COILE Dr.

Mahendra Pratap Yadav, H & S S

Module : 1- Introduction and basic information about Indian Constitution

Constitutional law :

Constitutional law is a body of law which defines the role, powers, and structure of different
entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as
well as the basic rights of citizens and, in federal countries such as the United States and
Canada, the relationship between the central government and state, provincial, or territorial
governments.

Not all nation states have codified constitutions, though all such states have a jus commune, or
law of the land, that may consist of a variety of imperative and consensual rules. These may
include customary law, conventions, statutory law, judge-made law, or international rules and
norms. Constitutional law deals with the fundamental principles by which the government
exercises its authority. In some instances, these principles grant specific powers to the
government, such as the power to tax and spend for the welfare of the population. Other
times, constitutional principles act to place limits on what the government can do, such as
prohibiting the arrest of an individual without sufficient cause.

In most nations, such as the United States, India, and Singapore, constitutional law is based on
the text of a document ratified at the time the nation came into being. Other constitutions,
notably that of the United Kingdom, rely heavily on uncodified rules, as several legislative
statutes and constitutional conventions, their status within constitutional law varies, and the
terms of conventions are in some cases strongly contested.

The rule of law :

The doctrine of the rule of law dictates that government must be conducted according to law.
This was first established by British legal theorist A. V. Dicey.

Dicey identified three essential elements of the British Constitution which were indicative of
the rule of law:

1. Absolute supremacy of regular law as opposed to the influence of arbitrary power

2. Equality before the law
3. The Constitution is a result of the ordinary law of the land

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Dicey’s rule of law formula consists of three classic tenets. The first is that the regular law is
supreme over arbitrary and discretionary powers. "No man is punishable ... except for a distinct
breach of the law established in the ordinary legal manner before the ordinary courts of the
land."

The second is that all men are to stand equal in the eyes of the law. "...no man is above the
law...every man, whatever be his rank or condition, is subject to the ordinary law of the realm
and amenable to the jurisdiction of the ordinary tribunals."

The third is that the general ideas and principles that the constitution supports arise directly
from the judgements and precedents issued by the judiciary. "We may say that the constitution
is pervaded by the rule of law on the ground that the general principles of the constitution...
are with us the result of judicial decisions determining the rights of private persons in particular
cases brought before the courts."

Constituent Assembly of India:

The Constituent Assembly of India was elected to frame the Constitution of India. It was elected
by the 'Provincial Assembly'. Following India's independence from British Government in 1947,
its members served as the nation's first Parliament.

An idea for a Constituent Assembly was proposed in 1934 by M. N. Roy, a pioneer of the
Communist movement in India and an advocate of radical democracy. It became an official
demand of the Indian National Congress in 1935, C. Rajagopalachari voiced the demand for a
Constituent Assembly on 15 November 1939 based on adult franchise, and was accepted by the
British in August 1940.

On 8 August 1940, a statement was made by Viceroy Lord Linlithgow about the expansion of
the Governor-General's Executive Council and the establishment of a War Advisory Council. This
offer, known as the August Offer, included giving full weight to minority opinions and allowing
Indians to draft their own constitution. Under the Cabinet Mission Plan of 1946, elections were
held for the first time for the Constituent Assembly. The Constitution of India was drafted by
the Constituent Assembly, and it was implemented under the Cabinet Mission Plan on 16 May
1946. The members of the Constituent Assembly were elected by the provincial assemblies by a
single, transferable-vote system of proportional representation. The total membership of the
Constituent Assembly was 389 of which 292 were representatives of the provinces, 93
represented the princely states and 4 were from the chief commissioner provinces of Delhi,
Ajmer-Merwara, Coorg and British Baluchistan.

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The elections for the 296 seats assigned to the British Indian provinces were completed by
August 1946. Congress won 208 seats, and the Muslim League 73. After this election, the
Muslim League refused to cooperate with the Congress and the political situation deteriorated.
Hindu-Muslim riots began, and the Muslim League demanded a separate constituent assembly
for Muslims in India. On 3 June 1947 Lord Mountbatten, the last British Governor-General of
India, announced his intention to scrap the Cabinet Mission Plan; this culminated in the Indian
Independence Act 1947 and the separate nations of India and Pakistan. The Indian
Independence Act was passed on 18 July 1947 and, although it was earlier declared that India
would become independent in June 1948, this event led to independence on 15 August 1947.
The Constituent Assembly met for the first time on 9 December 1946, reassembling on 14
August 1947 as a sovereign body and successor to the British parliament's authority in India.

As a result of the partition, under the Mountbatten plan, a separate Constituent Assembly of
Pakistan was established on 3 June 1947. The representatives of the areas incorporated into
Pakistan ceased to be members of the Constituent Assembly of India. New elections were held
for the West Punjab and East Bengal (which became part of Pakistan, although East Bengal later
seceded to become Bangladesh); the membership of the Constituent Assembly was 299 after
the reorganization, and it met on 31 December 1947. The constitution was drafted by 299
delegates from different caste, region religion, gender etc. These delegates sat over 114 days
spread over 3 years (2 years 11 months and 18 days to be precise) and discussed what the
constitution should contain and what laws should be included. The Drafting Committee of the
Constitution was chaired by B. R. Ambedkar.

Historical background of Constituent Assembly

Description of the constituent assembly :

The Constituent Assembly of India, consisting of indirectly elected representatives, was

established to draft a constitution for India (including the now-separate countries of Pakistan
and Bangladesh). It existed for approx. three years, the first parliament of India after
independence in 1947. The Assembly was not elected on the basis of universal adult suffrage,
and Muslims and Sikhs received special representation as minorities. The Muslim League
boycotted the Assembly after failing to prevent its creation. Although a large part of the
Constituent Assembly was drawn from the Congress Party in a one-party environment, the
Congress Party included a wide diversity of opinions—from conservative industrialists to radical
Marxists, to Hindu revivalists.

