AICTE 2018 -NEW SYLLABUS FOR B TECH -CONSTITUTION OF INDIA

1. UNIT 1
HISTORICAL BACKGROUND OF
CONSTITUTION OF INDIA
Dr TIRTHALA NAGA SAI KUMAR
DEPT OF MANAGEMENT

2. Constitution Law
• Is a body of law which defines the role,
powers and structure of different entities
within a state, namely, the executive, the
parliament or legislature, and the judiciary;
as well as the basic rights of citizens and, in
federal countries such as Us and Canada, the
relationship between the central govt. and
state, provincial or territorial governments

3. constitutionalism
• “It is a complex of ideas, attitudes, and patterns
of behaviors elaborating the principle that the
authority of government derives from and is
limited by a body of fundamental law”
• Government Authority is derived from people
• It should be limited by a constitution that clearly
expresses what the government can and can’t
do.
• It shows Sovereignty(supreme power or
authority) of parliament (President, LS,RS)
• Limited government under higher law

4. What is in Indian Constitution
• Preamble (sets out aims and aspirations of
people; enshrines ideas and philosophy of
constitution; explanatory introduction to a
formal document or statute; short preliminary
statement, remark)
• 448 Articles(grouped into 25 parts)
• 12 Schedules
• 5 Appendices
• 124 amendments (as on 26/01/2018)

5. Definition of Constitution of India
• Is the supreme law of India. A body of rules
established to regulate the system of govt within
a state(country)
• A set of basic laws for a country. They describe
the rights and duties of citizens of the country.
They describe the way in which the country is
governed.
• Is a document which lays down the frame Work
of demarcating the fundamental political code

6. It tells
• what the branches of government (structure) are
• What powers they (Govt institutions) have
• How they work
• How they make laws
• How they execute the laws
• whether the laws made by the government are in
line with the ideals of the constitution
• What are the fundamental duties of the
government
• What are the fundamental rights and duties of
citizens

7. Etymology
• Constitution comes through French from the
Latin word constitutio used for regulations
and orders
• Aristotle said” Governance based on the
constitution is superior to the governance by a
single person”
• World’s first written constitution is American
constitution. Unwritten is British constitution

8. • Lord Bryce: Constitution is the set of basic
laws that tell the structure of the government,
and show it works
• Herman Finer: It tells the basic structure of
political institutions
• In short it is Powers, duties and limitations of
a structured government, and citizens.

9. 6 Phases of history of COI- BC Rawath
• 1600-1773(Traders ,invaders)
• 1773-1858 (EIC Rule)
• 1858-1909 (Crown’s Rule)
• 1909-1935
• 1935-1947
• 1947-1950

10. History of Indian Constitutional
Development
• Year 1600- December-31, Queen Elizebeth -I
granted a charter(agreement) an exclusive
right of trading with east India
• 1612- 1st trading centre at Surath,Gujarath
• 1639-Madras, Machilipatnam trading centres
• 1667- started minting currency

11. • 1726- Bombay,Madras,Kalkattha presidencies
were formed. Bombay as dowry gift to CharlesII
by Portugese princess, Chennai by Chennappa, 5
small villages purchased in Calcutta
• Mayor courts were established.
• 1757- Plassey battle. Sirajuddalah lost to Robert
clive of EIC. Intervention by EIC in internal affairs
started.
• 1764-Buxar battle.Mir Qasim nawab of Bengal,
Shah Alam II of Mughal empire, and Nawab of
Avadh lost to Hector Munro of EIC. DIWANI
RIGHTS given to EIC IN 1765.

12. • 1773 Regulating Act (review period for 20 yrs):
• British Govt. sensed the practice of corruption
by servants of EIC and brought regulating act on
them. EIC went bankrupt and the servants were
rich by private their business
• Governor of Bengal was designated as GGB
Governor General of Bengal (Warren Hastings)
• Madras, Bombay presidencies became
subordinate to GGB
• Supreme Court at Calcutta established in 1774
• Prohibited private business, gifts from natives.
• Court of Directors ( 4 members for reporting
revenue, civil, military affairs)

13. • 1784 Pitts India Act:
• Court of Directors for managing only
commercial affairs (buying, selling, trade)
• Board of Control for political affairs (for civil,
revenue & military affairs)
• Company’s territories were called British
territories/possessions in India
• Company affairs were controlled by British
Government.

