This document provides an overview of the basic features of the Constitution of India. It begins by defining what a constitution is and explaining why constitutions are needed. It then discusses the history of India's constitution, including the Government of India Act of 1935 and the Indian Independence Act of 1947. The key events in the framing of India's constitution between 1946 and 1950 are summarized. Finally, the document outlines some of the salient features of the Indian constitution, including that it is the longest in the world, its preamble, fundamental rights, and definition as a sovereign, socialist, secular, democratic republic.

1. Chapter 4
Basic Features of the
Constitution of India
By: Ms. Teena
Tuli

2. 2
CONTENTS
1.What Is Constitution Anyway?
2. Defination
3.The History of Constitution of India.
Government of India Act 1935
4.The Indian Independence Act 1947.
5. Salient Features of the Indian Constitution.
6.Conclusion
The First Book of Constitution of India is
Located at Parliament Library Building,
New Delhi, India.

3. 3
1.What Is Constitution Anyway?
Almost everything we do is governed by some set of rules. There are rules for
games (like- soccer), for social clubs and for adults in the workplace. There are
also rules imposed by morality and custom that play an important role in telling
us what we should and should not do.
For example- In the game of soccer, a referee has "full authority to enforce the Rules
or Law of the Game on the Players”, when a player do something against the Rules
referee takes action like send-off a player, as shown in images below.
should Should not Red-card

4. 4
1.What Is Constitution Anyway?
Constitution
...
…
Government The People
• Constitution is derived from the Latin term "constitutio" which means 'to establish'.
• The Oxford Latin Mini Dictionary describes Constitution as a 'body of fundamental
principles or established precedents according to which a State or other
organization is acknowledged to be governed.'
• The Constitution of a state lays down the duties, powers and functions of the
various organs of government. It establishes relationship among the organs, and
the State and its citizens. Hence, a Constitution is an agreed upon document, which
'establishes' the basis on which consenting people shall govern themselves.
• A constitution is concerned with 2 main aspects:-
a) The relation between the different levels of government and
b) Between the government and the citizens.

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2. Definition
• Aristotle defined Constitution 'as the way of life which the state has chosen
for itself'.
• Distinct Features of Constitution of a State:
1. It is a body of rules.
2. It may be in a written or unwritten form.
3. It determines the powers and responsibilities of state and organs of
government.
4. It may be written in a single document or in several documents.
5. It determines the rights and duties of the citizens of a State.
6. It is the fundamental law of a State.
• The features of Constitution may vary from state to state.
• Government of a state operates in accordance with the principles laid down
in its Constitution also maintains law and order.
• Absence of Constitution leads to 'reign of anarchy'. (Absence of
Government)

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2.Why Do We Need Constitution?
In General-
I. We need a constitution to govern a country properly.
II. The constitution defines the nature of political system of a country.
III. sometimes we feel strongly about an issue that might go against our larger
interests and the constitution helps us guard against this.
IV. All the 3 organs of government (executive, legislature and judiciary)
functions within the constitution. All the 3 organs of government, including
ordinary citizens, derive their power and authority (i.e. Fundamental Right)
from the constitution. If they act against it, it is unconstitutional and
unlawful.
So constitution is required to have authoritative allocation of power and
function, and also to restrict them within its limit.

7. 7

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3.The History of Constitution of India.
Before independence, India was the part of British colonial empire. Sovereignty
of British Crown prevailed over India. Parliament of Britain enacted several
legislations for the governance of India.
I. The Act for the Better Government of India (1858)- This put India directly under the control
of the British government. It set up the office of the Secretary of State, member of the British
parliament, who would be in charge of Indian government. In India, the Governor-General,
working under the Secretary of State, led the administration.
Flag of British India (Known as star of India) Left Hunting of Indian Tigers, Right Famines and epidemics in the British Raj

9. 9
3.The History of Constitution of India.
II. Indian Councils Act (1861)- A separate legislative council was set up to assist the Governor-
General in making laws. Indians could be appointed to the council, but only on the discretion
of the Governor-General.
III. Indian Councils Act (1892)- As a result of Indian demands, the sizes of the executive and
legislative councils were increased. More Indians were appointed to these Councils, and the
principle of election was introduced.
IV. Indian Councils Act (1909)- This act increased the sizes of the councils again, and also gave
the legislative council the power to discuss certain matters and to ask questions. More people
were elected to the councils.
V. Government of India Act (1919)- This introduced 'diarchy' (partial responsible government) at
the provincial level. Elected Indians were given charge of some areas of government (e.g.,
industry, education) at the provincial level.

