School of Law Dr Jaydevan S Nair2023 24 intro

Summary

The video script traces the development of the Indian Constitution from colonial times to its adoption in 1950. It highlights the influence of British rule, the Mutiny of 1857, and the subsequent legislative acts that shaped India's governance. The script details the evolution of constitutional thought through various bills and committees, leading to the establishment of the Constituent Assembly. It emphasizes the Constitution's features, such as federalism, secularism, democratic governance, and fundamental rights, and discusses the assembly's composition and the drafting process, culminating in the world's longest constitution.

Takeaways

• 🏛️ The Constitution of India has its roots in the colonial British period and the political and administrative systems they established.
• 🌊 The East India Company's governance post-1857 Mutiny marked an early attempt to introduce British legal and administrative systems in India.
• 📜 The Indian Councils Act of 1861 introduced a cabinet system and legislative councils, increasing Indian participation in governance.
• 🗳️ The Indian Council Act of 1892 and the subsequent 1909 Act introduced election systems and expanded legislative council functions.
• 🔄 The Government of India Act 1919 and 1935 were significant reforms leading to the current constitution, introducing diarchy and provincial autonomy.
• 🏢 The 1935 Act was revolutionary, laying the groundwork for federalism and establishing the Federal Court.
• 📝 Early constitutional attempts include the Constitution of India Bill 1895, which influenced later constitutional prototypes.
• 🌟 The Nehru Report and the Sapru Committee Report emphasized fundamental rights and the need for a written constitution, especially in a diverse country like India.
• 👥 The Constituent Assembly, which drafted the Constitution, was composed of 299 members, including 15 women, and was advised by legal experts.
• ✍️ The drafting process involved committees and plenary sessions, with amendments proposed and debated extensively before adoption.
• 📚 The Indian Constitution is the longest in the world, with 395 original articles, and has undergone numerous amendments to adapt to the country's needs.

Q & A

What is the historical significance of the Constitution of India?

The Constitution of India is significant as it marks the beginning of India's journey as a sovereign, socialist, secular, and democratic republic. It was adopted by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950, after India gained independence from British rule.

How did the British colonial rule influence the development of India's Constitution?

British colonial rule laid the initial groundwork for India's Constitution through the establishment of legal and administrative systems. Acts like the Indian Councils Act of 1861 and subsequent reforms introduced concepts of representation and legislative devolution, which later influenced the framing of the Indian Constitution.

What was the role of the East India Company in the early governance of India?

The East India Company, initially a trading entity, began to establish governance structures in India from 1600 onwards. It operated under a charter granted by the British Crown and expanded its territories in India, introducing legal and administrative systems that were the precursors to later constitutional developments.

Why was the participation of Indians in the legislative councils considered important during the British rule?

The participation of Indians in legislative councils was considered important to address the growing sense of alienation and discontent among the Indian population. Influential figures like Sayed Ahmed Khan argued that the lack of Indian involvement in governance was a significant cause of the 1857 Mutiny.

How did the Indian National Congress contribute to the development of India's Constitution?

The Indian National Congress played a crucial role by advocating for greater Indian participation in governance and pushing for constitutional reforms. It set up committees to draft constitutions, such as the Nehru Report, which emphasized the need for written fundamental rights and influenced the final Constitution of India.

What was the significance of the Government of India Act 1935 in the constitutional history of India?

The Government of India Act 1935 was significant as it introduced several features that were later incorporated into the Constitution of India, 1950. It provided for a federal structure, provincial autonomy, and the establishment of a Federal Court, marking a shift towards a more democratic and federal system of governance.

How was the Constituent Assembly of India formed, and what was its role in drafting the Constitution?

The Constituent Assembly was formed by the Indian National Congress in 1934, demanding a constitution drafted by Indians without foreign interference. It was composed of 299 members, with 229 elected from provinces and 70 nominated from princely states. The Assembly worked as a legislative body and as the drafting body for the Constitution, adopting it on November 26, 1949.

What are the key features of the Indian Constitution?

The Indian Constitution is known for its length, detailed provisions, and incorporation of fundamental rights, directive principles of state policy, and a parliamentary form of government. It establishes India as a sovereign, socialist, secular, and democratic republic with a federal structure and an independent judiciary.

