Constitution of India

A constitution is concerned with 2 main aspects:-

a) The relation between the different levels of government

and
b) Between the government and the citizens.
 The Framing of Constitution of India.

• Dr. Sachchidananda Sinha was the first president (temporary) of the

Constituent Assembly when it met on December 9, 1946.
• Later, Dr. Rajendra Prasad became the President of the Constituent
Assembly and Dr. Bhimrao Ambedkar became the Chairman of its
drafting committee on December 11,1946 .

First president (temporary) Dr. Sachchidananda Sinha (Left) on December 9, 1946. Dr. Rajendra Prasad (Middle) the President of the
Constituent Assembly and Dr. Bhimrao Ambedkar (Right) the Chairman of its drafting committee as on December 11,1946 .
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 The Framing of Constitution of India.
The Constituent Assembly consisted of 385 members, of which 292 were
elected by the elected members of the Provincial Legislative Assemblies while
93 members were nominated by the Princely States. To these were to be added
a representative each from the four Chief Commissioners Provinces of Delhi,
Ajmer- Marwar, Coorg and British Baluchistan.

First day (December 9, 1946) of the Constituent Assembly. From right: B. G. Kher and Sardar Vallabhai Patel;
K. M. Munshi is seated behind Patel.
 Drafting Committee

Setup in 29 aug, 1947

Task of preparing draft of new constitution.
Members:
• Chairman: Dr B R Ambedkar
• N Gopalaswamy Ayyangar
• Krishnaswamy Ayyar
• Dr K M Munshi
• Syed Mohammad Saadullah
• N Madhava Rau
• T T Krishnamachari
Dr. Babasaheb Ambedkar Chairman, Drafting
Committee of the Indian Constitution with other
members on Aug. 29, 1947.
Borrowed features of constitution of India
1.From U.K. - Nominal Head – President, Cabinet System of
Ministers, Post of PM, Parliamentary Type of Govt., Bicameral
Parliament, Lower House more powerful, Council of Ministers
responsible to Lower House, Provision of Speaker in Lok
Sabha.
2.From U.S.A- Written constitution, Appointment of Vice
President, Fundamental Rights, Supreme court, Head of the
state known as President, Provision of states, Judicial review
3.From Australia- Concurrent List, Centre-State relationship,
Language of the Preamble
4.From USSR- Fundamental Duties, Five year plan
5.From Germany- Emergency provisions
6.From Japan- Law on which the Supreme Court functions
7.From Canada- Federal System and Residuary powers
8.From South Africa- Procedure of constitutional amendment
9.From Ireland- Concept of Directive Principles of state policy.
Dr. Babasaheb Ambedkar, chairman of the Drafting Committee,
presenting the final draft of the Indian Constitution to Dr. Rajendra
Prasad on 25 November, 1949.
• The Constitution was enacted by the
Constituent Assembly on 26 November
1949, and came into effect on 26 January
1950.

• The date 26 January was chosen to

commemorate the Purna Swaraj
declaration of independence of 1930.

• With its adoption, the Union of India officially

became the modern and contemporary
Republic of India and it replaced the
Government of India Act 1935 as the
country's fundamental governing document.
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into
a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity
of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,

do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
Role of Constitution in relationship between Government and its people:-

CONSTITUTION

GOVERNMENT THE PEOPLE

LEGISLATIVE Makes Laws

JUDICIARY Interprets Laws

EXECUTIVE Enforces Laws

Fig.- Role of Constitution in relationship between Government and its people
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 Constitution of India and Government:- The Indian government is divided
Into three distinct but interrelated branches: Legislative, Executive and
Judiciary – have to function within their own spheres demarcated under the
Constitution. In other words, the doctrine of Separation of Powers has been
implicitly recognized by the Indian Constitution.

Government of

Legislativ Judiciary Executive

The Parliament of India =the President The Supreme Court of India consists The President of India, Vice President,
of India + the two Houses of a Chief Justice and 30 associate Cabinet, executive departments and
Lok Sabha (House of the People) and agencies.
Rajya Sabha (Council of States).

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Parts of the Constitution
Part I – Union and its Territory
Part II – Citizenship.
Part III – Fundamental Rights
Part IV – Directive Principles of State Policy
Part IVA – Fundamental Duties
Part V – The Union
Part VI – The States
Part VII – States in the B part of the First
schedule (repealed)
Part VIII – The Union Territories
Part IX – The Panchayats
Part IXA – The Municipalities
Part IXB – The Co-operative Societies.
Part X – The scheduled and Tribal Areas
Part XI – Relations between the Union and the States
Part XII – Finance, Property, Contracts and Suits
Part XIII – Trade and Commerce within the territory of
India
Part XIV – Services Under the Union, the States
Part XIVA – Tribunals
Part XV – Elections
Part XVI – Special Provisions Relating to certain Classes
Part XVII – Languages
Part XVIII – Emergency Provisions
Part XIX – Miscellaneous
Part XX – Amendment of the Constitution
Part XXI – Temporary, Transitional and Special Provisions
Part XXII – Short title, date of commencement,
Authoritative text in Hindi and Repeals.
The Twelve Schedules
1. First Schedule: Territorial Demarcations of States and
Union territories.
2. Second Schedule: Provisions for the President, Governor
and Senior Executives.
3. Third Schedule: Affirmations and Oaths.
4. Fourth Schedule: Allocation of Seats in the Rajya Sabha.
5. Fifth Schedule: Administration and Control of Scheduled
Areas.
6. Sixth Schedule: Administration of Tribal areas of North-
East.
7. Seventh Schedule: Union, State and Concurrent Lists.
8. Eighth Schedule: Languages (22).
9. Ninth Schedule: Laws immune to Judicial Review.
10. Tenth Schedule: Disqualification on grounds of Defection.
11. Eleventh Schedule: Provisions for Panchayats.
12. Twelfth Schedule: Provisions for Municipalities.
 Fundamental Rights

