Open sesame: CONSTITUTION of INDIA AT A GLANCE

Table A.1		Parts of the Constitution at a Glance
Parts	Deals with	Article Covered
I	The Union and its territory	1 to 4
II	Citizenship	5 to 11
III	Fundamental Rights	12 to 35
IV	Directive Principles of State Policy	36 to 51
IV-A	Fundamental Duties	51-A
V	The Union government	52 to 151
VI	The State governments	152 to 237
VIII	The Union territories	239 to 242
IX	The Panchayats	243 to 243-O
IX-A	The Municipalities	243-P to 243-ZG
X	The Scheduled and Tribal Areas	244 to 244-A
XI	Relations between the Union and the States	245 to 263
XII	Finance, property, contracts and suits	264 to 300-A
XIII	Trade, commerce and intercourse within the Territory of India	301 to 307
XIV	Services under the Union and the States	308 to 323
XIV-A	Tribunals	323-A to 323-B
XV	Elections	324 to 329-A
XVI	Special provisions to SCs, STs, OBCs and Anglo-Indians	330 to 342
XVII	Official language	343 to 351
XVIII	Emergency provisions	352 to 360
XIX	Miscellaneous	361 to 367
XX	Amendment of the Constitution	368
XXI	Temporary, transitional and special provisions	369 to 392
XXII	Short title, commencement, authoritative text in Hindi and repeals	393 to 395

Table A.2

Important Articles of the Constitution at a Glance

UNION AND ITS TERRITORY

1. Name and territory of the union
2. Admission or establishment of new states

2A.      (Repealed) and provided for the grant of an associate state status to Sikkim.

1. Formation of new states and alteration of areas, boundaries or names of existing states.
2. Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

CITIZENSHIP

1. Citizenship at the commencement of the Constitution.
2. Rights of citizenship of certain persons who have migrated to India from Pakistan.
3. Rights of citizenship of certain migrants to Pakistan.
4. Rights of citizenship of certain persons of Indian origin residing outside India.
5. Persons voluntarily acquiring citizenship of a foreign state not to be citizens.
6. Continuance of the rights of citizenship.
7. Parliament to regulate the right of citizenship by law.

FUNDAMENTAL RIGHTS

1. Definition of state.
2. Laws inconsistent with or in derogation of the fundamental rights.
3. Equality before law.
4. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
5. Equality of opportunity in matters of public employment.
6. Abolition of untouchability.
7. Abolition of titles.
8. Protection of certain rights regarding freedom of speech, etc.
9. Protection in respect of conviction for offences.
10. Protection of life and personal liberty.

21A.    Right to elementary education.

1. Protection against arrest arid detection in certain cases.
2. Prohibition of traffic in human beings and forced labour.
3. Prohibition of employment of children in factories, etc.
4. Freedom of conscience and free profession, practice and propagation of religion.
5. Freedom of manage religious affairs.
6. Freedom as to payment of taxes for promotion of any particular religion.
7. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
8. Protection of interest of minorities.
9. Right of minorities to establish and administer educational institutions.
10. (Repealed).

31A.    Saving of laws providing for acquisition of estates, etc.

31B.     Validation of certain acts and regulations under schedule IX

31C.     Saving of laws giving effect to certain directive principles especially under Articles 39 (b) and c; inserted by 25^th.Amendment Act-1971

31D.    (Repealed).

1. Remedies for enforcement of fundamental rights including writs.

32A.    (Repealed).

1. Power of Parliament to modify the fundamental rights in their application to forces, etc.
2. Restriction on fundamental rights while martial law is in force in any area.
3. Legislation to give effects to some of the provisions of fundamental rights.

DIRECTIVE PRINCIPLES OF STATE POLICY

1. Definition of State.
2. Application of the directive principles.
3. State to secure a social order for the promotion of welfare of the people.
4. Certain principles of policy to be followed by the State.
5. Organisation of village panchayats.
6. Right to work, to education, and to public assistance in certain cases.
7. Provision for just and humane conditions of work and maternity relief.
8. Living wage, etc. for workers.

43A.    Participation of workers in management of industries; inserted by 42^nd.Amendment Act-1976.

1. Uniform civil code for the citizens.
2. Provision for early childhood care and education to children below the age of six years.
3. Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.
4. Duty of the sate to raise the level of nutrition and the standard of living and to improve public health.
5. Organization of agriculture and animal husbandry.

48A.    Protection and improvement of environment and safeguarding of forests and wild life.

1. Protection of monuments and places and objects of national importance.
2. Separation of judiciary from executive.
3. Promotion of international peace and security.

FUNDAMENTAL DUTIES

51A.    Fundamental duties.

PRESIDENT AND VICE-PRESIDENT

1. The President of India.
2. Executive power of the union.
3. Election of president.
4. Manner of election of president. 
5. Term of office of president.
6. Eligibility of re-election.
7. Qualification for election as president.
8. Conditions of president’s office
9. Oath or affirmation by the president.
10. Procedure for impeachment of the president.
11. Time of holding election to fill vacancy in the office of president and the term of office of per son elected to fill casual vacancy.
12. The vice-president of India.
13. The vice-president to be ex-officio chairman of the council of states.
14. The vice-president to act as president or to discharge his functions during casual vacancies in the office, or during the absence, of president.
15. Election of vice-president.
16. Term of office of vice-president.
17. Time of holding election to fill vacancy in the office of vice-president and term of office of person elected to fill casual vacancy.
18. Oath or affirmation by the vice-president.
19. Discharge of president’s functions in other contingencies.
20. Matters relating to, or connected with, the election of a president or vice-president.
21. Power of president to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
22. Extent of executive power of the union.

UNION MINISTERS AND ATTORNEY GENERAL

1. Council of ministers to aid and advise president.
2. Other provisions as to ministers.
3. Attorney-General for India.
4. Conduct of business of the Government of India.
5. Duties of prime minister as respects the furnishing of information to the president, etc.

PARLIAMENT

1. Constitution of Parliament.
2. Composition of the council of states.
3. Composition of the House of the people.
4. Readjustment after each census.
5. Duration of Houses of Parliament.
6. Qualification for membership of Parliament.
7. Sessions of Parliament, prorogation and dissolution.
8. Right of president to address and send messages to Houses.
9. Special address by the president.
10. Rights of ministers and Attorney General as respects Houses.
11. The Chairman and deputy chairman of the council of states.
12. Vacation and resignation of, and removal from the office of deputy chairman
13. Power of the deputy chairman or other person to perform the duties of the office of, or to act as, chairman.
14. The chairman or the deputy chairman not to preside while a resolution for his removal from office is under consideration.
15. The speakers and deputy speaker of the House of the people.
16. Vacation and resignation of, and removal from the offices of speaker and deputy speaker.
17. Power of the deputy speaker or other person to perform the duties of the office of, or to act as, speaker.
18. The speaker or the deputy speaker not to preside while a resolution for his removal from office is under consideration.
19. Salaries and allowances of the chairman and deputy chairman and the speaker and deputy speaker.
20. Secretariat of Parliament.
21. Oath or affirmation by members.
22. Voting in Houses, Power of Houses to act notwithstanding vacancies and quorum.
23. Vacation of seats.
24. Disqualifications for membership.
25. Decision on questions as to disqualifications of members.
26. Penalty for sitting and voting before making an oath or affirmation under Article 99 or when not qualified or when disqualified.
27. Powers, privileges, etc, of the Houses of Parliament and of the members and committees thereof.  
28. Salaries and allowances of members.
29. Provisions as to introduction and passing of bills.
30. Joint sitting of both Houses in certain cases.
31. Special procedure in respect of money bills. 
32. Definition of ‘money bills’.
33. Assent to bills.
34. Annual financial statement (budget).
35. Procedure in Parliament with respect to estimates.
36. Appropriation bills
37. Supplementary, additional or excess grants
38. Votes on account, votes of credit and exceptional grants
39. Special provisions as to financial bills
40. Rules of procedure
41. Regulation by law of procedure in Parliament in relation to financial business.
42. Language to be used in Parliament.
43. Restriction on discussion in Parliament.
44. Courts not to inquire into proceedings of Parliament.
45. Power of president to promulgate ordinances during recess of Parliament.

