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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'.Read More
FAQs on NCERT Textbook: Basic Features of The Constitution of India - NCERT Books & Solutions for Humanities - Humanities/Arts
| 1. What are the basic features of the Constitution of India? |  |
Ans. The basic features of the Constitution of India include:
1. Sovereign, democratic, and republic nature: The Constitution establishes India as a sovereign, democratic, and republic nation.
2. Fundamental rights: The Constitution guarantees fundamental rights to all citizens, ensuring individual liberties and freedoms.
3. Separation of powers: The Constitution provides for a separation of powers between the legislature, executive, and judiciary to prevent the concentration of power.
4. Federal structure: The Constitution establishes a federal structure with a division of powers between the central and state governments.
5. Directive Principles of State Policy: The Constitution incorporates Directive Principles of State Policy, which are guidelines for the government to promote social justice, welfare, and economic development.
| 2. How does the Constitution of India ensure the sovereignty of the nation? | |
Ans. The Constitution of India ensures the sovereignty of the nation through the following measures:
1. Independent judiciary: The Constitution establishes an independent judiciary, which acts as the guardian of the Constitution and ensures the supremacy of the Constitution.
2. Fundamental rights: The Constitution guarantees fundamental rights to all citizens, protecting their individual liberties and freedoms from any infringement.
3. Separation of powers: The Constitution provides for a separation of powers between the legislature, executive, and judiciary, preventing any one organ from becoming dominant and safeguarding the sovereignty of the nation.
4. Judicial review: The Constitution grants the power of judicial review to the judiciary, enabling it to review the actions of the legislature and executive and strike down any law or action that violates the provisions of the Constitution.
5. Supremacy of the Constitution: The Constitution is considered the supreme law of the land, and all laws and actions must conform to its provisions. This ensures that the sovereignty of the nation is upheld.
| 3. What is the significance of the Fundamental Rights guaranteed by the Constitution of India? | |
Ans. The Fundamental Rights guaranteed by the Constitution of India hold significant importance for the citizens. Here are their key significances:
1. Protection of individual liberties: Fundamental Rights protect the individual liberties and freedoms of citizens, ensuring their dignity and personal autonomy.
2. Safeguard against arbitrary actions: These rights act as a safeguard against arbitrary actions by the state, preventing any infringement on the rights and freedoms of citizens.
3. Equality and non-discrimination: Fundamental Rights promote equality and prohibit discrimination based on religion, race, caste, sex, or place of birth, fostering a more inclusive society.
4. Access to justice: These rights enable citizens to seek legal remedies and approach the courts for the enforcement of their rights, ensuring access to justice.
5. Upholding democracy: Fundamental Rights are essential for the functioning of a democratic society, as they protect the rights of individuals and enable them to participate freely in the democratic process.
| 4. How does the Constitution of India ensure the independence of the judiciary? | |
Ans. The Constitution of India ensures the independence of the judiciary through the following provisions:
1. Appointment and tenure: The judges of the Supreme Court and High Courts are appointed by the President in consultation with the Chief Justice of India and the Governor, respectively. They have a secure tenure, which protects them from external pressures.
2. Separation of powers: The Constitution provides for a separation of powers between the judiciary, legislature, and executive, ensuring that the judiciary can function independently without interference from other branches of the government.
3. Judicial review: The Constitution grants the power of judicial review to the judiciary, allowing it to review the constitutionality of laws and strike down those that are deemed unconstitutional. This power acts as a check on the legislature and executive.
4. Financial independence: The salaries and allowances of judges are charged on the Consolidated Fund of India or the states, making them financially independent and reducing the chances of undue influence.
5. Immunity and contempt of court: The Constitution provides for immunity to judges for their judicial acts, and it also gives them the power to punish for contempt of court, ensuring the dignity and independence of the judiciary.
| 5. What are the Directive Principles of State Policy mentioned in the Constitution of India? | |
Ans. The Directive Principles of State Policy mentioned in the Constitution of India are as follows:
1. Social justice: The state shall strive to promote social justice by ensuring equal opportunities and equitable distribution of resources.
2. Welfare of the people: The state shall work towards the welfare of the people, providing adequate healthcare, education, nutrition, and social security.
3. Economic development: The state shall endeavor to secure a just and egalitarian economic order, reducing income inequalities and promoting sustainable development.
4. Protection of heritage and environment: The state shall protect and improve the environment, preserve cultural heritage, and safeguard the forests and wildlife of the country.
5. International relations: The state shall promote international peace and cooperation, maintain just and honorable relations between nations, and respect international law and treaties.
These Directive Principles are not enforceable by courts but serve as a guiding framework for the government to formulate policies and legislation in pursuit of an ideal society.
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