Week 3

Constitution of India – An Introduction

The Constitution of India is the supreme law of the country and serves as the
framework for its governance. It was adopted on November 26, 1949, and came into effect on
January 26, 1950, marking the beginning of India's status as a republic.

The Constitution of India lays down the fundamental rights, directive principles, and the
structure and functioning of the government. It is the lengthiest written constitution in the
world, containing a preamble and 470 articles, divided into 25 parts, and 12 schedules. The
original text of the Constitution has been amended several times to accommodate the
changing needs of the nation.

The preamble of the Indian Constitution highlights the ideals and objectives of the document,
emphasizing justice, liberty, equality, and fraternity for all citizens. It also signifies India as a
sovereign, socialist, secular, and democratic republic.

The Constitution of India establishes a federal system of government with a parliamentary

form at the center and a mix of federal and unitary features. It defines the distribution of
powers between the central government and the states, outlining the functions,
responsibilities, and limitations of each.

The Constitution guarantees a wide range of fundamental rights to the citizens, including the
right to equality, freedom of speech and expression, protection against discrimination, and the
right to life and personal liberty. These rights ensure the protection and well-being of every
individual in the country.

Moreover, the Constitution of India incorporates the directive principles of state policy,
which guide the government in making laws and policies for social justice, economic welfare,
and the overall development of the nation.

The Constitution also outlines the structure and powers of the three branches of government:
the executive, the legislature, and the judiciary. The President of India is the head of state,
while the Prime Minister is the head of government. The Parliament consists of two houses:
the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The judiciary,
headed by the Supreme Court of India, acts as the guardian and interpreter of the
Constitution.

The Constitution of India has played a crucial role in shaping the democratic fabric of the
country. It has provided a stable and inclusive system of governance, ensuring the protection
of individual rights and promoting social justice. Over the years, the Constitution has evolved
through amendments and judicial interpretations to address the changing needs and
aspirations of the Indian society.
Overall, the Constitution of India stands as a symbol of unity, diversity, and the collective
aspirations of the Indian people. It provides a comprehensive framework for the functioning
of the government, the protection of citizens' rights, and the pursuit of national progress.

History of Constitution of India

The history of making the Constitution of India is a significant chapter in the country's
journey towards independence and the establishment of a democratic nation. Here's a brief
overview of the key events and processes involved:

1. Demand for a Constitution: During India's struggle for independence from British
colonial rule, leaders like Mahatma Gandhi, Jawaharlal Nehru, B.R. Ambedkar, and
others recognized the need for a comprehensive constitution that would guide the
nation's governance after attaining independence.
2. Constituent Assembly: In 1946, the British government proposed the formation of a
Constituent Assembly to draft the Indian Constitution. The assembly would consist of
elected representatives from the provincial assemblies as well as nominees of the
princely states. The members of the assembly were selected through indirect
elections.
3. Objective Resolution: On December 13, 1946, the Constituent Assembly adopted the
Objective Resolution, moved by Jawaharlal Nehru. It laid down the guiding principles
and objectives for the drafting of the constitution, including the establishment of a
sovereign, democratic, and republic India.
4. Drafting Committee: The Constituent Assembly appointed a drafting committee,
headed by B.R. Ambedkar, to prepare the first draft of the Constitution. The
committee consisted of seven other members who worked on different aspects of the
constitution.
5. Drafting Process: The drafting committee deliberated on various issues and prepared
multiple drafts of the constitution. They considered inputs from various sources,
including the reports of the subcommittees formed to examine specific subjects like
fundamental rights, minorities, and tribal areas.
6. Debates and Discussions: The Constituent Assembly conducted intense debates and
discussions on various provisions of the constitution. Members presented their views
and opinions on matters such as fundamental rights, federalism, language, and
religious freedoms. These deliberations helped shape the final version of the
constitution.
7. Adoption and Enactment: After several years of deliberations and amendments, the
Constituent Assembly adopted the final draft of the Constitution on November 26,
1949. It was signed by the members and came into effect on January 26, 1950,
marking the official commencement of the Republic of India.
8. Amendments: Since its enactment, the Indian Constitution has undergone numerous
amendments to address emerging challenges and societal changes. Amendments have
been made through a formal process involving the approval of both houses of
Parliament or, in certain cases, through special procedures.
 9. Influences and Sources: The Constitution of India drew inspiration from various
sources, including the constitutions of several countries like the United States, the
United Kingdom, Canada, and Australia. It also incorporated principles from the
Government of India Act 1935, which served as the legal framework during the
colonial period.

