Constitution of India, 22ICO17/27
CONSTITUTION OF INDIA
SYLLABUS
Subject Code: BICOK107/207 CIE MARKS: 50
No. of lecturing hours/week: 1Hrs SEE MARKS:50
Total No. of lecturing hours: 15Hrs Exam hours: 1 Hrs
Credits:01 Total Marks: 100
Course objectives: This course will enable the students
1. To know about the basic structure of Indian Constitution.
2. To know the Fundamental Rights (FR’s), DPSP’s and Fundamental Duties (FD’s) of our
constitution.
3. To know about our Union Government, political structure & codes, procedures.
4. To know the State Executive & Elections system of India.
5. To learn the Amendments and Emergency Provisions, other important provisions given by the
constitution..
Module-1
Introduction to Indian Constitution: The Necessity of the Constitution, The Societies before and
after theConstitution adoption. Introduction to the Indian constitution, The Making of the Constitution,
Module-2
The Role of theConstituent Assembly - Preamble and Salient features of the Constitution of India.
Fundamental Rights and itsRestriction and limitations in different Complex Situations.
Module-3
Directive Principles of State Policy (DPSP)and its present relevance in our society with examples.
Fundamental Duties and its Scope and significancein Nation building. Union Executive::
Parliamentary System, Federal System, Centre-State Relations. Union Executive President, Prime
Minister, Union Cabinet,
Module-4
Parliament - LS and RS, Parliamentary Committees, Important Parliamentary Terminologies. Supreme
Court of India, Judicial Reviews and Judicial Activism.
Module-5
State Executive&Elections, Amendments and Emergency Provisions: State Executives – Governor,
Chief Minister, State Cabinet, State Legislature, High Court and Subordinate Courts, Special
Provisions (Articles 370.371,371J) for some States.Elections, Electoral Process, and Election
Commissionof India, Election Laws. Amendments - Methods in Constitutional Amendments (How and
Why) andImportant Constitutional Amendments. Amendments – 7,9,10,12,42,44, 61, 73,74, ,75, 86,
and91,94,95,100,101,118 and some important Case Studies. Emergency Provisions, types of
Emergencies andits consequences.
Course Outcomes: On completion of this course, students will be able to,
• CO1: Have constitutional knowledge and legal literacy.
• CO2: Understand Engineering and Professional ethics and responsibilities of Engineers.
• CO3: Understand the the cybercrimes and cyber laws for cyber safety measures.
Question paper pattern for SEE and CIE:
• The SEE question paper will be set for 100 marks and the marks scored by the students will
proportionately be reduced to 60. The pattern of the question paper will be objective type (MCQ).
• For the award of 40 CIE marks, refer the University regulations 2018.
Text Book
, Module 1
Introduction
The constitution was passed by the Constituent Assembly on 26 Nov 1949 and is fully applicable
since 26 Jan 1950. Thanks to the help of Prof. K.B. Agrawal, the ICL-Edition of the Constitution now
incorporates all amendments until and including the 78th amendment (1995) [30 Aug 1995]; there are
no newer amendments until Dec 1996. Amendments after Dec 1996 have not yet been included.
India is a federal democratic republic of 25 states and seven Union Territories. Each state is
administered by a Governor appointed by the President while each Union Territory is administered by
the President through a Minister. The bicameral parliament is composed of the Council of States, Rajya
Sabha, and the House of the People, Lok Sabha. The Council of States will consist of 250 members out
of which the President of India will nominate 12 persons having special knowledge or practical
experience in respect of literature, art, science and social service. The remaining 238 seats are to be
filled in by the persons to be elected by the legislative assemblies of their respective states in staggered
re-elections of one-third every second year. The House of People is composed of 550 members, i.e.,
530 members from the States and 20 members from the Union Territories.
The states of Bihar, Jammu and Kashmir, Karnataka, Maharshtra, and Uttar Pradesh have
bicameral legislatures while the other 20 states have unicameral legislatures. Upper houses (Legislative
Councils) are re-elected to one-third of their members every two years. Legislative Assemblies are
chosen by direct election.
