Constitution of India notes for Judiciary Exams (Download Free Notes)

Author : Yogricha

September 11, 2024

Overview: The Constitution of India is the Supreme Law of the Land. It incorporates various features borrowed from constitutions around the world, it stands out as a unique piece of work. Over the years, the original constitution has undergone significant changes through various amendments.

The Constitution of India is an important subject for all state Judiciary examinations and for all the aspirants who are aiming to crack Judiciary Examination of any state in India then it is a must to have a good command on constitution.

To help you in your Judiciary Preparation we have curated this blog to make you understand the overview of constitution and other notes to help you prepare all important topics of constitution better.

In this blog we will cover:

Overview of Indian Constitution
Simplified Notes on all important topics of Indian Constitution
Know how to prepare Indian Constitution for Judiciary exams
Preparation strategy for Prelims, Mains and Interview
Imporant amendments of Indian Constitution
Case Laws on Indian Constitution

Breakdown of Constitution of India for Judiciary Preparation:

Here is a complete breakdown of all important topics and articles that you can refer to for preparation of Constitution:

Parts of the Indian Constitution	Subject Mentioned in the Part	Articles in Indian Constitution	Notes
Part I	Union & Its Territory	Article 1-4	Download free Notes
Part II	Citizenship	Article 5-11	Download Free Notes
Part III	Fundamental Rights	Article 12-35
Part IV	Directive Principles	Article 36-51
Part IV A	Fundamental Duties	Article 51A
Part V & VI	The Union & The States	Article 52-237
Part VIII	The Union Territories	Article 239-242
Part IX	The Panchayats	Article 243-243O
Part X	Scheduled and Tribal Areas	Article 244-244A
Part XI	Relation between Union & States	Article 245-263
Part XIV A	Tribunals	Article 323A-323B
Part XV	Elections	Article 324-329A
Part XVIII	Emergency Provisions	Article 352-360
Part XX	Amendment of the Constitution	Article 368

Constitutional History and Making of the Constitution

The evolution of representative institutions in India began many decades ago January 26, 1950, and has continued since. Its origins are deeply embedded in the struggle for independence from Britain and in the movements for responsible and constitutional government in the princely states.

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Early Legislative Developments

Charter Act of 1853: Established a 12-member Legislative Council, creating a separate ‘Legislature’.
Indian Councils Act, 1861: Known as the “prime Charter of the Indian Legislature”, it introduced legislative devolution in India.
Indian Councils Acts of 1892 and 1909: The 1909 Act, part of the Morley-Minto Reforms, introduced elements of election and representation in the Legislative Council but did not provide decisive power to native elements in legislation and administration.

Government of India Acts

Government of India Act, 1919: Implemented the Montague-Chelmsford Reforms, establishing a Bicameral Legislature at the Union and introducing elements of responsible government in the Provinces. However, it was deemed inadequate by national leaders.
Government of India Act, 1935: A significant development, this Act aimed to provide a written Constitution for India. It introduced autonomy in Provinces but maintained a central government structure similar to that under the 1919 Act. The federal part of the Act never came into operation, highlighting its limitations.

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Struggle for a Representative Constitution

National Demand of 1919: The Central Legislative Assembly's resolution urged the British Parliament to establish a fully responsible government in India, supporting the demand for a Constitution framed by Indians.
Mahatma Gandhi's Assertion in 1922: Gandhi emphasized that India’s destiny should be determined by Indians, advocating for self-expression and self-determination.

Towards Independence and the Constituent Assembly

Quit India Movement of 1942: Gave new momentum to the freedom struggle, leading to efforts to transfer power and create a constitutional framework for free India.
British Cabinet Mission of 1946: Arrived to assist in setting up machinery for Indians to devise their own Constitution. The Mission proposed a scheme for the Constituent Assembly, emphasizing the principles and procedures for framing the future Constitution.

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Formation and Role of the Constituent Assembly

Constituent Assembly Elections of 1946: Members were elected under the Cabinet Mission Plan.
Indian Independence Act of 1947: Granted the Constituent Assembly unlimited power to frame and adopt any Constitution, terminating the British Parliament’s authority to legislate for India from August 15, 1947.

Drafting the Constitution

Drafting Committee: Elected on August 29, 1947, under the Chairmanship of Dr. B.R. Ambedkar, it prepared the draft Constitution.
Completion: The Constituent Assembly completed the drafting in less than three years. On November 26, 1949, the Constitution was adopted and enacted, with 284 members signing the final document.

Implementation

Original Constitution: Contained a Preamble, 395 Articles, and 8 Schedules. Provisions related to citizenship, elections, provisional Parliament, and temporary and transitional provisions were given immediate effect.
Republic Day: The Constitution came into force on January 26, 1950. The Constituent Assembly transformed into the Provisional Parliament of India until a new Parliament was constituted in 1952.

