1

JAIPUR E



JAIPUR
ENGINEERING
COLLEGE AND
RESEARCH
CENTRE
INDIAN CONSTITUTION
SUBMITTED BY-AVINASH JHA
SUBMITTED TO-MRS V.INDIRA MAM
ROLL NO 29
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TOPICS
1.INDIAN CONSTITUTION
2.IMPORTANCE OF CONSTITUTION
3.TYPES OF CONSTITUTION
A)WRITTEN CONSTITUTION
B)UNWRITTEN CONSTITUTION
C)RIGID CONSTITUTION
D)FLEXIBLE CONSTITUTION
5.CONSTITUTIONAL CONVENTION
6.PUBLIC CONSTITUTION AND GOVERNMENT
7.BACKGROUND
8.BASIC STRUCTURE OF INDIAN CONSTITUTION
9.SALIENT FEATURES OF INDIAN CONSTITUTION
A)PARLIAMENT
B)FUNDAMENTAL RIGHTS
C)JUDICIARY

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INDIAN CONSTITUTION

The Constitution of India is the supreme law
of India. It lays down the framework defining
fundamental political principles, establishes
the structure, procedures, powers, and duties
of government institutions, and sets out
fundamental rights, directive principles, and
the duties of citizens. It is the longest written
constitution of any sovereign country in the
world, containing 450 articles in 22 parts, 12
schedules and 94 amendments.

The Constitution was enacted by the
Constituent Assembly on 26 November 1949,
and came into effect on 26 January 1950.India
celebrates the adoption of the constitution on
26 January each year as Republic Day.
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Parts: The Individual Articles Of The
Constitution Are Grouped Together Into The
Following
Part I - Union And Its Territory
Part II - Citizenship.
Part III - Fundamental Rights
Part IV - Directive Principles And Fundamental
Duties.
Part V - The Union.
Part VI - The States.
Part VII - States In The B Part Of The First
Schedule(Repealed).
Part VIII - The Union Territories
Part IX - Panchayat System And
Municipalities.
Part X - The Scheduled And Tribal Areas
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Part XI - Relations Between The Union And
The States.
Part XII - Finance, Property, Contracts And
Suits
Part XIII - Trade And Commerce Within The
Territory Of India
Part XIV - Services Under The Union, The
States And Tribunals
Part XV - Elections
Part XVI - Special Provisions Relating To
Certain Classes.
Part XVII - Languages
Part XVIII - Emergency Provisions
Part XIX - Miscellaneous
Part XX - Amendment Of The Constitution
Part XXI - Temporary, Transitional And Special
Provisions
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Part XXII - Short Title, Date Of
Commencement, Authoritative Text In Hindi
And Repeals

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IMPORTANCE OF
CONSTITUTION
The main reason for having a constitution is
to define the laws, rules and procedures
under which the organization operates.
The Constitution of India is the supreme law
of India. It lays down the framework defining
fundamental political principles, establishes
the structure, procedures, powers, and duties
of government institutions, and sets out
fundamental rights, directive principles, and
the duties of citizens. There is no doubt that
each society has political activity that
connects with its social, economic, geographic
and political conditions, as well as
constitutional studies come at the top of the
legal studies due to the subject of the
constitutional law connects directly with life
and cares of all citizens in the state.
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TYPES OF CONSTITUTION
Virtually all organizations have to be legally
constituted in some way and each category
will be subject to different laws and taxation
regimes. Some examples of constitutions
follow: Sole traders (Plumber, accountant,
artist), Partnerships (Legal and accountancy
firms), Charities (Oxfam, hospices, churches),
Private companies (Small businesses,
residents' groups) Public companies (IBM,
Marks & Spencer, Shell), Government
agencies (Food Standards, Racial Equality),
Government departments (Social Security,
Ministry of Defence), Public Services (BBC,
National Health Service), Local government
(City councils, county councils), Mutual
(Financial funds, betting syndicates),
Franchises (Burger King, Budget Rent-a-Car),
Co-operatives (Groups of fishermen or
craftsmen), Illegal organizations (Cartels,
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crime syndicates). Each form of constitution is
subject to its own peculiar legal framework,
taxation regime and disclosure and
accountability rules. What is right at a
particular time is not necessarily appropriate
five years later, as for example with a private
company finding that it needs additional
finance which only a public company would
have access to.