There are some extraordinary features of the Indian system of government. For example, the
Constitution encourages the states to introduce the prohibition. The states of Andhra Pradesh, Manipur,
and Haryana have already banned the production, possession, and consumption of alcohol.
Commencement:
The provisions relating to Citizenship, elections, provisional Parliament, temporary and
th
transitional positions were given immediate effect on The 26 Nov.1949. While the rest of the
th
Constitution came into force on the 26 Jan. 1950. And this date is referred to in the Constitution as
The Date of its Commencement.
Making of The Constitution
The Constituent Assembly which had been elected for undivided India and held its first sitting
th th
on 9 Dec.1946, re-assembled on the 14 August 1947, as The Sovereign Constituent Assembly for
the dominion of India. In regard to its composition the members were elected by indirect election by
the members of The Provisional Legislative Assemblies (lower house only). According to the schemes
recommended by the Cabinet the essentials of the Schemes were as follows: -
1. Each Province and each Indian State or group of States were allotted the total no. of eats
proportional to their respective population roughly in the ratio of 1:1000000. As a result The Provinces
were to elect 292 members while the Indian States were allotted a minimum of 93 seats.
2. The seats in each Province were distributed among the three main communities, Muslims, Sikh and
general, in proportion to their respective populations.
3. Members of each community in the Provisional Legislative Assembly elected their own
representatives by the method of proportional representations with single transferable vote.
4. The method of selection in the case of representatives of Indian States was to be determined by
consultation.
Unfortunately as a result of a partition under the plan of June3, 1947.The territories, which fell
under Pakistan and those members who were part of The Constituent Assembly, ceased to be members
st
of the Constituent Assembly, which re-assembled on the 31 Oct.1947. The members of the house was
th
reduced to 299 of these 284 was actually present on the 26 Nov. 1949 and appended their signature to
, 2. Congress in Extremist phase:
Congress in Extremist phase The Govt. of India Act 1909. The Govt. of India Act 1919. Jallian
wallah Bagh tragedy 1919.
3. Advent of Gandhiji:
Advent of Gandhiji Non Co-operation Movement 1920. Simon Commission 1927. Nehru
Report 1928. Civil disobedience 1930.
4. Govt. of India Act 1935 Back bone of our Present Constitution:
Govt. of India Act 1935 Back bone of our Present Constitution Federation and provincial
autonomy. Dyarchy at the centre. A bicameral Central legislature created. Distribution of
powers between centre and provinces.
5. Demand for a constituent assembly :
Demand for a constituent assembly The Act of 1935 failed to satisfy the Indian aspirations. In
1938, Pandit Nehru formulated the demand for constituent assembly.
6. Cripps Mission Acceptance of demand:
Cripps Mission Acceptance of demand Cripps mission came in 1942 and recognised the
demand that. a constitution to be framed by an elected constituent assembly. India to be given a
dominion status. Cripps proposal were rejected Gandhi ji started Quit India Movement in 1942.
7. Cabinet Mission 1946 formation of Constituent assembly:
Cabinet Mission 1946 formation of Constituent assembly The cabinet mission provided for an
indirectly elected Constituent assembly. The assembly consisted of total 389 members. 292 to
be elected from provinces. 93 to be nominated from princely states. 4 to be nominated from
chief comm. Areas.
8. Joint Constitution assembly for India & Pakistan.:
Joint Constitution assembly for India & Pakistan. The first meeting of the consembly was held
on Dec. 9, 1946. But it was boycotted by Muslim league. Muslim league demanded a separate
assembly for Pakistan.
9. Mountbatten plan Indian independence Act 1947.:
Mountbatten plan Indian independence Act 1947. On 26 th July 1947 Governor General Lord
Mountbatten announced the setting up of a separate constituent Assembly for Pakistan.
10. Constituent assembly of India:
Constituent assembly of India On 14 th August 1947 the Sovereign con-sembly for India
reassembled. Dr Rajinder Prasad was elected its President. Seven member drafting committee
formed. Dr. B.R. Amdedkar acted as chairman of drafting committee.
