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STANDARD TEN
CIVICS
Unit I - INDIAN CONSTITUTION.indd 168 10-04-2019 09:56:27
Unit - 1
Indian
Constitution
Learning Objectives
To know about the making of Indian Constitution
To know the Salient features of Indian Constitution
To understand the Fundamental Rights and Duties
To know the Directive Principles of State Policy
To understand the Centre-State relations and the Emergency Provisions
Introduction 1.2 Making of Indian
The Constitution is the fundamental law Constitution
of a country which reflects the fundamental Th e Constitution of India was framed by
principles on which the government of that a Constituent Assembly setup under the
country is based. It is the vehicle of a Nation’s Cabinet Mission Plan, 1946. Th e Assembly
progress. More particularly, it is concerned consisted of 389 members representing
with institutional fabric and the framework Provinces (292), States (93), the Chief
of the distribution of powers between the Commissioner’s provinces (3) and Baluchistan
various organs of the government and between (1). Th e Assembly held its fi rst meeting on
the Union and the States. The concept of December 9, 1946. Dr. Sachchidananda
constitution was first originated in U.S.A. Sinha, the oldest member, was elected as the
temporary President of the Assembly. While
1.1 The Need for the work was in progress, Dr. Sahchidananda
a Constitution Sinha died. Dr. Rajendra Prasad was elected as
the President of the Assembly. Similarly, both
All Democratic countries have a constitution H.C. Mukherjee and V.T. Krishnamachari were
that governs them. A constitution puts down elected as the Vice-Presidents of the Assembly.
certain principles that form the basis of any Th e Assembly met for 11 sessions along with
kind of a state that we as citizens, desire to 166 days of meetings. During the discussion,
live in. A constitution tells us the fundamental 2473 amendments were presented. Some of
nature of our society. A country is usually them were accepted. Th e Assembly worked
through various committees and the draft of
made up of different communities of people the Constitution was prepared by the Draft ing
who have different beliefs; it will be helpful Committee under the chairmanship of Dr.
in fulfilling the beliefs of different segments B.R. Ambedkar. He is recognised as the ‘Father
of citizens. of the Constitution of India’.
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It introduces Universal Adult Franchise
and accords the right to vote to all
citizens above 18 years of age without any
discrimination.
It provides single citizenship.
It makes special provisions for minorities,
Scheduled Castes, Scheduled Tribes, etc.
1.4 Preamble
Dr. B.R. Ambedkar The term ‘preamble’ refers to the
introduction or preface to the Constitution.
After the draft had been It consists of the ideals, objectives and basic
discussed by the people, the principles of the Constitution. It contains
press, provincial assemblies the summary or essence of the Constitution.
and others, the Constitution It has great value and has been described as
was finally adopted on the ‘key to the Constitution’. The Preamble
November 26, 1949, to the Indian Constitution is based on the
contained a Preamble, 22 parts, 395 Articles ‘Objective Resolution’, drafted by Jawaharlal
and 8 Schedules. The drafted Constitution Nehru, which was adopted by the Constituent
th
came into force on 26 January, 1950. This Assembly on January 22, 1947. It has been
day is known as the Republic Day. It is being amended once by the 42nd Constitutional
observed every year. Amendment Act of 1976, which added three
new words - socialist, secular and integrity.
Prem Behari Narain Raizada was The Preamble begins with the phrase ‘We,
the calligrapher of the Indian the People of India’. This clearly implies
Constitution. The original that the Constitution derives its authority
constitution was handwritten by from the People of India. Thus, we can
him in a flowing italic style. say that the people of India are the source
of our Constitution. The Preamble of our
1.3 Salient features of Constitution states that India is a Sovereign
Indian Constitution Socialist Secular Democratic Republic.
Its aim is to secure to all Indian citizens
It is the lengthiest of all the written Social, economic and political justice. The
constitutions of the world. Constitution guarantees Liberty of thought,
It has borrowed most of its provisions expression, belief, faith and worship to all. It
from the constitutions of various gives Equality of status and of opportunity to
countries. all. It wants to promote Fraternity among all
It is partly rigid and partly flexible. Indians.
It establishes a federal system of Liberty, Equality and Fraternity
government. were the important slogans during
It establishes the parliamentary system not the French Revolution in 1789.
only at the Centre but also in the states. They are given importance in the
It makes India as a secular state. Preamble of our Constitution.
It provides an independent judiciary.
Indian Constitution 170
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1.5 Citizenship 1.5.3 Loss of Citizenship
The word ‘Citizen’ is derived from the The Citizenship Act of 1955 prescribes
Latin term ‘Civis’. It means resident of a City three ways of losing citizenship whether
State. The Constitution of India provides for acquired under the Act or prior to it under the
a single and uniform citizenship for the whole Constitution, viz, renunciation, termination
of India. Articles 5 to 11 under part II of the and deprivation.
Constitution deals with the citizenship. 1. It can be voluntarily renounced by a
1.5.1 Citizenship Act of 1955 citizen.
2. It can be terminated if a person acquires
The Citizenship Act of 1955 provides for the citizenship of some other country.
acquisition and loss of citizenship after the 3. The central government can deprive a
commencement of the Constitution. This naturalized citizen, if it satisfied that the
Act has been amended so far eight times. citizenship was acquired by fraud, false
Originally, the Citizenship Act (1955) also representation or concealment of material
provided for the commonwealth Citizenship. facts or indulges in trade with enemy
But, this provision was repealed by the countries or if the person has been sentenced
Citizenship (Amendment) Act, 2003. to imprisonment for a period of 2 years.
1.5.2 Acquisition of Citizenship 1.6 Fundamental Rights
The Citizenship Act of 1955 prescribes
five ways of acquiring citizenship, viz, birth, The Fundamental Rights are enshrined
descent, registration, naturalisation and in Part III of the Constitution from Articles
incorporation of territory: 12 to 35. In this regard, the framers of the
According to the Citizenship Act, 1955, the Constitution derived inspiration from
citizenship could be acquired through any of the Constitution of USA. Originally,
the following methods. the Constitution provided for seven
1. By Birth: All persons born in India on Fundamental Rights. At present, there are
or after January 26, 1950 are treated as only six Fundamental Rights. Part III of the
citizens by birth. Constitution is rightly described as the Magna
2. By Descent: A person born outside India Carta of India. While Fundamental Rights are
available to all persons, certain Fundamental
on or after January 26, 1950 shall be a Rights are available only to Indian Citizens.
citizen of India by descent, if his father is
a citizen of India at the time of his birth. ‘Magna Carta’ is the Charter of
3. By Registration: A person can acquire Rights issued by King John of
citizenship of India by registration with England in 1215 under pressure
appropriate authority. from the barons. This is the first
4. By Naturalisation: A foreigners can written document relating to
acquire Indian citizenship, on application the Fundamental Rights of citizens.
for naturalization to the Government of
India. Right to constitutional remedies
5. By Incorporation of Territory: In the (Articles 32)
event of a certain territory being added A writ is an order or command issued by
to the territory of India, the Government a court in writing under its seal. It is in the
of India shall specify the persons of that nature of a command or prohibition from
territory who shall be citizen of India. performing certain acts that are specified in
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