Notes - Units 1 and 2

UNIT 1: Evolution of Indian Constitution

1. Gandhiji's Declaration (1922)

  • 1922 speech by Gandhiji on 'Swaraj' emphasized the need for an Indian-formed Constitution.

  • Marked as the starting point for the evolution of the Indian Constitution.

2. Nehru Report and All Parties Conference (1928)

  • Convened in Lahore under Motilal Nehru's leadership.

  • Document from the meeting demanded fundamental rights from the British.

3. Government of India Act (1935)

  • Enacted by the British Parliament to provide rights to Indians.

  • Considered a direct source of the Indian Constitution.

4. Cripps Mission (1942)

  • Proposal by Stafford Cripps for Indian independence after WWII.

  • Major Indian political parties rejected the proposal, leading to its failure.

5. Quit India Movement (1942)

  • Emerged as a response to the failure of the Cripps Mission.

  • A nationwide protest demanding immediate independence from British rule.

6. Cabinet Mission (1946)

  • Following the Quit India Movement, Britain decided to grant independence.

  • Cabinet Mission was appointed to recommend the transfer of political authority to India.

  • Election for the constituent assembly held, but conflict arose between INC and Muslim League.

7. Mountbatten's Plan (1947)

  • Proposed partition of British India into two countries on communal lines.

  • Suggested division of Punjab and Bengal and creation of separate constituent assemblies.

  • Resulted in the creation of India and Pakistan.

8. Indian Independence Act (1947)

  • Provided official recognition to the division of the country.

9. Indian Independence Day (15th August 1947)

  • Official independence of India marked the end of 200 years of British rule.

10. Preparation of Draft Indian Constitution (1948)

  • Constituent assembly gathered to draft the Constitution post-independence.

  • Draft submitted by the drafting committee in 1948.

11. Adoption of Constitution by the Constituent Assembly (26th November 1949)

  • The original Constitution adopted on this date.

12. Republic Day (26th January 1950)

  • Date signifying the commencement of the Indian Constitution.

Important Committees within Constituent Assembly

  • Chairman of Constituent Assembly: Dr. Rajendra Prasad

  • Drafting Committee Chair: Dr. B.R. Ambedkar

  • Steering Committee: Jawaharlal Nehru

  • Fundamental Rights Committee: Sardar Vallabhbhai Patel

  • States Committee: Dr. Rajendra Prasad

  • Constitutional Advisor: B.N. Rao

UNIT 2: Salient Features of Indian Constitution

1. Characteristics

  • Cream of several Constitutions:

    • Fundamental Rights from the Constitution of the USA

    • Parliamentary system from the Constitution of the UK

    • Directive Principles from the Constitution of Ireland.

    • Emergency Provisions from Germany and the Government of India Act, 1935.

  • Lengthy Hand-Written Constitution: Initially 395 Articles, now 470 Articles, divided into 25 parts and 12 schedules.

  • Partly Flexible and Partly Rigid: Some amendments are easy; others require stricter procedures (104 amendments to date).

  • Single Citizenship

  • Independent Judiciary

  • Special Provisions for Backward Classes

2. The Preamble

  • Represents the ideals of the Constitution:

    • Sovereignty: Supreme power to the nation.

    • Socialism: Control of production by the state.

    • Secularism: Equal respect and treatment towards all religions.

    • Democracy: Government elected by the people.

    • Republic: Elected head of the state with no special privileges.

    • Justice: Emphasizes social, economic, and political justice.

    • Liberty: Freedom of thoughts, expression, belief, faith, and worship.

    • Equality: Status and opportunity equality.

    • Fraternity: Promoting dignity and unity of the nation.

  • Preamble is seen as the soul of the Constitution, derived from the people's will.

3. Fundamental Rights (Articles 12-35)

  • Classified into six groups:

    1. Right to Equality (Articles 14-18)

    2. Right to Freedom (Articles 19-22)

    3. Rights Against Exploitation (Articles 23-24)

    4. Right to Freedom of Religion (Articles 25-28)

    5. Cultural and Educational Rights (Articles 29-30)

    6. Right to Constitutional Remedies (Articles 32-35)

A. Details of Fundamental Rights

  • Right to Equality (Articles 14-18):

    • Article 14: Equality before law.

    • Article 15: Prohibition of discrimination.

    • Article 16: Equality of opportunity in public employment.

    • Article 17: Abolition of untouchability.

    • Article 18: Abolition of titles.

  • Right to Freedom (Articles 19-22):

    • Article 19: Six fundamental freedoms with reasonable restrictions.

    • Article 20: Rights of an accused.

    • Article 21: Right to life and personal liberty.

    • Article 21A: Right to education.

    • Article 22: Rights of arrested persons.

  • Rights Against Exploitation:

    • Article 23: Prohibits human trafficking and forced labor.

    • Article 24: Prohibits child labor in hazardous industries.

  • Right to Freedom of Religion (Articles 25-28):

    • Article 25: Right to profess, practice, and propagate religion.

    • Article 26: Rights of religious groups.

    • Article 27: Freedom from religion promotion taxation.

    • Article 28: Prohibition of religious instruction in state-funded schools.

  • Cultural and Educational Rights (Articles 29-30):

    • Article 29: Rights of minorities to preserve their culture.

    • Article 30: Rights to establish and administer educational institutions.

  • Right to Constitutional Remedies (Article 32):

    • Right to approach the Supreme Court in case of fundamental rights violation.

    • Power to issue writs: Habeas Corpus, Mandamus, Quo-Warranto, Prohibition, Certiorari.

B. Fundamental Duties (Article 51A)

  • 11 duties to be followed voluntarily by citizens:

    • To abide by the Constitution.

    • To cherish and follow the ideals of freedom struggle.

    • To protect the sovereignty of the nation.

    • To defend the country.

    • To promote harmony.

    • To preserve composite culture.

    • To protect the natural environment.

    • To promote scientific spirit.

    • To protect public property.

    • To strive for excellence.

    • To provide educational opportunities to children (Article 51-A (k)).

C. Special Provisions for Scheduled Castes (SC) and Scheduled Tribes (ST)

  • Various Articles (340, 330, 332, etc.) provide for reservations and protections in Lok Sabha, State Assemblies, Panchayats, and in public employment.

  • Article 17 abolishes untouchability.

D. Special Provisions for Women

  • Articles 15(3), 23, 39, and 42 focus on protections and equal rights for women, including equal pay and maternity relief.

E. Special Provisions for Children

  • Article 21A guarantees the right to education.

  • Articles 45 and 24 support early childhood education and prohibit child labor in hazardous conditions.