Changes to constitutions: It is often
fashionable to change a constitution -
mutuality often giving way to company status,
as with the recent fashion for financial
institutions to convert from mutual societies
(owned by the members, who may be
employees or customers) to public companies
(owned by shareholders, who provide finance
and receive profits). The reason usually given
for this change is to encourage greater
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growth, diversification and access to funds,
but it could be that the senior executives
want to appear more successful and justify
higher salaries.

The effects of a constitution: The type of
constitution affects other elements in the
model. For example, a charity does not have
owners as such but trustees; it is limited in
obtaining financial resources (since it cannot
raise funds on the stock market); and its
financial results are not geared to making a
profit but showing that it has been prudently
managed. All managers in the organization
should be aware of what its constitution is
and under which laws and constraints it
operates.

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Introduction

There is no doubt that each society has
political activity that connects with its social,
economic, geographic and political
conditions, as well as constitutional studies
come at the top of the legal studies due to
the subject of the constitutional law connects
directly with life and cares of all citizens in the
state, rulers or subjects. If the constitutional
law cares with the rulers from one corner, but
it determines the general aspect of
authorities and regime of the governing in the
state and draws the limits for specification to
each authority and its relations with others.

Whatever point of view, there is no dispute
on importance of the constitutional law
because it cares with the rulers and subjects
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and upgrades to the top place. The
constitution is a set of the legal rules organize
entity of the state and human society that
exists among definite geographic space
regarding with constitution and legal rules are
in permanent and continues movement.

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CUSTOMARY AND WRITTEN
CONSTITUTION

It's known that the rules regarding with any
political system of any state, it will be two
ways, either resulting from customary
without writing out any formal texts, in this
case it's said there is customary constitution.
The second case it may be wrote down in
formal document that is made to be known at
the all (Dr. Sabri, Said).


So that there two types that are customary
constitutions and written constitutions.

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CUSTOMARY CONSTITUTION

The customary is considered the oldest
formal resources of the legal rule. It remained
the sole source of the constitutional rules in
the world till 18th century. It is theoretic and
needed source, whereas gives binding force
to the legal rule in the performance. (Dr. Abu
Steet, A).

English constitution is the clearest example
for such type of the constitutional laws
because the constitutional laws were formed
by the customary in Britain that often
represents still constitutional rules.
Customary ruels include other written
constitutional rules embody in the "the
Greatest Era" of year 1215 A.D. "Magna Carta
and Bill & Rights" of year 1689, and
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Parliament Act in 1911. Although such
constitutional documents vary in Britain, it is
not sufficient for political regime in the state
that determined by customary rules in
general. (Bashir, M. Ibid, page 42).

The cause may be that England takes the
customary constitution, this is referred to
nature of the English people itself who
intends to develop its rules and laws quietly
without violent, as well as constitutional
history began in England early. Moreover, the
causes that called most of the countries to
take with written constituions that were not
available in English regime. (Al Sha'r, R.).


The importance of customary rules in the
English constitution appears in survey the
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field that prevailed by it. Because of the
English constitution is a set of the systems are
often emerged in permanent customaries as
long as new necessities made.

If the customary rules took great importance
in establishing of the constitutional laws in
non written constitutions of the countries.
Such rules and laws are emerged as a result of
following up a public authority in the definite
country relating with habit of the any target
of the constitutional law without any contrary
of the other authorities till it remains in the
minds of the people had to respect such rules,
consequently it adds binding feature.

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WRITTEN CONSTITUTION

The first written constitutions were English
colonies constitutions in the North America
after its freedom in 1776, USA Constitution in
1787 that still remains. Since written
constitutions appeared, the idea of
constitution liberty prevailed to be a tool for
freedom whereas it remains with specific
right for the citizen. The idea of written
constitution transferred from America to
France till it made the first written
constitution on 3 September 1791, then
coveyed into the remaining European
countries. After that range of the written
constitution expanded in First World War as
well as expanded into the Arabian countries.

