INDIAN POLITY AND CONSTITUTION

Constitution :Constitution is the foundational law of a country

which ordains the fundamental principles on which the government (or
the governance)of that country is based.It lays down the framework
and principal functions of various organs of the government as well as
the modalities of interaction between the government and its citizens.With
the exception of the United Kingdom (U.K.),almost all democratic
countries possess a written constitution.India also possesses an
elaborate written constitution which was enacted by a constituent
assembly specifically set up for the purpose.
Our Constitution:Our present constitution—the first Constitution of
India framed and given to themselves by the people of India was adopted
by the Constituent Assembly on 26 November,1949.It came into full
operation with effect from 26 January,1950.The Constitution as
originally adopted had 22 parts,395 articles and 8 schedules.Its present
text is as amended from time to time.
1.Evolution of Indian Constitution
Although the systems of ancient India do have their reflections in
he Constitution of India,the direct sources of the Constitution lie in
the dministrative and legislative developments of the British period.A
concise nd chronological description of the Acts,documents and
events that ulminated in the framing of the world's largest written
Constitution is tiven here.
Administrative &Legislative Reforms Before 1857
3egulating Act of 1773
This Act was based on the report of a committee headed by the British
Prime Minister Lord North.
Governance of the East India Company was put under British
parliamentary control.
The Governor of Bengal was nominated as Governor General for all the
three Presidencies of Calcutta,Bombay and Madras.Warren Hastings
was the first such Governor General.
ASupreme Court was established in Calcutta (now Kolkata ).
Governor General was empowered to make rules,regulations and
ordinances with the consent of the Supreme Court.
itts India Act of 1784
It was enacted to improve upon the provisions of Regulating Act
of 1773 to bring about better discipline in the Company's system of
administration.
A6-member Board of Controllers was set up which was headed by a
minister of the British Government.All political responsibilities were
given to this board.
Trade and commerce related issues were under the purview of the
Court of Directors of the company.
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Lucent's General Knowledge

