INTRODUCTION

 CONSTITUION:

A set of fundamental rules that determine how a country or stateis run.Or The set of written
rules, that are accepted by all the people living together in a country.
The term constitution comes through French from the lattin word constitution, used for
regulations and orders, such as the imperial enactments
The constitution of India ‘OF THE PEOPLE,FOR THE PEOPLE AND BY THE PEOPLE’
The constitution was framed by the constituent assembly of India, established by the
members of the provincial assemblies elected by the people of India. Dr.Sachidanand Sinha
was the first president of the constituent Assembly Later, DrRajendra Prasad was elected its
president.
Dr .BR Ambedkar, the chairman of its Drafting Committee, is considered the chief architect
of the Indian constitution which provides and dynamic framework to guide and govern the
country, keeping in view of unique social, cultural and religious diversity.The constituent
assembly took almost two years,eleven months and eighteen days to be precise.
Dr.Bhimrao Ramji Ambedkar is known as the father of Indian Constitution.
A distinctive document with many extraordinary features, the constitution of India is the
longest written constitution of any sovereign nation in the world.
The original text of the constitution contained 395 articles in 22 parts and eight schedules.
The number of artical has since increased to 448 due to 100 amendments.
Thus, the constitution of India repealed the Indian Independence Act 1947 and Government
of India Act 1935 when it became effective on 26 January 1950. India ceased to be a
dominion of the British Crown and became a sovereign, democratic republic with the
constitution.
Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the
constitution came into force on 26 November 1949, and the remaining articles became
effective on 26 January 1950 which is celebrated every year in India as Republic Day.
The constitution declares India a sovereign, socialist, secular and democratic republic, assures
its citizens justice, equality, and liberty, and endeavours to promote fraternity.
The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament House
in New Delhi. The Constitution of India is the supreme law of India. The document lays
down the framework that demarcates fundamental political code, structure, procedures,
powers, and duties of government institutions and sets out fundamental rights, directive
principles, and the duties of citizens, based on the proposal suggested by M. N. Roy. It is the
longest written national constitution in the world.

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In 1928, the all Parties Conference convened a committee in Lucknow to prepare the
Constitution of India, which was known as the Nehru Report. With the exception of scattered
French and Portuguese exclaves, India was under the British rule from 1858 to 1947.
From 1947 to 1950, the same legislation continued to be implemented as India was a
dominion of United Kingdom for these three years, as each princely state was convinced by
Sardar Patel and V. P. Menon to sign the articles of integration with India, and the British
Government continued to be responsible for the external security of the country.
Thus, the constitution of India repealed the Indian Independence Act 1947 and Government
of India Act 1935 when it became effective on 26 January 1950. India ceased to be a
dominion of the British Crown and became a sovereign, democratic republic with the
constitution.

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  History of Indian constitution:

 Previous legislation
The constitution was drawn from a number of sources. Mindful of India's needs and
conditions, its framers borrowed features of previous legislation such as the Government of
India Act 1858.
the Indian Councils Acts of 1861, 1892 and 1909, the Government of India Acts 1919 and
1935, and the Indian Independence Act 1947.
The latter, which led to the creation of Pakistan, divided the former Constituent Assembly in
two. The Amendment act of 1935 is also a very important step for making the constitution for
two new born countries.
Each new assembly had sovereign power to draft and enact a new constitution for the
separate states.
 13 December 1946: An "Objective Resolution" was presented by Jawaharlal Nehru,
laying down the underlying principles of the constitution. This later became the
Preamble of the Constitution.
 22 January 1947: Objective resolution unanimously adopted.
 22 July 1947: National flag adopted.
 15 August 1947: Achieved independence. India split into the Dominion of India and
the Dominion of Pakistan. [citation needed]
 29 August 1947: Drafting Committee appointed with B. R. Ambedkar as its chairman.
[22] The other six members of committee were K.M. Munshi, Muhammed Sadulla,
Alladi Krishnaswamy lyer, N. Gopalaswami Ayyangar, Devi Prasad Khaitan and BL
Mitter.
 16 July 1948: Along with Harendra Coomar Mookerjee, V. T. Krishnamachari was
also elected as second vice-president of Constituent Assembly.
 26 November 1949: The Constitution of India was passed and adopted by the
assembly.
 26 November 1949: The Constitution of India was passed and adopted by the
assembly.
 24 January 1950: Last meeting of Constituent Assembly. The Constitution was signed
and accepted (with 395 Articles, 8 Schedules, and 22 Parts).
 26 January 1950: The Constitution came into force. (The process took 2 years, 11
months and 18 days-at a total expenditure of ₹6.4 million to finish.) [citation needed]