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3.The History of Constitution of India.
VI. Government of India Act (1935)- This introduced 'provincial autonomy': responsible
government at the provinces with elected Indians in charge of the administration, and
responsible to the elected legislatures. A federal government was proposed, though it did
not come into effect. At the center, 'diarchy' was introduced.
*321 Sections and 10 Sechedules
In the words of Durga Das Basu as stated in his book Introduction to the Constitution of
India, 'Indian Constitution draws much of its source from Government of India Act, 1935.
The Government of India Act, 1935 has provided the administrative details and language to
the provisions of the Constitution’
https://youtu.be/J9B6LJyr78E

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Government of India Act (1935)
Basic Features of Government of India Act 1935
1. Creation of All India Federation ( Provincial Autonomy)
 Provincial Autonomy: Autonomy to provinces was given effect by dividing legislative and
executive powers between the Provinces and the Centre.
 The Provinces were under the executive authority of Governor appointed by the Crown.
Governor exercised the powers on the advice of Ministers, who were in turn responsible to
Provincial legislature.
 Governor was given discretion to carry out certain functions, without being bound by
Ministerial advice, subject to the control of the Governor- General.
2. Division of Power
 Federal List: 59 subjects, under the authority of Central Legislature, currency, armed forces
etc.
 Provincial List: 54 subjects, under the authority of Provincial Legislature, education, public
health etc.
 Concurrent List: 36 subjects, under the authority of both Central and Provincial Legislature,
marriage, criminal law, civil law etc.
 Residuary Powers: Viceroy
3. Dyarchy Abolished only at provincial level. (double rule)

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Government of India Act (1935)
4. Bicameralism at Provincial Level:
 The Central legislature was bicameral consisting of Federal Assembly and Council of State.
Some of the Provincial legislatures had bi-cameral legislature and other Provinces had uni-
cameral legislature.
5. Establishment of Reserve Bank of India, Federal Courts, PSU’s
LIMITATIONS OF LEGISLATIVE POWERS:
1. Governor-General's and Crown's power to veto a bill passed by the legislature.
2. Governor-General's power to issue ordinance and permanent acts, when the legislative
house was not in session.
3. Governor-General's power to suspend legislature, if the proceedings would affect the
discharge of his special responsibilities.
4. No bill to amend or repeal the law of British Parliament as applicable in India, can be
introduced in legislature without the previous sanction of Governor-General.
Effect : Thus, the Central legislature and similarly the Provincial legislatures were to act under the
instructions of Governor-General, Secretary of State and ultimately the sovereign powers of
the British Crown. Indians were given very limited rights of self-governance. Growing
dissatisfaction, widespread protest, eventually the Colonial government approved that the
Constitution of India would be framed by an elected Constituent Assembly consisting of
Indian people. On December9, 1946 the Constituent Assembly, met for the first time.

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4.The Indian Independence Act 1947
 The Indian Independence Act, 1947' enacted by the British Parliament got
Royal Assent and came into force on July 18, 1947.
 The Act provided that from 15 August 1947- 'appointment date' under
Government of India Act, 1935,establishment of two independent
Dominions, India and Pakistan.
 The Constituent Assembly of each Dominion to have unlimited power and
frame, adopt any Constitution.
 It had all authority to repeal any act of British Parliament including
Indian Independence Act.
 The Drafting Committee Chairmanship of Dr. Bhim Rao Ambedkar, the Law
Minister from 15 August 1947 to 26 January 1950.
 After many discussions and deliberations to improve the existing system of
administration, geographical compulsions, social and cultural diversities
and historical precedents, a proposal on Draft Constitution of India was
prepared.
 The draft received assent from the President of the Assembly Dr. Rajendra
Prasad and was declared passed on 26 November 1949.

