1. Introduction to Indian Constitution
Lectures to I Year ML (Private Study) Students
by
K. Ramanraj, M.L.
Advocate, Madras High Court
Legal Adviser, University of Madras
on
8th
and 9th
April, 2013
at
Department of Legal Studies, University of Madras

2. Syllabus
● Historical Background
● Nature of Indian Constitution
● Salient Features of Indian Constitution
● Preamble
● Part III of the Constitution
● Part IV of the Constitution
● Fundamental Duties
● Judiciary
● Centre-State Relationship (Administrative & Finance)
● Emergency Provisions
● Amendments
● Trade and Commerce

3. Nature of Constitutional Law
The Constitutional Law of a State is the Law relating to the Constitution
of that State
● Law: Those rules of conduct which are enforced by the duly constituted Courts
of that State. It includes the complex inter relations between those laws as
well as the techniques – judicial precedent, statutory interpretation and so on -
by which the law is administered
● State: Independent political society occupying a defined territory, the
members of which are united together for the purpose of resisting external
force and the preservation of internal order
● Constitution: The system of laws, customs & conventions which define the
composition and powers of organs of the State and regulate the relations of
the various organs to one another and to the private citizen

4. Historical Background
● Roots of the present day institutions lie deeply buried in the
past
● Ancient Rules and Laws
● British Rule in India
● Government of India Act, 1935
● Act of Independence, 1947
● Framing of the Constitution of India

5. East India Company
● A few merchants of London formed the East India Company
and secured a Charter from Queen Elizabeth in December
1600 for trading expeditions
● Company managed by Governor and 24 members
● Given monopoly of trade with East
● Company established trading posts and settlements along
the coast of India
– Surat (1613); Masulipatnam (1616); Hariharpur (1633);
– Madras (1640); Bombay (1669); Calcutta (1686)

6. Revolution of 1688 and Resolution of 1694
● With Glorious Revolution of 1688, Parliament established its supremacy.
Parliament could pass any law and Courts recognized the supremacy.
● In 1694, the Parliament resolved that all subjects of England have equal rights to
trade to the East Indies unless prohibited by Act of Parliament
● New rivals establish and operate but suffer losses
● In 1708, rival companies were amalgamated under new title “The United Company
of Merchants of England Trading to the East Indies” restoring trade monopoly
● By 1770, the Company was on the verge of bankruptcy
● Lord North approached for a loan, who moved for the appointment by Parliament
a committee to inquire into the affairs of the Company
● Regulating Act, 1773 passed by Parliament
● Court of Proprietors and Court of Directors in England managing the Company
brought under Parliamentary control

7. Pitt's India Act, 1784
● The Act provided for a Board of Control of six Privy
Councillors given powers of supervision and control over
Indian administration. All despatches by Directors to be
submitted to the Board.
● Governor-General-in-Council was given the power and
authority to superintend, control and direct the several
Presidencies.

8. (Permanent Settlement) Code of Cornwallis
● Charles Earl Cornwallis served as
Governor-General of India from 1786 to
1793.
● Laid the foundation for British rule
throughout India and set standards for
the services, courts, and revenue
collection that remained remarkably
unaltered almost to the end of the British
era

9. Madras Permanent Settlement Regulation, 1802
● The ancient practice was for the zamindars and other landholders to collect the
revenue from the ryots and pay a percentage to the Ruler from out of the collection.
Whenever the Govt raised their demands, the burden was passed on to the ryots
● It was usual for the Government to deprive zamindars and to appoint persons on its
own behalf to the management of zamindaris, reserving to the implied right and the
actual exercise of the proprietary possession of all lands whatever.
● Permanent Settlement offered the choice of sending an unalterable amount as
revenue/peshkush with right to inherit and alienate the estate
● Proprietary right of the soil became vested in the zamindars and sanad or permanent
property was granted to them
● Estates abolished by Estates Abolition Act XXVI of 1948

10. Objects of the Regulation ...
● A Regulation for declaring the proprietary right of land to be vested in individual
persons, and for defining the rights of such persons, under a permanent
assessment of the land-revenue in the territories subject to the Presidency of
Fort St. George
● Existing mode of administration must be injurious to the permanent prosperity
of the country by obstructing the progress of agriculture, population and
wealth, and destructive of the comfort of individual persons by diminishing the
security of personal freedom and of private property;
● Wherefore, the Govt., impressed with a deep sense of the injuries arising to
the state and to its subjects grant to Zamindars/landholders, their heirs and
successors, a permanent property in their land in all time to come, and to fix
forever a moderate assessment of public revenue on such lands, the amount
of which shall never be liable to be increased under any circumstances.

