*

Rahul Garg
CS, CWA, LL.B
M.Com
Why do we need constitution
Sources of Indian Constitution
The Constitution of India is Supreme Law of India popularly known as “Mother of
all the laws” as all other laws derive their authority and force from the
constitution.
Key Timelines Indian Constitution
 » Dr. Sachchidananda Sinha was the first president (temporary)
of the Constituent Assembly when it met on December 9,
1946. Later, Dr. Rajendra Prasad became the President of
the Constituent Assembly and Dr. Bhimrao Ambedkar
became the Chairman of its drafting committee on December
11,1946 .

First president (temporary) Dr. Sachchidananda Sinha (Left) on December 9, 1946. Dr. Rajendra Prasad (Middle) the
President of the Constituent Assembly and Dr. Bhimrao Ambedkar (Right) the Chairman of its drafting committee as
on December 11,1946 .
 The framing of Indian
Constitution
The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected
members of the Provincial Legislative Assemblies while 93 members were nominated by the
Princely States. To these were to be added a representative each from the four Chief
Commissioners Provinces of Delhi, Ajmer- Marwar, Coorg and British Baluchistan.

First day (December 9, 1946) of the Constituent Assembly. From right: B. G. Kher and Sardar Vallabhai
Patel;
K. M. Munshi is seated behind Patel.
*
 Structure of Indian Constitution
FEDERAL STRUCTURE
 Dual Government,
 Distribution Of Powers,
 Supremacy Of The Constitution,
 Independence of Judiciary,
 Written Constitution, And
 Rigid Procedure for the amendment of the
Constitution.

UNITARY STRUCTURE
 Single Citizenship
 Emergency Power
 Strong Centre
 Residuary Power
 Single Constitution
Parliamentary form of Government
Separation Of Powers

The separation of powers, often imprecisely used

interchangeably with the political principle, is a model
for the governance of a state (or who controls the
state). The model was first developed in ancient Greece
and Rome. Under this model, the state is divided into
branches, each with separate and independent powers
and areas of responsibility so that the powers of one
branch are not in conflict with the powers associated
with the other branches.
Separation Of Powers
 Fundamental Rights

Fundamental rights is a charter of rights contained in the Constitution

of India. It guarantees civil liberties such that all Indians can lead their
lives in peace and harmony as citizens of India. These include
individual rights common to most liberal democracies, such as equality
before law, freedom of speech and expression, and peaceful assembly,
freedom to practice religion, and the right to constitutional remedies
for the protection of civil rights by means of writs such as habeas
corpus.
 Fundamental Rights

Justifiability of Fundamental Rights (Article 13)

Existing Laws: Article 13(1) relates to the laws already

existing in force, i.e. laws which were in force before
the commencement of the Constitution (pre
constitutional laws).

Future Laws: Article 13(2) relates to future laws, i.e.,

laws made after the commencement of the
Constitution (Post Constitutional Laws).
 Doctrine

Doctrine of fundamental rights

Doctrine of Severability - One thing to be noted in Article 13 is that, it is not

the entire law which is affected by the provisions in Part III, but the law becomes
invalid only to the extent to which it is inconsistent with the Fundamental Rights.
So only that part of the law will be declared invalid which is inconsistent, and the
rest of the law will stand

Doctrine of Eclipse - A law made before the commencement of the

Constitution remains eclipsed or dormant to the extent it comes under the shadow
of the fundamental rights

Doctrine of Waiver - The doctrine of waiver of rights is based on the premise

that a person is his best judge and that he has the liberty to waive the enjoyment
of such rights as are conferred on him by the State. However, the person must
have the knowledge of his rights and that the waiver should be voluntary
 Fundamentals Rights

 Right to Equality
 Right to against Exploitation
 Cultural and Educational Rights
 Right To Freedom
 Right To Freedom Of Religion
 Right to constitutional Remedies
Right to Equality
 Right to Equality
Equality before law & Equal protection of law: Article 14
of the constitution guarantees that all persons shall be
equally protected by the laws of the country. It means
that the State cannot discriminate any person within the
territory of India on the basis of their religion, race,
caste, sex or place of birth

Equality before Law

The expression ‘equality before the law’ which is
borrowed from English Common Law is a declaration of
equality of all persons within the territory of India,
implying thereby the absence of any special privilege in
favour of any individual.Equal Protection of Laws

The second expression “the equal protection of the laws”

is of American Origin which directs that equal protection
shall be secured to all persons within the territorial
jurisdiction of the Union in the enjoyment of their rights
and privileges without favouritism or discrimination.
 Right to Equality
Social equality and equal access to public areas: Article
15 of the constitution states that no person shall be
discriminated on the basis of religion, race, caste, sex or
place of birth.

