Upload
ganusiv
View
248
Download
0
Embed Size (px)
Citation preview
7/28/2019 Indian Cons and Polity
1/88
History of Indian Administrative SystemHistory of Indian Administrative system reveals that an organised system of governance was inplace right from ancient times when monarchy was the main form of Government. Throughout
the long course of its development, there have been two factors that were a constant in
administration- the basic units of the villages and the co-ordination between centralisation and
de-centralisation.
More on History of Indian Administrative System
Indian Administrative
System in Ancient PeriodIndian Administrative
System in Muslim PeriodJudicial Administration in
Ancient India
Taxation in Ancient South
India
Revenue System in Ancient
India
Mandala Theory of Indian
Foreign Policy
Secretariat in Ancient India Ministerial Departments in
Ancient India
http://www.indianetzone.com/40/ancient_indian_political_system.htmhttp://www.indianetzone.com/40/ancient_indian_political_system.htmhttp://www.indianetzone.com/51/indian_administrative_system_muslim_period.htmhttp://www.indianetzone.com/51/indian_administrative_system_muslim_period.htmhttp://www.indianetzone.com/57/judicial_administration_ancient_india.htmhttp://www.indianetzone.com/57/judicial_administration_ancient_india.htmhttp://www.indianetzone.com/57/taxation_ancient_south_india.htmhttp://www.indianetzone.com/57/taxation_ancient_south_india.htmhttp://www.indianetzone.com/57/revenue_system_ancient_india.htmhttp://www.indianetzone.com/57/revenue_system_ancient_india.htmhttp://www.indianetzone.com/57/mandala_theory_indian_foreign_policy.htmhttp://www.indianetzone.com/57/mandala_theory_indian_foreign_policy.htmhttp://www.indianetzone.com/57/secretariat_ancient_india.htmhttp://www.indianetzone.com/57/ministerial_departments_ancient_india.htmhttp://www.indianetzone.com/57/ministerial_departments_ancient_india.htmhttp://www.indianetzone.com/51/indian_administrative_system_muslim_period.htmhttp://www.indianetzone.com/51/indian_administrative_system_muslim_period.htmhttp://www.indianetzone.com/57/judicial_administration_ancient_india.htmhttp://www.indianetzone.com/57/judicial_administration_ancient_india.htmhttp://www.indianetzone.com/57/taxation_ancient_south_india.htmhttp://www.indianetzone.com/57/taxation_ancient_south_india.htmhttp://www.indianetzone.com/57/revenue_system_ancient_india.htmhttp://www.indianetzone.com/57/revenue_system_ancient_india.htmhttp://www.indianetzone.com/57/mandala_theory_indian_foreign_policy.htmhttp://www.indianetzone.com/57/mandala_theory_indian_foreign_policy.htmhttp://www.indianetzone.com/57/secretariat_ancient_india.htmhttp://www.indianetzone.com/57/ministerial_departments_ancient_india.htmhttp://www.indianetzone.com/57/ministerial_departments_ancient_india.htmhttp://www.indianetzone.com/40/ancient_indian_political_system.htmhttp://www.indianetzone.com/40/ancient_indian_political_system.htm7/28/2019 Indian Cons and Polity
2/88
History of Indian administration traces its earliest known
form to the monarchical system. Since the earliest times, the
monarchical system was used in public administration in theexecution of governmental functions. In the long history of
Indian administration, a number of administrative
organisations rose and fell. However, there are two basicfeatures of the Indian administrative system which continued
right down the ages- the importance of the villages as a
primary unit and co-ordination between the two oppositetrends of centralisation and decentralisation. To put it in a
nutshell the present administration is a developed form of the
old administrative system.
Abundant sources are available to get a clear picture of the
history of Indian administrative system. A lot of information
regarding the organisation and functions of Indian
administration is obtained from Vedic literature, Buddhisttreatises, Jain literatures, Dharmasastras, Indian Puranas,
Ramayana, Mahabharata,Manu Smriti, Sukra Niti andArthashastra.
The powers of administering the states were centralisedin the hands of the king during the ancient period in
India. During the Vedic period the king was assisted in
his work by many officers. He was surrounded by a circle
of his friends and principal officers. There is a referenceregarding this in the two epics of Ramayana and
Mahabharata. A similar reference is also to be found in
Manu Smriti and Sukra Niti. In Kautilya`s Arthashastra isobtained a detailed account about the offices of the state
for the first time in the history of India. By this time
administrative system was fully developed. Thus thedevelopment of the ancient Indian administration had
reached its peak during the reigns ofChandragupta
Mauryaand Ashoka. Mauryan administrative institutions
were further developed during the period of the Guptas.Their period witnessed multifarious activities in the field
of excellent administration.
The decentralisation process had started in ancient India. As a result of this, empires were
divided into provinces, provinces into districts and districts into urban and rural centres fromadministrative angle. During the ancient period state administration was divided into numerous
departments. In Vedic times the number of such departments was limited. Gradually, the number
of such departments increased and their jurisdiction extended. For this we get many referencescan be obtained from Vedic literatures and subsequent sources. In ancient Indian administration
there is also found a description of the principles of public administration. Thus, the principle of
hierarchy had been given a practical shape and seeds of co-ordination were present between
http://www.indianetzone.com/13/vedic_literature.htmhttp://www.indianetzone.com/2/indian_puranas.htmhttp://www.indianetzone.com/2/ramayana.htmhttp://www.indianetzone.com/2/mahabharata.htmhttp://www.indianetzone.com/2/mahabharata.htmhttp://www.indianetzone.com/6/manu_smriti.htmhttp://www.indianetzone.com/6/manu_smriti.htmhttp://www.indianetzone.com/25/kautilya_s_arthasastra.htmhttp://www.indianetzone.com/34/kautilyam_chanakya_indian_mythology.htmhttp://www.indianetzone.com/7/chandragupta_maurya.htmhttp://www.indianetzone.com/7/chandragupta_maurya.htmhttp://www.indianetzone.com/7/chandragupta_maurya.htmhttp://www.indianetzone.com/7/chandragupta_maurya.htmhttp://www.indianetzone.com/6/ashoka_maurya.htmhttp://www.indianetzone.com/6/ashoka_maurya.htmhttp://www.indianetzone.com/13/vedic_literature.htmhttp://www.indianetzone.com/2/indian_puranas.htmhttp://www.indianetzone.com/2/ramayana.htmhttp://www.indianetzone.com/2/mahabharata.htmhttp://www.indianetzone.com/6/manu_smriti.htmhttp://www.indianetzone.com/25/kautilya_s_arthasastra.htmhttp://www.indianetzone.com/34/kautilyam_chanakya_indian_mythology.htmhttp://www.indianetzone.com/7/chandragupta_maurya.htmhttp://www.indianetzone.com/7/chandragupta_maurya.htmhttp://www.indianetzone.com/6/ashoka_maurya.htm7/28/2019 Indian Cons and Polity
3/88
different departments. Such a full-fledged administrative system existed in the reigns of
Chandragupta Maurya and Ashoka. Great emphasis was placed on observation and inspection
along with the principle of hierarchy.
Like the present day personnel system mention is made in ancient administration system of the
recruitment, qualifications, salaries, leave, pension etc., of government employees. At that timemerit, efficiency and being a member of the elite group were given special emphasis. During the
time there existed the organisation of a central office where all the government records were
kept. This was like the secretariat of the government, in which various government functionaries,including officers worked. Mention of such an office is found in Mauryan times and Chola
kingdom. The king appointed personal secretary as well. In brief, the main function of the central
office was the control and inspection of provincial, regional and local government.
In brief, it can be said that the present Indian administration is the result of a rich legacy and
continuity. It is true to say that the steps of its evolution are someway or the other connected with
the past. However, the existing administrative system in India may be said to be the contribution
of the British government.
Government of IndiaGovernment of India is a parliamentary form of Government and follows the democratic
structure.
