PART-I: CONSTITUTIONAL FRAMEWORK
Chapter 1: Historical Background
Summary:
Britishers came for trade (East India Company, 1600), but slowly took political control after 1765 (Diwani Rights). After 1857 Revolt, direct British Rule started.
Important Acts:
- Regulating Act, 1773
- 1st attempt to regulate East India Company.
- Governor of Bengal → Governor-General of Bengal (Warren Hastings).
- Supreme Court set up at Calcutta.
- Pitt’s India Act, 1784
- Board of Control created → Dual system of governance.
- Charter Act, 1833
- Governor-General of India (William Bentinck).
- End of Company’s commercial functions.
- Charter Act, 1853
- Separate Legislative Council created.
- Government of India Act, 1858
- End of Company Rule → Power transferred to British Crown.
- Created the office of Secretary of State for India.
- Indian Councils Act, 1861
- Beginning of legislative decentralization.
- Indians nominated to the legislature.
- Indian Councils Act, 1909 (Morley-Minto Reforms)
- Separate electorate for Muslims → Legalized communalism.
- Government of India Act, 1919 (Montagu-Chelmsford Reforms)
- Dyarchy in provinces (Transferred and Reserved Subjects).
- Direct elections introduced.
- Government of India Act, 1935
- Provincial Autonomy established.
- Proposed All-India Federation (never happened).
- Indian Independence Act, 1947
- End of British rule.
- Creation of India and Pakistan as two dominions.
Chapter 2: Making of the Constitution
Summary:
The demand for a Constituent Assembly was accepted by the British Government (Cabinet Mission Plan, 1946). The Assembly framed the Constitution between 1946-1950.
Important Points:
- M.N. Roy first proposed Constituent Assembly (1934).
- Constituent Assembly formed in 1946.
- Dr. Sachidananda Sinha: 1st temporary President.
- Dr. Rajendra Prasad: Elected permanent President.
- Drafting Committee Chairperson: Dr. B.R. Ambedkar.
- Objectives Resolution: Introduced by Jawaharlal Nehru (basis of Preamble).
- Adoption Date: 26th November 1949.
- Enforcement Date: 26th January 1950 (celebrated as Republic Day).
Chapter 3: Salient Features of the Constitution
Summary:
The Indian Constitution is unique for its length, federal structure with a unitary tilt, parliamentary form, and comprehensive rights and duties.
Salient Features:
- Lengthiest Written Constitution in the world.
- Blend of Rigidity and Flexibility (e.g., easy and tough amendments).
- Federal System with Unitary Bias (Center stronger).
- Parliamentary Form of Government (like UK).
- Secular State (equal respect to all religions).
- Independent Judiciary (Judicial Review available).
- Universal Adult Franchise (everyone above 18 can vote).
- Single Citizenship (only Indian citizenship).
- Integrated and Independent Judiciary (Supreme Court → High Court → Subordinate Courts).
- Emergency Provisions (Center can take total control during crises).
Chapter 4: Preamble of the Constitution
Summary:
The Preamble is the soul of the Constitution. It declares India as Sovereign, Socialist, Secular, Democratic, and Republic.
Important Points:
- Preamble adopted: 26 November 1949.
- Describes India as:
- Sovereign → Free from external control.
- Socialist → Economic and social equality (added by 42nd Amendment, 1976).
- Secular → Equal respect for all religions (added by 42nd Amendment).
- Democratic → Power lies with the people.
- Republic → Head of the State is elected (not hereditary).
- Preamble acts as:
- Introduction to the Constitution.
- Reflects the aims and philosophy of the Constitution.
- Is Preamble part of the Constitution? → Yes (Kesavananda Bharati case, 1973).
- Can Preamble be amended? → Yes (Berubari Union case, 1960).
Chapter 5: Union and its Territory
Summary:
It deals with the structure, formation, and alteration of Indian states and Union territories.
Important Points:
- Article 1: India = Union of States.
- Formation of new states: Power lies with Parliament (Article 3).
- Evolution:
- 1956 → Major reorganization based on language (States Reorganisation Act).
- Latest addition: Jammu & Kashmir reorganized in 2019 into two Union Territories.
Chapter 6: Citizenship
Summary:
Citizenship defines the legal membership of a person in the country. The Constitution provides for citizenship at the commencement and empowers Parliament to regulate citizenship later.
Important Points:
- Articles 5 to 11 → Deal with Citizenship.
- Constitutional Provisions:
- Article 5: Citizenship at the commencement of the Constitution (1950).
- Article 6: Rights of migrants from Pakistan.
- Article 7: Rights of people who migrated to Pakistan but returned.
- Article 8: Citizenship of Indians abroad.
- Article 9: No dual citizenship (cannot be citizen of India and another country).
- Article 10: Continuance of rights of citizenship.
- Article 11: Parliament’s power to regulate citizenship.
