Introduction
- Lays down the fundamental law of the land concerning the state's
institution and the country's government.
- Outlines the powers and the responsibilities of various
instrumentalities of the state; places restrictions on what the
government can do and regulates the relations between the state
and the population.
Before we had a constitution in place - Predecessors
● Minto Morley Reforms, 1909: Introduced by British Secretary
of State Minto and Lord Morley, granting limited Indian
representation in legislative councils, marking a modest step
towards Indian political participation.
● Montagu-Chelmsford Reforms, 1919: Enacted by Secretary of
State Montagu and Viceroy Chelmsford, aimed at expanding
Indian involvement in governance through provincial
autonomy and limited franchise extensions.
● Government of India Act, 1935: A major constitutional reform,
introducing provincial autonomy, federal structure, and limited
franchise, but with significant central authority, laying the
groundwork for post-independence governance.
● Cripps Mission, 1942: Led by British politician Stafford Cripps,
offered limited dominion status and the promise of full Indian
independence post-World War II but was rejected by both
Congress and the Muslim League.
● Wavell Plan: Proposed by Viceroy Wavell, aimed to resolve
the Indian constitutional deadlock by forming an interim
government with representation from major Indian parties.
However, it failed due to differences between Congress and
the Muslim League.
● Cabinet Mission Plan, 1946: Aimed at devising a framework
for independent India, proposed a federal system with a strong
centre and provinces enjoying autonomy but was rejected by
the Muslim League leading to communal tensions.
, ● Mountbatten Plan, 1947: Lord Mountbatten, proposed the
partition of British India into two separate dominions, India and
Pakistan, leading to independence on August 15, 1947.
● Indian Independence Act 1947: Passed by the British
Parliament, formally ended British rule in India, granting
independence to India and Pakistan, and providing a
framework for the partition and transfer of power.
Overview
● Drafted by a drafting committee with Dr. B.R.Ambedkar as the
chairman
● was signed on 26 November 1949
● came into effect on 26 January 1950
● The world’s longest constitution
● 395 articles in 22 parts; 12 schedules
● has been amended 103 times
The Preamble
● Modelled on the Objectives Resolution moved by J.L Nehru in
1946 in the constituent assembly.
● It consists of the goals and ideas that the constitution makers
wanted to achieve by employing the constitution.
● An important aid in the interpretation of the Constitution.
● Important Judgements- In re Berubari; Kesavananda Bharti;
Dina Nath Shukla.
● SOVEREIGN,
● SOCIALIST, - 42nd Amendment
● SECULAR, - 42nd Amendment
● DEMOCRATIC,
● REPUBLIC,
● JUSTICE,
● LIBERTY,
● EQUALITY,
, ● FRATERNITY.
Formation of States
Article 2 enables Parliament by Law to admit into the union or
establish new states on such as it thinks fit. The article gives two
powers to the parliament:
- The power to admit into the union new states.
- The power to establish new states.
Meaning of the word ‘state’
Article 12 says- “ In Part III, unless the context otherwise requires, “
the state “ includes the government and Parliament of India and the
government and the legislature of each state and all local or other
authorities within the territory of India under the control of the
government of India”.
-Other Authorities is a purposefully vague term
-Important cases - Ajay Hasia; Zee Telefilms; BCCI
- The Supreme Court has come up with two tests to determine if a
particular instance is associated with the ‘state’ or not: Functions
Test; and Legal Test.
Article 13 consists of 2 Doctrines, which are Ecliple and
Severability.
Doctrine of Eclipse
Eclipse occurs when one object overshadows the other, so as the
name suggests the Doctrine of Eclipse is applied when any law or
act violates the fundamental rights then the fundamental rights
overshadow the other law or act and make it unforceable but not
void ab initio. They can be Enforced again if the restrictions posed
by the Fundamental rights are removed.
- Lays down the fundamental law of the land concerning the state's
institution and the country's government.
- Outlines the powers and the responsibilities of various
instrumentalities of the state; places restrictions on what the
government can do and regulates the relations between the state
and the population.
Before we had a constitution in place - Predecessors
● Minto Morley Reforms, 1909: Introduced by British Secretary
of State Minto and Lord Morley, granting limited Indian
representation in legislative councils, marking a modest step
towards Indian political participation.
● Montagu-Chelmsford Reforms, 1919: Enacted by Secretary of
State Montagu and Viceroy Chelmsford, aimed at expanding
Indian involvement in governance through provincial
autonomy and limited franchise extensions.
● Government of India Act, 1935: A major constitutional reform,
introducing provincial autonomy, federal structure, and limited
franchise, but with significant central authority, laying the
groundwork for post-independence governance.
● Cripps Mission, 1942: Led by British politician Stafford Cripps,
offered limited dominion status and the promise of full Indian
independence post-World War II but was rejected by both
Congress and the Muslim League.
● Wavell Plan: Proposed by Viceroy Wavell, aimed to resolve
the Indian constitutional deadlock by forming an interim
government with representation from major Indian parties.
However, it failed due to differences between Congress and
the Muslim League.
● Cabinet Mission Plan, 1946: Aimed at devising a framework
for independent India, proposed a federal system with a strong
centre and provinces enjoying autonomy but was rejected by
the Muslim League leading to communal tensions.
, ● Mountbatten Plan, 1947: Lord Mountbatten, proposed the
partition of British India into two separate dominions, India and
Pakistan, leading to independence on August 15, 1947.
● Indian Independence Act 1947: Passed by the British
Parliament, formally ended British rule in India, granting
independence to India and Pakistan, and providing a
framework for the partition and transfer of power.
Overview
● Drafted by a drafting committee with Dr. B.R.Ambedkar as the
chairman
● was signed on 26 November 1949
● came into effect on 26 January 1950
● The world’s longest constitution
● 395 articles in 22 parts; 12 schedules
● has been amended 103 times
The Preamble
● Modelled on the Objectives Resolution moved by J.L Nehru in
1946 in the constituent assembly.
● It consists of the goals and ideas that the constitution makers
wanted to achieve by employing the constitution.
● An important aid in the interpretation of the Constitution.
● Important Judgements- In re Berubari; Kesavananda Bharti;
Dina Nath Shukla.
● SOVEREIGN,
● SOCIALIST, - 42nd Amendment
● SECULAR, - 42nd Amendment
● DEMOCRATIC,
● REPUBLIC,
● JUSTICE,
● LIBERTY,
● EQUALITY,
, ● FRATERNITY.
Formation of States
Article 2 enables Parliament by Law to admit into the union or
establish new states on such as it thinks fit. The article gives two
powers to the parliament:
- The power to admit into the union new states.
- The power to establish new states.
Meaning of the word ‘state’
Article 12 says- “ In Part III, unless the context otherwise requires, “
the state “ includes the government and Parliament of India and the
government and the legislature of each state and all local or other
authorities within the territory of India under the control of the
government of India”.
-Other Authorities is a purposefully vague term
-Important cases - Ajay Hasia; Zee Telefilms; BCCI
- The Supreme Court has come up with two tests to determine if a
particular instance is associated with the ‘state’ or not: Functions
Test; and Legal Test.
Article 13 consists of 2 Doctrines, which are Ecliple and
Severability.
Doctrine of Eclipse
Eclipse occurs when one object overshadows the other, so as the
name suggests the Doctrine of Eclipse is applied when any law or
act violates the fundamental rights then the fundamental rights
overshadow the other law or act and make it unforceable but not
void ab initio. They can be Enforced again if the restrictions posed
by the Fundamental rights are removed.