G. V. Mavlankar was the first Speaker of the Lok Sabha (the lower house of Parliament) after
India turned into a republic. [citation needed]

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  Membership:
B. R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad,
Vallabhbhai Patel, Kanaiyalal Maneklal Munshi, Ganesh Vasudev Mavalankar, Sandipkumar
Patel, Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan.
Ghosh, and Balwantrai Mehta were key figures in the assembly, which had over 30
representatives of the scheduled classes. Frank Anthony represented the Anglo-Indian
community and the Parsis were represented by H. P. Modi. Harendra Coomar Mookerjee, a
Christian assembly vice-president, chaired the minorities committee and represented non-
Anglo-Indian Christians. Ari Bahadur Gurung represented the Gorkha community.
Judges, such as Alladi Krishnaswamy Iyer, Benegal Narsing Rau, K. M. Munshi and Ganesh
Mavlankar were members of the assembly. Female members included Sarojini Naidu, Hansa
Mehta, Durgabai Deshmukh, Amrit Kaur and Vijaya Lakshmi Pandit.
The first, two-day president of the assembly was Sachchidananda Sinha; Rajendra
Prasad was later elected president. It met for the first time on 9 December 1946.

 Drafting:
Sir B. N. Rau, a civil servant who became the first Indian judge in the International Court of
Justice and was president of the United Nations Security Council, was appointed as the
assembly's constitutional adviser in 1946. Responsible for the constitution's general structure,
Rau prepared its initial draft in February 1948. The draft of B.N. Rau consisted of 243
articles and 13 schedules which came to 395 articles and 8 schedules after discussions,
debates and amendments.
At 14 August 1947 meeting of the assembly, committees were proposed. Rau's draft was
considered, debated and amended by the eight-person drafting committee, which was
appointed on 29 August 1947 with B. R. Ambedkar as chair. A revised draft constitution was
prepared by the committee and submitted to the assembly on 4 November 1947.
Before adopting the constitution, the assembly held eleven sessions in 165 days. On 26
November 1949, it adopted the constitution which was signed by 284 members. The day is
celebrated as National Law Day, or Constitution Day.The day was chosen to spread the
importance of the constitution and to spread thoughts and ideas of Ambedkar.

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  Constituent Assembly:
The constitution was drafted by the Constituent Assembly, which was elected by elected
members of the provincial assemblies. The 389-member assembly (reduced to 299 after
the partition of India) took almost three years to draft the constitution holding eleven sessions
over a 165-day period
Mr. President, Sir, I am one of those in the House who have listened to Dr. Ambedkar very
carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on
the work of drafting this Constitution. At the same time, I do realise that that amount of
attention that was necessary for the purpose of drafting a constitution so important to us at
this moment has not been given to it by the Drafting Committee. The House is perhaps aware
that of the seven members nominated by you, one had resigned from the House and was
replaced. One died and was not replaced. One was away in America and his place was not
filled up and another person was engaged in State affairs, and there was a void to that extent.
One or two people were far away from Delhi and perhaps reasons of health did not permit
them to attend. So it happened ultimately that the burden of drafting this constitution fell on
Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in
a manner which is undoubtedly commendable.
The credit that is given to me does not really belong to me. It belongs partly to Sir B.N.
Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of
the Constitution for the consideration of Drafting Committee.