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Consequently, the written constitution
acquired political sense because it connects
closely with definite matter of the
government. According to that written
constitutions add on the constitutions rules
emphasizing and determining. (Dr. Bashir, M).


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FLEXIBLE AND RIGID
CONSTITUTION

Explainers indicated that flexible constitution
that is can be amended by the authorities and
with procedures may need for the ordinary
laws. When there is flexible constitution such
England Constitution, this means that there is
no any constitution from the form aspect
because there is no any conditions vary
between the constitution amendments and
ordinary legislation amendment, so that
establishing authority mixes with legislative
authority.

As per the rigid constitution, it can't be
amended but by authorities and different
procedures than such methods that amend
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the ordinary laws. Whereas as amendment of
the rigid constitution vary here than method
of the flexible constitution amendment.


On the second hand, the rigid constitution has
firmness feature as a result of the special
procedures that are shall be regarded at
amendment of its items. As per the flexible
constitution doesn't stipulate definite
procedure that should be r0egarded to
amend. (Bashir, Al Shafei Mohammed). This
doesn't mean that the constitution can't be
touched totally and it can't ever amended,
but it means making and amendment it.

In short, I can sum that the Standard can be
taken for the difference between the flexible
and rigid constitutions in as difficulty and
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complexity in amendment of the rigid
constitution, if this difficulty increases, it will
be rigid constitution, while this difficulty
decreases, it will be half rigid or half flexible.

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CONSTITUTIONAL CONVENTIONAL

It may appear along with written constitution
practical needs in which written
constitutional rules doesn't complicate; in this
case constitutional convention appears along
with constitutional flexible rules officially. This
convention may interpret or complete deficit
in the constitution, but some says that the
constitutional convention may be amended as
constitutional item.

The constitutional convention emerges along
with written constitution and it consists with
physical and spiritual article, i.e. with
following up definite custom then is followed
till to be binding matter. Such customs are
emerged by political life in the country to
exist to the written constitution.
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Public Constitution and the
Government

Introduction
There have been many different approaches
to defining what a constitution actually is,
however, for the purposes of this text, I will
be using the broad definition that:

A constitution is a set of rules (e.g.
conventions), procedures and laws which
divide the government into identifiable
institutions and determines how power will
be distributed between them, gives the
procedures through which the power is to be
exercised and explains the relationship
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between these governmental institutions and
the individual citizen.
Compared to other countries
Most countries have a written constitution,
that is a single document which encompasses
all of the above, for example the Constitution
of the USA within which is found the Bill of
Rights'. Evidence of this is to be found in the
first three articles of the document which set
out the roles and powers of the Congress (Art
1), the President (Art 2) and the Supreme
Court (Art 3).


Structure
There are only three countries in the world
which have an unwritten constitution, or
more specifically, un-codified, namely New
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Zealand, Israel and the United Kingdom
(although New Zealand has recently taken
steps towards a written constitution with the
enactment of the Constitution Act 1996). In
his book Constitutional and Administrative
Law,' Alex Carroll describes the UK
constitution as a myriad of judicial decisions,
Acts of Parliament and established political
practices (conventions). It is in this sense,
therefore, that the constitution may be
defined as unwritten'.' He goes on to explain
that the reason why our constitution has
remained unwritten could be put down to the
fact that we haven't had the sort of cathartic
political events (e.g. defeat in war or civil
insurrection) which, in many other countries,
have led to the abandonment and
replacement of a pre-existing constitutional
order.'
Sources
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The UK constitution has a number of sources,
the traditional ones being legislation, whether
primary (Acts of Parliament) or delegated
(made by other authorities on whom
Parliament has conferred the power to
legislate); judicial decisions, whether that be
in the interpretation of statutes or in the
formation of common law; and constitutional
conventions which Dicey described as
constitutional morals.'




