2. Syllabus
Definition of constitution
Historical background of the constitution
Salient features of constitution
Preamble to the constitution of India
Union and its territories
Meaning of citizenship, types and termination of citizenship
3. DEFINITION OF CONSTITUTION
It is the fundamental law of the country.
It is a body of rules and regulations written as well as
unwritten whereby the government is organised and is
functioning.
It is a collection of fundamental principles according to
which the powers of the government, the rights of the
governed and the relations between the two are adjusted.
4. TYPOLOGY OF CONSTITUTION
Classification based on codification status
• Written (codified) constitution – Eg: Constitution of India, Pakistan, USA
• Unwritten (uncodified) constitution – Eg: Constitution of UK, Canada etc
Classification based on evolution status
• Evolved constitution – No specific date of origin. Eg: constitution of UK
• Enacted constitution – There is a date of implementation. Eg: American , Indian
Classification based on rigidity
• Rigid constitution – Eg: American constitution
• Flexible constitution – Eg: British constitution
Indian constitution is a blend of rigid as well as flexible constitution
5. HISTORICAL BACKGROUND OF THE CONSTITUTION
The idea of the constitution was first proposed by M N Roy in the year 1934
In 1935, in the Indian National Congress, Jawaharlal Nehru officially demanded
this.
This demand for the creation of constituent assembly was accepted by British
government in 1940.
As per the suggestion of Cabinet Mission, a constituent assembly will be formed
of the representatives of the Provincial assemblies and the Princely states.
The total members of the constituent assembly were 389 – out of which 296
members represented British Provinces and 93 members represented the
Princely States.
The constituent assembly was first met on 9th December 1946 with Dr.
Sachidananda Sinha as its temporary chairman.
On 11th December 1946, Dr. Rajendra Prasad was elected as the permanent
chairman and H. C Mukherjee became the vice chairman.
6. On 29th August 1947, Drafting committee was formed with 7
members, under the chairmanship of Dr. B.R. Ambedkar.
The committee studied the constitutions of various countries and
took the good features from every constitution and included them
in the Indian Constitution. The draft was prepared by February
1948.
In 26 November 1949, the constitution of India was passed and
adopted by the Constituent Assembly.
In 24 January 1950, the constituent assembly had its last meeting.
The new constitution came into effect on 26 January 1950 (The
process took 2 years, 11 months and 18 days - at a total
expenditure of 6.4 million to finish).
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C. Rajagopalachari took over from Lord Mountbatten and
became the first Governor General of India.
India thus became a Republic and Dr. Rajendra Prasad became
the first President.
7. SALIENT FEATURES OF CONSTITUTION
The Lengthiest Constitution of the World:
The Indian Constitution is one of the lengthiest constitutions in the world and it
is also very detailed. At present, the Constitution of India contains 448 Articles,
25 Parts, and 12 Schedules.
Drawn From Various Source:
• The Indian Constitution was framed from multiple sources including the
Government of India Act 1935 and Other Countries Constitutions.
For Eg:
• Basic structure (Federal scheme, Judiciary, Governors, Emergency powers,
Public Service Commissions, Administrative details etc.) was borrowed from the
Government of India Act 1935.
• Fundamental Rights from American Constitution.
• Directive Principles from Irish Constitution etc.
8. Blend Of Rigidity And Flexibility
• Indian Constitution has gone through 103 amendments so far but
there are certain steps to be satisfied before bringing in the
amendment.
• Thus the Indian Constitution is a unique blend of rigidity and
flexibility.
Universal Adult Suffrage:
• The concept of Adult suffrage allows every citizen of our country
who is above eighteen years has the right to vote in the elections.
• Any adult who is eligible to vote should not be discriminated on
any basis like gender, caste and religion.
9. Federal System:
• The Indian Constitution includes all the federal characteristics of governance
such as dual government system (centre and state),
• Division of powers between the three state organs (executive, judiciary and
legislature), constitutional supremacy, independent judiciary and bicameralism
(lower and upper house).
Parliamentary Form of Government:
• The Constitution of India provides for a parliamentary system of government
at the Centre as well as in every state of the Union.
The President of India is the constitutional head with nominal powers.
The Union Council of Ministers headed by the Prime Minister is the real
executive. Ministers are essentially the members of the Union Parliament.
