The Constitution of India:

An Introduction
By
Farha Rahman E
5th sem B.Com LLB.,
School of Legal Studies, CUSAT
 ● The basics of CoI

Contents
● Emphasising on fundamental
rights and duties.
●
Objective
The objective of this lecture is to introduce the Constitution of India, its core principles, and its significance as
the supreme law of the land. By the end of the lecture, students will:

1. Understand the historical background and purpose of the Indian Constitution.

2. Be familiar with the key components, including the Preamble, Fundamental Rights, Fundamental Duties,
and Directive Principles of State Policy.
3. Gain insight into the structure of government and the principle of separation of powers.
4. Appreciate the role of the Judiciary and landmark constitutional cases in shaping Indian law.
5. Recognize the importance of constitutional amendments and their impact on governance and society.

This objective ensures that the lecture provides a comprehensive yet accessible introduction to the Constitution.
Introduction to the Fundamental Rights and Amendments to the
Constitution of India, Fundamental Duties,
Constitutional Rights Constitution, Landmark
Preamble, Structure of the
Constitution cases and Judicial Review

I II III IV V

Salient features of the Directive Principles of

Constitution, State Policy (DPSP),
Separation of Powers Constitutional Institutions
1. Introduction to the Indian Constitution.
2. The Preamble.
3. The Structure of the Indian Constitution.
4. Sources of the Indian Constitution.
The Introduction to the Constitution of India
❖ The constitution is the supreme law of India. ❖ The members of the constituent assembly - 11
❖ A written document which lays down the sessions and 167 days to frame the Constitution,
framework demarcating fundamental basic code, over a period of 2 years and 11 months.
structure, procedures, powers, and duties of ❖ The Constitution provides for a Parliamentary
form of government which is federal in structure
Government and its organizations and rights &
with certain unitary features.
duties of the citizen.
❖ The constitutional head of the Executive of the
❖ Was adopted by the Constituent Assembly on 26th Union is the President.
November 1949. ❖ Dr. Bhim Rao Ambedkar is regarded as the chief
❖ Came into force on 26th January 1950. Architect of Indian Constitution.
❖ At the time of its adoption, the Constitution ❖ Dr. Rajendra Prasad, the first President of India
contained 395 Articles, 22 parts and 8 Schedules become the first person to sign the constitution of
and was about 145,000 words long, making it the India.
longest national Constitution to ever be adopted. ❖ The Constitution of India is neither printed nor
❖ The number of articles has since increased to 448 typed. It is handwritten and calligraphed in both
Hindi and English.
due to 105 amendments( as of now). And currently
it is 146385 words long. And has 12 Schedules and
25 parts.
 PREAMBLE
❖ Preamble: a preliminary or preparatory
statement; an introduction.
❖ It explains a documents philosophy and
objectives.
❖ In a Constitution, it presents the intention of
its framers, the history behind its creation,
and the core values and principles of the
nation.
❖ The preamble basically gives idea of the following
things/objects:
1. Source of authority of the Constitution
2. Nature of Indian State
3. Statement of its objectives
4. Date of its adoption
The Structure of the Indian Constitution

❖ A “Part” of the Constitution refers to a ❖ A “Schedule” refers to a list or a table