How does the Indian Constitution ensure a balance between the rights of individuals and the needs of the state?

The Constitution of India ensures a balance by granting fundamental rights to individuals while also allowing for reasonable restrictions on these rights for the sake of national security, public order, and other valid reasons. This balance is maintained through the judiciary's power to review and strike down laws or actions that violate these rights.

What is the significance of the 42nd Amendment Act, 1976, in the context of the Indian Constitution?

The 42nd Amendment Act, 1976, is significant as it inserted the terms 'socialist' and 'secular' into the Preamble of the Constitution, reinforcing the principles of social justice and equality. It also expanded the scope of fundamental duties, emphasizing the responsibilities of citizens towards the nation.

Outlines

00:00

📜 Historical Origins of the Indian Constitution

The Indian Constitution's roots trace back to the British colonial period, starting from the early 17th century. The British, after the 1857 Mutiny, began to establish a legal and administrative system in India, influenced by their own political and legal structures. The East India Company's charter acts were instrumental in this process. The Indian Councils Act of 1861 marked the beginning of legislative devolution, allowing Indians to participate in governance, albeit minimally. The growing Indian National Congress movement, led by Western-educated intellectuals, demanded an end to the secondary treatment of Indian citizens and greater participation in government, influencing subsequent legislative acts.

05:01

🏛️ Evolution of Representative Governance in India

The Indian Council Act of 1892 increased the number of legislative council members and partially introduced an electoral system. The Indian Council Act of 1909 further expanded representation and allowed councils to discuss financial matters, although without voting powers. The Government of India Act of 1919 aimed to increase Indian participation in administration and introduced the concept of 'dyarchy' in provinces. The Government of India Act of 1935 was revolutionary, proposing an all-India Federation, establishing provincial autonomy, and introducing bicameral legislatures. It also established the Federal Court to resolve disputes between states and the center.

10:02

📜 Early Constitutional Drafting Efforts in India

The first attempt at drafting a constitution was the Unknown Author Bill of 1895, attributed to Bal Gangadhar Tilak, advocating for self-government within the British Empire. The Annie Besant Bill in 1925 proposed seven fundamental rights, including freedom of expression and equality before law. The Nehru Report in 1928 emphasized written fundamental rights, particularly in the context of India's communal differences. The Sapru Committee Report in 1945 distinguished between justiciable and non-justiciable rights, influencing the later fundamental rights and directive principles of state policy in the Indian Constitution.

15:04

🏛️ Formation and Working of the Constituent Assembly

The demand for a Constituent Assembly was put forth by the Indian National Congress in 1934, rejecting the British White Paper of 1933. The British government proposed an elected body for framing a new constitution in 1942, which was rejected by Indians. The Cabinet Mission of 1946 aimed to set up a body for Indians to draft their own constitution. The Constituent Assembly, composed of 299 members, worked as both a national legislature and a constitution-drafting body. It was organized into committees to accomplish its goals, with Dr. B.R. Ambedkar as the chairman of the drafting committee. The constitution-making process involved deliberations from December 1946 to August 1947, with amendments proposed and debated before being adopted or rejected.

20:04

📜 Salient Features of the Indian Constitution

The Indian Constitution is the longest and most detailed, originally containing 395 articles divided into 22 parts and eight schedules. It establishes India as a sovereign, socialist, secular, democratic republic. The Constitution includes a comprehensive list of fundamental rights and directive principles of state policy. It also incorporates the concept of a welfare state, a strong centralizing tendency in the federal structure, and an independent judiciary. Unique features include universal adult suffrage, a single citizenship, and the incorporation of fundamental duties, making India one of the few countries to do so.

25:05

🏛️ Fundamental Duties and the Indian Constitution

The Indian Constitution uniquely includes fundamental duties, outlining the responsibilities expected of its citizens. These duties are enshrined in Part 4A, Article 51A, and their violation can lead to legal consequences. The fundamental duties emphasize the civic responsibilities that complement the rights enjoyed by Indian citizens, fostering a sense of duty and responsibility towards the nation and its governance.

Keywords

💡Constituent Assembly

The Constituent Assembly refers to the body of elected representatives responsible for drafting the Constitution of India. It was convened in 1946 and adopted the Constitution on November 26, 1949. The assembly was significant as it represented a diverse group of individuals, including women and members from various social backgrounds, tasked with creating a document that would guide the newly independent nation. The script mentions that the assembly worked from December 1946 to August 1947 and was composed of 299 members, highlighting its democratic and inclusive nature.

