Unit -1
Constitution is the supreme law of each State. It lays down rules
regarding the organisation, powers and functions of government. It also defines the basic
features of the State and the relation between the citizens and the State.Constitutional
law enjoys the position of being the supreme and fundamental law of the state. It lays
down the organisation and functions of the government of state. The Government can
use only those powers which the Constitution grants to it.
Aristotle:
According to him, definition of constitution is the way by which all citizens or constituent
parts of the state are organized in relation to each other
Gilchrist
” Constitution of a state is that body of rules or laws, written or
unwritten which determine the organisation of government, the distribution of powers to
the various organs of government and the general principles on which these powers are
to be exercised.”
Types of Constitution:
Written Constitution: A written constitution is one that is explicitly codified in a single
document or a set of documents. It outlines the fundamental laws, principles, and
organization of the government. Examples include the United States Constitution and the
German Basic Law.
Unwritten Constitution: An unwritten constitution refers to a system where the
fundamental laws and principles are not codified in a single document but are based on
historical documents, conventions, statutes, and judicial decisions. The United Kingdom
is an example of a country with an unwritten constitution.
Flexible Constitution: A flexible constitution is one that can be easily amended or
changed through regular legislative procedures. Amendments can be made by a simple
majority of the legislature. For example, the Constitution of India is considered to be
flexible.
Rigid Constitution: A rigid constitution is one that requires a special and often more
complex procedure for amendments. These amendments might require a supermajority in
the legislature or a referendum. The United States Constitution is an example of a rigid
constitution.
Unitary Constitution: In a unitary constitution, the powers of government are
concentrated at the national level, and subnational entities, if they exist, derive their
authority from the central government. France is an example of a country with a unitary
constitution.
Federal Constitution: A federal constitution divides powers and responsibilities between
a central government and subnational entities (states, provinces, etc.). Each level of
government has its own sphere of authority. The Constitution of the United States is a
well-known federal constitution.
Confederal Constitution: A confederal constitution establishes a union of sovereign
states where the central authority's powers are limited to those specifically granted by
,the member states. The European Union, in its earlier stages, had characteristics of a
confederal constitution.
Parliamentary Constitution: A parliamentary constitution is characterized by a fusion of
powers between the executive and legislative branches. The executive (Prime Minister
and Cabinet) is drawn from and accountable to the legislature. The United Kingdom and
India have parliamentary constitutions.
Presidential Constitution: In a presidential constitution, there is a clear separation of
powers between the executive and legislative branches. The President is the head of state
and government and is elected independently of the legislature. The United States and
Brazil are examples of countries with presidential constitutions.
Monarchical Constitution: A monarchical constitution recognizes a monarch as the head
of state, and the constitution outlines the monarch's powers and role within the
government. Examples include the constitutional monarchies of the United Kingdom,
Japan, and Spain.
Constitutionalism
Constitutionalism in the Indian Constitution refers to the principles,
values, and practices that uphold the supremacy of the constitution, the rule of law, and
the protection of fundamental rights. The Indian Constitution, adopted on January 26,
1950, is a comprehensive and elaborate document that reflects the ideals of
constitutionalism. Here are some key aspects of constitutionalism in the Indian
Constitution:
Supremacy of the Constitution: The Indian Constitution is the supreme law of the land,
and all laws, actions, and policies must conform to its provisions. No law, including laws
passed by the Parliament or state legislatures, can violate the constitution.
Separation of Powers: The Indian Constitution provides for a clear separation of powers
among the executive, legislative, and judicial branches of government. Each branch has
distinct functions and is accountable to the others, ensuring a system of checks and
balances.
Rule of Law: The Indian Constitution establishes the rule of law as a fundamental
principle. It ensures that all individuals, including government officials, are subject to
and equal before the law. No one is above the law.
Protection of Fundamental Rights: The Indian Constitution guarantees a range of
fundamental rights to its citizens, such as the right to equality, freedom of speech and
expression, right to life, and more. These rights are enforceable through the courts and
serve as a safeguard against arbitrary actions of the government.
Independent Judiciary: The constitution establishes an independent judiciary as a
cornerstone of the rule of law. The judiciary has the power to review and strike down
laws or actions that are inconsistent with the constitution, ensuring constitutional
validity.
