Unit-1

Constitutional History and Directive Principles

Introduction

- Constitution was derived from Latin word Constiture which means to establish. It
means the establishment of certain fundamental principles according to which the
government is run.
- In narrow sense, constitution consists of those fundamental written rules which
outline the structure of the govt. and define the relationship and powers of three
departments of the govt., viz, executive, legislature and judiciary.
- Broad sense, constitution also includes a large collection of unwritten parts- such as
customs, practices and conventions.

Classification of Constitutions

1. Written Constitution: Appadoarai described that a written constitution is “ one in

which the fundamental principles concerning the organization of govt. and rights of
citizens are written in a document. The constitution of USA, India and France are
written ones.
2. Unwritten Constitution: A constitution which is not in the written form is called
unwritten constitution. According to Jameson, “ an unwritten constitution is one
which is made up largely of customs and judicial decisions”. The constitution of UK
is good example of unwritten constitution.
3. Rigid Constitution: A.V.Dicey defined a Rigid Constitution as one under which
certain laws generally known as constitutional or fundamental laws cannot be changed
in the same manner as the ordinary laws. Switzerland and the USA are the best
examples for the rigid constitution.
4. Flexible Constitution: Prof. Garner defined a Flexible Constitution as “ one which
possesses no higher legal authority than ordinary laws and which may be altered in
the same way as other laws whether are embodied in a single document or consist
largely of conventions. England is a good example of flexible constitution because it
is largely unwritten.

Constitutional Developments during colonial period

1. In 1773, the British Parliament enacted the Regulating Act to manage the affairs of
the east India Company. It is only after 1857 that constitutional development
intimately linked with the national liberation movement.
2. Regulating Act-1773: The beginning of Parliamentary control over the govt. of the
company. Subordination of presidencies of Bombay and Madras to Bengal. The
Governor of Bengal made the Governor-General. Council of Governor-General
established. Supreme court was established at Fort William
3. Pitts India Act-1784: Reiterated the supremacy of British Parliament over the
administration of the company. Reduced the strength of the council from four to three.
The company’s territories in India were called “the British possessions in India.
Governors councils established at Bombay & Madras

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Charter Acts

1. Charter Acts 1813: Company’s monopoly of India trade terminated and it was opened
to all the British subjects. Missionaries were allowed to preach in India
2. 1833: Governor-General of Bengal designated as Governor-General of India. The first
faint beginning of central legislature for India. Fair and impartial treatment to Indians
in matter of selection for state services.
3. 1853: Indian Civil Service opened for all. For the first time, the legislature was given
the right to frame its own rules of procedure.

Impact of Colonial Rule in India

1. First time the economy and geography has been integrated.

2. Uniform kind of administration has been established by the East India Company in the
country.
3. Same kind of political institutions have been established in all over the country.

Act of 1858

 It was the result of 1857 Sepoy Mutiny.

 British government abandoned the occupation of Indian territories
 Indian Administration was taken over by the British Crown
 Office of Secretary of State and Council of India was created.
 It promised to introduce the representative form of government in India

Indian Council Acts

 1861: Established legislative councils at the centre and in the presidencies and
provinces. Council has right to discuss budget under certain conditions
 1892: It increased the strength of the central as well as provincial legislative councils.
It partially introduced the elective system and greatly enlarged the functions of the
councils.

Government of India Act, 1909

 It is known as Morley-Minto Reforms and it was first attempt at introducing a

representative and popular element.
 It is the consequence of the movement against the Bengal Partition.
 Councils for the first time referred to as “Legislative Councils.
 Separate Electorates to Muslim and Chambers of Commerce.
 Increased strength of the Central Legislative Council from 16 to 60. Increased
strength of provincial legislative councils of Madras, Bengal, Bihar, Bombay, Orissa,
United provinces to 50 and those of Punjab, Burma and Assam to 30 each.