💡Fundamental Rights

Fundamental Rights are the basic rights guaranteed to all citizens by the Constitution of India, ensuring individual liberties and freedoms. These rights are non-negotiable and act as checks against the state's power. The script refers to Part III of the Indian Constitution, which includes a long list of fundamental rights, such as the right to freedom of speech and expression, equality before the law, and the right to life and personal liberty. These rights are integral to the democratic fabric of India and are protected by the judiciary.

💡Directive Principles of State Policy

Directive Principles of State Policy are guidelines for the state to promote social, economic, and political justice in India. Unlike fundamental rights, these principles are not enforceable by courts but serve as a moral code for the government to follow. The script mentions Part IV of the Constitution, which outlines these principles, emphasizing the state's role in ensuring welfare, social justice, and environmental protection. They are crucial for understanding the ethical framework within which the government is expected to operate.

💡Federal System

A federal system of government is one in which power is divided between a central authority and constituent political units, such as states or provinces. The script discusses how the Constitution of India established a federal structure with a distribution of powers between the central government and the states, as outlined in the Seventh Schedule. This system allows for a balance of power and ensures that governance is both centralized and decentralized, catering to the diverse needs of the country.

💡Parliamentary Form of Government

A parliamentary form of government is characterized by a system where the executive branch derives its democratic legitimacy from, and is held accountable to, the legislature. The script explains that the Constitution of India envisions a parliamentary system at both the central and state levels, following the British model. In this system, the government is responsible to the parliament, and the leader of the majority party or coalition becomes the head of the government, exemplifying the principle of a responsible government.

💡Secularism

Secularism in the context of the Indian Constitution means that the state has no official religion and treats all religions equally. The script notes that the term 'secular' was inserted into the Preamble by the 42nd Amendment in 1976, reflecting the Constitution's commitment to religious neutrality and equality. This principle is crucial for maintaining harmony in a diverse country like India with multiple religions.

💡Republic

A republic is a form of government in which the country is considered a 'public matter' and the head of state is an elected or nominated president, rather than a monarch. The script mentions that the Constitution of India established India as a democratic republic, with an elected head of state, signifying the people's sovereignty and the rejection of monarchical rule.

💡Universal Adult Suffrage

Universal Adult Suffrage is the principle that all adult citizens have the right to vote in elections, regardless of gender, property, or tax status. The script highlights that the Constitution of India introduced a uniform adult suffrage system, where every citizen above the age of 18 has the right to elect representatives. This principle is a cornerstone of democracy, ensuring equal participation in the political process.

💡Independence of Judiciary

The independence of the judiciary refers to the judiciary's ability to function without interference from the executive or legislative branches of government. The script emphasizes the establishment of an independent and impartial judiciary in India, which serves as a custodian of citizens' rights and an arbiter in disputes. This independence is vital for upholding the rule of law and ensuring justice.

💡Fundamental Duties

Fundamental Duties are the moral and ethical obligations of citizens towards the nation and society, as enshrined in the Constitution of India. The script mentions that India is among the few countries to incorporate the concept of fundamental duties, which prescribe the responsibilities expected of citizens. These duties, outlined in Part IV, Article 51A, include respecting the constitution, protecting the sovereignty and integrity of India, and promoting harmony and brotherhood. They complement fundamental rights and emphasize the reciprocal relationship between rights and responsibilities.

Highlights

The story of the Constitution of India has roots in the colonial British settlements and the political and administrative habits that developed since the early 17th century.

The East India Company's initial charter in 1600 marked the beginning of British legal and administrative systems in India.

The Indian Councils Act of 1861 introduced the cabinet system of administration and legislative devolution, marking the beginning of Indians' association with legislative work.

The Indian Council Act of 1892 increased the number of members in legislative councils and partially introduced a system of elections.

The Indian Council Act of 1909 introduced indirect elections and allowed councils to discuss financial matters, though without voting powers.

The Government of India Act 1919 aimed to increase Indian association in administration and develop self-governing institutions.

The Government of India Act 1935 was revolutionary, introducing federalism and the idea of provincial autonomy.