Judicial Review: The Indian Constitution grants the judiciary the power of judicial
review, enabling it to review and invalidate laws and executive actions that are
unconstitutional. This power acts as a check on the legislative and executive branches.
Amendment Procedure: While the Indian Constitution allows for amendments, it
maintains a balance between flexibility and rigidity. Some amendments require a special
,majority in the Parliament, while others may also require ratification by a certain number
of state legislatures.
Secularism: The Indian Constitution enshrines the principle of secularism, ensuring that
the state remains neutral in matters of religion and treats all religions equally. It
prohibits the state from favoring any particular religion.
Equality and Social Justice: The constitution commits to achieving social, economic, and
political justice for all citizens. It includes provisions for affirmative action and
reservations to uplift disadvantaged and marginalized groups.
Federalism: The Indian Constitution establishes a federal structure of government where
powers and responsibilities are divided between the central government and the states. It
outlines the distribution of powers in various lists and promotes cooperation between
different levels of government.
Salient Feature of Indian Constitution
Lengthy Preamble: The Preamble outlines the ideals and objectives of the Constitution,
including justice, liberty, equality, and fraternity. It serves as a guiding light for
interpreting the Constitution's provisions.
Federal Structure with Unitary Bias: India has a federal structure with a division of
powers between the central and state governments. However, in times of emergency, the
Constitution grants more authority to the central government, creating a unitary bias.
Fundamental Rights and Directive Principles: The Constitution guarantees Fundamental
Rights to protect individual liberties, and Directive Principles of State Policy provide
guidelines for the government to work towards social and economic justice.
Parliamentary System: India follows a parliamentary system of government where the
executive branch is accountable to the legislature. The Prime Minister is the head of
government, and the President is the ceremonial head of state.
President as Head of State: The President is the ceremonial head of state, representing
the unity and integrity of the nation. Real executive power lies with the Prime Minister
and the Council of Ministers.
Independent Judiciary: The Constitution establishes an independent judiciary to
safeguard the rights of citizens, interpret laws, and provide justice. The Supreme Court is
the highest court of appeal.
Secular State: India is a secular state, ensuring equal treatment of all religions and
granting citizens the freedom to practice and propagate their faiths without
discrimination.
Single Citizenship: Unlike some other countries, India follows the concept of single
citizenship, where citizens are not divided between state and central citizenship.
Universal Adult Suffrage: Every citizen above the age of 18 has the right to vote,
ensuring a democratic system where the people elect their representatives.
Special Provisions for Scheduled Castes, Scheduled Tribes, and Backward Classes: The
Constitution includes provisions for the upliftment and protection of marginalized
communities, such as reserved seats in legislatures and educational institutions.
, Preamble
The preamble of Indian constitution states:
“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 26th day of November 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.
A preamble of a bill is an introductory part of the document which explains the
purpose, rules, regulations, and philosophy of the document. A preamble gives a brief
introduction of documents by highlighting the principles and fundamental values of the
document. It shows the source of the authority of the document.
The preamble of the Constitution of India is an introduction of the Constitution which
includes the sets of rules and regulations to guide the people of the country. The inspiration
and the motto of the citizens are explained in it. The preamble can be considered as the
beginning of the Constitution which highlights the base of the Constitution.
Components of Preamble of the Indian Constitution
The components of the preamble are:
1. The preamble shows that the people of India are the source of authority. It means
power lies with the citizens to elect their representatives and they also have the
right to criticize their representatives.
2. It comprises the date of its adoption which is November 26th, 1949.
3. It states the objectives of the Constitution of India, which are justice, liberty,
equality, and fraternity to maintain the integrity and unity of the nation as well as
the citizens.
4. It also justifies the nature of the Indian State, which is Sovereign, Socialist,
Republic, Secular, and Democratic.
bjectives of the Indian Constitution
The main objective of the Indian Constitution is to promote harmony throughout the nation.