• On similar lines, a parliamentary government is also at work in each state with
Governor as its executive head. All the members of Legislative Assembly is
headed by Chief Minister of the state.
10. Establishment of Sovereign, Socialist, Secular,
Democratic, Republic:
• The term Sovereignty is the backbone of our Indian Constitution
that protects the authority of the people. (It means people have
the supreme right to take decisions on internal as well as
external matters. No external power can dictate the
government of India.)
• The system of Socialism promotes equality among people and
ensures the welfare of people.
• Secularism promotes the development and unity of various
religions.
• Democracy provides people with the power to govern.
• The term Republic provides the people power to elect their own
representatives.
11. Fundamental Rights:
• Fundamental rights are those rights which are essential for
intellectual, moral and spiritual development of citizens of India.
Directive Principles of State Policy:
• In Part IV of the Constitution, the Directive Principles of State
Policies (DPSPs) aims to make India a welfare state.
Independent Judiciary:
. • The Judiciary ensures the proper functioning of the
constitution and the enforcement of various provisions of the
Constitution.
. • The Constitution makers ensured that Judiciary has to be
independent so that it will not be biased. The Supreme court is
considered as the watchdog of democracy.
12. PREAMBLE TO THE CONSTITUTION OF INDIA
Preamble states the objectives of the constitution.
It is the soul of the constitution and contains the
summary or essence of the constitution.
The supreme court stated that it is an integral part of
the constitution.
14. Summary of the Preamble
Source of authority of the Constitution: The Preamble
states that the Constitution derives its authority from the
people of India.
Nature of Indian State: Preamble declares India to be of a
Sovereign, Socialist, Secular, Democratic and Republic.
Objective of the Constitution: Preamble specifies justice,
liberty, equality and fraternity as the objectives.
Constitution of India passed & adopted : 26th November
1949
15. Key Words In Preamble
We, the people of India: It indicates the ultimate sovereignty
of the people of India.
Sovereign: The term means that India has its own independent
authority and it is not a dominion of any other external power.
Socialist: It holds faith in a mixed economy where both private
and public sectors co-exist side by side.
Secular: The term means that all the religions in India get
equal respect, protection and support from the state.
Democratic: 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.
16. The 42nd Amendment also amended
Preamble and changed the description of
India from "sovereign, democratic
republic" to a "sovereign, socialist,
secular, democratic republic", and also
changed the words "unity of the nation"
to "unity and integrity of the nation".
20. THE UNION AND ITS TERRITORY
Part I of Indian Constitution is titled The Union and its Territory. It includes Articles from
1 to 4.
ARTICLE 1: Name And Territory Of The Union
(i) India, that is Bharat shall be a ‘Union of States’ rather than a ‘Federation of States’.
Dr. B.R Ambedkar says that the phrase ‘Union of States’ has been preferred to ‘Federation of
States’ for two reasons
• First reason is that Indian federation is not the result of an agreement among the states like the
American Federation.
• Second is the state have no right to secede from the federation.
(ii) The States and the territories thereof shall be as specified in the First Schedule. (First
schedule – The list of states and union territories and their territories).
(iii) The territories of India shall comprise of
(a) Territories of states
(b) Union territories
(c) Territories that may be acquired by the Government of India at any time.
ARTICLE 2: Admission or establishment of new states.
It empowers the Parliament to ‘admit into the Union of India, or establish, new states on such
21. ARTICLE 3: Formation of new states, alteration of areas, boundaries or
names of existing states.
The Parliament may by law –
(a) Form a new State by separation of territory from any State or by uniting
two or more States or parts of States or by uniting any territory to a part of
any State;
(b) Increase the area of any State
(c) Diminish the area of any State
(d) Alter the boundaries of any State
(e) Alter the name of any State
ARTICLE 4: It declares the law made for admission and establishment of
new states(under article2) and formation of new states and alteration of
areas, boundaries and names of existing states (under Article 3) are not to
be considered as amendments of the constitution.
Such laws can be passed by a simple majority and by ordinary
legislative process.
At present, there are 28 states and 8 union territories.
22. MEANING OF CITIZENSHIP
India has two kinds of people – Citizens and Aliens.
