Salient Features of the Constitution of India Chapter Notes | Legal Studies for Class 11 - Humanities/Arts PDF Download

Constitution

• Definition of Constitution:

  • The term Constitution comes from the Latin word "constitutio," meaning 'to establish'.
  • According to the Oxford Latin Mini Dictionary, a Constitution is a set of fundamental principles or established precedents that govern a State or organization.

• Functions of a Constitution:

  • The Constitution of a country establishes the fundamental organs of government and administration.
  • It outlines the structure, composition, powers, and principal functions of these organs.
  • Defines the inter-relationship between these organs and regulates their connection with the people, specifically in a political context.

• Role of a Constitution:

  • Specifies the duties, powers, and functions of government organs.
  • Establishes relationships among these organs, and between the State and its citizens.
  • A Constitution is a mutually agreed document that sets the foundation for self-governance by the people.

Constituent Assembly

• Formation of the Congress Party: The Congress Party was established in 1885 by Allan Octavian Hume, an Englishman, to facilitate Indian involvement in the British Government.
• Leadership Transition: In 1921, following World War I, Mahatma Gandhi took charge of the Congress Party and spearheaded the movement for India's independence.
• Constituent Assembly Composition: The Constituent Assembly consisted mainly of members from the Congress Party, along with a few Communists and Independents.
• Role of the Congress Party: While the Constituent Assembly was predominantly affiliated with the Congress Party, individuals with expertise in law and public affairs were also elected to contribute to the constitution-making process.
• Leadership in Constitution Drafting: Bhimrao Ramji Ambedkar, India's inaugural law minister, served as the Chairman of the Constitution Drafting Committee and is recognized as the primary architect of the Indian Constitution.
• Dual Responsibilities: The Constituent Assembly had a dual function - managing governance affairs in the mornings and formulating the Constitution in the afternoons.

Sources of the Constitution of India 

• The Constitution of India was drafted by the Constituent Assembly, drawing from three key sources.
• The first source was the Government of India Act of 1935, which served as the foundation document until 1950.
• Salient features of the 1935 Act included a parliamentary system with ultimate power held by the British, a centralized federal system, and provisions for provincial elections.
• The second source was the constitutions of other countries, mainly influencing the Fundamental Rights and Directive Principles of State Policy.
• Fundamental Rights focus on civil and political rights like the right to life and freedom of speech, while Directive Principles center on economic, social, and cultural rights.
• The third source was the Objectives Resolution of December 1946, shaping the spirit of the Constitution.
• Jawaharlal Nehru drafted the Objectives Resolution, emphasizing justice, equality, freedom, and safeguards for minorities and underprivileged groups.
• The Objectives Resolution aimed at national unity, democracy, and social progress for citizens' welfare.

British Governance Laws in India

Before Independence

• British Colonial Rule: India was part of the British colonial empire.
• Sovereignty: British Crown's sovereignty prevailed over India.
• Significant Legislations:
  • Government of India Act, 1858
  • Indian Councils Act, 1861
  • Indian Councils Act, 1892
  • Indian Councils Act, 1909
  • Government of India Act, 1919
  • Government of India Act, 1935
• Role of Government of India Act, 1935: Provided administrative details and language to the provisions of the Constitution of India.
• Autonomy to Provinces: Divided legislative and executive powers between Provinces and the Centre.
• Central Government: Central legislature was bicameral, consisting of Federal Assembly and Council of States.
• Legislative Powers: Division of powers into Federal List, Provincial List, and Concurrent List.

The Indian Independence Act, 1947

• The Indian Independence Act of 1947, passed by the British Parliament and in effect from July 18, 1947, marked a significant turning point.
• It declared the establishment of two independent Dominions, India and Pakistan, starting from August 15, 1947, known as the 'appointment date' under the Government of India Act, 1935.
• Under this Act, the Constituent Assembly of each Dominion was granted complete authority to create and accept any Constitution and even revoke any British Parliament Act, including the Indian Independence Act.
• Dr. Bhim Rao Ambedkar, the Law Minister, led the Drafting Committee from August 15, 1947, to January 26, 1950, overseeing the formulation of the Constitution of India.
• After extensive discussions and considerations taking into account administrative challenges, geographical constraints, social and cultural diversities, and historical contexts, a proposal for the Draft Constitution of India was developed.
• The draft Constitution was ratified on November 26, 1949, after receiving approval from the President of the Assembly, Dr. Rajendra Prasad, following a meticulous process that spanned 11 sessions of the Constituent Assembly over 2 years, 11 months, and 18 days.
• The original Constitution of India, handwritten with exquisite calligraphy by Prem Behari Narain Raizada, was signed in two copies - 'Bhartiya Sanvidhan' in Hindi and 'The Constitution of India' in English, each page embellished by artists from Shantiniketan like Beohar Rammanohar Sinha and Nandalal Bose.

Salient Features of The Constitution Of India

1. A Modern Constitution 

• Background: The Constitution of India, formulated in the mid-twentieth century, amalgamated key features from various existing constitutions to suit the nation's circumstances.
• Union of States: Article 1(1) of the Indian Constitution proclaims that India, known as Bharat, constitutes a Union of States, consolidating 552 Indian States into a unified entity by August 15, 1947.
• Unity Emphasis: Dr. B.R. Ambedkar highlighted the term 'Union' over 'Federation' during the Constituent Assembly Debates, emphasizing the symbolic unity of India, where states cannot secede from the Union without agreement.
• Federal Features: While India operates as a federal state, the Constitution allows for a shift to a unitary system during emergencies through Part XVIII, a distinctive aspect of Indian governance.
• Unique Elements: The Constitution blends federal and unitary aspects, enabling a flexible system of governance. The term 'Bharat' was chosen due to historical and cultural relevance.
• Legal Influences: Various parts of the Constitution draw inspiration from different legal systems, such as Fundamental Rights mirroring the American Bill of Rights and Directive Principles influenced by the Irish Constitution.
• Government Structure: India adopted a Parliamentary system akin to the British model, rejecting a Presidential system to avoid potential conflicts between branches of government.
• Amendments and Additions: Through amendments like the 73rd and 74th Constitution Amendment Act, the Constitution expanded to include provisions for Panchayats, Municipalities, and other governance structures.

2. Lengthiest Written Constitution 

• Durga Das Basu in his book 'Introduction to the Constitution of India' describes the Constitution as the lengthiest and most detailed in the world.
• It comprises 395 Articles, with several additions and repeals through amendments.
• The original Constitution had 8 schedules, now increased to 12 Schedules.
• The Constituent Assembly took almost three years to draft the Constitution, with 11 sessions spanning 165 days.

3. Preamble to the Constitution 

The Preamble of the Indian Constitution

• Introduction: The Constitution commences with an initial statement known as the preamble.
• Guiding Principles: As per the Objectives Resolution, it establishes the fundamental principles and ideology of the Constitution, emphasizing unity and integrity.
• Significance: The Preamble is deemed an integral part of the Constitution, embodying the basic framework of the document.
• Interpretation: It functions as a guiding tool for understanding and interpreting the Constitution's provisions.
• Key Features: The Preamble asserts that the Indian populace has adopted and granted themselves the Constitution.
• Legal Interpretation: Court cases like Keshavananda Bharati v. Union of India and Charan Lal Sahu v. Union Of India have elucidated the constitutional implications of terms like "sovereign," "democratic," and "republic."
• Core Objectives: The Preamble aims to secure justice, liberty, equality, fraternity, unity, and integrity for all citizens.