Government of India Act, 1919

 It was Known as Montague-Chemsford Reforms

 Dyarchy in the provinces, relaxation of centre control over the provinces
 Indian legislature made more representative and bi-cameral, legislative assembly and
council of state to consist of 145 and 60 members

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  Divided the administrative subjects of Union and the State governments into two lists:
Union List and State List

Government of India Act, 1935

 Dyarchy was abolished at state level and introduced at central level
 The bi-cameral central legislature to consist of federal assembly and council of states
 Three fold division of legislature powers (Federal, Provincial and Concurrent List)
 It separated Burma from India
 It provided for special representation to Indian Christians, Anglo-Indian, Europeans
an Harijans in Legislative councils

Indian Independent Act, 1947

 Sovereignty and responsibility of British Parliament abolished

 Dominion legislature became sovereign
 Governor-General and Provincial Governors became constitutional heads
 The crown ceased to be the source of authority
 Before granting independence to India, British Governments asked the Indians to
participate in the Constituent Assembly election to prepare future constitution for
India

Composition of Constituent Assembly

The seats allocated to British Indian Territory in the Constituent Assembly, the elections were
held during July and August, 1946. The members were elected by assembly members of
Provincial states whereas the Princely states nominated members to the Constituent
Assembly.

Seats allotted Seats won

British India 292 (General-210) (Reserved-82) INC-202, ML-73, Others-17*
Chief Commissioner’s Province 4
Princely States 93
Total Seats 389 INC-208, ML-73
After Partition , 90 gone to 299 (British India-229, Princely
Pakistan (389-90) States-70)

Allocation of Seats to British Indian States

Name of Province Seats allotted

Madras 49
Bombay 21
West Bengal 19
United Provinces 55
East Punjab 12
Bihar 36
C.P & Berar 17
Assam 8
Orissa 9
Delhi, Coorg, Ajmeer-Mewar 3 (one each)
Total 229

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Drafting Committee

 First meeting was held on 9th Dec, 1946 and on 11th Dec, Rajendra Prasad was
elected as Chairman of Constituent Assembly (CA).
 Dr. B.R.Ambedkar was elected as Chairman of Drafting Committee.
 The other members include Alladi Krishna Swami Ayyar, N.Gopala Swami Iyengar,
Sayyed Mahammad Sadullah, K.M.Munshi, B.L.Mittal (later N.Madhav Rao),
D.P.Khaitan(later T.T.Krishnamachari)
 B.N.Rau was the advisor of the CA and S.N.Mukherjee was the Chief Draftsman

Drafting of Constitution

 First draft was published on 21st Feb,1948 and it was adopted by CA on 26th Nov-
1949.
 Last sitting of CA was held on 24th Jan-1950 and it elected Rajendra Prasad as
President of the Indian Republic. India became Republic on 26th Jan, 1950.
 The total time taken for the drafting of Constitution was 2years, 11 months and 18
days.

Sources of Indian Constitution

1. Government of India Act 1935: Office of Governor, Public Service Commissions,
Emergency Provisions
2. Britain: Parliamentary form of Govt., Rule of Law, Legislative Procedure, Single
Citizenship, Cabinet System, Writs
3. America : Fundamental Rights, Independent Judiciary, Judicial Review, Office of
Vice-President, Procedure of removal of Judges of SC and HCs
4. Russia: Fundamental Duties, Socio, Economic and political justice
5. Ireland: Directive Principles, Nomination members to Rajya Sabha, Method of
Election of President
6. Canada: Federation with strong Centre, residuary powers with Centre, appointment
of Governor by Centre, advisory jurisdiction of SC
7. Australia: Concurrent List, Inter-state commerce, Joint sitting of both the houses of
Parliament
8. Germany: Suspension of Fundamental Rights during emergency
9. France: Republic, Liberty, equality, fraternity
10. South Africa: procedure of amendment to the const. election of members to Rajya
Sabha
11. Japan: the procedure established by law in Article 21

Preamble
The Preamble is the introductory page of Indian Constitution. It explains basic philosophy of
Constitution. The preamble of the Indian Constitution, after the 42nd Amendment in 1976,
reads
“We the people of India, having solemnly resolved to constitute India into a
Sovereign, Socialist, Secular, Democratic Republic, and to secure to all its citizens”
Justice, Social, economic and political
Liberty of thought, expression, faith, belief and worship,
Equality of status and of opportunity and to promote among them all
Fraternity, assuring the dignity of the individual and the unity and integrity of the
nation

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 In our constituent assembly, this 26th day of Nov, 1949, do hereby adopt, enact and
give to ourselves this constitution

Features of Indian Constitution

1. Largest Written Constitution of the World
Indian Constitution consists of 22 parts (25 at Present), 8 Schedules (12 at Present)
and 395 articles (Above 460 at present). Indian Constitution is largest constitution in
the world. The constitutions of bigger countries like US (7 Articles), Australia (128),
Canada (147) are smaller than Indian Constitution.