SUPREME COURT

1. Establishment and Constitution of Supreme Court.
2. Salaries, etc., of judges.
3. Appointment of acting chief justice.
4. Appointment of adhoc judges.
5. Attendance of retired judges at sittings of the Supreme Court
6. Supreme Court to be court of record.
7. Seat of Supreme Court.
8. Original jurisdiction of the Supreme Court.

131A.  (Repealed)

1. Appellate jurisdiction of Supreme Court in appeals from high courts in certain cases.
2. Appellate jurisdiction of Supreme Court in appeals from high courts in regard to civil matters.
3. Appellate jurisdiction of Supreme Court in regard to criminal matters.
4. Jurisdiction and powers of the federal court under existing law to be exercisable by the Supreme Court.
5. Special leave to appeal by the Supreme Court.
6. Review of judgements or orders by the Supreme Court
7. Enlargement of the judgements or orders by the Supreme Court.
8. Conferment on the Supreme court of powers to issue certain writs.

139A.  Transfer of certain cases.

1. Ancillary powers of Supreme Court.
2. Law declared by Supreme Court to be binding on all courts.
3. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
4. Power of president to consult Supreme Court.
5. Civil and judicial authorities to act in aid of the Supreme Court.
6. Rules of Court, etc.
7. Officers and servants and the expenses of the Supreme Court.
8. Interpretation.

COMPTROLLER AND AUDITOR GENERAL OF INDIA

1.  Comptroller and Auditor General of India.
2. Duties and powers of the Comptroller and Auditor General.
3. Form of accounts of the Union and of the states.
4. Audit reports.

GOVERNOR

1. Definition of state.
2. Governors of states.
3. Executive power of state.
4. Appointment of governor.
5. Term of office of governor.
6. Qualifications for appointment as governor.
7. Conditions of governor’s office.
8. Oath or affirmation by the governor.
9. Discharge of the functions of the governor in certain contingencies.
10. Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
11. Extent of executive power of state.

STATE MINISTERS AND ADVOCATE GENERAL

1. Council of ministers to aid and advise governor.
2. Other provisions as to ministers.
3. Advocate General for the state
4. Conduct of business of the government of a state.
5. Duties of chief minister as respects the furnishing of information to Governor, etc.
6. Constitution of legislatures in states.
7. Abolition or creation of legislative councils in states.
8. Composition of the legislative assemblies.
9. Composition of the legislative councils.
10. Duration of state legislatures.
11. Qualification for membership of the state legislature
12. Sessions of the state legislature, prorogation and dissolution.
13. Right of governor to address and send messages to the House of Houses.
14. Special address by the governor.
15. Rights of ministers and Advocate General as respects the Houses.
16. The Speaker and Deputy Speaker of the legislative assembly.
17. Vacation and resignation of and removal from the office of Speaker and Deputy Speaker.
18. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, speaker.
19. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
20. The Chairman and Deputy Chairman of the legislative council.
21. Vacation and resignation of, and removal from the offices of Chairman and Deputy chairman.
22. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
23. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
24. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
25. Secretariat of state legislature.
26. Oath or affirmation by members.
27. Voting in Houses, Power of Houses to act notwithstanding vacancies and quorum.
28. Vacation of seats.
29. Disqualifications for membership.
30. Decision on questions as to disqualifications of members.
31. Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified.
32. Powers, privileges, etc, of the Houses of Parliament and of the members and committees thereof.  
33. Salaries and allowances of members.
34. Provisions as to introduction and passing of bills.
35. Restriction on powers of legislative council as to bills other than money bills.
36. Special procedure in respect of money bills.
37. Definition of ‘money bills’.
38. Assent to bills
39. Bills reserved for consideration of the president.
40. Annual financial statement.
41. Procedure in legislature with respect to estimates.
42. Appropriation bills
43. Supplementary, additional or excess grants
44. Votes on account, votes of credit and exceptional grants
45. Special provisions as to financial bills
46. Rules of procedure
47. Regulation by law of procedure in the legislature of the state in relation to financial business.
48. Language to be used in the legislature.
49. Restriction on discussion in the legislature.
50. Courts not to inquire into proceedings of the legislature.
51. Power of governor to promulgate ordinances during recess of legislature.

HIGH COURTS

1. High courts for states.
2. High courts to be courts of record.
3. Constitution of high courts.
4. Appointment and conditions of the office of the judge of a high court.
5. Application of certain provision relating to Supreme Court to High courts.
6. Oath or affirmation by judges of high courts.
7. Restriction on practice after being a permanent judge.
8. Salaries etc., of judges.
9. Transfer of a judge from one high court to another.
10. Appointment of acting chief justice.
11. Appointment of additional and acting judges.

224A.  Appointment of retired judges at sittings of high courts.

1. Jurisdiction of existing high courts.
2. Power of high courts to issue certain writs.

226A.(Repealed).

1. Power of superintendence over all courts by the high court
2. Transfer of certain cases to high court.

228(A) (Repealed).

1. Officers and servants and the expenses of high courts.
2. Extension of jurisdiction of high courts to union territories.
3. Establishment of a common high court for two or more states.
4. (Repealed).

SUBORDINATE COURTS

1. Appointment of district judges.

233A.  Validation of appointment of and judgments, etc., delivered by, certain district judges.

1. Recruitment of persons other than district judges to the judicial service.
2. Control over subordinate courts.
3. Interpretation.
4. Application of the provisions of this chapter to certain class or classes of magistrates
5. (Repealed).

UNION TERRITORIES

1. Administration of union territories.

239A.  Creation of local legislatures or council of ministers or both for certain union territories.

239AA.Special provision with respect to Delhi.

239AB. Provision in case of failure of constitutional machinery.

1.  Power of administrator to promulgate ordinances during recess of legislature.
2. High Courts for union territories.
3. (Repealed).

PANCHAYATS

1. Definitions.

243A.  Gram Sabha.

243B.   Constitution of panchayats.

243C.   Composition of panchayats.

243D.  Reservation of seats.

243E.   Duration of panchayats. etc.

243F.   Disqualifications for membership.

243G.  Powers, authority and responsibility of panchayats.

243H.  Powers to impose taxes by, and funds of the panchayats.

243I.    Constitution of finance commission to review financial position.

243J.    Audit of accounts of panchayats.

243K.  Elections to the panchayats.

243L.   Application to union territories.

243M.  Part not to apply to certain areas.

243N.  Continuance of existing laws and panchayats.

243O.  Bar to interference by courts in electoral matters.

MUNICIPALITIES

243P.   Definitions.

243Q.  Constitution of municipalities.            

243R.   Composition of municipalities.

243S.   Constitution and composition of wards committees, etc.        

243T.   Reservation of seats.

243U.  Duration of municipalities, etc.

243V.  Disqualifications for membership.

243W.  Powers, authority and responsibilities of municipalities, etc.  

243X.  Power to impose taxes by, and funds of, the municipalities.

243Y.  Finance commission.

243Z.   Audit of accounts of municipalities.

243ZA. Elections to the municipalities.

243ZB. Application to union territories.

243ZC. Part not to apply to certain areas.         

243ZD. Committee for district planning.

243ZE. Committee for metropolitan planning.

243ZF. Continuance of existing laws and municipalities.

243ZG. Bar to interference by courts in electoral matters.

SCHEDULED AND TRIBAL AREAS         

1. Administration of scheduled areas and tribal areas.

244A.  Formation of an autonomous state comprising certain tribal areas in Assam for example, Meghalaya and creation of local legislature or council of ministers or both therefor.  