 Structure:
The Indian constitution is the world's longest for a sovereign nation. At its enactment, it had
395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest
active constitution after the Constitution of Alabama in the worldThe amended constitution
has a preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five
appendices, it has been amended 105 times; the latest amendment became effective on 15
August 2021.

The constitution's articles are grouped into the following parts:

 Preamble, with the words "socialist", "secular" and 'integrity' added in 1976 by the 42nd
amendment.
 Part I – The Union and its Territory – Articles 1 to 4
 Part II – Citizenship – Articles 5 to 11
 Part III – Fundamental Rights – Articles 12 to 35
 Part IV – Directive Principles of State Policy – Articles 36 to 51
 Part IVA – Fundamental Duties – Article 51A
 Part V – The Union – Articles 52 to 151
 Part VI – The States – Articles 152 to 237
 Part VII – States in the B part of the first schedule (repealed) – Article 238
 Part VIII – Union Territories – Articles 239 to 242

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 Part IX – Panchayats – Articles 243 to 243(O)
 Part IXA – Municipalities – Articles 243(P) to 243(ZG)
 Part IXB – Co-operative societies Articles 243(ZH) to 243(ZT)
 Part X – Scheduled and tribal areas – Articles 244 to 244A
 Part XI – Relations between the Union and the States – Articles 245 to 263
 Part XII – Finance, property, contracts and suits – Articles 264 to 300A
 Part XIII – Trade and commerce within India – Articles 301 to 307
 Part XIV – Services under the union and states – Articles 308 to 323
 Part XIVA – Tribunals – Articles 323A to 323B
 Part XV – Elections – Articles 324 to 329A
 Part XVI – Special provisions relating to certain classes – Articles 330 to 342
 Part XVII – Languages – Articles 343 to 351
 Part XVIII – Emergency provisions – Articles 352 to 360
 Part XIX – Miscellaneous – Articles 361 to 367
 Part XX – Amendment of the Constitution – Articles 368
 Part XXI – Temporary, transitional and special provisions – Articles 369 to 392
 Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals –
Articles 393 to 395

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  Sources of Indian constitution:
The larger portion of the Constitution is based on the Government of India Act, of 1935. But
many of the ideals and laws were borrowed from other countries like from the Constitution of
the USA, Canada, Britain, France, etc. Our Constitution has borrowed features from the
Government of India Act, of 1935 including:
1.Office of governor
2.Federal Scheme
3.Public Service Commissions
4.Judiciary
5.Administrative

1. Office of governor:
The state executive is made up of the Governor, Chief Minister, Council of Ministers, and
Advocate-General of State. Governor, as President, heads the state government. Article 153-
167 in the Indian Constitution deal with the provisions related to the state governments of the
country. Governor is a titular head or constitutional head and at the same time, he is the agent
of the centre as the union government nominates Governor in each state.
2. Federal Scheme:
Federalism is a system of government in which powers have been divided between the centre
and its constituent parts such as states or provinces. It is an institutional mechanism to
accommodate two sets of politics, one at the central or national level and the second at the
regional or provincial level.
3. Public Service Commissions:
Articles 315 to 323 in Part XIV of the Constitution of India provides for the establishment of
Public Service Commission for the Union of India and a Public Service Commission for each
State. The same set of Articles (i.e., 315 to 323 in Part XIV) of the Constitution also deal
with the composition, appointment and removal of members, power and functions and
independence of a Public Service Commission.
4. Judiciary:
Indian administration is guided by three pillars – Legislature, Executives, and Judiciary.
Indian Judiciary. In India, we have an independent judiciary. The other organs of the
government cannot interfere with the functioning of the judiciary. This article will provide
you with relevant facts about Indian judiciary.

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  Citizenship Of India:
State or belonging to a nation. In India, articles 5 – 11 of the constitution deals with the
concept of citizenship. The term citizenship entails the enjoyment of full membership of any
state in which a citizen has civil and political rights.