The Assembly met for the first time in New Delhi on 9 December 1946, and its last session was
held on 24 January 1950. The hope of the Assembly was expressed by Jawaharlal Nehru:

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The first task of this Assembly is to free India through a new constitution, to feed the starving
people, and to clothe the naked masses, and to give every Indian the fullest opportunity to
develop himself according to his capacity. This is certainly a great task. Look at India today. We,
are sitting here and there in despair in many places, and unrest in many cities. The atmosphere
is surcharged with these quarrels and feuds which are called communal disturbances, and
unfortunately we sometimes cannot avoid them. But at present the greatest and most
important question in India is how to solve the problem of the poor and the starving. Wherever
we turn, we are confronted with this problem. If we cannot solve this problem soon, all our
paper constitutions will become useless and purposeless. Keeping this aspect in view, who
could suggest to us to postpone and wait?

Background and election :

India was still under British rule when the Constituent Assembly was established following
negotiations between Indian leaders and members of the 1946 Cabinet Mission to India from
the United Kingdom. Provincial assembly elections were held in early 1946. Constituent
Assembly members were elected indirectly by members of the newly elected provincial
assemblies, and initially included representatives for those provinces that formed part of
Pakistan (some of which are now in Bangladesh). The Constituent Assembly had 389
representatives, including fifteen women.

The Interim Government of India was formed on 2 September 1946 from the newly elected
Constituent Assembly. The Congress Party held a large majority in the Assembly (69 percent of
the seats), and the Muslim League held nearly all the seats reserved in the Assembly for
Muslims. There were also members of smaller parties, such as the Scheduled Caste Federation,
the Communist Party of India and the Unionist Party.

In June 1947 delegations from Sindh, East Bengal, Baluchistan, West Punjab and the North West
Frontier Province withdrew to form the Constituent Assembly of Pakistan, meeting in Karachi.
On 15 August 1947 the Dominion of India and Dominion of Pakistan became independent
nations, and members of the Constituent Assembly who had not withdrawn to Karachi became
India's Parliament. Twenty-eight members of the Muslim League joined the Indian Assembly,
and 93 members were later nominated from the princely states; the Congress Party secured a
majority of 82 percent.

Constitution and Elections :

On 9 December 1946 the Assembly began its first session, with 211 members attending. By
early 1947, representatives of the Muslim League and princely states joined, and the Assembly

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approved the draft constitution on 26 November 1949. On 26 January 1950 the constitution
took effect (commemorated as Republic Day), and the Constituent Assembly became the
Provisional Parliament of India (continuing until after the first elections under the new
constitution in 1952).

Organization :

Dr. Rajendra Prasad was elected as the president and Its vice-president was Harendra Coomar
Mookerjee, a Christian from Bengal and former vice-chancellor of Calcutta University. Also
chairing the assembly's Minorities Committee, Mookerjee was appointed governor of West
Bengal after India became a republic. Jurist B. N. Rau was appointed constitutional adviser to
the assembly; Rau prepared the original draft of the constitution, and was later appointed a
judge in the Permanent Court of International Justice in The Hague.

The assembly's work had five stages:

 Committees presented reports on issues.

 B.N. Rau prepared an initial draft based on the reports and his research into the
constitutions of other nations.
 The drafting committee, chaired by B. R. Ambedkar, presented a detailed draft
constitution which was published for public discussion.
 The draft constitution was discussed, and amendments proposed and enacted.
 The constitution was adopted, with a committee of experts led by the Congress Party
(known as the Congress Assembly Party) played a pivotal role.

Time Line of Formation of 'The Constitution of India :

 November 1946: Formation of the Constituent Assembly.

 9 December 1946: The first meeting was held in the constitution hall (now the Central
Hall of Parliament House). 1st person to address - J. B. Kripalani. Temporary president
appointed - Sachchidananda Sinha. (Demanding a separate state, the Muslim League
boycotted the meeting.)
 11 December 1946: President Appointed - Rajendra Prasad, vice-Chairman Harendra
Coomar Mookerjee and constitutional legal adviser B. N. Rau (initially 389 members in
total, which declined to 299 after partition. Out of 389, 292 were from government
provinces, 4 from chief commissioner provinces and 93 from princely states)
 13 December 1946: An 'Objective Resolution' was presented by Jawaharlal Nehru, laying
down the underlying principles of the constitution, which later became the Preamble of
the constitution.

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  22 January 1947: Objective resolution unanimously adopted.
 22 July 1947: National flag adopted.
 15 August 1947: Achieved independence. India split into Dominion of India and
Dominion of Pakistan.
 29 August 1947: Drafting Committee appointed with Dr. B. R. Ambedkar as the
Chairman. Other 6 members of the committee were: K.M.Munshi, Muhammed
Saadulah, Alladi Krishnaswamy Iyer, Gopala Swami Ayyangar, N. Madhava Rao (He
replaced B.L. Mitter who resigned due to ill-health), T. T. Krishnamachari (He replaced
D.P. Khaitan who died in 1948).
 16 July 1948: Along with Harendra Coomar Mookerjee, V. T. Krishnamachari was also
elected as the second vice-president of the Constituent Assembly.
 26 November 1949: 'Constitution of India' passed and adopted by the assembly.
 24 January 1950: Last meeting of the Constituent Assembly. 'Constitution of India' (with
395 articles, 8 schedules, 22 parts) was signed and accepted by all.
 26 January 1950: The 'Constitution of India' came in to force after 2 years, 11 months
and 18 Days, at a total expenditure of ₹6.4 million to finish.
 Ganesh Vasudev Mavalankar was the first speaker when meeting the assembly of Lok
Sabha, after turning republic.

Government of India Act 1935 :

The Government of India Act, 1935 was passed by British Parliament in August 1935. With 321
sections and 10 schedules, this was the longest act passed by British Parliament so far and was
later split into two parts viz. Government of India Act, 1935 and Government of Burma Act,
1935.The demand for constitutional reforms in India has been quite old.

The Government of India Act, 1935 derived material from four key sources viz. Report of the
Simon Commission, discussions at the Third Round Table Conference, the White Paper of 1933
and the reports of the Joint select committees. This act ended the system of dyarchy
introduced by the Government of India Act 1919, and provided for establishment of a
Federation of India to be made up of provinces of British India and some or all of the Princely
states. However, the federation never came into being as the required number of princely
states did not join it. It was the last constitution of British India which split Burma from it. It
lasted until 1947, when British territory was split into Pakistan and India.

Salient Features of the Act :

Salient Features of the Government of India Act 1935 were as follows:

 Abolition of provincial dyarchy and introduction of dyarchy at centre.