CENTRE-STATE LEGISLATIVE RELATIONS

1. Extent of laws made by Parliament and by the legislature of states.
2. Subject-matter of laws made by Parliament and by the legislatures of states.
3. Power of Parliament to provide for the establishment of certain additional courts.
4. Residuary powers of legislation.
5. Power of Parliament to legislate with respect to a matter in the State List in the national interest.
6. Power of Parliament to legislate with respect to any matter in the State List if a proclamation of emergency is in operation.
7. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the legislatures of states.
8. Power of Parliament to legislate for two or more states by consent and adoption of such legislation by any other state.
9. Legislation for giving effect to international agreements.
10. Inconsistency between laws made by Parliament and laws made by the legislatures of states.
11. Requirements as to recommendations and previous sanctions to be regarded as matters of procedures only.

CENTRE-STATE ADMINISTRATIVE RELATIONS

1. Obligation of states and the Union.
2. Control of the Union over states in certain cases.

257A.  (Repealed)

1. Power of the Union to confer powers, etc., on states in certain cases

258A.  Power of the states to entrust functions on to the Union.

1. (Repealed).
2. Jurisdiction of the Union in relation to territories outside India.
3. Public acts, records and judicial proceedings.
4. Adjudication of disputes relating to waters of inter-state rivers or river valleys.
5. Provision with respect to an inter-state council.

CENTRE-STATE FINANCIAL RELATIONS

1. Interpretation.
2. Taxes not to be imposed save by authority of law.
3. Consolidated Funds and public accounts of India and of the states.
4. Contingency Fund.
5. Duties levied by the Union but collected and appropriated by the states.
6. Taxes levied and collected by the Union but assigned to the states.
7. Taxes levied and distributed between the Union and the states.
8. Surcharge on certain duties and taxes for purposes of the Union.
9. (Repealed).
10. Grants in lieu of export duty on jute and jute products.
11. Prior recommendation of president required to bills affecting taxation in which states are interested.
12. Grants from the Union to certain states.
13. Taxes on professions, trades, callings and employments.
14. Savings
15. (Repealed)
16. Calculation of net proceeds, etc.
17. Finance Commission.
18. Recommendations of the finance commission.
19. Expenditure defrayable by the Union or a state out of its revenues.
20. Custody, etc. of consolidated funds, contingency funds and moneys credited to the public accounts.
21. Custody of suitors deposits and other moneys received by public servants and courts.
22. Exemption of property of the Union from state taxation.
23. Restrictions as to imposition of tax on the sale or purchase of goods.
24. Exemption from taxes on electricity.
25. Exemption from taxation by states in respect of water or electricity in certain cases.
26. Exemption of property and income of a state from Union taxation.
27. Adjustment in respect of certain in expenses and pensions.

290A.  Annual payment to certain devaswom funds.

1. (Repealed).
2. Borrowing by the Government of India.
3. Borrowing by states.

RIGHTS AND LIABILITIES OF THE GOVERNMENT

1. Succession of property, assets, liabilities and obligations in certain cases.
2. Succession of property, assets, liabilities and obligations in other cases.
3. Property accruing by escheat or lapse or bona vacantia.
4. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
5. Power to carry on trade, etc.
6. Contracts.
7. Suits and proceedings.

RIGHT TO PROPERTY

300A.  Persons not to be deprived of property save by authority of law.

1. Freedom of trade, commerce and intercourse.
2. Power of Parliament to impose restrictions on trade, commerce and intercourse.
3. Restrictions on the legislative powers of the Union and of the states with regard to trade and commerce.
4. Restrictions on trade, commerce and intercourse among states.
5. Saving of existing laws and laws providing for state monopolies.
6. (Repealed).
7. Appointment of authority for carrying out the purposes of Articles 301 to 304.

PUBLIC SERVICES

1. Interpretation.
2. Recruitment and conditions of service of persons serving the Union or a state.
3. Tenure of office of persons serving the union or a state.
4. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state.
5. All-India services.

312A.  Power of Parliament to vary or revoke conditions of service of officers of certain services.

1. Transitional provisions.
2. (Repealed).

PUBLIC SERVICE COMMISSIONS

1. Public Service Commissions for the Union and for the states.
2. Appointment and term of office of members.
3. Removal and suspension of a member of a Public Service Commission.
4. Power to make regulations as to conditions of service of members and staff of the commission.
5. Prohibition as to the holding of offices by members of the commission on ceasing to be such members.
6. Functions of public service commissions
7. Power to extend functions of Public Service Commissions.
8. Expenses of Public Service Commissions.
9. Reports of Public Service Commissions.

TRIBUNALS

323A.  Administrative tribunals.

323B.   Tribunals for other matters.

ELECTIONS

1. Superintendence, direction and control of elections to be vested in an Election Commission.
2. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll no grounds of religion, race, caste or sex.
3. Elections to the House of the people and to the legislative assemblies of states to be on the basis of adult suffrage.
4. Power of Parliament to make provision with respect to elections to legislatures.
5. Power of legislature of a state to make provision with respect to elections to such legislature.
6. Bar to interference by courts in electoral matters.

329A.  (Repealed).

SPECIAL PROVISIONS FOR SCs, STs & OTHERS

1. Reservation of seats for scheduled castes and scheduled tribes in the House of the people.
2. Representation of the Anglo-Indian community in the House of the people.
3. Reservation of seats for scheduled castes and scheduled tribes in the legislative assemblies of the states.
4. Representation of the Anglo-Indian community in the legislative assemblies of the states.
5. Reservation of seats and special representation to cease after sixty years.    
6. Claims of scheduled castes and scheduled tribes to services and posts.
7. Special provision for Anglo-Indian community in certain services.
8. Special provision with respect to educational grants for the benefit of anglo-Indian community.
9. National commission for scheduled castes and scheduled tribes.
10. Control of the Union over the administration of scheduled areas and the welfare of scheduled tribes.
11. Appointment of a commission to investigate the conditions of backward classes.
12. Scheduled castes.
13. Scheduled tribes.

OFFICIAL LANGUAGE

1. Official language of the Union
2. Commission and committee of Parliament on official language.
3. Official language or languages of a state.
4. Official languages for communication between one state and another or between a state and the Union.
5. Special provision relating to language spoken by a section of the population of a state.
6. Language to be used in the Supreme Court and in the high courts and for acts, bills, etc.
7. Special procedure for enactment of certain laws relating to language.
8. Language to be used in representations for redress of grievances

350A.  Facilities for instruction in mother-tongue at primary stage.

350B.   Special officer for linguistic minorities.

1. Directive for development of the Hindi language.

EMERGENCY PROVISIONS

1. Proclamation of emergency (national emergency).
2. Effect of proclamation of emergency.
3. Application of provisions relating to distribution of revenue while a proclamation of emergency is in operation.
4. Duty of the Union to protect states against external aggression and internal disturbance.
5. Provisions in case of failure of constitutional machinery in states (president’s rule).
6. Exercise of legislative powers under proclamation issued under article 356.
7. Suspension of provisions of Article 19 during emergencies.
8. Suspension of the enforcement of fundamental rights during emergencies

359A.  (Repealed).

1. Provisions as to financial emergency.

MISCELLANEOUS

1. Protection of president and governors and rajpramukhs.

361A.  Protection of publication of proceedings of Parliament and state legislatures.

1. (Repealed).
2. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.

363A.  Recognition granted to rulers of Indian states to cease and privy purses to be abolished.

1. Special provisions as to major ports and aerodromes.
2. Effect of failure of comply with, or to give effect to directions given by the Union (president’s rule).
3. Definitions.
4. Interpretation.

AMENDMENT OF THE CONSTITUTION

1. Power of Parliament to amend the Constitution and procedure therefor.

TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

1. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
2. Temporary provision with respect to the State of Jammu and Kashmir.
3. Special provision with respect to the States of Maharashtra and Gujarat.

371B.   Special provision with respect to the State of Nagaland.

371C.   Special provision with respect to the State of Assam.

371D.  Special provision with respect to the State of Manipur.

