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TNPSC GR II & II A SUPER BATCH

DAY 01: CONSTITUTION

OF INDIA - I

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 Unit 2
THE CONSTITUTION
OF INDIA

Learning Objectives
• To know about the Cons titution of India

• To recognise the formation of our Cons titution

• To know the salient features of our Cons titution

• To know the fundamental rights and duties of the citizen of India

Pathway
The Lesson speaks about the formation of the constitution of India. It gives guidelines
to govern the country, while ensuring the fundamental rights and duties of the citizens
and how it protects them.

Yazhinian and Sudaroli are brothers. elder brother’s advice. Inspite of Yazh’s
Yazh is student of standard six and Sudar is continuous request Sudar did not reduce the
in standard four. Yazh was preparing for his volume.
class test. Sudar after completing his home Yazh complained to his father that Sudar
assignments was watching an animated did not decrease the volume of the television
series on television. Sudar was watching it in spite of requesting him several times. Yazh
but the noise level disturbed Yazh. Sudar was made it clear that he had a class test the
totally engrossed in the series and laughed following day.
and clapped loudly. Yazh could not concentrate
“Isn’t your brother preparing for his class
on his lessons.
test? Weren’t you wrong in troubling him?”
So he asked Sudar to reduce the volume. continued his father.
But Sudar was not ready to adhere to his

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 not watch the movie while Yazh studies.” .
“No my child. You can watch the movie
without causing trouble to anyone,” .
“Don’t be angry Yazh. You study and I
promise I will not disturb you.”
Yazh smiled and patted Sudar’s back
and left the place.
Sudar’s mother was watching everything
silently. She said,” Even to run a small family
don’t we need to follow so many rules and
“I was watching the TV. Yazh kept
regulations? How much more of that will we
disturbing and stopped me from watching it.”
need to administer a country?” she exclaimed.
said Sudar.
“It is an ocean Deepa. In order to
“Studying for the test and watching
administer people who follow different
television are not the same” said his father.
religions, speak different languages and
But Sudar was not ready to accept the belong to different castes and culture and
fact. Sudar was consistent that he had all treat everyone equally, we need to have a
rights to watch a film as much as Yazh had
good code of laws and guidelines which we
the right to study.
call as ‘The Constitution of India.’
His father admitted that both had The next day Sudar and Yazh went to
equal rights. But one must not hinder
school. It was the Republic Day also.
another’s freedom. Sudar didn’t realise the
The celebration was a jubilant. The
fact that he was very stubborn.
students and teachers were standing in line
“Look Sudar. You have all rights to watch
around the flag post. Immediately after the
the film” said his father.
hoisting of the flag, a discussion was held
“Yes dad”. with the chief guest for the day, Mr.
“Similarly, Yazh also has the right to listen Arumugam, an expert in social sciences.
to his favourite song on TV Coundn’t he?” “Wish you a happy Republic Day!” wished
“How can that happen? When I watch Mr. Arumugam.
the television he cannot do that.” “Wish you the same Sir.”
“When you can watch a film by “Do you know why do we celebrate the
increasing its volume, Yazh can also hear Republic Day?”
music loudly.” said father. “Our Constitution was framed and came
“How will I watch the movie?”. into existence from 26th January 1950. That
“How will Yazh study?” . is why every year we observe this day as the
Republic Day.” said the history teacher
“Oh! I didn’t think of it. Okay dad, I will
Malarmathi.