Fundamental Rights are different from other rights available to us. While ordinary
legal rights are protected and enforced by ordinary law, Fundamental Rights
are protected and guaranteed by the constitution of the country.

(a) Right to Equality

(b) Right to Freedom

(c) Right to Freedom of Religion

(d) Right against Exploitation

(e) Cultural & Educational Rights

(f) Right to Constitutional Remedies

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Right to Equality:

• Article 14: Equality before Law

• Article 15: Prohibition of discrimination on
grounds of religion, race, caste, gender or
place of birth
• Article 16: Equality of opportunity in
matters of public employment
• Article 17: Abolition of untouchability
• Article 18: Abolition of titles
Right to Freedom:

• Article 20: Protection in respect of

conviction for offenses
• Article 21: Protection of life and personal
liberty
• Article 21A: Right to compulsory
education for children up to the age of 14
years
• Article 22: Protection against arrest and
detention in certain cases
Right to Freedom:

Article 19: Protection of certain rights

(1) All citizens shall have the right—
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of
India;
(g) to practise any profession, or to carry on any
occupation, trade or business.
Right against Exploitation:

• Article 23: Prohibition of traffic in

human beings and forced labor

• Article 24: Prohibition of employment

of children in factories, etc.
Right to Freedom of Religion:

• Article 25:Particulars of freedom of conscience

and free profession, practice and propagation of
religion
• Article 26: Freedom to manage religious affairs
• Article 27:Freedom as to payment of taxes for
promotion of any particular religion
• Article 28: Freedom, not to attendance at
religious instruction or religious worship in
certain education institutions
Cultural and Educational rights:

• Article 29:Protection of interests of minorities

• Article 30:Right of minorities to establish and
administer educational institutions
• Article 31:The Article dealing with Compulsory
acquisition of property has been repealed
through the Constitution Act, 1978 under 44th
Amendment

Right to Constitutional Remedies:

• Article 32:Remedies for enforcement of rights

conferred
PART IV
Article (36 to 51)
Directive Principles of State Policy
These are Directives to the Union and state governments to
make laws for a more healthy, law abiding and idealistic
society. These were inspired by the Irish Constitution. They
promote general welfare of people but cannot be enforced by
the means of Writs in the Courts of law.

The directives are,

38. State to secure a social order for the promotion of welfare
of the people.
39. Certain principles of policy to be followed by the State
are,
a) that the citizens, men and women equally, have the right to
an adequate means of livelihood;
d) that there is equal pay for equal work for both
men and women;
e) that the health and strength of workers, men and
women, and the tender age of children are not
abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or
strength
f) That children are given opportunities and facilities
to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth
are protected against exploitation and against moral
and material abandonment.

Equal justice and free legal aid to be provided by

state (39A) .
(Articles 40 – 51)
• Organization of village Panchayats as units of self-government.
• Right to work, to education and to public assistance in certain
cases.
• Provision for just and humane conditions of work and maternity
relief.
• Living wage for workers and 43A. Participation of workers in
management of industries.
• Uniform Civil Code for the citizens.
• Provision for early childhood care and education to children below
the age of six years.
• Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections.
• Raise the level of nutrition and the standard of living and to improve
public health.
• Organization of agriculture and animal husbandry.
• Protection of monuments and places and objects of national
importance.
• Separation of Judiciary from Executive.
• Promotion of International peace and security
Fundamental Duties (Part IV Article 51A )-.These are considered
as the duties that must be and should be performed by every citizen
of India. These fundamental duties are defined as:

It shall be the duty of every citizens of India: -

a. To abide by the Constitution.

b. To uphold & protect the sovereignty, unity and integrity of India.
c. To Cherish & follow the noble ideas which inspired our national
struggle for freedom
d. To defend the country & render national service when called upon
to do so.
e. To promote harmony & the spirit of common brotherhood.
f. To value & preserve the rich heritage of our composite culture.
g. To protect & improve the national environment.
h. To develop the scientific temper, humanism and the spirit of
inquiry and reform.
i. To safeguard public property & to abjure violence.
j. To strive towards excellence in all spheres of individual &
collective activity, so that the nations constantly rises to higher
levels of endeavor & achievement.
k. Duty of the parent/guardian to provide education to their ward
Picture shows the pages from the
Constitution of India, at the
PARLIAMENT MUSEUM,
Parliament Library Building, New
Delhi.

PARLIAMENT
MUSEUM : A high-tech
story-telling Museum
depicting the continuum
of the democratic
heritage in India has
been dedicated to the
Nation by
Dr. A P J Abdul Kalam,
President of India on
14th August 2006.

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