11. Salient provisions ...
● 2. Assessment on all lands liable to revenue. Proprietary
right vested in zamindars
● 3. Sanads to be granted to zamindars and kabuliyat to be
executed by landholder which shall contain the conditions
and articles of tenure. Disputed assessments shall be judged
by Courts of Judicature in accordance with the agreements.
● 5. Police expenses to be borne by Government. Lands
appropriated to this purpose to be resumed.
● 6. Amounts of assessment to be regularly paid.
Landholder's property answerable for consequences of
failure. 7. Personal property to be attached first.

12. Salient provisions ...
● 8. Proprietors of land may transfer by sale, gift or otherwise,
proprietary right in whole or part of their zamindaris without
previous consent of Government. Such transfer shall be
registered at the office of the Collector.
● 14. Zamindars to engage with ryots, to grant pattas and to
give receipts for rents. They can be sued in the Adalat for
defaults.
● 15. Zamindars to assist the Officers of the Government in
keeping the peace by apprehending and securing offenders
of all descriptions, and shall inquire and give notice to
Magistrates of robbers/disturbers who may seek refuge in
their zamindaris.

13. Madras Board of Revenue Regulation, 1803
● A Regulation defining the duties of the Board of Revenue,
and for determining its extent of powers vested
● Judicial authority exercised by Board of Revenue abrogated
where Courts have been established
● 4. The duty of the Board of Revenue is general
superintendence of the revenue and to improve it
● 5. The Board of Revenue to have authority to superintend
and control all persons employed in executive administration
of public revenue, all zamindars, ryots
● 6. The Board of Revenue shall assemble two days at the
least, in every week for the despatch of business

14. Madras Board of Revenue Regulation, 1803
● 9. The Board of Revenue shall annually or as often as they may
be required lay before the Government a general report of their
proceedings.
● 12. The Board of Revenue shall be careful to preserve their
records complete and shall transmit to the Government the
whole set of their proceedings
● 13. Records not to be copied or removed from office.
● 18. Majority to decide. 20. President has casting vote
● 21. Dissents from majority when recorded
● 42. Board not to make or confirm grants of land without
authority of the Government

15. Madras Collectors Regulation, 1803
● Regulation for describing and determining the conduct to be
observed by Collectors in certain cases
● Object: Whereas under the system of internal Government
established for the administration of the public revenue, and
for the security of persons and property, individuals should
have the means of ascertaining and knowing the Regulations
passed for their benefits; and whereas the said system
requires that the power and authority vested in the immediate
Collectors of revenue should be curtailed, wherefore the
following Regulation has been passed for the purpose of
defining authority committed to Collectors, and for describing
the modes of procedure required in the discharge of their duty.

16. Madras Collectors Regulation, 1803
● 2. Collection of revenues entrusted to Collectors
● 5. Collectors to be under Board of Revenue
● 7. All acts of Collectors to be public.– All acts and
proceedings of Collectors shall be held and done publicly;
that is to say, in open kacharis accessible to all persons.
● 8. Principles on which revenues are to be administered.–
Collectors shall administer the public revenues to the
advantage of the State, the happiness of the people, and the
prosperity of the country; and shall suggest such propositions
to the Board of Revenue as, in their judgment, may be
calculated to augment and improve those revenues.

