CONSTITUTION OF INDIA, LAW AND ENGINEERING (KNC-501)

Unit-01

Module 1--Introduction and Basic Information about Indian Constitution:

Meaning of the constitution law and constitutionalism, Historical Background of the
Constituent Assembly, Government of India Act of 1935 and Indian Independence
Act of 1947,Enforcement of the Constitution, Indian Constitution and its Salient
Features, The Preamble of the Constitution, Fundamental Rights, Fundamental
Duties, Directive Principles of State Policy, Parliamentary System, Federal System,
Centre-State Relations, Amendment of the Constitutional Powers and Procedure,
The historical perspectives of the constitutional amendments in India, Emergency
Provisions: National Emergency, President Rule, Financial Emergency, and Local
Self Government – Constitutional Scheme in India.
Meaning of the constitution law and constitutionalism:

Constitution: The word ‘Constitution’ is developed from the word ‘Constitute’,

which means ‘to frame or to establish or to compose’. According to the Oxford
English Dictionary, ‘Constitution’ means a ‘system’, according to which the laws
and principles of the State is governed. It is a set of fundamental rules according to
which the government of a State. It is a document which contains the rules and
regulations guiding the administrations of a State. It defines the relationship between
the rulers and the ruled and how rulers are created in the country. It may be written,
or unwritten as in the case of Great Britain. It explains the powers belonging to the
government, the fundamental rights of the citizens and the relationship between the
citizens and the government. It upholds the principle that all citizens are equal before
the law.

Few Definitions of Constitution

The way of life the state has chosen for itself – Aristotle

It is the collection of principles according to which the powers of the government,

the rights of the governed and the relation between the two are adjusted – Woolsey

It is that body of rules, or laws written or unwritten which determines the

organization of government, the distribution of power to the various organs of the
government and the general principles on which these powers are to be exercised –
Gilchrist

It consists of those of its rules or laws which determine the form of the government
and the respective rights and duties of the citizens towards the government – Lord
Bryce

It is the rules which govern the State – Maciver

Partition and Independence of India

Wavell Plan and Shimla Conference: Lord Wavell relieved Linlithgao as the new
Viceroy of India in October, 1943. The Second World War also ended in 1945.
Elections were to be held in England. Sensing the increasing popularity of the
Labour Party, the Churchill government again tried to convey the message that the
British government was determined to carry out the constitutional reforms in India.
Churchill called Lord Wavell to England in 1945 for discussion. On his arrival back
in India, Lord Wavell offered a new plan for Constitutional Reforms. Lord Wavell
summoned Conference of Indian leaders at Shimla on 25th June, 1945. All the
political persons were released from jails. Gandhi was also set free from the house
arrest. The representatives of the Congress, the Muslim League, Sikhs, the oppressed
class and the Europeans in the Central Parliament attended the Conference. Lord
Wavell tabled his Plan and which was outlined the proposal to end the communal
problem, remove the political deadlock and reconstitution of the Executive Council
of Viceroy.

It was proposed to leave the Executive Council completely in charge of the Indians,
excepting the Commander-in-Chief. All the departments were proposed to be
transferred to the Indians. The responsibility of the new Council was to devise the
system of Administration and Constitution. Under the plan, the Viceroy’s authority
and rights were to remain intact, but the Viceroy was not misuse his authority and
rights. It was also proposed to summon a joint meeting of all parties to prepare
anonymous or separate lists for appointment of members of the Executive Council.

