The Indian Constitution

The Indian Constitution

An Overview

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DisclaimerThe presentation that follows is true and updated to the best of our knowledge. However, viewers are requested to verify details from authentic sources.


The Indian ConstitutionPre-independence:1. 1600-1765: The coming of the Britishers and

their establishment

2. 1765-1857: The British East India Company’s rule in India

3. 1857-1947: Rule of the British Monarchy


The Indian ConstitutionPredecessors to the Indian Constitution:

• The Charter Act 1813, 1833, 1853

• Indian Councils Act 1892, 1909

• The Government of India Act 1919, 1935

• The Indian Independence Act 1947


The Indian ConstitutionEvolution: British legacy visible in… • Bi-cameral Parliamentary system• The administrative system, including the

Civil Services• Central Secretariat managing the admin of

the central government• Military and Judicial system, and so on…


The Indian ConstitutionComparative study

• The Indian Constitution was formed after a careful study of numerous constitutions, apart from the British laws.

• We may proudly say that our constitution uses some of the best concepts from all over the world.


The Indian ConstitutionBasic Source• The Indian Constitution bears a strong resemblance to the Govt of India Act, 1935.

• Approximately 250 clauses have been taken either verbatim or with minor changes.


The Indian ConstitutionConcepts inspired by:• British Laws:

– Law making procedure– Rule of law– Single citizenship– Parliamentary System


The Indian ConstitutionConcepts inspired by:• US Constitution

– Independence of the Judiciary– Fundamental Rights– President as the Executive Head


The Indian ConstitutionConcepts inspired by:• Canada

– Federal system with a strong centre• Ireland

– Directive Principles


The Indian ConstitutionConcepts inspired by:• Germany

– Emergency Provisions• Erstwhile USSR

– Fundamental duties


The Indian ConstitutionConcepts inspired by:• France

– Liberty, Equality, Fraternity• Union of South Africa

– Amendment of the Constitution

and so on…


The Indian ConstitutionHistorical Facts• Chairman of the Drafting Committee: Dr

Babasaheb Ambedkar, rightly called the Father of the Indian Constitution.

• Committee took nearly 3 years for completion of the Constitution

• Adopted on November 26, 1949• Enacted on January 26, 1950


The Indian ConstitutionNumbers: • The Draft Constitution had 315 Articles & 8

Schedules, while…• The Constitution, when adopted on Nov 26,

1949, had 395 Articles, divided in 22 parts with 8 Schedules.


The Indian ConstitutionThe Indian Constitution has…• Preamble• Articles• Chapters• Schedules• Appendices• Indian Penal Codes• Amendments


The Indian ConstitutionThe Preamble• It lists the Intentions and Spirit of the

Constitution.• Key words: “…resolved to constitute India

into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC….JUSTICE, LIBERTY, EQUALITY, FRATERNITY…”


The Indian ConstitutionThe Preamble• Legally speaking, it was as late as 1973 that

the Preamble was acknowledged as the integral part of the Indian Constitution. (Keshavanand Bharti case) by the Supreme court.


The Indian ConstitutionKey Words• SOVEREIGN: Independent of any external

powers.• SOCIALIST: Welfare state• SECULAR: Rising above religious differences

for the welfare of citizens• DEMOCRATIC: Fair elections• REPUBLIC: Power not hereditary.


The Indian Constitution448 Articles; some of the important ones..• Article 12 –35 Specify the Fundamental

Rights available• Article 36-50 Specify the Directive Principles

of state policy• Article 51A Specifies the Fundamental

Duties of every citizen


The Indian Constitution448 Articles; some of the important ones..• Article 80 Specifies the number of seats for

the Rajya Sabha• Article 81 Specifies the number of seats for

the Lok Sabha• Article 343 Hindi as official language


The Indian Constitution448 Articles; some of the important ones..• Article 356 Imposition of President’s Rule in

states• Article 370 Special status to Kashmir• Article 395 Repeals India Independence Act

and Government of India Act, 1935


The Indian ConstitutionSchedules: Total 12 Schedules covering:• The territories of States and Union

Territories (UTs)• Oaths to be taken by officials• Division of Power between centre and state• Regional languages• Rajya Sabha seat allotment… etc.