More on Government of India
Divisions in IndianAdministration
Union Council of Ministers Indian Flag
All India Services Indian General Elections Indian Union Executive
Central Secretariat Cabinet Secretariat Indian Ministries
Agricultural and Processed
Food Products Export
Development Authority
Atomic Energy Education
Society
Aryabhatta Research
Institute of Observational
Sciences
Board of Practical Training
(BOPT)Central Adoption Resource
Authority
Central Government
Employees Welfare HousingOrganisation
Central Hindi Directorate Centre for Cultural
Resources and TrainingCentre for Development
Studies
http://www.indianetzone.com/40/divisions_indian_administration.htmhttp://www.indianetzone.com/40/divisions_indian_administration.htmhttp://www.indianetzone.com/40/indian_ministers.htmhttp://www.indianetzone.com/1/indian_flag.htmhttp://www.indianetzone.com/37/all_india_services_indian_administration.htmhttp://www.indianetzone.com/11/indian_general_elections.htmhttp://www.indianetzone.com/45/indian_union_executive.htmhttp://www.indianetzone.com/51/central_secretariat.htmhttp://www.indianetzone.com/51/cabinet_secretariat.htmhttp://www.indianetzone.com/51/indian_ministries.htmhttp://www.indianetzone.com/51/agricultural_processed_food_products_export_development_authority.htmhttp://www.indianetzone.com/51/agricultural_processed_food_products_export_development_authority.htmhttp://www.indianetzone.com/51/agricultural_processed_food_products_export_development_authority.htmhttp://www.indianetzone.com/51/atomic_energy_education_society.htmhttp://www.indianetzone.com/51/atomic_energy_education_society.htmhttp://www.indianetzone.com/51/aryabhatta_research_institute_observational_sciences.htmhttp://www.indianetzone.com/51/aryabhatta_research_institute_observational_sciences.htmhttp://www.indianetzone.com/51/aryabhatta_research_institute_observational_sciences.htmhttp://www.indianetzone.com/51/board_practical_training_bopt.htmhttp://www.indianetzone.com/51/board_practical_training_bopt.htmhttp://www.indianetzone.com/51/central_adoption_resource_authority.htmhttp://www.indianetzone.com/51/central_adoption_resource_authority.htmhttp://www.indianetzone.com/51/central_government_employees_welfare_housing_organisation.htmhttp://www.indianetzone.com/51/central_government_employees_welfare_housing_organisation.htmhttp://www.indianetzone.com/51/central_government_employees_welfare_housing_organisation.htmhttp://www.indianetzone.com/51/central_hindi_directorate.htmhttp://www.indianetzone.com/51/centre_cultural_resources_training.htmhttp://www.indianetzone.com/51/centre_cultural_resources_training.htmhttp://www.indianetzone.com/51/centre_development_studies.htmhttp://www.indianetzone.com/51/centre_development_studies.htmhttp://www.indianetzone.com/40/divisions_indian_administration.htmhttp://www.indianetzone.com/40/divisions_indian_administration.htmhttp://www.indianetzone.com/40/indian_ministers.htmhttp://www.indianetzone.com/1/indian_flag.htmhttp://www.indianetzone.com/37/all_india_services_indian_administration.htmhttp://www.indianetzone.com/11/indian_general_elections.htmhttp://www.indianetzone.com/45/indian_union_executive.htmhttp://www.indianetzone.com/51/central_secretariat.htmhttp://www.indianetzone.com/51/cabinet_secretariat.htmhttp://www.indianetzone.com/51/indian_ministries.htmhttp://www.indianetzone.com/51/agricultural_processed_food_products_export_development_authority.htmhttp://www.indianetzone.com/51/agricultural_processed_food_products_export_development_authority.htmhttp://www.indianetzone.com/51/agricultural_processed_food_products_export_development_authority.htmhttp://www.indianetzone.com/51/atomic_energy_education_society.htmhttp://www.indianetzone.com/51/atomic_energy_education_society.htmhttp://www.indianetzone.com/51/aryabhatta_research_institute_observational_sciences.htmhttp://www.indianetzone.com/51/aryabhatta_research_institute_observational_sciences.htmhttp://www.indianetzone.com/51/aryabhatta_research_institute_observational_sciences.htmhttp://www.indianetzone.com/51/board_practical_training_bopt.htmhttp://www.indianetzone.com/51/board_practical_training_bopt.htmhttp://www.indianetzone.com/51/central_adoption_resource_authority.htmhttp://www.indianetzone.com/51/central_adoption_resource_authority.htmhttp://www.indianetzone.com/51/central_government_employees_welfare_housing_organisation.htmhttp://www.indianetzone.com/51/central_government_employees_welfare_housing_organisation.htmhttp://www.indianetzone.com/51/central_government_employees_welfare_housing_organisation.htmhttp://www.indianetzone.com/51/central_hindi_directorate.htmhttp://www.indianetzone.com/51/centre_cultural_resources_training.htmhttp://www.indianetzone.com/51/centre_cultural_resources_training.htmhttp://www.indianetzone.com/51/centre_development_studies.htmhttp://www.indianetzone.com/51/centre_development_studies.htm7/28/2019 Indian Cons and Polity
4/88
Centre for Social Studies
Food Safety and Standards
Authority of India (FSSAI)Commission for Scientific
and Technical Terminology
Controller of DefenceAccounts
Customs Film and Television Instituteof India
Indian Government Mint Indian Academy of Sciences
Inland Waterways Authority
of India
Institute for Defence Studiesand Analyses
International Center forAlternate Dispute Resolution
International Institute forPopulation Sciences
National AIDS Control
OrganisationNational Anti-Doping
AgencyNational Assessment and
Accreditation Council
National Foundation for
Communal Harmony
National Institute for
Empowerment of Persons
with Multiple Disabilities
National Institute for Micro ,
Small and Medium
Enterprises
National Institute for theMentally Handicapped
National Institute ofAgricultural Marketing
National Institute ofRehabilitation Training and
Research
National Institute ofAyurveda
National Institute of Public
Cooperation and ChildDevelopment
National Institute of OpenSchooling
National Institute of Urban
AffairsNational Investigation
AgencyNational Stock Exchange of
India
National Water
Development AgencyPrasar Bharati Technology Information
Tariff Authority for Major
PortsTug of War Federation of
IndiaWildlife Institute of India
Rashtriya Sanskrit Sansthan
Society for Applied
Microwave Electronics
Engineering & Research
Repatriates Co-operative
Finance and Development
Bank Limited
Elections in India
India has adopted parliamentary
system of government which is
based on universal adult franchise.The Government of India is of a
democratic form which means it is
a government `by the people, for
the people and of the people`. Inthis parliamentary system of
government, parliament is
supreme and there is fusion ofExecutive and Legislative powers.
The President is the constitutional
head of the Executive. All theexecutive powers are exercised by
http://www.indianetzone.com/51/centre_social_studies.htmhttp://www.indianetzone.com/51/food_safety_standards_authority_india_fssai.htmhttp://www.indianetzone.com/51/food_safety_standards_authority_india_fssai.htmhttp://www.indianetzone.com/51/commission_scientific_technical_terminology.htmhttp://www.indianetzone.com/51/commission_scientific_technical_terminology.htmhttp://www.indianetzone.com/51/controller_defence_accounts.htmhttp://www.indianetzone.com/51/controller_defence_accounts.htmhttp://www.indianetzone.com/52/customs.htmhttp://www.indianetzone.com/8/film_television_institute_india.htmhttp://www.indianetzone.com/8/film_television_institute_india.htmhttp://www.indianetzone.com/52/indian_government_mint.htmhttp://www.indianetzone.com/52/indian_academy_sciences.htmhttp://www.indianetzone.com/52/inland_waterways_authority_india.htmhttp://www.indianetzone.com/52/inland_waterways_authority_india.htmhttp://www.indianetzone.com/52/institute_defence_studies_analyses.htmhttp://www.indianetzone.com/52/institute_defence_studies_analyses.htmhttp://www.indianetzone.com/52/international_center_alternate_dispute_resolution.htmhttp://www.indianetzone.com/52/international_center_alternate_dispute_resolution.htmhttp://www.indianetzone.com/52/international_institute_population_sciences.htmhttp://www.indianetzone.com/52/international_institute_population_sciences.htmhttp://www.indianetzone.com/52/national_aids_control_organisation.htmhttp://www.indianetzone.com/52/national_aids_control_organisation.htmhttp://www.indianetzone.com/52/national_antidoping_agency.htmhttp://www.indianetzone.com/52/national_antidoping_agency.htmhttp://www.indianetzone.com/52/national_assessment_accreditation_council.htmhttp://www.indianetzone.com/52/national_assessment_accreditation_council.htmhttp://www.indianetzone.com/52/national_foundation_communal_harmony.htmhttp://www.indianetzone.com/52/national_foundation_communal_harmony.htmhttp://www.indianetzone.com/52/national_institute_empowerment_persons_with_multiple_disabilities.htmhttp://www.indianetzone.com/52/national_institute_empowerment_persons_with_multiple_disabilities.htmhttp://www.indianetzone.com/52/national_institute_empowerment_persons_with_multiple_disabilities.htmhttp://www.indianetzone.com/52/national_institute_micro.htmhttp://www.indianetzone.com/52/national_institute_micro.htmhttp://www.indianetzone.com/52/national_institute_micro.htmhttp://www.indianetzone.com/37/national_institute_mentally_handicapped.htmhttp://www.indianetzone.com/37/national_institute_mentally_handicapped.htmhttp://www.indianetzone.com/52/national_institute_agricultural_marketing.htmhttp://www.indianetzone.com/52/national_institute_agricultural_marketing.htmhttp://www.indianetzone.com/52/national_institute_rehabilitation_training_research.htmhttp://www.indianetzone.com/52/national_institute_rehabilitation_training_research.htmhttp://www.indianetzone.com/52/national_institute_rehabilitation_training_research.htmhttp://www.indianetzone.com/38/national_institute_ayurveda.htmhttp://www.indianetzone.com/38/national_institute_ayurveda.htmhttp://www.indianetzone.com/52/national_institute_public_cooperation_child_development.htmhttp://www.indianetzone.com/52/national_institute_public_cooperation_child_development.htmhttp://www.indianetzone.com/52/national_institute_public_cooperation_child_development.htmhttp://www.indianetzone.com/52/national_institute_open_schooling.htmhttp://www.indianetzone.com/52/national_institute_open_schooling.htmhttp://www.indianetzone.com/52/national_institute_urban_affairs.htmhttp://www.indianetzone.com/52/national_institute_urban_affairs.htmhttp://www.indianetzone.com/52/national_investigation_agency.htmhttp://www.indianetzone.com/52/national_investigation_agency.htmhttp://www.indianetzone.com/52/national_stock_exchange_india.htmhttp://www.indianetzone.com/52/national_stock_exchange_india.htmhttp://www.indianetzone.com/52/national_water_development_agency.htmhttp://www.indianetzone.com/52/national_water_development_agency.htmhttp://www.indianetzone.com/52/prasar_bharati.htmhttp://www.indianetzone.com/52/technology_information.htmhttp://www.indianetzone.com/52/tariff_authority_major_ports.htmhttp://www.indianetzone.com/52/tariff_authority_major_ports.htmhttp://www.indianetzone.com/52/tug_war_federation_india.htmhttp://www.indianetzone.com/52/tug_war_federation_india.htmhttp://www.indianetzone.com/52/wildlife_institute_india.htmhttp://www.indianetzone.com/52/rashtriya_sanskrit_sansthan.htmhttp://www.indianetzone.com/52/society_applied_microwave_electronics_engineering_research.htmhttp://www.indianetzone.com/52/society_applied_microwave_electronics_engineering_research.htmhttp://www.indianetzone.com/52/society_applied_microwave_electronics_engineering_research.htmhttp://www.indianetzone.com/52/repatriates_cooperative_finance_development_bank_limited.htmhttp://www.indianetzone.com/52/repatriates_cooperative_finance_development_bank_limited.htmhttp://www.indianetzone.com/52/repatriates_cooperative_finance_development_bank_limited.htmhttp://www.indianetzone.com/52/elections_india.htmhttp://www.indianetzone.com/51/centre_social_studies.htmhttp://www.indianetzone.com/51/food_safety_standards_authority_india_fssai.htmhttp://www.indianetzone.com/51/food_safety_standards_authority_india_fssai.htmhttp://www.indianetzone.com/51/commission_scientific_technical_terminology.htmhttp://www.indianetzone.com/51/commission_scientific_technical_terminology.htmhttp://www.indianetzone.com/51/controller_defence_accounts.htmhttp://www.indianetzone.com/51/controller_defence_accounts.htmhttp://www.indianetzone.com/52/customs.htmhttp://www.indianetzone.com/8/film_television_institute_india.htmhttp://www.indianetzone.com/8/film_television_institute_india.htmhttp://www.indianetzone.com/52/indian_government_mint.htmhttp://www.indianetzone.com/52/indian_academy_sciences.htmhttp://www.indianetzone.com/52/inland_waterways_authority_india.htmhttp://www.indianetzone.com/52/inland_waterways_authority_india.htmhttp://www.indianetzone.com/52/institute_defence_studies_analyses.htmhttp://www.indianetzone.com/52/institute_defence_studies_analyses.htmhttp://www.indianetzone.com/52/international_center_alternate_dispute_resolution.htmhttp://www.indianetzone.com/52/international_center_alternate_dispute_resolution.htmhttp://www.indianetzone.com/52/international_institute_population_sciences.htmhttp://www.indianetzone.com/52/international_institute_population_sciences.htmhttp://www.indianetzone.com/52/national_aids_control_organisation.htmhttp://www.indianetzone.com/52/national_aids_control_organisation.htmhttp://www.indianetzone.com/52/national_antidoping_agency.htmhttp://www.indianetzone.com/52/national_antidoping_agency.htmhttp://www.indianetzone.com/52/national_assessment_accreditation_council.htmhttp://www.indianetzone.com/52/national_assessment_accreditation_council.htmhttp://www.indianetzone.com/52/national_foundation_communal_harmony.htmhttp://www.indianetzone.com/52/national_foundation_communal_harmony.htmhttp://www.indianetzone.com/52/national_institute_empowerment_persons_with_multiple_disabilities.htmhttp://www.indianetzone.com/52/national_institute_empowerment_persons_with_multiple_disabilities.htmhttp://www.indianetzone.com/52/national_institute_empowerment_persons_with_multiple_disabilities.htmhttp://www.indianetzone.com/52/national_institute_micro.htmhttp://www.indianetzone.com/52/national_institute_micro.htmhttp://www.indianetzone.com/52/national_institute_micro.htmhttp://www.indianetzone.com/37/national_institute_mentally_handicapped.htmhttp://www.indianetzone.com/37/national_institute_mentally_handicapped.htmhttp://www.indianetzone.com/52/national_institute_agricultural_marketing.htmhttp://www.indianetzone.com/52/national_institute_agricultural_marketing.htmhttp://www.indianetzone.com/52/national_institute_rehabilitation_training_research.htmhttp://www.indianetzone.com/52/national_institute_rehabilitation_training_research.htmhttp://www.indianetzone.com/52/national_institute_rehabilitation_training_research.htmhttp://www.indianetzone.com/38/national_institute_ayurveda.htmhttp://www.indianetzone.com/38/national_institute_ayurveda.htmhttp://www.indianetzone.com/52/national_institute_public_cooperation_child_development.htmhttp://www.indianetzone.com/52/national_institute_public_cooperation_child_development.htmhttp://www.indianetzone.com/52/national_institute_public_cooperation_child_development.htmhttp://www.indianetzone.com/52/national_institute_open_schooling.htmhttp://www.indianetzone.com/52/national_institute_open_schooling.htmhttp://www.indianetzone.com/52/national_institute_urban_affairs.htmhttp://www.indianetzone.com/52/national_institute_urban_affairs.htmhttp://www.indianetzone.com/52/national_investigation_agency.htmhttp://www.indianetzone.com/52/national_investigation_agency.htmhttp://www.indianetzone.com/52/national_stock_exchange_india.htmhttp://www.indianetzone.com/52/national_stock_exchange_india.htmhttp://www.indianetzone.com/52/national_water_development_agency.htmhttp://www.indianetzone.com/52/national_water_development_agency.htmhttp://www.indianetzone.com/52/prasar_bharati.htmhttp://www.indianetzone.com/52/technology_information.htmhttp://www.indianetzone.com/52/tariff_authority_major_ports.htmhttp://www.indianetzone.com/52/tariff_authority_major_ports.htmhttp://www.indianetzone.com/52/tug_war_federation_india.htmhttp://www.indianetzone.com/52/tug_war_federation_india.htmhttp://www.indianetzone.com/52/wildlife_institute_india.htmhttp://www.indianetzone.com/52/rashtriya_sanskrit_sansthan.htmhttp://www.indianetzone.com/52/society_applied_microwave_electronics_engineering_research.htmhttp://www.indianetzone.com/52/society_applied_microwave_electronics_engineering_research.htmhttp://www.indianetzone.com/52/society_applied_microwave_electronics_engineering_research.htmhttp://www.indianetzone.com/52/repatriates_cooperative_finance_development_bank_limited.htmhttp://www.indianetzone.com/52/repatriates_cooperative_finance_development_bank_limited.htmhttp://www.indianetzone.com/52/repatriates_cooperative_finance_development_bank_limited.htmhttp://www.indianetzone.com/52/elections_india.htm7/28/2019 Indian Cons and Polity
5/88
the Council of Ministers with the Prime Minister as head. After independence, the whole
political scenario changed with the Congress in Power. The Constitution of India being the
supreme law of the land came into force on 26 January 1950. The preamble of the Constitutiondefines India to be a sovereign, socialist, secular, democratic republic. The parliamentary system
of India is a replica of the Westminster-style. The first general election was held under the
Constitution during 1951-52.
Parliament occupies a prominent position in the structure of the Government of India. It is the
representative institution of the people. It is through the Parliament, the sovereign will of thepeople finds expression. Article 79 of the Constitution of India states that there shall be a
Parliament for the union and the government will be responsible to legislature and the legislature
is in turn responsible to the people who are the ultimate sovereign. The composition of the
parliament consists of the president and the two Houses- the Lok Sabha or the House of theParliament and the Rajya Sabha or the council of States. The continuation of a President or the
Head of the State in the Parliamentary form of government symbolises its true character. The
President though does not participate in the discussions of the two Houses, yet he exercises
several powers and performs important functions. The president of India is elected by anElectoral College consisting of the elected members of the two Houses of the parliament and the
Legislative Assemblies of the state.
