1. Introduction to Indian Constitution
What is Constitution?
• Constitution means a document having a special legal sanctity, which sets out the framework and principal functions of the Government.
• There are various forms of Government prevalent across the world. Constitution of a country gives idea about the basic structure of the political system under which its people are to be governed.
• The idea of Constitutionalism suggests ways and means to work out a governmental form, which exercises power and ensures, at the same time, individual freedom and liberty.
• Constitutionalism suggests a way for reconciling the power of the State with individual liberty, by prescribing the principles of organizing the State.
• It defines the powers of the main organ of the State, demarcates their responsibilities and regulates their relationships with each other and with the people.
• It can also be termed as the "Fundamental Law" of a country which reflects people's faith and aspirations.
Significance of the Constitution
• The philosophy embodied in a nation's constitution determines the kind of Government present there.
• A constitution outlines the vision of the state and is its most important document.
• A constitution ensures certain rights to its citizens as well as define their duties.
• A constitution is an expression of faith and hopes, that people have from the state, and the promises that they wish to make for the future.
Is Constitution static?
• A Constitution is an extension of the philosophical and organizational frameworks into the future.
• But as State has to face the challenges of changing social, economic and political conditions in the society.
All living Constitutions provide for procedures for introducing changes in them by means of amendments.
Article-1: India i.e. Bharat – Union of States.
Classification of Constitution:
1) Written Constitution: Provisions have been classified and arranged systematically.
2) Unwritten Constitution: Provisions of the constitution not written in single document. Eg. UK & Newzeland.
Nature of Indian Constitution:
1) Distribution of powers between Centre & State.
2) Supremacy of Constitution:Provisions of Constitution are binding on both Centre & State.
Centralising Features of Indian Constitution:
1) State don’t have separate constitution
2) Presence of Article 352: National Emergency-Federal Structure replaced by unitary structure.
3) Presence of Article 3: Parliament has powers to change names, area, boundary of states.
4) Schedule 7: Distribution of powers between centre & States. It is more in favour of Centre.
5) Article 248: Residuary Powers are vested with Centre.
6) Legislative jurisdiction: Parliament has right to legislate on subjects which are included in state list<249, 250, 252, 253, & 356>.
7) Appointment of Governor: Article 155-> President can appoint any citizen of India as Governor of State .Governor is no way responsible to State People. Is only responsible to President. Appointment of Governor is centralised feature of Indian Constitution.
8) Article 360: Financial Emergency -> President can give direction to state government.
9) Administrative Directions: Articles 256, 257, 365
10)Article 352: Centre is free to give direction on any subject to state.
11)Article 312: Presence of All India Services.
12)Appointment of Judges of High Court.
13)Common Election Commission.
14)Single Citizenship.
Kinds of Majority:
1) Simple Majority or Functional majority: More than 50% of members present & voting.
a) No confidence motion
b) Confidence motion
c) Censure motion
d) Adjournment motion
e) Money, ordinary, financial bill
2) Absolute majority: More than 50 % of the total strength of the house.
3) Effective majority: More than 50 % of the effective strength of the house.
4) Special majority:
a) Majority under Article 249- Not less than 2/3 of the members present & voting.
b) Majority under Article 368- Not less than 2/3 of members present & voting.
c) Majority under Article 61: Impeachment of President. The bill should be passed not less than 2/3rd strength of total house.
Drafting Committee
Drafting Committee, which bore the responsibility of drafting the Constitutional document during the recess of the Constituent Assembly, from July 1947 to Sept 1948, was formed on Aug 29, 1947.
Its members were:
- Dr. B. R. Ambedkar - Chairman
- N. Gopalaswami Ayyangar
- Alladi Krishnaswami Ayyar (a distinguished jurist)
- K.M. Munshi (a distinguished jurist)
- Syyed Mohd. Saadulla
- N. Madhav Rao fin place of B.L. Mitra)
- D.P Khaitan (T Krishnamachari, after Khaitan's death in 1948).
Functioning of the Constituent Assembly
- B N Rao was appointed the constitutional advisor of the Assembly.
- The first meeting of the Constituent Assembly took place on Dec 9, 1946 with Dr. Sachidanand Sinha as its interim President. Dr. Rajendra Prasad was elected as its President on Dec 11, 1946.
- The Assembly had 13 committees for framing the constitution.
The important ones were:
| Committee | Chairman |
| Union Power Committee | Jawaharlal Nehru |
| Fundamental Rights and Minority Committee | V.B Patel |
| Provincial Constitution Committee | V.B Patel |
| Union Constitution Committee | Jawaharlal Nehru |
| Drafting Committee | B.R Ambedkar |
| Flag Committee | Jivatram Kripalani |
| Steering Committee | K.M Munshi |
All these Committees submitted their reports, which were widely discussed by the Constituent Assembly.