 Abolition of Indian Council and introduction of an advisory body in its place.

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  Provision for an All India Federation with British India territories and princely states.
 Elaborate safeguards and protective instruments for minorities.
 Supremacy of British Parliament.
 Increase in size of legislatures, extension of franchise, division of subjects into three lists
and retention of communal electorate.
 Separation of Burma from India.

All India Federation :

The proposed all India federation included 11 provinces of British India, 6 Chief Commissioners
Provinces and those princely states who might accede to the federation. For princely states, the
accession to the Federation was voluntary. The federation could not be established until:

 A number of states, the rulers whereof were entitled to choose not less than half of the
104 seats of the council of state , and
 The aggregate population whereof amounted to be at least one half of the total
population of all the Indian states had acceded to the federation.

The term on which a state joined the Federation were to be laid down in the Instrument of
Accession. Joining the federation was compulsory for the British Provinces and chief
commissioners provinces.

Dyarchy at Centre :

Under this act, the executive authority of the centre was vested in the Governor General on
behalf of the Crown. The federal subjects were divided into two fold categories of Reserved and
Transferred subjects. The Reserved list comprised of subjects such as administration of
Defense, External affairs, ecclesiastical affairs and matters related to tribal areas. These
subjects were to administered by Governor General in his discretion with the help of three
counselors appointed by him. They were not responsible to legislative.

The administration of the transferred subjects was to be done by Governor General on advice
of the Council of Ministers whose number could not exceed 10. The council of ministers had to
command the confidence of legislature. However, the Governor General could act on contrary
to the advice of the Council of Ministers if any of his ‘special responsibilities’ was involved in
such act. However, in that case {when an act involved special responsibilities}, the Governor
General would work under the control and direction of the Secretary of State.

Further, the Governor General was also responsible for the coordination of work between the
two wings and for encouraging joint deliberations between the counselors and the ministers.

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Federal Legislature :

The bicameral federal legislature would be consisted of two houses viz. Council of states and
Federal Assembly.

Council of States

The Council of States was to be upper house and a permanent body with one third of its
membership retiring every 3rd year. It was to be composed of 260 members of which 156 were
to be representatives of British India while 104 of the Indian states.

Representatives of British India

The 150 out of 156 representatives of British India were to be elected on communal basis while
six were to be nominated by Governor General from amongst women, minorities and
depressed classes. Further, the seats which were reserved for Hindus, Muslims and Sikhs had to
be filled via direct election while those reserved for Europeans, Anglo-Indians, Indian Christians
and Depressed Classes were to be filled by indirect election.

Representatives of Princely state

The distribution of the seats among states was on their relative importance and not population.
The representatives of the princely states would be nominated by rulers.

Federal Assembly

The Federal Assembly was the lower house with a tenure of five years. It was to be made of 375
members who which 250 representatives of British India and not more than 125 members from
princely states. While the seats reserved for princely states were to be filled by nominated
members, the provinces were given different numbers of seats. Election to the Federal
assembly was to be indirect. The term of the assembly was five years but it could be dissolved
earlier also.

Provincial Autonomy

The most remarkable feature of the Act was the provincial autonomy. With the abolition of
Dyarchy at provinces, the entire provincial administration was instructed to the responsible
ministers who were controlled and removed by the provincial legislatures.

The provincial autonomy means two things. First, the Provincial Governments were wholly,
responsible to the provincial legislatures and secondly, provinces, were free from outside

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control and interference in a large number of matters. Thus, in the provincial sphere, the Act of
1935 made a fundamental departure from the act of 1919.

The act divided the powers between the Centre and provinces in terms of three list-Federal List
(for Centre, with 59 items), Provincial List (for Provinces, with 54 items), and Concurrent list (for
both, with 36 items). Residuary powers were given to the Viceroy.

The degree of autonomy introduced at the provincial level was subject to important limitations:
the provincial Governors retained important reserve powers, and the British authorities also
retained a right to suspend responsible government.

Safeguards and Reservations :

A controversial feature of the Government of India Act, 1935 was the safeguards and
reservations provided in the Act, would serve as checks and limitations on such undesirable
tendencies which might lead to the failure of the responsible government in India. A plea was
given that those safeguards and reservations were necessary for the interests of the country.
They were imposed either on the exercise of powers by the Government of India on of the
states.

It further extended the principle of communal electorate for depressed class (Scheduled castes)
women and labour.

Establishment of Federal Court :

The Government of India Act, 1935 provided for the establishment of Federal Court to interpret
the Act and adjudicate disputes relating to the federal matters. It provided that the Federal
Courts should consist of one Chief justice and not more than six judges.

The Federal Court was given exclusive original jurisdiction to decide disputes between the
Centre and constituent Units. The provision was made for filing of appeals from High Courts to
the Federal Court and from Federal Court to the Privy Council. The Federal Court also had
jurisdiction to grant Special Leave to Appeal and for such appeals a certificate of the High Court
was essential.

Abolition of Indian Council :

It abolished the council of India, established by the Government of India Act of 1858. The
secretary of state for India was provided with a team of advisors in its place.

Extension of Franchise :

The act extended the franchise. This act introduced for the first time the direct elections. About
10% of the total population got the voting rights.

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Federal Railway Authority :

The GOI act 1935 vested the control of Railway in a new authority called Federal Railway
Authority, which had seven members and was free from control of ministers and councilors.
The members of this authority reported directly to Governor General. The idea was to assure
the British Stakeholders of the railways that their investment was safe.

Reorganization of the provinces :

The partial reorganization of the provinces included separation of Sind from Bombay, Splitting
Bihar and Orissa into separate provinces, complete separation of Burma from India,
detachment of Aden from India and establishing as a separate colony.

Separation of Burma :

The Government of India Act 1935 contemplated the Federation of the British Indian Provinces
and Indian States. But for Burma, there was a separate set of Events. Burma was proposed to
be separated in pursuance of the recommendation of the Indian Statutory (Simon Commission)
whose proposal was accepted in principle by the Government. Consequently a Burma Round
Table Conference was held in London in 1932. In 1935, Burma Act was passed and separation of
Burma actually took place in 1937. The Government of India Act 1935 also provided a new
Burma Office, in preparation for the establishment of Burma as a separate colony, but the same
Secretary of State headed both Departments and was styled the Secretary of State for India and
Burma. The first secretary of state for India and Burma was Lord Dundas.