- Citizenship Act, 1955:
Provides acquisition and loss of citizenship:- By Birth
- By Descent
- By Registration
- By Naturalization
- By Incorporation of Territory
- Overseas Citizenship of India (OCI):
- Not full citizenship (no voting rights).
- Special status for people of Indian origin abroad.
Key Highlight:
India does not allow dual citizenship.
Chapter 7: Fundamental Rights
Summary:
Fundamental Rights are enshrined to guarantee individual liberty and protect against arbitrary state actions.
Important Points:
- Articles 12 to 35 → Fundamental Rights.
Six Fundamental Rights (Originally Seven):
- Right to Equality (Art 14-18)
- Equality before law, prohibition of discrimination, abolition of untouchability and titles.
- Right to Freedom (Art 19-22)
- Freedom of speech, assembly, association, movement, residence, profession.
- Protection in respect of conviction for offenses.
- Protection of life and personal liberty (Article 21).
- Right against Exploitation (Art 23-24)
- Prohibition of human trafficking and child labor.
- Right to Freedom of Religion (Art 25-28)
- Freedom of conscience and free profession, practice and propagation of religion.
- Cultural and Educational Rights (Art 29-30)
- Protection of interests of minorities.
- Right to Constitutional Remedies (Art 32)
- Right to move to Supreme Court/High Courts for enforcement of rights (Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto).
Special Points:
- Article 31 (Right to Property) → Removed by 44th Amendment (1978), now a legal right under Article 300-A.
- Fundamental Rights can be restricted during Emergency.
- Article 21A (Right to Education) was added by 86th Amendment Act, 2002.
Key Highlight:
Dr. B.R. Ambedkar called Article 32 (Right to Constitutional Remedies) the “Heart and Soul of the Constitution.”
Chapter 8: Directive Principles of State Policy (DPSP)
Summary:
DPSPs are guidelines for the government to establish a just society.
Important Points:
- Articles 36 to 51 → Deal with DPSPs.
Classification:
- Socialistic Principles:
- Right to adequate livelihood, equal pay for equal work, health, education.
- Gandhian Principles:
- Organization of village panchayats, promotion of cottage industries.
- Liberal-Intellectual Principles:
- Uniform civil code, separation of judiciary from executive.
Important New DPSPs (Added Later):
- Protection of environment (42nd Amendment, 1976).
- Promotion of international peace and security.
Key Differences with Fundamental Rights:
- Fundamental Rights → Justiciable (can be enforced in court).
- DPSP → Non-justiciable (cannot be enforced legally).
Key Highlight:
DPSPs aim to achieve economic democracy.
Chapter 9: Fundamental Duties
Summary:
Fundamental Duties remind citizens that while enjoying rights, they also have duties towards the country.
Important Points:
- Article 51A → Lists 11 Fundamental Duties.
- Added by: 42nd Constitutional Amendment Act, 1976.
- Based on: Soviet Union Constitution (USSR).
Main Duties Include:
- Abide by the Constitution and respect its ideals and institutions.
- Uphold and protect sovereignty, unity and integrity of India.
- Promote harmony and brotherhood.
- Protect environment, heritage, culture.
- Strive for excellence in all spheres.
Verma Committee (1999):
Suggested legal provisions to implement Fundamental Duties.
Key Highlight:
Originally, there were 10 duties; 11th duty (regarding education of children) added by 86th Amendment, 2002.
Chapter 10: Amendment of the Constitution
Summary:
The Constitution can be amended to meet the changing needs and aspirations.
Important Points:
- Article 368 → Deals with Amendment procedure.
Types of Amendments:
- By simple majority of Parliament (e.g., admission of new states).
- By special majority of Parliament (e.g., Fundamental Rights, DPSP).
- By special majority + ratification by half of state legislatures (e.g., Election of President, Judiciary structure).
Notable Amendments:
- 42nd Amendment (1976): Mini-Constitution (strengthened central government, added Fundamental Duties, words “Socialist” and “Secular” to Preamble).
- 44th Amendment (1978): Restored many rights curtailed during Emergency.
- 73rd and 74th Amendments (1992): Strengthened Panchayati Raj and Municipalities.
Key Highlight:
Amendability of Preamble:
- Yes, Preamble can be amended (Kesavananda Bharati Case, 1973), but Basic Structure cannot be destroyed.
Chapter 11: Basic Structure of the Constitution
Summary:
Supreme Court established the Basic Structure doctrine — Parliament can amend the Constitution but cannot alter its essential features.
Important Points:
- Basic Structure Doctrine: Given by Kesavananda Bharati case, 1973.
Elements of Basic Structure (Examples):
- Supremacy of the Constitution.
- Secular character of the Constitution.
- Separation of powers.
- Federal character of the Constitution.
- Sovereign, democratic, republican nature of the Indian polity.
- Judicial review.
- Rule of law.
Key Highlight:
Basic structure is not mentioned explicitly anywhere in the Constitution — it is a judicial innovation.