On papers, the Wavell Plan appeared reasonable and progressive, but in practice,
Lord Wavell did nothing to remove the communal and separatist trends, he rather
helped it to take deeper roots. The appointment of the members to the Executive
Council became a bone of contention. The scheduled tribes demanded separate
representation. The Plan as well as the Conference ended in failure, due to the
unreasonable attitude of Jinnah and short-sightedness of Lord Wavell, on 14th July,
1945.
In the general elections of England, held in July, 1945, the Labour Party of England
gained majority and Churchill was replaced by C. R. Attlee as the new Prime
Minister of England. The Labour Party was moderate in its policy towards India.
Soon after this Lord Wavell was summoned to England for talks on the Indian
problems. Attlee announced holding of elections in India for the Provincial as well
as the Central Councils. In 1945-46 elections, the Congress gained in the general
category and Muslim League in reserved category. The Congress won 57 and the
Muslim League 30 seats for the Central Assembly. Likewise, Congress got majority
in the Provincial Councils. In the Hindu dominated provinces, the Congress formed
the cabinet. The Muslim League formed the government in Bengal and Sind, but in
Punjab, a coalition government was formed under the leadership of Khijr Hayat
Khan.
Cabinet Mission Plan: The position of the British after the end of Second World
War was in critical situation and they wanted to please Indians in order to prolong
their rule in India. The British could no more depend on the Indian Administrative
Machinery, the Indian Police or the Indian Army. That was the greatest problem.
The entire nation was engulfed by Movements and the indigenous kings were up in
revolt. Police had joined in these revolts. The revolt by the men of the Indian Navy
on 18th February, 1946 added fuel to the fire. The British government got perturbed.
Attlee announced on 19th February, 1946 to send a Cabinet Mission to India to look
into the problems of the Indians. He also said that it was the right of India to decide
what kind of the constitution they wanted. Attlee demanded the protection of the
rights of the minority to stop the people in majority from taking strides in their
progressive policies. It was an important announcement. First time, the British
government had uttered the word ‘Freedom’. The Cabinet Mission reached Delhi on
24th March, 1946. The objective of the Mission was to help India for achieving
freedom as early as possible. The Mission spent nearly three weeks in discussion
with the representatives of the various political parties. Bringing the Congress and
the Muslim League closer was the greatest act of the Cabinet Mission.
Indian Independence Act, 1947:
After the Cripps Mission failed in 1942, the British made one more effort in 1946 to
transfer power as smoothly as possible to a united successor state. Accordingly, the
Cabinet Mission arrived in India in 1946 under a directive from the Labour Prime
Minister, Sir Attlee, to try and achieve the impossible. Surprisingly, it almost did.
India was to be divided into three categories of States with the right to secede
enshrined in the new Constitution, according to its proposal. Both the Congress and
the Muslim league accepted the offer in principle.
The election to the Constituent Assembly was held in July, 1946 under the Cabinet
Mission Plan. However, after the elections were over, the Muslim League refused to
cooperate with the Congress in the Constituent Assembly. As a result thereof, the
political situation in the country deteriorated and commenced countrywide
communal riots. The Muslim League demanded a separate Constituent Assembly
for Muslim India. On 3rd June, 1947, Lord Louis Mountbatten, the last British
Governor-General of India, announced his Plan for scrapping the Cabinet Mission
Plan and partitioning of the country into India and Pakistan. The Mountbatten Plan
was finally accepted by the two leading parties in India and also the British
Government.
Accordingly, the Indian Independence Act was passed by the British Parliament on
18th July, 1947 providing for the setting up a Dominion of India and Dominion of
Pakistan on 15th August, 1947 and made them independent and free. Thus, power
was transferred to the Indian hands on 15th August, 1947. Sovereignty of the British
Parliament over these territories and the paramountcy of the British over the Indian
States lapsed. As a result, the British Empire in India ceased to exist. Ever since then,
15th August is celebrated as India’s Independence Day.
The main Provisions of the Indian Independence Act, 1947 are as follows:
New Dominions: The Act set up two Dominions – India and Pakistan – from 15th
August, 1947. Article 2 of the Act determined the territories of the two Dominions.
The Pakistan Dominion was to consist of Baluchistan, Sind, West Punjab, North
West Frontier Province (NWFP), and East Bengal, including Sylhet district of
Assam. The remaining parts of British India were to constitute the Indian Dominion.
The fate of NWFP was to be decided by a referendum before 15th August, 1947
whether it was to join Pakistan or not. Similarly, a referendum was to be held in the
Sylhet district of Assam and if the majority of votes cast went in favour of its joining
Pakistan, it would form a part of East Bengal. The exact boundaries of these
Provinces – West Punjab and East Bengal, including Sylhet – were to be determined
by a Boundary Commission to be appointed by the Governor General. Till then these
were to consist of the Muslim majority districts in Punjab and Bengal Provinces,
respectively.
Governor-General: The Act provided that for each Dominion, “there shall be a
Governor-General to be appointed by His Majesty for the purpose of the governance
of the Dominion”. The same person, unless the Legislature of each of these
dominions passed a law otherwise, could be a Governor-General of both the
Dominions.
Legislatures: Until a new Constitution was framed for each Dominion, the Act
made the existing Constituent Assemblies the Dominion Legislatures for the time
being. The Dominion Legislatures were given full powers to make laws for their
Dominions. They could pass laws having extra territorial operation. They could
repeal or amend any Act of the British Parliament if the same was not in the interests
of the Dominion concerned. No Act of the British Parliament in future shall extend
to a Dominion unless it was extended by the law of the Legislature of the Dominion
concerned.
Temporary Provisions as to the Government of each Dominion: The Constituent
Assembly of each Dominion was to act as Legislature of that dominion. Also it was
to exercise powers for framing the Constitution of the Dominion. Except in so far as
the Constituent Assembly enacted laws, each Dominion was to be governed so far
as possible in accordance with the Government of India Act, 1935. However,
discretionary and individual judgment powers of the Governor-General and
Governors under that Act were to lapse. Similarly, no bills of the Provincial
Assemblies could be reserved for the assent of His Majesty’s pleasure. Nor could
His Majesty disallow a Provincial Law any more.
Indian States: The sovereignty of the British Crown over the Indian States lapsed
with effect from 15th August, 1947. Along with this, the treaties and agreements
between His Majesty and the Indian States also lapsed. All authority, powers, rights
or jurisdiction exercisable by His Majesty in relation to these States and all
obligations and functions of His Majesty in relation thereto, also lapsed. The States,
