Module 1

INTRODUCTION TO INDIAN CONSTITUTION

The Indian Constitution is the supreme law of India, serving as the fundamental framework for
the governance and functioning of the country. It was adopted on January 26, 1950, replacing the
Government of India Act (1935), which had previously been the basis of governance during
British colonial rule. The Constitution outlines the structure of the Indian government, delineates
the rights and responsibilities of citizens, and establishes the principles that guide the nation's
institutions.
Key Features of the Indian Constitution:
1. Preamble: The Preamble of the Indian Constitution highlights the core values and
objectives of the nation, including justice, liberty, equality, fraternity, and the promotion
of the welfare of the people.
2. Federal Structure: The Indian Constitution establishes a federal system of government,
with a division of powers between the central government and the states. However, India
is often described as having a "quasi-federal" structure due to the significant powers
wielded by the central government.
3. Parliamentary Democracy: India follows a parliamentary form of democracy, where the
President is the head of state and the Prime Minister is the head of government. The real
executive power is vested in the Council of Ministers led by the Prime Minister.
4. Separation of Powers: The Constitution separates the powers of the government into
three branches: The Executive, the Legislature, and the Judiciary. This separation is
aimed at preventing the concentration of power in any single branch.
5. Fundamental Rights: The Constitution guarantees fundamental rights to all citizens,
ensuring individual liberties such as the right to equality, freedom of speech and
expression, freedom of religion, and more. These rights are enforceable by the courts.
6. Directive Principles of State Policy: These principles guide the government in
formulating policies that promote social and economic justice, equitable distribution of
resources, and the overall welfare of the people. While not legally enforceable, they serve
as a moral and ethical compass for governance.
 7. Uniform Civil Code: The Constitution directs the state to endeavor to secure a Uniform
Civil Code for citizens, aiming to bring about a common set of laws governing personal
matters like marriage, divorce, and inheritance, regardless of religious affiliations.
8. Emergency Provisions: The Constitution empowers the central government to declare
three types of emergencies—national, state, and financial—under certain circumstances,
leading to the temporary suspension of some rights and an increase in central authority.
9. Amendment Procedure: The Constitution can be amended, but the process is designed
to be rigorous to maintain the basic structure and essence of the document. Amendments
require approval by both houses of Parliament, followed by ratification by a majority of
states.
10. Judicial Review: The Constitution grants the Judiciary the power of judicial review,
allowing courts to review the constitutionality of laws and executive actions. This ensures
that the government operates within the framework of the Constitution.
11. Citizenship: The Constitution defines the rights and obligations of Indian citizens and
provides guidelines for acquiring and losing citizenship.
12. Scheduled Castes and Tribes: Special provisions are made in the Constitution for the
protection and upliftment of historically marginalized communities, known as Scheduled
Castes and Scheduled Tribes.
The Indian Constitution reflects the diverse cultural, social, and political landscape of the
country, and it has played a crucial role in maintaining the stability and unity of India since its
adoption. Over the years, the Constitution has been amended to address emerging challenges and
aspirations, while its fundamental principles have remained largely intact.