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4.The Indian Independence Act 1947
 The Constituent Assembly held 11 sessions and took a period of 2
years, 11 months and 18 days before it signed two copies of the document
one in Hindi by the name of "Bhartiya Sanvidhan" and another in English
"The Constitution of India".
 The original Constitution: hand-written with beautiful calligraphy by Prem
Behari Narain Raizada. Artists from Shantiniketan including Beohar
Rammanohar Sinha and Nandalal Bose adorned each page.
 The Constitution of India was adopted on 26 November 1949. Some of
the provisions were given immediate effect. The bulk of the Constitution
only became effective on 26 January1950. This date is referred to as the
date of commencement under Article 394 of the Constitution.
 After many deliberations and some modifications over 111 plenary sessions
in 114 days, the 308 members of the Assembly signed two copies (Final) of
the document (one each in Hindi and English) on 24 January 1950
 Same day the Assembly unanimously elected Dr, Rajendra Prasad as the
President of India. which came into effect on Jan 26, 1950, known and
celebrated as the Republic Day of India.

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Why the Constitution of India came into force on26th
Jan.
When the Constitution of India came into force on 26 January 1950, it
repealed the Indian Independence Act. India ceased to be a dominion of
the British Crown and became a sovereign democratic republic. The date
of 26 January was chosen to commemorate the Purna Swaraj declaration
of independence of 1930.

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4.The Framing of Constitution of India.
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 .

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4.The Framing of Constitution of India.
First day (December 9, 1946) of the Constituent Assembly. From right: B. G. Kher and Sardar Vallabhai Patel;
K. M. Munshi is seated behind Patel.
The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected
members of the Provincial Legislative Assemblies while 93 members were nominated by the
Princely States. To these were to be added a representative each from the four Chief
Commissioners Provinces of Delhi, Ajmer- Marwar, Coorg and British Baluchistan.

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4.The Framing of Constitution of India.
The Republic Day Celebrations on 26th January 2020
New Delhi, India

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5. Salient Features of the Indian Constitution
A) A MODERN CONTITUTION:
 Best constitution to suit the needs of a country, taken up ideas from different
Constitutions.
 Article 1(1) declares that India, that is Bharat, shall be a Union of States.
 All 552 Indian States within the geographical boundaries of the Dominion of
India acceded to the Dominion of India by 15August, 1947, unifying India
into a compact State.
 Dr. B.R. Ambedkar explained that the use of the word 'Union' instead of
'Federation' can be as summarized below:
1. Indian Federation is not the result of an agreement between the units.
2. The component units have no freedom to separate from the Union so
created.
3. The term Bharat was adopted by the Constituent Assembly because the
country was so known in the ancient times. This was the only name that
suited the history and the culture of the country.

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5. Salient Features of the Indian Constitution
B) Features:
 The lengthiest, detailed, elaborate Constitutional document the world has so
far produced.
 It consists of 395 Articles (many articles were added subsequently and some
were repealed by way of amendments).
 The additions by alpha numeric enumeration alongside the original article.
 Originally the Constitution consisted of 8 schedules; now it consists of 12
Schedules.
 The Constitution of India provides for the organization, structure and
functioning to Central Government organs, State Governments.
 It contains fundamental rights, fundamental duties, functions and powers of
the Executive, functions and powers of the Parliament, Judiciary and judicial
appointments, official language, citizenship, emergency provisions,
Minorities. etc.
 The Directive Principles of State Policy outlined in Part IV of the Constitution
are not enforceable in any Court, but the duty of the state to apply these
principles in making laws.

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5.The Salient Features of the Indian Constitution .
The Preamble to the Constitution of India is a brief introductory statement that sets out the
guiding purpose and principles of the document.
E, 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.

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5.The Salient Features of the Indian Constitution .
 The Supreme Court of India in the Fundamental Rights Case
(Keshavananda Bharati v. Union of India, 1973 SC 1461) held that Preamble
does form part of the Constitution. The objectives specified in the Preamble
contain the ' basic structure' of the Constitution. The Preamble is the guide
to interpret the provisions of the Constitution.
 Case Studies: to be read from the page no 65 and 66.
Q. Find out the significance and implied meanings of the following terms used
in the preamble: pg. 67
1. Sovereign
2. Socialist
3. Secular
4. Democratic
5. Republic

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5.The Salient Features of the Indian Constitution .
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)-
1. Sovereign- It means free to follow internal and external Policies.
2. Secular- It means no particular Religion is preferred.
3. Socialist- It means no concentration of Power and Money.
4. Democratic- It means rule by elected representative of the People of India.
5. Republic- It means no room for hereditary ruler or monarch.