The making of the Constitution of India was a remarkable achievement, reflecting the
collective vision, aspirations, and diverse viewpoints of the leaders and citizens of the time. It
stands as a testament to India's commitment to democracy, social justice, and the protection
of individual rights.

Composition of Constituent Assembly

The Constituent Assembly of India was formed to draft the Constitution of India. Here
are some key details about the Constituent Assembly:

1. Formation: The Constituent Assembly was formed on December 9, 1946, under the
provisions of the Cabinet Mission Plan. It was a body of representatives from across
British India, including both the provinces and the princely states. The assembly
consisted of 389 members initially.
2. Composition: The members of the Constituent Assembly were elected by the
members of the provincial legislatures, with each province and princely state allotted
a specific number of seats based on its population. The members included prominent
leaders like Jawaharlal Nehru, B.R. Ambedkar, Sardar Vallabhbhai Patel, Rajendra
Prasad, and others.
3. Leadership: Dr. Rajendra Prasad was elected as the President of the Constituent
Assembly. H.V.R. Iyengar served as the Assembly's Secretary-General, while B.N.
Rau held the position of Constitutional Advisor.
4. Committees: The Constituent Assembly formed various committees to deliberate and
work on different aspects of the constitution. The most important committee was the
Drafting Committee, headed by B.R. Ambedkar, which prepared the initial drafts of
the Constitution. Other committees, such as the Committee on Fundamental Rights,
Committee on Union Powers, and Committee on Minorities, addressed specific
issues.
5. Debates and Discussions: The Constituent Assembly held extensive debates and
discussions on various provisions of the constitution. Members presented their views,
concerns, and suggestions, which were considered in the drafting and amending
processes. The debates were conducted in a spirit of democracy, allowing diverse
perspectives to be heard.
6. Duration and Sessions: The Constituent Assembly held eleven sessions between
December 1946 and January 1950. These sessions were spread over two years and
eleven months, with the assembly meeting for a total of 165 days to discuss and
finalize the provisions of the constitution.
7. Adoption: After several rounds of deliberations, amendments, and discussions, the
Constituent Assembly adopted the final draft of the Constitution of India on
 November 26, 1949. It was signed by the members present and became the supreme
law of India.
8. Dissolution: The Constituent Assembly ceased to exist after the adoption of the
Constitution. However, it was transformed into the Provisional Parliament until the
first general elections were held in 1952.

The Constituent Assembly of India played a pivotal role in framing the Constitution, ensuring
that it reflected the aspirations and principles of a newly independent India. The members of
the assembly worked diligently to create a constitution that would lay the foundation for a
democratic, secular, and inclusive nation.

Working of Constituent Assembly

The working of the Constituent Assembly of India was a complex and elaborate process.
Here is an overview of how the assembly functioned during the drafting of the Constitution:

1. Committees and Subcommittees: The Constituent Assembly established various

committees and subcommittees to address specific areas and draft the provisions of
the Constitution. The most notable committee was the Drafting Committee, headed by
B.R. Ambedkar, which prepared the initial drafts of the Constitution. Other
committees focused on fundamental rights, minorities, union powers, provincial
autonomy, and other key aspects.
2. Deliberations and Debates: The Constituent Assembly conducted extensive debates
and discussions on various provisions of the Constitution. Members presented their
views, opinions, and concerns, expressing their vision for the newly independent
nation. These deliberations were often passionate and involved rigorous arguments
and counterarguments.
3. Input from Experts and Advisors: The Constituent Assembly sought input from legal
experts, scholars, and advisors in formulating the provisions of the Constitution.
Prominent jurists like Sir Alladi Krishnaswamy Iyer and K.M. Munshi provided
valuable guidance and contributed to the drafting process.
4. Representation and Diversity: The Constituent Assembly aimed to represent the
diverse population of India, and its members came from different regions,
communities, and backgrounds. The assembly included prominent leaders from
various political parties, as well as representatives from princely states and
marginalized communities. Efforts were made to ensure fair representation and
address the concerns of all sections of society.
5. Decision-making: Decisions in the Constituent Assembly were generally taken
through voting. Each member had the opportunity to voice their opinion and vote on
the proposals and amendments. Important decisions required a two-thirds majority for
approval.
6. Drafting and Amendments: The Drafting Committee, under the leadership of B.R.
Ambedkar, prepared multiple drafts of the Constitution based on the inputs received
from the assembly members and committees. The drafts underwent several rounds of
 scrutiny, amendments, and revisions to accommodate various viewpoints and address
concerns.
7. Public Input: The Constituent Assembly encouraged public participation in the
constitution-making process. It invited suggestions and memoranda from citizens,
organizations, and experts, seeking their input on various issues. Public opinions and
concerns were taken into account during the assembly's deliberations.
8. Final Adoption: After several years of deliberations and amendments, the final draft
of the Constitution was adopted by the Constituent Assembly on November 26, 1949.
The adoption marked a significant milestone in India's journey towards becoming a
republic.

The working of the Constituent Assembly involved a comprehensive and inclusive approach
to drafting the Constitution. It was characterized by intense debates, cooperation, and
compromise to ensure the creation of a robust and inclusive constitutional framework for the
newly independent India. The assembly's dedication and collective efforts resulted in the
formulation of one of the world's most comprehensive and influential constitutions.

Fundamental Rights
Fundamental rights are basic human rights that are considered essential for the
protection and well-being of individuals. They are a crucial part of any democratic society, as
they ensure that every person is entitled to certain freedoms and safeguards against abuse or
oppression by the state or other individuals. Fundamental rights establish a framework for
individual liberties, equality, and justice.

In the context of the Indian Constitution, the fundamental rights are enshrined in Part III
(Articles 12 to 35). They are considered fundamental because they are guaranteed and
protected by the highest law of the land, and any law or action that violates these rights can
be challenged in a court of law.

The fundamental rights in the Indian Constitution cover a wide range of aspects, including
equality, freedom, protection against discrimination, exploitation, and the freedom to practice
and propagate one's religion. Some of the key fundamental rights include:

1. Right to Equality (Articles 14-18): This includes the right to equality before the law,
prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth,
and equality of opportunity in matters of public employment.
2. Right to Freedom (Articles 19-22): This encompasses several freedoms, including
freedom of speech and expression, assembly, association, movement throughout
India, residence and settlement in any part of the country, and the right to practice any
profession, occupation, trade, or business.
3. Right against Exploitation (Articles 23-24): These articles prohibit human trafficking,
forced labor, and child labor. They also provide for the abolition of untouchability and
the prohibition of its practice in any form.
 4. Right to Freedom of Religion (Articles 25-28): This guarantees the freedom of
individuals to profess, practice, and propagate any religion of their choice. It also
safeguards the freedom to manage religious affairs, subject to public order, morality,
and health.
5. Cultural and Educational Rights (Articles 29-30): These rights protect the interests of
minorities by ensuring the preservation of their language, script, and culture. They
also provide for the right of minorities to establish and administer educational
institutions of their choice.
6. Right to Constitutional Remedies (Article 32): This empowers individuals to seek
legal remedies through the Supreme Court of India for the enforcement of their
fundamental rights. It is considered a fundamental right itself and acts as a safeguard
against any violation of other fundamental rights.