Characteristics

Due to the structure of our constitution, it is
far easier to make changes to it than in other
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countries. For example, to make an
amendment to any part of the constitution of
the USA, it is required that a majority of two
thirds of both houses of Congress, and the
legislatures of three quarters of the several
states, agree upon it (Art 5). This method of
protecting constitutional fundamentals is
called entrenching.' However, in the UK there

are three ways to make amends. The first is
through legislation. A new piece of legislation,
passed according to normal Parliamentary
procedure may change any part of the
constitution. Judicial decisions in normal
cases may also have an effect, making this the
second method. Changes in existing
conventional practices can also lead to a
change in our constitution. Because there are
three methods and they are each easily
implemented, then it's shows us that our
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constitution has the ability to be very flexible.
This has been both criticised and praised.
Those in support of the current, unwritten,
format emphasise its ability to change quickly
with changing times and this characteristic of
flexibility. Those who are in favour of forming
a written constitution argue that due to the
executives' majority in the House of
Commons, it is possible that the government
could, Alex Carroll says, impose
constitutional change purely for reasons of
political expediency and ephemeral ideology.'



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Conclusion

In conclusion, I can confirm that there is no
any state can live without law and there is not
law without sovereignty. So that sovereignty
of the law represents in our belief distinctive
standard of the state then others of human
communities. Sovereignty of the law is not
slogans but it is fact shall be committed and
obligated till the people find it before them in
their daily life. There is no doubt that
constitutional law is the first laws.
Emphasizing that protection of the
constitution from frivolity is to protect of
entity of the state.

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The Basic Structure of the Indian
Constitution
Introduction
The debate on the 'basic structure' of the
Constitution, lying somnolent in the archives
of India's
constitutional history during the last decade of
the 20th century, has reappeared in the public
realm.
While setting up the National Commission to
Review the Working of the Constitution (the
Commission), the National Democratic
Alliance government (formed by a coalition of
24 national and
regional level parties) stated that the basic
structure of the Constitution would not be
tampered with.
Justice M.N. Venkatachalaiah, Chairman of
the Commission, has emphasised on several
occasions
that an inquiry into the basic structure of the
Constitution lay beyond the scope of the
Commission's
work.
Several political parties -- notably the
Congress (I) and the two Communist parties
which are in the
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opposition -- have made it clear that the
review exercise was the government's ploy to
seek legitimacy
for its design to adopt radical constitutional
reforms thus destroying the basic structure of
the
document.
Much of the public debate has been a victim
of partial amnesia as even literate circles of
urban India
are unsure of the ramifications of this concept,
which was hotly debated during the 1970s
and 1980s.
The following discussion is an attempt to chart
the waters of that period rendered turbulent by
the
power struggle between the legislative and
the judicial arms of the State.
According to the Constitution, Parliament and
the state legislatures in India have the power
to make
laws within their respective jurisdictions. This
power is not absolute in nature. The
Constitution vests
in the judiciary, the power to adjudicate upon
the constitutional validity of all laws. If a law
made by
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Parliament or the state legislatures violates
any provision of the Constitution, the Supreme
Court has
the power to declare such a law invalid or
ultra vires. This check notwithstanding, the
founding
fathers wanted the Constitution to be an
adaptable document rather than a rigid
framework for
governance. Hence Parliament was invested
with the power to amend the Constitution.
Article 368
of the Constitution gives the impression that
Parliament's amending powers are absolute
and
encompass all parts of the document. But the
Supreme Court has acted as a brake to the
legislative
enthusiasm of Parliament ever since
independence. With the intention of
preserving the original
ideals envisioned by the constitution-makers,
the apex court pronounced that Parliament
could not
distort, damage or alter the basic features of
the Constitution under the pretext of
amending it. The
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phrase 'basic structure' itself cannot be found
in the Constitution. The Supreme Court
recognised this
concept for the first time in the historic
Kesavananda Bharati case in 1973.1 Ever
since the Supreme
Court has been the interpreter of the
Constitution and the arbiter of all amendments
made by
Parliament.

