UNIT: 5 INDIAN CONSTITUTION

Structure
5.0 Introduction
5.1 Learning Outcomes
5.2 Constituent Assembly
5.3 Salient Features of the Constitution
5.3.1 Preamble
5.3.2 Federal System
5.3.3 Fundamental Rights
5.3.4 Directive Principles of State Policy
5.3.5 Fundamental Duties
5.4 Union and State Legislatures
5.4.1 Union and State Executives
5.4.2 Judiciary
5.4.3 Centre-State Relations
5.5 Public Services
5.5.1 Special Provisions Relating to Certain Classes
5.5.2 Emergency Provisions
5.6 Amendment of the Constitution
5.7 Let Us Sum Up
5.8 Further Readings
5.9 Check Your Progress: Possible Answers

5.0 INTRODUCTION
This is the first unit of the block Media Laws and it will acquaint you with the
salient features of the Constitution of India. It is important for you as media
persons to understand the basic tenets of the Constitutions to discharge your duties
and functions effectively. The remaining units in the block will expose you to
various media laws and the constitutional and regulatory frameworks. We shall
also touch upon some initiatives in media laws such as Intellectual Property Rights,
Right to Information which will be discussed in greater detail in Block 3 of this
course.

In legal sense, constitution of a country is a system of fundamental laws or

principles for the governance of a nation. As a rule, a constitution does not deal
in detail but enunciates the general principles and directions. In the words of
famous political scientist, Herman Finer, the constitution of a state fixes the seats
of power and the extent to which power is to be exercised, besides identifying the
source from which power emanates. Apart from being a legal document considered
as a fundamental or basic law, every constitution has a certain underlying
philosophy. Here, the term philosophy stands for a particular system or set of
beliefs, values, broad objectives and goals. We shall look at these concepts in
detail in this unit.
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 5.1 LEARNING OUTCOMES
After going through this unit you should be able to:
• describe the Constituent Assembly and the philosophy of Constitution of
India;
• discuss the salient features of our Constitution; and
• explain the procedure for amending the Constitutional provisions.

5.2 CONSTITUENT ASSEMBLY

The Constitution of India was framed by the Constituent Assembly. The British
Government for the first time explicitly accepted the demand for the Constituent
Assembly in its offer of August 1940, and reiterated its proposals in the Cripps
Mission of 1942. A definite advance in the direction was made with the arrival
of the Cabinet Mission in India on 24 March 1946 and acceptance of the Cabinet
Mission Plan by the British Parliament. The Mission proposed a 389-member
Constituent Assembly with approximately one member for every million of the
population.

The Constituent Assembly was set up on the basis of indirect elections that took
place in July 1946. Its members included many eminent national leaders such as
Dr. Rajendra Prasad, Jawaharlal Nehru, H.N. Kunzru, Maulana Azad, Sardar
Patel, K.M. Munshi, P.D. Tandon, Acharya J.B. Kriplani, Dr. B.R. Ambedkar,
Dr. S. Radhakrishnan, Krishnaswami Ayyar, K.T. Shah, Govind Ballabh Pant,
etc. Most of the members of the Assembly belonged to the Indian national
movement and the Indian National Congress. The framers of the Constitutions
considered the best features of the constitutions of other countries and adopted
those features which best suited Indian conditions and needs. However, many of
the original features of the 1949 Constitutions have since been modified by
successive Amendments.

5.3 SALIENT FEATURES OF THE CONSTITUTION

The Constitutions has the distinction of being one of the most lengthy and detailed
document. For a proper understanding of the Indian state and polity, you should
go through the salient features of the Constitution briefly described in this section.

5.3.1 Preamble
The Constitution of India begins with a preamble which embodies its basic
objectives or main purposes. According to K. Subba Rao, former Chief Justice of
India, the preamble contains in a nutshell the Constitution’s ideals and aspirations.
The preamble of the Constitution reads as follows:

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;
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FRATERNITY, assuring the dignity of the individual and the unity and integrity
of the nation;
IN OUR CONSTITUTE ASSEMBLY, this twenty-sixth day of November, 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
The words in italics given above were not in the original preamble. These words
were inserted in the 42nd Constitution Amendment Act, 1976.

The preamble gives information about (1) the source of the Constitution; (2) a
statement of the objectives of the Constitution; and (3) the date of its adoption.

The preamble embodies the spirit of the Constitution, the determination of the
Indian people to unite them selves in a common adventure of building up a new
socialist, secular nation which will ensure the triumph of justice, liberty, equality
and fraternity.

According to Durga Das Basu, sovereignty means that it has power to legislate
on any subject; and that power is not subject to the control of any other State or
external power.

The Supreme Court of India in the case of Santosh vs. Secretary, Ministry of
HRD, AIR 1995 SC 293 (para 18) has stated that in promoting unity of India, the
common culture and heritage of India, of which the foundation is Sanskrit language
must play a leading part. Similarly, secularism means that the State protects all
religions equally and does not itself uphold any religion as State religion.

5.3.2 Federal System

Federalism is a system of division of political power between the central and
state governments. Each government is independent within its own sphere. There
are various forms of federalism, – federalisms of India, Canada, Australia and
America are not the same. Federalism in each country has its own characteristics
depending upon its historical evolution.

The general trend until 1947 in India was to work out a federal system with a
measure of autonomy for the provinces. The Constituent Assembly modified this
trend in the draft Constitution, because of the major challenges, occurred then, in
the form of large scale outbreak of communal violence, regional pulls and
collapsing economy. The partition of the country finally made the constitution
makers go for federal setup with dominant unitary features.

Constitution speaks of single citizenship, single integrated judiciary, All-India

Civil Service, etc. The Constitution gives general supremacy to the Union
Parliament and Executive in all matters vis-a-vis the States especially in the making
of laws on items included in the State List, the appointment and dismissal of
Governors, in the dismissal of a State Ministry, etc. Further, it gives the residual
powers to the Union and assigns a larger share of the revenue and a greater fiscal
authority to the Centre.

There is inequality of status of the federating States (vide: Article 2, 370-373:

and Parts VI-X). But more than this, it has given a legitimate handle in the form
of Emergency powers (vide: Articles 352-360) to enable the Centre to transform
a federal system into virtually a unitary system under conditions: a) foreign
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 aggression; b) threat of aggression of armed rebellion; c) breakdown of law and
order; d) financial collapse. There is no right of succession for the States, on the
principle that “union is indestructible”.

The Union has also the authority to create new States, and adjust boundaries
between the States, and generally restructure the Indian Union (vide: Articles 2-
3). The President’s rule in the States, and the most dramatic spell of internal
emergency in the country between June 1975 and March 1977, underline the
effective capacity of the Centre for dominating the federal polity. Both
constitutionally and politically, in India’s federal system, structural-functional
balance is in favour of the Centre.

Since the late 1960s, when for the first time non-Congress parties formed
governments in several States, the demand for more autonomy and freedom for
States has been gaining momentum. Among the measures suggested was the
changing the federal polity by (i) territorial reorganisation of States, (ii) amendment
to the Constitution for increasing the autonomy of the States, and (iii)
implementation of Panchayati Raj and Nagar Palika system.

5.3.3 Fundamental Rights

The Fundamental Rights and the Directive Principles of State Policy are the
conscience of the Constitution. The founding fathers in their efforts to incorporate
Fundamental Rights in the Constitution were greatly impressed by:
1) The Bill of Rights of the American Constitution
2) The French Declaration of the Rights of Man
3) The Irish Constitution of 1935
4) Universal Human Rights Charter of the UNO
Part III of the Constitution, that is Articles 12 to 35 (of which Article 31 has been
deleted), deal with Fundamental Rights. The fundament Rights enumerated in
Part III of the Constitution may be put in different categories:
• Right to Freedom
• Right against Exploitation
• Right to Freedom of Religion
• Cultural and Educational Rights
• Right to Constitutional Remedies
The right to freedom includes the right to free speech and expression, which will
be discussed in the next Unit of this course. The Constitution 86th Amendment
Act, 2002 has made Right to Education a Fundamental Right for children in the
range of 6-14 years.

The Fundamental Rights place limitations not only on the Union Government
but also on the States and on every authority that has got the power to make laws
or has discretion vested in it. However, the rights are not absolute. The Constitution
itself enumerates the grounds on the basis of which reasonable restrictions may
be imposed. Under Article 32, the Supreme Court of India is empowered to issue
appropriate writs or orders for the enforcement of Fundamental Rights.
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5.3.4 Directive Principles of State Policy
Our Constitution incorporates Directive Principles of State Policy. The importance
of the Directives is that they contain the positive obligations of the State towards
its citizens. If the Fundamental Rights guarantee a political democracy in India,
the Directive Principle ensures the eventual emergence of an economic and social
democracy to sustain the former. The purpose of the Fundamental Rights is to
create an equalitarian society, to free all citizens from coercion or restriction by
society and to make liberty available for all. The purpose of the Directive Principles
is to fix certain social and economic goals for immediate attainment by bringing
about a non-violent social revolution to fulfil the basic needs of the common
man and to change the structure of our society. Without faithfully implementing
the Directive Principles, it is not possible to achieve the welfare of the state
contemplated by the Constitution.

The Articles dealing with Directive Principles cover a wide range of State activity
embracing economic, social, legal, educational, administrative, cultural and
international measures. Some of the important Directives are as follows:
1) The State shall stand for the welfare of the people;
2) The State shall direct its policy towards securing;
a) adequate means of livelihood to all citizens;
b) a proper distribution of the material resources of the community for
the common good;
c) the prevention of concentration of wealth to the common detriment;
d) equal pay for equal work for both men and women;
e) the protection of the strength and health of workers and avoiding
circumstances which force citizens to enter vocations unsuited to their
age or strength;
3) The State shall provide free legal aid to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other
disabilities.
4) The State shall organise village panchayats as units of self-government.
5) The State shall secure the right to work, education and public assistance in
case of old age, sickness, etc.
6) The State shall ensure just and humane conditions of work and maternity
relief.
7) The State shall secure work, a living wage, a decent standard of life, leisure
and social and cultural opportunities for people, and in particular promote
cottage industries.
8) The State shall secure the participation of workers in the management of
undertakings engaged in any industry.
9) The State shall bring about the separation of the Judiciary from the
Executive.
10) The State shall endeavour to secure:
a) the promotion of international peace and security;
b) the maintenance of just and honourable relations between nations; 9
 c) respect for international law and treaty obligations in the dealings of
organised people with one another, and
d) the settlement of international disputes by arbitration.
The Constitution 86th Amendment Act, 2002 has made provision that the State
shall endeavour to provide early childhood care and education for all children
until they complete the age of six years.

Though it is the duty of the State to apply the Directive Principles in making
laws, the courts have no power to enforce them. This is in contrast with the
Fundamental rights which are justiciable and therefore enforceable by the courts
of law. In spite of their non-justiciable character, Directive Principles are given
due recognition in the making of laws and in their observance. In fact, the
Constitution has been amended so many times to give effect to the spirit and
content of the Directive Principles.

5.3.5 Fundamental Duties

The Constitution prescribes the following Fundamental Duties for the citizens:
a) To abide by the Constitution and respect its ideals and institutions, the
National Flag and 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 practice derogatory to the dignity of women;
f) To value and preserve the rich heritage of our composite culture;
g) To protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures;
h) To develop the scientific temper, humanism and the spirit of inquiry and
reform;
i) To safeguard public property and to abjure violence;
j) To strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to high levels of endeavour and
achievement.
k) To provide opportunities for education to her/ his child or ward between
the age of six and fourteen years. (This is the duty of parent or guardian.)
Part IVA (Article 51A) deals with Fundamental Duties. The Fundamental Duties
of citizens stated above from (a) to (j) were added to the Constitution by the 42nd
Amendment in 1976. Further, the Constitution 86th Amendment Act, 2002 added
one more Fundamental Duty, i.e., duty of the parent or guardian, to provide
opportunities for education to his child or ward between the age of six and fourteen
years.

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It is suggested that a few more Fundamental Duties should be added in Article
51A. For example: duty to vote in an election, duty to pay taxes, etc.

The concept of fundamental duties came from the constitution of former USSR,
a Communist country. The constitutions of the USA and several Western nations
do not list any fundamental duties as such.
Check Your Progress: 1
Note: 1) Use the space below for you answers.
2) Compare your answers with those given at the end of this unit.
1) Is our Constitution federal or unitary?
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2) List different categories of Fundamental Rights stated in our Constitution.
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3) How is the Constitution 86th Amendment Act, 2002 related with
Fundamental Rights, Directive Principals of State Policy and Fundamental
Duties?
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5.4 UNION AND STATE LEGISLATURES

In the Constitution of India there is a distribution of legislative, executive and
financial powers between the Union and the States. The Constitution provides
for a three-fold distribution of Legislative powers between the Union and the
States. List I or the Union List contains subjects over which Parliament has
exclusive power to make laws. List II or the State List contains entries over which
State Legislatures have got exclusive power of legislation. List III or the Concurrent
List contains items on which both the Parliament and the State Legislatures can
make laws.

In their respective spheres, the Parliament as well as the State Legislatures enjoy
complete autonomy. The scheme of distribution of powers emphasises the general
predominance of parliament in the legislative field. Even in the spheres exclusively
reserved for the States, the parliament is authorised to legislate for implementing
any treaty, agreement or convention with any country or any decision made at an 11
 international conference, association or other body on any subject. The parliament
may enter the State List by invitation also. If two or more State Legislatures
consider it desirable that any matter within their exclusive legislative competence,
should be regulated by parliamentary legislation and pass resolution to that effect,
the parliament can make the necessary legislation.

The parliament of India consists of the President and the two Houses – the Rajya
Sabha (Council of States) and the Lok Sabha (House of the People). The two
houses of parliament enjoy co-equal powers and status in all spheres except in
some financial matters. The Rajya Sabha has the following limitations:
i) A Money Bill cannot be introduced in the Rajya Sabha.
ii) The Rajya Sabha has no power either to reject or amend a money bill. It can
only make recommendations on the money bill. If such a bill is not returned
to the Lok Sabha within a period of fourteen days, the bill shall be deemed
to have been passed.
iii) Whether a particular bill is a money bill or not is to be decided by the
Speaker of the Lok Sabha.
iv) The Rajya Sabha may discuss the annual financial statement. It has no power
to vote on the demands for grants.

Moreover, the Rajya Sabha has no power to pass a vote of no-confidence in the
Council of Ministers. It should not, however, be taken to mean that the Rajya
Sabha is less important or has been given a secondary position in relation to the
Lok Sabha. The powers of the Rajya Sabha are at par with those of the Lok Sabha
in case of non-money Bills. Every non-financial measure must be passed by both
the houses individually before it goes to the President of India for assent. It has
equal powers with the Lok Sabha in important matters.

The parliament at present, is more than a law making body and important problems
facing the country are also discussed there. The structure of the legislature at the
State level is almost similar to that of the Union legislature. A major difference is
that only a few states have two houses while most of the States have a single
house legislature. At the State Level the Governor and the single/ two Houses
constitute the legislature.

5.4.1 Union and State Executives

The Constitution of India has adopted the British model of cabinet system of
responsible government in preference to other models of presidential system.
The Constitution provides for a President who normally acts on the aid and advice
of the council of ministers, headed by the Prime Minister. However, there is an
opinion that in dissolving the parliament, the President may not act on the advice
of the Prime Minister if he has lost majority support in the lower house. The
President is indirectly elected for a term of five years, and can be removed on the
basis of impeachment proceedings brought against him in parliament. A provision
has also been made for the post of a Vice-President indirectly elected, who would
serve as head of the State in the absence of president. The constitution lays down
the qualification, method of elections, and powers and functions of the Vice
President. The Vice President of India is also the ex-officio Chairman of the
Rajya Sabha.
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Generally, the President invites that person for the post of Prime Minister who
enjoys the support of the majority of the members of the Lok Sabha. The prime
minister occupies a key position in the government and symbolises the ruling
power structure in the country. The Executive in the States is organised on the
same pattern as that of the Union Government.

In the States, the Governor enjoys the same position as the President for the
whole of India. The chief executive of the State Government is called the chief
minister. There is a council of ministers for each State. The executive power of
the State is vested in the Governor. He is appointed by the President and holds
office during the pleasure of the President.

5.4.2 Judiciary
Unlike many countries with federal constitutions, India has a single judicial system.
The Supreme Court stands at the apex of India’s judicial hierarchy with effective
power to supervise and control the working of the entire system. Below the
Supreme Courts are the High Courts, located in different States. Besides High
Courts, we have district courts and subordinate courts. The Supreme Court’s
jurisdiction is of four kinds:
1) Original jurisdiction
2) Writ jurisdiction
3) Appellate jurisdiction
4) Advisory jurisdiction
5) Miscellaneous jurisdiction
The Supreme Court has exclusive jurisdiction in a dispute between the Union
and a Sate, or between one State and another, or between a group of states and
other. It is also the guardian of the Fundamental Rights of the citizen.

5.4.3 Centre-State Relations

The Constitution prescribes separate areas of operation for the Union and the
States. As mentioned earlier, the Constitution enumerates three lists: the Union
List; the State List and the Concurrent List. Besides, the residuary powers that
are not mentioned in any of the lists belong to the central government. The
distribution of powers, functions and areas of influence between the Centre and
the States leads to a question of relationship between them in different areas of
their association and interaction. The relationship between the Centre and the
States can be classified into:
• Legislative Relations
• Administrative Relations
• Financial Relations
• Relations in Planning and Development
• Relations in Trade and Commerce
In all the above mentioned relations, different forms of conflict do arise and
several Committees and commissions study the relations between the Union and
the States and suggest various measures to maintain harmonious relations between
the two levels of the government. Administrations Reforms Commission,
Rajamannar Committee, Sarkaria Commission are some examples.
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 Check Your Progress: 2
Note: 1) Tick the appropriate response.
2) Compare your answers with those given at the end of the Unit.
1) Who is the head of the Union Executive?
President of India Vice President of India
Speaker of Lok Sabha
2) Who decides whether a particular Bill is a Money Bill or not
President of India Chairman of the Rajya Sabha
Speaker of the Lok Sabha
3) The states in India can make
Their own laws on entries in list-II No laws
Their own laws on entries in list-I
4) The Rajya Sabha has Limited power on
Education bill Social bill Money bill

5.5 PUBLIC SERVICES

The standard and efficiency of administration in any country depends ultimately
on the calibre, training, and integrity of the members of the public services. Part
XIV of the Constitution deals with public services under the Union and the States.
Article 309 empowers the Parliament and the State Legislature to regulate the
recruitment and the conditions of service of the public service or the civil services
of the Union and the States respectively. Article 310 ensures that all members of
the defence service or the civil services of the Union or of all India services hold
office during the pleasure of the President. Similarly, members of the state services
hold office during the pleasure of the Governor. Article 312 provides for the
creation of all India services, which are different from the other Central and State
services. The all India services (examples are IAS & IPS), by their very nature,
are instruments of national integration and unity. Under Article 315, the Union
and each of the States are required to have a Public Service Commission. Article
320 prescribes the functions of Public Service Commissions.

