Constitutional Values/ Indian constitution
NEP Unit - 1
Constituent Assembly
The idea of a constituent assembly was put forward for the first time by MN Roy. In 1935, the Indian
National Congress (INC), for the first time, officially called for a constituent assembly to frame a
constitution for India. In 1938, Jawaharlal Nehru made this emphatic statement regarding the constitution-
‘The constitution of free India must be framed, without outside interference, by a constituent assembly
elected on the basis of adult franchise’(Based on Legal Voting Age 18+)
The demand for a constituent assembly was accepted for the first time by the British through their
‘August offer’ of 1940. Eventually, a constituent assembly was established under the provisions of the
Cabinet Mission plan. The Constituent Assembly was an assembly of elected representatives who drafted
the document of the constitution. Initially there were 389 members, but after the partition it was left with
299 members that adopted the constitution on 26 November 1947 which came into effect on 26 January
1950. The constituent assembly had the responsibility for framing the constitution of India. It functioned
from Dec 1946 to Nov 1949.
Composition of the Constituent Assembly:
It was constituted in 1946
Total strength of the assembly:
389 out of which 296 seats for British India and 93 seats for princely states.
Seats were allocated based on proportion to their respective population.
Seats allocated to each British province were to be decided among the three principal communities-
Muslims, Sikhs and General
Representatives of each community were to be elected by members of that community in the provincial
legislative assembly and based on voting. Representatives of princely states were to be nominated by the
head of these princely states.
First meeting was held on December 9, 1946.
Muslim League did not participate in the first meeting.
Temporary president in the first meeting was Dr Sachchidanand Sinha
After elections were held- Dr Rajendra Prasad was elected as (President) and HC Mukherjee
(Vice-President) of the Constituent Assembly respectively.
Sir BN Rau was appointed as the constitutional Legal advisor of the assembly.
Constituent assembly held over 2 years, 11 months and 18 days to complete the Indian
Constitution.During this period the Constituent Assembly had 11 sessions and sat for a total of 166 days.
On 26 November the Constituent Assembly adopted and enacted the Constitution of India which came
into force on 26 January 1950.
The Objective Resolution
Jawaharlal Nehru proposed the objective resolution India on December 13. Furthermore, the Assembly
adopted the objective resolutions on January 22, 1947. The following is a summary of these resolutions:
● India is a sovereign and independent republic.
● India would be a combination of former British Indian territory, Indian Provinces, and other
portions of India & Indian Jurisdictions eager to join the nation.
● All authorities and government functions & management, apart from those allocated to and
invested inside the Union, shall be undertaken by the regions that make up the Union.
● All independent and sovereign India’s rights and power, including its Constitution, would come
from the people.
● Socioeconomic and political equality overall Indians; fairness of prestige and chances; and basic
freedoms – of speaking, affirmation, faith, spirituality, worship, vocation, alliance, and action –
subject to protection and social, moral standards, shall be guaranteed and protected.
● Minority, underdeveloped and tribal territories, as well as depressed as well as other weaker
sections, must be adequately protected.
● The Republic’s territorial integrity and its national sovereignty on the ground, water, and sky must
be protected by the justice of a civilized nation.
● The country would contribute fully and willingly to developing international peace and human
happiness.
Preamble of the Indian Constitution Values enshrined in the Preamble:
The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives
Resolution, adopted by the Constituent Assembly on January 22, 1947. The Preamble declares that the
people of India are the ultimate source of authority for the Constitution. This emphasizes the democratic
principle of popular sovereignty, meaning the government is created by and derives its powers from the
people.
Components of Preamble
It is indicated by the Preamble that the source of authority of the Constitution lies with the people of
India. Preamble declares India to be a sovereign, socialist, secular and democratic republic.The objectives
stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to
maintain unity and integrity of the nation.The date is mentioned in the preamble when it was adopted on
November 26, 1949.
Key words in the Preamble:
We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means
the independent authority of the State, not being subject to the control of any other State or external
power.
Sovereign: The term means that India has its own independent authority and it is not a dominion of any
other external power. In the country, the legislature has the power to make laws which are subject to
certain limitations.
Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a
mixed economy where both private and public sectors co-exist side by side.
It was added in the Preamble by 42nd Amendment, 1976.
Secular: The term means that all the religions in India get equal respect, protection and support from the
state.