This is a very important concept to be understood and read for the IAS exam polity and
governance segments. With the recent Citizenship Amendment Bill in the news, the topic of
citizenship assumes all the more importance.
First, we discuss all the articles in the Indian Constitution pertaining to citizenship.

Article 5: Citizenship at the commencement of the Constitution:

This article talks abo Citizenship is the status of a person recognized under law as being a
legal member of a sovereign citizenship for people at the commencement of the Constitution,
i.e. 26th January 1950. Under this, citizenship is conferred upon those persons who have their
domicile in Indian territory and Who was born in Indian territory; or Whose either parent was
born in Indian territory; or Who has ordinarily been a resident of India for not less than 5
years immediately preceding the commencement of the Constitution.

Article 6: Citizenship of certain persons who have migrated :

Any person who has migrated from Pakistan shall be a citizen of India at the time of the
commencement of the Constitution if He or either of his parents or any of his grandparents
was born in India as given in the Government of India Act of 1935; and

 in case such a person has migrated before July 19th, 1948 and has been ordinarily
resident in India since his migration, or
 in case such as a person has migrated after July 19th, 1948 and he has been registered
as a citizen of India by an officer appointed in that behalf by the government of the
Dominion of India on an application made by him thereof to such an officer before
the commencement of the Constitution, provided that no person shall be so registered
unless he has been resident in India for at least 6 months immediately preceding the
date of his application.

Article 7: Citizenship of certain migrants :

This article deals with the rights of people who had migrated to Pakistan after March 1, 1947,
but subsequently returned to India.

Article 8: Citizenship of certain persons of Indian origin residing outside India:

This article deals with the rights of people of Indian origin residing outside India for purposes
of employment, marriage, and education.

Article 9:

People voluntarily acquiring citizenship of a foreign country will not be citizens of India.

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Article 10:

Any person who is considered a citizen of India under any of the provisions of this Part shall
continue to be citizens and will also be subject to any law made by the Parliament.

Article 11: Parliament to regulate the right of citizenship by law:

The Parliament has the right to make any provision concerning the acquisition and
termination of citizenship and any other matter relating to citizenship.

 Citizenship of India constitutional provisions:

Citizenship in India is governed by Articles 5 – 11 (Part II) of the Constitution. The

Citizenship Act, 1955 is the legislation dealing with citizenship. This has been amended by
the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the
Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.

Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not
jus soli (citizenship by right of birth within the territory).Citizenship Act, 1955.

Citizenship of India can be acquired in the following ways:

Citizenship at the commencement of the Constitution

Citizenship by birth
Citizenship by descent
Citizenship by registration
Citizenship by naturalization

By incorporation of territory (by the Government of India)People who were domiciled in

India as on 26th November 1949 automatically became citizens of India by virtue of
citizenship at the commencement of the Constitution.Persons who were born in India on or
after 26th January 1950 but before 1st July 1987 are Indian citizens.

A person born after 1st July 1987 is an Indian citizen if either of the parents was a citizen of
India at the time of birtPersons born after 3rd December 2004 are Indian citizens if both
parents are Indian citizens or if one parent is an Indian citizen and the other is not an illegal
migrant at the time of birth.

Citizenship by birth is not applicable for children of foreign diplomatic personnel and those
of enemy aliens. Like any other modern State, India has two kinds of people citizen and
aliens. Citizens are full members of the Indian State and owe allegiance to it. They enjoy all
civil and political rights. Aliens on the other hand, are the citizens of some other State and
hence do not enjoy all the civil and political rights.

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The following fundamental rights are available only to citizens-

 The right not to be discriminated against any citizen on ground of religion, race, caste,
sex or place of birth (Article 15).
 Right to equality of opportunity in the matter of public employment (Article 16).
 Right to freedom of speech and expression, assembly, association, movement,
residence and profession (Article 19).
 Cultural and educational rights (Articles 29, 30).
 Right to vote in election to the Lok Sabha and State Legislative Assembly.
 Right to contest for the membership of Parliament and the State Legislature.
 Eligibility to hold certain public offices that is, President of India.