The Constituent Assembly was organized with 299 members, including 15 women, to draft India's new constitution.

The Constitution of India, adopted on 26th November 1949, is the lengthiest and most detailed constitution in the world.

The Constitution establishes India as a sovereign, socialist, secular, democratic republic.

Fundamental rights in the Constitution act as prohibitions against the state, with courts empowered to strike down violations.

Directive principles of State policy guide governance, though they are non-justiciable.

India's federal system has a strong centralizing tendency, especially in the distribution of financial powers.

Universal adult suffrage is a key feature of the Indian Federation, with every citizen above 18 having the right to vote.

The Constitution provides for a single citizenship, despite India being a federal state.

Fundamental duties are incorporated into the Constitution, prescribing duties expected of citizens with legal consequences for violations.

Transcripts

[Music]

dear students the story of the

Constitution of India begins much

earlier to the actual meeting of the

constituent assembly in

1946 and its adoption by the constituent

assembly on 26th November

1949 and its eventual handing over of

the Sacred document to the Indian State

on the 26th of January

1950 the rudimentary beginnings of the

current framework can be traced firstly

to the Colonial British settlements and

the political and administrative habits

that came up in India since the first

ship landed on the shores of India in

the early 17th century the mugal era

that preceded the British period was a

monarchic period and did not reflect the

value systems nor the governance

structure that the British sought to so

when they became serious with the

resolve to govern the country in 1858

after the Mutiny of

1857 the English who came to India for

trade through the East India Company a

trading entity that operated under a

charter granted by The Sovereign began

to build a legal and administrative

system for the territories held by them

this could be the earliest attempt to

initiate in a ncent manner systems and

constitutional values into the Indian

Territory that were indispensably woven

into the political and legal system of

England these were executed through the

charter acts promulgated by the crown

from time to time in favor of the East

India Company having laid their

foundations initially at Surat in the

year 16008 the East India Company

expanded their operations territorially

and in course of time held subst fincial

settlements in the

subcontinent it is noteworthy that in

each of these British positions there

was an identity and harmony with respect

to their legal administrative and

Judicial Systems it was in the aftermath

of the first war of independence in the

year 1857 that political sovereignty of

Britain came out of the Shadows of the

East India Company to rule over British

India the administrative dispensation in

India came to be increasingly

scrutinized by the governing missionary

in England through the several periodic

enactments the British sought to

administer their territories in India

beginning from the Indian council's Act

in

1861 they were greatly affected and

impelled by the sense of alienation and

intrigued by the causes for the Mutiny

in

1857 however the participation of

Indians in the administrative missionary

was still negligible and there was

enormous discontent and a brewing sense

of alienation among the Indian people in

fact a senior and influential figure

Sayed Ahmed Khan went into the cuses of

the 1857 ailion in the course of the

Indian revolt and suly concluded that it

was a lack of participation of the

Indians in the governing missionary that

is a legislative councils for them

having a reason to take up arms against

the British government

the old aristocratic and autocratic form

of the state had to change the 1861 act

introduced the cabinet system of

administration with distributed

portfolios among the legislative council

members however the Indians were still

not there in the higher echelons of

administration Indians were for the

first time associated with the work of

legislation as non-official members of

the council the provinces Bombay and

medras were wested with legislative

powers marking the beginning of

legislative Devolution there was since

the late 19th century a growing national

movement under the banner of Indian

National Congress this was greatly

heralded by the Western educated

intelligentia who wanted the secondary

treatment of Indian citizens to end and

greater participation of the Indians in

the agencies of government it is in this

context that one has to see the nature

of the acts passed by the British the

next important change came with the

passage of the Indian Council act 1892

by the British Parliament it affected

changes to the composition and

functioning of the councils

representation was given to those who

were not in civil and military service

it is noteworthy that it was in the

context of increasing nationalist

sentiments and a nationalist movement

that was brewing across the country that

this Act was passed it has often been

said that the foundation of

Representative governments was laid down

by this act it increased the number of

members in the legislative councils and

also enlarg the functions of the council

most significantly it partially

introduced a system of

Elections this legislation would soon be

overruled by the Indian Council Act of

1909 that was promulgated under the ages

of mle MTO reforms

a semblance of democratic representative

Norms could be seen in the

administration of the country with the

introduction of indirect elections the