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Background
The major portion of the Indian subcontinent
was under British colonial rule from 1857 to
1947. The impact of
economic, political and social exploitation
during this period helped the gradual rise of
the Indian independence
movement to gain independence from
foreign rule. The movement culminated in the
formation of the Dominion of
India on 15 August 1947, along with the
Dominion of Pakistan. The Constitution of
India was adopted on 26
November 1949 and came into effect on 26
January 1950, proclaiming India to be a
sovereign, democratic republic.
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It contained the founding principles of the law
of the land which would govern India after its
independence from
British rule. On the day the constitution came
into effect, India ceased to be a dominion of
the British Crown. The
Indian constitution is the world's longest
constitution. At the time of commencement,
the constitution had 395
articles in 22 parts and 8 schedules. It consists
of almost 80,000 words and took 2 years 11
months and 18 days to
build.
In the United Kingdom the office of the
Secretary of State for India was the authority
through whom Parliament
exercised its rule (along with the Council of
India), and established the office of Viceroy of
India (along with an
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Executive Council in India, consisting of high
officials of the British Government). The
Indian Councils Act 1861
provided for a Legislative Council consisting of
the members of the Executive council and
non-official members.
The Indian Councils Act 1892 established
provincial legislatures and increased the
powers of the Legislative
Council. Although these Acts increased the
representation of Indians in the government,
their power still remained
limited. The Indian Councils Act 1909 and the
Government of India Act 1919 further
expanded participation of
Indians in the government.
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Salient Features of the
Constitution of India

The main features of Indian Constitution are
the following:

(i) A written and lengthy constitution:

The Constitution of India is a written
constitution. It was framed by a Constituent
Assembly which was established for the
purpose in 1946. It has 395 Articles and 12
Schedules. A number of amendments, (about
96) passed since its enforcement in 1950,
have also become a part of the Constitution.

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The Constitution of India is the lengthiest
constitution in the world as no other
constitution contains as many articles. The
constitution of USA has 7 Articles, of China
138, Japanese 103, and Canadian 107 Articles.

(ii) Sovereign, socialist, secular, democratic,
republic:

The Constitution declares India to be a
Sovereign, Socialist, Secular, Democratic,
Republic. The words, 'Socialist' and 'secular'
were added in the Preamble of the
Constitution by 42nd amendment which was
passed in 1976.

Sovereign means absolutely independent; it is
not under the control of any other state.
Before 1947, India was not sovereign as it was
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under the Britishers. Now it can frame its
policy without any outside interference.

Socialist:

Word 'Socialist' was added in the Preamble by
42nd Amendment of the Constitution which
was passed in 1976. This implies a system
which will endeavour to avoid concentration
of wealth in a few hands and will assure its
equitable distribution.

It also implies that India is against exploitation
in all forms and believes in economic justice
to all its citizens.

Secular:

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The word 'Secular', like Socialist, was also
added in the Preamble by 42nd Amendment
of the Constitution. There is no state religion
in India. Every citizen is free to follow and
practise the religion of his/her own choice.
The state cannot discriminate among its
citizens on the basis of religion.

Democratic:

Means that the power of the government is
vested in the hands of the people. People
exercise this power through their elected
representatives who, in turn, are responsible
to them. All the citizens enjoy equal political
rights.

Republic:
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Means that the head of the State is not a
hereditary monarch but a President who is
indirectly elected by the people for a definite
period.

(iii) Federal government:

The Constitution provides for a federal form
of government. In a federation, there are two
governments-at the central level and at the
state (province) level. In India, the powers of
the government are divided between the
central government and state governments.
There are three different lists of subjects- (i)
Union list, (ii) State list and (iii) Concurrent
list. The Union list contains 97 subjects of
national importance like Defence, Foreign
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Affairs, Currency, Post and Telegraph,
Railways.

On these subjects, only central legislature
(Parliament) can make laws. State list
contains 66 subjects of local importance. On
these subjects, state legislatures make laws.
These subjects include agriculture, police, and
jails. Concurrent list contains 47 subjects
which are of common concern to both the
central and state governments.

These include marriage, divorce, social
security etc. On these subjects, both the
parliament and state legislatures can
legislate. However, if there is a conflict
between a central law and the state law over
a subject given in the concurrent list, the
central law will prevail.
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(iv) Parliamentary government:

Indian Constitution provides for a
parliamentary form of government. President
is nominal head of the state. In actual
practice, the government is run by the Prime
Minister and other members of the Council of
Minister. The Council of Ministers is
collectively responsible to the Parliament.

(v) Fundamental rights and duties. The
Constitution of India guarantees six
fundamental rights to every citizen. These
are:

i. Right to Equality.