11. Drafting of Constitution. :
It took 2 years, 11 months, and 18 days in framing the Constitution. The Constitution was
enacted and adopted on 26 th November 1949. Some of the provisions relating to citizenship,
elections, provisional parliament etc came into force on the same day. Remaining provisions came into
force on 26 th January 1950.
The Constitution of India has some distinct and unique features as compared to other constitutions to
the world. As Dr. B.R. Ambedkar, the Chairman of the Drafting Committee puts it, the framers had
tried to accumulate and accommodate the best features of other constitutions, keeping in view the
peculiar problems and needs of our country.
Module-2
Salient features of the Constitution of India.
The following are the salient features of the Constitution of India.
1. Longest written constitution
, (2) Partly Rigid and Partly Flexible
The Constitution of India is neither purely rigid nor purely flexible. There is a harmonious
blend of rigidity and flexibility. Some parts of the Constitution can be amended by the ordinary law-
making process by Parliament. Certain provisions can be amended, only when a Bill for that purpose is
passed in each house of Parliament by a majority of the total membership of that house and. by a
majority of not less than two-third of the members of that house present and voting. Then there are
certain other provisions which can be amended by the second method described above and are ratified
by the legislatures of not less than one-half of the states before being presented to the President for his
assent. It must also be noted that the power to initiate bills for amendment lies in Parliament alone, and
not in the state legislatures.
3) A Democratic Republic
India is a democratic republic. It means that sovereignty rests with the people of India. They
govern themselves through their representatives elected on the basis of universal adult franchise. The
President of India, the highest official of the state is elected for a fixed term. Although, India is a
sovereign republic, yet it continues to be a member of the Commonwealth of Nations with the British
Monarch as its head. Her membership of the Commonwealth does not compromise her position as a
sovereign republic. The commonwealth is an association of free and independent nations. The British
Monarch is only a symbolic head of that association.
4) Parliamentary System of Government
India has adopted the Parliamentary system as found in Britain. In this system, the executive is
responsible to the legislature, and remains in power only as long and it enjoys the confidence of the
legislature. The president of India, who remains in office for five years is the nominal, titular or
constitutional head. The Union Council of Ministers with the Prime Minister as its head is drawn from
the legislature. It is collectively responsible to the House of People (Lok Sabha), and has to resign as
soon as it loses the confidence of that house. The President, the nominal executive shall exercise his
powers according to the advice of the Union Council of Ministers, the real executive. In the states also,
the government is Parliamentary in nature.
5) A Federation
Article 1 of the Constitution of India says: - "India, that is Bharat shall be a Union of States."
Though the word 'Federation' is not used, the government is federal. A state is federal when (a) there
are two sets of governments and there is distribution of powers between the two, (b) there is a written
constitution, which is the supreme law of the land and (c) there is an independent judiciary to interpret
the constitution and settle disputes between the centre and the states. All these features are present in
India. There are two sets of government, one at the centre, the other at state level and the distribution
of powers between them is quite detailed in our Constitution. The Constitution of India is written and
the supreme law of the land. At the apex of single integrated judicial system, stands the Supreme Court
which is independent from the control of the executive and the legislature.
6) Fundamental Rights
"A state is known by the rights it maintains", remarked Prof. H.J. Laski. The constitution of
India affirms the basic principle that every individual is entitled to enjoy certain basic rights and part
III of the Constitution deals with those rights which are known as fundamental rights. Originally there
were seven categories of rights, but now they are six in number. They are (i) Right to equality, (ii)
Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of Religion, v) Cultural and
Educational rights and vi) Right to constitutional remedies. Right to property (Article-31) originally a
fundamental right has been omitted by the 44th Amendment Act. 1978. It is now a legal right.
7) Directive Principles of State Policy
A novel feature of the Constitution is that it contains a chapter in the Directive Principles of
State Policy. These principles are in the nature of directives to the government to implement them for
establishing social and economic democracy in the country.