size of legislative councils were

increased both at the center and the

states importantly the limitations were

removed and the councils were allowed to

discuss any matter ask questions and

supplementary questions on financial

matters the councils could move

resolutions but no voting Powers were

granted the next critical reform happens

through the government of India act 1919

based on monu chsw

reforms The Motto was for increasing the

association of Indians in the

administration and gradual development

of self-governing

Institutions this was for the

realization of responsible government as

an integral part of British Empire it

introduced the concept of diaki in the

provinces the idea of responsible

government was not introduced at the

center however the governor general had

overriding powers as prior sanction was

required for bills to be introduced and

he was also wested with the power of

veto he was bestowed with the power of

legislation even if the legislature was

opposed to it the structure of

governance was unitary with the center

having overarching powers working

through the governor general in Council

the next important critical reform took

place in 1935 through the government of

India act

1935 this act was a revolutionary as it

contained several features that have

been carried into the present

constitution of India

1950 the ACT provided for an all- India

Federation comprising British India and

such Indian States as want to come into

the

Federation however this never came to be

realized as none of the rulers of Indian

States sign signed the instrument of

accession the Ary was abolished in the

States but was introduced in the center

it saw the beginning of provincial

autonomy power was divided between the

center and provincial legislatures based

on federal list and a provincial list

the federal legislature was composed of

two houses the Council of states and the

Legislative Assembly announcing the

arrival of the idea of federalism the

act very significant ly established the

Federal Court it was wested with

original jurisdiction of hearing

disputes between the states or between

the center and the States it also had an

appellate and advisory

jurisdiction now let us go

into understanding some of the early

attempts at Constitution making the

first bill was the unknown author Bill

we do not know the name of the author of

this bill and it was the first attempt

at drafting a constitution in India and

it can be traced to the constitution of

India Bill

1895 the document contained 110 articles

though we do not know the identity of

the author of the bill nevertheless it

has been attributed to Bal gangadhar

tilak who was synonymous with the call

for

swaraj the bill was also called the

swaraj bill however the bill wanted to

be within the confines of the idea of

self-government while being part of the

British Empire the bill went on to

influence other constitutional

prototypes as well it is noteworthy that

some of the Constitutional propositions

in the bill have found acceptance even

today for instance article 16 of the

bill laid down a variety of Rights

including Free Speech imprisonment by

competent Authority and significantly

promised free education as well the next

important stage in constitutional

development ment was in the Annie

bessent Bill the next major attempt can

be seen in the Commonwealth of India

Bill 1925 drafted under the chairmanship

of Annie bessent that contained 127

articles the draft found the inscription

of seven fundamental rights that

included expression of opinion free

assembly and equality before law there

was to be no disqualification or

disability on the ground of sex free and

Elementary education was guaranteed and

all persons were to have equal rights to

the use of Roads Courts of justice and

all other places of business or Resort

dedicated to the public these Provisions

find an echo in the constitution of

India 1950 as well either as a

fundamental right or a director

principle of State policy the next

important stage came with the medras

Congress and the neheru report within 2

years of the Commonwealth of India Bill

1925 that failed to be passed by the

British Parliament the British

government constituted the Simon

commission to work on constitutional

reforms in India in response to this

decision the medras Congress in 1927

decided to set up a drafting committee

to draft a swaraj constitution on the

basis of Declaration of Rights one of

the important agenda was to have a

written Declaration of Rights

particularly

as India was a land of minorities in

1928 the Congress set up a committee

under the chairmanship of motilal Neu

which eventually resulted in Neu

committee report on the draft

Constitution conable emphasis was placed

on the need for written fundamental

rights particularly in the context of

simmering communal differences in India

it is not worthy that several of the

causes in the Constitution today are

echo of the provisions proposed in the

Naru report the next important committee

recommendation came from T bahadur SAU

the SAU committee report published in

the year 1945 contained Provisions for

constitutional reform with particular

impetus on the incorporation of

fundamental rights mollifying the fears

of minority communities was high on the

agenda the subu committee report brought

forth a distinction between justiciable

rights and non-justiciable rights which

was later on reflected in the

demarcation on into fundamental rights

and direct principles of State policy

equality between communities and

Assurance of civil and political rights

Liberty and Security in the enjoyment of

freedom of religion pursuit of worship