division within the Constitution that groups attached to the Constitution that details
together Articles on similar subjects or certain additional information or guidelines
themes. relevant to the constitutional provisions.
❖ The Indian Constitution is structured into
❖ They provide clarity and supplementary
various Parts, each dealing with a specific
details, making the Constitution more
aspect of the country’s legal, administrative,
comprehensive and functional.
or governmental framework.
❖ An “Article” refers to a specific provision or
clause within the Constitution that details
various aspects of the country’s legal and
governmental framework.
❖ Each part of the constitution contains several
articles numbered sequentially.
 Sources of the Constitution of India
● Government of India Act of 1935 – Federal Scheme, ● Canadian Constitution – Federation with a strong Centre
Office of Governor, Judiciary, Public Service vesting of residuary powers in the Centre, appointment of
Commissions, Emergency Provisions, and state governors by the Centre, and advisory jurisdiction of
Administrative Details. the Supreme Court.
● British Constitution – Parliamentary System of ● Australian Constitution – Concurrent List, Freedom of
Government, Rule of Law, Legislative Procedure, Single Trade, Commerce & Intercourse, and a Joint Sitting of the
Citizenship, Cabinet System, Prerogative Writs, two Houses of Parliament.
Parliamentary Privileges, and Bicameralism. ● Weimar Constitution of Germany – Suspension of
Fundamental Rights during Emergency.
● US Constitution – Fundamental Rights, Independence
● Soviet Constitution (USSR, now Russia) – Fundamental
of the Judiciary, Judicial Review, Impeachment of the
duties and the ideal of Justice (Social, Economic, and
President, Removal of Supreme Court and High Court
Political) in the Preamble.
Judges, and the Post of the Vice-President. ● French Constitution – Republic and the ideals of Liberty,
● Irish Constitution – Directive Principles of State Equality, and Fraternity in the Preamble.
Policy, the Nomination of Members to Rajya Sabha, and ● South African Constitution – Procedure for amendment of
Method of Election of the President. the Constitution and election of members of Rajya Sabha.
● Japanese Constitution – Procedure established by law.
4. Salient features of the Constitution
5. Separation of Power
Salient Features of the Constitution
1. The Lengthiest Constitution in the World
2. Parliamentary Form of Government
3. Unique Blend of Rigidity and Flexibility
4. Fundamental Rights
5. Directive Principles of State Policy
6. Fundamental Duties
7. Federal System of Government
8. Universal Adult Franchise
9. An Independent and integrated Judiciary
10. Single Citizenship
11. Secular State
12. Separation of Powers
13. Emergency Provisions
14. Three tier Government
Separation of Powers
❖ “Separation of powers” or “trias–politica “ was initiated by Charles de Montesquieu in his book
“Espirit des Louis” published in 1747. (The spirit of the laws).
❖ In general, this doctrine is rigid in nature. But in India, there is no strict separation of powers,
rather a separation of functions.
❖ It is to prevent abuse of power by a single person or a group of individuals. It will guard the society
against the arbitrary, irrational and tyrannical powers of the state, safeguard freedom for all and
allocate each function to the suitable organs of the state for effective discharge of their respective
duties.
❖ Ensures check and balance.
❖ Independent judiciary
❖ Preventing conflict of interest
❖ Avoiding arbitrary law making.
❖ This prevents any one branch from overstepping its boundaries and ensures that laws and executive
actions remain within the framework of the Constitution.
Three organs of the Government
1. Legislature: The chief function of the legislature is to enact laws.

It is the basis for the functioning of the other two organs, the executive and the judiciary. It is also
sometimes accorded the first place among the three organs because until and unless laws are enacted, there
can be no implementation and application of laws.

2. Executive: The executive is the organ that implements the laws enacted by the legislature and enforces the
will of the state.

It is the administrative head of the government. Ministers including the Prime/Chief Ministers and
President/Governors form part of the executive.

3. Judiciary: The judiciary is that branch of the government that interprets the law, settles disputes and
administers justice to all citizens.

The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution. It
comprises of the Supreme Court, the High Courts, District and other subordinate courts.
Constitutional Status of Separation of Powers
❖ Under the Indian Constitution:
a. Legislature- Parliament ( Lok Sabha and Rajya Sabha), State legislative bodies.
b. Executive- At the central level- President, At the state level- Governor.
c. Judiciary- Supreme Court, High Court, district courts and all other subordinate courts.
❖ Article 50: This article puts an obligation over the State to separate the judiciary from the executive.
But, since this falls under the Directive Principles of State Policy, it is not enforceable.
❖ Articles 53 and 154: It provide that the executive power of the Union and the State shall be vested
with the President and the Governor and they enjoy immunity from civil and criminal liability.
❖ Articles 121 and 211: These provide that the legislatures cannot discuss the conduct of a judge of
the Supreme Court or High Court. They can do so only in case of impeachment.
❖ Article 123: The President, being the executive head of the country, is empowered to exercise
legislative powers (Promulgate ordinances) in certain conditions.
❖ Article 361: The President and Governors enjoy immunity from court proceedings., they shall not be
answerable to any court for the exercise and performance of the powers and duties of his office.
Fundamental Rights
❖ Fundamental Rights are provided in Part III of 1. Right to Equality (Article 14-18)
the Constitution (Articles 12-35) and ensure 2. Right to Freedom (Article 19-22)
equality, freedom, protection from exploitation,
cultural freedom, religious freedom, and the
3. Right against Exploitation (Article 23-24)
right to constitutional remedies. 4. Right to Freedom of Religion (Article
❖ These rights are enforceable by the courts, meaning 25-28)
individuals can approach the Supreme Court or High 5. Cultural and Educational Rights (Article
Courts for violations. (justiciable)
❖ There was one more fundamental right in the Indian 29-30)
Constitution, i.e., the right to property. However, this 6. Right to Constitutional Remedies
right was removed from the list of fundamental rights (Article 32)
by the 44th Constitutional Amendment. This was
because this right proved to be a hindrance towards
attaining the goal of socialism and redistributing
wealth (property) equitably among the people.
Right to Equality
❖ Article 14 - 18
❖ Guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It
ensures equal employment opportunities in the government and insures against discrimination by
the State in matters of employment on the basis of caste, religion, etc. This right also includes the
abolition of titles as well as untouchability.
❖ Article 14: Equality before law and equal protection of the laws. (positive discrimination)
❖ Article 15: Prohibition of discrimination.
❖ Article 16: Equality of opportunity in Public Employment.
❖ Article 17: Abolition of untouchability—significant in addressing caste-based discrimination.
❖ Article 18: Abolition of title.
Right to Freedom (Art 19 - 22)
❖ Article 19
1. Freedom of speech and expression: The State guarantees freedom of speech and expression to every
person of India. However, the State can impose restrictions on the freedom of speech and expression
in the interests of the integrity, security and sovereignty of the country, friendly relations with
foreign nations, for public order, with respect to defamation, incitement to offence or contempt of
court. (Art 19(1)(a)
2. Freedom to assemble (Art 19(1)(b)
3. Freedom to form associations/unions/cooperative societies (Art 19(1)(c)
4. Freedom to move freely: A citizen of India can move freely throughout the territory of India. But
this right can also be restricted on the grounds of security, public order or for protecting the
interests of the Scheduled Tribes.(Art 19(1)(d)
5. Freedom of residence (Art 19(1)(e)
6. Freedom of profession (Art 19(1)(g)
❖ Article 20