It's important to note that while these fundamental rights are guaranteed to citizens, certain
rights such as the right to equality, freedom of speech, and freedom of religion are available
to both citizens and non-citizens. Additionally, the Constitution allows for reasonable
restrictions on these rights in the interest of public order, security, and morality.

The fundamental rights under the Indian Constitution serve as a cornerstone of Indian
democracy and ensure the protection of individual liberties, equality, and justice. They are
intended to uphold the dignity and welfare of every citizen, fostering an inclusive and
equitable society.

Features of Fundamental Rights

The fundamental rights enshrined in the Indian Constitution have several key features that
make them significant and essential for the protection and well-being of individuals. Here are
the features of fundamental rights:

1. Constitutional Guarantee: Fundamental rights in India are explicitly guaranteed and

protected by the Constitution. They are considered the supreme law of the land, and
any law or action that violates these rights can be challenged in a court of law.
2. Individual Rights: Fundamental rights focus on the protection and promotion of
individual liberties and freedoms. They are granted to every citizen, regardless of their
gender, religion, caste, or any other status. These rights recognize and safeguard the
inherent dignity and worth of each individual.
3. Universal Application: Fundamental rights apply to all citizens of India, ensuring that
everyone is entitled to the same rights and protections. These rights cannot be denied
or infringed upon by the state or other individuals.
4. Enforceable Rights: Fundamental rights are legally enforceable. If any individual's
fundamental rights are violated, they have the right to approach the courts for a
remedy. The right to constitutional remedies (Article 32) allows individuals to seek
the enforcement of their fundamental rights directly from the Supreme Court.
5. Limitations and Reasonable Restrictions: While fundamental rights are granted as
essential protections, they are subject to reasonable restrictions in certain
 circumstances. These restrictions can be imposed in the interest of public order,
security, morality, or the rights of others. The State can curtail or restrict fundamental
rights but only to the extent necessary and justifiable.
6. Protection against State Action: Fundamental rights primarily protect individuals from
the actions of the state. They ensure that the government does not violate or infringe
upon the rights and freedoms of citizens. Individuals have the right to challenge any
state action that violates their fundamental rights.
7. Social Justice and Equality: Fundamental rights play a crucial role in promoting social
justice and equality. They prohibit discrimination based on religion, race, caste, sex,
or place of birth and guarantee equal protection of the law. Fundamental rights aim to
create a just and inclusive society where every individual has equal opportunities and
protections.
8. Evolution and Interpretation: Fundamental rights have evolved over time through
judicial interpretations. The courts have played a significant role in expanding the
scope and applicability of fundamental rights to ensure their relevance and
effectiveness in contemporary times.

The features of fundamental rights ensure that individuals are provided with essential
protections, liberties, and safeguards against arbitrary actions. These rights form the
foundation of a democratic and inclusive society, ensuring that citizens can enjoy their
freedoms and participate fully in the social, political, and economic life of the nation.

Fundamental Duties
Fundamental duties are a set of moral and ethical obligations that are enshrined in the
Indian Constitution. They serve as a reminder to citizens of their responsibilities towards the
nation, society, and fellow citizens. The concept of fundamental duties was added to the
Indian Constitution through the 42nd Amendment Act in 1976. Here is an introduction to
fundamental duties:

1. Constitutional Recognition: Fundamental duties are listed in Part IV-A (Article 51A)
of the Indian Constitution. They are not legally enforceable, meaning individuals
cannot be prosecuted for failing to fulfill their fundamental duties. However, they are
considered essential for promoting a sense of citizenship, patriotism, and social
responsibility.
2. Complementing Fundamental Rights: While fundamental rights focus on individual
entitlements and freedoms, fundamental duties emphasize the corresponding
responsibilities and obligations that citizens have towards society. They provide a
balance between individual rights and the collective good.
3. Moral and Ethical Obligations: Fundamental duties are rooted in moral and ethical
values. They reflect the principles of social harmony, national integration, and the
ideals of justice, liberty, equality, and fraternity. They encourage citizens to act
ethically and responsibly in their conduct and interactions with others.
4. Scope and Content: The original Constitution prescribed ten fundamental duties.
However, through subsequent amendments, the list has been expanded to eleven
 duties. These duties include respecting the national flag and the Constitution,
promoting harmony and the spirit of common brotherhood, safeguarding public
property, protecting the environment, and upholding the ideals of democracy.
5. Educational Significance: Fundamental duties have educational significance as they
promote values and civic consciousness among citizens, especially the youth.
Educational institutions play a vital role in creating awareness and fostering a sense of
responsibility towards society and the nation.
6. Social Cohesion and National Unity: Fundamental duties contribute to social cohesion
and national unity by emphasizing the importance of respecting the diversity of the
country, promoting harmony, and upholding the ideals of unity in diversity. They
foster a sense of shared responsibility and a common purpose.
7. Evolution and Awareness: Over time, there has been an increasing emphasis on
creating awareness about fundamental duties. Efforts have been made to educate
citizens about their responsibilities through educational campaigns, social initiatives,
and public discourse.

Fundamental duties serve as a guiding framework for citizens, reminding them of their role in
nation-building and societal development. They promote a sense of citizenship that goes
beyond individual rights and encourages active participation, social responsibility, and the
preservation of India's values, culture, and heritage. By fulfilling their fundamental duties,
citizens contribute to the overall well-being, progress, and harmony of the nation.

Important Fundamental Duties

The fundamental duties of citizens in India are listed in Article 51A of the Indian
Constitution. The original Constitution prescribed ten fundamental duties, and through
subsequent amendments, the list has been expanded to eleven duties. Here is the list of
fundamental duties:

1. To abide by the Constitution and respect its ideals and institutions.

2. To cherish and follow the noble ideals that inspired the national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when required.
5. To promote harmony and the spirit of common brotherhood among all people of
India, transcending religious, linguistic, regional, or sectional diversities.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment, including forests, lakes, rivers,
wildlife, and to have compassion for living creatures.
8. To develop scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and not to cause damage or destruction to it.
10. To strive towards excellence in all spheres of individual and collective activity.
11. To provide opportunities for education to children between the ages of six and
fourteen years.
These fundamental duties are aimed at promoting a sense of citizenship, social responsibility,
and ethical conduct among citizens. They remind individuals of their obligations towards the
nation, society, and fellow citizens, and emphasize the importance of upholding constitutional
values and principles. While these duties are not legally enforceable, they play a crucial role
in fostering a harmonious and inclusive society and promoting the overall well-being and
progress of the nation.

Conclusion
In conclusion, the Constitution of India stands as a remarkable document that
provides the foundation for the functioning of the world's largest democracy. It embodies the
aspirations and values of the Indian people and lays down the framework for governance,
rights, and duties. The Constitution's comprehensive nature addresses not only the structure
and functioning of the government but also guarantees fundamental rights to its citizens.
These fundamental rights, enshrined in Part III of the Constitution, ensure the protection of
individual liberties, equality, and justice. They provide citizens with essential freedoms such
as the freedom of speech, expression, religion, and the right to equality before the law. The
Constitution of India has played a pivotal role in safeguarding the rights and liberties of its
citizens, fostering social progress, and nurturing a democratic ethos.

Alongside fundamental rights, the Constitution also outlines the fundamental duties of
citizens. These fundamental duties serve as a reminder to citizens of their responsibilities
towards the nation, society, and fellow citizens. They promote a sense of civic consciousness,
social harmony, and national integrity. While not legally enforceable, these duties encourage
citizens to uphold the ideals and institutions of the Constitution, respect the diverse heritage
of India, protect the environment, and contribute to the well-being and progress of the nation.
The inclusion of fundamental duties in the Constitution reflects the importance of citizenship
beyond individual rights, emphasizing the collective responsibility of citizens in building a
just and inclusive society. By upholding both fundamental rights and duties, the Indian
Constitution seeks to create a harmonious and egalitarian society where the rights and dignity
of all citizens are protected and respected.