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·OUR
CONSTITUTION
With a Foreword
by
DR. RAJENDRA PRASAD
President
Constituent Assembly
JANUARY 6 1950
THE PUBLICATIONS DIVISION
Ministry of Information and Broadcasting
GOVERNMENT OF INDIA /

·CONTENTS
Acc 854
1o Cuod
INTRODUCTORY
5
SOME SIGNIFICANT ASPECTS
CITIZENSHIP
14
FUNDAMENTAL RIGHTS
16
DIRECTIVE PRINCIPLES
23
26
THE INDIAN UNION
THE EXECUTIVE
31
THE NEW PARLIAMENT
38
44
THE STATES
THE THREE SAFEGUARDS
49
CONCLUSION
59
lprend os
Biblog aphs
Charts

·FOREWORD
THIS IS A SHORT
brochure on the Constitution of India
It summarizes in a popular but accurate
manner the main features of the Con
stitution
For an authoritative
opinion regarding particular points the
articles of the Constitution have obvrously
to be referred to but an all round com
prehensive new of it can be obtained
from this
I have much pleasure
in introducing it to the public
Nayanta bransand
NEW DELHI
sy 26 1950

·No text on this page.

·EVOLUTION OF THE CONSTITUENT ASSEMBLY IN 1922 Mahatma Gandhi first concexved the idea of a constituent assembly elected by the people He observed Swaraj will not be a free gift of the British Parliament it will be a declaration of India s full self expression That it will be expressed through an Act of Parlament is true but it will be merely a courteous ratification of the declared wish of the people of India even as it was in the case of the Union of South Africa Nevertheless it was not unul 1935 that the idea was officially and seriously put forward by the Indian National Congress The National Congress wrote Pandit Jawaharlal Nehru in January 1938 stands for independence and a democratic state It has proposed that the constitution of a free India must be framed without outside interference by a constituent assembly elected on the basis of adult franchise That is the democratic way and there is no other way short of revolution which can bring the needed result An assembly so elected will represent the people as a whole and will be far more inter ested in the economic and social problems of the masses than in the petty communal issues which affect small groups Thus it will sol e without much difficulty the communal and other like problems ·upon tl Tull World War II the British Government r sisted India s d mand for a constituent assembly But the war and the international situntion creat d circumstances which opened th eyes eren of the Churchill Go crnment The Cripps Plan sought to set up immediately cessation of hostiliti s on I cted body in order to frame an w constitution for the country This plan houcier proved abortive On March 15 1916 Mr Attlee the Labour Prime Minister declared in the House of Commons Is it any wonder that today India claims as 1 nation of 100 million people that has twice sent her sons to die for fre dom that she should herself have freedom to decid her own destiny? What form of government is to re place the present i gimc is for India to decide but our d sire is to help her to s t up forthwith the machinery for making that decision BORN WITH LIMITATIONS The outcome was th present Constituent Assembly set up in 1946 according to the Cabinet Mission Plan It was not a sovereign body it was born with limitations both in respect of basic principles and procedur Moreos r it as subj ct to the final authority of the British Parliam nt Notwithstanding th se ndverse conditions the Congress agreed to join the Constitu nt Ass mbly The Muslim League on the other hand r fus d to do so d spite the statement of D ccmber 6 hich conced d practically cverything th League wanted It fell back upon its original stand according to which the Muslim nation would never participate in any singl constitution making machinery It de mand d tro separate constitution making bodies for the popl of Pakistan and Hindustan The d adlock persist J till the June 3 Plan brought about the partition of the country 1 A SOVEREIG CONSTITUENT ASSEMBLY The Indian Ind pend ncc Act discard d the Cabin t Mission Plan and establish dth sos reign character of the Constitu nt Assembly On August 14 2017 tr 1 s mbl d to assum pouer on behalf of the Gos inm nt of India 6 ·SHAPING OF THE CONSTITUTION In the first session of the sovereign Constituent Assembly of India its President Dr Rajendra Prasad spoke of a classless society for India It was to be a co operative commonwealth and the making of its constitution was the supreme task of the Assembly The foundation of its constitutional structure was laid by the Objectives Resolution moved by Pandit Jawaharlal Nehru It said Wh Upw d d th ty fth fg tu d dp d tid + df mhp pl 1 fld d abe Wh dat ь 1 ndd f gard hall b p ddf d d th 5 kw 1 b kward nd d D I w d f d р m The brick and mortar of the structur were provided by the reports of the Union Powers Committe the Union Constitution Committee the Provincial Constitution Committee thc Advisory Committee on Minorities and Fundamental Rights Committees on Chief Commissioners and Financial Relations between the Union and the States and the Advisory Committee on Tribal Areas But the final shape and form were given by the Drafting Committee with Dr Ambedkar as Chairman The