The Rajya Sabha which is another essential part of the parliament consists of not more than 250
members. Of these, 233 members represent states and union territories and 12 members arenominated by the President. Members to the Rajya Sabha are elected by the elected members of
Legislative Assemblies of the concerned states. The Rajya Sabha is not subject to dissolution in
contrast to the Lok Sabha and one third of its members retire every second year. However, in the
Indian Polity, the Lok Sabha is composed of representatives of the people chosen by directelection on the basis of universal adult franchise. As present, the Lok Sabha consists of 545
members with two members nominated by the President to represent the Anglo-Indian
Community. The term of the Lok Sabha is for five years and gets dissolved under circumstanceof failure of the leading party to prove clear majority or a no-confidence motion.
Article 74 (1) of the Constitution provides that there shall be a Council of Ministers headed bythe Prime Minister to aid and advise the President who shall, in exercise of his functions, act in
accordance with such advice. India is a bicameral parliament consisting of the Lok Sabha (House
of the People) and the Rajya Sabha (Council of States). The Council of Ministers is collectively
responsible to the Lok Sabha, the House of the People. The Council of Ministers comprisesCabinet Ministers, Minister of States and Deputy Ministers. It is the Prime Minister who
communicates all decisions of the Council of Ministers relating to administration of affairs of the
Union and proposals for legislation to the President. Each department has an officer designatedas secretary to the Government of India to advise Ministers on policy matters and general
administration. The Cabinet Secretariat has important coordinating role in making decision at
highest level and operates under direction of Prime Minister.
Government of India has certain departments that carry on their duties under the supervision of
several ministries. The Central Ministry is part of the Executive branch of Government India.
Depending on the federal character of the political system of India, Indian Government
7/28/2019 Indian Cons and Polity
6/88
Departments are divided into Central government departments and State Government
department. The central ministry work independently and the State governments work under the
supervision of the Central Government. There are certain departments including Departments ofAgriculture, Home Affairs, Commerce and Industry, External Affairs, Corporate Affairs,
Defence, Information and Broadcasting, Civil Aviation, Human Resource Development,
Railways, Environment and Forests, Finance and Company Affairs, Health and Family Welfare,Heavy Industries and Public Enterprises, Petroleum and Natural Gas, Power, Labour, Tourism,
Women and Child Development, Youth Affairs and Sports and several others constitute the
Indian Government Departments. These departments work for public welfare.
The ministers of these government bodies are chosen through general election India at an interval
of every five years. But the bureaucrats and other officials are appointed through competitive
exams that are held throughout India. Examinations such as IAS, IPS, IFS, UPSC and otherexams are held annually across the nation. Moreover, it is through the Government of India, the
defence of the country is ensured. The Supreme Command of the Armed Forces is invested in
the President and the responsibility for national defence vests in the Cabinet. The Ministry of
Defence performs the work assigned. Defence Minister or the Raksha Mantri is the head of theMinistry of DefenceJan
29
STRUCTURE AND FEATURES OF INDIAN CONSTITUTIONS
Abstract:
After understanding the legacies of freedom movement and legacies of colonial
rule, now in this chapter we will read the concept of constitution and structure and
features of Indian constitution. Here we will read about the preamble of Indian
constitution, its philosophy and significance, nature and features of Indian
constitution, structure of the constitution and also will read about Fundamental
Rights, Directive Principles of State Policies and Fundamental Duties. This Chapter
will give us an idea about the constitution, its nature and structure.
Contents:
v Introduction
v Preamble of the constitution
v Nature and features of Indian Constitution
v Structure of the Constitution
v Fundamental Rights:
v Directive Principles of State Policies
7/28/2019 Indian Cons and Polity
7/88
v Fundamental Duties
v Conclusion
Introduction:
In the previous chapter we have learned about the origin and evolution of Indian
constitution. Our understanding about the colonial legacy and legacy of freedom
movement has already given us an image of Indian constitution. There we also
learned about the sources of Indian constitution. But what is the actual structure of
our constitution? Is there any philosophy who guides the constitution? Does our
constitution care about the people? Can we see any features which guide thegovernment? As a citizen of the country what are our responsibility and duty? All
these questions are not cleared in the previous chapter. To know those queries, in
this chapter we will understand the nature and feature of Indian Constitution and its
structure. But before studying about these lets earn a brief idea about the concept
of constitution and also about the Indian constitution.
About constitution:
The constitution is a set of elementary principles or established precedents to
govern a state. It is a written or unwritten document constitute of rules and
principles. It puts down the basic framework of a political system to govern.
Constitution of a country lays down the basic structure of the political system under
which its people are to be governed (Kashyap, 2011; 1). We can define it as a set of
fundamental law of a country which ordains the fundamentals of its polity and on
the altar of which all other laws and executive act of the state are to be tested. It is
a living organism of functioning institutions (Kashyap, 2011; 2). The constitution
establishes the main organs of the state-the legislature, executive and judiciary. It
defines their power and responsibilities and regulates their relationships. The
constitution of a country represents the vision and values of its founding fathers and
is based on the social, political and economic ethos and faith and aspirations of the
people. In the earlier chapter and in the next few chapters we will see principles and
structure that compose Indian Constitution.
Indian constitution:
7/28/2019 Indian Cons and Polity
8/88
The Constitution of India was as we have already come to know in the earlier
chapter, was adopted in 26th January 1950. This date was chosen to commemorate
the 1930s declaration of independence and since 1950 India celebrates the
adoption of the constitution on 26 January each year as Republic Day. It is a writtenconstitution. In the time of adoption, the constitution of India had a preamble, 22
parts, 395 articles and 8 schedules. But due to a number of amendments in last 60
years the tally of schedule and articles increased. The Constitution, in its current
form, consists of a Preamble, 22 Parts containing 450 Articles, 12 Schedules, 2
Appendixes (Wikipedia). We will read about these schedules and parts in the later
part of this chapter. It declares India to be a sovereign, socialist, secular,
democratic republic, assuring its citizens justice, equality and liberty and promotes
fraternity among them.
When we were reading about the concept of Constitution, we discussed
about organs of the state-the legislature, executive and judiciary. Indianconstitution also deals these areas. The constitution of India provides for
distribution of powers between the union and the state where powers of the
Parliament and State Legislatures are distributed in three list- Union, State and
Concurrent list. The constitution of India is amendable and so far there has been
more than 110 amendment bills are introduced in the parliament and out of that 95
amendments were made so far. We will understand about the nature and structure
of Indian constitution in the following parts of the chapter.
Preamble of the constitution:
The Preamble of a constitution is the embodiment of the fundamental values and
philosophy on which the constitution is based. When we read a book or a novel,
often read the preface, where the author lays the brief ideas about the book. The
preamble of a constitution is like that preface to the constitution which lists the
basic features of the constitution. It is the introductory statement of the
constitution.
Text Box: KM MUNSHI IMAGE Constitution of India also has a preamble. The
preamble in Indian Constitution specifies the nature of Indian state and the
constitution. The preamble is based on Jawahar Lal Nehrus objective Resolution,about which we have read in the previous chapter of this book. K. M Munshi has
termed the preamble as Political Horoscope and Earnest Barker says it as Key to
the constitution. The preamble is a part of the constitution but is not justifiable. But
it bears a great significance to the constitution. We can say the Preamble as the
foundation stone of the constitution. The preamble renders it easy to understand
the real intensions of the framers of the constitution. The preamble of Indian
Constitutions say-
7/28/2019 Indian Cons and Polity
9/88
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.
When the Preamble of the constitution was adopted, the words socialist, secular and
integrity was not there in the Preamble. These words were added to the Preambleby the 42nd Amendment in 1976.
The Preamble is the supreme or fundamental constitutional values in which the
founding fathers believed, which they wanted to foster among the people of the
republic. The Preamble indicates the source from which the constitution derives its
authority and also states the objects which the Constitution seeks to establish and
promote (Basu, 2011:21).
Philosophy and salient features of the preamble:
The words used in the constitution are some of the noblest words and embody the
highest values that human ingenuity and experience have been able to devise thus
far. These words bear the philosophy of the Preamble and the constitution. Let us
analyze the meaning of various terms used in the preamble. We also can say these
as the salient features of the preamble.
Sovereign: The Preamble of Indian Constitution declares India to be sovereign. It
implies that India is a sovereign state, free to conduct its internal and external
affairs as it deems desirable. The constitution does not contain any specific
provision in regard to the sovereign powers. It is only ascertained in the preamble.
The preamble accepts the principle of popular sovereignty. The preamble begins by
the words We the people of India which testify that people are the ultimate
7/28/2019 Indian Cons and Polity
10/88
source of all authority. The preamble of the Constitution of United State also begins
with We the people of the but with a different meaning.