and other ordinary applications of Life

were the highlights of this

report now let us go over to how the

constituent assembly was organized and

its Inception it was in

1934 that the Indian National Congress

put forth the demand for a constituent

assembly while denying the acceptability

of the white paper of 1933 put forward

by the British

dispensation as it did not express the

will of the people of India in fact the

strength of this demand can be traced

back to Gandhi in 1922 when he said that

saraj cannot become the gift of British

but that it should spring from the

wishes of the people of India this was

reiterated in several sessions that it

would be a constitution drawn from the

people and framed without any

interference from any foreign Authority

this buoyant mood further hardened with

the onset of the second world war

sensing the mood in India the British

government sent the CPS mission in 194 2

named after sir Stafford Crips who led

the mission it proposed the setting up

of an elected body for framing a new

constitution for India the Indian States

would also be a participant in this

process the composition of this body

shall be of persons elected by

provincial legislatures and others

nominated by the Indian princely States

the proposals were however rejected by

the Indians by the time of the

functioning of the constituent assembly

there was a general sense of national

character among the people of the

country rather than a political entity

identified either as British India or as

Indian states it is important to note

that the labor government which came to

power in Britain in September 1945

ordered that national elections be held

so that the newly created provincial

legislatures could act as electoral

bodies for a constituent assembly to

pave the way for for this the cabinet

Mission 1946 came to India with a

resolve to set up a missionary through

which Indians could set a constitution

of their own however there was a

widening split between the Indian

National Congress and the Muslim League

while the former called for a constient

assembly and self-determination Jina LED

Muslim League preferred British presence

in India and by 1945 called for the

creation of two constituent assemblies

one for Hindustan and the other for

Pakistan as the idea of constitution

assembly was the creation of a foreign

government and accountable to it Gandhi

was not accepting its Sovereign status

though other members of the constituent

assembly did think to be it to be of a

sovereign character to put it Beyond The

Pale of contention later the constituent

assembly made rules which made the

matter quite clear the rules clearly

articulated that the assembly shall not

be dissolved except by a resolution

ascented to by 2/3 of the whole number

of members of the assembly with the

passage of the Indian independence act

1947 and with the creation of two states

The Sovereign status of the constituent

assembly was beyond doubt the

constituent assembly worked both as a

national legislature of the newly

Independent India as well as the body

drafting the country's new

constitution it is noteworthy that the

members of the constituent assembly were

not elected on the basis of universal

franchise provincial elections were held

in India in 1945

1946 it was the provincial legislatures

that chose the representatives of to the

constituent assembly it is interesting

to note that the elections to the

constituent assembly was through an

indirect electoral process among the

elected members of the provincial

assemblies already in place though

experts point out that it was not truly

representative of the Indian population

it catered to represent the sentiments

of both minorities as well as the

majorities the cabinet Mission plan

rejected the idea of direct elections to

the constituent assembly by adult

suffrage as that would be too cumbersome

and slow now let us go over to the

composition and functioning of the

constient assembly the constituent

assembly was composed of 299 members 229

members elected from the 12 Indian

provinces and 70 members nominated from

29 princely States in order to

facilitate the functioning of the

constituent assembly the services of

experiened tals were called in for

instance B Andra who was from the

judicial segment of the civil services

was given the responsibility of charting

the working of the assembly his

expertise in comparative constitutional

systems was put to good use from the

voting process to the nature of the

sessions he used his prior exposure in

comparative law to good effect the

assembly was constituted into committees

in order to accomplish the goals of the

Constitutional assembly these eight

committees were composed of 36 members a

leader of the downtrodden Dr V edar a

constitutional luminary and an economist

was made the chairman of the drafting

committee it is noteworthy that the

consent assembly had notable women

representation as well 15 women members

including Hansa mea in the fundamental

rights subcommittee and beam Asis rasul

were prominent vocal members the process

of constitution making was deliberated

upon by the wus working committees and

lasted from December 1946 to August

1947 these were further reviewed by Dr

BR ambedkar and the final version was

presented to the assembly in November

1949 a significant part of deliberations

was on the draft constitutions prepared

by the drafting committee members of the

constituent assembly proposed amendments

which have to be submitted in advance to

the chairman and these were debated at

length at the end of a debate around an

article of the draft Constitution the

constituent assembly either adopted or

rejected the Amendments the drafting