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 “Yes, Sir”
“Why is it necessary?”
“We should not disturb anybody in
public” said Tamilselvi.
“It’s true. Also no one should disturb
us”said Selva
“Yes, I do accept it. But what if someone
compels you to follow some rules? How
would you feel?”
“Yes, it is true. There are other reasons
why this constitution came into existence on “It would be difficult to do so.”
26th January 1950. When the Congress met “How do you feel when you are asked to
at Lahore in 1929, the members of the make your own rules?”
Congress unofficially declared the same day
“We would be proud and pleased to obey
as the Day of Poorna Swaraj or the Day of
our own rules.”
complete self governance. The next year,
26th January 1930 was celebrated as the (Everyone agreed and nodded their
heads)
Independence Day. That day has been
observed as our Republic Day.”
“What do you mean by the “Constitution
of India” asked Nathar.
“Before that, let me ask a few questions.
You answer me. Then I will explain in detail
about the constitution of India.”.
“All right sir.”
(The students were prepared to answer
“The Constitution is an authentic
the questions)
document containing the basic ideas,
“Are you following any rules and principles and laws of a country. It also
regulation at home?” defines the rights and duties of citizens. The
“Yes sir” laws governing a country originate from the
consitutition. Every country is ruled on the
“Are you following any rules at school?”
basis of its constitution”
“Yes sir”
“What are the things that make the
“Are both of them the same or different?” constitution of India?” asked Deepika.
“Mostly, they are different” “The constitution of India is the ultimate
“Is it necessary to follow certain rules in law. We have to abide by it. It explains the
public places?” fundamental concepts of structure, methods,

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 powers and the duties of Government bodies. “How many women members were there
It also lists the fundamental rights and duties in the Constituent Assembly?
of the citizens. Directive Principles are also “15 women members were in the
mentioned in the constitution. So it is holistic Constituent Assembly”
in nature.”
“When did they begin to frame the 'The Father of the
constitution?” asked Christopher. Constitution of India’ is
Dr.B.R. Ambedkar.

“The Drafting committee was formed

with eight members and its Chairman was
B.R. Ambedkar; B.N.Rao was appointed as
an advisor. The committee met for the first
time on 9th December 1946. On the same
day, the drafting of constitution of India
started.”.
“In 1946, nearly 389 members of the
“How did they form the Indian
constituent Assembly who belonged to
constitution?”
different parties from different places came
together to frame the Constitution of India. “The constitutions of nearly 60 countries
The Chairman of the committee was Mr. including the UK, USA,former USSR, France ,
Rajendra Prasad.” Switzerland etc., were thoroughly examined
and their best features have been adopted by
“Who were the other significant members
our constitution.”
in the Constituent Assembly?”
“Did they draft it in a short span of time?”
“Jawaharlal Nehru, Sardar Vallabai Patel,
Moulana Azad, S. Radhakrishnan, Viajalakshmi “No, nearly 2000 amendments were
Pandit and Sarojini Naidu were the members made before the draft was finalised”
in the Constituent Assembly” “When did they complete this work?”
“It took a period of 2 years, 11 months,
and 17 days. It was completed on 26th
November 1949".
“The constitution was accepted by the
Constituent Assembly. So, 26th November is
celebrated as the Day of the Constitution.
isn’t it ?” said Karthikeyan
“Yes” said Mr. Arumugam

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 the right to rule. The members of the
parliament and the legislative assembly are
elected by the people. The right to decide is
only in the hands of the representatives.
Sovereignty refers to the ultimate power of
the country.”
“What is the meaning of “Secular?”
“Law allows all the citizens of a country,
the right to follow different faith and religious
“How much was spent to frame the beliefs. All citizens enjoy the freedom of
constitution of India?” asked Nathar. worship. The country does not have a religion
“They spent almost 64 lakhs”. of its own. All the religions in our country hold
the same status.”
“What are the objectives of the
“The Government of India rules through
Constitution?”
the Parliament, doesn’t it?”
“The Preamble of our constitution
“Yes, the Constitution of India provides
stresses on the justice, liberty, equality and
a Parliamentary form of Government, both at
fraternity.”
the centre and the state. In a Parliamentary
“What is a Preamble?” System, the Executive is collectively
responsible to the Legislature. The party
which has the majority forms the government.”
“What are fundamental rights?”
“Fundamental rights are the basic human
rights of all citizens.”
“What are they?”
Fundamental rights