thus, became sovereign entities. The States were given the freedom, if they so
wished, to join India or Pakistan, or to remain as independent entities.
Tribal Areas: As in the case of Indian States, the treaties and agreements between
His Majesty and any person having authority in the tribal areas lapsed; and so did
the obligations, rights and functions of His Majesty under such agreements and
treaties.
Abolition of the Office of Secretary of State for India: The Office of the Secretary
of State for India and his advisory board were abolished and instead the Secretary of
Commonwealth Relations was to handle matters between the Dominions and Great
Britain.
British Monarch was no longer Emperor of India: The title ‘Emperor of India’
was deleted from the Royal style of the British Monarch.
Making or Framing of Indian Constitution
World War II in Europe came to an end on 9th May, 1945. In July, a new
Government came to power in the United Kingdom. The new British Government
announced its Indian policy and decided to convene a Constitution Drafting Body.
Three British Cabinet members were sent to find a solution to the question of India’s
Independence. This team of Ministers was called the Cabinet Mission. The Cabinet
Mission discussed the framework of the Constitution and laid down in some detail
the procedure to be followed by the Constitution Drafting Body.
The Constitution of India was drawn up by a Constituent Assembly (established in
accordance with the Cabinet Mission Plan) initially summoned on 9th December,
1946, under the Presidentship of Sachidananda Sinha, for undivided India in the
Constitution Hall (now it is called as Central Hall of Parliament House). On 1st July,
1947, the British Parliament passed the ‘Indian Independence Act’, to divide into
India and Pakistan. With the partition of India, the representatives of East Bengal,
West Punjab, Sind and Baluchistan, NWFP and the Sylhet district of Assam, which
joined Pakistan, ceased to be members of the Constituent Assembly.
On 14th August, 1947, the Constituent Assembly met again as the Sovereign
Constituent Assembly for the dominion of India under the Presidentship of Mr.
Sinha. On the demise of Mr. Sinha, Dr. Rajendra Prasad became the President of the
Constituent Assembly (11th December, 1946). A Draft Constitution was published
in February, 1948. 284 out of 299 members appended their signature to the
Constitution and finally adopted it on 26th November, 1949. It came to effect on
26th January, 1950. The Constituent Assembly took almost three years (two years,
eleven months and eighteen days to be precise) to complete its historic task of
Drafting the Constitution for Independent India. During this period, it held eleven
sessions covering a total of 166 days. Of these, 114 days were spent on the
consideration of the Draft Constitution. Its sessions were open to the press and the
public.
NOTE: The Constituent Assembly was elected by indirect election by the members
of the Provincial Legislative Assemblies under a scheme formulated by the Cabinet
Mission. The Constitutional Adviser to the Assembly Sir B. N. Rau prepared a Draft
Constitution in October 1947. It contained 243 Articles and 13 Schedules. A
Drafting Committee was elected by the Constituent Assembly on 29th August, 1947.
It elected Dr. B. R. Ambedkar to be its President. The Constitution as prepared by
the Drafting Committee was circulated on 21st February, 1948. This formed the
basis of discussion in and outside the Constituent Assembly. It contained 315
Articles and 8 Schedules and was introduced on 4th November, 1948 by Dr.
Ambedkar. The total number of amendments to the Draft Constitution tabled was
7635 and while 2473 amendments were actually moved in the Assembly.
 Main / Salient Features of Indian Constitution
1. Written and Lengthiest: It is written one and is also the lengthiest in the world.
2. Preamble: At the beginning, there is a Preamble, which is important in several
aspects. It narrates the ideals (Justice, Equality, Individual Dignity, Fraternity and
National Unity) and aspirations of the Indian people.
3. Republic: India is a Republic. As a Republic, people have a right to form their
own government and to elect the head of the government. 12 Indian Constitution
4. Government of the People: It upholds a form of government which is of the
people, by the people and for the people. People have the right to elect their own
rulers.
5. Fundamental Rights and Duties: It has given SIX Fundamental Rights to the
citizens. The government cannot take away any of these rights. When these rights
are violated, the Judiciary would come to the rescue of the citizens. In addition to
the Fundamental Rights, it has stated TEN + ONE Fundamental Duties to be
performed by the citizens.
6. Secularism: As per the principle of secularism, the government must be impartial
towards all the religions followed by its citizens. There shall be no ‘State Religion’.
At the same time, the government guarantees freedom of faith and worship to all
citizens. However, the government has the right to restrict religious freedom when
it disturbs public peace, as well as law and order.
7. Independent and Impartial Judiciary: Under the democratic system, all citizens
are equal before the law. There cannot be different sets of laws for the different
groups of people. The judiciary is expected to provide justice to all the sections of
the society. Therefore, the Judiciary is given adequate powers. The Supreme Court
acts as a guardian of the Constitution in place of the Privy Council.
8. Universal Adult Franchise: The system of election of representatives by all the
adults of a country is called as Universal Adult Franchise. In India, an adult means
one who is above the age of eighteen.
9. Equal Rights to Women: Here, both men and women have been given equal
rights. The exploitation of women is considered an offence. Both get equal pay for
equal work.
10. Eradication of Untouchability: It has prohibited the practice of untouchability
in the country. The practice is deemed a crime and offenders can be punished.
11. A Welfare State: A State which aims at providing social and economic security
to all its citizens is known as a Welfare State. Social Security must be provided to
the citizens so that they would live a peaceful life. They should have employment
and adequate income, food, clothes, shelter and health care. The aged and destitute
must get proper protection. It protects the weaker sections from exploitation, and
provides equal social, economic and political opportunities to all citizens.
12. It is federal in form but unitary in spirit.
13. It is neither too rigid (as some provisions can be amended by a simple majority)
nor flexible (as some provisions require special majority for amendment).
14. The President of the Union is the Constitutional Head, the Council of Ministers
or the Union Cabinet is the Real Executive and is responsible to the Lok Sabha.
The Preamble of Our Constitution
It has great significance / importance that we should try to understand it.
The Preamble begins with “We, the People of India” which means that the
Constitution derives its authority from the people of India. So the ultimate source of
all power is vested in the people. The sovereignty of the nation belongs to the people.
Before Independence, we were under the British Rule. The Queen of Britain was the
Sovereign Head of the State and we had no power to make law. Now the President
is the Head of our State / Nation and the Sovereign power belonging to the State /
Nation is vested in our Parliament, which represents the people of India, who are the