Implications of the GOI Act 1935 :

The proposal for setting up of the Federation of India did not materialize because the act
proposed that federation could come into existence only if as many princely states (which had
been given option to join or not to join) were entitled to one half of the states seats in the
upper house of the federal legislature. Due to this, Central Government in India continued to be
governed by the provision of the Act of 1919(Montague-Chelmsford Reforms).However, some
parts of the GOI Act 1935 came into force for example : the Federal Bank (The Reserve Bank of
India) and the Federal Court were established in 1935 and 1937 respectively. The other parts of
the Act, particularly provincial Autonomy, came into force on 1st April 1937. The first elections
under the Act were also held in 1937.

Indian Independence Act (1947) :

The Indian Independence Act was passed in 1947. The act created two new independent
dominions; India and Pakistan. Pakistan was split into Pakistan and East Pakistan which is now
Bangladesh. The Bengal and Punjab provinces were partitioned between the two new

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countries. These dominions separated the Muslim, Hindu and Sikh population and caused the
biggest forced migration which has ever happened that was not the result of war or famine. The
Act repealed the use of ‘Emperor of India' as a title for the British Crown and ended all existing
treaties with the princely states. Lord Mountbatten continued as Governor-General and
Jawaharlal Nehru was appointed India's first Prime Minister, Muhammad Ali Jinnah became
Pakistan's Governor-General and Liaquat Ali Khan its Prime Minster. The 15th August 1947 has
since become celebrated as India' and Pakistan's Independence Day.

On the basis of Mountbatten Plan, the British government was anxious to transfer power. The
Indian Independence Bill was introduced in British Parliament on July 4 1947. The Act did not
provide for any new Constitution of India. The Act provided for partition of India and the
establishment of the two Dominion (India and Pakistan).

The formal transfer of power into Indian hands was affected by the Indian independence Act.
The Bill was introduced on the House of Commons and within a short span of a fortnight it was
passed by both the Houses of the British Parliament. Lord Mountbatten, the viceroy of India,
put forth the partition plan, known as the Mountbatten Plan. The plan was accepted by the
Congress and Muslim League. Immediate effect was given to the plan by enacting the Indian
Independence Act.

Provisions of the Act :

The main provisions of the Act were as follows –

 The act provided for the end of the British Rule in India on 15 August 1947 and the
establishment of two Dominions of India and Pakistan. The two Dominions were given
the right to secede from the British Commonwealth.
 The Act abolished the office of the secretary of State for India and transferred his
functions to the secretary of state for commonwealth Affairs.
 It provided for the appointment of the Governor-General in each of the Dominions. The
Governor-General was to be appointed by the British King on the advice of the cabinet
of the concerned Dominion.
 Governor-General and the Governors of the provinces were expected to Act on the
advice of the ministers in all matters, including those matters where they could exercise
their special and discretionary powers. Thus they were reduced to the position of
constitutional heads.
 The Act deprived the Monarch of the right to Veto laws or to ask for reservation of
certain laws for his approval. However, this right was reserved for the Governor-
General.

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  The British king was to drop the title of the Emperor of India.
 With the creation of the Dominions of India and Pakistan the appointment of civil
services and reservations of seats by the secretary of state was discontinued.
 The British Government was to transfer all the powers to the Constituent Assemblies of
the two Dominions. No Act of the British parliament could be extended to any Dominion
unless it was adopted by the Legislature of the respective Country as part of its laws.
 Till a new constitution was framed by each Dominion, all the provinces were to be
administered in accordance with the provisions of the Government of India Act 1935.
 The severity of the crown over the Indian states as well as regard to the tribal areas
came to an end with effect from 15 August 1947.

Significance :

The enactment of the Indian independence Act 1947 was an event of great constitutional
significance. As Attlee put it was “the fulfilment of the British mission” in India, the
“Culminating point in a long course of events”. Similarly Lord Samuel described the Act, in the
House of Lords, as “a treaty of peace without war”. Even the Indian leaders hailed the
enactment of this Act. For example Dr. Rajendra Prasad said the period of domination of British
over India ends today and our own relationship with Britain is henceforth going to rest on a
basis of equality, or mutual good will and mutual profit.

The Act market the beginning of a new era of free India but a sizeable population of people and
leaders were unhappy with this. As Maulana Abul Kalam Azad had observed ‘the 14th August
was for the Muslims of Pakistan a day of rejoicing. For the Hindus and Sikhs it was a day of
mourning. Again the termination of the British Paramouncy over the Indian States and the
conceding of right to accede to their Dominion or remain independent, posed a serious threat
to the unity of the Country.

Despite these defects, it cannot be denied that the Indian Independence Act of 1947 closed the
chapter of British rule In India and ushered the dawn of a free India.

SALIENT FEATURES OF THE INDIAN CONSTITUTION :

1. Modern Constitution – Drawn from different sources:

The Constitution of India is a unique and remarkable document having various outstanding
features. It is said that, the Constitution has been prepared after deep study of all the known
Constitutions of the world. The Framers of the Indian Constitution have tried hard to gather the
best features each of the existing constitutions, may be federal, unitary having Parliamentary

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System or Presidential system. For e.g. American Constitution, Canadian, Australian and British
Cabinet System etc.

Sources of the Constitution:

The Constitutional Makers gathers best features of each known constitution of the world that’s
why it is criticized as patch work but it is a beautiful patch work as described in Constituent
Assembly. Structural part– Government of India 1935, Philosophical Part, Fundamental Rights–
U.S.A., Directive Principles– Irish, Federal System- U.S.A. / Canada, Parliamentary System–
United Kingdom, Political Part– British Cabinet System, Executive– Legislature Relations– British
System, Union and State Relationship– Canadian Constitution, Concurrent list– Australian
Constitution, Trade & commerce.– Australia, Emergency – German Reich Constitution.

Our Constitution has adopted various provisions of Constitutions of other countries; 1.