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5.The Salient Features of the Indian Constitution .
Fundamental Rights: The Constitution of India guarantees its people certain
basic human rights and freedoms known as 'Fundamental Rights', which are
listed in Part- III of the Constitution (Articles 12 to 35.) While ordinary legal
rights are protected and enforced by ordinary law, Fundamental Rights are
protected and guaranteed by the constitution of the country. The Constitution of
India recognizes certain basic fundamental rights for every citizen of India,
such as:-
a) Right to Equality ( Article 14 to 18) :equality before laws and prohibition of
discrimination on grounds of religion, race, caste, sex or place of birth;
equality of opportunity in matters of public employment; abolition of
untouchablility and titles.
b) Right to Freedom ( Article 19 to 22) : rights regarding freedom of speech
such as freedom of speech and expression, right to free movement, to form
associations, to practice any trade or occupation, protection in respect to
conviction for offences; protection of life and personal liberty; protection
Fundamental Rights, Directive Principles of State Policy, Fundamental Duties

25. 25
Fundamental Rights
c) Right to Freedom of Religion ( Article 23 to 24)
d) Right against Exploitation ( Article 25 to 28)
e) Cultural & Educational Rights ( Article 29to 30)
f) Right to Constitutional Remedies ( Article 32)
Let us ponder upon:
 The right to education was inserted as Article 21A vide the Constitution
(eighty-sixth Amendment) Act, 2002.
 Fundamental Rights stated under Article 14 and 21 are even conferred to
non-citizens.
 Right to property was originally a fundamental right, but after the 44th
Amendment Act, 1978, right to property ceased to be a Fundamental right.
Instead the right to property is mentioned under 300A of Indian Constitution,
stating that no person can be deprived of his property save by law.

26. 26
Fundamental Rights
 Ordinary rights may be changed by the legislature by ordinary process of law
making, but a fundamental right may only be changed by amending the
Constitution itself. Besides this, no organ of the government can act in a
manner that violates them.
 Any infringement of fundamental rights can be challenged by any citizen of
India in the court of law. The Constitution of India also prescribes some
fundamental duties on every citizen in India.
 The Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, whichever may be appropriate, under Article 32;and
the High Courts under Article 226 of the Constitution. The speedy and
effective remedy under Article 32 is itself guaranteed as a Fundamental
Right.

27. 27
Writs

28. 28
Directive Principles of the State Policy
 Part IV- Article37 of the Constitution
 Non enforceable, but the principles laid down are nevertheless fundamental
in the governance of the country and it shall be the duty of the State to apply
these principles in making laws.
 An obligation on the State to take positive action in order to promote the
welfare of people.
 Article 38:
Article 38 (1) states that the State shall strive to promote the welfare of the
people by securing and protecting as effectively as it may a social order in
which justice, social, economic and political, shall inform all the institutions of
national life.
Article 38 (2) states that the State shall, in particular, strive to minimise the
inequalities in income, and endeavour to eliminate inequalities in status,
Facilities and opportunities, not only amongst individuals but also amongst
groups of people residing in different areas or engaged in different vocations.

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Directive Principles of the State Policy
 Some of the important DPSP:
The right to an adequate means of livelihood for citizens, equal pay for equal
work for both men and women, living wages for workers, equal justice and free
legal aid, organization of village Panchayats, provision of just and humane
conditions of work and maternity relief, uniform civil code for citizens, promotion
of educational and economic interests of Scheduled Castes, Scheduled Tribes
and other weaker sections and many more.
 A large number of laws have been enacted and adopted to implement the
DPSP like Right to Free and Compulsory Education,2009, Child Labour
Prohibition Act,1986, The Constitution (seventy-third, seventy-fourth
Amendment)Acts, 1992 led to the establishment of Panchayati Raj Institutions
and Urban Local Bodies based on democratic principles.
 The Fundamental Rights represents the Political and Civil Rights and DPSP
embody Social and Economic Rights. Merely because the DPSP are non-
justiciable by the judicial process, it does not mean that they are of subordinate
importance.