As we know, the Constitution is the supreme law and it helps to maintain integrity in the
society and to promote unity among the citizens to build a great nation. The factors which
help in achieving this objective are:
Constitution is the supreme law of each State. It lays down rules
regarding the organisation, powers and functions of government. It also defines the basic
features of the State and the relation between the citizens and the State.Constitutional
law enjoys the position of being the supreme and fundamental law of the state. It lays
down the organisation and functions of the government of state. The Government can
use only those powers which the Constitution grants to it.
Aristotle:
According to him, definition of constitution is the way by which all citizens or constituent
parts of the state are organized in relation to each other
Gilchrist
” Constitution of a state is that body of rules or laws, written or
unwritten which determine the organisation of government, the distribution of powers to
the various organs of government and the general principles on which these powers are
to be exercised.”
Types of Constitution:
Written Constitution: A written constitution is one that is explicitly codified in a single
document or a set of documents. It outlines the fundamental laws, principles, and
organization of the government. Examples include the United States Constitution and the
German Basic Law.
Unwritten Constitution: An unwritten constitution refers to a system where the
fundamental laws and principles are not codified in a single document but are based on
historical documents, conventions, statutes, and judicial decisions. The United Kingdom
is an example of a country with an unwritten constitution.
Flexible Constitution: A flexible constitution is one that can be easily amended or
changed through regular legislative procedures. Amendments can be made by a simple
majority of the legislature. For example, the Constitution of India is considered to be
flexible.
Rigid Constitution: A rigid constitution is one that requires a special and often more
complex procedure for amendments. These amendments might require a supermajority in
the legislature or a referendum. The United States Constitution is an example of a rigid
constitution.
Unitary Constitution: In a unitary constitution, the powers of government are
concentrated at the national level, and subnational entities, if they exist, derive their
authority from the central government. France is an example of a country with a unitary
constitution.
Federal Constitution: A federal constitution divides powers and responsibilities between
a central government and subnational entities (states, provinces, etc.). Each level of
government has its own sphere of authority. The Constitution of the United States is a
well-known federal constitution.
Confederal Constitution: A confederal constitution establishes a union of sovereign
states where the central authority's powers are limited to those specifically granted by
,the member states. The European Union, in its earlier stages, had characteristics of a
confederal constitution.
Parliamentary Constitution: A parliamentary constitution is characterized by a fusion of
powers between the executive and legislative branches. The executive (Prime Minister
and Cabinet) is drawn from and accountable to the legislature. The United Kingdom and
India have parliamentary constitutions.
Presidential Constitution: In a presidential constitution, there is a clear separation of
powers between the executive and legislative branches. The President is the head of state
and government and is elected independently of the legislature. The United States and
Brazil are examples of countries with presidential constitutions.
Monarchical Constitution: A monarchical constitution recognizes a monarch as the head
of state, and the constitution outlines the monarch's powers and role within the
government. Examples include the constitutional monarchies of the United Kingdom,
Japan, and Spain.
Constitutionalism
Constitutionalism in the Indian Constitution refers to the principles,
values, and practices that uphold the supremacy of the constitution, the rule of law, and
the protection of fundamental rights. The Indian Constitution, adopted on January 26,
1950, is a comprehensive and elaborate document that reflects the ideals of
constitutionalism. Here are some key aspects of constitutionalism in the Indian
Constitution:
Supremacy of the Constitution: The Indian Constitution is the supreme law of the land,
and all laws, actions, and policies must conform to its provisions. No law, including laws
passed by the Parliament or state legislatures, can violate the constitution.
Separation of Powers: The Indian Constitution provides for a clear separation of powers
among the executive, legislative, and judicial branches of government. Each branch has
distinct functions and is accountable to the others, ensuring a system of checks and
balances.
Rule of Law: The Indian Constitution establishes the rule of law as a fundamental
principle. It ensures that all individuals, including government officials, are subject to
and equal before the law. No one is above the law.
Protection of Fundamental Rights: The Indian Constitution guarantees a range of
fundamental rights to its citizens, such as the right to equality, freedom of speech and
expression, right to life, and more. These rights are enforceable through the courts and
serve as a safeguard against arbitrary actions of the government.
Independent Judiciary: The constitution establishes an independent judiciary as a
cornerstone of the rule of law. The judiciary has the power to review and strike down
laws or actions that are inconsistent with the constitution, ensuring constitutional
validity.