Parliamentary System UK British Constitutional System (Britain has no written Constitution,
Mother of Democracy) 2. Rule of Law 3. Cabinet Form of Government 4. Conventions regarding
Cabinet System 5. Parliamentary Privileges

1. Federal Nature Canada and America 2. Residuary power to the centre However, Indian
Federal System is strongly influenced by Canadian Federation 3. Division of powers 4. System
of Strong Union Government 5. Governor appointed by centre 6. Advisory opinion of Supreme
Court

1. Provision regarding Vice-President 2. Judicial provisions 3. Fundamental Rights 4. Preamble

5. Power of Judicial Review American Constitution

1. Directive Principles of State Policy Irish Constitution 2. Election System of President of India
3. Nominated members on Rajya Sabha

1. Concurrent List Australian Constitution of 1900 2. Interstate Trade and Business provisions 3.
Joint Session of Parliament for passing of bills

1. Republic nature of Indian Constitution: Constitution of France 2. Principle of Liberty, Equality,

Fraternity laid down in Preamble Amendment– Article 368: South Africa Provisions regarding
Emergency Article 352, 356, 360: German Reich Constitution Concept of Socialism,
Fundamental Duties, Five Years Planning System: Russian Constitution Advisory opinion of
Supreme Court strong center, Governor app by President: Canada.

2. Longest known Constitutions of the World

The Indian Constitution has a distinction of being the most lengthy and detailed constitutional
document. When it was adopted, it has 395 Articles and 8 Schedules now after 99th

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Amendment it contains 442 Articles and 12 Schedules. The volume of the Constitution has
increased mainly due to Endeavour of constitutional makers to incorporate detailed
Fundamental Rights, Directive Principles, Parliamentary Systems, Constitution of the Union and
States, Emergency Provisions, Amendment Provisions, detailed Administrative Provisions
regarding Executive, Parliament, Privileges, Union Judiciary, Union Legislature, Comptroller and
Auditor General, State Legislature, High Courts in the States, Union Territories, Union and
States Relations, Finance properties Contracts, Services under the Union and States, Elections,
certain provisions relating to certain classes, language and various schedules etc.

The reason for including detailed provision was that, the constitutional makers sincerely of the
view that smooth working and infant democracy might be jeopardized unless the Constitution
mentioned in detailed things (D. D. Basu – Introduction to the Constitution of India).

3. More flexible than rigid one

Compare to American or Australian Constitution, the Constitution of India is more flexible than
rigid. The American Constitution of 1787 has been amended only 27 times in last 250 years.
Australian Constitution is known as Frozen Constitution. Referendum is required to carry out
amendment in the Constitution. The amending power laid down in Article 368 is comparatively
very much easy, so our Constitution has been amended 99th time so far.

4. Reconciliation of written Constitution with Parliamentary

Sovereignty Written Constitution denotes supremacy of the Constitution and all three organs of
the Government have to function within the framework of the principles laid down in the
written Constitution and it is comparatively rigid one. The principle of parliamentary
sovereignty is peculiar feature of British Westminster Model.

5. Role of convention under the Constitution

Most of the British convention of Cabinet system has been embodied in the Constitution of
India. As Sir Ivor Jennings has observed that “the machinery of Government is essentially British
and the whole collection of British Constitutional conventions has been incorporated as
conventions”. E.g. Article 75 - Cabinet Responsibility and Cabinet System, Leader of majority
party is called to form Government. After passing of No-Confidence motion Ministry has to
resign etc.

6. Justiciable Fundamental Rights

Part III of the Constitution from Article 12 to 35 deals with Justiciable fundamental rights which
is essential for the allround development of the human being. The nature of fundamental rights

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is as such that, human personality cannot be developed in any democratic country without
these sacred rights. They are justiciable because the aggrieved person can move to Court for
vindication of his precious rights, which has been taken from the American Bill of Rights.

7. Non-justiciable Directive Principles

This principle which is some what moral in nature is a gift from Irish Constitution. The socio-
economic democracy is a fundamental object of Constitution which can be fulfilled by
implementation of these novel directives. Of course they are non-justiciable in the sense that,
person cannot move to the Court for non-implementation of the directives. Part IV of the
Constitution Article 36 to 51 deals with directive principles. The enforceability of which, as
noted author Seervai has observed, is found out in the mandate of the people to the
Government. If the welfare principle has not been taken care, then people are free to
overthrow the Government in general elections.

8. Judicial Review

In the Constitution of India, the power of judicial review bestowed upon apex judiciary is one of
the novel outstanding features which is also a part of basic structure of the Constitution.
Unless, judiciary is given power of declaring any law, rules, regulations, bye-laws or any
administrative action which violates provisions of the Constitution including fundamental
rights, the sanctity of the fundamental rights cannot be protected. Particularly for the
protection and to maintain enforceability of fundamental rights. The Courts of Law is
empowered to use this power against any organ of the State i.e. Legislative or Executive. The
power of judicial review is incorporated in Article 13, 32, 141, 143, 226 and Court is empower to
issue writs in the nature Habeas Corpus, Mandamus, Prohibition, Quo-warranto, Certiorari. The
power of judicial review is a precious gift from American Supreme Court in the celebrated
judgment in Marbury vs. Madison 1803.

9. Socio-economic Justice

Constitution aims at securing socio-economic and political justice and guarantees that State will
not discriminate between one citizen and another merely on the ground of religion, race, caste,
sex or place of birth in the matter of employment, special provisions for the women’s,
children’s, socially and educationally backward classes and Scheduled Caste and Scheduled
Tribes including Prohibition of Untouchability.

10. Fundamental Duties

Article 51A which is inserted by 42nd constitutional amendments 1976 enshrined novel
fundamental duties which have no judicial enforceability.

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11. Universal Adult Franchise

This is another outstanding feature of the Constitution. The entire adult population having a
voting age of 18, without any qualification either of sex, property, taxation can exercised their
voting rights. (Article 326)

The independent Election Commission of India is entrusted the job of holding free and fair
election in our country. In recently held general election of Lok Sabha 2014, more than 75
Crores electorate have exercised their franchise.

12. Parliamentary Form of Government

Our Constitution though federal in nature is modeled on the British Parliamentary System
where Council of Minister is collectively responsible to the popularly elected House i.e. Lok
Sabha or Legislative Assembly. They have to command majority in the Legislature otherwise it
has to resign. The President is Head of the State in Parliamentary System of responsible
Government but he is to act on the advice of the Council of Ministers.