masters of their own destiny. SOVEREIGN means the independent authority of the
State. It means that it has the power to legislate on any subject; and that it is not
subject to the control of any other State or External Power. That means, the word
‘Sovereign’ means supreme or independent. India is internally and externally
sovereign - externally free from the control of any foreign power and internally, it
has a free government which is directly elected by the people and makes laws that
govern the people.
The word ‘SOCIALIST’ was added to the Preamble by the 42nd Amendment Act of
1976. It implies social and economic equality. Social equality in this context means
the absence of discrimination on the grounds of caste, colour, creed, sex, religion,
language, etc. Under social equality, everyone has equal status and opportunities.
Economic equality means that the government will endeavor to make the distribution
of wealth more equal and provide a decent standard of living for all. India has
adopted a mixed economy and the government has framed many laws to achieve the
aim of socialism, such as the Abolition of Untouchability and Zamindari, The Equal
Wages Act and The Child Labour Prohibition Act.
The word ‘SECULAR’ was inserted into the preamble by the 42nd Amendment Act
of 1976. Ours is Secular, which means that the State has no official religion. Here,
all religions are equal. The freedom to follow any religion is guaranteed by the
Constitution. Every person has the right to preach, practice and propagate any
religion they choose. The government must not favour or discriminate against any
religion. It must treat all religions with equal respect. All citizens, irrespective of
their religious beliefs are equal in the eyes of law. No religious instruction is
imparted in government or aided schools.
India is a DEMOCRACY. The people of India elect their governments at all levels
(Union, State and Local) by a system of Universal Adult Franchise. Every citizen of
India, who is 18 years of age and above and not otherwise debarred by law, is entitled
to vote. Every citizen enjoys this right without any discrimination on the basis of
caste, creed, colour, sex, religion or education. Elections are conducted once in FIVE
years to elect our representatives or Head of the State (President) and the Executive.
The various policies of the State are decided by them.
As opposed to a monarchy, in which the Head of the State is appointed on hereditary
basis for a lifetime or until he abdicates from the throne, DEMOCRATIC
REPUBLIC is an entity in which the Head of the State is elected, directly or
indirectly, for a fixed tenure. The President of India is elected by an Electoral
College for a term of five years. It means a Government of the people, by the people
and for the people (Abraham Lincoln - famous speech at Gettysberg).
Our Constitution has upheld Equality. So, there is no scope for inequality based on
race, religion, language, sex, etc. practice of Untouchability is prohibited and it a
crime.
Our Constitution assures freedom to one and all. No one is arrested without the
consent of law. All laws are equal and all are equal before law. Our Constitution
assures us the Justice: Social, economic and political through various measures of
laws; and there is no scope for exploitation of weaker sections of the society or
women. Social justice means that the state will treat all citizens as equal and will not
discriminate between them on the basis of religion, caste, gender, race, status or
place of birth. Economic justice means that the state will attempt to reduce the
economic disparities between rich and the poor and will try to bring about equality
in incomes. Political justice means that the state assures all people equal
opportunities to participate in political activities.
Barker calls FRATERNITY as principle of cooperation. It includes a bunch of right
to share and enjoy the common resources and services of the Nation, like, education,
police, health and other services.
FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES
Fundamental Rights:
As citizens of India, we are all assured some fundamental rights and duties.
‘Fundamental Rights’ protects us from injustice and ‘Fundamental Duties’ enables
us to contribute to the welfare of the nation.
Rights: The privileges given to the citizens are their rights. Some are natural rights
(like the right to live, right to self-protection) and some others are legal rights (like
right to equality, right to education). Rights are the bases of a democratic country.
Fundamental Rights: The Indian Constitution has given certain Fundamental Rights
to all the citizens. These have been specified in the Constitution. They have also
been guaranteed and supported by law. The Fundamental Rights comes under the
Part III of the Constitution of India. It is necessary for every individual to live a
complete and satisfactory life. All citizens are assured SIX Fundamental Rights.
They are as follows:
1. Right to Equality: Here, all are equal before the law and also nobody is above
the law. All should get equal protection of the law. It states that all citizens should
be treated as equals irrespective of religion, race, caste, gender, or birth of place. It
means there is supremacy of law or ‘Rule of Law’. All citizens enjoy equal
opportunities to take up government employment under this right, Untouchability is
an offence.
2. Right to Freedom: The Constitution has listed SIX types of freedom:
Freedom of Speech and Expression
Freedom to Assemble Peacefully
Freedom to form Associations
Freedom to move freely throughout India
Freedom to reside and settle in any part of India
Freedom to practice any Profession, Occupation, Trade or Business
3. Right against Exploitation: The aim is to prevent exploitation of women,
children and the weak. The Union and State Governments have enacted several laws
to prevent exploitation. For instance, both, giving and receiving dowry is punishable
under the law; the system of bonded labor, and has been prohibited; employment of
children in mining, manufacture of beedi and fire-works and such other dangerous
occupations is prohibited. This is meant to protect members of the weaker sections.
4. Right to Freedom of Religion: Since India is a secular country, every citizen has
a right to practice and propagate his / her religion. However, the State may impose
restrictions in the interests of public order, morality and health.
5. Cultural and Educational Rights: This protects the interests of religious and
linguistic minorities. They have the right to protect their language, script or culture.
They may establish and administer their own educational institutions.
6. Right to Constitutional Remedies: The Constitution has not only given
Fundamental Rights to the citizens of India but also guaranteed them. When rights
are violated, the citizens appeal to the court of law for their protection. The court of
law is empowered to enforce the Fundamental Rights. On any matter relating to a
Fundamental Right, a citizen may file a petition in the High Court / Supreme Court.
Such petitions are known as Writ Petitions. The Indian Parliament may even curtail
or suspend Fundamental Rights under certain extraordinary circumstances.
Fundamental Right is from Articles 12 to 35 in the Constitution of India.
Fundamental Duties:
The Fundamental Duties are one’s obligations towards the country. When citizens
voluntarily perform them, the country is sure to make rapid progress. The
Fundamental Duties (Article 51A) did not form part of the Constitution as originally
adopted. They were included on 11th December, 1976 by the 42nd Amendment.