14. • Charter Act 1793:
• Continued the company’s rule over the British
territories in India
• Governor General of Bengal would supersede in
authority over those of madras and Bombay
• GGB and governors could disregard respective
councils in certain situations.
• Separated the revenue administration and the
judiciary functions the of company, leading to
the disappearance of Maal Adalats (revenue
courts)

15. • Charter Act 1813 (for 20 yrs):
• EIC was deprived of its commercial monopoly,
except trading Tea, Opium with China.
• Christian Missionaries were allowed to
propagate their religion.
• Develop education system for supporting the
British govt. 1 lakh rupees every year for 5
years.

16. • Charter Act 1833 (for 20 yrs):
• Centralization of British Govt. started
• Governor General of Bengal designated as
Governor General of India. (1st GGI was
William Bentinck)
• EIC became purely admin body (no
commercial).
• British territories were held by it, In Trust for
“Her Majesty, His heirs and Successors”

17. • Charter Act 1853:
• Separation of powers, Legislative council and
executive council .
• Introduced open competition system for civil
servants. Macaulay committee for ICS was
appointed in 1854
• Introduced LOCAL REPRESENTATION in
Indian/Central Legislative Council (4 out of 6;
Madras, Bombay, Bengal and Agra)

18. • Revolt 1857
• Sepoy mutiny
• Repressive policies of the British rulers to
native princes, and common masses.
• Lord Dalhousie’s “Doctrine of Lapse” caused
anger among the native princes.
• Low salaries for Indian soldiers than the
British soldiers.
• Use of Enfield rifles with fat of cow and pig.

19. • GOVERNMENT OF INDIA ACT 1858
• Crown rule or Queen rule now onwards
• Queen rule through VICEROY. It was added to
the title of Governor General. Supported with 15
members office.
• Lord Canning 1st Viceroy.
• Secretary of state for India (member of UK
cabinet; now political head) instructs Viceroy
and reports to the British parliament
• Lord Stanley 1st Sec of state (2Aug1858)
• Objective of this act was good government for
India.

20. Indian Councils Act 1861( August 1)
• Restored legislative powers of Bombay and
Madras(which were taken away in 1833 act)
• Calcutta legislative council was empowered to
pass laws to for British India as a whole.
• At emergency, Viceroy could pass ordinances
lasting six months.
• Indian representation started in LC. Raja of
Benares, Maharaja of Patiala, Sir Dinakar Rao

21. Imperial Legislative Council
• Two houses
• 1.Imperial Legislative Assembly/Central
Legislative Assembly/Lower House
• 2. Council of States(Upper House of the
legislature of the British India)

22. Indian Councils Act 1892
• An element of ELECTION and RESPONSIBILITY
started
• Budget can be discussed but not voted by
Indian members of council, questions can be
asked but supplementary questions not
allowed.
• Additional numbers added in both
Imperial(central) and provincial(state)
legislative councils.

23. Partition of Bengal 1905
• British reason: (administrative inconvenience)
Bengal province was too large to be
administered by a single governor. So partition
was based on administrative purpose
• Actual Fact: (Political) East Bengal was
dominated by Muslims, West Bengal was
dominated by the Hindus. Curb, suppress the
nationalism
• Lord Curzon Viceroy misadventures

24. 1909 Indian Councils Act
Minto-Morley reforms
• Morley (Sec of State)
• Minto(Governor General of India)
• Separate electorates for muslims (Divide and
Rule).Voting right was based on property
restrictions( Hindus -more property ;Muslims -
less property)
• Satyendranath Sinha became the 1st Indian to
appointed in Viceroy’s executive council
• Non official members in provincial LC.

25. Montague-Chemsford reforms 1919
• Dyarchy (rule of two) in provincial level. Relaxation of
central over provinces
• Reserved (by Governor)subjects(Important: police,
revenue, finance etc)
• Transferred (by ministers) (Unimortant: primary
education, public health)
• Bicameral (2 houses; Upper &Lower)legislature in
provinces
• Council of state(Upper house; 60 members,5 yr
tenure);Central legislative Assembly(Lower house; 140
members,3yrs tenure)
• Idea of PSC. A part of budget can be voted (but not
75%)

26. Government of India Act 1935
• An idea of All India Federation came. Previously
the GOI was unitary but now on a federation,
taking the provinces and the Indian states as
units. But it was optional for rulers of Indian
states to join the federation.
• Act divided legislative powers between
Provincial and Central Legislatures
• Provinces were no longer delegates of the
Central Government. They were autonomous
units of administration. Provincial autonomy
was granted.

