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Constitution of India - 1 Notes | Study Legal Reasoning for CLAT - CLAT

Document Description: Constitution of India - 1 for CLAT 2022 is part of Constitution of India for Legal Reasoning for CLAT preparation. The notes and questions for Constitution of India - 1 have been prepared according to the CLAT exam syllabus. Information about Constitution of India - 1 covers topics like What is Constitution of India?, Nature of Indian Constitution, Constitution of India – The Preamble, Parts of the Constitution, Schedules of the Constitution, Citizenship of India  and Constitution of India - 1 Example, for CLAT 2022 Exam. Find important definitions, questions, notes, meanings, examples, exercises and tests below for Constitution of India - 1.

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Table of contents
What is Constitution of India?
Nature of Indian Constitution
Constitution of India – The Preamble
Parts of the Constitution
Schedules of the Constitution
Citizenship of India 
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What is Constitution of India?

  • The Indian Constitution is unique in both spirit and content. Notwithstanding the fact that several features of the constitution have been borrowed from other constitutions from all around the world, it is really a unique piece of work. 
  • Indian Constitution was adopted by the Government of India on 26 Nov 1949. The original constitution have been considerably changed by the various amendments that have been brought forth such as the 7th, 42nd, 44th, 73rd and 74th Amendments. 
  • The Indian Constitution is the lengthiest written constitution originally consisting of 395 Articles, 22 parts, 8 Schedules. But after the Constitution 104th Amendment Act, 2003, the Indian Constitution Consists of 448 Art, 25 parts, 12 Schedules.

Nature of Indian Constitution

The Constitution is of two kinds:Constitution of India - 1 Notes | Study Legal Reasoning for CLAT - CLAT

1. Unitary

  • In a Unitary Constitutions the powers of the Government are centralized in one Government.

2. Federal

  • In Federal Constitution, there is a division of Powers between the federal and the State Government and both are independent in their own spheres. The American Constitution is universally regarded as an example of the Federal Constitution. 

Question for Constitution of India - 1
Try yourself:Which country has the Lengthiest written Constitution?
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Constitution of India – The Preamble

  • The objective resolution was moved by Pt Jawaharlal Nehru in the Constituent Assembly on December 13, 1946, which was adopted as the ‘Preamble to the Constitution’ on January 22, 1947.Constitution of India - 1 Notes | Study Legal Reasoning for CLAT - CLAT
  • The idea of a Preamble is borrowed from the American constitution. The words ‘Socialist’, ‘Secular’ and ‘Integrity’ were added to the Preamble by the 42nd Amendment,1976.
  • The first constitution to start with a preamble was the American Constitution. The Indian constitution also starts with one. The Preamble is basically the introduction or preface to the constitution. It sums up the essence of the constitution. N A Palkhivala, a constitutional expert, referred to the Preamble as the ‘Identity card of the Constitution’.
  • The Preamble is based on Pandit Nehru’s Objective Resolution that he moved and was adopted by the Constituent Assembly. The Preamble has been amended in 1976 by the 42nd Amendment which added words ‘socialist’, ‘secular’ and ‘integrity’ to it.

Purpose of the Preamble 

  • The preamble to the constitution is a key to open the minds of the makers and shows the general purpose for which they made the several provisions in the constitution. Preamble serves the following purposes:Constitution of India - 1 Notes | Study Legal Reasoning for CLAT - CLAT
  1. It discloses the source of the constitution.
  2. It lays down the date of the commencement of the constitution.
  3. It set out the rights and freedoms which the people of India wished to secure for themselves.
  4. It declares the nature of the government.

Question for Constitution of India - 1
Try yourself:The Preamble of the Constitution of India secures justice, liberty, equality and fraternity to:
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Text of the Preamble

We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens:

  • Justice, social, economic and political;
  • Liberty, of thought, expression, belief, faith and worship;
  • Equality, of status and of opportunity; and to promote among them all
  • Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;
  • In our constituent assembly, this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this constitution.

The Four Components of the Preamble

  • The Preamble indicates that the source of authority of the Constitution lies with the people of India.
  • It declares India to be a socialist, secular, secular, democratic, and republic nation.
  • It states its objectives to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.
  • It mentions the date (November 26, 1949) on which the constitution was adopted.

The Keywords Used in the Preamble 

  • Sovereign: The Preamble proclaims that India is a Sovereign State. 'Sovereign' means that India has its own independent authority and it is not a dominion or dependent state of any other external power. 
  • Socialist: The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment in 1976. Socialism means the achievement of socialist ends through democratic means. India has adopted 'Democratic Socialism'. 
  • Secular: The term secular in the Constitution of India means that all the religions in India get equal respect, protection and support from the state. 
  • Democratic: The term Democratic indicates that the Constitution has established a form of government that gets its authority from the will of the people expressed in an election.  
  • Republic: No room for hereditary ruler or monarch.
    Question for Constitution of India - 1
    Try yourself:The solemn resolution in the preamble of our constitution is made in the name of
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    Question for Constitution of India - 1
    Try yourself:. What is the true meaning of "Secular"?
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Amenability of the Preamble

Q. Whether Preamble is the part of the constitution?

  • The question of whether the Preamble can be amended or not was resolved by the Supreme Court in the famous Keshavananda Bharati Case (1973). In this case, the Supreme Court held that the Preamble is a part of the constitution and can be amended, subject to the condition that it does not violate the ‘Basic Features of The Constitution’ as propounded by it.