None of the major democracies like United States of America, Australia, Canada,
France, Germany, etc. contain a table of Fundamental Duties. The Duties (10 + 01*
= 11) of the citizens enumerated are as follows:
1. To abide / respect by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem.
 2. To cherish and follow the noble ideals which inspired our national struggle for
freedom
3. To uphold and protect the sovereignty, unity and integrity of India
4. To defend the country / motherland and render national service when called upon
to do so
5. To promote harmony and spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women
6. To value and preserve the rich heritage of our composite culture
7. To protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living creatures
8. To develop the scientific temper, humanism and the spirit of inquiry and reform
9. To safeguard the public property and to abjure violence
10. To strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavor and achievement
11. * Who is a parent or guardian to provide opportunities for education to his child
or, as the case may be, ward between the age of six and fourteen years [* Inserted
by the Constitutional (86th Amendment) Act, 2002].
Directive Principles of State Policy
Our Constitution aims at the establishment of a Welfare State. To achieve this aim,
the Constitution has framed certain principles and policies. It has also given certain
directions to the state to serve as guidelines. Such guiding principles are known as
Directive Principle of State Policy. Directive Principles of State Policies are also
called as the ‘Instrument of Instructions’. These principles are for the good
governance of the country. These principles cannot be enforced in the courts. The
Directive Principles of State Policy is given under Part IV of the Constitution. This
Part contains Articles from 36 to 51. These Articles deals with almost all the
necessary duties and functions to be done by the state. These Articles deals with
education, environment, village panchayats, equal justice & free legal aid, the wages
for workers, etc. The Provisions / Articles of Directive Principles of State Policy are
as follows:
1. Article 36: Defines the word ‘State’
2. Article 37: Application of the Principles contained
3. Article 38: State to secure a social order for the promotion of welfare of the people
4. Article 39: Certain Principles of Policy to be followed by the State
5. Article 39A: Equal justice and free legal aid
6. Article 40: Organization of Village (Grama) Panchayats
7. Article 41: Right to work, to education and to public assistance in certain cases
8. Article 42: Provision for just and humane conditions of work and maternity relief
9. Article 43: Living wage and other welfare measures for the workers
10. Article 43A: Participation of workers in the management of industries
11. Article 44: Uniform Civil Code for the citizens
12. Article 45: Provision for free and compulsory education for children
13. Article 46: Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections
14. Article 47: Duty of the state to improve the level of nutrition, standard of living
and to improve the public health
15. Article 48: Organization of agriculture and animal husbandry
16. Article 48A: Protection and improvement of environment and safeguarding of
forests and wild life
17. Article 49: Protection of monuments and places and objects of national
importance
18. Article 50: Separation of judiciary from executive
19. Article 51: Promotion of international peace and security
The Directive Principles may be grouped as follows
a. Certain Ideals
b. Certain Directions
c. Certain Rights of Citizens
Directive Principles of State Policy may be summarized as follows:
Social Justice: Assuring social, economic and political justice to the citizens for the
purpose of promoting their welfare.
Social Justice to the weaker sections of the society: Providing adequate means of
livelihood; preventing economic exploitation; giving facilities for their educational
and economic development; and providing free legal aid
Women and Child Welfare: This includes equal pay for equal work; maternity
relief to women; protecting children against exploitation, and providing
opportunities for their healthy development; and giving free and compulsory primary
education.
Labour Welfare: Promoting the welfare of workers and giving them opportunities
to participate in the management of industries.
Help to the Needy: Public assistance to those who are unemployed, old and ill.
Development of Agriculture: Organizing agriculture and animal husbandry
modern lines and developing cottage industries.
Environment: Protecting and improving the environment, so that natural resources
and the flora and fauna can be sustained.
Protection and Maintenance of places of Historic interest: Historical monuments
are part of our heritage and the state must protect and maintain them.
Promotion of International Peace and Amity: The State must develop good
relations with all neighboring States (Countries).
Principles: The Directive Principles are the basic principles of a new social and
economic order or of a welfare State. These may be grouped under three categories
i.e. Socialistic Principles, Gandhian Principles and Liberal Principles.
Socialistic Principles:
To secure and protect a social order which stands for the welfare of the people
(Article 38).
The State shall direct its policy towards securing: adequate means of livelihood to
all citizens, a proper distribution of the material resources of the community for the
common good, the prevention of concentration of wealth to the common detriment,
equal pay for equal work for both men and women, the protection of the strength
and health of workers and avoiding circumstances which force citizens to enter
avocations unsuited to their age or strength, protection of childhood and youth
against exploitation of moral and material abandonment (Article 39).
The State shall secure equal justice and free legal aid to the poor (Article 39A).
All people should get employment, education and public assistance in the case of
unemployment (Article 41).
To secure just human conditions of work and maternity relief (Article 42).
Weaker sections of the society are given a proper care (Article 46).
Gandhian Principles
State shall organize village panchayats as units of self-government (Article 40).
To secure work, a living wage, a decent standard of life, leisure and social and
cultural opportunities for people and in particular to promote cottage industries
(Article 43).
To promote with special care, the educational and economic interest of the weaker
sections of the people, especially the scheduled castes and tribes (Article 46).
To secure the improvement of the public health and the prohibition of intoxicating
drinks and drugs (Article 47).
To organize agriculture and animal husbandry on scientific lines and preserve and
improve the breeds and prohibit the slaughter of cows, calves and draught cattle
(Article 48).
Liberal Principles
To secure a uniform civil code applicable to the entire country (Article 44).
To provide within ten years from the commencement of the Constitution, free and
compulsory education to all children up to the age of 14 years (Article 45).
To protect all monuments of historical interest and national importance (Article 49).
To bring about the separation of the judiciary from the executive (Article 50).
To endeavour to secure, the promotion of international peace and security, the
maintenance of just and honorable relations between nations, the settlement of