It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
Democratic: The term implies that the Constitution of India has an established form of Constitution
which gets its authority from the will of the people expressed in an election.
Republic: The term indicates that the head of the state is elected by the people. In India, the President of
India is the elected head of the state.
Objectives of the Indian Constitution
The Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity
among the citizens to build a great nation.
The main objective of the Indian Constitution is to promote harmony throughout the nation.
The factors which help in achieving this objective are:
Justice: It is necessary to maintain order in society that is promised through various provisions of
Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It
comprises three elements, which is social, economic, and political.
Social Justice – Social justice means that the Constitution wants to create a society without discrimination
on any grounds like caste, creed, gender, religion, etc.
Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of
their wealth, income, and economic status. Every person must be paid equally for an equal position and
all people must get opportunities to earn for their living.
Political Justice – Political Justice means all the people have an equal, free and fair right without any
discrimination to participate in political opportunities.
Equality: The term ‘Equality’ means no section of society has any special privileges and all the people
have been given equal opportunities for everything without any discrimination. Everyone is equal before
the law.
Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political views
and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in
the limit set by the law.
Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the
country and all the people. Fraternity helps to promote dignity and unity in the nation.
Importance of Objectives: It provides a way of life. It includes fraternity, liberty, and equality as the
notion of a happy life and which can not be taken from each other.
Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and
equality be divorced from fraternity.
Salient Features of Indian constitution
● Lengthiest Written Constitution – The Constitution of India is the lengthiest
of all the written Constitutions of the world. It is a very comprehensive and
detailed document.Several factors that have contributed to its elephantine size
include – the need to accommodate the vast diversity of the country, a single
constitution for both the Center and States, the presence of legal experts and
luminaries in the Constituent Assembly, etc.
● Drawn from Various Sources – The Constitution of India has borrowed most of
its provisions from the Government of India Act of 1935 as well as from the
constitutions of various other countries.
● Blend of Rigidity and Flexibility – Constitutions are classified into – rigid
(requires a special procedure for its amendment) and flexible (can be amended
in the same manner as ordinary laws are made).The Constitution of India is
neither rigid nor flexible, but a synthesis of both.The Indian Constitution is
neither rigid (like the USA) nor flexible (like Britain), but a blend of both.
● Federal System with Unitary Bias – The Constitution of India establishes a
federal system of government and contains all the usual features of a
federation. However, it also contains a large number of unitary or non-federal
features.
● Parliamentary Form of Government – The Constitution of India has adopted
the British Parliamentary System of Government. The parliamentary system is
based on the principle of cooperation and coordination between the legislative
and executive organs.
● Synthesis of Parliamentary Sovereignty and Judicial Supremacy – The
synthesis of parliamentary sovereignty and judicial supremacy in India represents
a delicate balance between the authority of the legislature to enact laws and the
power of the judiciary to review and interpret these laws in light of constitutional
principles.While Parliament retains the ultimate authority to make laws, the
judiciary serves as the guardian of the Constitution, ensuring that
parliamentary actions adhere to constitutional norms and protect fundamental
rights.
● Integrated and Independent Judiciary – The Indian Constitution establishes an
integrated and independent judicial system in the country.
An integrated judicial system means that a single system of courts, consisting
of Supreme Court, High Courts, and Subordinate Courts, enforces both the
central laws as well as the state laws.
An independent judicial system means that the Indian judiciary operates
autonomously, free from the influence of the executive and legislative branches
of government.
● Fundamental Rights – The Indian Constitution guarantees 6 fundamental
rights to all citizens, which promotes the idea of political democracy in the
country. They operate as limitations on the tyranny of the executive and arbitrary
laws of the legislature. Meant for promoting the ideals of political democracy. Part
III of the Constitution guarantees six Fundamental Rights to all citizens:
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
● Directive Principles of State Policy – The Indian Constitution contains a set
of principles in the form of Directive Principles of State Policy (DPSPs), which
denote the ideals that the state should keep in mind while formulating policies
and enacting laws.
The Directive Principles seek to establish a ‘Welfare State’ in India by
promoting the ideal of social and economic democracy.
● Fundamental Duties – The fundamental duties are a set of moral and civic
obligations outlined in the Constitution of India.These duties serve as a guide
for citizens to contribute towards building a strong and harmonious nation.Added
to the Constitution (by 42nd Amendment Act 1976) only after the
recommendations of the Swaran Singh Committee.