Provinces d lw ri Government.
and Governor General was empowered to dismiss the failing provinciall
government.
Charter Act of 1793
>Main provisions of the previous Acts were consolidated in thisAct.
Provided for the payment of salaries of the members of the Board ofl
Controllers from Indian revenue.
>Courts were given the power to intrprt rules and regulations.
Charter Act of 1813
> 'Trade monopoly of the East India Company came to an end.
> Powers of the three Councils of Madras,Bombay and Calcutta were
enlarged,they were also subjected to greater control of the British
Parliament.
>The Christian Missionaries were allowed to spread their religion in
India.
>Local autonomous bodies were empowered to levy taxes.
Charter Act of 1833
The Governor General and his Council were given vast powers.This
Council could legislate for the whole of India subject to the approval
of the Board of Controllers.
>The Council got full powers regarding revenue,and a single budget
for the country was prepared by the Governor General.
> The East India Company was reduced to an administrative and
political entity and several Lords and Ministers were nominated as
ex-officio members of the Board of Controllers.
For the irst ime h G Gr'sG w kw as
the 'Government of India'and his Council as the 'Indian Council.
Charter Act of 1853
> 7This was the last of the Charter Acts and it made important changes
in the system of Indian legislation.
>This Act followed a report of the then Governor General Dalhousie
for improving the administration of the company.
>Aseparate Governor for Bengal was to be appointed.
>Legislativeand administrative functions of the Council were
separately identified.
>Recruitment of the Company's employees was to be done
through competitive exams.
≥ B]ritish Parliament was empowered to put Company's governance of
India to an end at any suitable time.
Administrative &Legislative Reforms After 1857
Government of India Act,1858
> B]ritish Crown decided to assume sovereignty over India from the East
India Company in an apparent consequence of the Revolt of 1857.
described as an armed sepoy mutiny by the British historians and
remembered as the First War of Independence by the Indians.
 Indian Polity and Constitution
261
thc ust statute tor the govermance ot India.under th
Rntish iovemment,was the Government of India Act,1858
lt povided tor absolute (British)imperial control over India
withe anw pvpular partictpatton in the administration of the
country."
The powers ot the crown were to be evereised by the Secretary of Stt
nrladia assisted by acouncil ot hitteen members,known as the
Couneil
ot India
The ountry was divided into provinces headed by a Governor ar
lieutenant-Governor aided by his Executive Council.
、The ProvincialGovernments had tofunctionunderthe superintendence.
dirction and control of the Governor-General in all matters.
,Allthe authority for the governance of India was vested in the Governor.
General in Council who was responsible to the Secretary of State.
、The Secretary of State was ultimately responsible to the British
Parliament
Indian Councils Act.1861
→This is an important landmark in the constitutional history of India.By
this Act the powers of the crown were to be exercised by the Secretary
of State for India,assisted by a council of fifteen members (known as
the Council of India).The Secretary of State,who was responsible to
the British Parliament,governed India through the Governor General,
assisted bv an Executive council.
>This Act enabled the Governor General to associate representatives
of the Indian people with the work of legislation by nominating them
to his expanded council.
>
This Actprovided that the Governor General's Executive Councilshould
include certain additional non-official members also while transacting
legislative business as a Legislative Council.But this Legislative Council
was neither representative nor deliberative in any sense.
>
Itdecentralised the legislative powersof the Governor General's Council
and vested them in the Governments of Bombay and Madras.
Indian Councils Act.1S92
he non official members of the Indian Legislative Couneil pere toie
nominated by the Bengal Chamber of Commerce and the Provincial
Legislative Councils while the non-official members of the Provincial
Councils were to be nominated by certain local bodies such as
universities,district boards,municipalities,zamindars etc.
>The Councils were to have the power of discussing the Budget and
dddressing questions to the Executive.
Morley-Minto Reformsnd the lndian Councils Act,1909
Morms recommended by the then Secretary of States ftty theindian
Morley)and the Viceroy(Lord Minto)were implemented by the Indian
Councils
maxi Act,1909.
numb
the mu er of additional members of the Indian Legislatine
Council Covemor Cererat's Council)was raised from 16 (under the
 26o tcang e Ee
he size of Provincial Lerislative Councils was enlarged by inckne:n⁸
lected non oficial al loglsla so that the official majority
was gone.
262 Lucent's General Knowledge