international disputes by arbitration (Article 51).
 Parliamentary System
Union Legislature It is also called as Parliament. The Parliament of India consists of
the President of India and the two Houses, namely, Rajya Sabha (Upper House /
House of States / RS) and Lok Sabha (Lower House / House of People / LS). The
sessions of the Parliament are held in the Parliament House at New Delhi. Here, the
Members of the Parliament make laws which are applicable to the whole of India.
Though the President of the Republic is not a Member of the Parliament, he is an
indivisible part of the Parliament. Both the Houses of Parliament must meet at least
twice a year. The Members of the Rajya Sabha and Lok Sabha are called Members
of the Parliament. They enjoy freedom of speech and expression in the Parliament
and the opinions expressed by them cannot be questioned in a Court of Law.
Powers and Functions of the Parliament Legislative: The main function of the
Parliament is to make laws. It can also amend or revoke (withdraw) existing laws.
Financial: The Finance Bill must be presented and discussed first in the Lok Sabha.
After being passed by the Lok Sabha, the Bill goes to the Rajya Sabha for approval.
Thereafter, it is sent to the President of India for assent. Also, the Union Government
cannot collect taxes and money without the approval of the Parliament. Hence, the
Parliament has full control over the financial matters of the country.
Administrative: The questions put by the Members must be answered by the
concerned Ministers. The Members are expected to keep a watch over the
functioning of various Departments. They can point out the lapses and misuse of
powers on the part of the Minister
Constitutional: The Parliament has power to amend or change some Articles of the
Constitution.
Other Powers: The Members of the Parliament and the Members of the Legislative
Assemblies of all States elect the President of India. However, the Vice President of
India is elected by the Members of the Parliament.
Sessions of Parliament
Under the Article 85, the President has the power to summon and prorogue either
House of Parliament from time to time and to dissolve the Lok Sabha. The interval
between the two sessions must not exceed six months. There are generally three
sessions in a year.
The Budget Session: It commences in the 3rd week of February. This being the first
session of the year it commences with the address by the president on the first day
to both the Houses assembled together. A few days later, the Railway Budget is
presented. On the last day of the month, the General Budget is presented. The time
for the presentation used to be 5 p.m. but from the year 2001, it has been changed to
11 a.m. after the presentation of the Budget, the Houses pass a motion of thank to
the President for his / her address. After that the Railway Budget and then the
demand for grants are taken. The Finance Bill which gives effect to the Budget
proposals and the relevant Appropriation Bills are passed. As most of the time, an
attention is devoted to the Budget; this session is called the Budget Session.
The Monsoon Session: It begins usually in the 3rd week of July. It is the rainy
season for us connected with the arrival of the monsoon, which gives the session its
name. The session is mostly devoted to legislative business.
The Winter Session: It starts in early November and ends in the 3rd week of
December. Apart from the usual questions, calling attention and other motions, the
major portion of time is set aside for legislative work.
Federal System
The basic principle of Federation is that the Legislative and Executive authority is
partitioned between the Center and the States not by any law to be made by the
Center. This is the principle embodied in Indian Constitution. It is generally regarded
that in a Federation governmental functions are shared by the Central or Federal
government and the State governments. These two governments are coordinate and
independent of each other.
A Federal Constitution generally possesses the following five characteristics:
Dual or two sets of governments: In a unitary State as the name indicates there is
only one government, i.e. the national government. In a federation, two sets of
governments co-exist, i.e. the national (or union or central or federal) and state
governments. These two governments derive their powers from the same source (the
Constitution) and are controlled not by the other but by the Constitution.
In order to make the distribution clear and permanent, it must be reduced to writing
and must be made amendable to amendments and changes by observing the
procedure laid down in the Constitution itself.
Constitution is regarded as a higher law which is there for the Union and States to
obey and honour. None of the Units (Union and States) has the authority to override
or disregard the Constitution. In some cases, the Union may have overriding powers
but in relation to the divisions of power. Federal Constitutions guard attentively the
distribution of powers and do not tolerate encroachments.
Rigidity does not mean that the Constitution is not subject to any change and must
remain in the same static condition. The amending process should lay down as a
precondition the concurrence of both. Our Constitution provides amendment by a
special majority at the Union followed by at least half of the States.
In a federation, there is possibility of a State encroaching upon the field of another
State. There is also the possibility of the Union trespassing on the rights of one or
more States as also the States purporting to exercise the functions of the Union. To
take care of such contingencies, a federation contemplates an independent judicial
body which will decide the rights of the Units and keep them confined within their
limits. The Courts have the last word in regard to questions involving the
interpretation of the Constitution.
Centre-State Relations
India is a federation having a federal Constitution. In a federation, there are two sets
of Governments. The Constitution divides all powers between the two – The Union
and the States. It is the mark and essential feature of a federal polity that powers are
divided and distributed between the Union Government and the States.
The Constitution of India provides for a polity with clearly defined spheres of
authority between the Union and the States to be exercised in the fields assigned to
them. There is an independent Judiciary to determine issues between the Union and
the States or among States to be exercised in fields assigned to them respectively.
The Administrative Reforms Commission, the Rajamannar Committee and the
Sarkaria Commission all went into the working of the existing consultative
mechanisms and assessed the requirements of the prevailing discords and strongly
pleaded for setting up of an Inter State Council with a comprehensive mandate. They
have categorically observed that piecemeal departmental bodies have not served the
purpose of a truly federating consultative body and that the remedies lies in nothing
short of setting up of an Inter-State Council envisaged under Article 263 of the
Constitution.
Administrative Reforms Commission: The report on Center-State Relations
submitted in 1969, constituted as per Article 263 to cover problems relating to or
arising out of the Constitution, Legislative Enactments, Administration and Finance.
It consists of the Prime Minister as Chairman and the Union Home Minister, the
Union Finance Minister, Leader of the Opposition in the Lok Sabha and five
representatives, one each from the five Zonal Councils, as Members.
