2. Introduction
Basic structure of the political system
Establishes the main organs of the state
The Legislature, the Executive and the Judiciary
In a federal polity, the constitution delineates,
delimits and distributes powers between the
organs of state at Union level and those at the
level of the states.
A living organism of functioning institutions
3. Constitution of India
Adopted by the Constituent Assembly on 26
November 1949.
Came into full operation from 26 January 1950.
Originally, adopted with 22 parts, 395 articles and 8
schedules.
Amended time to time.
4. Constitution of India
There have been as many as 94 amendments
from 8 schedules have gone up to 12.
No. of Articles have increased from 395 to 448
A number of new articles and new Parts have been
added.
Several articles or even full Parts have been
repealed by constitutional amendments
5. Sources of the Constitution
ForeignIndigenous
Diverse & Many
6. Indigenous Sources
Evolved through various representative responsible
governmental institutions.
Small doses of Constitutional reforms
Sources can be tracked back to the beginning of the
East India Co. and the British Rule
Reference to Village Panchayats under the Directive
Principles was inspired by Mahatma Gandhi
7. Indigenous Sources
Evolved through various representative responsible
governmental institutions.
Small doses of Constitutional reforms
Sources can be tracked back to the beginning of the
East India Co. and the British Rule
Reference to Village Panchayats under the Directive
Principles was inspired by Mahatma Gandhi
8. Indigenous Sources
Demands for some of the Fundamental Rights was
made as early as in 1918 at the Bombay session of
the Indian National Congress
The commonwealth of India Bill in 1925 embodied
a specific "declaration of rights" including
Equality before law
Freedom of speech
Assembly and religions, etc.
9. Indigenous Sources
The Karachi Congress Resolution of 1931 contained
special reference for fundamental rights and
fundamental duties as well.
Several social and economic rights mentioned in 1931
resolution found expression in Directive Principles
A parliamentary system, safeguards for minorities
and a federal polity have had sources in the 1928
Nehru Committee Report.
10. Indigenous Sources
The Madras session of the Congress in 1927
reiterated the demand for fundamental rights.
10 of the 19 fundamental rights in the Nehru
Committee Report appeared Substantially
unchanged in the constitution.
11. Indigenous Sources
75% of the Constitution is the reproduction of the
Government of India Act,1935
Basic structure of the polity
Provisions regulating Union-State relations
Declaration of Emergency
12. Foreign Sources
Directive Principles from Irish Constitution
Parliamentary system with ministrial responsibility
from the British
Provisions making the President, the Executive
head of the State and Supreme
Commander of the armed forces were from the U.S.
Model
13. Foreign Sources
Vice-President, the ex-officio Chairman of the
Council of States from
The U.S. Bill of Rights inspired our Fundamental
Rights
The Canadian Constitution influenced our Federal
Structure and provisions relating to Union-State
relations.
14. Foreign Sources
The Concurrent List in VII Schedule modelled on
the Australian Constitution.
The German Reich influenced Emergency
Provisions
Writs and Privileges have influence of the British
Constitution
15. Constitutional History of India
Constitutional Government in Ancient India
Concepts of democracy, representative institutions,
limitations on the arbitrary powers of the rulers, and the
rule of law were not alien to India
Constitutional Landmarks in Modern India
16. Constitutional Landmarks in Modern India
The Charter Act 1669
For the first time, the company acquired the authority to
rule over a territory and its people
Regulating Act of 1773
British Parliament’s control over the company started
with this charter
17. Constitutional Landmarks in Modern India
Pitts India Act 1784
For political matters a board of control of 6 members was
appointed
Charter Act of 1813
The Act deprived the company of the monopoly of trade
in India
Charter Act of 1833
The Act differentiated the law making meetings of
Governor General-in- Council from its executive
meetings.
18. Constitutional Landmarks in Modern India
The Indian Council Act of 1909
This Act contained many of the reform proposals of
Minto-Morley
Principle of communal representation was introduced for
the first time
The Government of India Act, 1919
Based on the Montagu-Chelmsford Report
Indian Legislative Council was replaced by a bicameral
legislature
Dyarchy was introduced in eight major provinces
19. Constitutional Landmarks in Modern India
The Act of 1858
The Act finally became "The Act for the Good
Government of India" of 1858
Indian Council Act of 1861
For the first time Indians were associated with the work
of legislation
The Indian Council Act of 1892
The entry of the elected members marked the beginning
of the new era in the life of the council.
20. Constitutional Landmarks in Modern India
Wavell Plan and Simla Conference
The interim council was to be Indianized with the
inclusion of Indian political leaders
The viceroy (Lord Wavell) convened a conference of
Indian leaders at Simla
Cabinet Mission
Rejected the League demand for a separate sovereign
state of Pakistan
Also rejected the congress scheme of a loose federation
21. Constitutional Landmarks in Modern India
The Simon Commission 1927
Made a promise to set up a commission to inquire into
the working of the Act 1919
The Government of India Act 1935
Envisaged a federation of all-India
Separated Burma from India and two new provinces of
Orissa and Sind were created
The Cripps Mission
Proposed Dominion Status and the right of Indians to
frame a constitution
Gandhiji condemned the proposal as a post-dated cheque
22. Constitutional Landmarks in Modern India
Mountbatten Plan
Prepared a plan for the partition
Indian Independence Act, 1947
Indicated the territorial divisions of India into India and
Pakistan
Pakistan was to comprise East Bengal, West Punjab,
Sindh and the Sylhet district of Assam
23. Making of the Constitution
Formation of the Constituent Assembly
The first definite reference to a Constituent
Assembly for India was made by Mahatma Gandhi
in 1922.
Nehru Report was the first attempt by the Indians
to frame a constitution for their country
Demand of a Constituent Assembly was for the first
time conceded by the British Government in the
August Offer of 1940
24. Framing of the Constitution
The Constituent Assembly duly opened (First
Sitting) on the appointment day Monday, the 9th
December 1946.
The historic Objectives Resolution was moved in
the Constituent Assembly by Nehru, on 13
December 1946.
25. Framing of the Constitution
The Constituent Assembly on 29 August 1947
appointed the Drafting Committee with Dr. B. R.
Ambedkar as the Chairman
The Constitution was finally signed by members of
the Constituent Assembly on 24 January 1950
It took 2years 11months and 17days to frame the
constitution
Criticism of the Draft Constitution: Not Being
Original
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