2. Events before Constitution
1. Demand of Indian Parliament.
2. Indian Council Act, 1861
3. Indian Council Act, 1909
4. Seed of Separatism.
5. Demand for constituent assembly.
6. Opposed by Muslim League.
7. Acceptance of Partition.
8. Constituent Assembly.
3. Father of the Indian
Constitution
A Drafting Committee was elected by the Constituent
Assembly on 29th August 1947. It elected Dr. B.R.
Ambedkar to be its President. The Constitution as
prepared by the Drafting Committee was circulated
on 21 February 1948. This formed the basis of
discussion in and outside the Constituent Assembly.
The Drafting Committee had 7 members apart from
the chairman which are:
Dr. B.R. Ambedkar (Chairman)
1. Alladi Krishnaswamy Aiyyar
2. D. P. Khaitan
3. N. Madhav Rao
4. K.M. Munshi
5. N. Gopalaswamy Ayyangar
6. T.T Krishnamachari ( Congress)
7. Saiyid Mohammad Saadullah ( Muslim League)
4. Dr. B R Ambedkar (A Review)
Bhimrao Ramji Ambedkar (14 April 1891 – 6 December 1956), popularly also
known as Babasaheb, was an Indian jurist, politician, philosopher, historian and
economist.
Barack Obama referred to Dr. Ambedkar as a founding father of modern
India during his address speech in Indian Parliament.
A speech delivered by Shri T. T. Krishnamchari on November 5,1948 in the
constituent assembly shows that
Dr. Ambedkar was in fact the chief architect of our democratic constitution. In his
speech, Shri Krishnamchari drew the attention of the assembly to the fact out of seven
members nominated by the constituent Assembly to the Drafting Committee, one died
and was not replaced, one was away in America for most of the time and his place was
not filled up by another person, and another member was more engrossed in the affairs
of the state, and also that one or two other were mostly away from Delhi because of
health reasons.
5. Constitution of India
Indian Constitution seeks to establish the fundamental organs of government
and administration, lays down their structure, composition, powers and principal
functions, defines the inter-relationship of one organ with another, and regulates
the relationship between the citizen and the state, more particularly the political
relationship. The Constitution describes how India is divided into States and
Union Territories. There are governments at both levels. One at the Centre
(Delhi) for the entire country and the other in each State or Union Territory for
that particular state or Union Territory. This was done because the members of
the Constituent Assembly felt that India was a large country and one
government at the centre would not be able to solve the problems and look after
the interests of all the people and the different regions. The Constitution was
finally adopted for 26 November 1949The constitution was enforced with effect
from January 26, 1950. From that day India became a Republic.
demos (people) + kratos (rule) = democracy,
meaning rule by the people.
6. Functions of the Constitution
1. Expression the Ideology.
2. Expression of Basic Law.
3. Organizational Framework.
4. Levels of Government.
5. Amendment Provisions.
7. Features of Constitution
1. Longest known Constitution.
2. Single Citizenship.
3. Three tier Government.
4. Fundamental Rights.
5. Independent Judiciary.
6. Republic.
7. Favours to Background classes etc.
8. Universal Franchise.
9. Federal Constitution.
10.Parliament form of Government.
8. What is Preamble????
A preamble is an introductory statement of a constitution which lays down the
ideals it attempts to promote. A preamble to an Act of Parliament gives its
reasons and purposes and lays down the aims and objects for which a
particular Act has been passed. The idea of the Preamble has been borrowed
from the Constitution of the U.S.A. The Constitution of the Republic came
into effect on 26 January 1950. As an introduction, it is not a part of the
contents but it explains the purposes and objectives with which the document
has been written. So is the case with the ‘Preamble’ to the Indian Constitution.
As such the ‘Preamble’ provides the guide lines of the Constitution.
The Preamble, in brief, explains the objectives of the Constitution in two ways:
one, about the structure of the governance and the other, about the ideals to be
achieved in independent India. It is because of this, the Preamble is considered
to be the key of the Constitution.
9. Objective of Preamble
The objectives, which are laid down in the Preamble, are:
1. Description of Indian State as Sovereign, Socialist, Secular, Democratic
Republic. (Socialist, Secular added by 42nd Amendment, 1976).