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Constitution of India – Preamble

The first constitution to begin with a preamble was the American Constitution, and the Indian Constitution follows this tradition. The Preamble serves as an introduction or preface to the Constitution, summarizing its essence. N. A. Palkhivala, a renowned constitutional expert, referred to the Preamble as the ‘Identity card of the Constitution’.

The Preamble is based on Pandit Nehru’s Objective Resolution, which was moved and adopted by the Constituent Assembly. It was amended in 1976 by the 42nd Amendment, adding the words ‘socialist’, ‘secular’, and ‘integrity’.

Ingredients of the Preamble

The Preamble outlines four key components:

Source of Authority: It states that the Constitution derives its power from the people of India.
Nature of the Indian State: It declares India to be a sovereign, socialist, secular, democratic, and republican state.
Objectives of the Constitution: It lists the objectives as justice, liberty, equality, and fraternity.
Date of Adoption: The Constitution was adopted on November 26, 1949.

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Why is the Constitution of India called the "Bag of Borrowing"?

The Indian Constitution incorporates many features borrowed from other constitutions around the world. The founding fathers of India wisely selected and adapted beneficial elements from various nations to create a constitution that best suits the unique needs of India. Here are some of the influences:

From the British Constitution: Parliamentary system of government, rule of law, and single citizenship.
From the US Constitution: Fundamental rights, independence of the judiciary, and judicial review.
From the Irish Constitution: Directive Principles of State Policy.
From the Canadian Constitution: Federation with a strong center.
From the Australian Constitution: Concurrent list, freedom of trade and commerce.
From the Soviet Constitution: Fundamental duties and the ideal of justice (social, economic, and political) in the Preamble.
From the French Constitution: The ideals of liberty, equality, and fraternity in the Preamble.

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These borrowed features were molded to fit India's unique social, political, and economic context, resulting in a constitution that is comprehensive and adaptable.

The Preamble to the Constitution of India embodies and reflects the fundamental values, philosophy, and objectives upon which the Constitution is based. Pandit Thakur Das Bhargava, a member of the Constituent Assembly, eloquently summarized the significance of the Preamble with these words:

"The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is the key to the Constitution... It is a jewel set in the Constitution... It is a proper yardstick with which one can measure the worth of the Constitution."

Constitution: A Cornerstone of Indian Democracy

The Constitution is our suprema lex, the supreme law of the land. It is more than just a collection of articles and clauses; it is an inspirational document that embodies the ideals of the society we are and the better society we strive to become.

The Constitution of India incorporates the ideals and values of our civilizational heritage and the beliefs and aspirations born from our Freedom Struggle. It embodies the collective wisdom of the Founding Fathers of our Republic and represents the sovereign will of the people of India.

The untiring efforts of the Drafting Committee and the distinguished members of the Constituent Assembly bequeathed us a Constitution that has stood the test of time. They magnificently crafted a unique scheme of governance designed to provide not only a democratic form of government but also an inclusive society.

The Constitution's exhaustive nature, detailing even the minutest aspects, aims to infuse certainty and stability into the system. Its prime goal is to establish a Welfare State as a prerequisite for dignified human existence and the well-being of all, with accountability as its lifeline.

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Understanding Preamble of India

The following are the ideals and objectives of our Constitution as delineated in the Preamble:

Sovereignty

The opening words of the Preamble, ‘We the People of India’, announce that ultimate sovereignty rests with the people of India. This implies that constitutional authorities and government organs derive their power solely from the people.

Socialism

The Constitution envisions a Welfare State aimed at ending all forms of exploitation. It mandates the promotion of a social order where justice—social, economic, and political—informs all national institutions. The State is tasked with ensuring that material resources are distributed for the common good and preventing the concentration of wealth. This has facilitated land reforms, promoted workers' welfare, and advocated for the social control of natural resources and means of production.

Secularism

India, home to almost all major world religions, upholds the ideal of secularism, meaning the State does not endorse any religion and protects all equally. The Constitution prohibits religious discrimination, guarantees the right to freedom of religion, and provides cultural and educational rights, including minority protection.

Democracy

Democracy in the Indian context includes political, social, and economic dimensions. The Constitution adopts parliamentary democracy to ensure a responsible, stable government accountable to the people. Citizens enjoy freedoms of speech, thought, and association, with elections held periodically based on universal adult franchise.

The system allows dissent, encourages tolerance, and ensures a constitutional government, rule of law, and inalienable rights, including free and fair elections and press freedom.

Republic

India declared itself a Republic with the Constitution, meaning the Head of State is elected and holds office for a fixed term. This signifies political sovereignty rests with the people, with no privileged class, and all public offices open to every citizen without discrimination.