Vice-President of India, Judges of the Supreme Court and the High Courts, Governor of
States, Attorney- General for India and Advocate-General of StatesThe rights guaranteed by
articles 14 and 21 are available to aliens also.Person who acquired citizenship at the
commencement of the Constitution by virtue of articles 5 to 8 can be divided in the following
categories-

1. Citizenship by Domicile:

Define citizenship by domicileAt the commencement of this Constitution every person who
has his domicile in the territory of India.

2. Citizenship of Migrants to India:

Notwithstanding anything in article 5, a person who has migrated to the territory of India
from the territory now included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if-

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  he or either of his parents or any of his grand- parents was born in India as defined in
the Government of India Act, 1935; and
 in the case where such person has so migrated before the nineteenth day of July, 1948,
he has been ordinarily resident in the territory of India since the date of his migration,
or
 in the case where such person has so migrated on or after the nineteenth day of July,
1948, he has been registered as a citizen of India by an officer appointed in that behalf
by the Government of the Dominion of India on an application made by him therefor
to such officer before the commencement of this Constitution in the form and manner
prescribed by that Government.

Provided that no person shall be so registered unless he has been resident in the territory of
India for at least six months immediately preceding the date of his application.

 Termination of Indian Citizenship:

Termination of citizenship is possible in three ways according to the Act: Renunciation: If

any citizen of India who is also a national of another country renounces his Indian citizenship
through a declaration in the prescribed manner, he ceases to be an Indian citizen. When a
male person ceases to be a citizen of India, every minor child of his also ceases to be a citizen
of India. However, such a child may within one year after attaining full age become an Indian
citizen by making a declaration of his intention to resume Indian citizenship.

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Termination: Indian citizenship can be terminated if a citizen knowingly or voluntarily adopts
the citizenship of any foreign country.

Deprivation: The government of India can deprive a person of his citizenship in some cases.
But this is not applicable for all citizens. It is applicable only in the case of citizens who have
acquired the citizenship by registration, naturalization, or only by Article 5 Clause (c) (which
is citizenship at commencement for a domicile in India and who has ordinarily been a
resident of India for not less than 5 years immediately preceding the commencement of the
Constitution).

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  Preamble:

The ‘Preamble’ of the Constitution of India is a brief introductory statement that sets out the
guiding purpose and principles of the document, and it indicates the source from which the
document which derives its authority, meaning, the people. It was adopted on 26 November
1949 by the Constituent Assembly of India and came into effect on 26th January 1950.

As a part of the Indian Polity of IAS Exam, it makes an important section. Hence, this article
will talk about Preamble to the Constitution and provide you with the preamble of the Indian
constitution notes PDF. You can also read about the Objective Resolution which is, in the
modified version, reflected in the Preamble of India.
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Preamble of India – Objective Resolution:

In 1946, Objective Resolution was moved by Jawaharlal Nehru, describing the constitutional
structure. In 1947 (22nd January) it was adopted. It shaped the Constitution of India and its
modified version is reflected in the Preamble of the Indian Constitution. The basic tenets that
the objective resolution highlighted were:

 Constituent Assembly’s resolve to see India as independent, sovereign and republic

 To draw a Constitution for India
 To make all territories of pre-independent India into united states of post-independent
India
 To realize residual powers, autonomy on such states as the Constitution of India
reflects
 To realize a union with a power which will be different from those given to such
states
 The people of India to play the source of power and authority of the sovereignty, and
independence
 To provide justice, social, economic and political equality of status of opportunity
and, freedom of thought,
 expression, belief, faith, worship, vocation, association and action, subject to law and
public
 morality before the law
 To provide adequate safeguards to the minorities, tribal and backward areas and other
depressed and backward classes
 To maintain the integrity of the Indian Republic’s territory and its territorial rights on
land, sea, and air according to the justice and law of the civilized

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  Interesting Facts about Preamble of Indian Constitution:
It was enacted after the enactment of the entire Constitution of India

The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd
Constitutional Amendment Act of 1976.