2. Admixture of Flexibility and Rigidity

Indian Constitution is neither Flexible like UK constitution nor Rigid like US
constitution. It is combination of Flexible and Rigid.

Flexible: The method of the procedure of the amendment is simple. Ex: British
Constitution.

Rigid: The method of amendment is not simple. Ex: American Constitution

Indian Constitution is admixture of flexibility & rigidity. Three methods are followed
to amend the Constitution depending on the articles. Constitutional makers followed
three methods to amend the Constitution.

A. Simple Method
Some provisions of the Constitution can be amended by a simple majority of the
parliament. Ex: creation of new state, citizenship, official language, quorum in
Parliament, strength of Supreme Court judges etc. (total 22 articles)

B. Semi Rigid Method

This is the ‘Amendment by a Special Majority of Parliament’. An amendment bill has
to be passed by this each of the two houses by a majority of the total membership
(absolute majority) and by two thirds majority of the members present and voting.
Many provisions like fundamental rights and directive principles.

C. Rigid Method
- This is by “Special Majority of the Parliament plus Ratification by the states”.
- First, the amendment bill is to be passed by both the houses of the Union
Parliament by majority of total membership and two third majority members
present and voting in each house.
- Second, the amendment bill passed by the Parliament would have to be
ratified by at least half of the State Legislature and assented by the President
of India.
- Ex: Election to President, Executive powers of the Union and States,
Provisions of the Supreme Court and High Courts, Union State Relation and
the procedure of the amending article 368.
3. Federal Structure with Unitary Features
- Constitution contains both the features of federal and unitary governments.
- It is federal in normal times and unitary in emergencies.

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 - Federal Features: two governments, bicameralism, representation of states in
the parliament, division of powers etc.
- Unitary features: Single Citizenship, Integrated Judiciary, Parliament’s power
to initiate constitution amendment resolutions, appointment of Governors, role
of All India Services personnel in state administration.
- Constitution has more federal features than unitary features.
- Dr. Ambedkar described our constitution as a federation tilting towards a
unitary state. According to K.C. Where-India has a ‘quasi-federal’ system.
4. Parliamentary Government
- Indian Constitution adopted parliamentary government of the British type at
the Union and in the states.
- Makers of constitution preferred Irish precedent of an elected President instead
of a hereditary Monarch.
- Two types of executive heads, PM’s leadership, collective responsibility,
nominal position of president, parliament’s control over the executive etc.
5. Fundamental Rights
- Seven Fundamental Rights are enshrined in third part of Constitution from
article 12 to 35.
- Right to Equality, Freedom, Right against exploitation, Right to Religion,
Cultural and Educational Rights, Right to Constitutional Remedies.
- Right to Property has been deleted from the Constitution in 1978 through 44th
Constitutional Amendment.
6. Fundamental Duties
- Fundamental Duties are inserted to IV part of Constitution to article 51A in
1976 through 42nd Constitutional Amendment Act.
- The duties include respecting constitution, national flag, anthem, safeguarding
public property, developing scientific temper, etc.
7. Directive Principles of State Policy
- Directive Principles are enshrined in IV of Indian Constitution from article 36
to 51. They are adopted from Irish Constitution.
- They are aimed at transforming India into Welfare state, Gandhian State and
Liberal Intellectual oriented state.
- They strive to ensure adequate means of livelihood, fair distribution of wealth,
equal pay for equal work, compulsory free children aged between six and
fourteen years. They also ensure provision of relief in the case of
unemployment, old age and sickness etc.
8. Independent Judiciary
- The judiciary performs its function independently. The legislature or the
executive shall not interfere in the working of the judiciary.
- It carries on its obligations according to the constitutional norms and
democratic principles.
- The judges were provided independence in several matters like appointment,
transfer, promotion, salary, allowances and other amenities.

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9. Universal Adult Franchise
- Universal Adult Franchise is given to all citizens without any discrimination
based on caste, colour, creed, community, religion, region, sex, property, etc.
- At the beginning voting right was given at 21 years age. It was reduced to 18
through 61st constitution amendment act, 1988.
10. Single Citizenship
- Constitution conferred single citizenship to all persons who are born in India
and who resided in India for a specific period.
- It made this provision for avoiding fissiparous tendencies in the country.
- It was aimed to promote unity and integrity among Indians.
11. Bicameralism
- Constitution provided for bicameralism at the Union and States.
- Union Parliament consists of two houses: LoK Sabha which represents people
and Rajya Sabha represent the interests of States.
- Whether to have bicameral or unicameral legislative system at the state level,
the option is left to the states. As a result only six states are having bicameral
legislature: Legislative Assembly and Legislative Council. For instance AP,
Telangana, Karnataka, Maharashtra, UP and Bihar have two legislative bodies.
12. Special Provisions for Backward Classes
- Fifth and Sixth Schedules of Constitution made a few special provisions for
protecting the interests of Scheduled Castes(SCs) and Scheduled Tribes(STs).
- It authorized the Union Executive to appoint the Chairman and members of
National Commission for the SCs and STs to report on the matters relating to
the safeguards provided for the SCs and STs.
- It empowered the Union Executive to give directions to the state governments
for the implementation of various schemes for their development.
13. Panchayati Raj and Nagar Palika Acts
- The Parliament enacted the 73rd and 74th constitution amendment acts in 1992.
- Both the acts gave the constitutional validity to the local governments in the
country.
- The acts aim at decentralization of powers and authority both in rural and
urban areas.
- They seek to provide adequate representation for women, SCs, STs and other
weaker sections in policy making, at various stages in local governments.
14. Sovereign, Socialist, Secular, Democratic & Republic
- The preamble of our constitution described India as a Sovereign, Socialist, Secular,
Democratic and Republic.
- It reflects the historic objectives resolution of Nehru, which was adopted by the
Constituent Assembly on 22nd Jan, 1947 It was a declaration, a firm resolve, a pledge,
an undertaking and a dedication.
- Both Socialist and Secular words were later inserted to the preamble through 42nd
Constitution Amendment Act in 1976.

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 Directive Principles of State Policy
Introduction
- Directive Principles of State Policy comprise some instructions to executive and the
legislature and local self-organs functioning at union, state and local levels.
- They serve as the best means for ensuring justice and social, economic and political
freedoms for all Indians.
- The survival and future of the political parties and governments depend on the
implementation of these principles.
- The origin of Directive Principles can be traced back to the Roman Empire. Later they
were adopted by Spain and Ireland. Former Czechoslovakia, Yugoslavia and the China
adopted these principles.
- The Constitutional makers have taken into consideration the desires, aspirations and
interests of ordinary people. They considered several elements while including these
principles in the constitution. Of them the Karachi Congress Resolution (1931), UDHR
(1948), Gandhiji’s preaching's and Socialist Principles.

Characteristics of Directive Principles

1. They are in the form of directives or instructions issued to the successive governments
in India.
2. They are positive in nature as they extend the jurisdiction of the governments at
various levels in India.
3. Enforcement of these principles depends upon the availability of financial resources.
4. They are popular in nature as they aim at the establishment of egalitarian society.
5. They have to be implemented by any party in power irrespective of its political
ideology.
6. Failure to implement these principles is not considered as a breach of law.
7. They are non-justifiable in nature as no one can force the governments to implement
them immediately. The governments have discretion in implementing these principles.
8. They aim at realizing political democracy, economic equality and social harmony in
the country.
9. Social welfare, instead of individuals’ progress, is the main theme of these principles.

Classification of Directive Principles

M.P.Sharma, G.N.Joshi and others analyzed the Directive Principles of State Policy under
three heads
1. Socialist Principles
2. Gandhian Principles
3. Liberal-Intellectual Principles

1. Socialist Principles
The Socialist Principles are added in the DPSP for achieving the objective of the establishing
welfare state in India. Articles 38, 39, 41, 42, 43, 46 and 47 explain the socialist ideology of
Directive Principles.
- Article 38 provides that the State shall strive to promote the welfare of the people by
securing and protecting a social order in which justice (social, economic and political)
shall be ensured to all the people.
- Article 39 stipulates that the State shall take steps for the

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 a. provision of adequate means of livelihood
b. Distribution of material resources for sub-serving the common good
c. Decentralization of nation’s wealth,
d. Equal pay for equal work for both men and women;
e. preserving the health and strength of workers, men and women
f. Protecting childhood and youth against exploitation
- Article 41 seeks the state to ensure the rights to work, to education and to public
assistance in case of unemployment, old age, sickness, disablement etc.
- Article 42 points out that the state shall make provision for securing just and humane
conditions of work and for maternity relief.
- Articles 43 directs the State to provide all workers (agricultural, industrial) a living
wage and conditions of work ensuring a decent standard of living, enjoyment of leisure,
social and cultural opportunities.
- Article 46 makes the State to promote the educational and economic interests of the
weaker sections of the people, and in particular, of the SCs and the STs. The State shall
protect them against social injustice and all forms of exploitation.
- 7. Article 47 insists the State to raise the level of nutrition and standard of living of the
people and to improve public health

2. Gandhian Principles
Gandhian Principles provide ideal rule in India. They are reflected in Articles 40, 43, 46, 47,
48A and 49
- Article 40 directs the State to organize village panchayats and endow them with
adequate powers so as to enable them to function as units of self-government
- Articles 43 directs the State strive for the promotion of cottage industries on individual
or co-operative basis in rural areas.
- Article 46 directs the State to promote the educational and economic interests of the
weaker sections with special care.
- Article 47 directs the State to endeavor to bring about prohibition of intoxicating drinks
and of drugs
- Article 48 instructs the Sate to organize agriculture and animal husbandry on modern
and scientific lines. It also emphasizes on prohibition of slaughter of cows, calves and
other milch and draught cattle.
- Article 48A directs the State to preserve the environment and to safeguard the forests
and wild life of the country.
- Article 49 instructs the State to protect the monuments, places and other objects of
artistic or historic and national importance.

3. Liberal-Intellectual Principles
These principles relate to the realization of certain objectives like provision of basic
education, uniform civil code, independent judiciary and international peace. They are
incorporated in Articles 44, 45, 50 and 51 of the Constitution.
- Article 44 directs the State to secure for the citizens uniform civil code throughout the
country.
- Article 45 prescribes that the State shall provide free and compulsory education for all
the children below 14 years of age with in a period of ten years from the
commencement of the constitution. The Constitution (86th Amendment) Act, 2002
substituted the following words in Article 45. “The State shall endeavor to provide

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 early childhood care and education for all children until they complete the age of six
years”.
- Article 50 stipulated that the State shall take steps to separate judiciary from executive
in public services of the state.
- Article 51 envisages the State to
a) promote international peace and security
b)maintain just and honorable relation between nations,
c) foster respect for international laws and treaty obligations and
d) encourage settlement of international disputes by arbitration.

Additional Principles
The Constitution (42 and 44th Amendment) Acts of 1976 and 1978 added a few more subjects
to the list of Directive Principles. While the Constitution (42nd Amendment) Act inserted
Articles 39A, 43A, the Constitution (44th Amendment) Act, included Articles 38 clause 2.
- Minimizing the inequalities in income.
- Provisions of equal justice and free legal aid to the poor (article 39A)
- Securing participation of workers in the management of the industries (Article 43A)
- Protecting environment, forests and wild animals (Article 48A).

Relevance and Importance of Directive Principles

- Granville Austin observed that the socialist and revolutionary ideas are clearly found in
the Directive Principles.
- These principles are to be implemented by any party in power.
- They create an atmosphere for the people for enjoying their fundamental rights.
They act as a guide to the judiciary for determining the actual jurisdiction of the fundamental
rights.

Criticism on Directive Principles

- Ivor Jennings, Prof.Srinivasan, G.N.Joshi, Prof. K.T.Shah, K.C.Wheare,
T.T.Krishnamachari and Nasiruddin Ahmed considered the principles as hollow
promises, showcase articles and solemn resolutions that are mere ornamental in nature.
- Prof K.T.Shah described them as “the cheque payable by a bank at its convenience”
- Nasiruddin Ahmed criticized that these principles are like New Year wishes which are
ignored on the next day.

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