Socialist: We know that the term socialist was added in the Preamble by the Forty
Second Amendment. Though the term socialist was included, the term does not
mean the State Socialism that is ownership of all means of production and
distribution by the State but it means reducing the inequalities between rich and
poor. This term is also to refer socialist pattern of society; which was adopted as a
goal of Indian state by the Congress in its Avadi session in 1955. The term socialist
state means that India is a democratic socialist state and committed to socio-
economic justice, that is to be secure by the state through the democratic process
and organized planning. However, the term has not been defined by the
constitution.
Secular: The term Secular was also added in the 42nd Amendment. Ever since
the inauguration of the constitution the citizens of India have enjoyed complete
religious freedom. When we will read the Fundamental Rights we will find how they
promote secularism. Though India behaved as a secular state but it was not
described so in the Preamble. The deficiency has been removed by the above
addition. The term Secularism means equal respect and equal protection of all
religions by government. This secularism is distinct from the negative concept ofsecularism held in western traditions, that is, separation of religion and politics.
Democratic: We found that the Preamble declared India to be a Democratic State.
It means that in India, the administration is carried on by the elected representative
of the people. The Constitution has introduced the system of Universal Adult
franchise. The people of India enjoy all those rights which are available in a
democratic country. The constitution lays down the system of Parliamentary
Democracy. The term Democratic in the Preamble is used to represent the
philosophy of democracy that the constitution has.
Republic: By republic we mean that in India, the highest executive authority shallbe vested in a person directly or indirectly elected by the people. The President,
Vice-President of India and Members of Rajya Sabha are elected indirectly by the
people, while the Prime Minister and the other members of the Lok Sabha are
directly elected by the people. This implies that India cannot have monarchical or
feudal type of government. The Republic in the Preamble has both positive and
7/28/2019 Indian Cons and Polity
11/88
Negative meaning. Negatively, it means that India is not ruled by monarch and
positively means that it has an elected head for a fixed term.
Justice: Justice in the Preamble implies that the government will try to promote
the welfare of all section of the people of India. We find three types of justice
political, economic and social, in the Preamble. We can see that to provide politicaljustice the constitution has introduced Universal Adult Franchise. In economic
sphere justice is to be provided by raising the living standard of the people. To
provide social justice, all citizens are treated equally irrespective of their status in
society as a result of their birth, race, caste, religion, sex, title etc. The preamble
places Justice higher than the other principles of Liberty, Equality and Fraternity
(Kashyap, 2011; 73).
Liberty: The Preamble declares liberty to be the second cardinal objective to be
secured by the Indian State. The Preamble by liberty does not mean mere absence
of restraint. It is also positive concept, where we find liberty of thought expression,
belief, faith and worship as the objective to be secured to all the people. TheFundamental Rights are designed to secure this objective.
Text Box: Example of MGNREGA where both men and women earn equal wage,
based on equality Equality: The Preamble of Indian Constitution makes equality as
the third objective of the constitution. It promises equality of opportunity and
status. And it has legal, social, political and economic aspects. It says that all
citizens are equal before law and enjoy equal protection of the laws of the land.
There cannot be any discrimination on the ground of primordial factors like religion,
race, caste, sex etc.
Fraternity: With a view to promote the spirit of brotherhood among the people
and to ensure proper dignity of the individual, the Constitution has paid attention to
fraternity. To promote this the constitution imposed certain fundamental duties on
the citizens of India. Fraternity is expected to preserve and promote the dignity of
the individuals life. The Preamble also says that in order to safeguard the dignity of
the individual, we need to build the nation and protect its unity and integrity and
this is through the spirit of common brotherhood and fraternity.
Constitutional Significance of the Preamble:
In the beginning of the chapter we read that Constitution of India has 22 parts. The
preamble is not one out of those. But many a time many people believe it as a part,
7/28/2019 Indian Cons and Polity
12/88
due to its constitutional significance. The preamble has helped us in different time
to in understanding the constitution. We can see the following constitutional
significance of the constitution-
1. The Preamble helps us in understanding the constitutional arrangements in
clear terms. If any section of the constitution is not clear than we may understandthat with the help of philosophy of the preamble.
2. The words of the Preamble highlight some of the fundamental values and
guiding principles on which the Constitution of India is based. It serves as a guiding
light for the Constitution and judges interpret the Constitution in its light
3. The Supreme Court of India, in a majority of decisions, has held that the
preamble constitute the basic structure of the Indian Constitution, which cannot be
amended.
4. The Preamble signifies by its very beginning that the actual power lies in the
hand of people, not in government agencies.
5. The Preamble lays down the most important national goals such as socialism,
secularism and national integration etc. Every citizen and the government must try
to achieve these goals.
6. If we look at different amendments that have been taken up after the adoption
of constitution we will find that many of these are based on the preamble. For
example we can say about the amendments of reservation policies for weaker
sections of the society. This is based on the philosophy of social justice mentioned
in the Preamble.
When we will read the next few chapters, we will be able to better understand the
significance of the Preamble. The next parts of this book will remind us the
relevance of the Preamble and its philosophy in Indian Constitution.
The Preamble is a part of the constitution:
So far, in this book, we have read that preamble is a part of the constitution
but not among the 22 parts of it. We also read that many people do not believe it as
a part of the constitution. The Supreme Court of India, while giving its opinion on
the presidential Reference on the transfer of the Berubari Union and the exchange
of Enclaves, accepted that Preamble is not a part of the Constitution. However, later
on, it reversed its judgment in Keshavananda Bharati Case and held that Preamble
is a part of the Constitution. The Parliament also has accepted it as a part of the
7/28/2019 Indian Cons and Polity
13/88
Constitution. As such, the Preamble is now regarded as a sacred and basic part of
the Constitution. The Preamble defines the basic structure of the Constitution and it
itself a part of the basic structure. The next few parts of this book are based on this
Preamble. Let us read the salient features of Indian constitution, which also reflects
the philosophy of the Preamble.
Nature and features of Indian Constitution:
So far, we have collected some basic ideas about the Indian Constitution.
The Constitution has impact of legacies, Constituent Assembly Debates and of other
known constitutions. As the Constitution has borrowed many ideas from some
known constitution, it is called as borrowed constitution. Due to this we find theconstitution a very comprehensive document. The nature of the Indian Constitution
is unique in many ways. It cannot be fitted in any particular model of constitution as
it is both-rigid and flexible, federal and unitary, presidential and parliamentary. The
constitution has many outstanding features which distinguishes it from other
Constitutions. We can find the following salient features of the Constitution of India:
1. Written Constitution: The constitution of India is a wholly written and detailed
document. At the time of adoption, the constitution of India had a preamble, 22
parts, 395 articles and 8 schedules. Jennings describes it as the largest written
constitution in the word. The constitution of India included not only the
Constitution of the Union but also of the States. It has incorporated several uniquefeatures like-Fundamental rights and Duties, The Directive Principles of State
Policies, Emergency Provision, Language Provision etc, which made it quite lengthy.
All these made the largest written constitution.
2. Rigid and Flexible Constitution: On the ground of the amending procedure
being difficult or easy, we can say Indian constitution as combination of both rigid
and flexible. There are three methods of amending Indian Constitution. When we
will look at the amendment procedures of Indian constitution, we will see that the
Constitution is flexible in the sense that most of its parts can be amended by simple
majority in the Houses of Parliament. It is rigid as other some provisions can be
amended by the House of Parliament by special two third majorities of the members
present and voting and majority of the total membership in each House. It is rigid in
the third method also as in few provisions, in addition to a special majority in the
two Houses of Parliament, ratification of not less than one half of the state is
required. This mixture of amendment procedures make the Constitution both rigid
and flexible
7/28/2019 Indian Cons and Polity
14/88
3. Sovereign, Socialist, Secular, Democratic, Republic Constitution: We have
already read about these values in the Preamble of Indian Constitution. These
values reflect the characteristics of Indian Constitution. As we have read about
these in detail, let us switch to other features of the constitution.
4. Drawn from Different Sources: Another unique feature of the IndianConstitution is that it was prepared after ransacking all the known constitution of
the world. We already read in the first chapter that apart from the legacies and
Constituent Assembly debates, the fathers of constitution are also influenced by
Constitution of US, UK, USSR, Canada, Australia, and Ireland etc. Many features of
the Constitution are adopted from those. It is so, our constitution is a borrowed
Constitution.
5. Fundamental Rights: The Constitution of India, under its part III from Article 12
to 35, grants and guarantees Fundamental Rights to its citizens. These rights are
enforceable in the Courts. Originally, the Constitution had seven Fundamental
Rights, but after the 44th Amendment in 1979, it decreased to six. Our Constitutionpresents a balance between the rights of the individual on the one hand and the
interest of the society and the needs of the security of the state on the other
(Kashyap, 2011; 52-53).
6. Fundamental Duties: Fundamental Duties are another important feature of
Indian Constitution. The Constitution, in its part IVA- Article 51 A enumerates the
Fundamental Duties of Indian Citizens. It lays down eleven duties for all the citizen
of India. These Fundamental Duties are not enforceable in the Courts.