The Preamble secures to all citizens of India liberty of belief, faith and worship

Ideal of justice (social, economic and political) in the Preamble are borrowed from the Soviet
Union (Russia) Constitution

Republic and the ideals of liberty, equality and fraternity are borrowed from the French
Constitution

Preamble, in itself, has been first introduced through the American Constitution.

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  Fundamental right of Indian constitution:

 Fundamental rights are basic rights provided by constitution:

 These rights are essential for development of personality of every individual. They are also
needed to preserve human dignity.

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There are six fundamental rights:
1) Right to equality.
2) Right to freedom.
3) Right against exploit
4) Right to freedom of Religion
5) Right to freedom of religion.
6) Cultural and educational right.
7) Right to constitutional remedies.

1) Right to equality:
 Right to equality is given in articles 14 to 18 of Indian constitution.
 It includes:
a) Article 14: Equality before law.
b) Article 15: Prohibition of discrimination or ground of religion race, task, gender
and place of birth.
c) Article 16: Equality of opportunity the matter of public employment.
d) Article 17: Abolition untouchability.
e) Article 18: this article aims to abolition titles such as Ray Bahadur, Maharaja,
Jamindar all such communities using titles and not giving equal status for all

2) Right to freedom:
 Right to freedom is given in article 19 to 22 of Indian constitution.
a) Article 19: Protection certain right regarding freedom of speech.
b) Article 20: Protection against offence.
c) Article 21: Protection of life and personal liberty.
Article 21(A): Right to education.
d) Article 22: Protection against arrest and detention in certain cases.

3) Right to expolitation:
 Right to freedom is given in Article 22 and Right against exploitation is given in Article 23
and 24 of Indian constitution.
a) Article 23:Cohibition of traffic in human being and force labour.
b) Article 24: Article 24 of employment of children in working space.

4) Right to freedom of Religion:

 Right to freedom of Religion is given in Article 25 and Article 28 of Indian constitution.
a) Article 25: Freedom of conscious and free profession, practices and propagation of
Religion.
b) Article 26: Freedom to manages religious affairs.
c) Article 27: Freedom as to the payment of taxes for promotion of any particular
religion.
d) Article 28: Freedom as to attempt at religious instruction and religious workship in
certain educational institute

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5) Cultural and educational right:
 It is given in Article 29 and 30 of Indian constitution.
a) Article 29: Protection of interest of minorities.
b) Article 30: Rights of minorities to establish and administrate educational institute.

6) Right to constitutional remedies:

 It gives citizen the right to approach to supreme court to high court to implant the
fundamental rights.
 The court can issues orders to the government to implant the rights.
 The rights to constitutions remedies given in Article 32 to 35.

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  DIRECTIVES:
The directive principles ensure that the Stateshall strive to promote the welfare of the
people by securing a social order in which social, economic and political justice is
animated/informed in all institutions of life as per Article 38 (1). Dr.Ambedkar clarified as
given below in the Constituent Assembly debates on Article 38 highlighting its inevitable
implementation.

The word 'strive' which occurs in the Draft Constitution, in judgement, is very important. We
have used it because our intention is even when there are circumstances which prevent the
Government, or which stand in the way of the Government giving effect to these Directive
Principles, they shall, even under hard and unpropitious circumstances, always strive in the
fulfilment of these Directives. That is why we have used the word 'strive'. Otherwise, it
would be open for any Government to say that the circumstances are so bad, that the finances
are so inadequate that we cannot even make an effort in the direction in which the
Constitution asks us to go.

Also, the State shall strive to minimise the inequalities in income and endeavour to
eliminate economic inequality as well as inequalities in status and opportunities, not only
among individuals but also among groups of people residing in different areas or engaged in
different vocations per Article 38 (2). The State shall aim for securing the right to an
adequate means of livelihood for all citizens, both men and women as well as equal pay for
equal work for both men and women.