Part IV-A of the Constitution (only one Art 51-A) specifies the 11 Fundamental
Duties. Non-justiciable in nature.
● A Secular State – The Constitution of India does not uphold any particular
religion as the official religion of the Indian State. Instead, it mandates that the
state treat all religions equally, refraining from favoring or discriminating against
any particular religion.
● Universal Adult Franchise – The Indian Constitution adopted universal adult
franchise as the basis of elections to the Lok Sabha and the State Legislative
Assemblies.Every citizen who is not less than 18 years of age has a right to
vote without any discrimination based on caste, race, religion, sex, literacy,
wealth, and so on.
● Single Citizenship – Single citizenship is a constitutional principle in India
whereby all citizens irrespective of the state in which they are born or reside
enjoy the same political and civil rights of citizenship all over the country, and no
discrimination is made between them.
● Emergency Provisions – The Indian Constitution contains emergency
provisions to enable the President to meet any extraordinary situation
effectively.The rationale behind the incorporation of these provisions is to
safeguard the sovereignty, unity, integrity, and security of the country, the
democratic political system, and the Constitution.
Three types of Emergencies:
1. National Emergency
2. State Emergency
3. Financial Emergency
● Three-tier Government – The three-tier government refers to the division of
governmental powers and responsibilities among three levels- the central
government, state governments, and local governments (Panchayats and
Municipalities).This decentralized system allows for effective governance by
delegating authority to address regional and local issues, promoting participatory
democracy and grassroots development.
Fundamental Rights
In the Indian Constitution, Part III, specifically from Articles 12 to 35, deals with Fundamental
Rights. These are essential human rights guaranteed to all Indian citizens, There are six
fundamental rights mentioned in the Indian Constitution.
Originally, there was also a right to property listed as a Fundamental Right under Article 31.
However, in 1978, the 44th Constitutional Amendment Act removed it from the Fundamental
Rights category and reclassified it as a legal right under Article 300A in Part XII of the
Constitution now it is an ordinary legal right.
The concept of Fundamental Rights in India draws significant inspiration from the United States
Bill of Rights. These rights are a crucial part of the constitution because they are seen as vital for
the development of every individual’s personality and for upholding human dignity.
Also commonly known as the Magna Carta of the Indian Constitution, contains elaborate
provisions regarding Fundamental Rights.
They are termed “fundamental” because they can be legally enforced. This means that
individuals can seek recourse in the courts if these rights are ever violated.
The key categories of Fundamental Rights in India are:
1. Right to Equality (Articles 14-18)
2. Right to Freedom (Articles 19-22)
3. Right against Exploitation (Articles 23-24)
4. Right to Freedom of Religion (Articles 25-28)
5. Cultural and Educational Rights (Articles 29-30)
6. Right to Constitutional Remedies (Article 32)
1. Right to Equality (Articles 14–18)
The Right to Equality is a significant fundamental right in the Indian Constitution.
It ensures that every person, regardless of their religion, gender, caste, race, or place of birth, is
treated equally.
This right extends to employment opportunities in the government and protects against
discrimination by the State based on factors like caste or religion.
It also includes the elimination of titles and the practice of untouchability.
2. Right to Freedom (Articles 19–22)
Freedom is a fundamental value in democratic societies, and the Indian Constitution guarantees
various aspects of freedom to its citizens. These freedoms include:
Freedom of speech
Freedom of expression
Freedom of peaceful assembly
Freedom of association
Freedom to pursue any profession
Freedom to reside anywhere in the country
However, some of these rights can be subject to limitations in the interest of state security, public
morality, decency, or friendly foreign relations, allowing the government to impose reasonable
restrictions.
3. Right against Exploitation (Articles 23–24)
The Right against Exploitation encompasses the prohibition of activities like human trafficking,
forced labor (begar), and the employment of children in hazardous conditions.
The Constitution expressly forbids the employment of children below 14 years in dangerous
work environments.
4. Right to Freedom of Religion (Articles 25–28)
This fundamental right underscores the secular nature of Indian governance, showing equal
respect for all religions.
It guarantees freedom of conscience, profession, practice, and propagation of religion.
India has no official state religion, and individuals have the right to freely practice their faith and
establish religious and charitable institutions.
