NCERT Textbook: Basic Features of The Constitution of India | NCERT Books & Solutions for Humanities - Humanities/Arts PDF Download

 Page 1


63
Chapter 4
Basic Features of the
Constitution of India
CONTENTS
I. MEANING OF THE TERM CONSTITUTION
II. DEFINITION OF THE TERM CONSTITUTION
III. HISTORICAL PRESPECTIVE OF INDIAN CONSTITUTION
IV. SALIENT FEATURES OF THE CONSTITUTION OF INDIA
A. A Modern Constitution
B. Features of the Indian Constitution
C.  Preamble to the Constitution
D. Fundamental Rights; Directive Principles of State Policy; Fundamental 
Duties
i) Fundamental Rights
ii) Directive Principles
ii) Fundamental Duties
E. Constitutional Provision for Amendment of the Indian Constitution20
F . Special Status to the State of Jammu and Kashmir
G. Adult Suffrage
H. Single Citizenship
I. Independent Judiciary
J. Schedules to the Constitution
Page 2


63
Chapter 4
Basic Features of the
Constitution of India
CONTENTS
I. MEANING OF THE TERM CONSTITUTION
II. DEFINITION OF THE TERM CONSTITUTION
III. HISTORICAL PRESPECTIVE OF INDIAN CONSTITUTION
IV. SALIENT FEATURES OF THE CONSTITUTION OF INDIA
A. A Modern Constitution
B. Features of the Indian Constitution
C.  Preamble to the Constitution
D. Fundamental Rights; Directive Principles of State Policy; Fundamental 
Duties
i) Fundamental Rights
ii) Directive Principles
ii) Fundamental Duties
E. Constitutional Provision for Amendment of the Indian Constitution20
F . Special Status to the State of Jammu and Kashmir
G. Adult Suffrage
H. Single Citizenship
I. Independent Judiciary
J. Schedules to the Constitution
64
I. MEANING OF THE TERM CONSTITUTION
II. DEFINITION OF THE TERM CONSTITUTION
The term Constitution is derived from the Latin term "constitutio" which means 'to establish'. 
The Oxford Latin Mini Dictionary describes Constitution as a 'body of fundamental principles or 
established precedents according to which a State or other organization is acknowledged to be 
governed.'
Wade & Phillips in their book Constitution and Administrative Law, state that Constitution of a 
country seeks to establish its fundamental or basic or apex organs of government and 
administration, describes their structure, composition, powers and principal functions, defines 
the inter-relationship of these organs with one another, and regulates their relationship with the 
people, more particularly the political relationship.
The Constitution of a state lays down the duties, powers and functions of the various organs of 
government. It establishes relationship among the organs, and the State and its citizens. Hence, 
a Constitution is an agreed upon document, which 'establishes' the basis on which consenting 
people shall govern themselves.
Aristotle (384 - 322 BCE) defined Constitution 'as the way of life which the state has chosen for 
itself'. 
Understood in its modern context, the Constitution of a State may have the following distinctive 
features:
1. It is a body of rules. 
2. It may be in a written or unwritten form. 
UNIT 01: CHAPTER 4
Basic Features of the Constitution of India
Page 3


63
Chapter 4
Basic Features of the
Constitution of India
CONTENTS
I. MEANING OF THE TERM CONSTITUTION
II. DEFINITION OF THE TERM CONSTITUTION
III. HISTORICAL PRESPECTIVE OF INDIAN CONSTITUTION
IV. SALIENT FEATURES OF THE CONSTITUTION OF INDIA
A. A Modern Constitution
B. Features of the Indian Constitution
C.  Preamble to the Constitution
D. Fundamental Rights; Directive Principles of State Policy; Fundamental 
Duties
i) Fundamental Rights
ii) Directive Principles
ii) Fundamental Duties
E. Constitutional Provision for Amendment of the Indian Constitution20
F . Special Status to the State of Jammu and Kashmir
G. Adult Suffrage
H. Single Citizenship
I. Independent Judiciary
J. Schedules to the Constitution
64
I. MEANING OF THE TERM CONSTITUTION
II. DEFINITION OF THE TERM CONSTITUTION
The term Constitution is derived from the Latin term "constitutio" which means 'to establish'. 
The Oxford Latin Mini Dictionary describes Constitution as a 'body of fundamental principles or 
established precedents according to which a State or other organization is acknowledged to be 
governed.'
Wade & Phillips in their book Constitution and Administrative Law, state that Constitution of a 
country seeks to establish its fundamental or basic or apex organs of government and 
administration, describes their structure, composition, powers and principal functions, defines 
the inter-relationship of these organs with one another, and regulates their relationship with the 
people, more particularly the political relationship.
The Constitution of a state lays down the duties, powers and functions of the various organs of 
government. It establishes relationship among the organs, and the State and its citizens. Hence, 
a Constitution is an agreed upon document, which 'establishes' the basis on which consenting 
people shall govern themselves.
Aristotle (384 - 322 BCE) defined Constitution 'as the way of life which the state has chosen for 
itself'. 
Understood in its modern context, the Constitution of a State may have the following distinctive 
features:
1. It is a body of rules. 
2. It may be in a written or unwritten form. 
UNIT 01: CHAPTER 4
Basic Features of the Constitution of India
65
3. It determines the powers and responsibilities of state and organs of government. 
4. It may be written in a single document or in several documents. 
5. It determines the rights and duties of the citizens of a State. 
6. It is the fundamental law of a State. 
The features of Constitution may vary from state to state. Government of a state operates in 
accordance with the principles laid down in its Constitution. It helps to maintain law and order in 
the country. Georg Jellinek (1851-1911) hadeven argued that in the absence of Constitution, 
every individual, every institution and even the government will ignore law and as a result, there 
will be 'reign of anarchy'.
Before independence, India was the part of British colonial empire. Sovereignty of British Crown 
prevailed over India. Parliament of Britain enacted several legislations for the governance of 
India.
Some of the significant legislations of the British Parliament responsible for the governance of 
India were: 
1. Government of India Act, 1858
2. Indian Councils Act, 1861
3. Indian Councils Act, 1892
4. Indian Councils Act, 1909
5. Government of India Act, 1919
6. Government of India Act 1935.
Picture above: Pt. Jawaharlal Nehru moves the resolution for an independent sovereign republic in the 
Constituent Assembly in New Delhi.
III. HISTORICAL PRESPECTIVE OF INDIAN CONSTITUTION
Page 4


63
Chapter 4
Basic Features of the
Constitution of India
CONTENTS
I. MEANING OF THE TERM CONSTITUTION
II. DEFINITION OF THE TERM CONSTITUTION
III. HISTORICAL PRESPECTIVE OF INDIAN CONSTITUTION
IV. SALIENT FEATURES OF THE CONSTITUTION OF INDIA
A. A Modern Constitution
B. Features of the Indian Constitution
C.  Preamble to the Constitution
D. Fundamental Rights; Directive Principles of State Policy; Fundamental 
Duties
i) Fundamental Rights
ii) Directive Principles
ii) Fundamental Duties
E. Constitutional Provision for Amendment of the Indian Constitution20
F . Special Status to the State of Jammu and Kashmir
G. Adult Suffrage
H. Single Citizenship
I. Independent Judiciary
J. Schedules to the Constitution
64
I. MEANING OF THE TERM CONSTITUTION
II. DEFINITION OF THE TERM CONSTITUTION
The term Constitution is derived from the Latin term "constitutio" which means 'to establish'. 
The Oxford Latin Mini Dictionary describes Constitution as a 'body of fundamental principles or 
established precedents according to which a State or other organization is acknowledged to be 
governed.'
Wade & Phillips in their book Constitution and Administrative Law, state that Constitution of a 
country seeks to establish its fundamental or basic or apex organs of government and 
administration, describes their structure, composition, powers and principal functions, defines 
the inter-relationship of these organs with one another, and regulates their relationship with the 
people, more particularly the political relationship.
The Constitution of a state lays down the duties, powers and functions of the various organs of 
government. It establishes relationship among the organs, and the State and its citizens. Hence, 
a Constitution is an agreed upon document, which 'establishes' the basis on which consenting 
people shall govern themselves.
Aristotle (384 - 322 BCE) defined Constitution 'as the way of life which the state has chosen for 
itself'. 
Understood in its modern context, the Constitution of a State may have the following distinctive 
features:
1. It is a body of rules. 
2. It may be in a written or unwritten form. 
UNIT 01: CHAPTER 4
Basic Features of the Constitution of India
65
3. It determines the powers and responsibilities of state and organs of government. 
4. It may be written in a single document or in several documents. 
5. It determines the rights and duties of the citizens of a State. 
6. It is the fundamental law of a State. 
The features of Constitution may vary from state to state. Government of a state operates in 
accordance with the principles laid down in its Constitution. It helps to maintain law and order in 
the country. Georg Jellinek (1851-1911) hadeven argued that in the absence of Constitution, 
every individual, every institution and even the government will ignore law and as a result, there 
will be 'reign of anarchy'.
Before independence, India was the part of British colonial empire. Sovereignty of British Crown 
prevailed over India. Parliament of Britain enacted several legislations for the governance of 
India.
Some of the significant legislations of the British Parliament responsible for the governance of 
India were: 
1. Government of India Act, 1858
2. Indian Councils Act, 1861
3. Indian Councils Act, 1892
4. Indian Councils Act, 1909
5. Government of India Act, 1919
6. Government of India Act 1935.
Picture above: Pt. Jawaharlal Nehru moves the resolution for an independent sovereign republic in the 
Constituent Assembly in New Delhi.
III. HISTORICAL PRESPECTIVE OF INDIAN CONSTITUTION
66
In the words of Durga Das Basu as stated in his book Introduction to the Constitution of 
India,'Indian Constitution draws much of its source from Government of India Act, 1935. The 
Government of India Act, 1935 has provided the administrative details and language to the 
provisions of the Constitution’
Unlike the other Government of India Acts, the Act of 1935 referred to India as a federation of 
Provinces and Indian States. Autonomy to provinces was given effect by dividing legislative and 
executive powers between the Provinces and the Centre. The Provinces were under the 
executive authority of Governor appointed by the Crown. Provinces were the autonomous units 
of administration. Governor exercised the powers on the advice of Ministers, who were in turn 
responsible to Provincial legislature. Governor was given discretion to carry out certain 
functions, without being bound by Ministerial advice, subject to the control of the Governor-
General. 
At the Central level, Government of India was under the executive authority of Governor-
General. Governor-General was to act on the advice of Ministers of Central legislature, who 
were in turn responsible to the Central Legislature. The Executive Council formed under 
Government of India Act, 1919 functioned as the Council of Ministers. Governor-General even 
had discretionary functions to perform, but subject to the control of Secretary of State. 
Gwalior library puts original copy of Constitution of India on display
The Central Library in Gwalior boasts of a prized and priceless possession - the original bound 
copy of the Constitution of India. On the occasion of the 61st Republic Day, the library 
authorities displayed the historical document for public view and random reference. It is said 
that due to the lack of good printing facilities, during the late 1940s, the Constitution was 
composed using lithographic machine and the Constituent Assembly members affixed their 
signatures to endorse the Constitution of India. The pages were made with double golden 
borders on all sides. While the Central Library has more than 111,891 books properly 
classified and well preserved in various shelves, the original bound copy of the Constitution of 
India has been kept separately in a wooden box and wrapped in a muslin cloth. As per the 
records, the library purchased this copy on March 31, 1956 for rupees 120, which is now 
viewed as deemed as a priceless treasure by historians. "This original copy of the 
Constitution of India has been compiled in lithography and has golden-polished alphabets. It 
contains 255 Articles and signatures of 285 members. The library bought the copy of the 
Constitution in 1956 and then it was priced at rupees 120. Now it has become priceless for us 
and we keep it very safely," said R S Mahaur, the librarian. 
Source:http://news.oneindia.in/2010/01/26/gwaliorlibrary-puts-original-copy-of-constitution-of-
india.html
Page 5


63
Chapter 4
Basic Features of the
Constitution of India
CONTENTS
I. MEANING OF THE TERM CONSTITUTION
II. DEFINITION OF THE TERM CONSTITUTION
III. HISTORICAL PRESPECTIVE OF INDIAN CONSTITUTION
IV. SALIENT FEATURES OF THE CONSTITUTION OF INDIA
A. A Modern Constitution
B. Features of the Indian Constitution
C.  Preamble to the Constitution
D. Fundamental Rights; Directive Principles of State Policy; Fundamental 
Duties
i) Fundamental Rights
ii) Directive Principles
ii) Fundamental Duties
E. Constitutional Provision for Amendment of the Indian Constitution20
F . Special Status to the State of Jammu and Kashmir
G. Adult Suffrage
H. Single Citizenship
I. Independent Judiciary
J. Schedules to the Constitution
64
I. MEANING OF THE TERM CONSTITUTION
II. DEFINITION OF THE TERM CONSTITUTION
The term Constitution is derived from the Latin term "constitutio" which means 'to establish'. 
The Oxford Latin Mini Dictionary describes Constitution as a 'body of fundamental principles or 
established precedents according to which a State or other organization is acknowledged to be 
governed.'
Wade & Phillips in their book Constitution and Administrative Law, state that Constitution of a 
country seeks to establish its fundamental or basic or apex organs of government and 
administration, describes their structure, composition, powers and principal functions, defines 
the inter-relationship of these organs with one another, and regulates their relationship with the 
people, more particularly the political relationship.
The Constitution of a state lays down the duties, powers and functions of the various organs of 
government. It establishes relationship among the organs, and the State and its citizens. Hence, 
a Constitution is an agreed upon document, which 'establishes' the basis on which consenting 
people shall govern themselves.
Aristotle (384 - 322 BCE) defined Constitution 'as the way of life which the state has chosen for 
itself'. 
Understood in its modern context, the Constitution of a State may have the following distinctive 
features:
1. It is a body of rules. 
2. It may be in a written or unwritten form. 
UNIT 01: CHAPTER 4
Basic Features of the Constitution of India
65
3. It determines the powers and responsibilities of state and organs of government. 
4. It may be written in a single document or in several documents. 
5. It determines the rights and duties of the citizens of a State. 
6. It is the fundamental law of a State. 
The features of Constitution may vary from state to state. Government of a state operates in 
accordance with the principles laid down in its Constitution. It helps to maintain law and order in 
the country. Georg Jellinek (1851-1911) hadeven argued that in the absence of Constitution, 
every individual, every institution and even the government will ignore law and as a result, there 
will be 'reign of anarchy'.
Before independence, India was the part of British colonial empire. Sovereignty of British Crown 
prevailed over India. Parliament of Britain enacted several legislations for the governance of 
India.
Some of the significant legislations of the British Parliament responsible for the governance of 
India were: 
1. Government of India Act, 1858
2. Indian Councils Act, 1861
3. Indian Councils Act, 1892
4. Indian Councils Act, 1909
5. Government of India Act, 1919
6. Government of India Act 1935.
Picture above: Pt. Jawaharlal Nehru moves the resolution for an independent sovereign republic in the 
Constituent Assembly in New Delhi.
III. HISTORICAL PRESPECTIVE OF INDIAN CONSTITUTION
66
In the words of Durga Das Basu as stated in his book Introduction to the Constitution of 
India,'Indian Constitution draws much of its source from Government of India Act, 1935. The 
Government of India Act, 1935 has provided the administrative details and language to the 
provisions of the Constitution’
Unlike the other Government of India Acts, the Act of 1935 referred to India as a federation of 
Provinces and Indian States. Autonomy to provinces was given effect by dividing legislative and 
executive powers between the Provinces and the Centre. The Provinces were under the 
executive authority of Governor appointed by the Crown. Provinces were the autonomous units 
of administration. Governor exercised the powers on the advice of Ministers, who were in turn 
responsible to Provincial legislature. Governor was given discretion to carry out certain 
functions, without being bound by Ministerial advice, subject to the control of the Governor-
General. 
