3 ORGANS OF GOVERNMENT

LEGISLATURE EXECUTIVE JUDICIARY

The organ which primarily looks

Law making body. after the implementation of rules To protect Rule of Law and
Parliament is the national and administration. ensure Supremacy of law.
legislature. We in India have an single
Parliament in India has two In India we have Parliamentary integrated judicial system.
houses. system of Executive i.e. We have
President as formal head of the
S.C.
state and PM who run the
Lok Sabha government.
Rajya Sabha High Courts
Permanent Executive: Bureaucracy
District courts
Who has the power to make decisions in the society?

What will set some limits on what a government can impose on

its citizens ? These limits are fundamental in sense that the
government may never trespass them.

What enables the government to fulfill the aspirations of the

people and create a just society ?
These questions are nothing but explain what are the functions of a Constitution.

What India is ? Who will govern its people? How they will govern ?......

The Constitution gives us the answer.

Constitution is a compact document that comprises a number of articles about

the state, specifying how the state is to be constituted and what norms it should
follow.
India’s constitution was formally created by a Constituent Assembly between
December 1946 and November 1949.

The Constitution drew enormous legitimacy from the fact that it was drawn up
by the people who enjoyed immense public credibility, and
who had the capacity to negotiate and command the respect of a wide cross-
section of society.
CONSTITUTION ASSEMBLY

The idea for the first time was put forward by M.N. Roy in 1934.
In 1935 INC officially demanded an assembly to frame the constitution.

As INC persisted with the demand the British accepted the demand in what is
known as the ‘August Offer’ of 1940.
Sir Stafford Cripps came to India with the draft proposal.
Muslim League rejected the proposal as they wanted India to be divided into two
states with two separate constituent assemblies.

Finally a Cabinet Mission in 1946 was sent to India. It rejected idea of two
Constituent assemblies but put forth a scheme that Muslim League agreed to.
COMPOSITION OF CONSTITUENT ASSEMBLY
Constituted in December 1946. Its first meeting was on Dec. 9 1946.
Its members were chosen by Indirect election by the members of the Provincial
legislative assemblies established under Government of India Act 1935.

Total strength of the assembly was to be 389.

Out of this some were allotted to British India and some to Princely states.

1946 – J.N. NEHRU – OBJECTIVES RESOLUTION

Its modified version forms the Preamble of the present Constitution.

 Before 1947

BRITISH INDIA ( INDIAN PROVINCES)

Madras, Bombay, Bengal, Punjab etc.

PRINCELY STATES
Baroda, Bhopal, Gwalior, Jaipur, Jodhpur, Mysore etc.
With Partition in 1947
The number of members in the assembly was reduced to 299.
(Strength of Indian provinces was 229 and of Princely states was 70.)

The Constitution was adopted on NOVEMBER 26 1949.

It came into force on JANUARY 26 1950.

The assembly also adopted:

NATIONAL FLAG on JULY 22, 1947
NATIONAL ANTHEM on JANUARY 24, 1950
NATIONAL SONG on JANUARY 24, 1950

The last meeting of Constituent assembly was on January 24 1950.

President of the Constituent assembly : Dr. Rajendra Prasad

The constituent assembly had EIGHT MAJOR COMMITTEES on different subjects.

Ex: Advisory committee on Fundamental Rights – Sardar PATEL
Union Powers Committee – Pandit Nehru

Drafting Committee - Dr. B.R. Ambedkar (Chairman)

It consisted of 7 members.
The father of the Constitution of India
On November 26 1949
The CONSTITUTION OF INDIA was adopted with
A Preamble
395 Articles
8 Schedules

IMPORTANT FACTS
1. B.N. Rau was appointed as the constitutional advisor to the assembly.
2. Elephant was adopted as the symbol (seal) of the assembly.
 HISTORICAL
BACKGROUND
REGULATING ACT 1773
The first step in Indian history that was taken by British government to control
and regulate the affairs of East India company in India.
It recognised the political, administrative functions of the EIC.
It provided the establishment of a Supreme court at Calcutta (1774).
Indian Councils Act 1909
It introduced the system of communal representation for Muslims with concept of
‘separate electorate’.
Lord Minto – Father of Communal electorate.

