CONSTITUTION OF

INDIA
What is Polity (राजव्यवस्था)

राज्य व्यवस्था
What is System (व्यवस्था)
S e t o f Elements t h a t a r e
interconnected
 What is State (राज्य)

Combination
of four
Elements
 Fundamentals
W h a t is S t a t e (राज्य)

1. Population
2. Territory
3. Government
4. Sovereignty
 What is Constitution

A constitution is a set of rules

that guides h o w a country,
state, or other political
organization w o r k s .
1. A constitution is a body of fundamental
principles according to which a state is
constituted or governed.
2. Constitution is fundamental law of land which
fulfills aspirations and goals of a society.
3. It is an overarching (अति महत्वपूर्)ण framework
within which one pursues individual
aspirations, goals and freedoms.
4. It defines the fundamental values that we
may not trespass (उल्लंघन).
Constitution is living document
which grows and evolves
according to needs and aspirations
of changing society through
instruments such as –
▪ Amendments to constitution
▪ Judicial interpretations and
judgements.
▪ Conventions
▪ Statutes
▪ It gives us political framework and
distributes decision making
powers.
▪ Constitution exhibits our conflicts,
aspirations, ideals and national
struggle.
▪ Constitution also gives one a
moral identity.
▪ It creates, reflects and accords
an Indian identity to individuals.
Constitutionalism
▪ To enable the government to fulfil the
aspirations of a society and create
conditions for a just society.
▪ To specify who has the power to make
decisions in a society. It decides how the
government will be constituted.
▪ Constitution is to provide a set of basic
rules that allow for minimal coordination
amongst members of a society.
▪ To set some limits on what a
government can impose on its citizens.
Political philosophy based on the idea that
government authority is derived from the people
and should be limited by a constitution.
▪ Origin- Magna Carta (1215) of King John of
England and English Bill of Rights.
▪ Western idea of constitutionalism is negative in
orientation as it seeks to restrict, disempower and
limit the state.
▪ Components -
- Rule of law - Developed by British A. V. Dicey
- Separation of power
- Free press and media
- Independent judiciary
- Elected government (temporariness of
government)
Preamble And Salient
Features
Of The Indian Constitution
The Preamble to the Constitution of
India is a brief introductory statement
which reflects the hopes and aspirations
of the people. The preamble can be
referred to as the preface which
highlights the entire Constitution.
❖ The ideals behind the Preamble to India’s
Constitution were laid down by Jawaharlal
Nehru’s Objectives Resolution (introduced in
13th December,1946), adopted by the
Constituent Assembly on January 22, 1947.

❖ Although not enforceable in court, the Preamble

states the objectives of the Constitution, and acts
as an aid during the interpretation of Articles
when language is found ambiguous.
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;
THE PREAMBLE

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.
❖ The Preamble indicates that the source of
authority of the Constitution lies with the
people of India.
❖ It declares India to be a socialist, secular,
secular, democratic and a republic nation.
❖ It states its objectives to secure justice, liberty,
equality to all citizens and promote fraternity
to maintain unity and integrity of the nation.
❖ It mentions the date (November 26, 1949) on
which the constitution was adopted.
The 42nd Amendment(1976) to the
Constitution – amended the Preamble and
changed the following:
❖Description of India from "sovereign
democratic republic" to a "sovereign,
socialist secular democratic republic",
❖Changed the words "unity of the nation" to
"unity and integrity of the nation"
KEY WORDS IN THE PREAMBLE

❖Sovereign – The Preamble proclaims that India is a Sovereign

State. 'Sovereign' means that India has its own independent
authority and it is not a dominion or dependent state of any other
external power. The Legislature of India has the powers to enact
laws in the country subject to certain limitations imposed by the
Constitution.
KEY WORDS IN THE PREAMBLE

