Council of States)

Conclusion

The Indian Constitution is a living document. Its salient features reflect a carefully crafted
balance between diversity and unity, tradition and change, individual rights and
collective welfare. It is a dynamic document that has evolved through amendments, judicial
interpretation, and democratic practice, making it one of the most resilient Constitutions
in the world.

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Here is a comprehensive 500+ word answer on the topic:

(e) Is the Indian Constitution Federal in Nature?

The nature of the Indian Constitution has long been debated among scholars, jurists, and
constitutional experts. While the Constitution itself does not use the term “federal,” it
establishes a system of government that combines elements of both federal and unitary
structures. To answer this question adequately, one must analyze the definition of
federalism, examine the features of Indian federalism, and evaluate judicial
interpretations and constitutional provisions.

1. What is a Federal Constitution?

A federal Constitution typically involves a division of powers between two levels of

government—central and regional (state/provincial)—with a written Constitution acting as
the supreme law. The key features of federalism include:

 Dual government
 Distribution of powers
  Supremacy of the Constitution
 Rigidity of the Constitution
 Independent judiciary
 Bicameral legislature

2. Federal Features in the Indian Constitution

Despite not labeling itself explicitly as “federal,” the Indian Constitution does incorporate
several federal features:

(i) Dual Polity

 India has a two-tier government: Union Government and State Governments.

 Both levels derive authority from the Constitution and operate within defined
domains.

(ii) Distribution of Powers

 Powers are divided under the Seventh Schedule into:

o Union List (97 items)
o State List (66 items)
o Concurrent List (47 items)
 This reflects the division of subjects, a hallmark of federalism.

(iii) Supremacy of the Constitution

 Both Centre and States are subordinate to the Constitution.

 Any law that contravenes the Constitution is void.

(iv) Written and Rigid Constitution

 The Indian Constitution is a written and partly rigid document.

 Some amendments require ratification by half of the State legislatures, preserving
the federal spirit.

(v) Independent Judiciary

 The Supreme Court is the final interpreter of the Constitution and has jurisdiction to
adjudicate Centre-State disputes.

(vi) Bicameralism

 The Rajya Sabha represents the States of India, similar to the U.S. Senate.

3. Unitary Features in the Indian Constitution

While India incorporates many federal elements, it also possesses strong unitary features,
especially when compared to classical federations like the USA.

(i) Strong Centre

 The Centre has more powers, including residuary powers (Article 248), which in
classic federalism usually rest with the states.

(ii) Single Constitution

 India has one Constitution for both the Union and the States, unlike the U.S. where
states have their own constitutions.

(iii) Single Citizenship

 There is only Indian citizenship; no separate state citizenship.

(iv) Flexibility of Constitution

 Parliament can change the boundaries and names of states (Articles 3 and 4), which
undermines the sovereignty of the states.

(v) Emergency Provisions

 During an emergency, India becomes completely unitary. The Centre can legislate
on state subjects, and state governments function under the direction of the Centre.

(vi) Appointment of Governors

 Governors are appointed by the President, not elected by the states, giving the
Centre control over state administration.

4. Judicial Interpretation

The Supreme Court of India has also weighed in on this issue.

In S.R. Bommai v. Union of India (1994):

 The Court held that federalism is a part of the basic structure of the Constitution.
 It emphasized that while the Centre is strong, the States are not mere agents of the
Centre.

In Kesavananda Bharati v. State of Kerala (1973):

 Federalism was reaffirmed as an essential feature of the Constitution.

5. Quasi-Federal Nature

The Indian Constitution is best described as quasi-federal or co-operative federal in

nature—a term used by K.C. Wheare, who said India has a system "quasi-federal with a
strong unitary bias."

This term implies that while the Indian system is structurally federal, it has unitary
characteristics that become prominent in times of national need.

Conclusion

The Indian Constitution incorporates both federal and unitary features, carefully designed to
suit the country’s complex socio-political fabric. It can neither be classified as strictly
federal nor purely unitary. It is a flexible, dynamic federation—capable of operating as a
union when necessary and respecting state autonomy otherwise. The framers of the
Constitution chose a balanced approach, ensuring national unity while accommodating
regional diversity.

Thus, India has a federal Constitution with a unitary bias, rooted in the principles of
cooperative federalism, which continues to evolve through political practice and judicial
interpretation.

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of the Indian Constitution.