Government of India Act 1919

It demarcated and separated Provincial and central subjects.
It divided the Provincial subjects into 2 parts- Transferred and Reserved.
This dual scheme of Governance was known as Dyarchy.
It introduced Bicameralism and Direct elections in the country.
It extended Communal representation by providing separate electorate
for Sikhs, Indian Christians etc.
Government of India Act 1935
1. It abolished Dyarchy.
2. It provided for the establishment of an All India Federation
consisting of Indian princely states and provinces.
Federal list- For Centre
Provincial list - For provinces
Concurrent list- For both
3. It provided for establishment of a Reserve Bank of India to
control currency and credit of the country.

Our Constitution is very heavily Influenced by GOI Act 1935.

1. Lengthiest written Constitution.
2. Drawn from various sources.
3. Blend of Rigidity and Flexibility.
4. Single Citizenship.
5. Three tier government.
The Constitution have included a large number of the provisions of
the Government of India Act of 1935 into the Constitution of India.

Drawn from different sources

1. British Constitution
Parliamentary government, Rule of Law, legislative procedure, single citizenship,
cabinet system, parliamentary privileges and bicameralism.

2. US Constitution
Fundamental rights, independence of judiciary, judicial review, impeachment of
the president, removal of Supreme Court and high court judges and post of vice
president.

3. Irish Constitution
Directive Principles of State Policy, nomination of members to Rajya Sabha and
method of election of president.

4. Canadian Constitution
Federation with a strong Centre, vesting of residuary powers in the Centre,
appointment of state governors by the Centre, and advisory jurisdiction of the
Supreme Court.
• 6. Australian Constitution
• Concurrent List, freedom of trade, commerce and inter-course, and joint sitting of the
two Houses of Parliament.

• 7. Weimar Constitution of Germany

• Suspension of Fundamental Rights during Emergency.

• 8. Soviet Constitution (USSR, now Russia)

• Fundamental duties and the ideal of justice (social, economic and political) in the
Preamble.

• 9. French Constitution
• Republic and the ideals of liberty, equality and fraternity in the Preamble.

• 10. South African Constitution

• Procedure for amendment of the Constitution and election of members of Rajya Sabha.
Constitution at a Glance
• Parts Subject Matter Articles
PARTS SUBJECT MATTER ARTICLES COVERED
• Covered
I The Union and its territory 1 to 4
II Citizenship 5 to 11
III Fundamental Rights 12 to 35
IV Directive Principles of State Policy 36 to 51
IV-A Fundamental Duties 51-A
V The Union Government 52 to 151
.
.
.
 Constitution has 12 Schedules.
• First Schedule
1. Names of the States and their territorial jurisdiction
2. Names of the Union Territories and their extent.

• Fourth Schedule
• Allocation of seats in the Rajya Sabha to the states and the union territories.

• Fifth Schedule
• Provisions relating to the administration and control of scheduled areas and
scheduled tribes.
• Seventh Schedule
• Division of powers between the Union and the States in terms of
• List I (Union List), List II (State List) and List III (Concurrent List).

• Eighth Schedule
• Languages recognized by the Constitution. Originally, it had 14 languages
but presently there are 22 languages.

• Tenth Schedule
• Provisions relating to disqualification of the members of Parliament and
State Legislatures on the ground of defection.
 Preamble of the Constitution
American Constitution was the first to begin with a Preamble.

The Preamble reveals four ingredients or components:

1. Source of authority of the Constitution: The Preamble states that the
Constitution derives its authority from the people of India.
2. Nature of Indian State: It declares India to be of a sovereign, socialist,
secular democratic and republican polity.
3. Objectives of the Constitution: It specifies justice, liberty, equality and
fraternity as the objectives.
4. Date of adoption of the Constitution: It stipulates November 26, 1949, as
the date.
• In the Kesavananda Bharati case (1973), the Supreme Court held that
Preamble is a part of the Constitution.
• It observed that the Preamble is of extreme importance and the
Constitution should be read and interpreted in the light of the grand and
noble vision expressed in the Preamble.

• The Preamble can be amended, subject to the condition that no

amendment is done to the ‘basic features.
It has been amended once. It was done by the 42nd Constitutional
Amendment Act (1976), which added three new words–Socialist, Secular and
Integrity.
• Fundamental Rights

The Fundamental Rights are guaranteed by the Constitution to all persons

without any discrimination.
The Fundamental Rights are named so because they are guaranteed and
protected by the Constitution, which is the fundamental law of the land.
They are ‘fundamental’ also in the sense that they are most essential for
the all-round development (material, intellectual, moral and spiritual) of the
individuals.
Originally, the Constitution provided for seven Fundamental Rights
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 property (Article 31)
7. Right to constitutional remedies (Article 32)

However, the right to property was deleted from the list of Fundamental
Rights by the 44th Amendment Act, 1978.
 FUNDAMENTAL RIGHTS

Right to Equality (Articles 14 - 18)

Right to Freedom (Articles 19 - 22)
Right against Exploitation (Articles 23 - 24)
Right to freedom of Religion (Articles 25 - 28)
Cultural & Educational Rights (Articles 29 - 30)
Right to Constitutional Remedies (Articles 32)

Article 31 – Repealed by 44th Amendment Act, 1978

They are not absolute but qualified. The state can impose reasonable restrictions on
them. However, whether such restrictions are reasonable or not is to be decided by the
courts.

They can be suspended during the operation of a National Emergency except the rights
guaranteed by Articles 20 and 21.
Protection in respect of conviction for offences (Article 20).
Protection of life and personal liberty (Article 21).

Certain fundamental rights are available only to the citizens and not to foreigners.
Right against discrimination on the grounds of religion, race, caste, sex or place of birth
(Article 15)
Right to equality of opportunity in matter of public employment (Article 16)
Freedom of speech and expression, assembly, association, movement, residence and
profession (Article 19)
Cultural and educational rights (Article 29 and 30)R available only to citizens
• and not to fore
When the Fundamental Rights of a citizen are violated, the aggrieved party
has the option of moving either the high court or the Supreme Court
directly.

For enforcement of fundamental rights, the judiciary has been armed with the
power to issue the writs. The power to issue writs for the enforcement of
Fundamental Rights is given to the -
Supreme Court (Article 32) and
High Courts (Article 226).
1. Habeas Corpus
2. Mandamus
3. Certiorari
4. Quo-Warranto
5. Prohibition
Directive Principles of State Policy
Part IV of the Constitution from Articles 36 to 51.

These denotes the ideals that the State should keep in mind while
formulating policies and enacting laws. These are the
constitutional instructions or recommendations to the State.

Directive Principles are non-justiciable in nature, that is, they are

not legally enforceable by the courts for their violation.

These principles reflect the ideology of socialism. They lay down

the framework of a democratic socialist state, aim at providing
social and economic justice, and set the path towards welfare
state.
For example they direct the state:

To promote equal justice and to provide free legal aid to the poor (Article 39 A).

To secure the right to work, to education and to public assistance in cases of

unemployment, old age, sickness and disablement (Article 41).

To make provision for just and humane conditions of work and maternity relief (Article 42)

To raise the level of nutrition and the standard of living of people and to improve public
health (Article 47).

It is said that DPSP are based on Gandhian ideology/principles.

 Fundamental Duties (Article 51A)

In 1976, the fundamental duties of citizens were added in the Constitution.

They’re based on the SWARAN SINGH committee recommendations.

Like DPSP they are also Not Enforceable.

At present we have 11 Fundamental Duties in India.

Provide opportunities for education
to his child or ward between the
age of six and fourteen years.
This duty was added by the 86th
Constitutional Amendment Act,
2002
 RAJYA SABHA
Maximum Strength: 250
238 – States and UT
12 – Nominated by President

At Present
245 Members
229 from states
4 from UT
12 Nominated by President
Election
Chairman
Term
Dissolution ?
 LOK SABHA

Maximum strength: 542

530 states
20 UT
2 Anglo Indians

At Present: 545
530 states (524 now)
13 from UT ( 19 after J&K declaration as UT)
2 Anglo Indians
Election
Speaker
Term (At present 17 th Lok Sabha)
 ORDINARY BILL MONEY BILL

It can be introduced only in the Lok

Sabha and not in the Rajya Sabha
It can be introduced either in the
Lok Sabha or the Rajya Sabha.
It can be introduced only by a minister
It can be introduced either by a
minister or by a private member. It cannot be amended or rejected by the
Rajya Sabha.
It can be amended or rejected by The Rajya Sabha should return the bill
the Rajya Sabha. with or without recommendations, which
It can be detained by the Rajya may be accepted or rejected by the Lok
Sabha for a maximum period of six Sabha.
months. It can be detained by the Rajya Sabha
for a maximum period of 14 days.
Joint sitting is an extraordinary machinery provided by the Constitution
to resolve a deadlock between the two Houses over the passage of a bill.
The president can summon both the Houses to meet in a joint sitting.

Speaker of Lok Sabha presides over the Joint meeting of the two
Houses. The joint sitting is governed by the Rules of Procedure of Lok
Sabha.

Till now it has happened only thrice.

The President of India
ARTICLE 52: There shall be a President of India.
The President is the head of the Indian State. He is the first citizen of India.

The President is elected not directly by the people but by members of

electoral college consisting of:
1. the elected members of both the Houses of Parliament.
2. the elected members of the legislative assemblies of the states.
and
3. the elected members of the legislative assemblies of the Union
Territories of Delhi and Puducherry.

All doubts and disputes in connection with election of the President are inquired into
and decided by the Supreme Court whose decision is final.
Qualification:
Must be a citizen of India
Completed 35 years of age
Eligible to be a member of Lok Sabha.

The oath of office to the President is administered by the Chief Justice of India.

The powers enjoyed and the functions performed by the President are
1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
5. Diplomatic powers
6. Military powers
7. Emergency powers
 EMERGENCY PROVISIONS

An emergency due to war, external aggression or armed rebellion.

(Article 352). This is popularly known as ‘National Emergency’.

An Emergency due to the failure of the constitutional machinery in the

states (Article 356). This is popularly known as ‘President’s Rule’.

Financial Emergency due to a threat to the financial stability or credit of

India (Article 360).
VICE PRESIDENT

Election: By members of an electoral college consisting -

Members of both Houses of Parliament.

Qualification: He must be a citizen of India, not less than 35 years of age, and
eligible for election as a member of the Rajya Sabha.

The Vice-President is ex-officio Chairman of the Rajya Sabha.

 THE SUPREME COURT

Chief Justice – the senior most judge

Present CJI: Justice N.V. Ramanna (48th CJI)

Presently: 34 ( CJI and 33 other judges )

The power to increase or decrease the number of Judges in the Supreme Court rests
Parliament.

APPOINTMENT OF JUDGES (ARTICLE 124)

Chief Justice of India
Appointed by the President after consultation with such judges of the Supreme Court and High courts as he
deems necessary.
Term of CJI: till the age of 65 years.

Other judges
Appointed by President after consultation with the Chief Justice and such other judges of the Supreme Court and
the high courts as he deems necessary
HIGH COURTS
Head of the judiciary in a State.
There shall be a High Court for each State. (Article 214).

Appointment of the Judges

The Chief Justice of the High Court is appointed by the President after consultation with the
Chief Justice of Supreme Court and Governor of the concerned state.
Term : till the age of 62 years.

First female judge:

First female judge in SC:
Longest serving CJI :
Father of PIL:
CAG – Comptroller and Auditor General
ATTORNEY GENERAL
SOLICITOR GENERAL
ELECTION COMMISSION
CBI

Committees