7. Directive Principles of State Policy: Directive Principles of State Policy is one
of the most striking features of Indian Constitution. These are instructions to thegovernments- both Union and State, for securing socio-economic developments
through its policies. Though these are not enforceable by the courts, the
government shall apply these in making laws.
8. Single Citizenship: Despite of the federal structure, for building an integrated
Indian fraternity and a united nation, India has single Citizenship system. The
Constitution provides all citizens uniform rights and freedom. This is also an
important feature of Indian Constitution.
9. Parliamentary Government: The Constitution of India provides for a
Parliamentary system of government. In India, President is nominal head of the
state and Prime Minister is the real head. These feature is neither similar to the
British nor to the US Constitution.
10. Bi-cameral Union Parliament: The Indian Constitution of India provides for a
Bicameral legislature at the Union level. It has two Houses- the Lok Sabha and the
7/28/2019 Indian Cons and Polity
15/88
Rajya Sabha. The Lok Sabha is lower House and the Rajya Sabha is upper House of
the parliament. Of the two, Lok Sabha is more powerful than the Rajya Sabha. This
bi-cameral legislature is also an important feature of Indian Constitution.
11. Federation with strong Centre: Though we cannot find the term federation in
the Constitution of India, but it is of federal nature. K C Where describes India as aquasi federal constitution. The constitution distributes the power in three lists-
Union, Concurrent and State lists. However, it provides a strong centre, which
seems to be a unitary feature. This mixture of both Federalism and Unitarianism is a
feature of Indian Constitution.
12. Independent Judiciary: The Constitution of India establishes an independent
judiciary. The judiciary is not under the control of Executive and Legislature and
empower with the power of judicial review, judicial Activism etc. the High Courts
and Supreme Court form a single integrated judicial structure and enjoy the
jurisdiction over Union, State, Civil, and Criminal laws.
13. Adult Franchise: Universal Adult Franchise is also an important feature of the
Constitution. Based on the principle of one man one vote constitution opt for it
without any distinction. Every Citizen who is 18 years of age has the right to vote.
Earlier the age was 21. This feature makes India a truly democratic nation.
14. Emergency Provisions: We read that president is a nominal head of the state.
The president enjoys some powers and functions and among those Emergency
power is also one. This enables the executive to meet any emergency effectively.
The constitution provides three types of Emergency powers- General Emergency,
Constitutional Emergency and Financial Emergency.
15. Special Provision of Backward Class: Another feature of the Indian Constitution
is that there is reservation of seats for the backward people in the Lok Sabha and
state Assemblies. The Constitution in its Part XVI also lays down that the claims of
the Scheduled Castes and Scheduled Tribes shall be taken into consideration in
making appointment to services and posts in connection with the affairs of the
Union or of the State to uplift them.
16. Provision regarding language: The Constitution has special provisions for
defining the Language of the Union, Regional Languages, and Language of the
supreme and High Courts. In its Eight Schedule, the Constitution recognizes major
Indian Language. The tally is now 22. This is also an important feature, which we
can find in Indian constitution.
The Constitution of India is a most comprehensive and unique in many ways.
This is a large document and suitable for Indian environment. The above features
7/28/2019 Indian Cons and Polity
16/88
have made the constitution different from many other constitutions of the world.
When we will read about the constitutions of different countries in later part of the
course, we will better understand how it is different from others. But, for now, we
can earn the idea about our Constitution, by reading these features. We can
understand better about it and its features in coming parts of the book.
Structure of the Constitution:
So far, we have come to know about the history and features of Indian
Constitution. But how does the constitution look like? What are the things that are
written in that large document? Is it like a book with chapters? Or it is like a report?
In the following few paragraphs, we will try to know these above questions? We will
now read about the structure of the Constitution, the order it is arranged and the
way it is designed.
The constitution, as we know starts with the preamble. It is followed by the
Parts, Schedules, and Appendixes. We know that the Constitution has at present 22
Parts and these are Part I-Union and its Territory, Part II-Citizenship, Part III-
Fundamental Duties, Part IV-Directive Policies of State Policy and Fundamental
Duties {Part IV (A)}, Part V- The Union, Part VI- The States, Part VII- States in the B
part of the First schedule(Repealed)., Part VIII- The Union Territories, Part IX-
Panchayat system and Municipalities, Part X- The scheduled and Tribal Areas, Part
XI- Relations between the Union and the States, Part XII- Finance, Property,
Contracts and Suits, Part XIII-Trade and Commerce within the territory of India, Part
XIV- Services Under the Union, the States and Tribunals, Part XV- Elections, Part XVI-
Special Provisions Relating to certain Classes, Part XVII Languages, Part XVIII-
Emergency Provisions, Part XIX Miscellaneous, Part XX- Amendment of the
Constitution, Part XXI- Temporary, Transitional and Special Provisions, Part XXII-
Short title, date of commencement, Authoritative text in Hindi and Repeals. If we
accept Preamble as a part of Indian constitution, than it will come before all the
parts and rest will follow from Part I-Union and its Territory. The individual Articles of
the Constitution are grouped together into these Parts.
After these parts, the 12 schedules of the constitution come. The schedules
are lists that categories and tabulate activity and policy of the Government. TheSchedules in the constitution are arranged in the following order.
First Schedule (Articles 1 and 4): This lists the states and territories of India,
lists any changes to their borders and the laws used to make that change.
7/28/2019 Indian Cons and Polity
17/88
Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221):
This lists the salaries of officials holding public office, judges, and Comptroller and
Auditor-General of India.
Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219): Forms of Oaths
This lists the oaths of offices for elected officials and judges.
Fourth Schedule (Articles 4 and 80): This details the allocation of seats in the
Rajya Sabha (the upper house of Parliament) per State or Union Territory.
Fifth Schedule (Article 244): This provides for the administration and control
of Scheduled Areas and Scheduled Tribes (areas and tribes needing special
protection due to disadvantageous conditions).
Sixth Schedule (Articles 244 and 275): Provisions for the administration of
tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Seventh Schedule (Article 246): The union (central government), state, andconcurrent lists of responsibilities.
Eighth Schedule (Articles 344 and 351): The official languages.
Ninth Schedule (Article 31-B): Articles mentioned here are immune from
judicial review.
Tenth Schedule (Articles 102 and 191): "Anti-defection" provisions for
Members of Parliament and Members of the State Legislatures.
Eleventh Schedule (Article 243-G): Panchayat Raj (rural local government).
Twelfth Schedule (Article 243-W): Municipalities (urban local government).
After these twelve Schedules, two Appendixes follow. These two are:
1. The Constitution (Application to Jammu and Kashmir) Order, 1954 and
2. Re-statement, with reference to the Present text of the Constitution, of the
exceptions and modifications subject to which the constitution applies to the stateof Jammu and Kashmir.
Text Box: Hegde, J. and Mukherjea, J. identified a separate and shorter list of basic
features: sovereignty of India democratic character of the polity unity of the
country essential features of the individual freedoms secured to the citizens
mandate to build a welfare state Jaganmohan Reddy, J. stated that elements of the
basic features were to be found in the Preamble of the Constitution and the
7/28/2019 Indian Cons and Polity
18/88
7/28/2019 Indian Cons and Polity
19/88
discuss the three parts of government, election system, amendment procedure etc.
So, in this chapter, we will not discuss about these parts. Here we will read about
the Part III, Part IV and Part IV (A) of the constitution. The reason behind discussing
these is that these parts are important part of Indian Constitution and it reflects the
philosophy of the constitution and preamble. These three parts lays down the
governing principle of Indian constitution. These three parts are also regarded aspart of basic structure of the constitution. So, let us know about these three in
details.
Fundamental Rights:
A democracy is always supported by Fundamental Rights. Indian Constitution has
also made provisions for Fundamental Rights to promote democracy in India. In the
previous chapter we have learned about the sources of Fundamental rights of ourconstitution. Here, before knowing about the Fundamental Rights ensured by
Constitution of India, let us see what is Fundamental Rights?
The constitution is regarded as Fundamental law of the nation and the rights which
are incorporated here, therefore, regarded as Fundamental Rights. These rights are
generally regarded set of entitlements in the context of legal system. The rights
which are needed for all round developments of the human being are Fundamental
Rights. They ensure the fullest physical, mental and moral development of every
citizen. Fundamental Rights include the basic freedom and conditions which alone
can make life worth living. In democracy, the Fundamental Rights are considered as
basic to better and happier life of human being. They are the soul of the
constitution (Avasthi, 2004; 229). Part III of Indian Constitution, with the heading
Fundamental Rights, deals with the charter of Rights. Here the constitution includes
the basic rights which are necessary for individual to live a dignified life.