Judicial Review: The Indian Constitution grants the judiciary the power of judicial
review, enabling it to review and invalidate laws and executive actions that are
unconstitutional. This power acts as a check on the legislative and executive branches.
Amendment Procedure: While the Indian Constitution allows for amendments, it
maintains a balance between flexibility and rigidity. Some amendments require a special
,majority in the Parliament, while others may also require ratification by a certain number
of state legislatures.
Secularism: The Indian Constitution enshrines the principle of secularism, ensuring that
the state remains neutral in matters of religion and treats all religions equally. It
prohibits the state from favoring any particular religion.
Equality and Social Justice: The constitution commits to achieving social, economic, and
political justice for all citizens. It includes provisions for affirmative action and
reservations to uplift disadvantaged and marginalized groups.
Federalism: The Indian Constitution establishes a federal structure of government where
powers and responsibilities are divided between the central government and the states. It
outlines the distribution of powers in various lists and promotes cooperation between
different levels of government.
Salient Feature of Indian Constitution
Lengthy Preamble: The Preamble outlines the ideals and objectives of the Constitution,
including justice, liberty, equality, and fraternity. It serves as a guiding light for
interpreting the Constitution's provisions.
Federal Structure with Unitary Bias: India has a federal structure with a division of
powers between the central and state governments. However, in times of emergency, the
Constitution grants more authority to the central government, creating a unitary bias.
Fundamental Rights and Directive Principles: The Constitution guarantees Fundamental
Rights to protect individual liberties, and Directive Principles of State Policy provide
guidelines for the government to work towards social and economic justice.
Parliamentary System: India follows a parliamentary system of government where the
executive branch is accountable to the legislature. The Prime Minister is the head of
government, and the President is the ceremonial head of state.
President as Head of State: The President is the ceremonial head of state, representing
the unity and integrity of the nation. Real executive power lies with the Prime Minister
and the Council of Ministers.
Independent Judiciary: The Constitution establishes an independent judiciary to
safeguard the rights of citizens, interpret laws, and provide justice. The Supreme Court is
the highest court of appeal.
Secular State: India is a secular state, ensuring equal treatment of all religions and
granting citizens the freedom to practice and propagate their faiths without
discrimination.
Single Citizenship: Unlike some other countries, India follows the concept of single
citizenship, where citizens are not divided between state and central citizenship.
Universal Adult Suffrage: Every citizen above the age of 18 has the right to vote,
ensuring a democratic system where the people elect their representatives.
Special Provisions for Scheduled Castes, Scheduled Tribes, and Backward Classes: The
Constitution includes provisions for the upliftment and protection of marginalized
communities, such as reserved seats in legislatures and educational institutions.
, Preamble
The preamble of Indian constitution states:
“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 26th day of November 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.
A preamble of a bill is an introductory part of the document which explains the
purpose, rules, regulations, and philosophy of the document. A preamble gives a brief
introduction of documents by highlighting the principles and fundamental values of the
document. It shows the source of the authority of the document.
The preamble of the Constitution of India is an introduction of the Constitution which
includes the sets of rules and regulations to guide the people of the country. The inspiration
and the motto of the citizens are explained in it. The preamble can be considered as the
beginning of the Constitution which highlights the base of the Constitution.
Components of Preamble of the Indian Constitution
The components of the preamble are:
1. The preamble shows that the people of India are the source of authority. It means
power lies with the citizens to elect their representatives and they also have the
right to criticize their representatives.
2. It comprises the date of its adoption which is November 26th, 1949.
3. It states the objectives of the Constitution of India, which are justice, liberty,
equality, and fraternity to maintain the integrity and unity of the nation as well as
the citizens.
4. It also justifies the nature of the Indian State, which is Sovereign, Socialist,
Republic, Secular, and Democratic.
bjectives of the Indian Constitution
The main objective of the Indian Constitution is to promote harmony throughout the nation.
As we know, the Constitution is the supreme law and it helps to maintain integrity in the
society and to promote unity among the citizens to build a great nation. The factors which
help in achieving this objective are:
