CBSE Textbook: Salient Features of the Constitution of India | Legal Studies for Class 11 - Humanities/Arts PDF Download

 Page 1


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
Salient Features of  
the Constitution of India
Contents
I. Meaning of the term Constitution
II. Definition of the term Constitution
III. Historical perspective of the Constitution of India
IV . Salient Features of the Constitution of India
 A.   A Modern Constitution
 B.   Lengthiest written Constitution
 C.   Preamble to the Constitution
 D.   Fundamental Rights; Directive Principles of State Policy; Fundamental Duties
 E.   Constitutional Provision for Amendment of the Constitution of India
 F .   Adult Suffrage
 G.  Single Citizenship
 H.  Independent Judiciary
 I.  Emergency Provision
 J.  Federal in form Unitary in character
 K.  Division of Power- Centre- State Relations
 L.   Schedules to the Constitution
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Demonstrate understanding of the basic features of Constitution and contrast the various 
Constitutions around the world
• Recall the historical perspective of the Constitution of India
• Analyse and examine the various writs and their purpose
• Explain the meaning of terminologies used in the preamble of the Constitution
• Distinguish between Fundamental Rights and Directive Principles of State Policy
• Examine the reasoning behind why DPSP are non-justiciable 
• Analyze the importance of Fundamental Duties
• List down the process of amendment of the Constitution and examine the basic structure of the 
Constitution
CHAPTER
1
Page 2


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
Salient Features of  
the Constitution of India
Contents
I. Meaning of the term Constitution
II. Definition of the term Constitution
III. Historical perspective of the Constitution of India
IV . Salient Features of the Constitution of India
 A.   A Modern Constitution
 B.   Lengthiest written Constitution
 C.   Preamble to the Constitution
 D.   Fundamental Rights; Directive Principles of State Policy; Fundamental Duties
 E.   Constitutional Provision for Amendment of the Constitution of India
 F .   Adult Suffrage
 G.  Single Citizenship
 H.  Independent Judiciary
 I.  Emergency Provision
 J.  Federal in form Unitary in character
 K.  Division of Power- Centre- State Relations
 L.   Schedules to the Constitution
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Demonstrate understanding of the basic features of Constitution and contrast the various 
Constitutions around the world
• Recall the historical perspective of the Constitution of India
• Analyse and examine the various writs and their purpose
• Explain the meaning of terminologies used in the preamble of the Constitution
• Distinguish between Fundamental Rights and Directive Principles of State Policy
• Examine the reasoning behind why DPSP are non-justiciable 
• Analyze the importance of Fundamental Duties
• List down the process of amendment of the Constitution and examine the basic structure of the 
Constitution
CHAPTER
1
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
I. Meaning 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.
II. Definition of the term Constitution
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:
•	 It	is	a	body	of	rules
•	 It	may	be	in	a	written	o r	unwritten	for m
•	 It	deter mines	the	powe rs	and	r esponsibilities	of	state	and	organs	of	gover nment
•	 It	may	be	written	in	a	si ngle	document	or	in	several	documents
•	 It	deter mines	the	rights	 and	duties	of	the	citizens	of	a	State
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) had even 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’.
The Constitution of India, which came into effect on 26 January 1950, holds the distinction of being 
one of the lengthiest Constitutions in the world. This lesson gives insights into various aspects of the 
Constitution of India.
Page 3


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
Salient Features of  
the Constitution of India
Contents
I. Meaning of the term Constitution
II. Definition of the term Constitution
III. Historical perspective of the Constitution of India
IV . Salient Features of the Constitution of India
 A.   A Modern Constitution
 B.   Lengthiest written Constitution
 C.   Preamble to the Constitution
 D.   Fundamental Rights; Directive Principles of State Policy; Fundamental Duties
 E.   Constitutional Provision for Amendment of the Constitution of India
 F .   Adult Suffrage
 G.  Single Citizenship
 H.  Independent Judiciary
 I.  Emergency Provision
 J.  Federal in form Unitary in character
 K.  Division of Power- Centre- State Relations
 L.   Schedules to the Constitution
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Demonstrate understanding of the basic features of Constitution and contrast the various 
Constitutions around the world
• Recall the historical perspective of the Constitution of India
• Analyse and examine the various writs and their purpose
• Explain the meaning of terminologies used in the preamble of the Constitution
• Distinguish between Fundamental Rights and Directive Principles of State Policy
• Examine the reasoning behind why DPSP are non-justiciable 
• Analyze the importance of Fundamental Duties
• List down the process of amendment of the Constitution and examine the basic structure of the 
Constitution
CHAPTER
1
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
I. Meaning 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.
II. Definition of the term Constitution
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:
•	 It	is	a	body	of	rules
•	 It	may	be	in	a	written	o r	unwritten	for m
•	 It	deter mines	the	powe rs	and	r esponsibilities	of	state	and	organs	of	gover nment
•	 It	may	be	written	in	a	si ngle	document	or	in	several	documents
•	 It	deter mines	the	rights	 and	duties	of	the	citizens	of	a	State
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) had even 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’.
The Constitution of India, which came into effect on 26 January 1950, holds the distinction of being 
one of the lengthiest Constitutions in the world. This lesson gives insights into various aspects of the 
Constitution of India.
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
39
After World War II, which ended in 1945, India’s independence from the British rule was around the 
corner. During the winter of 1945-46, general elections for India’s provincial legislatures or assemblies 
were held. These legislatures elected the members of the Constituent Assembly that would draft the 
Constitution of India. Although, in December 1946, the Constituent Assembly was ready in place 
in New Delhi, the Muslim League’s demand for a separate Pakistan delayed its work of creating the 
new Constitution. On August 15, 1947, after the last Viceroy of British India Lord Louis Mountbatten 
declared India and Pakistan as two independent countries, the Constituent Assembly continued with 
its mandate to create the new Constitution for India.
Constituent Assembly
Dr. B.R. Ambedkar is considered to be the principal architect of the Constitution of India. He is 
known as modern Manu.
Picture Above: Dr. Ambedkar, Chairman, Drafting Committee of Constitution of India with other 
members. (Sitting from left) Shri. N. Madhavrao, Sayyad Sadulla, Dr. Ambedkar (Chairman), 
Alladi Krishnaswamy Iyer, Sir Benegal, Narsingh Rao. Standing from left - Shri.S.N. Mukharjee, 
Jugal Kishor Khanna and Kewal Krishnan. (Aug 29, 1947)
The Constituent Assembly had members mostly from the Congress Party with a few Communists 
and Independents. In 1885, Allan Octavian Hume, an Englishman had formed the Congress Party 
to enable Indian participation in the less popular British Government. In 1921, post World War I, 
Mohandas Karamchand Gandhi (Mahatma Gandhi), assumed the leadership of the Congress party 
and led the movement for India’s independence. Although the Constituent Assembly was largely a 
one-party body, the Congress Party had arranged for some persons distinguished in law and public 
affairs to be elected to the Constituent Assembly to contribute to the making of the Constitution. 
India’s first law minister, Bhimrao Ramji Ambedkar, was appointed the Chairman of the Constitution 
Drafting Committee. Therefore, Dr. Ambedkar has been termed as the principal architect of the 
Constitution of India. The Constituent Assembly had two roles to play- governance and the framing 
of the Constitution. In the mornings, it dealt with the governance matters and in the afternoons, it 
drafted the Constitution.
Sources of the Constitution of India
The framers of the Constitution of India, i.e. the Constituent Assembly, drew upon three sources to 
draft the Constitution. The first source was the foundation document or the base text- the Government 
Page 4


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
Salient Features of  
the Constitution of India
Contents
I. Meaning of the term Constitution
II. Definition of the term Constitution
III. Historical perspective of the Constitution of India
IV . Salient Features of the Constitution of India
 A.   A Modern Constitution
 B.   Lengthiest written Constitution
 C.   Preamble to the Constitution
 D.   Fundamental Rights; Directive Principles of State Policy; Fundamental Duties
 E.   Constitutional Provision for Amendment of the Constitution of India
 F .   Adult Suffrage
 G.  Single Citizenship
 H.  Independent Judiciary
 I.  Emergency Provision
 J.  Federal in form Unitary in character
 K.  Division of Power- Centre- State Relations
 L.   Schedules to the Constitution
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Demonstrate understanding of the basic features of Constitution and contrast the various 
Constitutions around the world
• Recall the historical perspective of the Constitution of India
• Analyse and examine the various writs and their purpose
• Explain the meaning of terminologies used in the preamble of the Constitution
• Distinguish between Fundamental Rights and Directive Principles of State Policy
• Examine the reasoning behind why DPSP are non-justiciable 
• Analyze the importance of Fundamental Duties
• List down the process of amendment of the Constitution and examine the basic structure of the 
Constitution
CHAPTER
1
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
I. Meaning 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.
II. Definition of the term Constitution
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:
•	 It	is	a	body	of	rules
•	 It	may	be	in	a	written	o r	unwritten	for m
•	 It	deter mines	the	powe rs	and	r esponsibilities	of	state	and	organs	of	gover nment
•	 It	may	be	written	in	a	si ngle	document	or	in	several	documents
•	 It	deter mines	the	rights	 and	duties	of	the	citizens	of	a	State
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) had even 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’.
The Constitution of India, which came into effect on 26 January 1950, holds the distinction of being 
one of the lengthiest Constitutions in the world. This lesson gives insights into various aspects of the 
Constitution of India.
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
39
After World War II, which ended in 1945, India’s independence from the British rule was around the 
corner. During the winter of 1945-46, general elections for India’s provincial legislatures or assemblies 
were held. These legislatures elected the members of the Constituent Assembly that would draft the 
Constitution of India. Although, in December 1946, the Constituent Assembly was ready in place 
in New Delhi, the Muslim League’s demand for a separate Pakistan delayed its work of creating the 
new Constitution. On August 15, 1947, after the last Viceroy of British India Lord Louis Mountbatten 
declared India and Pakistan as two independent countries, the Constituent Assembly continued with 
its mandate to create the new Constitution for India.
Constituent Assembly
Dr. B.R. Ambedkar is considered to be the principal architect of the Constitution of India. He is 
known as modern Manu.
Picture Above: Dr. Ambedkar, Chairman, Drafting Committee of Constitution of India with other 
members. (Sitting from left) Shri. N. Madhavrao, Sayyad Sadulla, Dr. Ambedkar (Chairman), 
Alladi Krishnaswamy Iyer, Sir Benegal, Narsingh Rao. Standing from left - Shri.S.N. Mukharjee, 
Jugal Kishor Khanna and Kewal Krishnan. (Aug 29, 1947)
The Constituent Assembly had members mostly from the Congress Party with a few Communists 
and Independents. In 1885, Allan Octavian Hume, an Englishman had formed the Congress Party 
to enable Indian participation in the less popular British Government. In 1921, post World War I, 
Mohandas Karamchand Gandhi (Mahatma Gandhi), assumed the leadership of the Congress party 
and led the movement for India’s independence. Although the Constituent Assembly was largely a 
one-party body, the Congress Party had arranged for some persons distinguished in law and public 
affairs to be elected to the Constituent Assembly to contribute to the making of the Constitution. 
India’s first law minister, Bhimrao Ramji Ambedkar, was appointed the Chairman of the Constitution 
Drafting Committee. Therefore, Dr. Ambedkar has been termed as the principal architect of the 
Constitution of India. The Constituent Assembly had two roles to play- governance and the framing 
of the Constitution. In the mornings, it dealt with the governance matters and in the afternoons, it 
drafted the Constitution.
Sources of the Constitution of India
The framers of the Constitution of India, i.e. the Constituent Assembly, drew upon three sources to 
draft the Constitution. The first source was the foundation document or the base text- the Government 
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
40
of India Act of 1935, which was passed by the Parliament in London. This Act was the basis for the 
government and was in force in India from 1935 until 1950 when the Constitution of India was 
adopted.
The salient features of the 1935 Act were:
•	 it	provided	for	a	parliam entar y	system	(but	the	ultimate	power	was	kept	with	the	British);
•	 it	included	a	wide	rangi ng	administrative	aspects	for	the	structur e	of	gover nment;
•	 it	 cr eated 	 a	 centralized	 federal	 system;	 and	 it	 provided	 for	 elections	 to	 provincial	 legislatur es	 or	
assemblies.
The second source was the constitutions of other countries. They were used mostly with respect to the 
two chapters of the Constitution namely, the Fundamental Rights and the Directive Principles of State 
Policy. As is described later in this section, fundamental rights largely deal with civil and political rights 
of citizens (for example: right to life, freedom of speech and expression) and the Directive Principles 
deal largely with the economic, social and cultural rights of the citizens (for example: right to health, 
and livelihood). 
The third source was the Objectives Resolution adopted in the December 1946 Assembly session. The 
Constitution derived its spirit from this source. The Objectives Resolution laid down the philosophy 
and the Constitution expressed it through its many lengthy and detailed provisions. Jawaharlal Nehru, 
the first Prime Minister of India, had drafted the Objectives Resolution drawing upon the Congress 
Party documents of the previous two decades. The Objectives Resolution called for the integrity of 
the Indian Union and that its authority and power were derived from the Indian people. It stated 
that all the people should be secured with regards to justice- social, economic and political, equality 
of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, 
vocation, association and action, subject to law and public morality. Furthermore, the Objectives 
Resolution provided for adequate safeguards for minorities, depressed and backward classes, and 
underdeveloped and tribal areas. The Objectives Resolution can be summarized to consist of three 
interdependent salient features:
1. Protecting and enhancing national unity and integrity;
2. Establishing the institutions and spirit of democracy; and
3. Promoting a social revolution for the betterment of the citizens.
III. Historical Perspective of Constitution of India
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: 
•	 Gover nment	of	India	A ct,	1858
•	 Indian	Councils	Act,	18 61
•	 Indian	Councils	Act,	18 92
•	 Indian	Councils	Act,	19 09
•	 Gover nment	of	India	A ct,	1919
•	 Gover nment	of	India	A ct	1935
Page 5


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
Salient Features of  
the Constitution of India
Contents
I. Meaning of the term Constitution
II. Definition of the term Constitution
III. Historical perspective of the Constitution of India
IV . Salient Features of the Constitution of India
 A.   A Modern Constitution
 B.   Lengthiest written Constitution
 C.   Preamble to the Constitution
 D.   Fundamental Rights; Directive Principles of State Policy; Fundamental Duties
 E.   Constitutional Provision for Amendment of the Constitution of India
 F .   Adult Suffrage
 G.  Single Citizenship
 H.  Independent Judiciary
 I.  Emergency Provision
 J.  Federal in form Unitary in character
 K.  Division of Power- Centre- State Relations
 L.   Schedules to the Constitution
V. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
• Demonstrate understanding of the basic features of Constitution and contrast the various 
Constitutions around the world
• Recall the historical perspective of the Constitution of India
• Analyse and examine the various writs and their purpose
• Explain the meaning of terminologies used in the preamble of the Constitution
• Distinguish between Fundamental Rights and Directive Principles of State Policy
• Examine the reasoning behind why DPSP are non-justiciable 
• Analyze the importance of Fundamental Duties
• List down the process of amendment of the Constitution and examine the basic structure of the 
Constitution
CHAPTER
1
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
I. Meaning 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.
II. Definition of the term Constitution
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:
•	 It	is	a	body	of	rules
•	 It	may	be	in	a	written	o r	unwritten	for m
•	 It	deter mines	the	powe rs	and	r esponsibilities	of	state	and	organs	of	gover nment
•	 It	may	be	written	in	a	si ngle	document	or	in	several	documents
•	 It	deter mines	the	rights	 and	duties	of	the	citizens	of	a	State
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) had even 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’.
The Constitution of India, which came into effect on 26 January 1950, holds the distinction of being 
one of the lengthiest Constitutions in the world. This lesson gives insights into various aspects of the 
Constitution of India.
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
39
After World War II, which ended in 1945, India’s independence from the British rule was around the 
corner. During the winter of 1945-46, general elections for India’s provincial legislatures or assemblies 
were held. These legislatures elected the members of the Constituent Assembly that would draft the 
Constitution of India. Although, in December 1946, the Constituent Assembly was ready in place 
in New Delhi, the Muslim League’s demand for a separate Pakistan delayed its work of creating the 
new Constitution. On August 15, 1947, after the last Viceroy of British India Lord Louis Mountbatten 
declared India and Pakistan as two independent countries, the Constituent Assembly continued with 
its mandate to create the new Constitution for India.
Constituent Assembly
Dr. B.R. Ambedkar is considered to be the principal architect of the Constitution of India. He is 
known as modern Manu.
Picture Above: Dr. Ambedkar, Chairman, Drafting Committee of Constitution of India with other 
members. (Sitting from left) Shri. N. Madhavrao, Sayyad Sadulla, Dr. Ambedkar (Chairman), 
Alladi Krishnaswamy Iyer, Sir Benegal, Narsingh Rao. Standing from left - Shri.S.N. Mukharjee, 
Jugal Kishor Khanna and Kewal Krishnan. (Aug 29, 1947)
The Constituent Assembly had members mostly from the Congress Party with a few Communists 
and Independents. In 1885, Allan Octavian Hume, an Englishman had formed the Congress Party 
to enable Indian participation in the less popular British Government. In 1921, post World War I, 
Mohandas Karamchand Gandhi (Mahatma Gandhi), assumed the leadership of the Congress party 
and led the movement for India’s independence. Although the Constituent Assembly was largely a 
one-party body, the Congress Party had arranged for some persons distinguished in law and public 
affairs to be elected to the Constituent Assembly to contribute to the making of the Constitution. 
India’s first law minister, Bhimrao Ramji Ambedkar, was appointed the Chairman of the Constitution 
Drafting Committee. Therefore, Dr. Ambedkar has been termed as the principal architect of the 
Constitution of India. The Constituent Assembly had two roles to play- governance and the framing 
of the Constitution. In the mornings, it dealt with the governance matters and in the afternoons, it 
drafted the Constitution.
Sources of the Constitution of India
The framers of the Constitution of India, i.e. the Constituent Assembly, drew upon three sources to 
draft the Constitution. The first source was the foundation document or the base text- the Government 
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
40
of India Act of 1935, which was passed by the Parliament in London. This Act was the basis for the 
government and was in force in India from 1935 until 1950 when the Constitution of India was 
adopted.
The salient features of the 1935 Act were:
•	 it	provided	for	a	parliam entar y	system	(but	the	ultimate	power	was	kept	with	the	British);
•	 it	included	a	wide	rangi ng	administrative	aspects	for	the	structur e	of	gover nment;
•	 it	 cr eated 	 a	 centralized	 federal	 system;	 and	 it	 provided	 for	 elections	 to	 provincial	 legislatur es	 or	
assemblies.
The second source was the constitutions of other countries. They were used mostly with respect to the 
two chapters of the Constitution namely, the Fundamental Rights and the Directive Principles of State 
Policy. As is described later in this section, fundamental rights largely deal with civil and political rights 
of citizens (for example: right to life, freedom of speech and expression) and the Directive Principles 
deal largely with the economic, social and cultural rights of the citizens (for example: right to health, 
and livelihood). 
The third source was the Objectives Resolution adopted in the December 1946 Assembly session. The 
Constitution derived its spirit from this source. The Objectives Resolution laid down the philosophy 
and the Constitution expressed it through its many lengthy and detailed provisions. Jawaharlal Nehru, 
the first Prime Minister of India, had drafted the Objectives Resolution drawing upon the Congress 
Party documents of the previous two decades. The Objectives Resolution called for the integrity of 
the Indian Union and that its authority and power were derived from the Indian people. It stated 
that all the people should be secured with regards to justice- social, economic and political, equality 
of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, 
vocation, association and action, subject to law and public morality. Furthermore, the Objectives 
Resolution provided for adequate safeguards for minorities, depressed and backward classes, and 
underdeveloped and tribal areas. The Objectives Resolution can be summarized to consist of three 
interdependent salient features:
1. Protecting and enhancing national unity and integrity;
2. Establishing the institutions and spirit of democracy; and
3. Promoting a social revolution for the betterment of the citizens.
III. Historical Perspective of Constitution of India
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: 
•	 Gover nment	of	India	A ct,	1858
•	 Indian	Councils	Act,	18 61
•	 Indian	Councils	Act,	18 92
•	 Indian	Councils	Act,	19 09
•	 Gover nment	of	India	A ct,	1919
•	 Gover nment	of	India	A ct	1935
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
41
Picture above: Pt. Jawaharlal Nehru moves the resolution for an independent sovereign republic 
in the Constituent Assembly in New Delhi.
In the words of Durga Das Basu as stated in his book ‘Introduction to the Constitution of India’, 
“Constitution of India 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.
Government of India assumed the role of Federal Government. The Central legislature was bicameral 
consisting of Federal Assembly and Council of States. Some of the Provincial legislatures had 
bicameral legislature and other Provinces had unicameral 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 and 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.