Constitutional evolution under British rule
1. Regulating Act 1773
o beginning of British parliamentary control over the East India Company.
o subordination of the presidencies of Bombay and Madras to Bengal.
o Governor of Bengal made Governal-General.
o council of Governor-General established.
o Supreme Court established in Calcutta.
2. Pitt’s India Act 1784
o commercial and political activities of the Company separated.
o established a board of control over the Company.
3. Charter Act 1813
o trade monopoly of the Company abolished.
o missionaries allowed to preach in India.
4. Charter Act 1833
o Governor-General of Bengal becomes Governor-General of India.
o first Governor-General Lord William Bentick.
o ends commercial activities of the Company.
5. Charter Act 1853
o legislative and executive functions of the Governor-General’s council separated.
o open competition for Indian Civil Services established.
6. Indian Council Act 1861
o establishes legislative councils at the centre, presidencies and provinces.
o Governor-General’s executive council to have Indians as non-official members.
o restores legislative power to Bombay and Madras presidencies.
o recognises portfolio system of governance.
7. Indian Council Act 1892
o introduces indirect elections.
o enlarges the function of legislative councils giving the power to discuss the budget and address questions to the executive.
o enlarges the size of the legislative councils.
8. Government of India Act 1898
o administration taken over directly by the British crown.
o office of the Governor-General replaced by the Viceroy.
o first Viceroy is Lord Canning.
9. Indian Council Act 1909 (Minto-Morley Reforms)
o first attempt to introduce representative and popular element to government.
o changed name of Central Legislative Council to Imperial Legislative Council.
o increased the non-official members in the Imperial and Provincial legislative councils .
o non-official members hold majority in the provincial legislative councils, but official members hold majority in the central.
o appointed Indians to the Viceroy’s Executive Council and provincial executive councils.
o established separate electorate for Muslims.
10. Government of India Act 1909 (Montagu-Chelmsford Reforms)
o classified government subjects into central and provincial.
o established dyarchy in the provinces.
o provincial subjects divided into Reserved and Transferred. Reserved subjects administered by the Governor, Transferred subjects by Indian ministers.
o central legislature covered all central subjects and some provincial subjects.
o all bills of the legislatures required Governor-General’s assent, while the Governor-General could enact bills without assent from legislatures.
o established the Public Service Commission.
11. Government of India Act 1935
o provided for the establishment of a Federation of India consisting of the Provinces and Princely States.
o dyarchy withdrawn from the provinces and established at the Centre. Introduced ‘provincial autonomy’.
o introduced direct elections.
o proposed the Federal Legislature to be bicameral.
o administrative subjects divided into Federal, Provincial and Concurrent.
o reserved subjects at the Centre to be administered by the Governor-General.
o Governor-General to be assisted by a Council of Ministers.
o provided for the establishment of a Federal Court with original, appellate and advisory jurisdiction. Appeals from the Federal Court went to the Privy Council in London.
12. Indian Independence Act 1947
o sovereignty and responsibility of the British Parliament for India abolished.
o Governor-General and provincial Governors become constitutional heads.
o the British crown ceases to be the source of authority.
The Constituent Assembly (1946 – 1950)
- First met on 09 Dec 1946.
- consisted of 389 members. 292 were elected from the Provinces, 93 were nominated by the Princely States, and 4 were nominated from the Chief Commissioners Provinces.
- Dr. Sachidananda Sinha was the first President of the Constituent Assembly
- The Preamble of the Constitution was a modification of the ‘Objective Resolution’ introduced by Jawarharlal Nehru.
- The Assembly appointed 22 committees.
- The most important of these committees was the Drafting Committee, set up in Aug 1947.
- The Drafting Committee had 7 members. B.R. Ambedkar was its Chairman.
- The Drafting Committee published the Draft Constitution in Feb 1948, which was adopted on 26 Nov 1949.
- The Constitution came into effect on 26 Jan 1950. However, certain provisions regarding citizenship, elections, provisional parliament and presidential election procedures came into effect earlier, on 26 Nov 1949.
- 26 Jan was chosen in significance of the informal ‘Independence Day’ observed in 1930.
- The term of the Constituent Assembly ended on 24 Jan 1950. However, it re-emerged as the Provisional Parliament on 26 Jan 1950, and remained so until the first Lok Sabha elections.
- The President of the Constituent Assembly, Rajendra Prasad, became the first President of India.
- Gandhi and Jinnah were not members of the Constituent Assembly.
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