An element of election was also introduced in the Legislative Cound

at the centre also but here the official majority there was maintained."
' The Legislative Councils were empowered to move resolutions on the I
Budget,and on any matter of public interest,except certain specifiedl
subjects,such as the Armed forces,Foreign Affairs and the
Indianl States.
Itprovided,forthe first time,for separate representation of the Muslim
community and thus sowed the seeds of separatism.
The Government of India Act,1915
This act was passed to consolidate the provisions of the preceding
Government of India Acts.
Montague-Chelmsford Report and the Government of India Act,1919
> ?The then Secretary ofState for India Mr.E.S.Montagu and the Governor
General Lord Chelmsford formulated proposals for the Governmentof
India Act,1919.
>ResponsibleGovernmentin theProvinceswas tobeintroduced,without
impairing the responsibility of the Governor (through the Governor
General),for the administration of the Province,by resorting to device
known as 'Dyarchy'or dual government.
>
The subjects of administration were to be divided into two categories
Central and Provincial .
> Central subjects were those which were exclusively kept under the
control of the Central Government.
>The provincial subjects were sub-divided into 'transferred'and
'reserved'subjects.
>The' transferred subjects'were to be administered by the Governor with
the aid of Ministers responsible to the Legislative Council in which
the proportion of elected members was raised to 70 percent.
>The' reserved subjects'were to be administered by the Governor
and his Executive Council with no responsibility to the
Legislature.
>The previous Central control over the provinces in administrative,
legislative and financial matters was relaxed.Sources of revenue
were divided into two categories so that the provinces could run the
administration with the revenue raised by the provinces themselves.
> ]The provincial budget was separated from the central budget.
The provincial legislature was empowered to present its own
budget and ievy its own taxes relating to the provincial sources of
revenue.
>The Central Legislature,retained power to legislate for the whole
country on any subject.
The control of the Governor General over provincial legislation was
retained by providing that a Provincial Bill,even though assented to
by the Governor,would become law only when assented to also by the
Governor General.
The Governor was empowered to reserve a Bill for the
consideration of the Governor General if it was related to some
specified matters.
The Governor General in Council continued to remain responsible only
to the British Parliament through the Secretary of State for India.
 Indian Polity and Constitution
The lndian Legslature was made more reptesertatve d 2o63²
- dp/7
_T e er House was named he Counceil of State.This wa …
of 60 members of whom 34 were elected.
The Lower House was named the Legislative Assembly.Thie m
composed of about 144 members of whom 104 were elected.
The electorates were arranged on a communal and sectional hete
developing the Morley-Minto device further.
The Governor General's overriding powers in respect of Central
legislation were retained as follows:
(a)His prior sanction was required to introduce Bills relating to
certain matters;(b)he had the power to veto or reserve for
consideration of the Crown any Bill passed by the Indian Legislature;
(c)he had the converse power of certifying Bill or any grant refused
by the Legislature;(d)he could make Ordinances,in case of
emergency.
Simon Commission
This commission,headed by Sir John Simon,constituted in 1927 to
inquire into the working of the Act of 1919,placed its report in 1930.
The report wasexamined by the British Parliament and the Government
of India Bill was drafted accordingly.
The Government of India Act,1935
>The Act of 1935 prescribed a federation,taking the Provinces and
the Indian States (native states)as units.
>It was optional for the Indian States to join the Federation,and
since they never joined,the Federation never came into being.
>The Act divided legislative powers between the Centre and
Provinces
>Theexecutive authority of a Province was also exercised by a
Governor on behalf of the Crown and not as a subordinate of the
Governor
General.
>TheGovernorwasrequired toact withtheadviceof Ministersresponsible
to the Legislature.
In certain matters.the Governor was required to act 'in his
discretion' without ministerial advice and under the control and
directions of the Governor General,and,through him,of the Secretary
of State.
>
The executive authority of the Centre was vested in the
Governor General (on behalf of the Crown).
Counsellors or Couell of Ministers responsible to the Legislature
was not appointed although such provisions existed in the Act of
1935.
The Central Legislature was bi-cameral,consisting of the Federal
Assembly and tbcu lState
Insix provinces thelepislature was bi-cameral,comprisingaLegislative
Assembly and a Legislative Council.In other provinces,the Legs
… was uni-cameral
Apart from the Governor Genera!'s power of veto,a Bill passed by the
Central Legislature was also subject to veto by the Crown.
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264

→The Governor General could pevent discussion in the Legislature and

suspend the proceedings on any Bill if he was satisfied that it would
affect the discharge of his special responsibilities.
> The Govemor General had independent powers of legislation.
concurrently with those of the Legislature.
> On some subjects no bill or amendment could be
introduced in the
Legislature without the Governor-General's previous sanction.
>A three-fold division in the Act of 1935—There was a Federal List over
which the Federal Legislature had exclusive powers of
legislation.There was a Provincial List of matters over which the
Provincial Legislature had exclusive jurisdiction.There was a
Concurrent List also over which both the Federal and Provincial
Legislature had competence.
>The Governor-General wasempowered to authorise either the Federal
or the Provincial Legislature to enact a law with respect to any matter
which was not enumerated in the above noted Legislative Lists.
> Dominion Status,which was promised by the Simon Commission in
1929,was not conferred by the Government of India Act,1935.
Cripps Mission
In March1942,SirStafford Cripps,a memberof the British cabinet
came with a draft declaration on the proposals of the British
Government.
>These proposals were to beadopted at theend of the Second World War
provided the Congress and the Muslim League could accept them.
According to the proposals
★ The Constitution of India was tobe framed by an elected Constituent
Assembly by the Indian people.
★ The Constitution should give India Dominion Status.
★ There should be one Indian Union comprising all the Provinces and
Indian States;
★ Any Province (or Indian State)not accepting the Constitution
would be free to retain its constitutional position existing at that
time and with such non-acceding Provinces the British Government
could enter into separate Constitutional arrangements.
Cabinet Mission Plan
× In March 1946,Lord Attlee sent a Cabinet Mission to India consisting
1