Constituent Assembly:
The Constituent Assembly of India was a body of elected representatives established to draft and
adopt the Constitution of India. It was convened to ensure the creation of a comprehensive and
well-structured framework for the governance of the newly independent nation. The Constituent
Assembly played a pivotal role in shaping the political, legal, and social landscape of India.
Key Points about the Constituent Assembly:
1. Formation and Composition: The Constituent Assembly was formed in 1946 under the
provisions of the Cabinet Mission Plan, which was aimed at facilitating India's transition
to independence. It consisted of 389 members initially, who were elected by the
provincial legislatures. Later, this number was increased to 299 members after the
partition of India.
 2. Leadership: Dr. Rajendra Prasad was elected as the President of the Constituent
Assembly, and B.R. Ambedkar served as the Chairman of the Drafting Committee, which
was responsible for preparing the initial draft of the Constitution.
3. Functions: The primary function of the Constituent Assembly was to draft and adopt the
Constitution of India. It also performed the functions of the legislative body for a brief
period until the first general elections could be held.
4. Debates and Discussions: The members of the Constituent Assembly engaged in
extensive debates and discussions on various aspects of the Constitution, including
fundamental rights, federalism, the structure of the government, and more. These
discussions reflected the diversity of opinions and perspectives within the assembly.
5. Drafting and Adoption of the Constitution: The Drafting Committee, led by B.R.
Ambedkar, prepared the first draft of the Constitution, which was presented for
discussion and debate. After several amendments and revisions, the final version of the
Constitution was adopted on November 26, 1949.
6. Enactment and Commencement: The Constitution of India came into effect on January
26, 1950, marking the transition of India from a dominion within the British
Commonwealth to a sovereign republic. This date is now celebrated as Republic Day in
India.
7. Influence and Legacy: The Constituent Assembly's work in drafting the Constitution
laid the foundation for India's democratic governance, emphasizing principles of justice,
liberty, equality, and fraternity. The Constitution has provided stability and continuity to
India's political system and has served as a source of inspiration for many other countries
in the world.
8. Amendments and Evolution: While the core principles of the Constitution remain
intact, it has been amended multiple times to address emerging challenges and to
accommodate changing societal needs. The Constitution's flexible and adaptable nature
has allowed it to evolve over time.
The Constituent Assembly of India represents a remarkable chapter in the country's history, as it
exemplified the collective efforts of diverse leaders and thinkers to create a just and inclusive
governance framework for a newly independent nation.

The Salient Features of Indian Constitution

The Indian Constitution is a comprehensive document that outlines the structure of the
government, defines the rights and duties of citizens, and establishes the principles that guide the
nation's institutions. Here are some of the salient features of the Indian Constitution:
1. Lengthy and Detailed: The Indian Constitution is one of the longest and most detailed
constitutions in the world. It consists of a Preamble and 470 articles (as of my knowledge
cutoff in September 2021), divided into 25 parts, and supplemented by numerous
schedules and amendments.
2. Preamble: The Preamble of the Constitution highlights the core values and objectives of
the Indian state, including justice, liberty, equality, fraternity, and the promotion of the
welfare of the people.
3. Federal System with Unitary Features: While India is a federal republic with a clear
division of powers between the central government and the states, the Constitution also
contains unitary features that grant significant authority to the central government,
especially during emergencies.
4. Parliamentary Democracy: India follows a parliamentary form of democracy where the
President is the head of state and the Prime Minister is the head of government. The real
executive power is vested in the Council of Ministers headed by the Prime Minister.
5. Fundamental Rights: The Constitution guarantees fundamental rights to all citizens,
including the right to equality, right to freedom, right against exploitation, right to
religious freedom, cultural and educational rights, and the right to constitutional
remedies. These rights are enforceable by the courts and provide protection to citizens
from arbitrary actions by the state.
6. Directive Principles of State Policy: The Directive Principles provide guidelines for the
government to promote social and economic justice, reduce inequalities, and improve the
well-being of the people. Though not directly enforceable in courts, they serve as a guide
for policy formulation.
7. Secularism: India is a secular state, and the Constitution guarantees religious freedom to
all citizens. The state does not promote or establish any particular religion and ensures
equal treatment of all religions.
8. Universal Adult Suffrage: Every citizen of India who is 18 years or older has the right
to vote, ensuring a democratic and inclusive political process.
9. Independent Judiciary: The Constitution establishes an independent judiciary with the
Supreme Court as the highest court of appeal. The judiciary has the power of judicial
review to ensure that laws and government actions comply with the Constitution.
10. Single Citizenship: Unlike some federal systems, India has a single citizenship for the
entire country. Citizens are Indian citizens first, and the rights and responsibilities are the
same across states.
 11. Emergency Provisions: The Constitution contains provisions for three types of
emergencies—national, state, and financial—which allow the central government to
temporarily assume greater powers in times of crisis.
12. Amendment Procedure: The Constitution can be amended, but the process is designed
to be rigorous to maintain its basic structure and essential features. Amendments require
approval by both houses of Parliament and ratification by a majority of states.
13. Scheduled Castes and Tribes: Special provisions are made in the Constitution for the
protection and advancement of historically marginalized communities known as
Scheduled Castes and Scheduled Tribes.
14. Local Self-Government: The Constitution provides for a three-tier system of local self-
government: Panchayats at the village, intermediate, and district levels, and
Municipalities in urban areas.
15. Equality of Opportunity: The Constitution prohibits discrimination based on caste,
religion, gender, or place of birth and promotes equality of opportunity in matters of
public employment.
16. Right to Information: While not explicitly mentioned in the original Constitution, the
Right to Information Act has been enacted to ensure transparency and accountability in
governance.
These salient features reflect the democratic, inclusive, and progressive nature of the Indian
Constitution, which aims to provide a just and equitable society for all its citizens.