2. Provision to all the citizens of India i.e.,
a) Justice social, economic and political
b) Liberty of thought, expression, belief, faith and worship
c) Equality of status and opportunity
d) Fraternity assuring dignity of the individual and unity and integrity of the
nation.
10. Purpose of having Preamble
The Preamble to our Constitution serves two purposes: -
1. It indicates the source from which the Constitution derives its authority;
2.It also states the objects, which the Constitution seeks to establish and
promote.
11. Significance of the Preamble
1. The Preamble of Indian Constitution reflects the basic structure and the spirit
of the Constitution.
2. The Preamble acts as the preface of the constitution of India and lays down
the fundamental value and philosophical ideas. It represents the entire
Constitution in its written words.
3. It contains the basic features of the Constition and thus considered to be a
vital part.
4. The Preamble doesn't contain laws enforceable in a court but no law can be
enacted or amended in a manner that violates the spirit of the Preamble. Thus
the Preamble of the constitution of India is unamendable and unalterable.
12. Preamble
THE CONSTITUTION OF INDIA
PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
1[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 2[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.
13. Text of Preamble
WE, THE PEOPLE OF INDIA
We the People indicate that India is a republican polity which means it shall have
no hereditary ruler and the people shall elect their government.
14. Text of Preamble
SOVEREIGN
Sovereign means absolute independence, i.e., a government which is not
controlled by any other power: internal or external.
15. Text of Preamble
SOCIALIST
Socialist means commitment to attain ideals like removal of inequalities,
provision of minimum basic necessities to all, equal pay for equal work.
16. Text of Preamble
SECULAR
In the context of secularism in India, it is said that ‘India is neither religious, nor
irreligious nor anti-religious.’
17. Text of Preamble
DEMOCRATIC REPUBLIC
The democratic principles are highlighted with the provisions of universal adult
franchise, elections, fundamental rights, and responsible government.
The Preamble also declares India as a Republic. It means that the head of the
State is the President who is indirectly elected and he is not a hereditary ruler
18. Text of Preamble
JUSTICE
Justice promises to give people what they are entitled to in terms of basic rights
to food, clothing, housing, participation in the decision-making and living with
dignity as human beings.
19. Text of Preamble
LIBERTY
The Preamble also mentions about Liberty of thought and expression. These
freedoms have been guaranteed in the Constitution through the Fundamental
Rights.
20. Text of Preamble
EQUALITY
Equality means All citizens of India should be treated equally and extended equal
protection of law without any discrimination based on caste, creed, birth, religion
etc.
21. FRATERNITY
Text of Preamble
In the background of India’s multi-lingual, multi-cultural and multi- religious
society and keeping in view the partition of the country, the framers of the
Constitution were very much concerned about the unity and integrity of our
newly independent country. There was a need for harmonious co-existence among
various religions, linguistic, cultural and economic groups. Inclusion of phrases
like ‘dignity of individuals’, ‘fraternity among people’ and ‘unity and integrity of
the nation’ in the Preamble highlight such a need.
23. It is:
A Fundamental Right is protected and enforced by the Constitution.
A fundamental right can be altered only by a constitutional amendment. A
fundamental right can be suspended or abridged only in the manner prescribed
by the constitution.
A fundamental right is a right which an individual possesses against the
State.
A fundamental right is enforceable only against the State. It cannot be
enforced against a cooperative society.
24. Right to Equality
This includes:
Equality before law.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth.
Equality of opportunity in matters of employment
Abolition of Untouchability
Abolition of titles
25. Right to Freedom
This includes:
Freedom of Speech and Expression
Freedom of Assembly
Freedom of Association
Freedom of Movement
Freedom of Residence
Freedom of Profession and Trade
26. Right against Exploitation
This includes:
Prohibition of traffic in human beings and forced labour
Prohibition of employment of children in factories, etc.
27. Right to Freedom of Religion
This includes:
Freedom of conscience and free profession, practice and propagation of religion.
Freedom to manage religious affairs
Freedom as to payment of taxes for promotion of any particular religion.-
Freedom as to attendance at religious instruction or religious worship in certain
educational institutions
28. Cultural and Education Right
This includes:
Protection of interests of minorities
Right of minorities to establish and administer educational institutions
29. Right to move on Court
This includes:
Remedies for enforcement of rights conferred by this Part.
