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COI Unit I

constitution of india(COI) (APJ Abdul Kalam Technological University)

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Module 1

Introduction and Basic Information about Indian Constitution

1. Meaning of the Constitution Law.

Constitutional law, the body of rules, doctrines, and practices that govern the operation of
political communities. Modern constitutional law is the offspring of nationalism as well as of
the idea that the state must protect certain fundamental rights of the individual.
So,
Constitution can be defined primarily as ‘set of Rules and Principles specifying how a
country should be governed, how power is distributed and controlled and what rights
citizens posses.

Nature of Constitution:
1. Binding on Citizens of the State and Law Making bodies.
2. Based on Public Legitimacy ie a Rule of People by the People.
3. Defines Rights and Duties of the Citizens.
4. International Recognition of State as Democratic System in terms of Rights and
Representation.

Functions of the Constitution:

1) Constitution defines the Rights and Duties of the Citizens.

2) Constitution set up the structure of the Government by defining the Nature and
Authority of the Public Community.
3) Constitution defines the boundary of the Government Institutions.
4) Constitution set up the power divisions between the layers of Government and Inter-
Governmental Institutions.
5) It gives Identity to Citizens as well as the Government.

2. Constitutionalism
Constitutionalism, doctrine that a government’s authority is determined by a body of laws
or constitution. Although constitutionalism is sometimes regarded as a synonym for limited
government, that is only one interpretation and by no means the most prominent one
historically.
So,
Constitutionalism defines the ways and means to work out a Governmental form which
exercises powers and , at the same time, individual freedom and liberty.

Features of Constitutionalism:
1. Constitutionalism ensures that Government should be a ‘Democratic Government'.
2. Constitution should be written systematically to ensure proper interpretation and
implementation.
3. An Judicial System independent enough to guarantee the Citizens that Government
is limited in approach and accountable.
4. Rule of Law as the basis for Governance.
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5. Doctrine of Separation of Power among various organs of Governance.

3. Historical Background of the Constituent Assembly.

Constituent Assembly was a Sovereign Body which was formed to draft the Constitution of
India.
The Idea for the Constituent Assembly was proposed by M.N Roy in 1934, from then Indian
National Congress made it it’s official demand in 1935.

English Government first accepted the demand for Constituent Assembly for India in August,
1940.

Formation of Constituent Assembly:

1. The Constituent Assembly was formed on the recommendation of the Cabinet
Mission Plan whjch visited India in 1946.
2. The membership of Constituent Assembly initially was 388. Out of 389 members,
296 seats were for British India and 93 seats for Princely States.
3. Number of Seats was allotted on basis of Population. It was roughly 1 seats for every
1 million Population.
4. Representative of each Principal Communities were to be taken in consideration for
the allotment of seats in Constituent Assembly.
5. The representative of Princely States were to be Nominated by the heads of the
Princely States.
6. With the Partition of Pakistan, Muslim League withdrew from the Constituent
Assembly of India, effective number of Members came down to 299.

Timeline of the Constituent Assembly of India:

1) Constituent Assembly met for the first time on 9th December, 1946 in New Delhi, India.
2) Initially the Interim Chairperson of the Constituent Assembly was Dr Sachidanad Sinha.
3) Later, Dr Rajendra Prasad became the Permanent Chairperson of the Constituent Assembly.
4) On the 13th December, 1946, Pandit Jawahar Lal Nehru moved the Objective Resolution which
later became ‘Preamble of the Indian Constitution'. It resolved to make India as an Independent
Sovereign Republic with a Constitution for the Governance of India.

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5) Constituent Assembly met for 11 sessions and took 2 years, 11 months and 18 days to make our
Constitution.
6) The members of the Constituent Assembly signed the Constitution of India on 24th January of
1950.
7) The Constitution of India came into force on 26th January, 1950 and with this, Constituent
Assembly ceased to exist, got transformed into a Provincial Parliament of India until the General
Elections of 1952.

The Function of making a Draft of Indian Constitution was given to Drafting Committee headed by Dr
B.R Ambedkar along with 6 other members.