Right to Equality

Right to freedom

Right against exploitation

“The preface of the constitution is the
Preamble. According to it, India is a
Right to freedom of Religion
Sovereign, socialist, Secular democratic
republic.” Cultural and Educational
Rights
“What does it mean by ‘Sovereign’?”
06
Right to Constitutional
“The constitution has granted the people Remedies

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 “They are Right to Equality. Right to FACTS
freedom, Right against exploitation, Right to • Dr. B.R. Ambedkar, N. Gopalasamy,
freedom of Religion, Cultural and Educational K.M.Munshi, Syed Ahmed sadullah,
Rights and Right to Constitutional Remedies.” P.L. Mitter, N.Madhava Rao, T.T.K,
“You mentioned about Directive T.P. Khaitan were the legal experts of the
Principles. What do you mean by that?” Drafting Committee.
“There are certain guidelines to be • The Chairman of the Drafting Committee
followed while the governments frame law. Dr. B.R. Ambedkar was considered the
Though these are not mandatory, they should Chief architect.
be taken into account.” • When the Cons titution was drafted,
“What is Universal Adult Franchise?” there were 395 articles in 22 parts and
“Every Indian citizen has the right to 8 schedules. At present our Indian Cons
vote when they attain 18 years of age, titution contains 448 articles in 25 parts
irrespective of any caste, religion, gender or and 12 schedules.
economic status.” • 101 amendments were made till
“Like fundamental rights, every citizen 16.09.2016.
will have duties too, won't they?”
“Yes, There are duties respecting the HOTS
National flag and National Anthem, respect Prepare a lis t of your immediate duties?
and protect the Constitution, follow our great
leaders who fought for our freedom, to
protect our country, readiness to serve our
country if necessary, treating everyone as
brothers irrespective of their castes, religions, 1.Democracy - a type of government in
languages, races etc., to conserve our ancient which representatives
heritage, and conserve natural elements like are elected by the
forests, rivers and lakes and fauna, to develop
people of that country.
science, humanity and feelings of reformation
to avoid non-violence and protect government 2. Drafting - a Committee set up to
property, parents or guardians providing Committee prepare the draft of the
educational opportunities to children between Constitution
6-14 years etc., have been added as our
duties” Mr.Arumugam concluded his 3.Preamble - an introduction to
discussion. a book or a written
document.

The original copies of the 4. Republic - a country with an

Cons titution of India (Hindi, elected head of state
English) are preserved in 5.Secular - a state which does not
special Helium filled cases in the Library
discriminate anyone on
of the Parliament of India.
religious grounds

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 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 The 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. The 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
(1). The Assembly held its first meeting on
various organs of the government and between
December 9, 1946. Dr. Sachchidananda
the Union and the States. The concept of
Sinha, the oldest member, was elected as the
constitution was first originated in U.S.A. temporary President of the Assembly. While
the work was in progress, Dr. Sahchidananda
1.1 The Need for Sinha died. Dr. Rajendra Prasad was elected as
a Constitution the President of the Assembly. Similarly, both
H.C. Mukherjee and V.T. Krishnamachari were
All Democratic countries have a constitution
elected as the Vice-Presidents of the Assembly.
that governs them. A constitution puts down
The Assembly met for 11 sessions along with
certain principles that form the basis of any
166 days of meetings. During the discussion,
kind of a state that we as citizens, desire to 2473 amendments were presented. Some of
live in. A constitution tells us the fundamental them were accepted. The Assembly worked
nature of our society. A country is usually through various committees and the draft of
made up of different communities of people the Constitution was prepared by the Drafting
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
The term ‘preamble’ refers to the
Dr. B.R. Ambedkar
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
came into force on 26th 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
Constitution states that India is a Sovereign
1.3  Salient features of Socialist Secular Democratic Republic.
Indian Constitution 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,
expression, belief, faith and worship to all. It
„„It has borrowed most of its provisions
gives Equality of status and of opportunity to
from the constitutions of various
all. It wants to promote Fraternity among all
countries.
Indians.
„„It is partly rigid and partly flexible.
„„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.

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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
citizen.
1.5.1 Citizenship Act of 1955 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
Constitution derived inspiration from
According to the Citizenship Act, 1955, the
the Constitution of USA. Originally,
citizenship could be acquired through any of
the Constitution provided for seven
the following methods.
Fundamental Rights. At present, there are
1. By Birth: All persons born in India on only six Fundamental Rights. Part III of the
or after January 26, 1950 are treated as Constitution is rightly described as the Magna
citizens by birth. Carta of India. While Fundamental Rights are
2. By Descent: A person born outside India 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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 I. RIGHT TO EQUALITY II. RIGHT TO FREEDOM

Art. 14 - Equality before law. Art. 19 - Freedom of speech and expression,

Art. 15 - Prohibition of discrimination on assembly, association, movement,
grounds of religion, race, caste, sex or residence and profession.
place of birth. Art. 20 - Protection in respect of conviction for
Art. 16 - Equality of opportunity in matters of offences.
public employment. Art. 21 - Protection of life and personal liberty.
Art. 17 - Abolition of Untouchability. Art. 21A - Right to elementary education.
Art. 18 - Abolition of titles except military and Art. 22 - Protection against arrest and detention
academic. in certain cases.

III. RIGHT AGAINST EXPLOITATION IV. RIGHT TO RELIGION

Art. 25 - Freedom of conscience and free

profession, practice and propagation of
religion.
Art. 23 - Prohibition of traffic in human beings Art. 26 - Freedom to manage religious affairs.
and forced labour. Art. 27 - Freedom from payment of taxes for
Art. 24 - Prohibition of employment of children promotion of any religion.
in factories, etc. Art. 28 - Freedom from attending religious
instruction or worship in certain
educational institutions.
V. CULTURAL & EDUCATIONAL RIGHTS
VI. RIGHT TO CONSTITUTIONAL REMEDIES

Art. 29 - Protection of language, script and

culture of minorities. Art. 32 - It allows individuals to seek redressal
Art. 30 - Right of minorities to establish and for the violation of their fundamental
administer educational institutions. rights.

Right to Property (Art. 31) Violation

was deleted from the list of which
of Fundamental Rights by Fu nd ame nt a l
the 44 th Amendment Act, right is associated
1978. It is made a legal right with the theme
under Article 300-A in Part XII of the depicted in the
Constitution. stamps?

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 the orders of the court. Both the Supreme
The 86 th Amendment Act
Court and the High Courts are empowered
of 2002 changed the subject
to issue five kinds of writs of habeas corpus,
-matter of Article 45 and
mandamus, prohibition, quo warranto and
made elementary education
certiorari. That is why the Supreme Court
a fundamental right under
is called the “Guardian of the Constitution”.
Article 21 A. The amended directive
According to Dr. Ambedkar, Article 32 is “the
requires the State to provide early childhood
heart and soul of the Constitution”.
care and education for all children until
(a) Habeas Corpus: Safeguards people from they complete the age of six years.
illegal arrests.
(b) Mandamus: It protects the petitioner who But they are fundamental for the governance
requires legal help to get his work done by of the country. The Government is duty bound
respective public authorities. to apply these principles while making laws.
(c) Prohibition: It prohibits a subordinate They aim at promoting the Social Welfare
of the people. Dr. B.R. Ambedkar described
court from acting beyond its jurisdiction.
these principles as ‘novel features’ of the
(d) Certiorari: It quashes an order issued by a
Indian Constitution.
subordinate court by overstepping its ju-
risdiction. Differences between
(e) Quo Warranto: It prevents usurpation of Fundamental Rights and Directive
public office through illegal manner. Principles of State Policy