Draft Constitution framed after cight months labour was considered clause by clause by the Constituent Assembly and was amended in the light of criticism On November 26 1949 the Constituent Assembly in the name of the people of India adopted and enacted the Constitution --The Charter of India s Freedom The Constitution as it finally emerged after two years eleven months and eighteen days comprises 395 articles and eight schedules NATIONAL FLAG The Constituent Assembly has al o given the nation its national standard and emblem On July 22 1947 the Assembly adopted the Tricolour with the Asoka Chakra as India s Flag This Flag as 7 ·Pandit Jwaharlal Nehru put it is not a flag of an Empire not a flag of Imperialism but a Flag of Freedom not onls for ourselves but a vrabol of fr edom to all people who may see it It was in keeping with India s tradition that this symbol of frecdom vas presented to the sovereign Constituent Assembly by Shrimatı Hansa Mchta on behalf of the women of India 8 ·TILMA A COMPREHENSIVE DOCUMENT The Constitution of India 15 a comprehensive document It makes detailed provisions to deal with the initial difficulties of an infant State These measures will also ensure harmonious working of the Constitution Among others the Constitution deals with the following (1) the structure of the government (2) the function and the relationship between the various organs (3) citizenship (4) fundamen tal rights (5) directive principles of State policy (6) the services (7) the federal judiciary and the High Courts (8) official language and (9) various other matters of basic importance SOURCES The framers of the Constitution have drawn wisely upon the mature experience of democratic countries They have tried ·to avoid the detects of oth r constitutions and to accept only tho e features which would suit Indian conditions In making crtuin fundamental departures from the prevalent theories and practices they have adopted provisions which besides being original avoid rigidity and legalısm in coping with emergenci s in pace and Moreo er they huve given the Constitution a national character inasmuch as the panchayats the most valuable of surviving demo cratic institutions of ancient India have found a place in the country s constitutional structure war SOVEREIGNTY OF THE PEOPLE Th Constitution seeks to vest sovereignty in the people and establish constitutional government which according to Woodrow Wilson is one whose powers have b en adapted to the interests of th people and maintenance of individual liberty Tie Objecti es Resolution unequivocally lays down that ulti mate so ereignty both in th Union and the units hall rest with tlc people and the principle has been incorporated in the preamble of the Constitution We The People of India it reads having solemnly resolved to constitute India into a Sovereign Democratic Republic do Hereby Adopt Enact and Give to Ourselves This Constitution GOVERNMENT BY THE PEOPLE The Constitution envisages a democratic go ernment and defines India 18 a sovereign democratic republic In other words India will have a system of government in which the average citizen has direct ac cess to the sources of authority The right to political power thus means not only the right to vote or choose representativ s but al o the right to hold office and be chosen for it For the first time in th history of modern India the Constitution confers that right on all adult persons that is p ople who have attained the age of twenty one and removes all discrimination based on birth wealth colour race or sex For instance by a single stroke of the pen the Constitution transforms the status of the Indian ryots who form seventy per cent of the population By parliamentary government and universal adult franchise the Government becomes accountable to the people and to their representati es 10 ·SECULAR STATE In spite of the existence of various comm nitie in India tle Constitution is opposed to communal polity and contemplates a secular State for India A single common citi en hip will be su ed to all irrespective of religion caste colour creed or The sei ices rendered by the State will thus be distributed equally an ons all its. citi ens Every citi en of India will be free to practs the religion of his or her choice The Government will scrupulously r train from discrimination on religious grounds or from patroni ing or propa ganing any particular farth The ideal is based on the theory that a secular Stat deal only vith the relations between man and man and not between man and God The State will regulate the individuals behaviour only in r lation to other human beings FEDERAL STRUCTURE The Ind an Constitution is a federal structure It has a dual polity with a written constitution defining cl rly the spheres of author ty of the Union and its constituent units called the States There is an Independent judiciary to define and interpret the Constitution and resolve disputes arising between the Centre and the States But unlike Ame ica it 1 not a federal federation with a bias towards auto nomy and integrity of the ui its Tle Indian Constitution vests residuary authority in the Centre all matters