Rajamannar Committee: A Center-State Relations Inquiry Committee was set up
by the then DMK Government of Tamil Nadu on 2nd September, 1969 under the
Chairmanship of Dr. P. V. Rajamannar to consider the entire question regarding
relationship that should subsist between the Center and the States in a federal set up.
The Committee in its report recommended that ‘The Inter-State Council should be
constituted immediately’ and that “no decision of national importance or which may
affect one or more States should be taken by the Union Government except after
consultation with the Inter-State Council”. The Committee further recommended
that “every Bill of national importance or which is likely to affect the interests of
one or more States should, before its introduction in Parliament, be referred to the
Inter-State Council and its views thereon should be submitted to the Parliament at
the time of introduction of the Bill”.
Sarkaria Commission: It went at considerable length into the justification for
establishing a permanent Inter-State Council as an independent national forum for
consultation with a mandate well defined in accordance with Article 263. It
recommended that for coordination of policies and implementation in a dual polity
especially in view of large areas of common interest and shared action requires a
sustained process of contact, consultation and interaction, for which a proper forum
is necessary. Union and States can entrust their executive functions to each other.
States are dependent on Union for fiscal resources and in many administrative
matters. Interdependence is indispensable in a diverse and developing society.
Institutionalized and sustained consultation is indispensable in view of this
interdependence. It recommended setting up of a Council under Article 263 of the
Constitution for this purpose.
Miscellaneous Inter-State Consultative Forums: With the growing complexity of
problems on Center-State Relations, a few consultative bodies were set up to review
the policy and other related matters and to arrive at a consensus on different
contentious issues after adoption of the Constitution.
The powers which are so shared are generally of four types:
Legislative Relations
Administrative / Executive Relations
Financial Relations
Judicial Relations
Amendment of the Constitutional Powers and Procedure
Amendment of the Constitution Nothing may remain static in the world. Nature
demands change. A political society undergoes changes with the passage of time. To
face new problems and challenges changes and modifications are called for in all
aspects of national life. Just as the education system gets a new look, the industrial
policy changes to serve the needs of the society, changes are required to be made in
the laws and in the Constitution. Our Constitution is a written Constitution which is
federal in character. Some parts of it can be amended by simple legislation while
other parts are less flexible and require special majority. Some parts of the
Constitution may be amended with the consent of the States. Amending Process: It
may be of two types –
The Imperceptible or Informal Process: The Imperceptible or Informal Process:
This process is for changing the Constitution as a limited role for supplementing the
Constitution. Such changes can be effected by –
• The Courts by interpretation – Changes brought by judicial interpretation give a
new or altered meaning without changing the text of the Constitution. The language
of the Constitution remains the same but in view of the prevailing circumstances and
needs of the society, the Courts give a new import to the words. Judicial
interpretation is a very slow process.
• Changes in conventions and constitutional changes – Conventions may
sometime make a provision of the Constitution ineffective. A convention operates
within the framework of the Constitution yet it effects and modifies it. The relation
of the President with his / her Council of Ministers, exercise of veto by the President,
assent to Bills by the President or the Governor, acceptance of the recommendations
of the Finance Commission and Union Public Service Commission, the role of the
Planning Commission are all governed and guided by conventions.
• Legislation – by filling gaps or supplementing the Constitution.
The Perceptible or Formal Process: Every Constitution contains a description of
the manner in which it may be changed. This involves changing the text of the
Constitution to make it reflect the new meanings required by the changes in the
society or for development of the nation. The formal process is visible. It is
announced and overt process of change. It is the most accepted way of adapting the
Constitution to face new developments. Our Constitution attaches different degrees
of rigidity to different provisions of the Constitution. Such provisions are of three
types –
• By simple majority of the Parliament: Here, Amendments can be made by a
simple majority of members present and voting, before it sending it for the
President’s assent.
• By special majority of the Parliament: Here, Amendments can be made by a two
third majority of the total number of members present and voting which should not
be less than the majority of the total membership of the House.
• By special majority of the Parliament and ratification of at least half of the State
Legislatures by special majority. After this, it is sent to the President for his assent.
An Amendment to the Constitution is taken very seriously, and needs at least two-
thirds of the Lok Sabha and Rajya Sabha to pass it. Thus, the Constitution of India
is one of most frequently amended Constitutions in the World.
The Amending Procedure: Article 368 contains the procedure to be followed to
amend the Constitution. The following is the procedure:
The Amendment is initiated by introducing a Bill for the purpose.
The Bill may be introduced in either House of Parliament (A Money Bill or a
Financial Bill may be introduced only in the Lok Sabha).
The Bill must be passed by each House by special majority (2/3rd present and voting
and more than 50% of the total membership).
In case of entrenched (unamendable) provisions, the Bill must be ratified by not less
than one half of the State Legislatures.
After being duly passed and ratified, where so required, the Bill is presented to the
President.
The President is bound to give assent to it (in case of an Ordinary Bill, the President
may send the Bill for reconsideration or withhold the assent).
In case of disagreement between the Houses there is no provision for joint sitting. It
must be passed by each House sitting separately.
The Bill does not require previous sanction of the President before introduction.
Basic Principles of the Constitution of India If the division of power is the basis of
civilized government, a Constitution is the best device by which such division could
be facilitated. Constitutionalism is an achievement of a modern world. But it is a
comparatively recent achievement. As such, it has not become fully stabilized. The
oldest written Constitution of the world is that of the United States of America which
only a little over two hundred years old is. Every Constitution however aims at
building up a governmental structure based upon certain principles. A careful study
of the Constitution will show that there are at least eight basic principles which are
embodied in it and which form the foundation of the Political System in India. These
are: Popular Sovereignty; Socialism; Secularism; Fundamental Rights;
Directive Principles of State Policy; Judicial Independence; Federalism; and
Cabinet Government.

