Chapter 1: Introduction

Indian Polity

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Introduction

Basic structure of the political system

Establishes the main organs of the state The Legislature, the Executive and the Judiciary

In a federal polity, the constitution delineates, delimits and distributes powers between the organs of state at Union level and those at the level of the states.

A living organism of functioning institutions

Constitution of India

Adopted by the Constituent Assembly on 26 November 1949.

Came into full operation from 26 January 1950.

Originally, adopted with 22 parts, 395 articles and 8 schedules.

Amended time to time.

Constitution of India

There have been as many as 94 amendmentsfrom 8 schedules have gone up to 12.

No. of Articles have increased from 395 to 448

A number of new articles and new Parts have been added.

Several articles or even full Parts have been repealed by constitutional amendments

Sources of the Constitution

ForeignIndigenous

Diverse & Many

Indigenous Sources

Evolved through various representative responsible governmental institutions.

Small doses of Constitutional reforms Sources can be tracked back to the

beginning of the East India Co. and the British Rule

Reference to Village Panchayats under the Directive Principles was inspired by Mahatma Gandhi

Indigenous Sources

Evolved through various representative responsible governmental institutions.

Small doses of Constitutional reforms Sources can be tracked back to the

beginning of the East India Co. and the British Rule

Reference to Village Panchayats under the Directive Principles was inspired by Mahatma Gandhi

Indigenous Sources

Demands for some of the Fundamental Rights was made as early as in 1918 at the Bombay session of the Indian National Congress

The commonwealth of India Bill in 1925 embodied a specific "declaration of rights" including Equality before law Freedom of speech Assembly and religions, etc.

Indigenous Sources

The Karachi Congress Resolution of 1931 contained special reference for fundamental rights and fundamental duties as well. Several social and economic rights mentioned in

1931 resolution found expression in Directive Principles

A parliamentary system, safeguards for minorities and a federal polity have had sources in the 1928 Nehru Committee Report.

Indigenous Sources

The Madras session of the Congress in 1927 reiterated the demand for fundamental rights.

10 of the 19 fundamental rights in the Nehru

Committee Report appeared Substantially unchanged in the constitution.

Indigenous Sources

75% of the Constitution is the reproduction of the Government of India Act,1935 Basic structure of the polity Provisions regulating Union-State relations Declaration of Emergency

Foreign Sources

Directive Principles from Irish Constitution

Parliamentary system with ministrial responsibility from the British

Provisions making the President, the Executive head of the State and Supreme

Commander of the armed forces were from the U.S. Model

Foreign Sources

Vice-President, the ex-officio Chairman of the Council of States from

The U.S. Bill of Rights inspired our Fundamental Rights

The Canadian Constitution influenced our Federal Structure and provisions relating to Union-State relations.

Foreign Sources

The Concurrent List in VII Schedule modelled on the Australian Constitution.

The German Reich influenced Emergency Provisions

Writs and Privileges have influence of the British Constitution

Constitutional History of India

Constitutional Government in Ancient India Concepts of democracy, representative

institutions, limitations on the arbitrary powers of the rulers, and the rule of law were not alien to India

Constitutional Landmarks in Modern India

Constitutional Landmarks in Modern India

The Charter Act 1669 For the first time, the company acquired the

authority to rule over a territory and its people

Regulating Act of 1773 British Parliament’s control over the company

started with this charter

Constitutional Landmarks in Modern India

Pitts India Act 1784 For political matters a board of control of 6

members was appointed

Charter Act of 1813 The Act deprived the company of the monopoly of

trade in India

Charter Act of 1833 The Act differentiated the law making meetings

of Governor General-in- Council from its executive meetings.

Constitutional Landmarks in Modern India

The Indian Council Act of 1909 This Act contained many of the reform proposals

of Minto-Morley Principle of communal representation was

introduced for the first time

The Government of India Act, 1919 Based on the Montagu-Chelmsford Report Indian Legislative Council was replaced by a

bicameral legislature Dyarchy was introduced in eight major provinces

Constitutional Landmarks in Modern India

The Act of 1858 The Act finally became "The Act for the Good

Government of India" of 1858

Indian Council Act of 1861 For the first time Indians were associated with

the work of legislation

The Indian Council Act of 1892 The entry of the elected members marked the

beginning of the new era in the life of the council.

Constitutional Landmarks in Modern India

Wavell Plan and Simla Conference The interim council was to be Indianized with the

inclusion of Indian political leaders The viceroy (Lord Wavell) convened a conference

of Indian leaders at Simla

Cabinet Mission Rejected the League demand for a separate

sovereign state of Pakistan Also rejected the congress scheme of a loose

federation

Constitutional Landmarks in Modern India

The Simon Commission 1927 Made a promise to set up a commission to inquire into

the working of the Act 1919

The Government of India Act 1935 Envisaged a federation of all-India Separated Burma from India and two new provinces of

Orissa and Sind were created

The Cripps Mission Proposed Dominion Status and the right of Indians to

frame a constitution Gandhiji condemned the proposal as a post-dated

cheque

Constitutional Landmarks in Modern India

Mountbatten Plan Prepared a plan for the partition

Indian Independence Act, 1947 Indicated the territorial divisions of India into

India and Pakistan Pakistan was to comprise East Bengal, West

Punjab, Sindh and the Sylhet district of Assam

Making of the Constitution

Formation of the Constituent Assembly The first definite reference to a Constituent

Assembly for India was made by Mahatma Gandhi in 1922.

Nehru Report was the first attempt by the Indians to frame a constitution for their country

Demand of a Constituent Assembly was for the first time conceded by the British Government in the August Offer of 1940

Framing of the Constitution

The Constituent Assembly duly opened (First Sitting) on the appointment day Monday, the 9th December 1946.

The historic Objectives Resolution was moved in the Constituent Assembly by Nehru, on 13 December 1946.

Framing of the Constitution

The Constituent Assembly on 29 August 1947 appointed the Drafting Committee with Dr. B. R. Ambedkar as the Chairman

The Constitution was finally signed by members of the Constituent Assembly on 24 January 1950

It took 2years 11months and 17days to frame the constitution

Criticism of the Draft Constitution: Not Being Original

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