Q. Whether preamble can be amended?

  • The Preamble has been amended only once in 1976, by the 42nd Constitutional Amendment, which added three new words ‘socialist, secular and integrity’
  • It was held that these words are clarificatory in nature and did not make any substantial difference to the polity or the State in the sense that socialism, secularism and national integrity were already implicit in the Preamble and the rest of the Constitution as originally framed.

Question for Constitution of India - 1
Try yourself: In which of the following cases the Supreme Court has held that Preamble is the part of the Constitution?
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Parts of the Constitution

  • Part (i): The Union and its territory (Article 1 to 4)
  • Part (ii): Citizenship (Article 5 to 11)
  • Part (iii): Fundamental Rights (Article 12 to 35)
  • Part (iv): Directive Principles (Article 36 to 51)
  • Part (ivA): Fundamental Duties (Article 51 A)
  • Part (v): The Union (Article 52 – 151)
  • Part (vi): The States (Article 152 – 237)
  • Part (vii): Repealed by Const. (7th Amendment) Act, 1956
  • Part (viii): The Union Territories (Article 239 – 242)
  • Part (ix): The Panchayats (Article 243 – 2430)
  • Part (ixA): The Municipalities (Article 243P – 243ZG)
  • Part (ixB): Co-operative Societies (Article 243H – 243ZT)
  • Part (x): The Scheduled and Tribal Areas (Article 244 – 244A)
  • Part (xi): Relations between the Union and the States (Article 245 – 263)
  • Part (xii): Finance, Property, Contracts and Suits (Article 264 – 300A)
  • Part (xiii): Trade, Commerce and Intercourse within the Territory of India (Article 300 – 307)
  • Part (xiv): Services under the Union and the States (Article 308 – 323)
  • Part (xivA): Tribunals (Article 323A – 323B)
  • Part (xv): Elections (Article 324 – 329A)
  • Part (xvi): Special provisions relation to certain classes (Article 330 – 342)
  • Part (xvii): Official Language (Article 343 - 351)
  • Part (xviii): Emergency Provisions (Article 352 – 360)
  • Part (xix): Miscellaneous (Article 361 – 367)
  • Part (xx): Amendment of the Constitution (Article 368)
  • Part (xxi): Temporary, Transitional and Special Provisions (Article 369 – 392)
  • Part (xxii): Short title, commencement, authoritative text in Hindi and repeals (Article 393 – 395)
    Question for Constitution of India - 1
    Try yourself:Which part of the Indian Constitution deals with Official Language?
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Schedules of the Constitution

  • At the time of enactment of the constitution, there were eight schedules and Schedules 11 and 12 were added by 73rd and 74th amendments. At present, there are 12 schedules to the constitution.
    Constitution of India - 1 Notes | Study Legal Reasoning for CLAT - CLAT

1. First Schedule: It contains the list of States and Union Territories in the country.

  • The State
  • The Union Territories

2. Second Schedule: Contains provisions of the President, Governors of States, Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State, the Judges of the Supreme Court and of the High Courts and the Comptroller and Auditor-General of India the list of states and union territories and their territories.
3. Third Schedule: Forms of Oaths or Affirmations.
4. Fourth Schedule: Allocation of Seats in the Council of States.
5. Fifth Schedule: Provisions as to the administration and Control of Scheduled Areas and Scheduled Tribes.

  • Part A: General
  • Part B: Administration and control of Scheduled Areas and Scheduled Tribes.
  • Part C: Scheduled Areas
  • Part D: Amendment of the Schedule

6. Sixth Schedule: Provisions as to the administration of Tribal Areas in Assam, Meghalaya, Tripura and Mizoram.
7. Seventh Schedule: This schedule gives us the legislative lists:

  • List I: Union List
  • List II: State List
  • List III: Concurrent List

8. Eighth Schedule: Official Languages
9. Ninth Schedule: Article 31 B (First Amendment)
10. Tenth Schedule: Provisions regarding disqualification due to defection (52nd Amendment, 1985)
11. Eleventh Schedule: Article 243G - (Powers, authority and responsibilities of Panchayats subject to the provisions of this Constitution, the Legislature of a State  - 73rd Amendment, 1992)
12. Twelfth Schedule: Article 243W – (Powers, authority and responsibilities of Municipalities, etc. – 74th Amendment, 1992)

Question for Constitution of India - 1
Try yourself:What is the number of Schedules in Constitution of India?
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The Union and its Territory

  • At the time of the enactment of the constitution, India was divided into four types of States. Now, there are only States and Union Territories.
  • The name of the States and Union Territories and the territories covered by each of them is described in the first schedule. It also provides that no State can secede from the union nor can it suo moto vary its territory as given in the First Schedule.
  • Part 1 (Article 1 – 4): Article 1 of the Constitution says, “India, that is Bharat, shall be a Union of States”. The expression Union of States means that the Union of India is NOT a result of an agreement by the states to join the federation and it not being the result of an agreement, no state has the right to get separated from it.