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ii. Right to Freedom.

iii. Right against Exploitation.

iv. Right to Freedom of Religion.

v. Cultural and Educational Rights.

Vi. Right to Constitutional Remedies.

By 42nd Amendment of the Constitution, ten
Fundamental Duties of citizens have also
been added.

(vi) Directive principles of state policy:

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The Directive Principles of State Policy are
listed in Part Four of the Constitution. The
framers of our constitution took the idea of
having such principles from the Irish
Constitution. These principles are instructions
given by the Constitution to government.

All the governments-Central, State and Local-
are expected to frame their policies in
accordance with these principles. The aim of
these principles is to establish a welfare state
in India. They, however, are not binding on
the government-they are mere guidelines.

(vii) Partly rigid and partly flexible:

The Constitution of India is neither wholly
rigid nor wholly flexible. It is partly rigid and
partly flexible. It is because of the fact that for
46

the purpose of amendment, our constitution
has been divided into three parts: (a) certain
provisions of the constitution can be
amended by a simple majority in the
Parliament.

(b) Certain provisions can be amended by a
two-third majority of the Parliament and its
ratification by at least fifty percent states.

(c) The remaining provisions can be amended
by the Parliament by two-third majority.

(viii) Single citizenship:

In federation, normally we have double
citizenship. In U.S.A. every citizen besides
being a citizen of United States of America is
47

the citizen of the state in which he or she
resides. But the Constitution of India provides
for singi' citizenship-every Indian, irrespective
of his place of birth or residence, is a citizen
of India. There is no citizenship of Delhi,
Punjab, Haryana or U.P.

(ix) Universal adult franchise:

The constitution provides for Universal Adult
Franchise. It means that every citizen who is
18 years of age or more is entitled to cast
his/her vote irrespective of his caste, creed,
sex, religion or place of birth.

(c) Language policy:

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The Constitution has also defined the
language policy. India is a country where
different languages are spoken in various
parts of the country. Hindi and English have
been made official languages of the central
government. A state can adopt the language
spoken by its people in that state also as its
official language. At present, we have 22
languages which have been recognised by the
Indian Constitution.

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Languages Recognised by the Indian
Constitution
Assamese
Gujarati
Konkani
Marathi
Sanskrit
Telugu
Bengali
Hindi
Maithili
Nepali
Santhali
Urdu
Bodo
Kannada
Malayalam
Oriya
Sindhi
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Dogri
Kashmiri
Manipuri
Punjabi
Tamil

(xi) Special provisions for scheduled castes
and scheduled tribes:

The Constitution provides for giving certain
special concessions and privileges to the
members of these castes. Seats have been
reserved for them in Parliament, State
legislature and local bodies, all government
services and in all professional colleges. At
present these concessions will continue up to
the year 2010.

(xii) Independent judiciary:
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The Indian Constitution provides for an
independent judiciary. The judiciary has been
made independent of the Executive as well as
the Legislature. The judges give impartial
justice.
(xiii) A constitution derived from many
sources:
The framers of our constitution borrowed
many things from the constitutions of various
other countries and included them in our
constitution. That is why; some writers call
Indian Constitution a 'bag of borrowings'.
(xiv) One national language:

Although India is a multi-lingual state, the
constitution provides that Hindi in Devnagri
script will be the national language. It shall be
52

the duty of the union to promote and spread
Hindi language.

(xv) Emergency provisions:

The framers of our constitution had realised
that there could be certain dangerous
situations when government could not be run
as in ordinary time. Hence our constitution
contains certain emergency provisions. During
emergency the fundamental rights of the
citizens can be suspended and our
government becomes a unitary one.

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CONCLUSION-
The main reason for having a constitution is
to define the laws, rules and procedures
under which the organization operates, The
Constitution of India is the supreme law of
India. It lays down the framework defining
fundamental political principles, establishes
the structure, procedures, powers, and duties
of government institutions, and sets out
fundamental rights, directive principles, and
the duties of citizens.

COLLEGE AND RESEARCH
CENTRE

INDIAN CONSTITUTION

54

JAIPUR ENGINEERING
COLLEGE AND RESEARCH
CENTRE

INDIAN CONSTITUTION