5. Cultural and Educational Rights (Articles 29–30)
Cultural and Educational Rights protect the interests of religious, cultural, and linguistic
minorities.
They ensure the preservation of their heritage and culture while also promoting education
without discrimination.
6. Right to Constitutional Remedies (Articles 32–35)
The Right to Constitutional Remedies guarantees recourse for citizens if their fundamental rights
are violated.
It empowers individuals to approach the courts for redress. The Supreme Court, in particular, can
issue writs to enforce these rights.
These fundamental rights form the core of individual freedoms and protections within the Indian
legal framework.
Fundamental Duties
The idea of Fundamental Duties is inspired from the Constitution of Russia.
These were incorporated in Part IV-A of the Constitution by the 42nd Constitutional Amendment
Act, 1976 on the recommendations of the Swaran Singh Committee.
Originally 10 in number, one more duty was added through the 86th Constitutional Amendment
Act, 2002. All the eleven duties are listed in Article 51-A of the Constitution (the sole Article in
Part-IV-A).
The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have
also to be quite conscious of duties they owe to their country, their society and to their
fellow-citizens.
However, like the Directive Principles, the duties are also non-justiciable in nature.(can't
approach courts) they are listed below:
1. To abide by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem;
2. To cherish and follow the noble ideals that inspired the national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do so;
5. To promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities and to
renounce practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of the country’s composite culture;
7. To protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures;
8. To develop scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavor and achievement; and
11. To provide opportunities for education to his child or ward between the age of six and
fourteen years (added by the 86th Constitutional Amendment Act, 2002).
Directive Principles of State Policy (DPSP)
Part IV of the Constitution of India (Article 36–51) contains the DPSP.
Article 37 of the Indian Constitution States about the application of the Directive Principles. The
directive principles contained in the Indian constitution are taken from the Irish
Constitution.Directive Principles of State Policy are influenced by Gandhian concept of
Sarvodaya.
Based on Socialist Principles:
Article 38: The state shall strive to promote the welfare of the people by securing and protecting
a social order by ensuring social, economic and political justice and by minimizing inequalities
in income status facilities and opportunities.
Article 39: The state shall in particular direct its policies toward securing
the right to an adequate means of livelihood to all citizens
the ownership and control of material resources shall be organized in a manner to serve the
common good
the state shall avoid concentration of wealth in few hands
equal pay for equal work for both men and women
the protection of the strength and health of workers
childhood and youth shall not be exploited
Article 41: It talks about securing the right to work, to education and to public assistance in case
of unemployment, old age, sickness and disability.
Article 42: The state shall make Provisions for securing just and humane conditions of work and
for maternity relief.
Article 43: The state shall Endeavor to secure to all workers a living wage and a decent standard
of life
Article 43A: The state shall take steps to secure the participation of workers in the management
of Industries
Article 47: To raise the level of nutrition and the standard of living of people to improve Public
Health
Based on Gandhian Principles:
Article 40: The state shall take steps to organize village panchayats as units of self-government.
Article 43: The state shall Endeavor to promote cottage industries on an individual or
cooperative basis in rural areas.
Article 43B: It focuses on the promotion of voluntary formation, autonomous
functioning,democratic control and professional management of Cooperative societies.
Article 46: The state shall promote the educational and economic interests of the weaker sections
of the people, particularly that of Scheduled Castes (SCs), Scheduled Tribes (STs) and other
weaker sections.
Article 47: The state shall take steps to improve public health and prohibit the consumption of
intoxicating drinks and drugs that are injurious to health meanwhile
Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to
improve their breeds.
Based on Liberal Intellectual Principles:
Article 44: The state shall Endeavor to secure for the citizen a Uniform Civil Code through the
territory of India.
Article 45: It focuses on providing early childhood care and education for all children until they
complete the age of six years.
Article 48: It focuses on organizing agriculture and animal husbandry on modern and scientific
lines.
Article 48A: It aims at protecting and improving the environment and to safeguard the forest and
wildlife of the country.
Article 49: The state shall protect every monument a place of artistic or historic interest.
Article 50: The state shall take steps to separate Judiciary from the Executive in the Public
Services of the state.
Article 51: Declares to establish International Peace and security the state shall Endeavor to:
Maintain just and honorable relations with the nations.
Foster respect for international law and treaty obligations.
Encourage settlement of international disputes by arbitration.