took place through the Committees and

plenary meetings the Committees were

smaller groups of assembly members

responsible to prepare draft articles

reports and notes on specific aspects of

the Constitution the assembly at the

plenary level was convened in full

strength and discussed the reports of

various committees am amendments were

then moved debated dropped or adopted

the constituent assembly took decisions

through a majority vote on 26th November

1949 after 166 days of deliberations the

final constitutional document was

adopted by the constituent assembly the

day is observed as Constitution Day in

India now let us move over to some of

the Salient features of the Constitution

of India the lengthiest con in the world

the Indian constitution is the

lengthiest and the most detailed

constitution in the world it originally

contained 395 articles divided into 22

parts and eight schedules can you guess

the number of Articles and amendments

carried out to this constitutional

document till today the Constitution

contains in part three a long list of

fundamental rights and in part four

there to principles of State policy

the Constitution

establishes a sovereign socialist

secular Democratic Republic the term

socialist was inserted in the Preamble

by the 42nd Amendment act

1976 however the idea is already in

essence there in the Constitution the

term secularism means the state does not

have any official religion and it treats

all religions equally once again the

spirit of secularism is resonant in the

Constitution

which has been later inserted through

the 42nd amendment in the year

1976 the term Democratic means that the

constitution establishes a form of

government which gets its Authority from

the people the term republic means that

there shall be an elected Head of the

State as regards the words parliamentary

form of government a parliamentary form

of government is envisaged by the center

and the states they have followed the

British model the government PO is

responsible to the legislature it is

therefore called a responsible

government a significant highlight of

the Constitution of India is that there

is in part three of the Constitution the

fundamental rights which have been

Incorporated these rights act as

prohibitions against the state the state

cannot make laws violating the

fundamental rights if it does so the

courts can strike it down both the

Supreme Courts and the high court courts

have been endured with the power to

strike down legislation as well as

executive action that violates

fundamental rights the fundamental

rights however are not absolute rights

these are exceptions and situations

where the state can act in restraining

the exercise of fundamental rights of

the citizens the idea of fundamental

rights in a written form has been

borrowed from the Constitution of United

States of

America however the same in our con

Constitution has been balanced with the

needs of security of the state the next

important highlight of the Constitution

is the incorporation of what's called as

the dir of principles of State policy

this was incorporated into part four of

the Constitution of India it sets down

the aims and objectives to guide the

governance of the country unlike

fundamental rights the dtive principles

are

non-justiciable however though not

accountable in a court of law the

directive principles of State policy are

important yard sticks to judge the

performance of the government and they

can be measured during the

elections the next important highlight

is the idea of welfare state which is

ingrained in the directive principles of

State

policy another highlight of this

Federation which is India is the strong

centralizing tendency in the Federation

power is distribut Ed between the center

and the states there is a detailed

distribution of powers between the

center and the states through the

seventh schedule of the

Constitution however despite this grant

of lawmaking and administrative powers

to States one can discern a very strong

centralizing tendency in the

Constitution there is a distribution of

financial powers between the center and

the states as well however this state of

affairs acquires a unitary character

with the Declaration of emergency this

is a unique highlight of the federal

system in India another significant

highlight is universal adult suffrage a

uniform adult suffrage system has been

introduced in India every man or woman

above the age of 18 years has been

endured with the right to elect

representatives for the legislatures

this right is unqualified without

reference to sex property taxation or

the like

a significant highlight of the Indian

Federation is that there is an

independent Judiciary an independent and

impartial Judiciary has been established

in India to resolve disputes it is a

custodian of the rights of the people it

also acts as an Arbiter of disputes

between the constituent units of India

in the context of India being Federal in

character another significant highlight

is a single citizenship even though we

are a federal state and the power is

divided between the center and the

States the Constitution provides only

for a single citizenship there is no

concept of dual or state

citizenship another significant

highlight of the Indian constitution is

the incorporation of fundamental duties

we are among a few countries in the

world to incorporate the idea of

fundamental duties into the Constitution

it prescribes the duties that are

expected of the citizens the violation

of which can entail legal consequences

the fundamental Duties are enshrined in

part 4 a article 51a of the Indian

constitution thank

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you