Justice

The Preamble embraces social, economic, and political justice, secured through Fundamental Rights and Directive Principles. The Constitution aims to create a new social order based on socio-economic justice, abolishing untouchability, prohibiting exploitation, protecting minority rights, and advocating affirmative action for the oppressed.

Liberty

The Constitution secures liberty of thought, expression, belief, faith, and worship to all citizens. These fundamental rights are subject to reasonable restrictions as specified under Article 19, ensuring liberty does not become a license for anarchy.

Equality

Equality is fundamental, ensuring no discrimination on the grounds of religion, race, caste, sex, or place of birth. The Constitution guarantees equality of status and opportunity, abolishing untouchability and titles of honor, and ensuring equal protection under the law.

Fraternity

Fraternity fosters a spirit of common brotherhood essential in a diverse society like India. The Constitution promotes fraternity through single citizenship and emphasizes harmony among citizens, transcending religious, linguistic, regional, or sectional diversities.

Dignity of the Individual

The Constitution acknowledges the equal right of all citizens, men and women, to grow and progress. It guarantees fundamental rights and directs the State to secure adequate means of livelihood, equal pay for equal work, and humane working conditions.

Unity and Integrity

The Constitution expects citizens to uphold and protect national unity and integrity. Describing India as a ‘Union of States’, it prohibits secession, addressing hindrances to national integration like regionalism, communalism, and casteism.

Features of the Indian Constitution

Federal System with Unitary Bias

The Indian Constitution establishes a federal system of government, encompassing features such as:

Two Levels of Government: Central and State.
Division of Power: Clearly delineated between the center and states.
Supremacy and Rigidity of the Constitution: Ensuring the Constitution is the supreme law and is difficult to amend.
Written Constitution: Providing a clear and accessible document.
Bicameralism: Two houses in the Parliament - Lok Sabha and Rajya Sabha.

However, the Constitution also includes many unitary features:

Single Citizenship: Only Indian citizenship, not state-based.
Strong Center: The central government holds significant power.
Single Constitution: One constitution for both the center and states.
Flexibility: Certain provisions can be amended easily.
All-India Services: Centralized civil services.
Integrated Judiciary: Unified judicial system.
Appointment of State Governors by the Center: Enhancing central control.
Emergency Provisions: Allowing the central government to assume greater control during emergencies.

Furthermore, the term ‘federation’ is not mentioned in the Constitution. Article 1 describes India as a ‘Union of States’, implying that:

The Indian federation is not a result of an agreement by the states.
States do not have the right to secede from the federation.

Parliamentary Form of Government

The Indian Constitution adopts the parliamentary system from the British model, characterized by:

Nominal and Real Executives: The President (nominal) and the Prime Minister (real).
Rule of the Majority Party: The party with the majority in the legislature forms the government.
Collective Responsibility: The executive is collectively responsible to the legislature.
Ministers in the Legislature: Members of the executive are also part of the legislature.
Leadership of the Prime Minister or Chief Minister: The Prime Minister or Chief Minister leads the government.
Dissolution of the Lower House: The Lok Sabha can be dissolved.

Despite these similarities, there are key differences:

Sovereignty: The Indian Parliament is not sovereign; the British Parliament is.
Head of State: India has an elected President, while the British head of state is hereditary.

Parliament: Structural and Functional Dimensions

Article 79 of the Constitution establishes a bicameral Parliament consisting of:

House of the People (Lok Sabha)
Council of States (Rajya Sabha)

The President of India plays a crucial role:

Head of the Executive: Integral part of the legislature.
Summons and Prorogues Houses: Can call and end sessions of Parliament.
Assent to Bills: Must sign bills passed by Parliament for them to become law.
Dissolves Lok Sabha: Can dissolve the lower house.
Special Address: Delivers an address at the beginning of each year and after general elections.
Ordinance Power (Article 123): Can promulgate ordinances when Parliament is not in session.

These features collectively ensure a robust framework for governance, balancing federal and unitary characteristics, and fostering a democratic and inclusive society.

Conclusion: Constitution of India

India, also known as Bharat, is a Union of States. It is a Sovereign, Socialist, Secular, Democratic Republic with a parliamentary system of government. The Republic is governed by the Constitution of India, which was adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950.

The Constitution establishes a parliamentary form of government that is federal in structure with certain unitary features. The constitutional head of the Union's Executive is the President. According to Article 79 of the Constitution, the Parliament consists of the President and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

Article 74(1) stipulates that there shall be a Council of Ministers, headed by the Prime Minister, to aid and advise the President, who shall act in accordance with their advice. Therefore, the real executive power is vested in the Council of Ministers, led by the Prime Minister.

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