Historical Background and Evolution of the Indian Constitution,

The Indian Constitution has a rich historical background and has evolved significantly over time.
It draws on the legacy of British rule in India, incorporating elements from earlier laws like the
Government of India Acts of 1919 and 1935, which introduced limited self-governance. The
struggle for independence, led by leaders like Mahatma Gandhi and Jawaharlal Nehru, played a
crucial role in shaping the vision for a free and democratic India.

In 1946, the Constituent Assembly was formed to draft the Constitution. This group of
representatives from diverse backgrounds worked diligently for nearly three years. On November
26, 1949, the Constitution was adopted, and it came into effect on January 26, 1950, marking
India as a sovereign, socialist, secular, and democratic republic.
The Indian Constitution is a living document, meaning it can be amended to adapt to changing
needs and circumstances. Over the years, more than 100 amendments have been made,
addressing various socio-political changes and ensuring that justice, equality, and rights are
upheld.

Overall, the historical background and evolution of the Indian Constitution reflect a journey from
colonial rule to a robust democratic framework, guided by the principles of justice, liberty, and
equality for all citizens.

Comparison with Other Constitutions (e.g., U.S., U.K.)

The Indian Constitution is often compared with the constitutions of other countries, such as the
U.S. and the U.K., due to its unique features and influences from these nations. Here’s a simple
and easy explanation of the key differences and similarities between the Indian Constitution and
those of the U.S. and U.K.:

Length and Structure

The Indian Constitution is the longest written constitution in the world, with detailed provisions
for governance, rights, and duties. In contrast, the U.S. Constitution is much shorter and more
concise, focusing on a basic framework and principles. The U.K. does not have a single written
constitution; instead, it relies on statutes, common law, and conventions, which makes it
unwritten and flexible.

System of Government

India follows a parliamentary system similar to the U.K., where the President is the
constitutional head of the state, and the Prime Minister, along with the council of ministers, holds
executive power. The U.K. also has a parliamentary system with a monarch as the head of state.
On the other hand, the U.S. has a presidential system, where the President is both the head of
state and the head of government, with a separation of powers between the executive, legislative,
and judicial branches.

Federalism

India and the U.S. are federal states, meaning they have a division of powers between the
central government and individual states. However, India’s federalism is more flexible, allowing
for stronger central control when necessary. In contrast, the U.K. is a unitary state, meaning all
powers are centralized, though recent devolution has given some powers to Scotland, Wales, and
Northern Ireland.

Amendments and Flexibility

The Indian Constitution is designed to be flexible, allowing amendments to adapt to new

challenges and changing circumstances. This is similar to the U.K., where laws can be changed
easily through parliamentary acts. In contrast, the U.S. Constitution is more rigid, with a
complex amendment process requiring approval by a supermajority in Congress and the states.

Fundamental Rights

India and the U.S. both have a Bill of Rights that guarantees fundamental rights to their citizens,
such as freedom of speech, equality before the law, and protection against discrimination. The
Indian Constitution also includes Directive Principles of State Policy, which guide the
government in making policies for social and economic welfare. The U.K. relies on common law
and statutory laws for protecting citizens' rights rather than a formalized bill of rights.

Judicial System

India and the U.S. both have independent judiciary systems. In India, the Supreme Court acts as
the guardian of the Constitution, similar to the U.S. Supreme Court. The U.K., however, follows
the principle of parliamentary sovereignty, meaning Parliament is the supreme legal authority,
though the courts do have the power to interpret laws.

Impact of History

The Indian Constitution is heavily influenced by the historical experiences of colonial rule and
the struggle for independence, which led to its emphasis on social justice, equality, and
secularism. The U.S. Constitution emerged from a desire for freedom from British rule and a
need for strong federal governance, whereas the U.K.’s constitutional framework evolved
gradually over centuries through historical documents like the Magna Carta and the Bill of
Rights.
In summary, the Indian Constitution is a blend of the strengths of both the U.S. and U.K.
systems, incorporating their best practices while also reflecting India’s unique historical context
and social fabric. It is detailed and adaptable, ensuring a democratic framework that balances
power between different branches of government and respects individual rights.