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The State should work to prevent the concentration of wealth and means of production in a
few hands, and try to ensure that ownership and control of the material resources is
distributed to best serve the common good. Child abuse and exploitation of workers should
be prevented. Children should be allowed to develop in a healthy manner and should be
protected against exploitation and against moral and material abandonment per Article 39.
The State shall provide free legal aid to ensure that equal opportunities for securing justice is
ensured to all, and is not denied by reason of economic or other disabilities per Article 39A.
The State shall also work for the organisation of village panchayats and help enable them to
function as units of self-government per Article 40. The State shall endeavour to provide
the right to work, to education and to public assistance in cases of unemployment, old age,
sickness and disablement, within the limits of economic capacity per Article 41 as well as
provide for just and humane conditions of work and maternity relief per Article 42.
The State should also ensure a living wage and proper working conditions for workers, with
full enjoyment of leisure and social and cultural activities. Also, the promotion of cottage
industries in rural areas is one of the obligations of the State per Article 43 The State shall
take steps to promote their participation in the management of industrial undertakings
per Article 43A
Also, the State shall endeavour to secure a uniform civil code for all citizens per Article
44 and provide early childhood care and education for all children until they complete the age
of six years per Article 45. This directive regarding education of children was updated by
the 86th Amendment Act, 2002. It should work for the economic and educational upliftment
of scheduled castes, scheduled tribes and other weaker sections of the society per Article 46.

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The directive principles commit the State to raise the level of nutrition and the standard of
living and to improve public health, particularly by prohibiting intoxicating drinks and drugs
injurious to health except for medicinal purposes per Article 47. It should also organise
agriculture and animal husbandry on modern and scientific lines by improving breeds and
prohibiting the slaughter of cows, calves, other milch and draught cattle per Article 48. It
should protect and improve the environment and safeguard the forests and wildlife of the
country per Article 48A. This directive, regarding the protection of forests and wildlife, was
added by the 42nd Amendment Act, 1976.

Protection of monuments, places and objects of historic and artistic interest and national
importance against destruction and damage per Article 49 and separation of judiciary from
the executive in public services per Article 50 are also the obligations of the State as laid
down in the directive principles.

Finally Article 51 ensure that the State shall strive for the promotion and maintenance of
international peace and security, just and honourable relations between nations, respect for
international law and treaty obligations, as well as settlement of international disputes by
arbitration.

The judiciary is not part of the state as defined in Article 36 to claim non-applicability of
DPSP (Part IV of the constitution) under Article 37 wherever applicable to it.

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  Principle of state policies:
The state shall direct its policy manner as and women to secure in such the right of all to an
adequatemen means of livelihood equal pay for equal work and within limits of its economic
developsient to capacity found develop make effective provision Tight to work, education
and to public assistance in the event of geunemployment the old sickness and disablement of
other cases undeserved want.Principle of state policies long term 470 meant for the welfare of
the people and not for immediate geins.They promote social, economic and political Justice...
They are welfare act directed towards the establishment of aThey lay down development the
principles which framing in fra should guide laws and policies.
The History of Ireland, particularly the Irish Home Rule Movement; hence, the Directive
Principles of the Indian constitution have been greatly influenced by the Directive Principles
of Social Policy. The idea of such policies "can be traced to the Declaration of the Rights of
Man and of the Citizen proclaimed by Revolutionary France and the Declaration of
Independence by the American Colonies. The Indian constitution was also influenced by the
United Nations Universal Declaration of Human Rights.

Indians, who were seeking independence from British rule and their own government, were
particularly influenced by the independence of Ireland from British rule and the development
of the Irish constitution. Also, the Directive Principles of State Policy in the Irish Constitution
were looked upon by the people of India as an inspiration for the independent Indian
Government to comprehensively tackle complex social and economic challenges across a
vast, diverse nation and population.

