CONSTITUTION OF INDIA
(MC-CS501A)
BY - Arka Dutta
UNIT-1: INTRODUCTION
Meaning of the Term “Constitution”
Constitution means the set of rules and principles that define how a
country is governed.
It tells:
• How the government is formed,
• What powers each organ has (Legislature, Executive, Judiciary),
• Rights and duties of citizens.
In short: Constitution = “Rule book of the Nation”.
Indian Constitution: Sources and Constitutional History
a) Historical Background
• British period laws like Regulating Act (1773), Pitt’s
India Act (1784), Charter Acts, and Government of India
Acts (1858 – 1935) built the foundation.
• 1946: Constituent Assembly was formed to draft the
Constitution.
• 1949 (Nov 26): Constitution adopted.
• 1950 (Jan 26): Came into effect → Republic Day.
1
,b) Sources of the Indian Constitution 🟥
Country Borrowed Features
UK Parliamentary system, Rule of Law, Cabinet system
USA Fundamental Rights, Judicial Review, Impeachment
Ireland Directive Principles of State Policy
Canada Federation with strong centre
Australia Concurrent List, Trade freedom
USSR (Russia) Fundamental Duties, Five-Year Plans
France Liberty, Equality, Fraternity
South Africa Procedure of Amendment
•
Features of the Indian Constitution
1. Longest written Constitution (448 articles, 12
schedules).
2. Blend of rigidity and flexibility (some parts easy, some
hard to amend).
3. Parliamentary form of government.
4. Federal system with unitary bias.
5. Fundamental Rights and Duties.
6. Directive Principles of State Policy.
7. Independent Judiciary.
8. Single citizenship.
2
, Tip: Revise Articles 12 – 35 (Fundamental Rights).
Citizenship
• Described in Articles (5 – 11) of Part II.
• Single Citizenship: All Indians are citizens of India (not of
individual states).
• Citizenship can be acquired by:
1. Birth,
2. Descent,
3. Registration,
4. Naturalization,
5. Incorporation of territory.
Preamble
Preamble = Preface of the Constitution.
It declares India as:
“Sovereign, Socialist, Secular, Democratic, Republic.”
It ensures:
• Justice (social, economic, political)
• Liberty (of thought, expression, belief, faith, worship)
• Equality (status and opportunity)
• Fraternity (brotherhood, unity and integrity of nation)
3
, 6️⃣ Fundamental Rights
Part III (Articles 12 – 35)
Category Articles Example
Right to Equality 14–18 No discrimination
Right to Freedom 19–22 Speech, movement
Right against
23–24 No child labour
Exploitation
Right to Freedom of
25–28 Religious freedom
Religion
Cultural &
29–30 Minority rights
Educational Rights
Right to Right to move Supreme Court
Constitutional 32 (called heart and soul – Dr.
Remedies Ambedkar)
Important: Article 32 = Writs → Habeas Corpus, Mandamus,
Prohibition, Certiorari, Quo Warranto.
Directive Principles of State Policy (DPSP)
• Found in Part IV (Articles 36 – 51).
• Not enforceable by courts but fundamental for governance.
• Aim: Make India a welfare state.
Examples:
• Free education for children (Art 45)
• Equal pay for equal work (Art 39)
• Protection of environment (Art 48-A)
4
(MC-CS501A)
BY - Arka Dutta
UNIT-1: INTRODUCTION
Meaning of the Term “Constitution”
Constitution means the set of rules and principles that define how a
country is governed.
It tells:
• How the government is formed,
• What powers each organ has (Legislature, Executive, Judiciary),
• Rights and duties of citizens.
In short: Constitution = “Rule book of the Nation”.
Indian Constitution: Sources and Constitutional History
a) Historical Background
• British period laws like Regulating Act (1773), Pitt’s
India Act (1784), Charter Acts, and Government of India
Acts (1858 – 1935) built the foundation.
• 1946: Constituent Assembly was formed to draft the
Constitution.
• 1949 (Nov 26): Constitution adopted.
• 1950 (Jan 26): Came into effect → Republic Day.
1
,b) Sources of the Indian Constitution 🟥
Country Borrowed Features
UK Parliamentary system, Rule of Law, Cabinet system
USA Fundamental Rights, Judicial Review, Impeachment
Ireland Directive Principles of State Policy
Canada Federation with strong centre
Australia Concurrent List, Trade freedom
USSR (Russia) Fundamental Duties, Five-Year Plans
France Liberty, Equality, Fraternity
South Africa Procedure of Amendment
•
Features of the Indian Constitution
1. Longest written Constitution (448 articles, 12
schedules).
2. Blend of rigidity and flexibility (some parts easy, some
hard to amend).
3. Parliamentary form of government.
4. Federal system with unitary bias.
5. Fundamental Rights and Duties.
6. Directive Principles of State Policy.
7. Independent Judiciary.
8. Single citizenship.
2
, Tip: Revise Articles 12 – 35 (Fundamental Rights).
Citizenship
• Described in Articles (5 – 11) of Part II.
• Single Citizenship: All Indians are citizens of India (not of
individual states).
• Citizenship can be acquired by:
1. Birth,
2. Descent,
3. Registration,
4. Naturalization,
5. Incorporation of territory.
Preamble
Preamble = Preface of the Constitution.
It declares India as:
“Sovereign, Socialist, Secular, Democratic, Republic.”
It ensures:
• Justice (social, economic, political)
• Liberty (of thought, expression, belief, faith, worship)
• Equality (status and opportunity)
• Fraternity (brotherhood, unity and integrity of nation)
3
, 6️⃣ Fundamental Rights
Part III (Articles 12 – 35)
Category Articles Example
Right to Equality 14–18 No discrimination
Right to Freedom 19–22 Speech, movement
Right against
23–24 No child labour
Exploitation
Right to Freedom of
25–28 Religious freedom
Religion
Cultural &
29–30 Minority rights
Educational Rights
Right to Right to move Supreme Court
Constitutional 32 (called heart and soul – Dr.
Remedies Ambedkar)
Important: Article 32 = Writs → Habeas Corpus, Mandamus,
Prohibition, Certiorari, Quo Warranto.
Directive Principles of State Policy (DPSP)
• Found in Part IV (Articles 36 – 51).
• Not enforceable by courts but fundamental for governance.
• Aim: Make India a welfare state.
Examples:
• Free education for children (Art 45)
• Equal pay for equal work (Art 39)
• Protection of environment (Art 48-A)
4