not enumerated in the Concurrent or State Lists will be deemed to be included n the Un on List It also arms the Centre with adequate powe s to direct all important cti itie according to a uniformly executed plan The unity in administration is sought through a single judiciary un ty in b sic laus con mon all India services and a common language The Centre can The Indian Federation houe er is a flexible one super ed th autho ity of the States in an emergency ITS FLEXIBILITY A good const tution thust b elastic nd change in accordance with circumstances meet e entualities without having to undergo the formal process of amendment The Indian Constitution bas all the qualities The Castitu nt As embly has retra ned from 11 ·putting a seal of finality and infallibility upon the Constitution It has eschened the difficult and complicated process of convention and referendum The complexities of the American and Australian constitutions have also been awarded Instead it has adopted a simple amending process The Indian Constitution divides the constitutional provisions into three groups In one it includes articles relating to the (1) Central and the State Judiciary (2) extent of the executive authority of the Union (3) relationship between the Union and the States (4) Union State and the Concurrent Lists (5) representatives of the States in Parliament and (6) election of the President Most of the remaining provisions are grouped in the second category In relation to the latt r the Constitution stands amended if a bill to that effect is passed in each House by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House pr sent and voting As regards the former the amendments must be ratified by the legislatures of not less than half of the States specified in Parts A and B of the First Schedule The provisions not covered by the above procedures can be amended by the legisla tures in the ordinary way Elasticity is further introduced by enabling the federal structure to be converted into a unitary one in an emergency The Central Government can then assume control of all affairs of the nation and the Central Legislature can exercise legislative powers which are other wise exclusively vested in the States Even in peace time Parliament can 1 gislate on any of these subjects provided that it is declared of national importance and adopted by a two third majority The adoption of a long list of the concurrent subjects not only makes the Constitution flexible but is also corrective of unnecessary legalism the banc of federalism THE STATE LANGUAGE The provision regarding the State language is another important feature of the new Constitution Besides being a medium of national intercourse a single State language is absolutely essential for adminis trative convenience in a vast and mulu lingual country like India The Constitution prescribes Hindi in Devanagari script with the Indian numerals in international form as the official language of the Union For a period of fift cn years however the English language will continue 12 ·to be used for all official purposes of the Union At the same time provisions have been made to introduce and extend Hindi for official use even earlier than the prescribed period The Legislatures of the States hon ever can adopt one or more of the languages in use in the State as a regional language Fourteen of these including Hindi have been enumerated in the Eighth Schedule Legislatures can also use Hindi as the official languag SPECIAL PROVISIONS FOR SCHEDULED AND TRIBAL AREAS Finally the Constitution makes special provisions for the Scheduled and Tribal Areas These are meant to ensure the welfare and social autonomy of the Scheduled Tribes For the first tn years some seats in the legislatures and posts in public services will be reserved for them Special provisions have also been made for the administration of Tribal Areas In Assam for instance District Councils and Autonomous Regional Councils will be set up for the Tribal Areas These will give the tribal people a substantial share in administration For the other States Advisory Councils will be created in order to associate the tribal people with administration Moreover the Constitution stipulates that there should be a minister in charge of the welfare of Tribes and Scheduled Castes A special officer will periodically report on the working of these safeguards Finally a special commission will report on the welfare of Scheduled Areas 1 ·The Indian, Constitution provid s for common citi enshop It cschoos double citi enship characteristic of a federal structure The peopl entitled to Indian citi cnship include (1) those domiciled in India (2) refugees who have migrated to India from Pakistan and (3) Indians overseas But these provisions are not meant to be exhaustre nor are they final It is left to Parlament to make comprehensn e laws on the subject Th first category of prsons on wliom the Constitution confers citi enship compris s those (a) domicil d in India (b) one of whose parents was born in the territory of India or (c) who have ordinarily been resident in the territory of India for not less than five years provided that they have