Suspension of Fundamental Fundamental Directive Principles

Rights of State Policy
Rights
It was derived from It was drawn on
When the President makes a Proclamation
the Constitution of the model of the
of Emergency under Article 352, the
the USA. Constitution of
freedoms guaranteed under Article 19 are
Ireland.
automatically suspended. The President can
suspend other fundamental rights through Even the These are mere
specific orders. These orders must be Government cannot instructions to the
approved by the Parliament. But he cannot take away or abridge Government.
suspend the freedoms given under Arts. 20 these rights.
and 21 (protection in respect of conviction for These are These are not
offences and protection of life and personal enforceable by a enforceable in any
liberty respectively) in any circumstances. court of law. court.

1.7  Directive Principles of These have legal These have moral

sanctions. and political
State Policy
sanctions.
The Directive Principles of State Policy are
enumerated in Part IV of the Constitution These rights The implementation
from Articles 36 to 51. The Constitution does strengthen political of these principles
not contain any classification of Directive democracy in the ensures social
Principles. However, on the basis of their country. and economic
content and direction, they can be classified democracy.
into three broad categories, viz, socialistic, These are natural These lead to
Gandhian and liberal-intellectual. These rights. protect human
principles are not enforceable by the courts. rights.

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 1.8 Fundamental Duties (i) To safeguard public property and to abjure
violence
The Fundamental Duties in the Indian
Constitution are inspired by the Constitution (j) To strive towards excellence in all spheres
of former USSR. In 1976, the Congress party of individual and collective activity, so that
set up the Sardar Swaran Singh Committee the nation constantly rises to higher levels of
to make recommendations on fundamental endeavour and achievement
duties. The 42nd Amendment Act of 1976 (k) To provide opportunities for education to
added some responsibilities of citizens to our his child or ward between the age of six and
Constitution called the Fundamental Duties. fourteen years. (The 86th Constitutional
This amendment added a new part, namely, Amendment Act, 2002 has also introduced
Part IVA to the Constitution. This new part the 11th Fundamental Duty under 51A(k)
consists of only one Article that is Article 51A under which all citizens of India or parents
which for the first time specified a code of ten shall provide opportunities for education to
fundamental duties of the citizens. their children between age of 6 and 14 years)

1.8.1 List of Fundamental Duties 1.9 Centre-State Relations

Article 51A declares it to be the duty of The Constitution of India, being federal
every citizen of India. in structure, divides all powers between
(a) To abide by the the Centre and the States. The Centre-state
constitution and relations can be studied under three heads:
respect its ideals
1.9.1 Legislative relations
and institutions,
the National Flag The Union Parliament has the power
and the National to legislate for the whole or any part of the
Anthem. territory of India, which includes not only the
States but also the Union Territories or any
(b) To cherish and
other area for the time being, included in the
follow the noble
territory of India. The Seventh Schedule of
ideals which in-
the Constitution embodies three lists namely,
spired the national struggle for freedom
the Union List, State List and Concurrent List
(c) To uphold and protect the sovereignty, unity consisting of 97, 66 and 47 items respectively.
and integrity of India The Parliament enjoys the exclusive power to
(d) To defend the country and render national legislate on subjects enumerated in the Union
service when called upon to do so List. The State Legislature has exclusive right to
(e) To promote harmony and the spirit of com-
mon brotherhood among all the people of The Union List, State List and
India transcending religious, linguistic and Concurrent List consisting
regional or sectional diversities; to renounce at present 100, 61 and 52
practices derogatory to the dignity of women items respectively. The 42nd
Amendment Act of 1976
(f) To value and preserve the rich heritage of
transferred five subjects to Concurrent List
our composite culture
from State List, that is, education, forests,
(g) To protect and improve the natural envi- weights and measures, protection of wild
ronment including forests, lakes, rivers and animals and birds, and administration of
wildlife, and to have compassion for living justice; constitution and organisation of all
creatures courts excepts the Supreme Court and the
(h) To develop scientific temper, humanism and high courts.
the spirit of inquiry and reform
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 Language of the judiciary and texts of laws
In 1969, the Tamil Nadu and Special directives.
Government appointed a
three-member committee The First language committee was
under the chairmanship of Dr. appointed in 1955. It submitted its report in
P V Rajamannar to examine the 1956. As a follow up of the report, parliament
entire question of Centre-state relations. enacted the Official Language Act, 1963. The
act laid down that even after 15 year, English
legislate on the State List. Both Parliament and may continued to be used along with Hindi for
State Legislatures have power to legislate on all official purposes of the Union and also for
subjects contained in the Concurrent transaction of business in parliament. Again
List. But in case of conflict between the law through the Official Languages (Amendment)
of the State and the Union on a subject in the Act, 1967, it was provided that the use of
Concurrent List, the law of Parliament prevails. English would continue indefinitely. The
Constitution also permitted certain regional
1.9.2 Administrative relations languages to be used for intra-state official
The Administrative power of a State extends transactions. Initially, the Constitution
only to its own territory and with respect to recognised 14 regional languages which were
which it has legislative competence, whereas included in the Eighth Schedule. At present,
the Union has exclusive executive power over: 22 languages are recognised.
(a) the matters with respect to which Parliament
has exclusive power to make laws and (b) the Activity
exercise of its powers conferred by any treaty or List out the recognised languages in the
agreement. Eighth Schedule of the Constitution?