Every person shall have equal access to public places like

public parks, museums, wells, bathing Ghats and temples
etc.
However, the State may make any special provision for
women and children. It should be maintained with public
funds.

Special provisions may be made for the advancements of

any socially or educationally backward class or scheduled
castes or scheduled tribes.

Equality in matters of public employment:

Article 16(1) guarantees to all citizens equality of
opportunity in matters relating to employment or
appointment of office under the State
Article 16(2) prohibits discrimination against a citizen on
Abolition of Untouchability [Article 17]
Article 17 says that “Untouchability” is abolished and its
practice in any form is forbidden. The enforcement of any
disability arising out of “Untouchability” shall be an offence
punishable in accordance with law.

Abolition of Titles [Article 18]

Article 18 provides as under:
1. State cannot give any title
2. Military or academic titles can be given (Example –
Lieutenant, Major etc)
3. Citizen of India shall not accept any title, place of profit from
foreign states without consent of president
 Right to Freedom

 Scope of Freedom of Speech & Expression

 Freedom to Assemble Peacefully and without Arms
 Freedom to form association and union
 Right of Movement
 Freedom of Residence
 Right to Trade, Occupation, Profession or Business
Scope of Freedom of Speech &
Expression [Article 19.1.a]
The Right to Freedom of Speech & Expression means the right
to express one’s beliefs and opinions freely by word of mouth,
writing, printing, pictures or any other mode. It is one of the
paramount right in a democratic country.

 The right to speech and expression includes right to make a

good or bad speech.
 It also includes right of not to speak.
 Expressions can be even by signs.
 Freedom of press and right to publish one’s opinion is also
included.
 Freedom of peaceful demonstration, dramatic performance
and cinematography is also included.
Grounds of Restriction

1. Sovereignty and Integrity of India

2. Security of State
3. Friendly relations with foreign state
4. Public Order
5. Decency or Morality
6. Contempt of Court
7. Defamation
Freedom to Assemble Peacefully and without
Arms
Freedom of assembly is an essential element in a democratic
Government. Article 19 (1)(b) says that all citizens shall have
right to assemble peacefully and without arms. This right is
not absolute and is subject to limitations in the form of
reasonable restrictions that can be imposed by the state
Grounds of Restriction –

1. Sovereignty and Integrity of India

2. Public Order
Freedom to form association and union
The freedom of association includes freedom to hold meeting
and to takeout processions without arms
Grounds of Restriction –

3. Sovereignty and Integrity of India

4. Public Order
5. Morality
 Right of Movement
This right ensures to right to move freely throughout the
territory of India. This right does not extend to travel
abroad and like other rights even this has some
reasonable restrictions.
Grounds of Restriction –
1. In the interests of the general public
2. Protection of the interests of any schedule of any
Freedom of Residence
schedule tribe.
Freedom of assembly is an essential element in a
democratic

Article 19(1)(e) gives right to reside and settle in any part

of the territory of India. This freedom is said to be
intended to remove internal barriers within the territory
of India to enable every citizen to travel freely and settle
down in any part of a State or Union territory. This right
has some reasonable restrictions.
Grounds of Restriction –
 Right to Trade, Occupation, Profession or
Business

Article 19 (1)(g) says that all citizens shall have right to

practice any profession, trade, occupation, business. This
right has some reasonable restrictions
Grounds of Restriction –
1. In the interests of the general public
2. Prescribing Professional or Technical Qualification
necessary for carrying out any occupation, trade or
business.
3. State can create monopolies and then that business,
trade cannot be carried out by anyone.
Protection Against Ex-Post Facto Laws [Article
20(1)]
Article 20 (1) lays down that no individual can be
convicted for actions that were committed before the
enactment of the law, which declared those actions
illegal. In other words, a legislature declaring an act to be
illegal or offence cannot have a retrospective effect.
 It applies only in criminal cases and not in civil cases.
 It applies only to substantive law and not to the
procedural law
Protection against Double Jeopardy
[Article 20(2)]
Article 20 (2) No person can be prosecuted and punished
for the same offence more than once.
It is to be noted that the conjunction “and” is used
between the words prosecuted and punished, and
therefore if a person has been let off after prosecution
Protection Against Self – Incrimination [Article
20(3)]
No person accused of any offence shall be compelled to
be a witness against himself. This protection is available
only when all the three conditions are fulfilled
 He must be accused of an offence
 There must be a compulsion to be a witness
 The compulsion should result in his giving evidence
against himself
Right to Life and Personal Liberty