371E.   Establishment of central university of Andhra Pradesh.

371F.   Special provision with respect to the State of Sikkim.

371G.  Special provision with respect to the State of Mizoram.

371H.  Special provision with respect to the State of Arunachal Pradesh.

371I.    Special provision with respect to the State of Goa.

1. Continuance in force of existing laws and their adaptation.

372A.  Power of the president to adapt laws.

1. Power of president to make order in respect of persons under preventive detention in certain cases.
2. Provisions as to judges of the federal court and proceedings pending in the federal court or before His Majesty in Council.
3. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
4. Provisions as to judges of high courts.
5. Provisions as to Comptroller and Auditor General of India.
6. Provisions as to Public Service Commissions.

378A.  Special provisions as to duration of Andhra Pradesh Legislative Assembly 379-(Repealed).

1. Power of the president to remove difficulties.

SHORT TITLE, COMMENCEMENT, ETC

1. Short title.
2. Commencement.
3. Authoritative in the Hindi language.
4. Repeals.

Table A.3	Schedules of the Constitution at a Glance
Schedules	Deals with
First	Names and territorial extent of 28 States and 7 Union Territories of the Indian Union.
Second	Emoluments, allowances, privileges and so on of the President of India, the State Governors, the Speaker, and the Deputy Speaker of the Lok Sabha and the State legislative assemblies, the Chairman and the Deputy Chairman of the Rajya Sabha and the State Legislative Councils, the Judges of the Supreme Court and the state high courts, the Comptroller and Auditor-General of India.
Third	Forms of oaths or affirmations to be made by the Union and state ministers, the Members of the Parliament and the state legislatures, the Judges of the Supreme Court and the state high courts, the Comptroller and Auditor-General of India, and the candidates for election to the Parliament, and the state legislatures.
Fourth	Number of seats allotted to various states and union territories in the Rajya Sabha.
Fifth	Administration and control of scheduled areas and scheduled tribes.
Sixth	Administration of tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.
Seventh	Division of powers between the Union and the States in terms of Union List (originally 97 but presently 99 subjects), State List (originally 66 but presently 61 subjects) and Concurrent List (originally 47 but presently 52 subjects).
Eighth	Languages (originally 14 but presently 22) recognized by the Constitution. They are Assemese, Bengali, Gujarati, Hindi, Kannada, Kaskmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telegu and Urdu. Sindhi was added by the 21st Amendment (1967) while Konkani, Manipuri and Nepali were added by the 71st Amendment (1992). 92nd Amendment (2003) added Bodo, Dogri, Maithili and Santhali.
Ninth	Acts and Regulations (originally 13 but presently about 300) of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. These are immune from judicial review even on the ground of violation of a fundamental right. However, they can be challenged on the ground of being violative of the basic structure of the Constitution. This schedule was added by the 1st Amendment (1951).
Tenth	Disqualification of the members of Parliament and state legislatures on the ground of defection. This schedule was added by the 52nd Amendment Act, also known as Anti-defection Act (1985).
Eleventh	Powers, authority and responsibilities of Panchayats. It has 29 subjects. This schedule was added by the 73rd Amendment (1992).
Twelfth	Powers, authority and responsibilities of municipalities. It has 18 subjects. This schedule was added by the 74th Amendment (1992).

  

What is a Constitution?

1. Whenever a civilized society decides to organize itself politically by which it is meant that the said society decides to put in place an organized system of government, it is most likely faced with some of the vital questions with regard to the aspects such as: What system of government it would have? What will be the principal organs of such a government and how and in what manner will they be constituted? or what will the main functions and powers of such organs be? At the same time, it will also be encountered with many other questions of the auxiliary nature such as: What shall be the status of the citizens under such a polity or political system and above all, what kind of rights & privileges that the subjects of such a political system will have access to etc.?... All such questions and many more of the similar nature are being answered by such a society by preparing a comprehensive document that constitutes its fundamental law of the land. This fundamental law of the land is what we call a CONSTITUTION.

Therefore, a Constitution may be defined as a document having a special legal sanctity which sets out the framework for the kind of a political system that a state might have, the principal organs of its government, their functions and powers as well as the guiding principles that govern the operation of such organs whereas, for all practical purposes or otherwise, the said document is being considered as sacrosanct & supreme law of the land. A constitution being the first law of a country, it does not make other laws being sub-servient or inferior to it, but necessarily make them to be drafted within the bounds of the Constitution.

How about defining a Constitution as being a kind of written contract between the rulers and the ruled wherein, the ruled employ the rulers for a fixed duration to run the affairs of the government on their behalf strictly according to the terms and conditions written in a document called as Constitution.

Traditionally, every constitution is known to have created 3 main organs of the government that are noted for performing their respective traditional functions such as:

1. Legislature: responsible for making laws, to amend or repeal them.
2. Executive: responsible for execution of the laws made by the legislature.
3. Judiciary: responsible for the interpretation as well as the enforcement of the laws as well as the administration of justice.
4. Although, above 3 are the principal organs that every constitution invariably creates for a country, there are nevertheless some other organs too that a constitution generally provides for their creation given the exigencies or the necessities that a working government might throw at. This is the reason that even  the Indian constitution also provides for the creation of the  instrumentalities like the Finance  commission for the purposes of an  equitable distribution of revenue resources between the centre and among the states or between the states inter-se.

Types/classification of the constitutions

1. The world constitutions in entirely may be classified into the following principal types:
2. Written or Un-written constitutions:
3. Unitary or Federal constitutions:
4. Flexible or rigid constitutions:

What’s a written constitution?

1. A constitution that establishes a kind of polity or political system on the basis of the provisions written into a document that constitutes the supreme law of the land is called a written constitution. The constitution of the United State of America that was promulgated way back in (1787) became the world’s first written constitution. Later on other states as they became independent & sovereign also drafted their own constitutions in the written form of which India also became one of such countries to have a written constitution, the task for writing the same was accomplished on Nov.26, 1949 that involved an arduous task of writing the same over a period of 2 years, 11 months and 18 days..

What’s an un-written constitution? 

1. A constitution is called an un-written if it is not embodied in a written and hence, into a one single comprehensive document. Instead, it is found scattered and interspersed in a number of sources right from the custom & usages to conventions and common law cases.
2.  In the world Polity today, it is perhaps only the Great Britain that is known to have an unwritten constitution. Therefore, the provisions that actually constitute the un- written constitution of G.B. as a whole may be attributed to a number of sources such as court decisions, common law principles as well as historical conventions & usages. As such, there is no single document in England that can strictly be called an instructional manual to initiate one into a complete study of the constitutional law of that country. It was to these conventions & usages that practically constitute the constitution of England what John Stuart Mill described as “Unwritten – maxims”. Whereas, the great British thinker, A.V. Dicey referred to them as conventions of the constitution.
3. The only visible manifestation of an - unwritten Constitution is that there is no distinction between the two species of law; the one that is being made under the provisions of the constitution and the other that takes the form of administrative fiats, executive decrees or the Presidential or Governor ordinances having the force of law although, in a written constitution, these need necessarily be made within the bounds of a constitution in order to be valid & a good law.
4. Given thus, in an unwritten constitution, the above distinction does not exist as such thereby, affording an ample room to a state to let it assume an unbridled power and authority to employ any law as an unquestionable instrument of legitimate coercion against a common man at its will and pleasure…

What’s a unitary constitution?

1. A constitution is known as unitary if it sets up one central government in which all powers of the government are concentrated. As such, a unitary government is nothing short of an autocracy or an equivalent of an oligarchy in which just handfuls of the people sitting at the centre call the shots and control the levers of the government in all spheres and decision making. In fact, in a unitary government, the unit governments or the states function as mere cogs in the wheels of the central government and thus, operate as subordinates to the central government and as such, enjoy only those powers that are being delegated to them by the central government in a very limited sphere.
2.       What’s a Federal constitution?
3.       In contrast to the above, a federal constitution or a federal government as such is the one in which there is a clear cut division of powers between the two units of the government respectively called as the central government and state governments. Given the fact of there being a clear cut division of powers between the two tiers of the government, the unit governments in such a system are never been subordinates to the central government instead, they are coordinates to the central government.