The Indian Constitution12 Schedules: • Schedule 1: State and UTs territories• Schedule 2: Salaries of top officials• Schedule 3: Oaths for Officials• Schedule 4: Rajya Sabha seat allotment• Schedule 5: Admin of Scheduled Areas• Schedule 6: Admin of Tribal Areas


The Indian Constitution12 Schedules: • Schedule 7: List of laws of State-Centre• Schedule 8: List of languages• Schedule 9: Acts of Land Reforms• Schedule 10: Defection Provisions• Schedule 11: Panchayat Admin• Schedule 12: Municipalities Admin


The Indian Constitution5 Appendices• Appendix I—The Constitution (Application

to Jammu and Kashmir) Order, 1954.• Appendix II— Re-statement, with reference

to the present text of the Constitution, of the exceptions and modifications subject to which the Constitution applies to the State of Jammu and Kashmir.


The Indian Constitution5 Appendices• Appendix III—Extracts from the Constitution

(Forty-fourth Amendment) Act, 1978.• Appendix IV—The Constitution (Eighty-sixth

Amendment) Act, 2002.• Appendix V— The Constitution (Eighty-

eighth Amendment) Act, 2003.


The Indian ConstitutionIndian Penal Code• The main criminal code• Spread over 23 Chapters, covering every

admissible offense• Among them 309 (Suicide), 310

(punishment of death) and 420 (cheating) are some that are commonly known.


The Indian ConstitutionAmendments• …means Modification in the Constitution by

way of addition, deletion or correction• A total of 98 Amendments have been made

till now (i.e. 2014), averaging about 1.5 Amendments every year in about 60 yrs ….compared to about 27 Amendments in the US constitution over 230 years.


The Indian ConstitutionList of some Major Amendments (Am’s)• The 4th Am: Authorised state to nationalize

any trade• The 10th Am: Incorporated Dadra and Nagar

Haveli in the Indian Union• The 12th Am: Incorporated Goa, Daman and

Diu in the Indian Union• The 14th Am: Incorporated Pondichery (now

Puduchery) in the Indian Unionwww.empowercareer.com

The Indian ConstitutionList of some Major Amendments (Am’s)• The 16th Am: Restrictions on Fundamental

Rights• The 24th Am: Affirmed the right of the

Parliament to amend any part of the Constitution, including Fundamental Rights


The Indian ConstitutionList of some Major Amendments (Am’s)• The 42nd Am: Most comprehensive

– Added the words SOCIALIST and SECULAR to the Preamble

– Added 10 Fundamental Duties– Authorized Parliament to make laws to deal

with anti-national activities (later deprived by the 43rd Am)


The Indian ConstitutionList of some Major Amendments (Am’s)• The 44th Am: Deleted Right to Property from

Fundamental Rights• The 61st Am: Reduced voting age from 21 to

18• The 85th Am: Allows accelerated promotions

to government employees, belonging to SC or ST community


The Indian ConstitutionList of some Major Amendments (Am’s)• The 86th Am: Made free and compulsory

primary education a Fundamental Right• The 86th Am: Empowered Centre to levy

Service Tax• The 93rd Am: Made provisions for SC, ST and

OBCs in unaided educational institutions


The Indian ConstitutionSome Landmark cases• Golaknath v/s State of Punjab 1967 (key words:

Fundamental rights)• Keshavanand Bharti v/s State of Kerala 1973 (key

words: Fundamental rights)• Mohd. Ahmed Khan v. Shah Bano Begum 1985

(key words: alimony, common Civil code)• Madhav Jiwaji Rao Scindia Vs Union of India 1970

(key words: abolition of privy purses and titles of erstwhile Indian rulers)


The Indian ConstitutionDid you know?The Constitution of India was

handwritten and calligraphed in both English

and Hindi – not typeset or printed. The

original copies are kept in special helium-filled

cases in the Library of the Parliament of India.



Thank you.


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The Indian Constitution

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