Citizenship signifies the relationship between individual
and state.
Citizens are full members of the Indian state and have
certain duties towards the state. They enjoy all civil and
political rights.
Aliens are citizens of some other state and hence they do
not enjoy all the civil and political rights. There are two
types of aliens – friendly aliens and enemy aliens.
23. Part II of the Constitution of India (Articles 5 to Article 11) deals with the
Citizenship of India.
The Constitution of India only identifies the person who became the citizens of
India at its commencement (26 Jan 1950).
ARTICLE 5: It provided for citizenship on commencement of the Constitution.
All those domiciled and born in India were given citizenship.
Even those who were domiciled but not born in India, but either of whose
parents was born in India, were considered citizens.
Anyone who had been an ordinary resident for more than five years, too, were
considered citizens of India.
ARTICLE 6: It provided rights of citizenship of certain persons who have migrated
to India from Pakistan.
Since Independence was preceded by partition and migration, Article 6 laid down
that anyone who migrated to India before July 19, 1949, would automatically
become an Indian citizen if either of his parents or grandparents were born in
India.
24. ARTICLE 7: It provided rights of citizenship of certain migrants to Pakistan.
Those who had migrated to Pakistan after March 1, 1947 but returned subsequently.
ARTICLE 8: It provided rights of citizenship to certain persons of Indian origin
residing outside India.
Any Person of Indian Origin residing outside India who, or either of whose parents or
grandparents, was born in India could register himself or herself as an Indian citizen.
ARTICLE 9: It provided that if any person voluntarily acquired the citizenship of a
foreign state will no longer be a citizen of India.
ARTICLE 10: Every person, to continue its citizenship shall, subject to the provisions
of any law that may be made by Parliament.
ARTICLE 11: It empowers Parliament to make any provision with respect to the
acquisition and termination of citizenship and all matters relating to it.
25. Types of Citizenship
There are four ways in which Indian citizenship can be acquired: birth, descent, registration
and naturalisation. These provisions are listed under the Citizenship Act, 1955. The Act does
not provide for dual citizenship or dual nationality. It only allows citizenship for a person
listed under the provisions above ie: by birth, descent, registration or naturalisation.
By Birth : A person born in India by birth on or after Jan 26, 1950 and before July 1,
1987 is a citizen of India by birth irrespective of the nationality of the parents.
Those born on or after July1, 1987 and before Dec 3, 2004 are considered to be citizens if
either of their parents is Indian.
Those born on or after Dec 3, 2004, are citizens provided both parents are Indians (or one is
Indian, and the other is not the illegal migrant.
By Descent : Anyone born outside India on/after January 26, 1950, is a citizen by descent if their
father was Indian.
Those born on/after December 10, 1992, are considered Indian citizens, if either of his parent
is Indian.
Those born on/after December 3, 2004, are considered Indian citizens, if their parents
registered their birth at Indian-consulates within one year and declared that the minors don't
hold other countries' passport.
26. By Registration: Citizenship by registration can be availed by persons
of Indian-origin who have been residing in India for seven years before
applying for registration.
It also applies to those who are married to Indians and have been
residing in India for seven years and minors whose parents are
Indians.
Persons of Indian-origin, who are residents of any country outside
undivided India are also eligible.
By Naturalisation: Individuals (who are not illegal immigrants) can
acquire Indian citizenship by naturalization, if they have been residing in
India for 12 years, provided they fulfil other requirements mentioned in
the Third Schedule of Citizenship Act. Under the recently passed
Citizenship (Amendment) Act, 2019, however, the duration of residency
for naturalization for non-Muslim immigrants(Hindu/ Sikh/ Buddhist /
Jain / Zoroastrian / Christian) facing religious persecution in Pakistan,
Afghanistan, and Bangladesh has been reduced to five years.
27. Renunciation: Any citizen of India can voluntarily renounce the
Indian citizenship. In case, a male citizen of India renounces his
Indian citizenship, all his minor children will also lose their Indian
citizenship.
Termination: If a citizen of India voluntarily acquires the
citizenship of another country, he shall cease to be a citizen of India.
Deprivation: Deprivation is compulsory termination of citizenship.
It is applicable only in cases of citizenship acquired by descent,
registration or naturalisation.