❖Socialist – India has adopted 'Democratic Socialism' which means

achievement of socialist ends through democratic means. It holds
faith in a mixed economy where both private and public sectors co-
exist side by side. The term “Socialist” was added to the Preamble
by the 42nd Constitutional Amendment in 1976. Socialism means
the achievement of socialist ends through democratic means.
KEY WORDS IN THE PREAMBLE

❖Secular – The term secular in the Constitution of India means that

all the religions in India get equal respect, protection and support
from the state. Indian concept of Secularism is positive secularism
as compared to negative secularism in the West (State is strictly
divorced from religion). The word 'Secular' was incorporated in the
Preamble by the 42nd Constitutional Amendment in 1976.
KEY WORDS IN THE PREAMBLE

❖Democratic - The term Democratic indicates that the

Constitution has established a form of government that gets its
authority from the will of the people expressed in an election.
That means the supreme power lies with the people.
KEY WORDS IN THE PREAMBLE

❖Republic - The head of the state is elected by the people directly

or indirectly. In India, the President is the head of the state. The
President of India is elected indirectly by the people. Moreover,
in a republic, political sovereignty is vested in the people rather
than a monarch.
❖ Justice – The term Justice in the Preamble embraces three
distinct forms: Social, economic and political.
❖ Social justice in the Preamble means that the Constitution
wants to create a more equitable society based on equal
social status.
❖ Economic justice means equitable distribution of wealth
among the individual members of the society so that wealth
is not concentrated in a few hands.
❖ Political Justice means that all citizens have equal rights in
political participation. Indian Constitution provides for
universal adult suffrage and equal value for each vote.
❖ Liberty – The term liberty means an absence of restraints on the
activities of individuals and at the same time, providing
opportunities for the development of individual personalities.
❖ The Constitution secures to all citizens liberty of thought,
expression, belief, faith and worship through Fundamental Rights,
which are enforceable in Court of Law.
❖ Reasonable restrictions are placed on liberty by the Constitution
itself.
❖ The ideals of liberty, equality and fraternity are taken from the
French Revolution.
❖ Equality – The term ‘equality’ means absence of special
privileges to any section of the society and the provision
of adequate opportunities for all individuals without
any discrimination.
❖ The Preamble secures to all citizens equality of status
and opportunity. This provision embraces
❖ Three dimensions of equality – civic, political and
economic.
❖ Fraternity – Fraternity means a sense of brotherhood.
The Preamble seeks to promote fraternity among the
people assuring the dignity of the individual and the
unity and integrity of the nation.
❖ According the Preamble, fraternity assures two things –
the dignity of the individual and the integrity of the
nation. The word ‘integrity’ was added by the 42nd
Amendment Act, 1976.
❖ Importance of Objectives: It provides a way of life. It
includes fraternity, liberty, and equality as the notion of a
happy life and which cannot be taken from each other.
❖ Liberty cannot be divorced from equality; equality cannot
be divorced from liberty; nor can liberty and equality be
divorced from fraternity.
❖ Without equality, liberty would produce the supremacy
of the few over the many.
❖ Equality without liberty would kill individual initiative.
❖ Without fraternity, liberty would produce the
supremacy of the few over the many.
❖ Without fraternity, liberty and equality could not
become a natural course of things.
SOURCES OF THE INDIAN CONSTITUTION
Our constitution has features taken from the
Government of India Act, 1935. Those features are:
❖ Federal Scheme
❖ Office of governor
❖ Judiciary
❖ Public Service Commissions
❖ Emergency provisions
❖ Administrative details
Other borrowed provisions from different
countries and details of those are given in the table below –

S. No Countries Borrowed Features of Indian Constitution

• Concurrent list
1. Australia • Freedom of trade and commerce
• Joint-sitting of the two Houses of Parliament
• Federation with a strong Centre
• Vesting of residuary powers in the Centre
2. Canada
• Appointment of state governors by the Centre
• Advisory jurisdiction of the Supreme Court
• Directive Principles of State Policy
3. Ireland • Nomination of members to Rajya Sabha
• Method of election of the president