Article 21 confers on every person the fundamental right to

life and personal liberty. It says that, “No person shall be
deprived of his life or personal liberty except according to
procedure established by law.” The right to life includes
those things which make life meaningful
Right to Education [Article 21A]
This was introduced by the Constitution (Eighty sixth
Amendment) Act, 2002. According to this, the State shall
provide free and compulsory education to all children of
the age of six to fourteen years in such manner as the
State may, by law, determine
Right against Arrest [Article 22]
A person who is arrested cannot be detained in custody
unless he has been informed, as soon as he may be, of
the grounds for such arrest.
1. Such person shall have the right to consult and to be
defended by a legal practitioner of his choice.
2. A person who is arrested and detained must be produced
before the nearest magistrate within a period of twenty-
four hours of such arrest, excluding the time of journey.
And such a person shall not be detained in custody
beyond twenty- four hours without the authority of
Prohibition of Traffic in Human Beings and
Forced Labour [Article 23]
Article 23 imposes a complete ban on traffic in human
beings, beggar and other similar forms of forced labour.
The contravention of these provisions is declared
punishable by law.

Prohibition of Employment of Children

(Article 24)
Article 24 prohibits the employment of children below the
age of fourteen in any factory or mine. The Employment
of Children Act, 1938; The Factories Act, 1948; The Mines
Act, 1952; The Apprentices’ Act, 1961; and the Child
Labour (Prohibition and Regulation) Act, 1986 are some of
the important enactments in the statute book to protect
the children from exploitation by unscrupulous employers
PRight to Freedom of Religion [Articles 25
to 28]
Article 25 gives to every person the: (i) freedom of
conscience, and (ii) the right freely to profess, practice and
propagate religion.
Special right has been accorded to the Sikhs to wear kirpan as
part of professing their religion
 Directive Principles of State Policy

Directive Principles are the ideals which the Union and State
Government must keep in mind while formulating policies or
pass a law. The Directives, however, differ from the
Fundamental Rights in the following respects:
(i) The Directives are not enforceable in the courts
(ii) The courts cannot declare any law as void on the ground that
it contravenes any of the Directive Principles.
(iii)The courts are not competent to compel the Government to
carry out any Directives or to make any law for that purpose.
1. State to secure a social order for the promotion of welfare of the people

2. Principles & policy to be followed by the State

 Equal Right for Men and Women

 Equal pay for equal work for men and women

 Distribution of ownership of material resource for common good.

 Ensure Health of citizens at workplace

 Protection of child and youth against exploitation.

3. Equal Justice and free legal aid

4. Just and Human conditions for work

 Fundamental Duties

(a) To abide by the constitution and respect its ideals and

institutions, the National Flag and the National Anthem;

(b)To cherish and follow the noble ideals which inspired our
national struggle for freedom;

(c) To uphold and protect the sovereignty, unity and integrity of

India;

(d)To defend the country and render national service when

called upon to do so;

(e) To promote harmony and the spirit of common brotherhood

amongst all the people of India transcending religious,
linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women;
Structure of Civil Courts
 Jurisdiction of Civil Courts
Jurisdiction means the authority by which a Court has to
decide matters that are brought before it for adjudication.
The jurisdiction of a Civil Court is decided on the following
basis:-

Main Grounds

(i) Jurisdiction over the subject matter

The jurisdiction to try certain matters by certain Court is
limited by statute; e.g. a small cause court can try suits
for money due under a promissory note or a suit for
price of work done.

(ii) Place of suing or territorial jurisdiction

A territorial limit of jurisdiction for each court is fixed by
the Government. Thus, it can try matters falling within
the territorial limits of its jurisdiction.
 Jurisdiction of Civil Courts
Jurisdiction over persons
All persons of whatever nationality are subject to the jurisdiction of
the Civil Courts of the country except a foreign State, it’s Ruler or its
representative except with the consent of Central Government.

Pecuniary jurisdiction depending on pecuniary value of the suit

Section 6 deal with Pecuniary jurisdiction and lays down that
save in so far as is otherwise expressly provided Courts shall only
have jurisdiction over suits the amount or value of which does
not exceed the pecuniary limits of any of its ordinary jurisdiction.
There is no limit on pecuniary jurisdiction of High Courts and
District Courts.

Jurisdiction may be further classified into following categories

depending upon their powers:
a) Original Jurisdiction — A Court tries and decides suits filed
before it.
b) Appellate Jurisdiction — A Court hears appeals against
decisions or decrees passed by sub- ordinate Courts.
Criminal and appellate Jurisdiction — The Supreme Court, the High
Courts and the District Courts have both original and appellate
jurisdiction in various matters.
Classes of Criminal Courts
 Powers of Criminal Courts
Status of the Court Fine Imprisonment

Supreme Court / High Can impose any amount of Can sentence any period of imprisonment
Court fine as prescribed under law as prescribed under law
including death sentence.