not Yoluntarily acquued citi enship in any foreign state ·India has thus adopted a three fold basis for citi enship namely birth descent and residence These provisions are in certain ways stricter than those in the Constitution of the United States where birth alone 15 sufficient ground for citi enship In the Indian Consti tution however an additional qualification is need a The prson must have a permanent home in India The second category consists of those who have migrated to India from Pakistan or who have come to India from Pakistan under per manent permits granted to them by the Indian authorities Displaced persons from Pakistan will be deemed to be citizens of India on the commencement of the Constitution of erritory of (a) they or either of their parents or any of their grandparents were born in India before partition (b) they (in the case of those who migrated before July 1948) have been ordinarily resident in the India since the date of their migration and (c) they (in the case of those who migrated on or after July 1948) were registered as citizens of India on application made by them before competent authorities With regard to the last there is a reservation that no such person should be registered in India unless he has resided in the territory of India for at least six months immediately preceding the date of his application These provisions are in fact in conformity with the policy of the Government to accept practically all displaced persons who came to India from Pakistan before July 1948 but thereafter to accept only such people as were registered citi ens of India The Constitution denies citi enship to those who migrated to Pakistan after March 1 1947 but exempts those who have returned to India from Pakistan under permits seeking permanent settlement The proviso is intended to help those Muslims or their families who left for Pakistan during the disturbances without any intention of residing there permanently Finally the right of citi enship has also been conferred on persons of Indian origint siding outside India They include all vo cither themselves or any of whose parents or grandparents were born in undivid d India and ho register themsel es as citi ens of India through India s diplomatic or consular representatives abroad 15 ·Meddwell ht "RIGHTS IGHTS are the groundwork of the State They are the quality which gives the exercise of its power a moral character And they are natural rights in the sense that they are essential for the good life Their inclusion in the constitution of a country makes them inviolable commanding the respect of the people and the government alike Being fundamental to each citizen they are made justiciable but some rights which cannot be enforced in the courts are more imperative and less violable because of their place in the Constitution They have a great cducative value and provide training in citizenship The theory of fundamental rights implics limited government It aims at presenting the government and the legislature from becoming totalitarian and in doing so it affords the individual an opportunity for self development But these rights are not absolute they are subject to limitations imposed by the State in order to secure nghts for all individuals or to promote the greater interests of the community or the State The Indian Constitution offers all citi ens individually and collectively the best fruits of democracy and those basic freedoms and conditions of life which alone make life significant and productive

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·The rights contained in Part III of the Constitution are declared fundamental and justiciable All other laws which are inconsistent with them or take away or abridge these rights are null and void The fundamental rights are classified as (1) Right to Equality (2) Right to Freedom (3) Right to Freedom of Religion (4) Cultural and Educational Rights (5) Right to Property and Right to Constitutional Remedies RIGHT TO EQUALITY The new Constitution postulates ci ac and social equality as the bedrock of Indian polity Discrimination against any citi en on grounds of religion race caste sex or place of birth is prohibited In public employment it ensures equality of opportunity for all The only exception is the right given to the legislature to prescribe in certain cases residential qualifications and to reserve some posts for backward classes who in the opinion of the State are not adequately represent ed in the services The definition of backward classes has been left to the decision of the State Governments Another important step which the Constitution has taken towards the establishment of social equality in Ind a is the abolit on of titles local or foreign which created artificial differences among the people Only the conferment of military or academic distinctions will continue ABOLITION OF UNTOUCHABILITY The Constitution has put legal stamp on the great social revolution brought about by Mahatma Gandhi It I fts about fifty million untouchables of India from their age old low social status It lays down that untouchabil ty is abolisi ed and its practice in any form is forbidden