Rigid & Flexible constitutions:

1. A rigid constitution is one which requires a special, complex and a more technical procedure for its amendment. On the other hand, a flexible constitution provides for a simple and an uncomplicated procedure for its amendment that is as good as legislating under the ordinary law making process. As such, a flexible constitution simply requires a simple majority in each house of the legislature to get a law passed into an act after receiving the assent of the President or the Governor as the case may be. Such an act therefore has the effect of amending the constitution which otherwise, under a rigid constitution would have simply tantamount to a legislation of an ordinary kind not constituting an amendment of the constitution.
2. To corroborate the point, an example of Indian constitution may be taken that is considered as a unique blend of rigidity & flexibility. As the flexible part of the Indian constitution encompasses certain provisions that can be amended by the simple majority procedure as is followed for enacting ordinary laws. While, at the same time, there are other provisions of the constitution that can only be amended after following a special, more difficult and a technical procedure such that they can be amended by having a special majority in both the houses of the union legislature including as well a ratification on the part of the at least, one half of the state legislative Assemblies. An amendment of this kind is what that is exactly called a constitutional amendment under the provisions of Article-368 of the Indian constitution…

1. What is Constitutional Law?

Legally speaking, the word Constitution is a restrictive term and Constitutional law is a wider term in the sense that the former includes only those rules & regulations of the polity that are specifically written in it while, the latter covers both written and un-written rules as the state follows them consistently as a matter of practice and usage to run its affairs. In short, it can be said that the Constitutional law of a country consists of both legal as well non-legal norms of the polity. Legal norms are always enforced and applied by the courts and if any such norm is violated, courts are there to provide relief and redress. Non-legal norms on the other hand, are not provided there in the Constitution in any written form, but are generally followed by a state over a period of time as a matter of practices being observed over and over again. To such non-legal norms, we generally call as conventions, customs, usages or practices of the Constitution. While, there may be nothing written in the Constitution about these conventions therefore, the courts also become helpless to enforce them in case of their violation. Thus, only possible sanction behind these conventions could more likely be political or public opinion as the former Chief Justice of India, Justice Ahmadi once remarked about the growth of the conventions even within the framework of Indian Polity:

“Conventions grow from long standing accepted practices or by agreement in such areas where the written law is silent and such a convention would not breach the law but fill the gap.”

In more philosophical terms, Constitutional conventions provide the flesh which clothes the dry bones of the law.

To study the Constitutional law of our country in a correct perspective, it would be wrong to assume that the violation of a convention would not lead to a court case and as such, are not enforceable in the court of law. In fact, Indian Constitution is replete with such cases where conventions have been duly recognized and enforced not only by the Indian judiciary but abroad as well thus making us to believe that conventions do influence the outcome of judicial decisions to a great extent. Now with the judicial recognition of conventions, it would not be wrong to conclude that the distinction between law and conventions has now become more blurred rather than apparent.   

INTRODUCTORY: Evolutionary History of India’s Constitution or The Constitutional Development of India:

The Constitution of India is the culmination and expression of the aspirations of the Indian People to be free from the yoke of British Imperialism and control their destiny so as to follow a path of economic prosperity and social justice. The struggle for independence sought not only to attain political freedom but also to secure economic and social justice which could not be possible while living under Imperialist rule.

The Constitution establishes a Sovereign Socialist Secular Democratic Republic and paves the way for securing to the citizens of India economic, social and political justice. It establishes not only a secular parliamentary democracy but also sets an ideal of a social and economic democracy. Apart from the guarantee of Fundamental Rights, it lays down the Directive Principles of State Policy in the pursuance of which the Government has adopted the Socialistic Pattern of Society as its ideal.

Evolution: The Constitution of India in reality has no constitutional history behind it, in respect of its content of sovereignty. Instead, it has long history of political struggle and administrative reforms under the British domination. An historical survey of British rule in India shows that up to 1858, administrative machinery was only meant to govern British India as police-state from England and there was no question of the consultation or cooperation of the people of India. After 1858, although the executive remained entirely responsible to the British Parliament yet in the governance of the country, it tried to ascertain and understand public feelings with a view to making its measures effective and acceptable to the Indians. It was a sort of benevolent despotism tempered by the public interest and the haphazard interest of a remote democracy. The educated classes of Indian population reacted to the despotism and economic exploitation of foreign imperialism and an urge for liberation from alien rule was felt by them. The national movement was started in an organized form as early as 1885 when the Indian National Congress was formed. The main demand at this stage was the association of Indians with the administration of the country. The movement was constitutional and limited to Council Chambers and some concessions for educated Indians were generally sought for.

During the period between 1900 to 1919, Indian politics became radical and revolutionary.

Extremism or Militant Nationalism: This period is known as the period of extremist politics led by Lal-Bal-Pal (Lala Lajpat Rai, Bal GangaDhar Tilak and Bipin Chandra Pal). Tilak’s “freedom is my birthright” became the slogan of the freedom movement. Politics came out of the Council Chambers and the masses were organised. Movements for use of Swadeshi goods and boycott of foreign goods took birth. Besides this extremist movement being led by these great patriots this period also saw the bomb cult. The revolutionary organizations sprang up throughout the country; the Gadar movement being the most important and most pervading of them. This period is known as a period of militant nationalism. The British Government followed a dual policy of suppressing the revolutionary and radical movement and winning over the moderate elements in the political life on the one hand and sowing the seed of communal hatred on the other. The 1909 Reforms extended the representation of Indians in Councils and granted separate communal representation to the Muslims. It was during this period that, for the first time, Indians was included into the Executive Councils of the Governor-General and Governors.

1917 Declaration and 1919 Reforms: As a result of the bombcult-extremist movements and the First World War, the British Government made Declaration of Policy of 1917. In this declaration, the Government promised responsible government to India as soon as possible after the war. But instead of introducing any responsible form of Government in India, it came forward with its 1919 Reforms. These reforms were a milestone in the constitutional development of India. Dyarchy was introduced in the provinces. For the first time, Indians were given some share of power in the provincial administration, however little it was. The administration of the provinces was divided into two parts – Reserved and Transferred. The Reserved subjects were put directly under the British Governors while the transferred half was administered by Indian ministers. The Legislatures had official and elected members, Bicameral Central Legislature, was established, with the lower chamber called the Legislative Assembly, having non-official majority that consisted of a total membership of 144 members of which 104 were elected. This Central Legislature continued till 1947, when power was transferred to Indian hands.

However, these reforms failed to satisfy the political aspirations of India because no responsible government as promised in the 1917 declaration was granted. In fact all powers were concentrated into the hands of the Governor-General at the Centre and Governors in the Provinces. The ministers worked under the pleasure of the Governors and subject to their over-riding powers and whims. From now onwards started the Gandhian era in Indian politics.

Gandhi Enters Politics: Gandhi, who had already won recognition for his successful passive resistance movement in South Africa against Asiatic Law, easily captured the minds of the Indian for his appealing personality. He was a great co-operator and prided in the citizenship of British Empire for which he had a genuine sense of loyalty. He was awarded medal for his meritorious services during World War I. But passing of the Rowlatt Act, severe treatment of Turkey – the seat of the Caliph of Muslim people – and Jallianwala tragedy shook his faith in the British sense of Justice and fairness and turned him a non-co-operator. To forge Hindu-Muslim unity, he extended his help to Muslims and headed the Khilafat Movement. No other period saw such a great Hindu-Muslim co-operation at political level. Millions participated in these movements and went to jail. Gandhiji made the political movement popular with teeming millions of India.