1.9.3 Financial relations

In 2004, the Government of
Article 268-293 in Part XII deal with the
India decided to create new
Financial relations between centre and the
category of languages called
states. The Centre and States are empowered
as “classical languages”. So far,
by the Constitution to impose various kinds
the six languages are granted
of taxes. And certain taxes are imposed and
the classical language status namely Tamil
collected by the centre and divided between
(2004), Sanskrit (2005), Telugu (2008),
centre and states based on the recommendation
Kannada (2008), Malayalam (2013) and
of the Finance Commission appointed by the
Odia (2014).
President under Article 280 of the Constitution.
Late Prime Minister Indira Gandhi appointed
the Sarkaria Commission in 1983 to make an 1.11 Emergency Provisions
enquiry into the Centre-State relations. The The Central Government has been vested
Central government has implemented 180 with extraordinary powers to deal with
(out of 247) recommendations of the conditions of emergency. Three types of
Commission. The most important is the emergencies are envisaged in the Constitution:
establishment of the Inter-State Council in 1990.
1.11.1 National Emergency
1.10 Official Language (Article 352)
Part XVII of the Constitution deals with The President under Article 352 can declare
the official language in Articles 343 to 351. Its emergency if he is satisfied that India’s security
provisions are divided into four heads namely, is threatened due to war, external aggression or
Language of the Union, Regional languages, armed rebellion, or if there is an imminent danger
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 or threat. When a national emergency is declared made in the Constitution of a country. Article
on the ground of war or external aggression it 368 of the Constitution in Part XX, deals
is known as external emergency. On the other with the powers of Parliament to amend the
hand, when it is declared on the ground of armed Constitution and its procedure.
rebellion it is known as internal emergency. This 1.12.1 Procedure of Amendment
type of emergency has been declared three times
An amendment of this Constitution may be
so far: in 1962, 1971 and 1975.
1.11.2 State emergency initiated only by the introduction of a Bill for
the purpose in either House of Parliament,
(Article 356)
and when the Bill is passed in each House
Under Article 356, the President can declare by a majority of the total membership of
an emergency in a state if the Governor reports that House and by a majority of not less than
that a situation has arisen under which the two-thirds of the members of that House
government of a State cannot be carried on present and voting, it shall be presented to
in accordance with the provisions of the the President who shall give his assent to the
Constitution. The continuance of such an Bill and thereupon the Constitution shall
emergency beyond one year is possible only if stand amended in accordance with the terms
emergency under Art. 352 are in operation or of the Bill. The constitution amendment can
the Election Commission certifies that there be brought about only by the Parliament.
are difficulties in holding Assembly elections. State legislatures cannot initiate for any
Maximum duration of the emergency can be amendment to the Constitution.
three years. In this kind of emergency, the States
lose much of their autonomy in legislative and 1.12.2 Types of Amendments
executive matters. After such an announcement Article 368 provides for three ways of
state legislature is suspended and the State amendments, that is, by a special majority of
is governed by the Governor on behalf of the Parliament and also through the ratification
President. For the first time, the President’s Rule of half of the states by a simple majority. But,
was imposed in Punjab in 1951. some other articles provide for the amendment
of certain provisions of the Constitution by
1.11.3 Financial emergency a simple majority of Parliament, that is, a
(Article 360) majority of the members of each House present
Article 360 authorises the President to and voting (similar to the ordinary legislative
declare financial emergency if he is satisfied process). Notably, these amendments are not
that the financial stability or credit of India deemed to be amendments of the Constitution
or of any of its parts is in danger. In this type for the purposes of Article 368. Therefore, the
of emergency, salaries and allowances of Constitution can be amended in three ways:
any class of persons serving State or Union, 1. Amendment by simple majority of the
including judges of the Supreme Court and Parliament
High Court can be reduced by an order of 2. Amendment by special majority of the
the President. This type of emergency has not Parliament
been declared in India so far. 3. Amendment by special majority of the
Parliament and the ratification of half of
1.12  Amendment of the the state legislatures.
Constitution
The term amendment denotes change, 42 nd amendment of the
improvement and modification. Usually this Constitution is known as the
term is associated with one or more changes mini Constitution.

