Constitution of India

S4 KTU
COMMON TO ALL BRANCHES

Hingston Xavier
Assistant Professor
Christ College of Engineering, IJK

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Syllabus
• Module – 1 > Constitution of India
• Module – 2 > DPSP, Fund. Rights & Duties
• Module – 3 > Union Govt
• Module – 4 > State Govt
• Module – 5 > Federal System

Other Facts
• It is mandatory non – credit paper ( MNC)
• 150 Marks paper – 100 ESE exam and 50 Marks Internal
assessment
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 Module – 1
Constitution of India
Definition of Constitution
A constitution is the basic design of the structure and
powers of the government and the rights and duties if
its citizens.
• There can be no nation without a constitution.
• Constitution need not to be written in nature
• Based on amendment nature, constitution has divided
into 2 > Rigid and Hingston
Flexible constitution.
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 Historical Background of
Indian Constitution
• As early as in Dec 1918, in the 33 rd session of the Indian National
Congress held in Delhi, a resolution was unanimously adopted
demanding for free will and right for India.
• In 1928, Jawaharlal Nehru presented a draft for the constitution of
India.
• It was in 1934 that the idea of a Constituent Assembly for India was put
forward for the first time by M.N. Roy, a pioneer of communist
movement in India.
• In 1942, Sir Stafford Cripps, a Member of the Cabinet, came to India
with a draft proposal of the British Government on the framing of an
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• The Cripps Proposals were rejected by the Muslim League,
which wanted India to be divided into two autonomous
states with two separate Constituent Assemblies.
• 9th Dec 1946, The constituent assembly meeting held to
frame constitution under the temporary chairmanship of
Dr. Sachidananad Sinha.
• Later, Dr. Rajendra Prasad elected as the permanent
chairman of constituent assembly.
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• After 15th AUG 1947, the constituent assembly became
independent to take decisions as India got independence from
British rule.
• Dr. B.R. Ambedkar was appointed as the chairman of the
Drafting committee which submitted their draft report to
constituent assembly on 1948.
• On 26th Nov, 1949 , the constitution of India was adopted and
was signed by Dr.Rajendra Prasad – Chairman of constituent
assembly.
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• In 1950, final session of constituent assembly unanimously elected Dr.
Rajendra Prasad as the first president of Independent India after which
constitution of India became operational.
 1. The constituent assembly ratified the India’s membership of the
Commonwealth in May 1949.
 2. It adopted the national flag on July 22, 1947.
 3. It adopted the national anthem on January 24, 1950. 4. It adopted
the national song on January 24, 1950.
 5. It elected Dr. Rajendra Prasad as the first President of India on
January 24, 1950.
• In brief, it took constituent assembly 2 years, 11 months and 17 days to
finalize the constitution of India.
• Originally (1949), the Constitution contained a Preamble, 395 Articles
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(divided into 22 Parts) and
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 Salient Features of Indian Constitution
1. Lengthiest Written Constitution
 Lengthiest of all the written Constitutions of the world
 Presently (2019), it consists of a Preamble, about 470 Articles
(divided into 25 Parts) and 12 Schedules
 Written, like the American Constitution, or unwritten, like the
British Constitution.
2. Sovereign, Democratic, Secular, Socialist & Republic
3. Parliamentary form of government
 The parliamentary system is based on the principle of co-operation
and co-ordination between the legislative and executive organs
(British Parliamentary System of Government)

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 4. Combination of Flexibility and Rigidity
 (Art 368) deals with amendment provision
5. Single Citizenship
 In India, all citizens irrespective of the state in which they
are born or reside enjoy the same political and civil rights
of citizenship
6. Bi – Cameral Union government
 Upper House and Lower House
7. Independent Federal Judiciary
 Integrated as well as independent judicial system
 The Supreme Court stands at the top of the integrated
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 8. Fundamental Rights and Duties
 Part III of the Indian Constitution guarantees six fundamental
rights to all the citizens
 The Part IV-A of the Constitution specifies the eleven
Fundamental Duties
9. Directive Principles of State Policy (DPSP)
 The Directive Principles are meant for promoting the idea of
social and economic democracy (Welfare state)
10. Single Election Commission
11. State Languages
12. Emergency Provisions
 Emergency provisions to enable the President to meet any
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 Preamble of the Constitution
• The constitution of India begins with a preamble which specifies
the nature of the Indian state.
• Preamble is an introduction or preface to the constitution
• Acc to N.A. Palkhivala – “Preamble is an identity card of the
constitution”
• Every constitution begins with a preamble
• It is the soul and key of every constitution
• Preamble defines the basic structure of constitution
• Preamble was adopted by constituent assembly on 26 th Nov
1949. (Later amendments made)
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 Preamble of the Constitution