The Russian Revolution: The Russian Revolution of 1917 was a landmark in world history. It had great impact on Indian politics. It was during 1920’s that the Communist Party was formed and the Trade Union movement was organised in India which soon became militant. Socialist, communist and other left organizations came into being. The students, youth and peasants movements sprang up. Young and progressive leaders like Pandit Jawaharlal Nehru and Subhash Chandra Bose entered politics. The Congress began to talk of economic and social programme in Free India. It adopted the policy of linguistic organisation of States. Politics became so militant that in 1929 the Congress at its Lahore Session adopted a resolution for complete Independence of India. It was a step further than the Dominion Status that had been its demand so far.

Communalism: However, it was during 1905 and thereafter that communalism became active. Communal riots occurred on an unprecedented scale. The Hindu Mahasabha and the Muslim League came out of their grooves and began to count in India’s political life though seeds of separatism were sown in 1906 when the Muslim League with the Agha Khan as Chairman was formed and even earlier than this, the Partition of Bengal was done out of communal considerations only. Under the 1909 Reforms, communal representation was conceded to the Muslims and this policy was extended under the 1919 Reforms. The various Unity Conferences for forging Hindu-Muslim Unity failed. The constitution and communal tangle remains unsolved. The communal award of 1932 laid down the foundation of Pakistan and subsequently Mr. Jinnah on the basis of the two nation theory could not be satisfied with less than a separate state for Muslims.

The Simon Commission: The Simon Commission visited India during this period, with a view to making recommendations on the next constitutional step since the 1919 Reforms had proved a failure. It was boycotted by all the political elements in India except the communal parties like the Hindu Mahasabha and a section of the Muslim League. It was during this boycott of the Simon Commission that L. Lajpat Rai got injured at the hands of the police and died at the altar of mother India.

S. Bhagat Singh: While Indian politics had taken to constitutionalism and vested interests were utilizing the communal parties to divide the progressive national forces, a clarion call was given by the great patriot, S. Bhagat Singh. By throwing a bomb in the Central Assembly, he not only expressed the anger of the Indian people against imperialism but also warned the Indian politicians of the purpose before them which they had at the moment forgotten and had fallen in communal squabbles.

Round Table Conferences: The Government called a Round Table Conference to determine the next step in the constitutional advancement of India. It invited representatives of all the reactionary and vested interests in the Indian society. The Indian National Congress, a dominant political force in India refused to participate in the Conference. The Congress started Satyagraha for the demand of complete. Independence, January 26, 1930, was celebrated as Independence Day and it was for this reason that the constitution was inaugurated on 26^th January, 1950. Since then this Independence Day has become the Republic Day.

Congress and the 2^nd Round Table Conference: Gandhiji entered into an agreement with Lord Irwin. This is known as Gandhi Irwin Pact. Gandhiji, as a consequence, participated in the 2^nd Round Table Conference as the sole official representative of the Congress. The Satyagraha was suspended. The Conference failed. Gandhiji was arrested on his return. It was at the Karachi Session (1931) that the Fundamental Rights Resolution was adopted by the congress, which was embodied in the Constitution under the chapter of Fundamental Rights. It was a result of the proceedings of the 2^nd Round Table Conference that the British Government gave Communal Award announced by the then British Prime Minister, Ramsay MacDonald (1932) under which besides giving separate representation to various communities, it gave separate representation to the Muslims even in those provinces where they were in majority as in Bengal and the Punjab. The Harijans were also given separate representation. Thus, a sinister attempt was made to divide the Hindu society as well. Mahatma Gandhi went on fast unto death and it resulted into an agreement under which the Harijans were given reserved representation in place of separate representation. The unity of the Hindu community was thus preserved to some extent.

1935 Act: These constitutional and political developments led to the passage of the 1935 Act which came into operation on Ist April, 1937. This Act provided for a federation for India in which the Indian states were to join British India and granted full provincial autonomy. The Act provided for the political separation of Burma from India. Two new provinces of Sindh and Orissa were created. Dyarchical system of government was established in the British Indian provinces and a similar type of government was proposed to be introduced at the Centre. The provincial part of the Constitution which introduced autonomy in the Provinces was acceptable to the Congress to some extent but the central part was not acceptable. In the elections to the Provincial Assemblies held in 1937, the Congress won a thumping majority in a number of Provinces. It formed governments either independently or in cooperation with other groups in 8 out of 11 provinces. The federal part of the Act never came into operation.

This Act was described by Pandit Jawaharlal Nehru as a ‘Charter of Slavery’. The executive was armed with wide discretionary and over riding authority. In the centre the native States were to join a Federation and would have always sided with the British Government against the Nationalist forces. Further political advancement would have been completely blocked. Except the Hindu Mahasabha, all other parties had rejected the central part of the Act. The present Constitution is to a very large extent an adaptation of the 1935 Act to the changed conditions of free India.

The Second World War: However, after the working of the provincial autonomy for about 2 ½ years, World War II started. The British Government of India joined it on the side of allies. The executive in India was given dictatorial powers under the Defence of India Rules to prosecute the War enemies. The Congress party resigned from the provincial ministries at the end of 1939 as a protest. Mahatma Gandhi again assumed the reins of the congress which began its final bid for attainment of Independence. It demanded a declaration by the British Government that India would get independence after the War and that a provisional government representing political India should be formed after the War. The Muslim League adopted a resolution in March 1940 demanding the formation of Pakistan.

The August Offer: The British government made an offer, known as the August Offer, in August 1940. It promised Dominion Status to India after the War: the Constitution was to be framed by Indians subject to the due fulfillment of obligation which Great Britain’s long connections with India had imposed upon her. During the War period, the Executive Council of the Governor-General was to be expanded to include the popular representatives of the people of India. The Congress rejected the offer. Gandhiji started individual Satyagraha. He did not want to interfere with prosecution of war and at the same time expressed indignation of the Indian people. Acharya Vinoba Bhave was the first person to offer Satyagraha in this movement.

The war situation, in the meanwhile, deteriorated. Japan entered the war and started knocking at the doors of India. The world public opinion pressurized the British Government to take some steps to reconciliate the Indian People. The British Government announced the appointment of the Cripps Mission with a view to enlisting co-operation of the Indian people.

The Cripps Mission: Early in 1942 Sir Stafford Cripps, a member of the War Cabinet of Mr. Churchill was sent to India to make definite offer to India on behalf of the British Government. Mr. Cripps came to India on 23^rd of March 1942. His proposals consisted of two parts: one dealing with long term problem of Indian freedom and the other with the immediate establishment of an Interim Government at the Centre. The long term proposals were vague. Negotiations failed on the immediate issues. The Indian National Congress demanded complete Indianisation of the Governor General’s Executive Council. But the British rulers were not prepared to surrender the portfolio of Defence to an Indian. Mahatma Gandhi dubbed the proposals as a post-dated cheque.

The Quit India Resolution of 1942: The failure of Cripps Mission led to acute discontent in India. It exposed the intentions of the British rulers. On August 8, 1942 the All India Congress Committee passed the famous Quit India Resolution. It also stressed the need for immediate ending of British rule in the country and sanctioned “the starting of mass struggle on non-violent lines on the widest possible scale.” The Government reacted by immediately arresting all the members of the Congress Working Committee along with Mahatma Gandhi. These arrests created a sensation in the country. A great revolutionary upsurge was witnessed throughout the length and breadth of the country. The Government set in motion its entire repressive machinery to suppress the rebellion. Thousands were shot dead. Wholesale arrests were made. Jails were packed to capacity. There was a lull over the political scene for about three years.

The Wavell Plan and the Simla Conference of 1945: Another abortive effort to solve the political deadlock in India was made in 1945. Lord Wavell invited the leaders of all section of political opinion. A conference was held at Simla. Discussions went on for about one month. The Wavell Plan in its essence was the complete Indianisation of the Executive Council. The Caste Hindus and the Muslims were to be represented on it on the basis of parity. Mahatma Gandhi resented the use of words ‘caste Hindus’. The Muslim League clamored for having the representation of the Muslim members in the Council. The Congress, being a national organization, insisted on the nomination of its representatives from all the communities. The Conference met with failure because neither the Congress nor the League was prepared to deviate from the stand taken by them.