In 1928, the Nehru Commission composing of representatives of all Indian political parties,
proposed constitutional reforms for India that apart from calling for dominion status for India
and elections under universal suffrage, would guarantee rights deemed fundamental,
representation for religious and ethnic minorities, and limit the powers of the government. In
1931, the Indian National Congress (the largest Indian political party of the time) adopted
resolutions committing itself to the defence of fundamental civil rights, as well as socio-
economic rights such as the minimum wage and the abolition of untouchability and serfdom,
committing themselves to socialism.

When India obtained Independence on 15 August 1947, the task of developing a constitution
for the nation was undertaken by the Constituent Assembly of India, composing of elected
representatives under the presidency of Dr. Rajendra Prasad. While members of Congress
composed of a large majority, Congress leaders appointed persons from diverse political
backgrounds to responsibilities of developing the constitution and national .

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  Characteristics:
While debating on DPSP in the Constituent Assembly, Dr. Ambedkar stated on 19 November
1948 as given below high lighting that the DPSP shall be the basis of future governance of
the country.
It is the intention of this Assembly that in future both the legislature and the executive should
not merely pay lip service to these principles enacted in this part, but that they should be
made the basis of all executive and legislative action that may be taken hereafter in the matter
of the governance of the country.
Directive Principles of State Policy aim to create social and economic conditions under which
the citizens can lead a good life. They also aim to establish social and economic democracy
through a welfare state. Though the Directive Principles are non-justiciable rights of the
people but fundamental in the governance of the country, it shall be the duty of the State to
apply these principles in making laws per Article 37. Besides, all executive agencies of union
and states should also be guided by these principles. Even the judiciary has to keep them in
mind in deciding cases.
An existing policy in line with DPSP can not be reversed, however it can be expanded
further in line with DPSP. The policy changes applicable under DPSP shall not be reversible
unless the applicable DPSP is deleted by constitutional amendment (ex. prohibition
implemented once in a state can not be repealed later as long as it is part of DPSP).

 Directives:

The directive principles ensure that the State shall strive to promote the welfare of the people
by securing a social order in which social, economic and political justice is
animated/informed in all institutions of life as per Article 38 (1). Dr. Ambedkar clarified as
given below in the Constituent Assembly debates on Article 38 highlighting its inevitable
implementation.
The word 'strive' which occurs The word 'strive' which occurs in the Draft Constitution, in
judgement, is very important. We have used it because our intention is even when there are
circumstances which prevent the Government, or which stand in the way of the Government
giving effect to these Directive Principles, they shall, even under hard and unpropitious
circumstances, always strive in the fulfilment of these Directives. That is why we have used
the word 'strive'. Otherwise, it would be open for any Government to say that the
circumstances are so bad, that the finances are so inadequate that we cannot even make an
effort in the direction in which the Constitution asks us to go.
Also, the State shall strive to minimise the inequalities in income and endeavour to eliminate
economic inequality as well as inequalities in status and opportunities, not only among
individuals but also among groups of just and humane conditions of work and maternity relief
per Article 42.

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The State should also ensure a living wage and proper working conditions for workers, with
full enjoyment of leisure and social and cultural activities. Also, the promotion of cottage
industries in rural areas is one of the obligations of the State per Article 43 The State shall
take steps to promote their participation in the management of industrial undertakings per
Article 43A
Also, the State shall endeavour to secure a uniform civil code for all citizens per Article 44
and provide early childhood care and education for all children until they complete the age of
six years per Article 45. This directive regarding education of children was updated by the
86th Amendment Act, 2002. It should work for the economic and educational upliftment of
scheduled castes, scheduled tribes and other weaker sections of the society per Article 46
The directive principles commit the State to raise the level of nutrition and the standard of
living and to improve public health, particularly by prohibiting intoxicating drinks and drugs
injurious to health except for medicinal.

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 References:

Indian constitution reference books,

Google,

www.indianconstitution.com ,

and other websides.

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