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• Sovereign: The word ‘sovereign’ implies that
India is neither a dependency nor a dominion of
any other nation, but an independent state
• Socialist: The Indian brand of socialism is a
‘democratic socialism’ and not a ‘communistic
socialism’ ( Mixed Economy)
• Democratic: The term ‘democratic’ is used in the
Preamble in the broader sense embracing not
only political democracy but also social and
economic democracy.
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• Republic: Therefore, the term ‘republic’ in our
Preamble indicates that India has an elected head
called the president. He is elected indirectly for a fixed
period of five years.
• Justice: The term ‘justice’ in the Preamble embraces
three distinct forms– social, economic and political
• Liberty: The term ‘liberty’ means the absence of
restraints on the activities of individuals, and at the
same time, providing opportunities for the
development of individual personalities.
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• Equality: The term ‘equality’ means the
absence of special privileges to any section of
the society, and the provision of adequate
opportunities for all individuals without any
discrimination.
• Fraternity: Fraternity means a sense of
brotherhood. The Constitution promotes this
feeling of fraternity by the system of single
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 Union and its Territory
• Articles 1 to 4 under Part-I of the Constitution deal with
the Union and its territory.
• Article 1 describes India, that is, Bharat as a ‘Union of
States’
• The Constituent Assembly had to adopt a mix of both
(‘India, that is, Bharat’)
• The country is an integral whole and divided into
different states only for the convenience of
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• According to Article 1, the territory of India can be
classified into three categories:
1. Territories of the states
2. Union territories
3. Territories that may be acquired by the Government of
India at any time.
• At present, there are 28 states and 9 union territories.
The states are the members of the federal system and
share a distribution of powers with the Centre.
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• Article 2 grants two powers to the Parliament: (a) the power to
admit into the Union of India new states; and (b) the power to
establish new states.
• Article 3, on the other hand, relates to the formation of or changes
in the existing states of the Union of India. In other words, Article 3
deals with the internal re-adjustment of the territories of the
constituent states of the Union of India
• Article 3 authorizes the Parliament to: (a) form a new state by
separation of territory from any state or by uniting two or more
states or parts of states or by uniting any territory to a part of any
state; (b) increase the area of any state; (c) diminish the area of any
state; (d) alter the boundaries of any state; and (e) alter the name of
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• Moreover, the Constitution (Article 4) itself
declares that laws made for admission or
establishment of new states and formation of
new states and alteration of areas, boundaries or
names of existing states are not to be considered
as amendments of the Constitution under Article
368. This means that such laws can be passed by
a simple majority and by the ordinary legislative
process.
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 Citizenship
• Citizenship is the status of a person recognized under
the law of a country of belonging to thereof.
• Citizens are full members of the Indian State who enjoys
all civil and political rights.
• The Constitution deals with the citizenship from Articles
5 to 11 under Part II
• Single citizenship: The citizens in India owe allegiance
only to the Union. There is no separate state citizenship
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• According to the Constitution, the following four
categories of persons became the citizens of India
at its commencement i.e., on January 26, 1950:
(a) Persons domiciled in India
(b) Persons migrated from Pakistan
(c) Persons migrated to Pakistan but later returned
(d) Persons of Indian origin residing outside India.

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 CITIZENSHIP ACT, 1955
• The Citizenship Act (1955) provides for acquisition and loss of citizenship
after the commencement of the Constitution.
Acquisition of Citizenship ( Types )
1. Birth
 Citizenship by birth
2. Descent : A person born outside India
 A person born outside India shall not be a citizen of India by descent,
unless his birth is registered at an Indian consulate within one year of the
date of birth or with the permission of the Central Government, after the
expiry of the said period
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3. Registration
 The Central Government may, on an application, register
as a citizen of India any person
4. Naturalisation
 The Central Government may, on an application, grant a
certificate of naturalisation to any person
5. Incorporation of territory
 If any foreign territory becomes a part of India, the
Government of India specifies the persons who among
the people of the territory shall be the citizens of India.
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 Loss of Citizenship
1. By Renunciation
Any citizen of India of full age and capacity can
make a declaration renouncing his Indian
citizenship

2. By Termination
When an Indian citizen voluntarily acquires the
citizenship of another country, his Indian
citizenship automatically
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3. By Deprivation
It is a compulsory termination of Indian citizenship by the Central government,
if:
(a) The citizen has obtained the citizenship by fraud:
(b) The citizen has shown disloyalty to the Constitution of India:
(c) The citizen has unlawfully traded or communicated with the enemy during a
war;
(d) The citizen has, within five years after registration or naturalisation, been
imprisoned in any country for two years; and
(e) The citizen has been ordinarily resident out of India for seven years continuously

Thank you

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