The Cabinet Mission: The war with Japan came to an end on 14^th August, 1945. General elections were held in the United Kingdom. As a result of these elections, the Labour party came into power. The Labour Party wanted to transfer power to the Indians as a matter of political expediency. A mission consisting of three Cabinet Ministers was, therefore, sent over to India to resolve the political deadlock. The Mission reached New Delhi on March 24, 1946. The Cabinet Ministers along with Lord Wavell started exploratory talks with the Indian leaders. The two major political parties, i.e., the Indian National Congress and the Muslim League failed to arrive at an agreement on fundamental constitutional issues. The delegation put forward its own plan to solve the problem. The plan was embodied in a joint statement issued by the Governor General that was what came to be known as the Cabinet Mission of 16^th May, 1946. The Plan may be summarized as follows:   

1.         It proposed a federal polity comprising British India and the native States. The Union Government was to deal with only three subjects, viz., Foreign Affairs, Defence and Communications.

2.         The Union Government was to have a Legislature constituted from British Indian Provinces. All communal issues were to be decided by a majority of the community affected.

3.         All subjects other than the Union subjects and their residuary powers were to be vested in the Provinces.

4.         Provinces were to be divided into three groups. Group ‘A’ was to consist of the six Hindu majority provinces. Group ‘B’ and ‘C’ were to consist of the Muslim Majority Provinces. The Punjab, Sindh and the N.W.F.P. were to constitute Group ‘B’.

Apart from the above proposals, a plan for an Interim Government was also envisaged in the statement. The Governor General’s Executive was to be reconstituted by including the representatives of the major political parties.

At first plan was agreed to both by the Congress and the League. But later on the Muslim League decided to boycott it. The League asserted that the formation of provincial groups was compulsory and not optional.

The Framing of India’s Constitution:

The Constituent Assembly: Elections to the ‘Central and Provincial Legislatures were held in 1946. The Congress captured an overwhelming majority of seats from the general constituencies whereas the Leagues captured a thumping majority of seats from the Muslim constituencies. Elections to the Constituent Assembly were also held. An Interim Government was formed on September 2, 1946. The League at first refused to join it but later on it did so. It, however, continued to boycott the Constituent Assembly.

Nevertheless, the Constituent Assembly minus the Muslim League members held its sitting on December 9, 1946. There was again a great political stalemate.

Statement of February 10, 1947: A ticklish situation was created due to the Muslim League’s participation in the Interim Government and non-participation in the Constituent Assembly. An attempt to establish the practice of collective responsibility in the Interim Government failed on account of the hostile attitude of the Muslim League. Ultimately the Muslim League withdrew from the Interim Government and demanded dissolution of the Constituent of all sections of Indian people. It was on February 20, 1947 that British Prime Minister, Lord Attlee, announced that the British Government was determined to transfer power to responsible Indian hands and fixed June 1948 as the final date for the purpose. If within that period Indian leadership would fail to produce an agreed solution, the Britishers would not stay in after that date and would hand over power to one or more than one government. For the purpose of taking necessary steps for transfer of power, the appointment of Lord Wavell was terminated and in his place Lord Mountbatten was appointed as the succeeding and last viceroy of India.

Communal Riots: In the meanwhile in July 1946, the Muslim League resorted to Direct Action for achievement of a separate state for Indian Muslims, i.e., Pakistan. This resulted in communal riots on an unprecedented scale. Hooliganism and communal hatred spread like wild fire. Thousands, of innocent people belonging to both communities were stabbed and put to death. The entire country was caught in the grip of communal frenzy of the worst order. There was untold loss of life and property.

The Mountbatten Plan of June 1947: Lord Mountbatten started explanatory talks with leaders of the Congress and the League. Both the parties were agreed to part company. Creation of Pakistan was assented to. It was on the 25^th June, 1947, that Lord Mountbatten made an announcement of the agreed plan. India was to be partitioned into Hindu and Muslim majority areas. Punjab and Bengal were to be partitioned. People of the N.W.F.P. and the Sylhet district of Assam were given the right to decide through plebiscite whether they wished to join Pakistan or India. Boundary Commissions were to be set up for partitioning the provinces concerned.

The old Constituent Assembly minus the Muslim League members was to carry on its work of framing the Constitution of India and Pakistan was to have a separate Constituent Assembly. The 15^th August, 1947, instead of June1948, was fixed as the final date for transfer of power.

The Indian Independence Act: A Bill containing the main proposals of the Mountbatten Plan of June 3, 1947 was introduced in the British Parliament on 3^rd July 1947. It was hurriedly passed by the British Parliament in a few days time. The Act sought to set up two Dominions, the Indian Union and Pakistan. The new dominions of India and Pakistan came into being on August 15, 1947 ending en era of centuries old slavery to British imperialism.

The setting up of India’s Constituent Assembly:

The demand for the establishment of a Constituent Assembly was first embodied in a resolution of the Indian National Congress passed at its Faizpur Session on December 8, 1936. The same demand was further raised by the Provincial Legislatures where the Congress had a majority. But this was all one sided. The British rulers were not yet prepared to entertain in the demand. It was during World War II and under the stress of international conditions that Sir Stafford Cripps was sent over to India to win over the support of the Indian political leaders. The proposals of Sir Stafford Cripps contained provisions for setting up a body for preparing the Constitution of India after the termination of the War. The proposals of Sir Stafford Cripps were not accepted by the Indian political parties. Later, in 1946, the Cabinet Mission came over to India and put up a proposal for the setting up of a Constituent Assembly. The proposals were accepted by the major political parties in India, members of the Constituent Assembly were elected on communal basis indirectly by members of the Provincial legislatures through the method of proportional representation and single transferable vote. The seats were allotted to the various provinces and communities. The Constituent Assembly was thus created. It had 389 members in all, including 93 representatives of the Indian States.

Ist Meeting: The first meeting of the Constituent Assembly was held on 9^th December, 1946 under the Chairmanship of Dr. Satchidanand Sinha, the eldest member of the Assembly. On December 11, Dr. Rajendra Prasad was elected its permanent Chairman. The Muslim League boycotted it. The work of the Constituent Assembly was seriously handicapped. It held several sittings but the work of Constitution making made little headway. The situation in the country deteriorated seriously. Communal riots broke out throughout the length and breadth of the country and the while situation culminated in the sad partition of the country in accordance with the Mountbatten Plan of June 3, 1947.

The Constitution Assembly minus the Muslim League members restarted the work. The Constituent Assembly of India then consisted of about 300, EXACTLY 299 members including the representatives of the States acceding to India.

The Constituent Assembly was established in 1946; according to the Cabinet Mission Plan and then was not a sovereign body. Its authority was limited both in respect of the basic principles and procedure. According to the Indian Independence Act of 1947, the Constituent Assembly became a sovereign body and all other limitations imposed upon it under the Cabinet Mission Plan were lifted.

The method which the Constituent Assembly adopted was to lay down first its objectives. This was done in the form of an Objectives Resolution moved by Pandit Jawahar Lal on December 13, 1946. The resolution was, however, adopted by the Assembly on January 22, 1947. The Objectives Resolution proposed the establishment of a Sovereign Republic in India, granting of fundamental Rights, safeguards for minorities and backward classes etc. On August 29, 1947, the Assembly set up a Drafting Committee to prepare a draft constitution. The Drafting Committee consisted of eminent constitutionalists like Dr. B.R. Ambedkar (Chairman), Sir Alladi Krishnaswami Ayyar, Shri N. Gopalswami, Ayyangar, Syed Mohammed Saadullah, Shri T.T. Krishnamachari, Shri K.M. Munshi etc.

Dr. Rajendra Prasad was elected President of the Assembly.