17. Madras Collectors Regulation, 1803 ...
● Collectors to have control over all persons employed under
them and over persons paying revenue or otherwise
concerned in revenue
● Collectors to transmit diaries to Board in English for each
month on the fifteenth day of the succeeding month
● Collectors shall keep public money in a strong chest secured
with two locks – the key of one lock shall be kept by the
Collector and the other shall remain with the public shroff
● Jamabandi and kistbandi statement of land-revenue,
permanently assessed, shall be sent to the Board of
Revenue within one month after the expiration of each Fasli

18. Madras Collectors Regulation, 1803 ...
● 14. Collections of revenue.– In the event of arrears,
Collectors shall proceed to recover such arrears in the
prescribed mode by attachment or in pursuance of a decree
of a Court
● Sub-division after attachment to preserve all lands watered
by one tank or water-course in the same sub-division
● Collectors shall keep registers of all sub-divisions of estates
and all transfers of landed property
● 31. Levy of assessment for payment of police
● 33. Receipts to be issued for payments of revenue
● 36. Public servants not to be employed in private business

19. Madras Collectors Regulation, 1803
● 59. Collectors to make no advances without authority of Government
● 60. Collectors and Assistants not to permit servants to be concerned in
any rent or farm of revenue
● 63. Not to occupy grounds or to erect buildings without sanction
● 64. Not to publish anything which may affect inter-course with foreign
states
● 67. In the absence of Collectors, the senior Assistant on the spot shall
take charge of the public business
● 68 & 69. Collectors removed or resigning to deliver public documents to
their successors and Collectors receiving charge to count balance of cash
and grant receipt in duplicate

20. Abolition of Zamindari system, Board of Revenue
● The Estates (Abolition and Conversion Into Ryotwari) Act,
1948 repealed the permanent Settlement and ryotwari
settlement was introduced
● The Tamil Nadu Board of Revenue Abolition Act, 1980,
abolished the Board of Revenue, and the jurisdiction and
powers vested in the duties performed by the Board stood
vested in the Government/Commissioner/Additional
Secretary to Government/District Collector

21. Queen Victoria's Proclamation of 1858
● End the East India Company's rule
● Appointed Viscount Canning to be First Viceroy and Governor-General to
administer the government in the name of the British Crown
● “We hereby announce to the native Princes of India that all treaties and
engagements made with them by or under the authority of the East India
Company are by us accepted and will be scrupulously maintained, and we
look for the like observance on their part.”
● “.. our subjects of whatever race or creed, be freely and impartially admitted
to office in our service, the duties of which they may be qualified by their
education, ability and integrity, duly to discharge”
● “We know and respect the feelings of attachment with which the natives of
India regard the land inherited by them from their ancestors and we desire to
protect them in all rights connected therewith, subject to the equitable
demands of the State; and … due regard be paid to the ancient rights and
customs of India”

22. Process of Decentralisation
● The Indian Councils Act, 1861
● The Indian Councils Act, 1892
● Government of India Act, 1919
● Government of India Act, 1935
● Indian Independence Act, 1947

23. The Constituent Assemby
● The Cabinet Mission recommended that
the recently provincial Legislative
Assemblies be utilised as electing bodies
● The strength of the Constituent Assembly
was to be 389 with 93 representatives from
Indian States
● Elections were completed in July 1946
● The Constituent Assembly opened on
Monday, the 9th
day of December, 1946,
eleven in the morning.
●
On 29th
August 1947, Dr. B.R. Ambedkar
was appointed as Chairman of the Drafting
Committee

24. Framing the Constitution
● Objectives Resolution was moved by Nehru in the Constituent
Assembly on 13th
December 1946
● The Resolution envisaged a federal polity with residuary powers
vesting in the autonomous units and sovereignty belonging to the
people
●
It was finally adopted by the Assembly on 22nd
January, 1947, and
later took the form of the Preamble to the Constitution
● Assembly appointed a number of committees to deal with various
aspects of the Constitution:
– Union Constitution Committee – Union Powers Committee – Committees
on Fundamental Rights – Minorities, SC & ST
● Reports and recommendations by the Committees were considered
by the Drafting Committee

25. Drafting the Constitution
● The first draft of the Constitution of India was prepared in October, 1947 by the Advisory Branch
of the Constituent Assembly, under Sir B.N. Rau
● 'Constitutional Precedents' from the constitutions of 60 countries was given to Members
● The Draft Constitution of India prepared by the Drafting Committee was submitted to the
President of the assembly on 21st
February, 1948
●
Clause by clause consideration was completed during 15th
November 1948 to 17th
October 1949
●
Second reading of the Constitution was completed on 16th
November 1949
● The Assembly took up Third reading with the motion by Dr. Ambedkar “that the Constitution as
settled by the assembly be passed”. The motion was adopted on 26th
November, 1949
●
The Constitution came into effect on 26th
January 1950. The date 26 January was chosen to
commemorate the Purna Swaraj Declaration of Independence of 1930