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 1.13  Constitutional Reform a three member commission headed by the
Commissions former Chief Justice of India M.M.Punchchi
was set up by the then Government to take a
The National Commission to Review the fresh look at relative roles and responsibilities
Working of the Constitution was set up by a of various levels of Government and their
resolution of the Government of India in 2000 inter-relations.
headed by M.N.Venkatachaliah. In April 2007,

Recap
„„ The Constitution of India was framed by a Constituent Assembly set up under the Cabinet
Mission Plan, 1946.
„„ The Preamble of our Constitution states that India is a Sovereign Socialist Secular
Democratic Republic.
„„ The word ‘Citizen’ is derived from the Latin term ‘Civis’. It means resident of a City State.
„„ According to Dr. Ambedkar, Article 32 is “the heart and soul of the whole Constitution”.
„„ The Fundamental Duties in the Indian Constitution are inspired by the Constitution of
former USSR.
„„ In 2004, the Government of India decided to create new category of languages called as
“classical languages”.
„„ Article 368 of the Constitution in Part XX, deals with the powers of Parliament to amend the
Constitution and its procedure.

GLOSSARY

Preamble the introduction to the constitution of India முகப்புரை

Secular state A state which protects all religions equally சமயச் சார்பற்ற அரசு
Discrimination unfair treatment of a person or group பாகுபாடு
Writ written command of court நீதிப்பேராணை
Sovereignty supreme power or authority இறையாண்மை
Heritage something handed down from one’s ancestors பாரம்பரியம்
Autonomy independence in one’s thoughts or actions தன்னாட்சி
Imminent coming up உடனடி
Proclamation an announcement பிரகடனம்

EVALUATION
(a) R
epublic, democratic, secular,
socialist, sovereign
I  C hoos e the
(b) 
S overeign, socialist, secular,
C orre ct
republic, democratic
A ns w e r.
(c) 
S overeign, republic, secular,
1 . Which of the socialist, democratic
following sequences
(d) 
S overeign, socialist, secular,
in right regarding the
democratic, republic
Preamble?

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