13. Federal System with unitary bias

In various judgments the Supreme Court has described our Constitution as basically federal
with striking unitary features. Our federal system is based on American model. It is a
combination of federal and unitary system i.e. quasi-federal system.

14. Secular State

India has adopted a policy of secularism that means State does not protect, help, promote any
particular religion and State has no official religion.

15. Basic Structure Theory

The Supreme Court in his landmark judgment of Keshavananda Bharati Case has devised the
theory of basic feature of the Constitution. There are certain basic features like Judicial Review,
Parliamentary Form, Secularism, Federal Republic Nature, Free and Fair Election System etc are
immune from the amending powers of Parliament under Article 368 of the Constitution. Basic
Structure Theory puts implied limitation on the power of the Parliament and advocated
Doctrine of Limited Government preferred to English Doctrine of Parliamentary Sovereignty.

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Enactment and Enforcement of the Constitution

The Constituent Assembly which had been elected for making the constitution of undivided
India held its first meeting on 9th December, 1946 in the Constitution Hall (now known as the
Central Hall of Parliament House). The members were chosen by indirect election by the
members of the Provincial Legislative Assemblies. The total membership of the Assembly thus
was to be 389. However, due to the partition under the Mountbatten Plan of 3 June, 1947, a
separate Constituent Assembly was set up for Pakistan and representatives of some Provinces
ceased to be members of the Assembly. As a result, the membership of the Assembly was
reduced to 299.

The Constituent Assembly reassembled on 14th August, 1947 as the sovereign Constituent
Assembly for the Dominion of India. On 29 August, 1947, the Constituent Assembly set up a
Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft
Constitution for India.

Enactment of the Constitution:

• The salient principles of the proposed Constitution had been provided by various committees
of the Assembly such as Union Powers Committee, Union Constitution Committee.

Committees of the Constituent Assembly

• The Drafting Committee under the chairmanship of Dr. Ambedkar published ‘Draft
Constitution of India’ in February, 1948.

• On 4th November, 1948, Dr B R Ambedkar introduced the final draft of the Constitution or the
first reading in the Assembly.

• The second reading or clause by clause consideration) started on November 15, 1948 and
ended on October 17, 1949. While deliberating upon the draft Constitution, the Assembly
moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled.

• The third reading of the draft started on November 14, 1949. Dr B R Ambedkar moved a
motion ‘the Constitution as settled by the Assembly be passed’. The motion on Draft
Constitution was declared as passed on November 26, 1949 and the hon’ble members
appended their signatures to it on 24 January, 1950. In all, 284 members actually signed the
Constitution.

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• The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8
Schedules. The Preamble was enacted after the entire Constitution was already enacted.

• Dr B R Ambedkar, the then Law Minister, piloted the Draft Constitution in the Assembly. He
took a very prominent part in the deliberations of the Assembly. He was known for his logical,
forceful and persuasive arguments on the floor of the Assembly.

Enforcement of the Constitution:

• The Constitution of India came into force on 26 January, 1950. On that day, the Assembly
ceased to exist, transforming itself into the Provisional Parliament of India until a new
Parliament was constituted in 1952.

• The date of 26th January was chosen to commemorate the historical day as on this day in
1930 that Purna Swaraj day was celebrated and the tricolour flag of Indian independence was
unfurled following the resolution of the Lahore Session (December 1929) of the Indian National
Congress .

• Some provisions of the Constitution pertaining to citizenship, elections, provisional

parliament, temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8,
9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949
itself.

• The remaining provisions (the major part) of the Constitution came into force on January 26,
1950. This day is referred to in the Constitution as the ‘date of its commencement’ and
celebrated as the Republic Day.

• With the commencement of the Constitution, the Indian Independence Act of 1947 and the
Government of India Act of 1935, with all enactments amending or supplementing the latter
Act, were repealed. The Abolition of Privy Council Jurisdiction Act (1949) was however
continued.

Preamble to the Constitution of India :

The Preamble to the Constitution of India presents the principles of the Constitution and
indicates the source of its authority. It was adopted on 26 November 1949 by the Constituent
Assembly and came into effect on 26 January 1950, celebrated as the Republic day in India. The
preamble is based on the 'Objectives Resolution which was drafted and moved in the

18
Constituent Assembly by Jawaharlal Nehru on 13 December 1946 and adopted by Constituent
Assembly on 22 January 1947.[2] B. R. Ambedkar said about the preamble:

It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the principles
of life and which cannot be divorced from each other: Liberty cannot be divorced from equality;
equality cannot be divorced from liberty. Nor can liberty and equality be divorced from
fraternity. Without equality, liberty would produce the supremacy of the few over the many.
Equality without liberty would kill individual initiative. Without fraternity, liberty and equality
could not become a natural course of things.

The Supreme Court of India originally stated in the Berubari case presidential reference that the
preamble is not an integral part of the Indian constitution, and therefore it is not enforceable in
a court of law. However, the same court, in the 1973 Kesavananda case, over-ruled earlier
decisions and recognized that the preamble may be used to interpret ambiguous areas of the
constitution where differing interpretations present themselves. In the 1995 case of Union
Government Vs LIC of India, the Supreme Court once again held that the Preamble is an integral
part of the Constitution.

As originally enacted the preamble described the state as a "sovereign democratic republic", to
which the terms "Secular" and "Socialist" were later passed by a Captive Parliament during The
Emergency in the 42nd Amendment. The preamble-page, along with other pages of the original
Constitution of India, was designed and decorated by the renowned painter Beohar
Rammanohar Sinha of Jabalpur who was at Shantiniketan with Acharya Nandalal Bose at that
time.

The preamble was amended only once on 18 December 1976, with most of the opposition
being jailed during the Emergency in India, the Indira Gandhi government pushed through
several changes in the Forty-second Amendment of the constitution. Through this amendment,
the words "socialist" and "secular" were added between the words "Sovereign" and
"democratic" and the words "unity of the Nation" were changed to "unity and integrity of the
Nation".