4. Japan • Procedure Established by law

Other borrowed provisions from different
countries and details of those are given in the table below –

5. Soviet Union (USSR) • Fundamental duties

• Ideal of justice (social, economic and political) in the
Preamble

6. UK • Parliamentary government
• Rule of Law
• Legislative procedure
• Single Citizenship
• Cabinet system
• Prerogative writs
• Parliamentary privileges
• Bicameralism
Other borrowed provisions from different
countries and details of those are given in the table below –

7. US • Fundamental rights
• Independence of judiciary
• Judicial review
• Impeachment of the president
• Removal of Supreme Court and High Court
judges
• Post of vice-president
8. Germany (Weimar) • Suspension of Fundamental Rights during
emergency
9. South Africa • Procedure for amendment in the Indian
Constitution
• Election of members of Rajya Sabha
10. France • Republic
• Ideals of liberty, equality and fraternity in
the Preamble
Interpretation by the Supreme Court
1. Berubari Union case, 1960 - The
Supreme Court said that the Preamble
shows the general purposes behind the
several provisions in the Constitution
and is thus a key to the minds of the
makers of the Constitution.
❖ Despite this recognition of the
significance of the Preamble, the
Supreme Court held that the Preamble is
not a part of the Constitution.
 Interpretation by the Supreme Court
❖ Kesavananda Bharati case, 1973 - Supreme
Court rejected the earlier opinion (in the
Berubari Case) and held that the Preamble
is a part of the Constitution. It observed
that the Preamble is of extreme
importance and the Constitution should be
read and interpreted in the light of the
grand and noble vision expressed in the
Preamble.
Important Features of Indian Constitution

❖ Lengthiest Constitution in the World

❖ Indian constitution is the lengthiest
with 448 articles and 12 Schedules.
❖ Framed From Different Sources
Important Features of Indian Constitution

❖ Federal System with Unitary Features

❖ The Indian Constitution includes all the federal
characteristics of governance such as
❖ dual government system (center and state),
❖ division of powers between the three state
organs (executive, judiciary and legislature),
❖ constitutional supremacy,
❖ independent judiciary
❖ bicameralism (lower and upper house)
Important Features of Indian Constitution

❖ Indian Constitution is unique in that it includes

many unitary features such as a
❖ strong Centre,
❖ all India services common to the center and the
states,
❖ emergency provisions,
❖ Appointment of governors by the president.
 Important Features of Indian Constitution
❖ Independent as Well As Integrated Judicial System
❖ Parliamentary Form of Government
❖ The key characteristics of the parliamentary form of
government are:
❖ Executive are members of the legislature
❖ Collective responsibility of the Council of Ministers to the
legislature
❖ Rule of the majority party
❖ Prime Minister's or chief minister's leadership in the state
❖ Lower house dissolution (Lok Sabha and state assemblies)
❖ Government form of the Cabinet
Important Features of Indian Constitution

❖ Balance between the Sovereignty of

Parliament and Judicial Supremacy
❖ The Supreme Court trough Articles 13, 32 and
136, is vested with the power of judicial review
❖ Parliament, being the representative of the
people's will, has the authority to make laws,
and it can also amend the major part of the
Constitution.
Important Features of Indian Constitution

❖ Flexible As Well As Rigid

❖ Some provisions may be amended only by a
special parliamentary majority, i.e. a 2/3rd
majority of the members of each House present
and vote and majority (i.e. more than 50 %) of
each House's total membership
 Important Features of Indian Constitution
❖ Some other provisions can be amended by a special
parliamentary majority and with half of the total states
ratifying them.
❖ Thus, ensuring that with the widest possible majority, the
Constitution is amended.
❖ At the same time, in the manner of the ordinary
legislative process, certain provisions of the Constitution
can be amended by a simple majority of Parliament. Such
amendments are not within the scope of Article 368.