of three Cabinet Ministers,namely Lord Pethick Lawrence,Sir

Stafford Cripps and Mr.A.V.Alexander.
>The object of the Mission was to help India achieve its independence
as early as possible,and to set up a Constituent Assembly.
>The Cabinet Mission rejected the claim for a separate
Constituent Assembly and a separate State for the Muslim.
According to Cabinet Mission Plan there was to be a Union of
India. comprising both British India and the States,and having
jurisdiction over the subjects of Foreign Affairs,Defence and
 Communication.All residuary powers were to be vested in the
Provinces and the States.
= 1The Union was to have an Executive and a Legislature consisting
ot representatives of the Provinces and the States.
 Indian Polity and Constitution
265

>Any decision involving a major communal issue in the legislature

was to require a majority support of representatives of each of the two
major communities presentand voting as well as a majority of all the
members present and voting.
= .T”he provinces could form groups with executives and legislatures,and
each group could be competent to determine the provincial subjects.
The Mountbatten Plan
The plan for transfer of power to the Indians and partition of the
country was laid down in the Mountbatten Plan.
一 |It was given a formal shape by a statement made by the
British Government on 3rd June,1947.
The Indian Independence Act,1947 of the British Parliament
In pursuance of this Act,the Gove ment of India Act,1935,was
amended by the Adaptation Orders,both in India and Pakistan,for
setting up an interim Constituent Assembly to draw up the future
Constitution of the country.
> From the 15th August,1947 India ceased to be a Dependency,and the
suzerainty of the British Crown over the Indian States and the
treaty relations with Tribal Areas lapsed from that date.
>The office of the Secretary of State for India was abolished.
The Governor-General and the Governors lost extraordinary powers of
legislations to compete with the Legislature.
>
T he Central Legislature of India,composed of the Legislative Assembly
1

and the Council of States,ceased to exist on August 14,1947.

> The Constituent Assembly itself was to function also as the Central
Legislature with complete sovereignty.
2.Constituent Assembly and Making of the Constitution
>The Cabinet Mission envisaged the establishment of a Constituent
Assembly to frame a Constitution for the country.Members of the
Constituent Assembly were elected by the Provincial Legislative
Assemblies.
> Each Province and each Indian State were allotted seats in proportion
1

of its population,roughly in the ratio of one to a million.The seats

so ascertained were distributed among the main communities in each
Province.The main communities recognised were Sikh,Muslim and
General.
Important Committees of the Constituent Assembly and their Chairman
S.
Name of the Committee Chairman
1.Committee on the Rules of Procedure
2.Steering Committee
Dr.Rajendra Prasad
3.Finance and Staff Committee
4.Ad hoc Committee on the National Flag
5.Union Constitution Committee
6.Union Powers Committee Pt.Jawaharlal Nehru
7.State Committee
266 Lucent's General Knowledge
Chairman
S. Name of the Committee
8.Advisory Committee on Fundamental
Rights,Minorities and Tribaland Excluded Sardar Vallabhbhai Patel
Areas
9.Drafting Committee Dr.B.R.Ambedkar
10.Credential Committee Alladi Krishnaswami
Ayyar
11.House Committee B.Pattabhi Sitaramayya
12.Order of Business Committee K.M.Munshi
13.Committee on the Functions of the G.V.Mavalankar
Constituent Assembly
14.Minorities Sub-Committee H.C.Mookherjee
15.Fundamental Rights Sub-committee J.B.Kripalani
16.North-East Frontier Tribal Areas and Gpinath Bardoloi
Assam Excluded &Partially Excluded
Areas Sub-Committee
17.Excluded and Partially Excluded Areas(other A.V.Thakkar
than those in Assam)Sub-Committee
The total number of members of the Constituent Assembly was 385,of
whom 93 were representatives from the Indian States and 292 from the
Provinces (British India).
> After the partition of India number of members of the Constituent