These members were:

1. N. Gopalswami Ayyangar.
2. Alladi Krishnaswami Ayyar.
3. K.M Munshi.
4. Mohmmed Sadullah.
5. B.L Mittar who was later replaced by N.Madhav Rao.
6. D.P Khaitan who was died in 1948. He was replaced by T.T Krishnamachari.

Function of Drafting Committee was to understand, analyse and take into consideration the
proposals of various Committees of the Constituent Assembly and prepare the first draft of
Constitution which was published in February, 1948.

Once the draft was published, the People and Members of Constituent Assembly were given 8
months to understand, discuss and given suggestions on the Constitution of India draft.

Once the Suggestions were received, critical reviews were available, the Drafting Committee
prepared the another Draft of Constitution in October, 1948.

What Constituent Assembly intended to do (Functions):

• First and foremost, framing the Constitution.

• For making laws and regulations.
• Elected Dr Rajendra Prasad as first President of Union of India.
• Adopted National Song on January 24, 1950, National Flag on July 24, 1947 and National Anthem
on 24 January, 1950.
Some Criticisms of Constituent Assembly:
1. It took too much time for framing Constitution. (Do you agree with this?).
2. It was not elected by the People of India.
3. It was dominated by Lawyers and Members of Congress.

4. Government of Indian Act of 1935.

This Act was adopted in response to opposition and criticisms from the National Congress of
India to the 1919 Act for doing too little in terms of granting autonomy.
The Government of India Act derived its provisions from 4 important sources i.e Simon
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Commission Report, Third Round Table Conference, the White Paper of 1933 and Joint
Select committee.
Its key provisions included:

1. Abolition of the dual form of government or diarchy and the granting of a larger
degree of autonomy for the provinces
2. Establishment of a Federation of India (which never came into force though)
3. Introduction of direct suffrage and extension of the franchise to 37 million people
from the original 5 million
4. Membership of the provincial assemblies was altered so as to include more elected
Indian representatives, who were now able to form majorities and be appointed to
form governments
5. The establishment of a Federal court.

5. Indian Independence Act of 1947

The Indian Independence Act was passed in 1947.
The act created two new independent dominions; India and Pakistan.
Pakistan was split into Pakistan and East Pakistan which is now Bangladesh. The Bengal and
Punjab provinces were partitioned between the two new countries.

These dominions separated the Muslim, Hindu and Sikh population and caused the biggest
forced migration which has ever happened that was not the result of war or famine.

The Act repealed the use of ‘Emperor of India’ as a title for the British Crown and ended all
existing treaties with the princely states.

Lord Mountbatten continued as Governor-General and Jawaharlal Nehru was appointed

India’s first Prime Minister, Muhammad Ali Jinnah became Pakistan’s Governor-General and
Liaquat Ali Khan its Prime Minster.

The 15th August 1947 has since become celebrated as India’s Independence Day.
6. Enforcement of the Constitution.

The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8
Schedules. The Preamble was enacted after the entire Constitution was already enacted.

• Dr B R Ambedkar, the then Law Minister, piloted the Draft Constitution in the Assembly.
He took a very prominent part in the deliberations of the Assembly. He was known for his
logical, forceful and persuasive arguments on the floor of the Assembly.

Enforcement of the Constitution:

• The Constitution of India came into force on 26 January, 1950. On that day, the Assembly
ceased to exist, transforming itself into the Provisional Parliament of India until a new
Parliament was constituted in 1952.

• The date of 26th January was chosen to commemorate the historical day as on this day in
1930 that Purna Swaraj day was celebrated and the tricolour flag of Indian independence
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was unfurled following the resolution of the Lahore

Session (December 1929) of the Indian National Congress .

• Some provisions of the Constitution pertaining to citizenship, elections, provisional

parliament, temporary and transitional provisions, and short title contained in Articles 5, 6,
7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26,
1949 itself.

• The remaining provisions (the major part) of the Constitution came into force on January
26, 1950. This day is referred to in the Constitution as the ‘date of its commencement’ and
celebrated as the Republic Day.

• With the commencement of the Constitution, the Indian Independence Act of 1947 and
the Government of India Act of 1935, with all enactments amending or supplementing the
latter Act, were repealed. The Abolition of Privy Council Jurisdiction Act (1949) was however
continued.