26. Other Acts of the Constituent Assembly
On 24th January, 1950, the Constituent Assembly of India adopted the first stanza of the morning song of Tagore settled as India's
National Anthem, along with "Vande Mataram":
Tuesday, the 24th January 1950
The Constituent Assembly met in the Constitution Hall, New Delhi, at Eleven of the Clock, Mr. President (The Honourable
Dr. Rajendra Prasad), in the Chair...
STATEMENT RE: NATIONAL ANTHEM
Mr. President: There is one matter which has been pending for discussion, namely the question of the National Anthem. At
one time it was thought that the matter might be brought up before the House and a decision taken by the House by way of
a resolution. But it has been felt that, instead of taking a formal decision by means of a resolution, it is better if I
make a statement with regard to the National Anthem. Accordingly I make this statement.
The composition consisting of the words and music known as Jana Gana Mana is the National Anthem of India, subject to
such alterations in the words as the Government may authorise as occasion arises; and the song Vande Mataram, which
has played a historic part in the struggle for Indian freedom, shall be honoured equally with Jana Gana Mana and shall have
equal status with it. (Applause). I hope this will satisfy the Members
Constituent Assembly Debates at http://164.100.24.208/ls/condeb/vol12p1.htm
The Constituent Assembly also adopted the national flag, ratified the decision with regard to membership of the Commonwealth
and election of the first President of the Republic

27. The Constitution of India

28. Preamble
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, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity
and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.

29. Preamble
● In Re Berubari Union & Exchange of Enclaves
● Kesavananda Bharti v. State of Kerala
● Excel Wear v. Union of India
● D.S. Nakara v. Union of India
● St. Xavier College v. State of Gujarat

30. Part I: The Union and its Territory

31. Articles 1-4
● In Re Berubari Union & Exchange of Enclaves
● Ram Kishore v. Union
● Maganbhai v. Union
● S.R. Bhansali v. Union
● Manoharlal v. Union
● Babulal Parte v. Bombay

32. Part II: Citizenship

33. Articles 5 - 11
● Pradeep Jain v. Union
● Mohammed Raza v. State of Bombay
● State of Bihar v. Kumar Amar Singh
● Kulathi v. State of Kerala
● State Trading Corporation of India v. Commercial Tax Officer
● Bank Nationalisation Case

34. Part III: Fundamental Rights

35. Articles 12 - 35
● Naresh v. State of Maharashtra
● Champakam Dorairajan v. Madras
● K.R. Shanthi v. TRB
● CSX v. SEBI
● M.C. Mehta v. Union
● Olga Tellis v. Bombay Municipal Corporation
● Kharak Singh v. UP
● Vishaka v. Rajasthan

36. Part IV: Directive Principles of State Policy

37. Articles 36 - 51
● A. First Period
– Madras v. Champakam Dorairajan
– Mohd. Hanif Quareshi v. Bihar
– In re Kerala Education Bill
● B. Second Period
– Chandra Bhavan v. Mysore
● C. Third Period
– Minerva Mills Case (and after)
– Waman Rao v. Union
– Sanjeev Coke Mfg. Co. v. Bharat Coking Coal Ltd.

38. Part IV Cases ...
● Balwant Raj v. Union
● F.N. Balsara v. Bombay
● Gurdial Singh v. Punjab
● Eveready Flashlight Co. v. Labour Court
● DBM Patnaik v. AP
● Nashiswar v. MP

39. Part V: The Union

40. Part VI: The States in Part A of the I Schedule

41. Part VII: The States in Part B of the I Schedule

42. Part VIII: The States in Part C of the I Schedule

43. Part IX: The Territories in Part D of the I Schedule

44. Part X: The Scheduled and Tribal Areas

46. Part XI: Relations between the Union and the States

47. Articles 245 - 293
● Plenary Power of Legislatures
– West Bengal v. Union
● Doctrine of Pith and Substance
– State of Rajasthan v. G. Chawla
– State of Bombay v. F.N. Balsara
– D.N. Banerjee v. P.R. Mukerjee
– Prafulla Kumar Mukerjee v. Bank of Commerce Ltd. Khulna
– A.S. Krishna v. State of Madras
– S. Kodar v. State of Kerala
– State of Karnataka v. Ranganatha Reddy