5.5.1 Special Provisions Relating to Certain Classes

The Constitution of India makes special provisions for the development of socially
disadvantaged groups of society. Part-XVI of the Constitution deals with these
provisions. Articles 330 to 342 of this chapter make provisions for (1) reservation
of seats for Scheduled Caste and Scheduled Tribe population and representation
for the Anglo-Indians in the Lok Sabha and the State Assemblies, (2) claims of
SC, ST to services and posts, (3) setting up commissions to investigate the
conditions of backward classes, and (4) control of the Union over the
administration of Scheduled Areas for the welfare of the Scheduled Tribes.

5.5.2 Emergency Provisions

No part of the Constitution has been the subject of acrimonious attack by its
critics than that of the emergency provisions. The Constituent Assembly witnessed
one of the most agitated scenes during the discussion of these provisions. Many
prominent members of the Assembly opposed their inclusion in the Constitution
as they thought that they were inconsistent with the democratic systems elsewhere.
The majority of the members, however, favoured the inclusion of these provisions
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as a precautionary measure against possible disruptive forces destroying the newly
established Union.
Articles 352 to 360 of the Constitution deal with the emergency powers of the
President. The objective is to safeguard the sovereignty, independence and integrity
of India. For this purpose, the President is empowered to declare three types of
emergencies: (i) emergency arising out of war, external aggression or armed
rebellion, (ii) emergency arising due to the breakdown of the constitution
machinery (President’s rule in the States) and (iii) financial emergency when
financial stability or credit of India or any part thereof is threatened.
National emergency under Article 352 was proclaimed for the first time in 1962
when the Chinese aggression took place. There was a proclamation for the second
time in 1971 during the Bangladesh War. On 26th June, 1975, for the third time,
under Article 352, the President on the advice of the then Prime Minister Mrs.
Indira Gandhi proclaimed emergency in the name of grave danger to internal
security.
President’s rule was imposed for the first time in 1951. Since then, it has been
proclaimed in States several times. Financial emergency has never been declared
so far.

5.6 AMENDMENT OF THE CONSTITUTION

A constitution should not be rigid. It should adapt to the changing aspirations and
requirements of its people. Our Constitution can be amended by a procedure
provided in Article 368. There are two methods of amending the Constitution.
1) An amendment of the Constitution can be initiated by introducing a bill in
Lok Sabha or Rajya Sabha for the purpose. When the bill is passed by each
house by majority and by not less than two-third of members present and
voting, it is sent to the President for his assent. After his assent the
Constitution stands amended.
2) In case the proposed amendment seeks any change in the following:
a) The manner of the election of the President; or
b) Extent of executive power of the Union and States; or
c) The Supreme Court or High Courts; or
d) Distribution of legislative powers between Union and States; or
e) Any of the List in the Seventh Schedule; or
f) Representation of the States in Parliament; or
g) Provisions of Article 368 itself,
The amendment bill is also required to be ratified by not less than one-half of the
legislatures of the States, before it is sent to the President for assent. After his
assent the Constitution stands amended.
There is no provision in the Constitution which cannot be amended. However,
basic features of the Constitution cannot be amended. The basic feature doctrine
has been given by the majority judgment of the Supreme Court in 1973 in the
case of Keshavananda Bharati vs. State of Kerala. After reading through the
judgment we can say that the following are part of the basic features of the
constitution:
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 • Supremacy of the Constitution
• Sovereignty and unity of India
• Democratic character of the polity
• Republican form government
• Secular character of the Constitution
• Separation of powers
• Federal character
• Individual freedom
• Equality of status and opportunity
• Rule of law
Since the commencement of the Constitution in 1950, more than 100
Constitutional Amendments Acts have been enacted.

Constitution at Work: The National Commission to Review the working of the

Constitution (popularly called Venkatachaliah Commission) comprising of
eminent judges, jurists and distinguished public men was set up in the year 2000.
It took about two years to conduct a comprehensive study and made a large number
of important recommendations through its report submitted to the Government
of India in the year 2002. The report describes significant achievements as well
as glaring failures of the Constitution of India at work.
Check Your Progress: 3
Note: 1) Use the space below for you answers.
2) Compare your answers with those given at the end of this unit.
1) How many types of emergencies can be proclaimed by the President of
India?
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2) List the matters where ratification by not less than one half of the State
legislatures is required for the purpose of amending the Constitution of
India.
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3) What are the basic features of the Constitution?