Article 20 deals with the protection of citizens in respect of conviction for offences. This provides for three types
of protection of the individual against the State.

1. Retrospective criminal legislation: This is also known as ex-post-facto criminal legislation. Under this, a
person cannot be convicted for an act that was committed at a time when the act had not been declared by
law as an offence.
1. This means that criminal legislation cannot be given a retrospective effect.
2. This immunity cannot be used against the provision of preventive detention, and also does not cover
the trial.
3. The law also provides that a person cannot be subject to a punishment greater than what is
prescribed by law for the offence committed.
2. Double jeopardy: This indicates that a person cannot be convicted for the same offence more than once.
3. Prohibition against self-incrimination: This implies that no person accused of an offence shall be
compelled by the State to bear witness against himself.
❖ Art. 21 Right to Life and Personal Liberty

Article 21 states that no person shall be deprived of his life and personal liberty by the State except as per
the procedure established by law. This article has a wide scope and its interpretation has undergone
many changes over the decades.

● The Supreme Court has interpreted the right to life as the right to a dignified life.
● This is the most important right in one sense, because, without this right to life, all other
fundamental rights would be meaningless.
● It is this article that differentiates between a police state and a constitutional state.
❖ Art. 21 A

This article was introduced by the 86th Constitutional Amendment in 2002. It provides that the State
shall provide free and compulsory education to all children between the ages of 6 and 14.
Right against Exploitation

❖ Article 23 -24
❖ This right implies the prohibition of traffic in human beings, begar, and other forms of forced
labour. It also implies the prohibition of employment of children in factories, etc. The
Constitution prohibits the employment of children under 14 years in hazardous conditions.
❖ Article 24 says that “No child below the age of fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.”
Right to Freedom of Religion
❖ Article 25- 28
Article 25 guarantees the freedom of conscience, the freedom to profess, practice, and propagate religion to all
citizens.

● The above-mentioned freedoms are subject to public order, health, and morality.
● This article also gives a provision that the State can make laws:
○ That regulates and restricts any financial, economic, political, or other secular activity associated
with any religious practice.
○ That provides for the social welfare and reform or opening up of Hindu religious institutions of a
public character to all sections and classes of Hindus. Under this provision, Hindus are construed
as including the people professing the Sikh, Jain, or Buddhist religions, and Hindu institutions shall
also be construed accordingly.
● People of the Sikh faith wearing & carrying the kirpan shall be considered included in the profession of the
Sikh religion.
❖ Article 26 (Freedom to manage religious affairs)
❖ Article 27 (Freedom as to payment of taxes for promotion of any particular religion)
❖ Article 28 (Freedom as to attendance at religious instruction or religious worship in certain educational
institutions)
Cultural and Educational Rights
❖ Art 29 - 30
❖ These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to
preserve their heritage and culture. Educational rights are for ensuring education for everyone
without any discrimination.
Right to Constitutional Remedies
❖ Art 32 -35
❖ The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government
cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can
approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for
enforcing fundamental rights.