The Genesis of Fundamental Rights in India:
Text Box: According to Dr BR Ambedkar Fundamental Rights was one of the mostcriticized parts of Constitutional Assembly Debate. Source: Kashyap, 2011; 94 The
development of constitutionally guaranteed Fundamental Rights in India was
inspired by various historical events. Englands Bill of Rights in 1689, United States
Bill of Rights in 1787 and Frances Declaration of the Rights of Man in 1789 were
among those. Constitution of India Bill, 1895 made the first systematic demand for
Fundamental Rights. Thereafter, several committees were appointed and
resolutions were passed to put forth the perspectives of Indian Fundamental Rights
7/28/2019 Indian Cons and Polity
20/88
(Chakrabarty and Pandey, 2008; 11). In early 1930s, before the Simon Commission
and Government of India Act of 1935, a popular demand was made for Fundamental
Rights. But Simon Commission and the Joint Parliamentary Committee had rejected
the idea of enacting declaration of Fundamental Rights on the ground that abstract
declarations are useless. However, nationalist opinion, since the time of the Nehru
Report was in favour of a Bill of Rights. The framers of the Constitution were alsoespecially influenced by the Constitution of United State, France, Irish, Japan, and
Burma and by Declaration of Human Rights by the United Nations. A Bill of Rights
was among the primary tasks for them. Therefore, Part III of the Constitution was
discussed for as many 38 days- 11 days in the Sub-Committee, 2 days in the
Advisory Committee and 25 days in Constituent Assembly. The final shape to the
fundamental rights was given by the Advisory Committee for reporting on
minorities, fundamental rights, and on the tribal and excluded areas, under the
chairmanship of Sardar Patel, which the Constituent Assembly accepted and
adopted (Chakrabarty and Pandey, 2008; 11). They include these rights from Article
to 12 to 35 of the constitution, out of which Article 12, 13, 33, 34 and 35 explains
about the applicability of the rights that are categories in the articles from 14 to 32.
Fundamental Rights in Indian constitution:
After reading about the genesis of Fundamental Rights in India Constitution, let us
see the Rights, those are incorporated in the Constitution as fundamental or basic.
In the original constitution, adopted in 1950, there were seven sets of rights,
designated as Fundamental. But, in the time of Janata Government in 1978, by
forty-fourth amendment to the constitution, the Right to Property was repealed.
Since then we, the people of India enjoy six sets of Fundamental Rights. The
constitution includes these rights from Article to 12 to 35 of the constitution, out of
which Article 12, 13, 33, 34 and 35 explains about the applicability of the rights that
are categories in the articles from 14 to 32.Let us see what are those rights in the
six categories
1. Right to Equality: Articles 14 to 18 of the constitution deals with Right to Equality.
There are several rights under this category. These rights are-
a) Equality before Law: According to Article 14 of the constitution the State shall
not deny to any person equality before the law or the equal protection of the laws
within India. The law makes no discrimination or distinction on the basis of status or
position of citizen and in like circumstances citizens get like treatment. By equality
7/28/2019 Indian Cons and Polity
21/88
before law, the constitution describes the negative concepts of law means absence
of any special privilege and equal protection of the law is a more positive concept,
implying the right to equal treatment in equal circumstances.
However equality before law does not mean
absolute equality or equality among un-equals but among equals. It does notprohibit the classification of person into different groups.
b)Prohibition Against Discrimination: According to Article 15 there should not be any
discrimination against a citizen on the ground only of race, religion, caste, sex,
place of birth or any of them. No citizen shall on any of these grounds, be denied
access to shops, hotels, public restaurant, and places of public entertainment; or
the use of wells, tanks, bathing ghats, roads and places of public resort maintained
wholly or partly out of State funds or dedicated to the use of the general public.
This Article also says that nothing shall prevent the State from making any specialprovision for women, children and for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes.
c)Equality of Opportunity: Article 16 of the constitution provides for equality of
opportunities for all citizens in matters relating to employment or appointment to
any office under the state. Citizen shall not, on grounds only of religion, race, caste,
sex, descent, place of birth, residence or any of them, be ineligible for, or
discriminated against in respect of, any employment or office in India. Theconstitution, however, does not debar the Parliament from making any law
prescribing essential qualification in regards to a class or classes of employment to
any office. It is also laid down that this rights shall not prevent the state from
making any provision for reservation in favour of any backward class of citizen
which, is not adequately represented.
d)Abolition of Untouchability: The Article 17 of the constitution, for eradicating the
evil practice of untouchability in India, abolishes untouchability and makes its
practice in any form an offence punishable under the law.
e) Text Box: Article 18 and Bharat Ratna A question had arisen whether the
Bharat Ratna, Padma Vibhushan, Padma Bhusan and Padma Shri civilian Awards
conferred by the President on Republic Day for outstanding meritorious service
were violative of article 18 of the Constitution. Under stay order from Supreme
7/28/2019 Indian Cons and Polity
22/88
Court, no awards were announced for several years. Awards have since been
resumed. The Supreme Court has held that these awards are not titles within the
meaning of article 18 and that if any awardee uses the award as a title by suffixing
or prefixing it with his or her name, he should forfeit the award (Kashyap, 2011;
117). Abolition of Titles: According to the Article 18 of the Constitution, state shall
not confer any title, not being a military or academic distinction. It also says thatCitizen of India shall not accept any title from any foreign State. Even the non-
Indians in the service of Indian State cannot accept titles from foreign State without
the permission of the President of India. This provision aims at ensuring equality for
all.
Thus, the constitution, from Article 14 to 18 grants right to equality to the
people of India. These rights, along with the provisions of equality, also provide
protective discrimination. These are both positive and negative.
2. Right to Freedom: The second set of Rights which we can find in our constitution
is Right to Freedom. Four Articles starting from Article 19 to 22 deals with these
rights. Let us see the rights that we can enjoy under these articles.
a) Six Fundamental Freedoms: In Article 19 of the Constitution we find six basic
freedoms of the people. These were originally seven, but 44th amendment omitted
the the right to private property and leave only six freedoms. According to Article
19 of the constitution all citizens of India shall have the right-
(i) To freedom of speech and expression;
(ii) To assemble peaceably and without arms;
(iii) To form associations or unions;
(iv) To move freely throughout the territory of India;
(v) To reside and settle in any part of the territory of India;
and
(vi) To practice any profession, or to carry on any occupation,
trade or business.
These above six freedoms constitute the backbone of the Right to Freedom. Theseare important for the enjoyment of civil and political liberty. Freedom of speech and
expression, freedom of association, freedom of assembly etc are the essential
freedom for democracy. You might have heard about Right to Information. The
Supreme Court of India has now held that Right to Information is covered by the
right to freedom of speech and expression. The are also important for personal
liberty.
7/28/2019 Indian Cons and Polity
23/88
Though the article proclaimed these rights or freedom but they
are not absolute. These freedoms are subject to some reasonable restrictions. For
example, the freedom of speech can be restricted on the grounds of defamation,
security of state, friendly relations with foreign states, contempt of court, decency
or morality, incitement to an offence etc. Freedom of assembly and association can
be curtailed on grounds of public order etc. We have seen that many a time we arerestricted to move freely throughout the territory of Indi for public interest.
b) Protection against Arbitrary Conviction: According to Article 20, the
Constitution protects against the arbitrary conviction in respect of offences
committed to the people. According to the constitution any person shall be
convicted of any offence except for violation of a law in force at the time of the
commission of the Act charged as an offence, nor be subjected to any penalty
greater than that which might have been inflicted under the law in force at the time
of the commission of the offence. It also says that no person shall be prosecutedand punished for the same offence more than once and no person accused of any
offence shall be compelled to be a witness against himself.
c) Protection of life and personal liberty: Article 21 of the constitution provides
protection to the life and liberty of citizens as well as non-citizens. The Constitution
here says that no person shall be deprived of his life or personal liberty except
according to procedure established by law. It provides the right not to be subjected
to imprisonment, arrest or physical coercion in any manner without legal
justification. Here procedure established by law denotes the awarding ofpunishment in accordance with law and according to the set procedure.
d) Right to Education: We may have seen advertisements in different places
mentioning the right to education. Article 21A of the constitution deals with it. This
Article was added as a new article by the constitution by following 86th
Amendment. It provides for free and compulsory education for all children between
the age of six to fourteen years.
Text Box: AFSPA Many of you have heard about Arm Forces Special Power Act. This
act empowers the arm forces with the power of arbitrary arrest and it violates some
other rights also. In Jammu and Kashmir and North East India, where the Act is
imposed restrict the implementation of many Fundamental Rights. Due to its
negative face different section of people have been fighting either for withdrawal of
the Act or for amendment.
7/28/2019 Indian Cons and Polity
24/88
e) Protection Against Arrest and Detention: Under Article 22, the constitution
provides for protection against arbitrary arrest and detention. The constitution lays
down that no person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest nor shall he be denied
the right to consult, and to be defended by, a legal practitioner of his choice. It also
says that Every person who is arrested and detained in custody shall be producedbefore the nearest magistrate within a period of twenty-four hours of such arrest
excluding the time necessary for the journey from the place of arrest to the court of
the magistrate and no such person shall be detained in custody beyond the that
period without the authority of a magistrate.