Emergency Provisions: National Emergency, President Rule, and Financial

Emergency and Local Self Government – Constitutional Scheme in India.

Emergency Provisions:
Emergency Provisions of our Constitution enable the federal government to acquire
the strength of a unitary system whenever the exigencies of the situation so demand.
The Constitution provides for three different types of abnormal situations which call
for departure from the normal governmental machinery: (Refer 44th Amendment
Act, 1978)
1. National Emergency: Article 352 empowers the President to make a
‘Proclamation of Emergency’ if he / she is satisfied that the security of India
or of any part of the territory of India is threatened by – war, external
aggression, or armed rebellion.
• First Proclamation–26th October, 1962 when Chinese aggression and revoked
on 10th January, 1968
• Second Proclamation–3rd December, 1971 was made on the ground of
undeclared war by Pakistan
• Third Proclamation–25th June, 1975 was made on the ground of internal
disturbance given by Smt. Indira Gandhi NOTE: The 2nd & 3rd Proclamations
were revoked on 21st March, 1977
2. State Emergency: State Emergency: It is a State Emergency: situation
arising out of failure of Constitutional Machinery in a State (Article 356).
Constitution does not employ the word emergency for this situation.
3. Financial Emergency: It is a Financial Emergency: situation in which the
financial stability of India is threatened (Article 360).

Effects of Proclamation of Emergency

It has wide range ranging effects on the polity. It brings about a change in the
distribution of powers between the Union and the States. Powers of the Union
increase considerably. The Fundamental Rights suffer an eclipse and the
executive acquires unprecedented powers.
The effects of a Proclamation of Emergency may be discussed under five heads.
Its effect on the following:
Extension of Executive Power: While the Proclamation of Emergency is in
operation, the Executive Power of the State extends to giving of directions to any
State as to the manner in which the Executive Power of the State is to be
exercised. If the Proclamation is confined to a specified area the power to give
directions shall not be limited to the States in that area. Directions may be given
to the other States. Thus the State Governments are brought under the control of
the Center.
Extension of Legislative Power: While a Proclamation of Emergency is in
operation, the Parliament gains the power to make laws with respect to many
matters in the State List. The limitations imposed by State List are removed. The
State continues to possess Legislative Powers but the powers become subject to
the overriding powers of the Parliament. Parliament may act immediately in the
interest of the Nation without waiting for a State to take necessary steps. In a way
the Constitution becomes Unitary.
Effect on Distribution of Finances: While a Proclamation of Emergency is in
operation, the President is vested with the power to alter and modify the
Provisions of the Constitution relating to the distribution of the revenues between
the Union and the States. Such modification shall continue till the end of the
financial year in which the proclamation ceases to operate. The changes are
effected by the President by issuing an order. Every order is to be laid before each
House of Parliament.
Effect on the Fundamental Rights: Articles 358 and 359 describe the effect of
the Proclamation of Emergency on the Fundamental Rights. Article 358 removes
all fetters put on the State by Article 19. The State may make a law abridging any
of the freedoms conferred by Article 19.
Miscellaneous Effects: While Proclamation of Emergency is in operation, the
Parliament may by law extend the duration of Lok Sabha for a period not
exceeding one year at a time. But the period shall not exceed beyond six months
after the proclamation has ceased to operate. During the Emergency imposed by
Smt. Indira Gandhi, the life of the Lok Sabha was extended by one year
(Amendment Act 109 of 1976).
Effects of National Emergency
At the time of national emergency, the country almost loses its federal structure
and becomes unitary in form as the Parliament vests maximum powers with it.
 Parliament can make laws for the whole of the country or any part of the
country which has been kept under emergency with respect to any matter
in the State List.
 If a law passed by the Parliament is in conflict with the state law, then the
central law prevails.
 The President is entitled to issue an ordinance regarding a state subject
even if the Parliament is not in session.
 The Parliament is authorized to make the laws, delegate powers and
impose duties on Government of India and its Officers, as to carry out the
laws made by it.
 The union Government can issue directions or give instructions to any state
government in exercising its executive powers.
 Changes can be made in the allotment and distribution of revenues between
the union and the State by the President.
 The Fundamental Rights can be suspended and their enforcement by the
Supreme Court and other Courts of Law stand suspended. Thus making
the people restrict the enjoyment of the Fundamental Rights.
Effects of Financial Emergency
 During the financial emergency, “the executive authority of the Union shall
extend to the giving of directions to any state to observe such canons of
financial property as may be specified in the direction” which the President
may think necessary for the purpose.
 The President may direct to make necessary cut or reduction in the salaries
and allowances of all government servants which include the salaries of
Judges of Supreme Court and High Courts.
 The President can veto the Money Bills of the States which means the Money
Bill or Financial Bills passed by the State Legislatures are reserved for the
consideration of the President.
(NOTE: However, the Financial Emergency has not been proclaimed so far, by the
President