It embodies important principles like adequate means to livelihood, equal pay for both men and
women, distribution of wealth so as to subserve the common good, free and compulsory primary
education, right to work, public assistance in case of old age, unemployment, sickness and
CONSTITUTION OF INDIA
SYLLABUS
Subject Code: BICOK107/207 CIE MARKS: 50
No. of lecturing hours/week: 1Hrs SEE MARKS:50
Total No. of lecturing hours: 15Hrs Exam hours: 1 Hrs
Credits:01 Total Marks: 100
Course objectives: This course will enable the students
1. To know about the basic structure of Indian Constitution.
2. To know the Fundamental Rights (FR’s), DPSP’s and Fundamental Duties (FD’s) of our
constitution.
3. To know about our Union Government, political structure & codes, procedures.
4. To know the State Executive & Elections system of India.
5. To learn the Amendments and Emergency Provisions, other important provisions given by the
constitution..
Module-1
Introduction to Indian Constitution: The Necessity of the Constitution, The Societies before and
after theConstitution adoption. Introduction to the Indian constitution, The Making of the Constitution,
Module-2
The Role of theConstituent Assembly - Preamble and Salient features of the Constitution of India.
Fundamental Rights and itsRestriction and limitations in different Complex Situations.
Module-3
Directive Principles of State Policy (DPSP)and its present relevance in our society with examples.
Fundamental Duties and its Scope and significancein Nation building. Union Executive::
Parliamentary System, Federal System, Centre-State Relations. Union Executive President, Prime
Minister, Union Cabinet,
Module-4
Parliament - LS and RS, Parliamentary Committees, Important Parliamentary Terminologies. Supreme
Court of India, Judicial Reviews and Judicial Activism.
Module-5
State Executive&Elections, Amendments and Emergency Provisions: State Executives – Governor,
Chief Minister, State Cabinet, State Legislature, High Court and Subordinate Courts, Special
Provisions (Articles 370.371,371J) for some States.Elections, Electoral Process, and Election
Commissionof India, Election Laws. Amendments - Methods in Constitutional Amendments (How and
Why) andImportant Constitutional Amendments. Amendments – 7,9,10,12,42,44, 61, 73,74, ,75, 86,
and91,94,95,100,101,118 and some important Case Studies. Emergency Provisions, types of
Emergencies andits consequences.
Course Outcomes: On completion of this course, students will be able to,
• CO1: Have constitutional knowledge and legal literacy.
• CO2: Understand Engineering and Professional ethics and responsibilities of Engineers.
• CO3: Understand the the cybercrimes and cyber laws for cyber safety measures.
Question paper pattern for SEE and CIE:
• The SEE question paper will be set for 100 marks and the marks scored by the students will
proportionately be reduced to 60. The pattern of the question paper will be objective type (MCQ).
• For the award of 40 CIE marks, refer the University regulations 2018.
Text Book
, Module 1
Introduction
The constitution was passed by the Constituent Assembly on 26 Nov 1949 and is fully applicable
since 26 Jan 1950. Thanks to the help of Prof. K.B. Agrawal, the ICL-Edition of the Constitution now
incorporates all amendments until and including the 78th amendment (1995) [30 Aug 1995]; there are
no newer amendments until Dec 1996. Amendments after Dec 1996 have not yet been included.
India is a federal democratic republic of 25 states and seven Union Territories. Each state is
administered by a Governor appointed by the President while each Union Territory is administered by
the President through a Minister. The bicameral parliament is composed of the Council of States, Rajya
Sabha, and the House of the People, Lok Sabha. The Council of States will consist of 250 members out
of which the President of India will nominate 12 persons having special knowledge or practical
experience in respect of literature, art, science and social service. The remaining 238 seats are to be
filled in by the persons to be elected by the legislative assemblies of their respective states in staggered
re-elections of one-third every second year. The House of People is composed of 550 members, i.e.,
530 members from the States and 20 members from the Union Territories.
The states of Bihar, Jammu and Kashmir, Karnataka, Maharshtra, and Uttar Pradesh have
bicameral legislatures while the other 20 states have unicameral legislatures. Upper houses (Legislative
Councils) are re-elected to one-third of their members every two years. Legislative Assemblies are
chosen by direct election.