Assembly came to 299,of whom 284 were actually present on the 26th
November,1949 and signed on the finally approved Constitution of
India.The Constituent Assembly,which had been elected for undivided
India,held its first meeting on December 9,1946,and reassembled
on August 14,1947,as the sovereign Constituent Assembly for the
>
dominion
1
of India.
It took two years,eleven months and eighteen days for the
Constituent Assembly to finalise the Constitution.
> Objective Resolution was moved in the first session of the Constituent
Assembly(on 13 December,1946)by Pandit Jawaharlal Nehru which
wasadopted afterconsiderable deliberation and debate in the Assembly
on 22 January,1947.The following objectives were embodied in the
resolution:
★ Tofosterunity ofthe Nation and toensureits economic and political
security,to have a written Constitution,and to proclaim India as a
Sovereign Democratic Republic.
★ To have a federal form of Government with the distribution of
powers between the centre and states.
★ To guarantee and secure justice,equality,freedom of thought,
expression,belief,faith,worship,vocation,association and action
to all the people of India.
★ Toprovideadequate safeguards for minorities,backward and tribal
areas and depressed and other backward classes.
 Indian Polity and Constitution
,uith tghf he etit 267

s on land,sea and air y

of the republic and its
law of civilised nations.
★ To attain rightful and honoured place in the world and make its
and the welfare of
mankind. >Theprinciplesofthe were outinedv peae
Constituton
of the Assemply,and there was a general discussion bp s committees
these Committees.The Assembly appointed the Drafinne reports of
with Dr B.R.Ambedkar as the Chairman on August 29,1947.
The rDrafting Committee,headed by Dr.B.RBust 29,1947., …
>
aft c
eDbr uaryn1p9 t8ution of India to the President of the assembly on 21
>The members of Drafting Committee were N.Gopalaswamy Ayvangar.
Alladi Krishnaswamy Ayyar,K.M.Munshi,Mohd.Saadullah,B.L.
Mitter (later replaced by N.Madhava Rao),Dr.D.P.Khaitan (treplaced
on death by T.T.Krishnamachari).
> The third and final reading of the draft was completed on November
26,1949.On this date,the signature of the President of the
Assembly was appended to it and the Constitution was declared as
passed.
The provisions relating to citizenship,elections and
provisional Parliament etc.were implemented with immediate
effect,that is,from the 26th November,1949.The rest of the provisions
c
of the constitution 1
cam e i nt o f or e on Ja nua 2 6, 9 50 and this d ate is referred to in the
Constit ut ion as th e d a te ro its c om me ncem ent
3.Different Sources of the Indian Constitution
Although the skeleton of the constitution was derived from the
Government of India Act 1935,many provisions were imported from
other constitutions of the world.Some of them are listed below along
with the Government of India Act,1935:
Government of India Act,1935;This Act formed the basis or
'blueprint of the consititution of India with the features of Federal
system,office o dovernor,emergency powers etc.Besides,the
Constitution of India ha borrowed from the—
Constitution of Britain ·Law making procedures,Rule of
law,Single itizenship,Bi-cameral Parliamentary system,office of CAG
Constitution of IISA ·Independence of judiciary,judicial review
fundamental rights removal of Supreme Court and High Court judges
reamble and functions of President and Vice-president
Constitution of Canada ·Federation with strong Centre,to provid
esiduary powers to the Centre.Supreme Court's advisory jurisdictior
Constitution of Ireland·Directive Principles of State policy,method o
Presidential elections and the nomination of members to Rajya Sabha b
the President
Weimar ConstitutionofGermany:Provisionsconcerning thesuspensiol
offtundamental rights during emergeney.
268
Lucent's General Knowledge