At the Central level, Government of India was under the executive authority of Governor-
General. Governor-General was to act on the advice of Ministers of Central legislature, who 
were in turn responsible to the Central Legislature. The Executive Council formed under 
Government of India Act, 1919 functioned as the Council of Ministers. Governor-General even 
had discretionary functions to perform, but subject to the control of Secretary of State. 
Gwalior library puts original copy of Constitution of India on display
The Central Library in Gwalior boasts of a prized and priceless possession - the original bound 
copy of the Constitution of India. On the occasion of the 61st Republic Day, the library 
authorities displayed the historical document for public view and random reference. It is said 
that due to the lack of good printing facilities, during the late 1940s, the Constitution was 
composed using lithographic machine and the Constituent Assembly members affixed their 
signatures to endorse the Constitution of India. The pages were made with double golden 
borders on all sides. While the Central Library has more than 111,891 books properly 
classified and well preserved in various shelves, the original bound copy of the Constitution of 
India has been kept separately in a wooden box and wrapped in a muslin cloth. As per the 
records, the library purchased this copy on March 31, 1956 for rupees 120, which is now 
viewed as deemed as a priceless treasure by historians. "This original copy of the 
Constitution of India has been compiled in lithography and has golden-polished alphabets. It 
contains 255 Articles and signatures of 285 members. The library bought the copy of the 
Constitution in 1956 and then it was priced at rupees 120. Now it has become priceless for us 
and we keep it very safely," said R S Mahaur, the librarian. 
Source:http://news.oneindia.in/2010/01/26/gwaliorlibrary-puts-original-copy-of-constitution-of-
india.html
67
Government of India assumed the role of Federal Government. The Central legislature was bi-
cameral consisting of Federal Assembly and Council of State. Some of the Provincial legislatures 
had bi-cameral legislature and other Provinces had uni-cameral legislature. The legislative 
powers and matters were divided between Central Legislature and Provincial Legislatures. The 
powers assigned to the Central legislatures and provincial legislatures were included in the  
Federal List, Provincial List respectively. The Centre and Provinces could exercise their 
combined authority on matters included in the Concurrent List. 
Federal List: It dealt with matters such as Currency, External Affairs, Armed Forces, etc. on 
which only Central legislature had the authority to legislate.
Provincial List: It dealt with matters such as Education, Public Health, and Agriculture, etc. on 
which only Provincial legislature had the authority to legislate. 
Concurrent List: It dealt with matters such as marriage and divorce, criminal Law, civil law and 
procedure, etc. on which both federal and provincial legislatures had authority to legislate. 
The exercise of legislative power was subject to various limitations:
1. Governor-General's and Crown's power to veto a bill passed by the legislature. 
2. Governor-General's power to issue ordinance and permanent acts, when the legislative 
house was not in session.
3. Governor-General's power to suspend legislature, if the proceedings would affect the 
discharge of his special responsibilities. 
4. No bill to amend or repeal the law of British Parliament as applicable in India, can be 
introduced in legislature without the previous sanction of Governor-General.
Thus, the Central legislature and similarly the Provincial legislatures were to act under the 
instructions of Governor-General, Secretary of State and ultimately the sovereign powers of the 
British Crown. Indians were given very limited rights of self-governance. 
Growing dissatisfaction over limited governing rights granted to Indians under 1935 Act led to 
widespread protests. Eventually the Colonial government conceded that the Constitution of 
India would be framed by an elected Constituent Assembly consisting of Indian people.  It was 
also agreed to establish an independent Constituent Assembly free from outside interference to 
frame the Constitution of India. On December9, 1946 the Constituent Assembly, a body elected 
by members of the provincial legislatures and state legislatures, met for the first time and 
formally commenced the task of 'Constitution making'.