27. • Increased the the strength and powers of
Legislature (but only 14%of Indian population
was made eligible to vote in the elections to
elect legislatures)
• Separate representation for Indian Christians,
Anglo Indians, Europeans and Depressed
Classes in Legislative Councils.
• The Governor would act with advice of
Ministers responsible to Legislature.
• Dyarchy in provinces was abolished
• Dyarchy was introduced in centre.

28. • Reserved subjects (finance, Defense, External affairs
etc)were to be administered by the Governor General
• Transferred subjects were to be administered by
Indians
• Idea of RBI discussed
• Provision for federal court was initiated
• Emergency provisions
• Division of administrative items between the Union
and States with a List System
• Lists:Federal(Union);Provinces(State);Concurrent(com
mon to both)
• Doc was lengthy with 321 sections,10 schedules,
without Preamble. Never came into reality

29. Between 1937 &1947
• 1937- Elections were conducted INC
participated.
• 1939- World War II started.
• 1940- August offer Linnith grow Dominion
Status after 2nd WW; FAILED
• 1942 Cripps Mission ( After 2nd ww, Dominion
status); FAILED
• 1945(Wavel Plan;except Viceroy post, all other
posts to Indians);FAILED
• 1946-Cabinet Mission Plan;FAILED

30. Mount Batten Plan
Indian Independence Act 1947
• Dominion of India and Dominion of Pakistan
• August 15, 1947 India got freedom from
British.
• Two constituent assemblies shall be formed
separately for both India and Pakistan. They
work as constitution making bodies as well as
legislative bodies in their respective domains
• British supremacy and native princely states
shall cease to exist.

31. • Territories of the two dominions were defined
but they were empowered to include or
exclude a territory by themselves.
• 1946,December 9- Constitutional Assembly
meeting took place.
• 1949 November26: Adoption of Constitution
of India
• 1950 January 26: Constitution came into force.
Republic Day celebrations took place

32. Committees of CA
Name of committee Name of Chairman
1 Union Powers J Nehru
2 Union Constitution J Nehru
3 States J Nehru
4 Provincial Constitution Sardar Patel
5 Advisory Sardar Vallabhai Patel
6 Drafting BR Ambedkar
7 Rules of Procedures Rajendra Prasad
8 Steering Rajendra prasad
9 Fundamental Rights sub committee JB Kriplani

33. Sources of Indian Constitution
• GOI Acts 1919,1935, and certain elements
were considered
• Parliamentary traditions, single citizenship,
rule of Law, Cabinet govt., from the West
Minister Model of British constitution
• Fundamental Rights, Judicial review,
Impeachment of President from American
constitution

34. • Directive Principles of state policy from Ireland
• Emergency powers from Germany
• Concurrent list , joint sitting of Parliament from
Australia
• Opening clause of Right to Life and Liberty from
Japan
• Federal structure with powerful centre from
Canada
• Procedure to amend constitution from South
Africa
• Idea of Republic, Liberty, Equality,and Fraternity
from France.

35. Philosophical foundations of COI
• Liberalism and Rule of Law
• Democratic Socialism(to provide social,
economic, and political justice to society)
• Secularism with equality (equal respect to all
religions, freedom of religion to citizens)
• Gandhism(Peaceful coexistance, abolition of
untouchability, Gram swaraj)
• International peace, peaceful resolution of
disputes

36. Preamble
• Reflects aims, aspirations and objectives
• Begins with “We the people of India”
,indicating the importance of people of India
as the source of constitution(not king)
• Describes the nature of Indian political system
as “ Soveriegn, Socialist, Socialist, Secular,
Democratic Republic”
• Justice-Social,economic, and political
• Liberty of “thought, expression, belief, faith,
worship”

37. • Equality of “Status and Opportunity”
• Fraternity (brotherhood) to promote among
them all , assuring the dignity of individual
and the unity and integrity of the Nation
• Specifies the date of enacting the constitution
as 26/November/1949
• Mentions people adopted, enacted, given
themselves the constitution

38. Salient Features of Indian Constitution
• 1. written and detailedconstitution ( took 2 yrs
11 months 18 days) with 395 articles,22
parts,8 schedules
• 2. India is a Sovereign, Socialist, Secular,
Democratic, Republic
• 3.Noble aims and objectives
• 4. Combination of rigidity and Flexibility

39. • 5. Unitary and Federal Features
• 6. Parliamentary Government
• 7.Independent Judiciary
• 8. Directive Principles of State Policy
• 9. Fundamental Rights

40. • 10. Fundamental Duties
• 11.Single Citizenship
• 12.Universal Adult Franchise
• 13.Bicameralism
• 14. Panchayath Raj & Nagar Palika Acts
• 15. Special Provisions to SC &ST