Constitution of Australia:Idea of the Concurrent List,Trade and
Commerce provisions.
Constitution of South Africa:Amendment with 2/3rd majority in
Parliament and election of the Members of Rajya Sabha on the basis of
proportional representation.
Constitution of France:Republican System,Principles of Liberty.
Equality and Fraternity.
Constitution of former USSR:Fundamental Duties,Ideals of justice in
Preamble.
4.Important Articles of the Constitution
Articles Subject
Part I Art.1-4 The Union and its territory.
Part II Art.5-11 Citizenship
Part III Fundamental Rights
Art.12 Definition
Art.13 Laws inconsistent with or in derogation of the fundamental
rights
Right to Equality
Art.14 Equality before law
Art.15 Prohibition of discrimination on grounds of religion,race,caste,
sex or place of birth
Art.16 Equality of opportunity in matters of public employment
Art.17 Abolition of untouchability
Art.18 Abolition of titles
Right to Freedom
Art.19 Protection of certain rights regarding freedom of speech,etc.
Art.20 Protection in respect of conviction for offences
Art.21 Protection of life and personal liberty
21A. Right to education
Art.22 Protection against arrest and detention in certain cases
Right against Exploitation
Art.23 Prohibition of traffic in human beings and forced labour
Art.24 Prohibition of employment of children in factories,etc.
Right to Freedom of Religion
Art.25 Freedom of conscience and free profession,practice and
propagation of religion
Art.26 Freedom to manage religious affairs
Art.27 Freedom as to payment of taxes for promotion of any particular
religion
Art.28 Freedom as to attendance at religious instruction or religious
worship in certain educational institutions
Cultural and Educational Rights
Art.29 Protection of interests of minorities
Art.30 Right of minorities to establish and administer educational
institutions
 Indian Polity and Constitution
269
Saving of certain Laws
Art.31A Saving of laws providing for acquisition of
estates,etc. Art.31B Validation of certain Acts and Regulations
Art.31C Saving of laws giving effect to certain directive principles
Right to Constitutional Remedies
Art.32 Remedies for enforcement of rights conferred by this Part
Art.33 Power of Parliament to modify the rights conferred by this Part
in their application to Forces,etc.
Art.34 Restriction on rights conferred by this Part while martial law is
in force in any area
Art.35 L]egislation to give effect to the provisions of this Part
Part IV Directive Principles of State Policy
Art.36 Definition
Art.37 Application of the principles contained in this Part
Art.388 S(tate to secure a social order for the promotion of welfare of the
people
Art.39 ) ertain principles of policy to be followed by the State

Art.39A Equal justice and free legal aid

Art.40 Organisation of village panchayats
Art.41 Right to work,to education and to public assistance in certainI
cases
Art.42 P]rovision for just and humane conditions of work and maternity
relief
Art.43 Living wage,etc.for workers
Art.43A Participation of workers in management of industries
Art.43B The State shall endeavour to promote voluntary formation,
autonomous functioning,democratic control and professional
management of co-operative societies.
Art.44 Uniform civil code for the citizens
Art.455 Provision for early childhood care and education to children
below the age of six years
Art.46 Promotion of educational and economic interest of Scheduled
Castes,Scheduled Tribes and other weaker sections
Art.47 Duty of the State to raise the level of nutrition and the standard
of living and to improve public health
Art.48 Organisation of agriculture and animal husbandry
Art.48A Protection and improvement of environment and safeguarding
of forests and wild life
Art.49 Protection of monuments and places and objects of national
importance
Art.50 Separation of judiciary from executive
Art.51 romotion of international peace and security