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5.7 LET US SUM UP
In this unit, we have briefly described the outstanding features of the Indian
Constitution. In the beginning, the philosophy of the Constitution enshrined in
the Preamble has been explained. Thereafter importance and utility of the Preamble
was discussed followed by description of India’s federal system. Provisions for
federal system primarily deal with centre-states relations. After that the most
vital part of the Constitution and its conscience - Fundamental Rights have been
briefly outlined and Directive Principles have been enunciated. We have also
explained the importance of the Constitution 86th Amendment Act, 2002 which
has made has made right to education a Fundamental Right for children in the
range of 6 to14 years. Accordingly, the same Amendment Act has made necessary
provisions in the Directive Principles of State Policy and Fundamental Duties.

The three organs of the State, i.e. position of legislature, executive and judiciary
in our Constitution have also been discussed. Special provisions relating to certain
classes have been described in this unit. The main features relating to emergency
powers of the President of India and different processes for making any amendment
in the Constitution have also been explained in this unit. Knowledge of the main
provisions of the Constitution of India is necessary for every mass communication
student, because it is the supreme law of the land.

5.8 FURTHER READINGS

Brij Kishore Sharma, Introduction to the Constitution of India, Prentice Hall of
India Pvt. Ltd., New Delhi, 2007.

Subhash C. Kashyap, Our Constitution, National Book Trust, New Delhi, 2004.

Sunder Raman, Amending Power Under the Constitution of India – A Politico-

Legal Study, Eastern Law House, Kolkata, 1990.

Durga Das Basu, Introduction to the Constitution of India, Lexis Nexis

Butterworths Wadhwa, Gurgaon (Haryana), 2008

P.M. Bakshi, The Constitution of India, Universal Law Publishers, New Delhi,
2013

5.9 CHECK YOUR PROGRESS: POSSIBLE

ANSWERS
Check Your Progress: 1
1) The Constitution of India is federal, but has a strong unitary bias.
2) The Fundament Rights enumerated in Part III of the Constitution can be
categorised as follows:
a) Right to Freedom
b) Right against Exploitation
c) Right to Freedom of Religion
d) Cultural and Educational Rights
e) Right to Constitutional Remedies 17
 3) The Constitution 86th Amendment Act, 2002 has made Right to Education
a Fundamental Right for children in the range of 6-14 years. It has made a
provision in the Directive Principles of State Policy that the State shall
endeavour to provide early childhood care and education for all children
until they complete the age of six years. It has also added a Fundamental
Duty, i.e., duty of the parent or guardian, to provide opportunities for
education to their child or ward between the age of six and fourteen years.
Check Your Progress: 2
1) President of India
2) Speaker of the Lok Sabha
3) Their own laws on entries in list-II
4) Money bill
Check Your Progress: 3
1) The Constitution of India provides for three kinds of emergencies: (i)
emergency arising out of war, external aggression or armed rebellion, (ii)
emergency arising due to the breakdown of the constitution machinery
(President’s rule in the States) and (iii) financial emergency when financial
stability or credit of India or any part thereof is threatened.

2) In the following matters ratification by not less than one half of the State
legislatures is required for amending the Constitution of India:
a) The manner of the election of the President; or
b) Extent of executive power of the Union and States; or
c) The Supreme Court or High Courts; or
d) Distribution of legislative powers between Union and States; or
e) Any of the List in the Seventh Schedule; or
f) Representation of the States in Parliament; or
g) Provisions of Article 368 itself.
3) The basic features of the Constitution of India include:
• Supremacy of the Constitution
• Sovereignty and unity of India
• Democratic character of the polity
• Republican form government
• Secular character of the Constitution
• Separation of powers
• Federal character
• Individual freedom
• Equality of status and opportunity
• Rule of law

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