There are some extraordinary features of the Indian system of government. For example, the
Constitution encourages the states to introduce the prohibition. The states of Andhra Pradesh, Manipur,
and Haryana have already banned the production, possession, and consumption of alcohol.
Commencement:
The provisions relating to Citizenship, elections, provisional Parliament, temporary and
th
transitional positions were given immediate effect on The 26 Nov.1949. While the rest of the
th
Constitution came into force on the 26 Jan. 1950. And this date is referred to in the Constitution as
The Date of its Commencement.
Making of The Constitution
The Constituent Assembly which had been elected for undivided India and held its first sitting
th th
on 9 Dec.1946, re-assembled on the 14 August 1947, as The Sovereign Constituent Assembly for
the dominion of India. In regard to its composition the members were elected by indirect election by
the members of The Provisional Legislative Assemblies (lower house only). According to the schemes
recommended by the Cabinet the essentials of the Schemes were as follows: -
1. Each Province and each Indian State or group of States were allotted the total no. of eats
proportional to their respective population roughly in the ratio of 1:1000000. As a result The Provinces
were to elect 292 members while the Indian States were allotted a minimum of 93 seats.
2. The seats in each Province were distributed among the three main communities, Muslims, Sikh and
general, in proportion to their respective populations.
3. Members of each community in the Provisional Legislative Assembly elected their own
representatives by the method of proportional representations with single transferable vote.
4. The method of selection in the case of representatives of Indian States was to be determined by
consultation.
Unfortunately as a result of a partition under the plan of June3, 1947.The territories, which fell
under Pakistan and those members who were part of The Constituent Assembly, ceased to be members
st
of the Constituent Assembly, which re-assembled on the 31 Oct.1947. The members of the house was
th
reduced to 299 of these 284 was actually present on the 26 Nov. 1949 and appended their signature to
, 2. Congress in Extremist phase:
Congress in Extremist phase The Govt. of India Act 1909. The Govt. of India Act 1919. Jallian
wallah Bagh tragedy 1919.
3. Advent of Gandhiji:
Advent of Gandhiji Non Co-operation Movement 1920. Simon Commission 1927. Nehru
Report 1928. Civil disobedience 1930.
4. Govt. of India Act 1935 Back bone of our Present Constitution:
Govt. of India Act 1935 Back bone of our Present Constitution Federation and provincial
autonomy. Dyarchy at the centre. A bicameral Central legislature created. Distribution of
powers between centre and provinces.
5. Demand for a constituent assembly :
Demand for a constituent assembly The Act of 1935 failed to satisfy the Indian aspirations. In
1938, Pandit Nehru formulated the demand for constituent assembly.
6. Cripps Mission Acceptance of demand:
Cripps Mission Acceptance of demand Cripps mission came in 1942 and recognised the
demand that. a constitution to be framed by an elected constituent assembly. India to be given a
dominion status. Cripps proposal were rejected Gandhi ji started Quit India Movement in 1942.
7. Cabinet Mission 1946 formation of Constituent assembly:
Cabinet Mission 1946 formation of Constituent assembly The cabinet mission provided for an
indirectly elected Constituent assembly. The assembly consisted of total 389 members. 292 to
be elected from provinces. 93 to be nominated from princely states. 4 to be nominated from
chief comm. Areas.
8. Joint Constitution assembly for India & Pakistan.:
Joint Constitution assembly for India & Pakistan. The first meeting of the consembly was held
on Dec. 9, 1946. But it was boycotted by Muslim league. Muslim league demanded a separate
assembly for Pakistan.
9. Mountbatten plan Indian independence Act 1947.:
Mountbatten plan Indian independence Act 1947. On 26 th July 1947 Governor General Lord
Mountbatten announced the setting up of a separate constituent Assembly for Pakistan.
10. Constituent assembly of India:
Constituent assembly of India On 14 th August 1947 the Sovereign con-sembly for India
reassembled. Dr Rajinder Prasad was elected its President. Seven member drafting committee
formed. Dr. B.R. Amdedkar acted as chairman of drafting committee.
