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1. INDIAN
CONSTITUTION

2. 1.What Is Constitution?
Almost everything we do is governed by some set of rules. There are rules for
games (like- soccer),or for social clubs. There are also rules imposed by
morality and custom that play an important role in telling us what we should and
should not do.
Some rules that are made by the legislatures for there own country, are called
“Law”.
We need Laws in Society so our society can regulate and work properly. They
are designed to protect us and our property and to ensure that everyone in
society behaves the way that the community expects them too.

3. 2.Why Do We Need Constitution?
To perform following Functions we need Constitution-
I.The first function of a constitution is to provide a set of basic rules that allow
for minimal coordination amongst members of a society.
II.The second function of a constitution is to specify who has the power to
make decisions in a society. It decides how the government will be
constituted.
III. The third function of a constitution is to set some limits on what a
government can impose on its citizens. These limits are fundamental in
the sense that government may ever trespass them.
IV. The fourth function of a constitution is to enable the government to fulfill
the separations of a society and create conditions for a just society.

4. 3.The History of Constitution of India.
In the light of these ‘Objectives’ the Assembly completed its task by November
26, 1949. The constitution was enforced with effect from January 26, 1950.
From that day India became Republic of India.

5. 4.The Framing of Constitution of India.
The Constituent Assembly of India was elected to write the Constitution of
India. Following India's independence from Great Britain, its members
served as the nation's first Parliament.
This body was formed in 1946 for the purpose of making independent India's
constitution. The assembly passed a resolution in 1947 January defining the
objectives of the constitution:-
• To set up a Union of India comprising British India and the princely states.
• To set up a federal form of government with separate state and central governments.
• To set up a democracy in which all power is derived from the people:
• where all people are guaranteed justice, equality and freedom;
• where minorities, depressed classes and the tribal's rights are protected;
• To protect the integrity of India and her sovereign rights over land, sea and air.
• To help India attain its rightful place in the world - and work for peace and welfare of all mankind.
5

6. 27
Dr. Sachchidananda Sinha was the first president (temporary) of the
Constituent Assembly when it met on December 9, 1946. Later, Dr. Rajendra
Prasad became the President of the Constituent Assembly and Dr. Bhimrao
Ambedkar became the Chairman of its drafting committee on December
11,1946 .
First president (temporary) Dr. Sachchidananda Sinha (Left) on December 9, 1946. Dr. Rajendra Prasad (Middle) the President
of the Constituent Assembly and Dr. Bhimrao Ambedkar (Right) the Chairman of its drafting committee as on December 11,1946
.

7. 5.The Preamble to Constitution of India.
The first words of the Preamble - "We, the people" - signifies that power is
ultimately vested in the hands of the People of India. So far the Preamble
has been amended only once in 1976 by 42nd amendment (change) which
inserted the words Socialism, Secularism and Integrity. A brief description
of these concepts are as follows (in the order they come in Preamble)-
• Sovereign- It means free to follow internal and external Policies.
• Secular- It means no particular Religion is preferred.
• Socialist- It means no concentration of Power and Money.
• Democratic- It means rule by elected representative of the People of India.
• Republic- It means no room for hereditary ruler or monarch.

8. 5.Main Characteristics of Constitution of India.
The Constitution of India has some distinct and unique features as compared
to other constitutions to the world. Main Characteristics of Constitution of
India are:-
• Longest written constitution.
• Partly Rigid and Partly Flexible
• A Democratic Republic
• Parliamentary System of Government
• A Federation
• Fundamental Rights
• Directive Principles of State Policy
• Fundamental Duties
• Secular State
• An Independent Judiciary
11. Single
Citizenship

9. Federal
system

10. MeaningMeaning
 In afederal system, power isshared by a
powerful central government and thestateor
local governments.
 Statesor provincesaregiven considerableself-
rule, usually through their own legislatures.
 In afederal form of government, power is
divided between acentral government & small
divisions, such asstates.
 Constitution may describetherights,
responsibilities, and dutiesof thecentral
government & thestates.
 Central government can bepowerful, but does
not havetheability to dissolvestatesor choose
stateleaders.