7. Indian Constitution and it’s Salient features:

The Constitution of India is a very dynamic creation of our lawmakers. The Constitution of
India as we all know is a supreme law of the country and every citizen of our country has to
abide by the constitution.
1. Written Constitution.
2. Supremacy of the Constitution.
3. Mix of Rigidity and Flexibility in terms of Amendments in the Constitution.
4. Division of Powers.
5. Independent Judiciary.
6. Bicameral Legislature.
7. Dual Government Policy.
8. Drawn from Different Sources.
9. Lengthy and Elaborate Document.
10. Sovereign and Secular State.
11. Single Citizenship to the Citizens.
12. Universal Adult Franchise ie Voting Right to every Citizen above a certain age of
Maturity.
13. Fundamental Rights, Duties and Directive Principles of State Policy.
14. Protection of Women and Minorities.

8. Preamble of the Constitution

The Preamble to the Constitution is a reflection of the core constitutional values that
embody the Constitution.
So,
Preamble of the Constitution is an introductory statement of the Constitution which
explains the Ideals and Values of the Constitution.
It explains that what is the source of the Constitution, Nature of Governance, Rights and
Duties of Government and Citizens with a date of its enactment and adoption.

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Text of the Preamble of the Constitution of India:

“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.”

Some information on Preamble of Constitution of India:

• The Preamble is taken from Objective Resolution adopted by Constitution Assembly and put
forward by Pandit Jawahar Lal Nehru.
• Preamble of Constitution of India is not enforceable but act as light on the Aims,Objectives and
Interpretation of the Articles of the Constitution of India.

Significance of the Preamble of Constitution of India:

• It explains that Source of Authority if the Constitution lies with People of India.
• It declares India to be Sovereign, Socialist, Secular and Democratic Republic.

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• The Objectives of Preamble us to secure Justice, Liberty, Equality to all citizens a d promote
Fraternity to maintain Unity and Integrity of the Nation.
• Date of Adoption of the Constitution which is November 26, 1949.

Interpretation of the Preamble of the Constitution of the India:

1. We, the People of India means that Ultimate sovereignty of the People of India.
2. Sovereign means India is independent in its authority and is not dominion of any other External
Authority.
3. Socialist means a mixed Economy where State Enterprises can exists along with Private
Enterprises.
4. Secular means that All Religions in India are equal and get support and protection from State. It
was added in the Preamble by 42nd Constitutional Amendment Act of 1976.
5. Democratic means Authority from the will of the people through Elections.
6. Republic means that Head of the State is elected by the People like in India, President is elected
by the People.

9. Fundamental Rights.
Fundamental rights are a group of rights that have been recognized by a high degree of
protection from encroachment. These rights are specifically identified in a Constitution, or
have been found under Due Process of law.

Nature and Characteristics of the Fundamental Rights:

• It is Fundamental means Aggrieved Person can directly approach Higher Courts unlike in
legal Rights where the hierarchy of Judicial System has to be followed.

• It is justiciable by the State.

• It is suspended during a National Emergency and can be restricted during a Martial Law.

• It can be amended by the Parliament provided it doesn’t alter the Fundamental Nature
of these Rights and Constitution.

Fundamental rights in India are the rights guaranteed under Part III (Articles 12-35) of the
Constitution of India.
1. Right to Equality.
2. Right to Freedom.

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3. Right against Exploitation.

4. Right to Freedom of Religion.
5. Cultural and Educational Rights.
6. Right to Constitutional Remedies.

Right to Equality:

• This Right is mentioned in Constitution under Articles 14 to 18.

• It ensures and guarantee Equal Rights to everyone irrespective of Religion, Region,
Gender, Caste, Race or Place of Birth.
• It ensures Equal Employment Opportunities in Public Employment.
• It also abolishes the Untouchability and Conferment of Titles except some.

Right to Freedom:
• This is mentioned in Articles 19 to 22.
• For any Society to be a progressive Society, Freedom is very important.
• It includes Freedom of Speech, Freedom of Expression, Freedom of Assembly without arms,
Freedom of Association, Freedom to Practice Profession of choice and Freedom to Reside in any
part of the Country.

These rights are Fundamental but it is subject to National Security, Public Morality and State can
put reasonable restrictions on them.

Right Againts Exploitation:

• This is mentioned in Articles 23-24 and talks about Right Against Exploitation.
• This right prohibits Child Labour, forced Labour, Human Trafficking and Begar.
• It prohibits the employment of Children in factories ie Prohibits employment of Chidkren under
14 years in hazardous conditions.

Right to Freedom of Religion:

• Right to Freedom of Religion is mentioned in Articles 25 to 28.

• It ensures that every person had right to creely Practice, profess and Propogate his or her
Religion.
• It reflects that State has no Religion but India as a Progressive Society has no Official Religion
and has true Secular Nature where there is Equal Respect is given to All Religions.

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Cultural and Educational Rights.

• This is mentioned under Articles 29-30.

• It protects the Right of Religious, Cultural a d Linguistic Minorities by ensuring a environment
where they preserve their Heritage and Culture.
• In this Right, Educational Right is ensuring Education for everyone without any discrimination.

Right to Constitutional Remedies:

• This Right is mentioned under Article 32.

• This Right guarantees Remedies if Fundamental Rights of the Citizens are violated.
• If Rights are encroached, the aggrieved person can directly approach the Courts.

Fundamental Rights are very important for a Stable and Just Society. It is imperative for a Progressive
Nature of the Society. But these rights are not always available to every person in India irrespective of
his or her Citizenship.

It means it differentiate between Citizens and Aliens.

Fundamental Rights available to Indian Citizens only:

• Prohibition of Discrimination on basis of Race, Religion, Caste, Gender or Place of Birth.

• Equal Opportunity in case of Public Employment.
• Freedom of Speech and Expression, Freedom of Association, Freedom of Assembly, Freedom of
Movement, Freedom of Residence and Freedom of Profession.
• Protection of the Culture, Language and Script of minorities.
• Rights of Minorities to establish and administer educational institutions.

Why Fundamental Rights are very Crucial for us?

Answer is:

• It is important for a Free and Just Society.

• All laws and Ordinances should just the Fundamental Right or else it should be declared void as
per Article 13.
• For a Diverse Society like India, Fundamental Right is mean to Protect and Ensure the Safety of
its members.

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10. Fundamental Duties

The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties’ are
sections of the Constitution of India that prescribe the fundamental obligations of the states
to its citizens and the duties and the rights of the citizens to the State.

The Fundamental Duties were added in the Constitution of India by 42nd Constitutional Amendment Act
of 1976, as per the Recommendation of Swaran Singh Committee.

As per the Recommendation of the Committee, it was felt that it is very important for Citizens to
understand their duties towards India, it’s Constitution and it’s values.

The Fundamental Duties are way of integrating the Indian System of Governance and Indian Tradition,
Religion, Mythology and Practices.

The Fundamental Duties as given in Constitution of India:

1. To abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle
for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do
so.
5. To promote harmony and the spirit of common brotherhood amongst all
the people of India transcending religious, linguistic and regional or
sectional diversities; to renounce practices derogatory to the dignity of
women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes,
rivers, wildlife and to have compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry and
reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour and
achievement.
11. Who is a parent or guardian, to provide opportunities for education to his
child, or as the case may be, ward between the age of six to fourteen years.

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11. Directives Principle of the Constitution Powers and Procedures

The Directive Principles of State Policy are the ideals and values which are to be taken into
Consideration by the State while framing Policies and enact Laws.
On closely taking these in Consideration, it becomes very clear that these are also Rights of
Citizens aiming at promoting India as a State. In 1945, Sapru Committee recommended two
categories of Individual Rights. One which can be enforceable by State and Court and other
which can not. So, Directive Principles of State Policy are the the non-enforceable.
Directive Principles of State Policy are the ‘Instrument of Instructions’ which are
enumerated in the Government of India Act of 1935.

Directive Principles of State Policy:

One aim of the this is to provide Social and Economic Justice and set the path towards the
Welfare State.
Articles under this:
• Article 38: Welfare of People by ensuring Social Order through Justice and to
minimum inequalities in income, status, facilities and opportunities.
• Article 39: Adequate means of livelihood for all Citizens, Equitable Distribution of
the Material resources of the Community for the Common good, prevention of
Concentration of wealth and means of Production, secure equal pay for equal work
for men and women, Preservation of the health and strength of workers and
children against forcible abuse and Secure Opportunities for the healthy
development of children. (Added in 1976 by 42nd Constitutional Amendment Act of
1976).
• Article 39A: Promote Equal Justice and free legal aid to the poor. (Added in 1976 by
42nd Constitutional Amendment Act of 1976).
• Article 41: In case of unemployment, old age, sickness and disablement, Secure are
the citizens: Right to Work, Right to Education and Right to Public Assistance.
• Article 42: Make Provision for Just and Human Conditions of work and maternity
relief.
• Article 43: Secure living wage, a decent standard of living and social and cultural
opportunities for all workers.
• Article 43A: Take steps to secure participation of workers in the management of
Industries. (Added in 1976 by 42nd Constitutional Amendment Act of 1976).
• Article 47: Raise the level of Nutrition and the standard of living of people and to
improve public health.

Another aim of Directive Principles of State Policy is based on Gandhian Principles.

These are the ideologies based on what Gandhiji wanted India to be and Indian Society to be based on.

These were the programmes of Reconstruction of Villages and Society as whole during the
Independence Movement.

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These Principles direct these to the State in following Articles:

• Article 40: Organize Village Panchayats and provide them with necessary powers and authority
to enable them to function as Unit of Self-Government.
• Article 43: Promote Cottage Industries on an individual or co-operation basis in rural areas.
• Artcle 43B: Promote Voluntary formation, autonomous functioning, democratic control and
professional management of co-operative Societies.
• Artcle 46: Promote the educational and economic interests of the Scheduled Tribes, Scheduled
Castes and other weaker sections of the Society and to protect them from social injustice and
exploitation.
• Article 47: Prohibit the consumption of intoxicating drinks and drugs which are injurious to
health.
• Article 48: Prohibit the slaughter of cows, calves and other milch and draught cattle and improve
their breeds.

Another idea of Directive Principles of State Policy is based on Liberal-Intellectual Principles.

These aim to make the Society intellectually sound and high in aspirations.

The articles under Liberal-Intellectual are:

• Artcle 44: Secure for all Citizens a Uniform Cibil Code throughout the country.
• Artcle 45: Provide early Childhood care and education for all children until they complete the
age of 6 years.
• Article 48: Organize Agriculture and animal husbandry on modern and scientific lines.
• Article 48A: To protect and improve the environment and to safeguard forest and wildlife.
(Added in 1976 by 42nd Constitutional Amendment Act of 1976).
• Article 49: Protect monuments, places and objects of Artistic or historic interest which are
declared to be of National Importance.
• Article 50: Separate the Judiciary from the Executive in the Public Service of the State.
• Article 51: Promote International Peace and security and maintain just and honourable relations
between Nations, Foster respect for International Law and Treaty Obligation and Encourage
settlement of International disputes by Arbitration.

12. Parliamentary System

The Constitution of India provides for a Parliament consisting of an elected President and
the two Houses the House of the People (Lok Sabha) and the Council of States (Rajya Sabha).
The President appoints the Prime Minister and, on his advice, the other Ministers of the
Council of Ministers.
The Parliamentary System was chosen as the system of Governance for India because of the
following reasons:
• India was very much influenced by the System of Governance of England.

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• Parliamentary System can accomodate with great Diversity of India both in terms of
Population and Physical diversity.
• In Parliamentary system, there is not a strict division between Legislature and
Executive so it can accommodate and make accountability. It is also called as
‘Responsible Government’.
• In Parliamentary System, Parliament is supreme and the executive is responsible to
the Legislature.

Characteristics of Parliamentary System:

1. Accountability of Executive towards the Parliament which is elected by the

People of India.
2. The working of Executive is secret in term of procedure and this make it a
prerequisite for the Parliamentary form of Government.
3. The leader of the Majority of the Parliament i.e Lok Sabha forms the
Government and heads the Council of Ministers.

Pros and Cons of Parliamentary Systems:

Pros:

• It helps in better Relationship between Law makers and Law executors.

• It prevents the supremacy of any one organ of Governance.
• It makes the Government responsible to Parliament and in this way no Authoritative Behaviour
of Governance.
• India is a diverse country and thus, a house elected by the People would ensure the
Representation of Diverse Population of India.

Cons:

• There is a delay in decision making sometimes as every decision has to get approval from the
Parliament.
• It promotes Majoritarian Party System.
• Separation of Power is not in absolute sense and thus, Accountability can not be ensured
always.

13. Federal System.

Federalism is a system of government in which the same territory is controlled by two levels
of government.

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The State which has two Levels of Government i.e At Central Level and at State level is called
as Federal State.
For a Country to have a Federal System, A Written Constitution, Division of Powers and
Independent Judiciary is very required.

India has Federal System though word Federal is not having mentioned in Constitution of
India.

Federalism in India:
• India has a Federal System but it is more inclined to Centre.
• Division of Power between Centre and States which is given in 7th Schedule. The
power and scope of Governance is divided into Union List, State List and Concurrent
List.
• For a Successful Federal System, Supremacy of People and Constitution is very
important.
• For any dispute redressal between Union and States, a Strong and Independent
Judiciary is very important.

Question for you: Do you feel Federalism is in its true sense in India? Give reasons.

14. Centre-State Relations.

Just now we have discussed the Federalism in India. So, there is a relationship between
Union and State Governments.
As enshrined in the Constitution of India, India is Union of States and thus, it becomes very
imperative as Constitution has divided the Legislative, Executive and Financial Powers
between the Centre and the states. This is called as Federal Structure with an Independent
Judiciary.
The Centre-State Relationship can be categorised in following:
1. Legislative Relations.
2. Administrative Relations.
3. Financial Relations.

Legislative Relations:

In India, under the Article 245 to 255 put at place the Legislative Relations between Centre and State.

• Parliament can make Territorial Laws applicable to States and Legislatures of the State.
• Legislative Subjects are given to both Centre and State.
• In State list, Parliament can make laws as need arises.
• In some areas, there is a Control of Union on State legislation.

Important Articles in this respect:

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Article 245 empowers Centre to give directions to State in exercise of their Executive Powers. (You can
think of an example like Law and Order Issue).
Article 249 authorises Parliament to make Laws in Subjects related to State list in the matter of National
Interest.
Article 250 gives the Parliament the authority to make laws for State during National Emergency i.e
National Emergency under Article 352.
Administrative Relations between Union and State:

The Administrative Relations between Centre and the State comes under Article 256 to Article 263.

For eg. According to Provisions given under Article 256 that State has to ensure compliance with laws
made by Parliament and should give orders for its compliance.

Financial Relations between Union and State Government:

Financial Relations between Centre and State Government comes under Part 12 of the Constitution of
India. It is covered under Article 268 to Article 293.

Taxation: Under Constitution of India, Taxation Revenue is distributed among Centre and State.
Like: Union Government right to decide Taxation on Subject on Union list, State Legislature has
power to levy taxes on subjects mentioned in the State List, In case of Concurrent List, both of
the Union as well as State legislatures have the right to make laws, Residuary Matters are under
the power of the Union Parliament.
Now, we understood that Taxation laws have their specific Jurisdiction so now we should understand
how the Revenue generated through Taxation is being distributed.

Article 268 states that Duties of its kind are levied by Union Government but collected and appropriated
by the States.

As per provision under Article 268A Service Tax (before GST amendment) levied by Union and collected
and appropriated by the Union and the States.

Article 269 talks about the Taxes put and collected by the Union but are given to the States.

Article 270 talks about taxes which are put and collected by Union but are distributed among Union and
the States. (Remember Cooperative Federalism).
Article 271 talks about the Surcharges on Duties and Taxes.
During National Emergency under Article 352, Distribution of Revenue between Union and States can be
changed as per the President of India’s Decision.

During Financial Emergency under Article 360, the financial authority is vested with President as feel and
deemed right in the interest of Nation.

15. Amendments of the Constitutional Powers and Procedures.

Amending the Constitution of India is the process of making changes to the nation’s fundamental
law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article
368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India
and keeps a check on arbitrary power of the Parliament of India.

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Process for the Amendment of the Provisions under Constitution of India:

1. Amendment to the Constitution has to be initiated in the Union Parliament by the mean of Bill.
It can not be initiated in State Legislatures.
2. It can be introduced without permission from the President of India.
3. Any Constitutional Amendment has to be passed in both houses and if in case of Clashes, No
Joint Session can be called for this.
4. There is an extra requirement for any Constitutional Amendment which is related to Federal
Structure should be ratified by the Legislatures of half of the states by Simple Majority.
5. Once bill is passed and ratified, it is sent for Presidential Assent which President cannot refuse
to accept. With Presidential Assent, it becomes an Act and amended the Constitution.

Amendments on the Basis of Types of Majority:

Amendment is a very crucial process as it brings Changes to the Constitution of India. So, there is a
well established process and procedure for this purpose.

One of the basic requirement for a Constitutional Amendment is to get it introduced in any of the
House and get it passed. So, it is very clear that House runs on basis of Majority and anything which
get the majority is stand passed.

So, it becomes very important to understand the types of Majority required:

1. Simple Majority.
2. Special Majority.
3. Special Majority and ratification by at least half of the States.
16. Historical Perspectives of the Constitutional Amendments in India
Constitution of India is dynamic and Organic as it is growing and making the Constitution as per as
needs and aspirations of the Indian Society.
So, one of the reason for the success of the Indian Constitution is these changes which at times of need
brought necessary provisions at place and made the Indian Constitution a Constitution for all.

Some of the Significant Amendments in the Constitution of India:

1. 1st Amendment Act,1951: States were authorised to make Special Provisions for advancement of
Socially and Backward classes.
2. 2nd Amendment Act, 1952: Representation in the Lok Sabha was done on basis of Population as
per the Rule of One member for 7.5 lakhs of Population.
3. 7th Amendment Act,1956: Provision of Common High Court for two or more states, Abolition of
Class category of States (A,B,C and D States) and introduced Union Territories in India.
4. 9th Amendment Act, 1960: With the Agreement with Pakistan of 1958, Adjustment of Territories.
5. 10th Amendment Act, 1962: Dadar and Nagar Haveli came in Union of India as Union Territory.
6. 12th Amendment Act, 1962: Incorporation of Goa, Daman and Diu in India.
7. 13th Amendment Act, 1962: Nagaland was formed and was given Special Status.
8. 14th Amendment Act, 1962: Pondicherry became part of Union of India and till the. The Union
Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu were given Legislature
and Council if Ministers.
9. 19th Amendment Act, 1966: Election Tribunals were abolished and High Courts were given right
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to hear the Petitions related to Elections.

10. 21st Amendment Act, 1967: Sindhi Language in 8th Schedule.
11. 24th Amendment Act, 1971: Assent of President became compulsory for Constitutional
Amendment.
12. 25th Amendment Act, 1971: Right to Property was made a legal right from Fundamental Right.
13. 26th Amendment Act, 1971: Privy Purse and Privileges given to Princess were taken off.
14. 31st Amendment Act, 1972: Seats in Lok Sabha increased from 525 to 545.
15. 35th Amendment Act, 1974: Sikkim was given Associate State of India.
16. 36th Amendment Act, 1975: Full State recognition to Sikkim.
17. 40th Amendment Act, 1976: Parliament was authorised to specify the Territorial Water,
Continental Shelf, Exclusive Economic Zone and Maritime zones of India.
18. 42nd Amendment Act, 1976: Amendment passed during Internal Emergency. Curtailed
Fundamental Rights, Imposed Fundamental Duties and changed the Preamble by adding words
‘Socialist, Secular And Republic'.
19. 44th Amendment Act, 1978: Provides for Human Right Safeguards.
20. 52nd Amendment Act, 1985: Anti Defection Law were added.
21. 61st Amendment Act, 1989: Voting Age to decrease from 21 years to 18 years for Lok Sabha and
Legislative Assemblies election.
22. 65th Amendment Act, 1990: National Commission for SC/ST established.
23. 69th Amendment Act, 1991: Union Territory of Delhi to be given Status of National Capital
Territory of Delhi.
24. 71st Amendment Act, 1992: Konkani, Manipuri and Nepali language to be added in 8th Schedule.
25. 73rd Amendment Act, 1992: Panchayati Raj institutions created.
26. 74th Amendment Act, 1992: Urban Local Bodies to be given Constitutional status.
27. 86th Amendment Act, 2002: Elementary Education was made a Fundamental Right.
28. 88th Amendment Act, 2003: Provision of Service Tax under Article 268A.
29. 101at Amendment Act, 2016: Introduction of Goods and Services Act.
30. 103rd Amendment Act, 2019: 10% Reservation to Economically Weaker Section of the Citizens.
31. 104th Amendment Act, 2020: Extended the deadline for cessation of seats to Scheduled Castes
and Scheduled Tribes in the Lok Sabha and State Assemblies from 70 years to 80 years and
provision for seats Anglo-Indian Community is abolished.
17. Emergency Provisions in Constitution.
An emergency is a situation which arises due to the failure of the government machinery which
causes or demands immediate action from the authority.
According to the Black Law’s Dictionary, “Emergency is a situation which requires quick action
and immediate notice as such a situation causes a threat to the life and property in the nation. It
is a failure of the social system to deliver reasonable conditions of life”
18. National Emergency
National emergency can be declared on the basis of war, external aggression or armed
rebellion. The Constitution employs the expression ‘proclamation of emergency’ to denote
an emergency of this type.
19. President Rule.
In India, President’ s rule is the suspension of state government and imposition of direct Union
government rule in a state. Under Article 356 of the Constitution of India, in the event that a state
government is unable to function according to Constitutional provisions, the Union government
can take direct control of the state machinery. Subsequently, executive authority is exercised
through the centrally appointed governor, who has the authority to appoint other administrators
to assist them. The administrators are usually nonpartisan retired civil servants.
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20. Financial Emergency.

Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a
situation has arisen due to which the financial stability or credit of India or any part of its
territory is threatened. Parliamentary approval and duration.
A proclamation declaring financial emergency must be approved by both the Houses of Parliament
within two months from the date of its issue.
21. Local Self Government
Local government in India refers to governmental jurisdictions below the level of the state. India
is a federal republic with three spheres of government: central, state and local. The 73rd and 74th
constitutional amendments give recognition and protection to local governments and in addition
each state has its own local government legislation. Since 1992, local government in India takes
place in two very distinct forms. Urban localities, covered in the 74th amendment to the
Constitution,[2] have Nagar Palika but derive their powers from the individual state
governments, while the powers of rural localities have been formalized under the panchayati raj
system, under the 73rd amendment to the Constitution.
Concept of Local Self Government evolved through recommendations of following
Important Committees from 1956 to 1986.

Balwant Rai Mehta Commitee 1957:

• Gave idea for three tier Panchayati Raj system ie Gram Panchayat at Village, Block Development
Committee at Block Level (Panchayat Samiti) and Zila Parishad through Indirect Election at
District Level.
• Chairman of Zila Parishad to be District Collector.
• For working of these levels of Governance, transfer of Property was ensured.

Ashok Mehta Commitee

• This committee submitted its recommendations during 1977 to 1978.

• What was three tier proposed in Balwant Rai Mehta Report was replaced by two tier system.
• Political Parties and their representation at these levels.
• Taxation rights to these bodies.
• Minister for Panchayti Raj by State Council of Ministers.
• Panchayati Raj Institutions to be given Constitutional Mandate.

GVK Rao Committee.

• This committee submitted its recommendations in 1985.

• Zila Parishad as the important institution for development projects.
• At Local Level, Local Self Government to be given name of Panchayat and Municipality.
• 73rd Amendment Act provided for Gram Sabha as foundation of Panchayti Raj System.
• States are gjven authority to decide nature and type of Governance level at Village level.
• 74th Constitutional Amendment Act give provisions for three types of Municipalities ie Nagar
Panchayat between Rural and Urban areas, Municipal Council for a small urban area and
Municipal Corporation for a Big Urban areas.

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