Interpretation :

Sovereign

Sovereign means the independent authority of a State. It means, that it has the power to
legislate on any subject; and that it is not subject to the control of any other State / external
power. According to the preamble, the constitution of India has been pursuance of the solemn

19
resolution of the people of India to constitute India into a ‘Sovereign Democratic Republic’, and
to secure well-defined objects set forth in the preamble. Sovereignty denotes supreme and
ultimate power. It may be real or normal, legal or political, individual or pluralistic. The word
‘sovereign’ is taken from article 5 of the constitution of Ireland.

Sovereignty, in short, means the independent authority of a state. It has two aspects- external
and internal. External sovereignty or sovereignty in international law means the independence
of a state of the will of other states, in her conduct with other states in the committee of
nations. Sovereign in its relation between states and among states signifies independence.
Internal sovereignty refers to the relationship between the states and the individuals within its
territory. Internal sovereignty relates to internal and domestic affairs, and is divided into four
organs, namely, the executive, the legislature, the judiciary and the administrative. Though
India became a sovereign country on 26 January 1950, having equal status with the other
members of the international community, she decided to remain in the Commonwealth of
Nations.

Socialist

Before the term was added by the 42nd Amendment in 1976, the Constitution had socialist
content in the form of certain Directive Principles of State Policy. The term socialist used here
refers to democratic socialism, i.e. achievement of socialist goals through democratic,
evolutionary and non-violent means. wealth should be shared equally by society through
distributive justice, not concentrated in the hands of few, and that the government should
regulate the ownership of land and industry to reduce socio-economic inequalities.

Secular

Secular means that the relationship between the government and religious groups are
determined according to constitution and law. It separates the power of the state and religion.
By the 42nd Amendment in 1976, the term "Secular" was also incorporated in the Preamble.
There is no difference of religion i.e. Hinduism, Buddhism, Jainism, Sikhism, Christianity and
Islam are equally respected and moreover, there is no state religion. All the citizens of India are
allowed to profess, practice and propagate. Explaining the meaning of secularism as adopted by
India.

Democratic

The people of India elect their governments by a system of universal adult franchise, popularly
known as "one person one vote". Every citizen of India 18 years of age or older and not

20
otherwise debarred by law is entitled to vote. The word democratic refers not only to political
democracy but also to social and economic democracy.

Republic

In a republican form of government, the head of state is elected and not a hereditary monarch.
Thus, this word denotes a government where no one holds public power as a proprietary right.
As opposed to a monarchy, in which the head of state is appointed on a hereditary basis for life
or until abdication, a democratic republic is an entity in which the head of state is elected,
directly or indirectly, for a fixed tenure. Thus, India has a president who is indirectly elected and
has a fixed term of office. There's an absence of a privileged class and all public offices are open
to every citizen without discrimination.

Justice

Justice stands for rule of law, absence of arbitrariness and a system of equal rights, freedom
and opportunities for all in a society. India seeks social, economic and political justice to ensure
equality to its citizens.

(i) Social Justice: (ii) Economic Justice: (iii) Political Justice:

Liberty

The idea of Liberty refers to the freedom on the activities of Indian nationals. This establishes
that there are no unreasonable restrictions on Indian citizens in term of what they think, their
manner of expressions and the way they wish to follow up their thoughts in action. However,
liberty does not mean freedom to do anything, and it must be exercised within the
constitutional limits.

Equality

The term 'equality' means the absence of special privilege to any section of society, and the
provision of adequate opportunity of all the individuals without any discrimination.

Fraternity

This refers to a feeling of brotherhood and sisterhood and a sense of belonging with the
country among its people. The Preamble declares that fraternity has to assure two things—the
dignity of the individual and the unity and integrity of the nation. The word 'integrity' has been
added to the Preamble by the 42nd Constitutional Amendment (1976).

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Amendability

Consequently, the 9th Constitutional Amendment Act, 1960 was enacted to transfer the
Berubari Union to Bangladesh (erstwhile East Pakistan). Supreme Court also held the view that
Preamble cannot be a part of the constitution but later in Kesavananda Bharati Case (1973), the
Supreme Court gave a comprehensive verdict. It said that Preamble is part of the Constitution
and is subject to the amending power of the parliament as are any other provisions of the
Constitution, provided the basic structure of the Constitution is not destroyed. It has been
clarified by the Supreme Court of India that, being a part of the Constitution, the Preamble can
be subjected to Constitutional Amendments exercised under article 368, however, the basic
structure cannot be altered. Therefore, it is considered as the heart and soul of the
Constitution.

Forty-second Amendment

The preamble has been amended only once so far. On 18 December 1976, during the
Emergency in India, the Indira Gandhi government pushed through several changes in the
Forty-second Amendment of the constitution. A committee under the chairmanship of Sardar
Swaran Singh recommended that this amendment be enacted after being consulted to study
the question of amending the constitution in the light of past experience. Through this
amendment, the words "socialist" and "secular" were added between the words "Sovereign"
and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of
the Nation".

Fundamental Rights:

Articles 12-35 (Part III of Indian Constitution)

Fundamental rights are the basic human rights enshrined in the Constitution of India which are
guaranteed to all citizens. They are applied without discrimination on the basis of race, religion,
gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain
conditions. Articles 12-35 of Indian Constitution deal with Fundamental Rights. These rights are
called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them

2. They are justiciable (enforceable by courts). In case of a violation, a person can
approach a court of law.

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The 6 fundamental rights of India is-

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

There was one more fundamental right in the Constitution, i.e., the right to property. However,
this right was removed from the list of fundamental rights by the 44th Constitutional
Amendment. This was because this right proved to be a hindrance towards attaining the goal of
socialism and redistributing wealth (property) equitably among the people.

1. Right to Equality (Articles 14 – 18)

Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste,
race or place of birth. It ensures equal employment opportunities in the government and
insures against discrimination by the State in matters of employment on the basis of caste,
religion, etc. This right also includes the abolition of titles as well as untouchability.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian

Constitution guarantees freedom to citizens. The freedom right includes many rights such as:

 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practice any profession
 Freedom to reside in any part of the country.

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and other forms of forced
labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits the
employment of children under 14 years in hazardous conditions.

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4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions.
There is freedom of conscience, profession, practice and propagation of religion. The State has
no official religion. Every person has the right to freely practice his or her faith, establish and
maintain religious and charitable institutions.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them
to preserve their heritage and culture. Educational rights are for ensuring education for
everyone without any discrimination.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are violated, the
aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court
which can issue writs for enforcing fundamental rights.