48. Relations between the Union and the States ...
● Doctrine of Repugnancy
– M. Karunanidhi v. Union
● Doctrine of Colourable Legislation
– Kameshwar Singh v. State of Bihar
– K.C. Gajapati Narayan Deo v. State of Orissa
– R.S. Joshi v. Ajit Mills Ltd
– Gullapalli Nageswara Rao v. A.P.S.R.T.C
● Power of Parliament to legislate on State Subjects

49. Administrative Relations
● Administrative Relations
– Anwar v. State of J & K
– Jayantilal Amritlal v. F.N. Rana
● Financial Relations
– Moopil Nair Case
– Jagannath Ramamj Das v. State of Orissa
– Commr, HRCE v. Lakshmindra
– Corporation of Calcutta v. Liberty Cinema
● Distribution of Revenues between the Union and the States
– Quilon Municipality v. Harrisons & Crossfield Ltd
– B.M. Lakhani v. Municipal Committee, Malkapur

50. Part XII: Finance, Property, Contracts and Suits

51. Part XIII: Trade, Commerce & Intercourse within India

52. Articles 301 - 307
● Automobile Transport Limited v. State of Rajasthan
● Nazeria Motor Service v. State of AP
● Madras v. Nataraja Mudaliar
● Mysore v. H. Sanjeeviah
● G.K. Krishnan v. State of Tamil Nadu
● Atiabari Tea Co. Ltd. v. State of Assam
● State of Madras v. Bhailal Bhai
● Kalyani Stores v. State of Orissa

53. Part XIV: Services under the Union and the States

54. Part XV: Elections

55. Part XVI: Special Provisions relating to Certain Classes

56. Part XVII: Official Language

57. Part XVIII: Emergency Provisions

58. Article 352 - 360
● Gulam Sarwar v. Union
● Bennet Coleman & Co. v. Union
● M.M. Pathak v. Union
● Makhan Singh v. Punjab
● A.D.M. Jabalpur v. S. Shukla
● Ram Manohar Lohia v. Bihar
● Mohd. Yaqub v. J & K
● S.R. Bommai v. Union

59. Part XIX: Miscellaneous

60. Part XX: Amendment of the Constitution

61. Article 368
● Sankari Prasad v. Union of India
● Sajjan Singh v. State of Rajasthan
● I.C. Golaknath v. State of Punjab
● Kesavananda Bharati v. State of Kerala
● Minerva Mills Ltd. v. Union of India
● Waman Rao v. Union of India
● A.K. Roy v. Union of India

62. Part XXI: Temporary and Transitional Provisions

64. Nature of the Constitution
● It establishes the framework or structure of government
● It delegates or assigns the powers to the government
● It restrains the exercise of these powers by governmental
officials in order that certain individual rights can be preserved
● The Constitution both grants and limits powers
● Fundamental Principles around which it is built:
– Popular Sovereignty & Limited Government
– Separation of Powers, Checks and Balances
– Fedaralism
– Rule of Law

65. Functions of Government
● Montesquieu in L'Espirit des Lois (1748) following attempts
by Aristotle & Locke, divided the powers of the Government
into:
– Legislative Power / Function
– Executive Power / Function
– Judicial Power / Function

66. Is the Constitution of India Federal?
● Yes

67. References
● The Constitutional Law of India, Dr. J.N. Pandey
● Indian Constitutional Law, M.P. Jain
● Our Constitution, Subhash C. Kashyap
● Constitutional Law of India, H.M. Seervai
● Outlines of Indian Legal History, M.P. Jain
● Constitutional History of India, M.V. Pylee
● Constitutional Development and the National Movement in India, V.D. Mahajan
● A Manual of the Tamil Nadu Regulations, Estates and Inams Abolition and Ryotwari
Settlement Acts, S. Rajaraman
● H.M. Seervai by Justice Michael Kirby
● The Indian Constitution, Granville Austin
● Illustrations by Nanda Lal Bose from the photolithographed edition of COI
● Www.wikipedia.org www.google.com http://www.liiofindia.org
http://www.indiankanoon.org