Session Judge / Additional Session Can impose any amount of They may pass any sentence authorised
Judge
fine as prescribed under law by law. Though death sentence passed by it is subject to approval
of High Court.

Assistant Session Judge Can impose any amount of They may pass any sentence authorised
fine as prescribed under by law upto 10 years.
law

Chief Judicial Magistrate Can impose any amount of They may pass any sentence authorised
/ Chief Metropolitan fine as prescribed under law by law upto 7 years.
Magistrate

Magistrate of the First Can impose any amount of They may pass any sentence authorised
Class / fine as prescribed by law upto 3 years.
Metropolitan Magistrate under law upto Rs. 10000/-

Magistrate of the Second Class Can impose any amount of They may pass any sentence authorised
fine as prescribed by law upto 1 year.
under law upto Rs. 5000/-
 Local Self-Government system in India

Why do we need Self – Government :

(i) The main goad is to Decentralization of Powers
(ii) This is form of local self government in Rural Aras.
(iii)This is to implement democracy at grass root level

Why do we need Self – Government :

(iv)Panchayat Raj has always existed in the Indian Society
(v) Gandhiji always supported the idea of Gram Swaraj.
(vi)Among Britisher Lord Ripon also suggested local self government

Articles related to Panchayat Raj :

(vii)Article 40 for Directive Principles
(viii)Balvant Rai Mehta Committee suggested three tier system.
(ix)73rd Amendment in Indian Constitution
Three Tier System
 Indian Independence Act 1947

Features :
(i) India to be divided into India and Pakistan, two independent
countries
(ii) There would be a separate constituent assembly for Pakistan to
frame its constitution.
(iii)August 15, 1947, was date fixed for handling over power to India
and Pakistan.
(iv)The Act announced lapse of British power over Indian States

Development after the Act :

There were several developments after the transfer of power by the
Independence Act. The Indian Constituent Assembly drafted the
Indian Constitution in 1949 which finally got into effect on January
26, 1950, declaring India a republic. Pakistan, on the other hand,
officially became a republic on March 23, 1956
Center State Relations
Law Making in Parliament
 Types of Bills
 Ordinary Bill – Private Member or Government
 Money Bill

Law Making in Parliament

 First reading
 Publication in gazette
 Reference to the Standing Committee
 Second Reading
 Third Reading
 Bill is sent in the other House
 President’s assent to the Bill
 Powers of Indian Parliament
 Ordinary Bill – Private Member or Government
 Money Bill
 Legislative powers
 Executive powers
 Financial powers
 Constituent powers
 Judicial powers
 Electoral powers
 Other powers
 Rajya Sabha (Council of States)
(i) The Rajya Sabha (Council of States) is the Upper House of our Parliament.
(ii) It consists of not more than 250 Members, out of which, 238 Members represent the States and
Union Territories and 12 Members are nominated by the President from amongst the persons having
special knowledge and practical experience in respect of such matters as literature, science, art and
social service.
(iii) At present, the actual strength of Rajya Sabha is 245.
(iv) A permanent body, Rajya Sabha is not subject to dissolution. However, one-third of its Members retire
biennially.
(v) A Member who is elected for a full term retains his membership for six years. He is eligible for re-
election.
(vi) A Member elected/nominated to a casual vacancy serves for the remainder term only.
(vii) Members of Rajya Sabha are elected by the elected members of the State Legislative Assemblies in
accordance with the system of proportional representation by means of the single transferable vote.
 Lok Sabha (House of the People)
(i) Lok Sabha is composed of representatives of the people chosen by direct election on the
basis of the adult suffrage.
(ii) The maximum strength of the House envisaged by the Constitution is 552.
(iii) This is made up by election of upto 530 members to represent the States, upto 20
members to represent the Union Territories and not more than two members of the
Anglo-Indian Community to be nominated by the Hon'ble President.
(iv) The total elective membership is distributed among the States in such a way that the ratio
between the number of seats allotted to each State and the population of the State is the
same for all States.
(v) The Lok Sabha, unless sooner dissolved, continues to operate for five years from the date
appointed for its first meeting.
Difference between Lok Sabha and Rajya Sabha
Lok Sabha Rajya Sabha
1 Lok Sabha is also known as House of Rajya Sabha is also known as
the People. Council of States.

2 The tenure of Lok Sabha continues for 5 Rajya Sabha is a Permanent body.
years, except dissolved earlier.

3 The Speaker heads the Lok Sabha. Vice President of India heads the
Rajya Sabha.

4 25 years is the minimum age to 30 years is the minimum age to

become a member of Lok Sabha. become a member of Rajya Sabha

5 Strength of Lok Sabha is 552 members Strength of Rajya Sabha is 250

members.