4. Fundamental Rights; Directive Principles of State Policy; Fundamental Duties

Fundamental Rights:

• Constitutional Framework: Fundamental Rights in India are enshrined in Part III of the Constitution.
• Rights Included: These rights cover aspects like equality, freedom, protection, and remedies.
• Enforceability: Fundamental Rights are justiciable, meaning they can be enforced through the courts.
• Scope of Rights: They ensure equality before the law, freedom of speech, protection of life and liberty, and more.
• Guarantee and Enforcement: Violations of these rights render legislative and executive actions unconstitutional.
• Judicial Authority: The Supreme Court and High Courts hold powers to issue orders for the enforcement of these rights.
• Meaning of Writs: A "writ" refers to a formal written order issued by a court or judicial authority. Writs are typically issued to direct someone to do something specific, refrain from doing something, or to enforce a legal right. They are fundamental tools used in the administration of justice to ensure that individuals' rights are protected and upheld. Writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari ensure the protection of Fundamental Rights.

Directive Principles

• Definition: The Directive Principles of State Policy are principles outlined in Part IV of the Constitution, guiding state policies in the social sector.
• Nature: They focus on economic and social rights, embodying socialist ideals to fulfill the social revolution agenda of the preamble.
• Enforceability: While not enforceable by courts, they offer guidance for drafting laws concerning human and social development.
• State's Duty: It is the State's duty to apply these principles in lawmaking to promote the welfare of the people.
• Key Provisions: Include rights such as adequate livelihood, equal pay for equal work, village Panchayats, and promotion of educational and economic interests of marginalized sections.
• Legislation: Various laws have been enacted to implement these principles, such as the Legal Services Authority Act and the Right to Education Act.
• Judicial Interpretation: Some Directive Principles have been elevated to the status of Fundamental Rights by the Supreme Court, emphasizing their importance in governance.

Fundamental duties

• The Constitution (42nd Amendment) Act, 1976 introduced Part IV-A, Article 51-A on Fundamental Duties of citizens.
• There are eleven Fundamental Duties outlined in the Constitution.
• The Constitution does not have a provision for the enforcement of Fundamental Duties.
• In the case of Bijoe Emmanuel v. State of Kerala (AIR 1987 SC 478), the Supreme Court ruled that duties can potentially be enforced through the enactment of legislations.
• For instance, the Prevention of Insult to National Honours Act, 1971 penalizes individuals who insult national honours.
• Fundamental Duties are to be considered in conjunction with Fundamental Rights.
• The judiciary, as emphasized in the case of Mohan Kumar v. Union of India (AIR 1992 SC 1), has the authority to enforce these duties while preserving a balance with Fundamental Rights. 

5. Constitutional Provision for Amendment of the Constitution of India

• Part XX of the Constitution of India explains the process for amending the Constitution.
• Article 368 outlines Parliament's authority to amend the Constitution and the procedure to be followed.
• No restrictions exist on Parliament's power to amend by adding, removing, or enhancing provisions.
• The first step involves introducing a Bill in either House of Parliament, requiring a specific majority for passage.
• Some amendments mandate ratification by at least half of the State Legislatures before the President's assent.
• In the Kesavananda Bharti v. State of Kerala case, the Supreme Court limited Parliament's authority to amend the Constitution's Basic Structure.

6. Adult Suffrage

• Article 326: Grants Indian citizens the right to vote in general elections to the House of People and State Legislative Assemblies.
• Eligibility: Every citizen above 18 years of age (reduced from 21 years by the Constitution) can vote unless disqualified for reasons like unsoundness of mind, non-residence, crime, or corrupt practices.
• Electoral Roll: One general electoral roll for each territorial constituency as per Article 325, covering elections for Parliament or State Legislature.
• Inclusion Criteria: No one can be excluded from the electoral roll based solely on religion, race, caste, or sex.
• Reserved Seats: Articles 330 and 332 reserve seats for Scheduled Castes and Scheduled Tribes in the House of People and Legislative Assemblies respectively.
• Anglo-Indian Representation: Article 331 provides representation for the Anglo-Indian community in the House of People.
• Basic Structure: In the case of Indira Nehru Gandhi v. Raj Narain (popularly known as the Election case), the right to free and fair elections is declared as part of the Basic Structure of the Constitution.

7. Single Citizenship in India

• Citizenship Provision: The Constitution of India offers single citizenship.
• Acquisition Methods: Citizenship in India can be acquired through birth, descent, registration, and naturalization.
• By Birth: Every individual born in India to non-illegal migrant parents is granted citizenship.
• By Registration: Citizenship can be obtained through registration, typically requiring at least 7 years of residency.
• By Descent: Citizenship is conferred if at least one parent is an Indian citizen.
• By Naturalization: Citizenship through naturalization is possible after being a resident of India for 12 years.
• Political and Civil Rights: Indian citizens enjoy various rights such as voting, contesting elections, and holding high offices like President, Vice President, Governor, and Judges, subject to specific criteria.

8. Independent Judiciary in the Constitution of India

• Independence of Judiciary: The Constitution of India ensures that the judiciary operates independently, free from the influence of other branches of the government.
• Judiciary Principles: The judiciary in India functions based on the established principles outlined in the Constitution.
• Constitutional Provisions: The provisions within the Indian Constitution safeguard the autonomy and integrity of the judiciary.
• Separation of Powers: The judiciary's independence signifies the separation of powers between the three branches of government.
• Role of the Judiciary: The judiciary plays a crucial role in upholding justice and interpreting laws impartially.
• Case Law: Landmark cases have contributed to the evolution of judicial independence in India, such as Kesavananda Bharati v. State of Kerala.
• Significance: An independent judiciary ensures fairness, transparency, and accountability in the legal system of India.

9. Emergency Provisions

• Constitutional Provisions for Emergencies:
  • The Constitution makers foresaw situations when normal governance might not be feasible.
  • The Constitution's Part XVIII details emergency provisions.
• Types of Emergencies:
  • War, Aggression, and Rebellion: Emergency due to war, external aggression, or armed rebellion is declared under Article 352.
  • Failure of Constitutional Machinery: Emergency due to the breakdown of constitutional mechanisms in states as per Articles 356 & 365.
  • Financial Emergency: Declared under Article 360.
• Purpose of Emergency Provisions:
  • The provisions safeguard the nation's sovereignty, unity, integrity, and security, along with the democratic system and the Constitution.
• Centralization of Power:
  • During an emergency, the central government gains extensive authority, and states come under central control.
• Political System Transformation:
  • The political system shifts from federal (normal times) to unitary (during emergencies), a distinctive aspect of the Indian Constitution.

10. Federal in Form, Unitary in Character

• The Constitution of India establishes a federal system of government.
• It contains features of a federation, such as two governments, division of powers, written constitution, the supremacy of the constitution, independent judiciary, and bicameralism.
• Additionally, it includes unitary or non-federal features like a strong Centre, single Constitution, appointment of state governor by the Centre, all-India services, integrated judiciary, etc.
• The term 'Federation' is not explicitly used in the Constitution.
• India is described as a 'Union of States' in Article 1, implying that Indian Federation is not a result of a state agreement and no state has the right to secede.

11. Division of Power - Centre-State Relations

• Various articles and schedules of the Constitution define the powers of the central and state governments and their relations.
• The Seventh Schedule contains three legislative lists: Union list, State list, and Concurrent list, which outline legislative jurisdictions.
• The Union list includes 99 items like foreign affairs, defense, armed forces, etc., giving the central government exclusive legislative authority over these matters.
• The State list, with 61 subjects like public order, police, administration of justice, etc., grants legislative authority to state governments except in exceptional situations.
• The Concurrent list, comprising 52 items, allows both Parliament and State legislatures to legislate but grants supremacy to Parliament.
• Residuary items are under the center's jurisdiction.

12. Schedules to the Constitution

• Originally eight, now 12 Schedules are attached to the Constitution of India, providing administrative details to the functioning of government organs.
• These Schedules are amendable by Parliament.