Special Status of Jammu & Kashmir

  • The State of Jammu and Kashmir has been given special status under article 370, which became operative in 1952.
  • The separate Constitution of the State was drafted by the Constituent Assembly of Jammu and Kashmir and became effective on Jan 26, 1957. The state has much greater autonomy than any other state and the centre’s jurisdiction is more limited. 
  • The laws passed by the Parliament DO NOT extend to it automatically unless their extension is approved by the state as well.
  • Jammu and Kashmir was a state of India from 1954 to 2019 but after the Government of India repealed the special status accorded to Jammu and Kashmir under Article 370 of the Indian constitution in 2019, the Parliament of India passed the Jammu and Kashmir Reorganisation Act, which contained provisions that dissolved the state and reorganised it into two union territories – Jammu and Kashmir in the west and Ladakh in the east, with effect from 31 October 2019. At the time of its dissolution, Jammu and Kashmir was the only state in India with a Muslim-majority population.

States and Union - The Timeline

  • In 1956, there were 14 states and 6 union territories. The first state to be created on a linguistic basis was Andhra Pradesh in 1956.
  • In 1960, Bombay was bifurcated into Gujarat and Maharashtra.
  • In 1962, Nagaland was created as a separate state.
  • In 1966, Haryana was carved out of Punjab and Chandigarh became a Union Territory.
  • The state of Punjab was re-organized and divided into Punjab and Haryana on the bases of Shah Commission recommendations.
  • In 1970, the Union Territory of Himachal Pradesh was elevated to a state.
  • In 1971, Manipur, Tripura and Meghalaya were granted statehood.
  • In 1974, Sikkim became an associate state of the Indian Union. By the 36th Constitutional Amendment Act, 1975, Sikkim became a full-fledged State of the Indian Union.
  • In 1986, Mizoram and Arunachal Pradesh came into being.
  • In 1987, Goa came into existence.
  • In 2000, three more new states, i.e. Chhattisgarh, Uttarakhand and Jharkhand were created.
  • In June 2014, the new state of Telangana came into existence on, thus becoming the 29th state of India.

Addition of States to India

  • Manipur added as a state in October 1949.
  • Tripura September 9, 1949.
  • Jammu and Kashmir in 1947.
  • Sikkim on May 16, 1975, Sikkim officially became a state of the Indian Union and Lhendup Dorji became its Chief Minister. In 1975, its subjects voted by plebiscite to become a state of India.
  • The power to carve out a new state vest with the Parliament only.
  • The constitution does not provide for ‘secession’ of any part of the country.

Citizenship of India 

 Part II (Article 5-11)

  • A citizen is a person who enjoys full membership in the community in which he lives. Citizens are different from aliens who DO NOT enjoy CERTAIN Fundamental Rights. Prior to the constitution, there was no concept of “Indian Citizenship”. 
  • All those who lived in British India were under the crown and as such British subjects governed by the British Nationality Acts and those who came from the princely States had the status for British-protected persons.
  • Article 5 -11 merely identifies whether a person is a citizen or not. If a person voluntarily gives up citizenship, his child also loses the citizenship of India.

Citizenship

  • Citizenship involves an individual’s full political membership of the state and his integration into its political system. All public offices are open to a citizen and he is entitled to join all public services. Constitution of India - 1 Notes | Study Legal Reasoning for CLAT - CLAT
  • The citizen has an obligation to pay taxes and defend the country. The Right to Vote and certain fundamental rights are available to citizens only.
  • Single Citizenship: The Indian constitution does not provide for Dual Citizenship.

Acquisition of Citizenship

  • Our constitution provides for single citizenship despite being a federal structure, unlike the USA. All citizens are entitled to the same rights all over the country without any discrimination, subject to some special protections in case of Jammu & Kashmir, tribal areas, etc.
  • Citizenship can be acquired by: 
    (i) By Birth
    (ii) By Descent
    (iii) By Registration
    (iv) By Naturalization
    (v) By Incorporation of Territory
    (vi) By Renunciation
  • The constitution does not provide for the mode of acquisition and termination of citizenship. The Parliament can, by law, could regulate the right of citizenship.

Loss of Citizenship

  • By Termination / Deprivation: Citizenship can be lost by termination, renunciation, or deprivation on certain grounds.
  • The law regarding citizenship is governed by the Citizenship Act, 1955. The law was amended in 1986 to tackle large-scale migration from Bangladesh, Sri Lanka, and some African countries.
  • The Citizenship Act was amended in 2003, by which people of Indian origin, except in Pakistan and Bangladesh, will become eligible to be registered as the Overseas Citizens of India (OCI).
  • The OCIs have entitled to some benefits multiple entries, multipurpose lifelong visas, living and working in India or their country of naturalization.
  • They are not entitled to hold constitutional posts and employment with the government, but they can’t vote.

Question for Constitution of India - 1
Try yourself:In which year, parliament passed the Citizenship Act?
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