Fundamental Duties:

Fundamental duties basically imply the moral obligations of all citizens of a country and today,
there are 11 fundamental duties in India, which are written in Part IV-A of the Constitution, to
promote patriotism and strengthen the unity of India. The fundamental duties were inspired by
constitution of USSR (now Russia). Originally, the fundamental duties of India was not a part of
the Indian Constitution, they were added through the 42nd Amendment in 1976, upon
recommendation of the Swaran Singh Committee, that was constituted by Indira Gandhi just
after the declaration of national emergency, to study and amend the constitution.

However, by the 86th Amendment in 2002, the original 10 duties were then increased to 11,
under Article 51A, Part IV-A of the Constitution of India. The 10 fundamental duties are as
follows:

1- To oblige with the Indian Constitution and respect the National Anthem and Flag
2- To cherish and follow the noble ideas that inspired the national struggle for freedom
3- To protect the integrity, sovereignty, and unity of India
4- To defend the country and perform national services if and when the country requires
5- To promote the spirit of harmony and brotherhood amongst all the people of India and
renounce any practices that are derogatory to women

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 6- To cherish and preserve the rich national heritage of our composite culture
7- To protect and improve the natural environment including lakes, wildlife, rivers, forests,
etc.
8- To develop scientific temper, humanism, and spirit of inquiry
9- To safeguard all public property
10- To strive towards excellence in all genres of individual and collective activities
11- To provide opportunities for education to children between 6-14 years of age, and duty
as parents to ensure that such opportunities are being awarded to their child.

According to Advocate Manuj Chadha., “Fundamental rights can be defined as privileges

granted to each individual of the country to enjoy and the Fundamental Duties are the moral
responsibilities which one needs to carry out in order to respect the rights of another individual
and perform social obligations.”

Difference between Fundamental Rights and Fundamental Duties:

Fundamental Rights and Fundamental Duties are inter-related and one can’t exist without the
other.

Fundamental Rights Fundamental Duties

Fundamental Rights are the freedoms guaranteed Fundamental Duties are the legal
by the constitution which can’t be taken away responsibilities bestowed upon the citizens to
from a citizen. perform.
Fundamental Rights are considered to be the Fundamental Duties are the moral
normative rules of liberty and freedom for every responsibilities of all the citizens that need to
citizen in order to achieve a harmonious and a be performed by them in order to achieve
free lifestyle prosperity and uphold the unity of the nation.
Fundamental Rights are universally available to
all citizens regardless of their race, caste, religion, Fundamental Duties are non-justiciable and
sex or place of birth and are justiciable in nature, hence can’t be taken to the court of law.
i.e. they can be taken to the court of law.

Directive Principles of Our State Policy: Part IV (Articles 36-51):

Part IV of the Indian Constitution deals with Directive Principles of our State Policy (DPSP). The
concept of Directive Principles of State Policy was borrowed from the Irish Constitution. While
most of the Fundamental Rights are negative obligations on the state, DPSPs are positive
obligations on the state, though not enforceable in a court of law.

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Article 36: Definition

In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part
III.

Article 37: Application of the principles contained in this Part

The provisions contained in this Part shall not be enforced by any court, but the principles
therein laid down are nevertheless fundamental in the governance of the country and it shall
be the duty of the State to apply these principles in making laws.

Article 38: State to secure a social order for the promotion of the welfare of the people

(1) The State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and political, shall inform
all the institutions of the national life.
(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavour to
eliminate inequalities in status, facilities and opportunities, not only amongst individuals but
also amongst groups of people residing in different areas or engaged in different vocations.

Article 39: Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing–

(a) that the citizen, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so
distributed as best to sub serve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth
and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.

Article 39A: Equal justice and free legal aid

The State shall secure that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or

26
schemes or in any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.

Article 40: Organisation of village panchayats

The State shall take steps to organise village panchayats and endow them with such powers and
authority as may be necessary to enable them to function as units of self-government.

Article 41: Right to work, to education and to public assistance in certain cases

The State shall, within the limits of its economic capacity and development, make effective
provision for securing the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Article 42: Provision for just and humane conditions of work and maternity relief

The State shall make provision for securing just and humane conditions of work and for
maternity relief.

Article 43: Living wage, etc., for workers

The State shall endeavor to secure, by suitable legislation or economic organisation or in any
other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of
work ensuring a decent standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote cottage industries on an
individual or co-operative basis in rural areas.

Article 43A: Participation of workers in management of industries

The State shall take steps, by suitable legislation or in any other way, to secure the participation
of workers in the management of undertakings, establishments or other organisation engaged
in any industry.

Article 44: Uniform civil code for the citizen

The State shall Endeavour to secure for the citizens a uniform civil code throughout the
territory of India.

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Article 45: Provision for free and compulsory education for children

The State shall Endeavour to provide, within a period of ten years from the commencement of
this Constitution, for free and compulsory education for all children until they complete the age
of fourteen years.

Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections

The State shall promote with special care the educational and economic interests of the weaker
sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and
shall protect them from social injustice and all forms of exploitation.

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to
improve public health

The State shall regard the raising of the level of nutrition and the standard of living of its people
and the improvement of public health as among its primary duties and, in particular, the State
shall Endeavour to bring about prohibition of the consumption except for medicinal purpose of
intoxicating drinks and of drugs which are injurious to health.

Article 48: Organization of agriculture and animal husbandry

The State shall Endeavour to organize agriculture and animal husbandry on modern and
scientific lines and shall, in particular, take steps for preserving and improving the breeds, and
prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48A: Protection and improvement of environment and safeguarding of forests and
wildlife

The State shall Endeavour to protect and improve the environment and to safeguard the forests
and wildlife of the country.

Article 49: Protection of monuments and places and objects of national importance

It shall be the obligation of the State to protect every monument or place or object of artistic or
historic interest, declared by or under law made by Parliament to be of national importance,
from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

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Article 50: Separation of judiciary from the executive

The State shall take steps to separate the judiciary from the executive in the public services of
the State.

Article 51: Promotion of international peace and security

The State shall Endeavour to–

(a) promote international peace and security;
(b) maintain just and honorable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organized
people with one another; and
(d) encourage settlement of international disputes by arbitration.

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