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Fundamental Duties
Fundamental Duties (Part IV Article 51A )- These Fundamental rights have
been provided at the cost of some fundamental duties. The Constitution
(forty-second Amendment) Act, 1976 added Part IV-A, Article 51-A on
Fundamental Duties of citizens, to the Constitution. Not enforceable.
These fundamental duties are defined as: It shall be the duty of every citizens
of India: -
a. To abide by the Constitution.
b. To uphold & protect the sovereignty, unity and integrity of India.
c. To Cherish & follow the noble ideas which inspired our national struggle for freedom
d. To defend the country & render national service when called upon to do so.
e. To promote harmony & the spirit of common brotherhood.
f. To value & preserve the rich heritage of our composite culture.
g. To protect & improve the national environment.
h. To develop the scientific temper, humanism and the spirit of inquiry and reform.
i. To safeguard public property & to abjure violence.
j. To strive towards excellence in all spheres of individual & collective activity, so that
the nations constantly rises to higher levels of endeavor & achievement.

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Constitutional Provision for Amendment of the Indian
Constitution
 Amendment Procedure of the Constitution: Part XX
 Article 368 specifies the powers of the Parliament to amend the Constitution and lays down the
procedure. There is no limitation on the constituent power of the Parliament for amending by
adding, removing or improving the provisions in the Constitution.
 The Supreme Court in the case of Kesavananda Bharthi v. State of Kerala AIR 1973SC 1461
Case has restrained the powers of Parliament to amend the Indian Constitution in respect of its
Basic Structure.
 There are three types of amendments to the Constitution of India of which second and third type
of amendments are governed by Article 368.
1. The first type of amendments includes that can be passed by "simple majority" in each house of
the Parliament of India.
2. The second type of amendments includes that can be effected by the parliament by a prescribed
"special majority" in each house.
3. The third type of amendments includes those that require, in addition to such "special majority" in
each house of the parliament, ratification by at least one half of the State Legislatures.
 104 enacted Amendments made so far till January 2020.

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Special Status to the State of Jammu and Kashmir
 Article 370:
 Historical View of Maharaja Hari Singh; Role of Mountbatten, instrument of
Accession 26th Oct 1947.
 Proclamation of Article 370 and Article 35 A

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Revoking Article 370
 5th August 2019: Historical
Decision.
 On 5 August 2019, the
Government of India revoked
the special status, or limited
autonomy, granted
under Article 370 of the Indian
Constitution to Jammu and
Kashmir—a region
administered by India as a
state, and a part of the larger
region of Kashmir, which has
been the subject of dispute
among India, Pakistan, and
China.
The Indian government is divided

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Adult Suffrage
 Article 326: Right to vote for citizens of
India general elections to the House of
People and to the Legislative Assemblies
of States.
 Not less than 18 years of age (reduced
from 21 years by the Constitution, sixty-first
Amendment) Act, 1988.
 Not disqualified under any law on the
grounds of unsoundness of mind, non
residence, crime or corrupt or illegal
practice.
 Article 325: There is one general electoral,
for election to either House of Parliament
or State Legislature.
 No inclusion to the electoral roll on the
grounds only of religion, race caste sex or
any of them.

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Single Citizenship
Single Citizenship:-
 Single citizenship to citizens.
 Provisions in Part II of the Constitution.
 The Citizenship Act 1955 provides that
citizenship can be acquired by way of birth,
descent or registration.
 Citizens enjoy political and civil rights
e.g. right to vote, right to contest elections,
right to hold high offices such as that of the
President etc. No citizen can be denied
employment in any State on the grounds of
being nonresident of that State.
 CAA 2019: The 2019 Bill seeks to make
illegal migrants who are Hindus, Sikhs,
Buddhists, Jains, Parsis and Christians from
Afghanistan, Bangladesh and Pakistan,

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Independent Judiciary
Another notable feature of the Constitution of India is its provisions which
uphold the independence of the judiciary from the influence of other organs of
the Government. The Judiciary functions in accordance with the set principles
of the Constitution.

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Schedules of the Indian Constitution
12 Schedules provide necessary administrative details of organs of Govt.

38. 38
8.Conclusion
 The Constitution of India has
several distinctive features. It is
the lengthiest Constitution in the
world and it is a combination of
rigidity and flexibility.
 The Constitution provides for
a quasi-federal set up with a strong
Centre.
 Not just a document it is a
living document which responds.
 The heart and soul of Indian
Democracy.
 A document which was made
of the citizens, by the citizens and
for the citizens.