Amendments and Amendments Procedure of the Indian

Constitution

The Indian Constitution is designed to be a living document, which means it can be changed or
updated to adapt to new circumstances and challenges. These changes are called amendments.
Amendments are necessary to ensure that the Constitution remains relevant and effective as
society evolves and new issues arise.

Why Amendments are Needed

Amendments to the Constitution are necessary for several reasons:

1. Addressing Social and Economic Changes: Society is constantly changing, and new
issues such as technology, economy, and social justice may arise that the original
Constitution did not anticipate.
2. Correcting Errors or Omissions: Sometimes, there may be errors or gaps in the original
document that need to be corrected or filled in.
3. Enhancing Rights and Freedoms: Amendments can be made to expand or clarify the
rights and freedoms of citizens.
4. Improving Governance: Changes might be needed to improve the functioning of the
government or to make the administration more efficient.

Amendment Procedure

The procedure to amend the Indian Constitution is outlined in Article 368 and involves several
steps. The process is designed to ensure that changes are made carefully and with broad
agreement among lawmakers. Here’s a simple explanation of how the amendment process
works:
 1. Proposal of Amendment: An amendment can be proposed in either the Lok Sabha
(House of the People) or the Rajya Sabha (Council of States) by introducing a bill.
2. Types of Amendments: There are three types of amendments, each with different
procedures:
o Simple Majority: Some amendments can be made by a simple majority of the
members present and voting in both Houses of Parliament. These are usually
related to less significant issues, such as renaming states or altering the number of
seats in Parliament.
o Special Majority: Most constitutional amendments require a special majority,
meaning two-thirds of the members present and voting in each House of
Parliament, with at least half of the total membership of each House supporting
the amendment.
o Special Majority with State Ratification: Certain amendments that affect the
federal structure, like the distribution of powers between the central and state
governments, require not only a special majority in Parliament but also
ratification by at least half of the state legislatures.
3. Voting and Approval: After the proposed amendment is debated, it must be approved by
the required majority in both Houses of Parliament.
4. Presidential Assent: Once passed by Parliament, the amendment bill is sent to the
President for assent. Once the President signs the bill, it becomes an official part of the
Constitution.

Examples of Important Amendments

 First Amendment (1951): Allowed the government to impose reasonable restrictions on

free speech and introduced land reforms.
 42nd Amendment (1976): Known as the "Mini-Constitution," it made extensive
changes, including adding the words "Socialist" and "Secular" to the Preamble.
 61st Amendment (1989): Reduced the voting age from 21 to 18, allowing more young
people to participate in elections.
 73rd and 74th Amendments (1992): Strengthened local self-government by establishing
Panchayati Raj institutions and urban local bodies.
Flexibility and Rigidness

The Indian Constitution is a blend of both flexibility and rigidity. While some parts can be
amended easily, others require a complex process involving both Parliament and state
legislatures. This ensures that important changes are made with careful consideration and broad
consensus, maintaining the stability of the country's legal and political system.

Amendments to the Indian Constitution play a crucial role in keeping it up-to-date and
responsive to the needs of the nation. The amendment procedure ensures that changes are made
thoughtfully, balancing the need for flexibility with the protection of core principles. Through
this process, the Constitution remains a vital document that guides India's governance and
safeguards its democracy.

Major Constitutional Amendments and their Impact

The Indian Constitution has been amended over 100 times since it was adopted in 1950. These
amendments were made to address social, economic, and political changes and to improve
governance. Some amendments have had a significant impact on Indian society and governance.
Here are a few of the most important amendments and their effects:

1. First Amendment (1951)

Impact:

 Freedom of Speech: This amendment introduced reasonable restrictions on freedom of

speech and expression, allowing the government to limit speech that could harm public
order, security, or relations with foreign states. This was crucial for maintaining harmony
and stability in the newly independent nation.
 Land Reforms: It also protected land reform laws from being challenged in court,
enabling the government to implement land redistribution policies aimed at reducing
inequalities in land ownership and promoting social justice.
  Social Justice: The amendment ensured the state could make special provisions for the
advancement of socially and educationally backward classes, supporting affirmative
action.