The enforcement of any disability arising our 17 ·of untouchability shall be an offence punishable by Jax This single clause outlau ing untouchability is more precious than all the rights of equality guaranteed under the Constitution It puts in end to the most degrading of social inequalities that have vitiated Hindu society Such social customs and disabilities as enforced segregation of untouchables at wells in strects schools and places of Worship are declared illegal In fact the ban covers all forms of untouchability specified or unspecified Some of the prevalent social disabilities are removed and equality in public places is guaranteed to all It is provided that no citi en shall on grounds only of religion race Ser place of birth or any of them be subject to any disability liability restriction or condition with regard to caste (a) (b) access to shops public restaurants hotels and places of public entertainment or the use of wells tanks bathing ghats roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public With the statutory equality of status accorded to untouchables a new chapter of social d mocracy opens in India This right to equality or equal protection of law against segregation on grounds of colour is still to be recogni ed even in some advanced countries Under the Indian Constitution however segregation on grounds of colour or caste in public places carriag s and educational institutions constitutes an offence and a direct breach of the right to equality INDIVIDUAL LIBERTY Consistent with its democratic aims the new Constitution seeks to guarantee basic rights and freedom to all people in India Every citi en enjoys freedom of speech and expression the right to assemble peacefully and without arms form associations or unions move freely throughout the territory of India reside and settle in any part of it acquire hold and dispose of property and practise any profession or carry on any occupation trade or bu iness These rights hon ever can by no means be absolute nor are they so in practice The Constitution enables the State to restrict these rights in the interest of public order decency morality and security of 18 ·State and authori es it to impose any reasonable restrictions in public interest It also safeguards the night of the State to make laws relaung to hbel slander defamazon and contempt of court Ir is sometimes said that the saving clauses in the Constitution detract from the rights ensured by Article Nineteen This is an erroneous conception Norights are ever absolute They are always subject to limitations imposed by the State to secure or promote the greater interests of the community Even in the American Constitution some restrictions on rights are recognized by the Supreme Court as vital for the State Personal liberty and the rule of law also find a place in the Constitution No person can be convicted of any offence except for the violation of the law in fotce at the time of the offence Nor can he be subject to a penalty greater than what may have been included under the existing laws The other legal reliers a ailable to the individual are that no person will be prosecuted and punished for the same offence twice and that no person accused of any offence will be compelled to be a witness against himselt The principle of the rule of law is recognu ed by other provisions also Thus no person can be deprived of his life or per onal liberty except in accordance with the procedure established by law Nor shall he be demed equality before the law or the equal protection of the laus of the country Detention without trial has been an anathema to the people of India The Constitution therefore includes measures against arbitrary arrest and indefinite detention It lays dona that no person who is arrested si all be detained in custody without being informed as soon may be of the ground for such arrest nor shall he be denied the right to consult and be d fended by a legal practitioner of his choice It delines the procedure to be adopted in the e ent of detention Ic fixes three months as the maximum period ot d tention unless it is extended on the advice of an Ad sory Board comprising prsons qualified to be appointed as judges of the High Court It also stipulates that the authonty making such an order should communicate to the person arrested the ground on wi ch the order has been made and afford hm the earliest opportunity of making representations against sucl an ord - The only e emptson from this relief are persons wl o ate (1) for the time be ng consid red to be encm es of India (11) aliens or (m) are under pre enti e detention also guarantee freedom of IT Articles on Right to Eg ·and commerce throughout the territory of India Traffic in human beings enforced labour and employment of children in factories mines and other ha ardous employment are prohibited RELIGIOUS FREEDOM True to the tradition of religious toleration and the catholicity of the Objectives Resolution India s nen Constitution guarantees reli gious freedom to all Subject only to public order morality health and other essential provisions all persons are entitled to freedom of conscience and the right