The Constituent Assembly took 2 years, 11 months and 11 days to complete its work. It concluded its work on the 26^th November, 1949 when the Constitution was signed at an impressive ceremony. Some provisions of the Constitution like citizenship, elections, etc. were brought into operation at once but the rest of the Constitution came into force on the 26^th January, 1950 on the Independence Day Anniversary. The original Constitution is a voluminous document containing 395 articles and 8 schedules. A number of other Articles and Schedules have been added by some constitutional amendments made thereto after its promulgation.

Composition of the Constituent Assembly: As has been pointed out, the constituent Assembly of India was elected according to the Cabinet Mission Plan of May 16, 1946. The Legislative Assemblies elected during January-April, 1946 served as electing bodies. The elections were held on the basis of communal representation. The total number of seats for which elections were held was fixed at 296 out of which 210 were general seats, 78 Muslims seats, 4 seats for Sikhs, 3 seats were allocated for Chief Commissioners ‘Provinces of Delhi, Coorg and Ajmer Merwara and one seat was meant for Baluchistan. Various political parties took an active interest in the elections. The break-up of seats secured by various political parties stood as follows:

Congress Party	202
Muslim League	73
Independents	7
Unionist Muslims	3
Indian Christians	2
Krishak Praja Muslim	1
Scheduled Castes Federation	1
Hindu Mahasabha	1
Communists	1
Total	292

Initially the Sikhs refused to contest elections for the Constituent Assembly on the ground that the Cabinet Mission included the predominantly Sikh areas in the ‘Group B’ consisting of Muslim majority areas. It was much later that the Sikhs joined both the constituent Assembly as also the Indian Government.

While the future of British India had been decided, the position of native states ruled over by the Maharajas, Rajas and Nawabs was still unsettled. The number of these states in India alone was 502. These states excluding Jammu and Kashmir covered a vast territory of about 5, 00,000 square miles and had a population of about 86.5 million. The Cabinet Mission had assured the Indian princes on May 12, 1946, that after the transfer of power to the Indian Government, the rulers of native states could declare themselves independent and decide their own future. Taking full advantage of this assurance, the rulers of some of the states adopted a bargaining attitude. They presented all kinds of excuses, and laid down all sorts of terms and conditions. Finally, it was agreed upon to include 93 members in the Constituent Assembly as the representatives of the native states.    

Membership of the Constituent Assembly had to be changed according to the Mountbatten Plan of June 3, 1947. According to this Plan, India was to be partitioned into Bharat and Pakistan. The total strength of the Constituent Assembly of India had to be reduced from 389 to 324. The total of 296 seats of British India, were reduced to 235 and representation of states was reduced from 93 to 89.

            Membership of British Indian Provinces was apportioned as below:

	Province	General	Sikhs	Muslims	Total
1.	Madras	45	-	4	49
2.	Bombay	19	-	2	21
3.	West Bengal	16	-	5	21
4.	United Provinces	47	-	8	55
5.	East Punjab	8	4	-	12
6.	Central Provinces	16	-	1	17
7.	Assam	9	-	-	9
8.	Orissa	9	-	-	9

Chief Commissioners Provinces
Delhi	1
Ajmer Merwara	1
Coorg	1

Representatives of Native States
Hyderabad	16
Mysore	7
Kashmir	4
Cooch-Bihar	1
Tripura, Manipur and Khasi Hills States	1
States of United Provinces	2
States of Orissa	5
States of Central India and Berar	3
States of Madras	1
States of Bombay	8
Himachal and Bilaspur	1
Kathiawad States	5
Rajputana States	12
States of Vindhya Pradesh	4
Gwalior and Malwa States	7
Patiala and East Punjab States	3
Travancore and Cochin	7
Kachh	1
Bhopal and Junagarh	1
Total	89

Representative Character of the Constituent Assembly: Although the Constituent Assembly enjoyed the confidence of a vast majority of people of India, yet some uncharitable critics dubbed as it as the most unrepresentative Con’sembly ever created in any democratic countries of the world. British leaders like Churchill and Lord Simon named it as a Hindu Body representing the interest of the Hindus alone. Dr. Rajendra Prasad condemned this charge as baseless and irrational. He pointed out that except the representatives of the Muslim League, the Constituent Assembly of India represented all the communities and interests. As such, it was a thoroughly body reflecting the will and aspiration of an overwhelming majority of Indian people.

The second charge generally leveled against the Constituent Assembly was that it had not been directly elected by the people on the basis of universal adult franchise. As such, it did not reflect the aspirations of the masses. Socialist and communist leaders of India attacked the unrepresentative character of the Constituent Assembly on this account. Leaders of the Congress Party while refuting this criticism pointed out that the election of a new Constituent Assembly on the basis of universal adult franchise would have been an uphill task under the special circumstances created by the partition of the country. Otherwise too, preparation of electoral rolls and holding of national elections in a big country like India was an impossible task. Any delay in framing a suitable Constitution of India would have created unformidable problem for new India. It was further pointed out that even if there had been direct elections, the result would have been the same. The same persons who happened to the members of the Constituent Assembly would have been elected by an overwhelming majority. The general composition of the Con’sembly would not have changed much.

Still another criticism of the composition of the Constituent Assembly was that it was dominated by the striking majority of the Congress Party. As such it did not represent all the communities, interests and classes. The supporters of the Con’sembly while rebutting this criticism pointed out that the Congress was the only national forum and platform which represented all shades of public opinion. It was an organization which represented not only Hindus, Muslims, Sikhs, Christians, Harijans, etc. but also the industrialists, workers, middle class, businessmen and other economic interests. Moreover, the Congress Party gave party ticket for election to the Constituent Assembly to eminent personalities like Gopalaswami Iyenger, Alladi Krishnaswami, Dr. Radhakrishanan, H.C. Mukherji, H.N. Kunzru and many others. Besides, the Drafting Committee of the Constitution consisted of non Congress members barring K.M. Munshi. The Chairman of the Drafting Committee was Dr. B.R. Ambedkar who was a strong consideration of the Congress Party. The other Committees constituted for consideration of the various aspects of the Constitution were also dominated by non-Congressmen.

The representative character of the Constituent Assembly is further proved by the fact that it included almost all the prominent leaders of major political parties of India. Dr. Ambedkar represented the depressed classes. Hansa Mehta represented the All India Women Conference. The landlords of India were represented by Maharaja of Darbhanga. The Hindu Mahasabha was represented by Dr. Shyama Prasad Mukerji. Frank Anthony represented the Anglo-Indians. Indian Christians were represented by H.C. Mukherji. So was the case with the Sikhs and the Muslims.

Apart from this, although the Congress Party had an impressive majority in the Constituent Assembly yet it did not assert itself beyond and reasonable limits. Members of the Assembly were given full opportunity to express themselves. The debates were free and frank. Almost all the decisions were taken by a unanimous vote. Rarely, there was a note of dissent.

All said and done, the fact remains that the Constituent Assembly was guided and directed by the top leaders of the Congress. Stalwarts like Pandit Jawaharlal Nehru. Dr. Ranejdra Prasad, Sardar Vallabhabhai Patel, Maulana Azad, K.M. Munshi and others dominated the national life. Moreover, the Congress Party itself was under the influence of the industrialists and the capitalists. The basic framework of the Constitution was so designed as to allow full opportunity for the growth of Industrial Capitalism in India.

Workers and peasants did not have any representation whatever. Their interests were, therefore, liable to be ignored. For the first 20 years of the working of the Constitution, nothing tangible could be done to ameliorate the condition of the masses. It was on account of the rigid framework of the Constitution, that there was perpetual confrontation between the Executive and the Legislative wings of the Government on the one hand and the judicial wing on the other. It was only after 1969, that national politics took a crucial turn. There was a split in the Congress. The New Congress under the leadership of Smt. Indira Gandhi launched a vigorous programme for effecting fundamental changes in the basic framework of the common people. A series of amendments were made with a view to making the Constitution an instrument of socio-economic transformation.