11. Drafting of Constitution. :
It took 2 years, 11 months, and 18 days in framing the Constitution. The Constitution was
enacted and adopted on 26 th November 1949. Some of the provisions relating to citizenship,
elections, provisional parliament etc came into force on the same day. Remaining provisions came into
force on 26 th January 1950.
The Constitution of India has some distinct and unique features as compared to other constitutions to
the world. As Dr. B.R. Ambedkar, the Chairman of the Drafting Committee puts it, the framers had
tried to accumulate and accommodate the best features of other constitutions, keeping in view the
peculiar problems and needs of our country.
Module-2
Salient features of the Constitution of India.
The following are the salient features of the Constitution of India.
1. Longest written constitution
, (2) Partly Rigid and Partly Flexible
The Constitution of India is neither purely rigid nor purely flexible. There is a harmonious
blend of rigidity and flexibility. Some parts of the Constitution can be amended by the ordinary law-
making process by Parliament. Certain provisions can be amended, only when a Bill for that purpose is
passed in each house of Parliament by a majority of the total membership of that house and. by a
majority of not less than two-third of the members of that house present and voting. Then there are
certain other provisions which can be amended by the second method described above and are ratified
by the legislatures of not less than one-half of the states before being presented to the President for his
assent. It must also be noted that the power to initiate bills for amendment lies in Parliament alone, and
not in the state legislatures.
3) A Democratic Republic
India is a democratic republic. It means that sovereignty rests with the people of India. They
govern themselves through their representatives elected on the basis of universal adult franchise. The
President of India, the highest official of the state is elected for a fixed term. Although, India is a
sovereign republic, yet it continues to be a member of the Commonwealth of Nations with the British
Monarch as its head. Her membership of the Commonwealth does not compromise her position as a
sovereign republic. The commonwealth is an association of free and independent nations. The British
Monarch is only a symbolic head of that association.
4) Parliamentary System of Government
India has adopted the Parliamentary system as found in Britain. In this system, the executive is
responsible to the legislature, and remains in power only as long and it enjoys the confidence of the
legislature. The president of India, who remains in office for five years is the nominal, titular or
constitutional head. The Union Council of Ministers with the Prime Minister as its head is drawn from
the legislature. It is collectively responsible to the House of People (Lok Sabha), and has to resign as
soon as it loses the confidence of that house. The President, the nominal executive shall exercise his
powers according to the advice of the Union Council of Ministers, the real executive. In the states also,
the government is Parliamentary in nature.
5) A Federation
Article 1 of the Constitution of India says: - "India, that is Bharat shall be a Union of States."
Though the word 'Federation' is not used, the government is federal. A state is federal when (a) there
are two sets of governments and there is distribution of powers between the two, (b) there is a written
constitution, which is the supreme law of the land and (c) there is an independent judiciary to interpret
the constitution and settle disputes between the centre and the states. All these features are present in
India. There are two sets of government, one at the centre, the other at state level and the distribution
of powers between them is quite detailed in our Constitution. The Constitution of India is written and
the supreme law of the land. At the apex of single integrated judicial system, stands the Supreme Court
which is independent from the control of the executive and the legislature.
6) Fundamental Rights
"A state is known by the rights it maintains", remarked Prof. H.J. Laski. The constitution of
India affirms the basic principle that every individual is entitled to enjoy certain basic rights and part
III of the Constitution deals with those rights which are known as fundamental rights. Originally there
were seven categories of rights, but now they are six in number. They are (i) Right to equality, (ii)
Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of Religion, v) Cultural and
Educational rights and vi) Right to constitutional remedies. Right to property (Article-31) originally a
fundamental right has been omitted by the 44th Amendment Act. 1978. It is now a legal right.
7) Directive Principles of State Policy
A novel feature of the Constitution is that it contains a chapter in the Directive Principles of
State Policy. These principles are in the nature of directives to the government to implement them for
establishing social and economic democracy in the country.
It embodies important principles like adequate means to livelihood, equal pay for both men and
women, distribution of wealth so as to subserve the common good, free and compulsory primary
education, right to work, public assistance in case of old age, unemployment, sickness and