2. 24th Amendment (1971)

Impact:

 Strengthening Parliament's Power: This amendment restored Parliament's authority to

amend any part of the Constitution, including Fundamental Rights. It was a response to
the Supreme Court's decision in the Golaknath case, which limited Parliament's power to
amend the Constitution.
 Balance of Power: It ensured a clearer demarcation of powers between the judiciary and
legislature, allowing Parliament to make necessary changes to the Constitution as needed,
while still protecting the basic structure of the Constitution.

3. 42nd Amendment (1976)

Impact:

 Known as the "Mini-Constitution": This amendment made significant changes to the

Constitution during the Emergency period, increasing the power of the central
government and reducing the power of the judiciary.
 Addition of Key Words: It added the words "Socialist," "Secular," and "Integrity" to the
Preamble, emphasizing the government's commitment to a secular and socialist state.
 Fundamental Duties: Introduced a list of Fundamental Duties for citizens, highlighting
responsibilities such as respecting the Constitution and the national flag, promoting
harmony, and protecting the environment.
 Impact on Judiciary: It restricted the power of the courts to review constitutional
amendments, leading to concerns about potential misuse of power by the government.

4. 44th Amendment (1978)

Impact:
  Restoration of Rights: This amendment was enacted to undo some of the changes made
by the 42nd Amendment and restore democratic rights curtailed during the Emergency. It
safeguarded civil liberties by making it more difficult for the government to declare a
national emergency.
 Protection Against Arbitrary Actions: It provided greater protection to Fundamental
Rights by ensuring that laws cannot curtail these rights without proper justification,
reinforcing citizens' rights against state overreach.
 Safeguarding Property Rights: The amendment redefined the right to property, moving
it from a Fundamental Right to a constitutional right, ensuring that property acquisition
by the state would be compensated fairly.

5. 61st Amendment (1989)

Impact:

 Lowering Voting Age: This amendment reduced the voting age from 21 to 18,
significantly increasing political participation by allowing more young people to vote.
 Youth Engagement: It empowered the youth of the country, giving them a voice in the
democratic process and encouraging their involvement in shaping the nation's future.
 Democratic Inclusivity: By broadening the voter base, the amendment enhanced
democratic inclusivity, ensuring that a larger segment of the population could participate
in elections and influence government decisions.

6. 73rd and 74th Amendments (1992)

Impact:

 Strengthening Local Governance: These amendments established the Panchayati Raj

system in rural areas and municipal bodies in urban areas, giving local governments more
power and responsibility.
 Decentralization of Power: By decentralizing power, these amendments promoted
grassroots democracy and allowed local governments to address local issues effectively,
enhancing development at the community level.
  Empowerment of Women and Marginalized Groups: The amendments reserved seats
for women, Scheduled Castes, and Scheduled Tribes in local government bodies,
promoting their representation and participation in decision-making processes.

7. 86th Amendment (2002)

Impact:

 Right to Education: This amendment made education a Fundamental Right for children
aged 6 to 14 years, ensuring free and compulsory education.
 Universal Education: It aimed to improve literacy rates and ensure that every child has
access to basic education, contributing to the overall development of society and
empowering future generations.
 Social Equity: By emphasizing education for all, the amendment sought to reduce
educational disparities and provide equal opportunities for children from diverse
backgrounds.

8. 101st Amendment (2016)

Impact:

 Goods and Services Tax (GST): This amendment introduced the GST, a unified indirect
tax system replacing multiple state and central taxes, simplifying the tax structure.
 Economic Reform: The GST aimed to create a single national market, boost economic
growth, and improve ease of doing business by streamlining tax compliance and reducing
tax cascading.
 Increased Revenue: By broadening the tax base and improving tax collection efficiency,
the GST helped increase government revenue and facilitate greater fiscal transparency.

These major constitutional amendments have played a vital role in shaping India's political,
social, and economic landscape. Each amendment addressed specific needs of the time,
reflecting the changing aspirations and challenges of Indian society. Through these amendments,
the Constitution has been able to adapt and remain relevant, ensuring that it continues to guide
the nation towards progress and development while upholding democratic values and principles.