11. Necessary conditions
 Need for defense and security-The need for a
common defense.
System against external aggression may necessitate the
adoption of a federal system of government
Preservation of local autonomy-The federal system is
adopted to provide considerable amount of
decentralization in the administration. It brings the
government closer to the door steps of the people.
Differences in level of economic development-Sharp
differences in the level of economic development between
different units of a country may lead to the adoption of a
federation.
The need to check dictatorship-Different groups within
a country may adopt federalism as a means of preventing
the over- concentration of power at the centre.

12. EssentialEssential features:-features:-
The following are the essentials of
a federal government:-
•A precise distribution of powers between the
centre and the states (units)
•The supremacy of the Constitution
•The supremacy of Judiciary

13. (1) Distribution of powers between the
Centre and the States:
There is a distribution of powers between
the centre and the state governments,
because a distribution of powers
between the centre and constituent units
is indispensable for its existence.
Secondly, for administrative efficiency,
the central government grants autonomy
to provincial governments. Thus, the
division of powers between the centre
and the units is indispensable.

14. (2) Supremacy of the Constitution:
The second essential feature of a
federation is a written and rigid
Constitution. In order to make a clear
division of powers between the centre and
the units, a written constitution is
indispensable.
The constitution should be rigid so that the
centre as well as the units may not amend
it arbitrarily. This procedure is very
complicated.
The reason is that the constitution is
considered a sacred document and both
the centre and the states (units) agree that
there should be very few amendments so
that the stability of the constitution is
maintained.

15. (3) Supremacy of Judiciary:
Though there is a clear mention of the powers
of centre and the units in the Constitution, yet
any dispute relating to the jurisdiction can arise
in future. In the event of such disputes both the
central and the state governments will interpret
the constitution in their own way.
Freedom of judiciary is essential so that the
centre or the states may not have the decisions
in their favour by exerting any sort of pressure
on it. Thus the stability of the federation
depends upon the establishment of a free
judiciary.

16. FederalFederal country:-country:-
Many countriesusethisform of
distributing government power.
Western hemisphere: Brazil, Canada,
Mexico, US, Venezuela, etc.
India, Pakistan, Malaysia
A federal system doesnot mean that there
ismoreor lesspersonal freedom for the
people. It explainshow power isdistributed.

17. Federalism in India
Constitution defines the power distribution
between the federal government (the
Centre) and
the States in India.This part is divided
between legislative, administrative and
executive powers. The legislative section is
divided into three lists: Union list, States list
and Concurrent list. Unlike the federal
governments of the United States,
Switzerland or Australia, residual powers
remain with the Centre, as with the
Canadian federal government

18. The Union and states have independent executive staffs fully
controlled by their respective governments and
executive power of the states and the Centre are
extended on issues they are empowered to legislate. As
in legislative matters, in administrative matters also, the
Central government has been made more powerful than
the States. The Constitution has made it clear that the
State governments cannot go against the Central
government in administrative matters.
If the State fails to work properly or according to the
Constitution, it can impose President’s rule there under
Article 356 and take over its administration. Again, there
are some officials of the Central government, working in
the States, through which it can have control over the
State governments
Administrative Powers

19. UnionUnion controlcontrol overover States:-States:-
According to the Article 356 of the Constitution,
states must exercise their executive power in
compliance with the laws made by the Central
government. Article 357 calls upon every state
not to impede on the executive power of the
Union within the states. Articles 352 to 360
contain provisions which empower the Centre to
take over the executive of the states on issues of
national security or on the breakdown of
constitutional machinery.
Governors are appointed by the Central
government to oversee states. The president can
dissolve the state assembly under the
recommendation of the council of ministers by
invoking Article 356 if and when states fail to
comply with directives given by the Centre.