The constitution, however, allows the state
the power of curbing individuals freedom under some exceptional circumstances.
For example the Parliament and the legislatures have the power to pass preventive
detention acts like TADA, POTA, MISA which can enable the executive to arrest,
detain and imprison any person without trail.
Thus we in the constitution found the right to freedom from article 19 to 22. But
most of these are very limited and restricted in nature.
3. Right Against Exploitation: In Indian Constitution, Articles 23 and 24 deal with
the right against exploitation. Exploitation means misuse of services of others with
the help of force. This right aims at preventing the exploitation of the weaker
sections of the society by a person or by state. The rights available under these two
Articles are-
(i) Traffic in human beings and begar and other similar forms of
forced labour are prohibited and any contravention of this provision shall be an
offence punishable in accordance with law.
(ii) Text Box: Child in Work Many of you have seen boys and girls
below the age of 14 working in house, hotel, Dhaba etc. This is a violation of this
right. Our silence has also contributed in violating this right Nothing in this article
shall prevent the State from imposing compulsory service for public purposes, and
in imposing such service the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.
(iii) 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.
The parliament has enacted several laws to meet the objective set by these
rights. But many a time it is seen that these rights are not enjoyed by the citizen of
India.
7/28/2019 Indian Cons and Polity
25/88
4. Right to Freedom of Religion: In the preamble we read that secularism is a
feature of Indian constitution. This secularism is ensured in the constitution by using
the Right to Freedom of Religion. It ensures the positive aspect of secularism.
Articles 25 to 28 of the constitution guarantee the right to freedom of religion to thecitizen. The four articles of the constitution says that-
a) Text Box: Popular musician AR Rahman was originally a Hindu but he adopted
and practiced Islam using the right to freedom of religion Freedom of conscience
and free profession, practice and propagation of religion: article 25 of the
constitution provides the freedom of conscience and the right to profess, practice
and propagate any religion. This means there is no state religion in India and all
religions are equal. People enjoy the right to practice any religion that he or she
likes.
b) Freedom to manage Religious Affairs: In Article 26, the constitution lays down
that every religious domination of any section has the right to establish and
maintain institutions for religious and charitable purpose, to manage its own affairs
in matters of religion, to own and acquire movable and immovable property, and to
administer such property in accordance with law.
c) Freedom as to payment of taxes for promotion of any particular religion:
Under Article 27, the constitution lays down that no person shall be compelled to
pay any taxes, the proceeds of which are specifically appropriated in payment ofexpenses for the promotion or maintenance of any particular religion or religious
denomination.
d) Freedom as to attendance at religious instruction or religious worship in
certain educational institutions: Under Article 28, the constitution lays three
important rights. These are-
(i) No religious instruction shall be provided in any educational
institution wholly maintained out of State funds.
(ii) However, it does not apply to an educational institution which is
administered by the State but has been established under any endowment or trust
which requires that religious instruction shall be imparted in such institution.
(iii) No person attending any educational institution can be forced to
participate in a religious worship that may be conducted in the institution.
7/28/2019 Indian Cons and Polity
26/88
This right has certain qualifications. Exercised of this right is subject to public order,
morality and health.
5. Cultural and educational rights: We know that India is a country with many
languages, religions and cultures. The constitution, by cultural and educational
rights provides measures to protect these. Article 29 and 30 of Indian constitution
provide that minority shall have the right to conserve its own language, script,
literature and culture. The idea of incorporating the culture and the educational
rights in the Constitution is to enable the minorities to conserve their culture. The
Constitution guarantees these rights by laying down that-
a) Right to maintain Language, Script and Culture: Under the Article 29 of the
constitution of India it lays down that any section of the citizens residing in India or
any part thereof having a distinct language, script or culture of its own shall have
the right to conserve the same. The Article also lays that citizens shall not be
denied admission into any educational institution maintained by the State or
receiving aid out of State funds on grounds only of religion, race, caste, language or
any of them.
b) Right of minorities to establish and administer educational institutions: Article
30 of the Constitution admits that all minorities, irrespective of religion or language,
shall have the right to establish and administer educational institutions of their
choice. According to the Article in making any law providing for the compulsory
acquisition of any property of an educational institution established and
administered by a minority, the State shall ensure that the amount fixed by or
determined under such law for the acquisition of such property is such as would not
restrict or abrogate the right guaranteed. The State shall not also, in granting aid to
educational institutions, discriminate against any educational institution on the
ground that it is under the management of a minority, whether based on religion or
language.
These rights granted under these Article tries to promote culture and education
both minorities and majorities of the society in homogeneous way. Based on the
philosophy we found in the preamble, these rights ensure every citizens right to
equal and uniform behavior of the state toward its citizens culture.
6. Right to Constitutional Remedies: Article 32 of the Constitution of India provides
for the enforcement of rights to constitutional remedies. As we know that rights in
order to be meaningful must be enforceable and backed by remedies in case of
violation. Our constitution therefore not only guarantees certain fundamental rights
7/28/2019 Indian Cons and Polity
27/88
but under this article providing the right to constitutional remedies also guarantees
the right to move to the Supreme Court for its enforcement. The Constitution, by
this article ensures that-
(i) The right to move the Supreme Court by appropriate
proceedings for the enforcement of the fundamental rights.
(ii) The Supreme Court shall have power to issue directions or orders
or writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari,
whichever may be appropriate, for the enforcement of any of these rights.
(iii) Without prejudice to the powers conferred on the Supreme Court,
the Parliament may by law empower any other court to exercise within the local
limits of its jurisdiction all or any of the powers exercisable by the Supreme Court
for fundamental rights.
(iv) This article also says that the right guaranteed by this article shall
not be suspended except as otherwise provided for by this Constitution.
According to this Article a citizen can move to the Supreme Court for getting his
fundamental rights.
Text Box: Features of Fundamental Rights We can find the followings as features of
Fundamental Rights of Indian Constitution: 1. Elaborative and comprehensive
Fundamental Rights. 2. Special Rights for the minorities. 3. Both negative and
positive rights. 4. Some Rights are for both Citizen and others and some are only for
citizens. 5. Fundamental Rights are not absolute. 6. Constitution also looks atenforcement of the Fundamental Rights. 7. Parliament has the power to amend
Fundamental Rights. 8. Provision for suspension of Fundamental Rights. 9.
Constitutional superiority of the Fundamental Rights. 10. Fundamental Rights apply
not only to the state and its agencies but also to private individuals and
organizations. These six are the fundamental rights guaranteed in part III of the
constitution. While looking at these rights we can see that some of them are
available for all persons and some of them can be claimed only by the Indian
Citizens. For examples- equality before law and equal protection of all laws,
protection in respect of conviction for offences, protection of life and personal
liberty, free and compulsory education for children of 6-14 years, protection against
arrest and detention in certain cases, freedom of religion are for all irrespective
their citizenship. On the other hand non discrimination on the ground of religion,
race, caste, sex etc. equal opportunity in public employment, freedom of speech,
expression are only for citizen of India.
Features and Significance of Fundamental Rights:
7/28/2019 Indian Cons and Polity
28/88
Justice Gajendragadkar described, narrating the significance of Fundamental Rights
as the very foundation and cornerstone of the democratic way of life ushered in
India by the constitution. It represents the basic values cherished by the people of
this country. These were included in the constitution because they are essential forthe development of every individual and to preserve human dignity. The democracy
will not have any meaning without these rights.
The Fundamental Rights guaranteed under the constitution not only
protects but also prevent gross violation of human rights. These rights emphasize
on the fundamental unity of India by guaranteeing to all citizens the access and use
of the same facilities, irrespective of background.
We already know that some fundamental rights apply for persons of any nationality
and others are available only to the citizens of India. This indicates us how these are
so important that even a non citizen must enjoy it. We know that some rights are
positive and some are negative. Fundamental rights primarily protect individuals
from any arbitrary state actions, but as some are negative they are enforceable
against individuals. For example abolition of Untouchability and prohibition of begar
by the constitution check both on state action as well as the action of private
individuals. You may have heard about Kasab, who was arrested in Mumbai. He was
a non Indian citizen and he was arrested for his unlawful activity. India had not
punished or killed him without a trial as the constitution in Fundamental Rights does
not permit that. This implies the significance of these rights.
Directive Principles of State Policy:
After knowing about the Fundamental Rights, it is also important for us to know
about the guiding principles that are available in the Constitution to direct the state.
Dr. BR Ambedkar said about the Directive Principles of State Policies as the Novel
feature of the Constitution. But what we understand by Directive Principles of
State Policies? What is its significance in the constitution? Where these principles
are recorded? What is the History of this Direc