to profess practise and propagate religion freely The right has been further guaranteed by the autonomy given to every religious denomination to manage its religious affairs and to own acquire and administer property for religious or charitable purposes The Sikhs have thus the right to wear and carry kripans 12 promotion and the maintenance of any particular religious denomina tion Nor is religious instruction or religious worship compulsory at institutions which are either recogni ed by the State or receive aid from the State funds The Constitution taboos religious instruction as such in all educational institutions run and maintained by the State CULTURAL AND EDUCATIONAL RIGHTS The new Constitution as one member of the Constituent Assembly put it opens a new era of the rights of the minorities It tends to safeguard the freedom of every minority to practise its own religion and to preserve its own culture language and script The term minority is used in this conn ction in a wide sense to include even cultural minorities which eust in a particular locality The main idea as Dr Amb dkar explained was to see that If there was a cultural minonty which wanted to preserve its orn language and culture the State would not by lan impose upon it any other culture which might be local or otherwise All minorities religious or linguistic have been given the right to establish and administer educational institu tions and the State is prohibited from discriminating against any such institution in granting and Further no citi en is denied admission to educational institutions maintained or aided by the State on 20 ·grounds only of religion race caste or language Thus in addition to their own the minorities will have all the educational facilities available to the majority RIGHT TO PROPERTY The Indian Constitution prohibits expropriation of property by the State It stipulates compensation in the event of compulsory acquisition for public purposes It assures that no person shall be deprived of his property save by authority of law For compensation it provides that no property movable or immovable including interest in arly company owning any industrial or commercial undertaking shall be taken possession of or acquired for public purposes under any law authorizing the taking of such possession or such acquisition unless the law provides for compensation for the property taken possession of or acquir d and either fixes the amount of compensation or specifies the principles on which and the manner in which the compensation is to be determined and given An additional safeguard prescribes that no State legislation for compulsory acquisition can be enforced unless It has received the assent of the President Parliament will be the sole judge on two matters on th propriety of the principle of acquisition and the decision on compensation Judicial review arises only if there is a fraud on the Constitution or when expropriation or the principle of compensation is allusory Such phrases as just compensation due process of law ΟΣ adequate compensation are purposely avoided to eliminate embarrassing judicial review and unnecessary litigation The Constitution, however exempts from its jurisdiction certain pending legislation on the abolition of the amındari system Such legislation will, however be valid after it has received the Presidents assent. This distinction will prevent the sabotage of an essential reform in land tenure by protracted litigation The Constitution also endows the State with the authority to make any law for the purpose of imposing or leyying a ta or penalty for the promouon of public health or the prevention of danger to life or property Certain other laws including those dealing with evacuee property are exempt from the jurisdiction of the courts 21 ·RIGHT TO CONSTITUTIONAL REMEDIES The provision on constitutional remedies as d scribed by Dr Ambedkar is the heart and soul of the whole Constitution Rights I av no meaning unless they atų enforced and safeguarded by constitutional m thods Every citi en has the right to move the Supreme Court tor the enforcement of fundam ntal rights To this end the Supreme Court is given general poners to safeguard tlies nghts as well as the power to propose particular remedies such as. habeas corpus mandamus etc The inclusion of these writs in the Constitution guarante s the freedom of the individual At present they can be abolished at will by the legislature When the Constitution comes into force they will become part of the fundamental law and cannot b chang d without amending the Constitution Parliament however is authori cd to confer these powers on any court to exercise them within the local limits of its jurisdiction The right to constitutronal remedies cannot be suspended save in a declared emergency Even then the suspension of rights need not necessarily extend to the wholc of India the power of suspension unf ttered Th position under the Indian Constitution more or less corresponds to the practice in the United States Thus while the Central Legislature has the complete power the Executive Head of the State has only ad interim power to suspend the rights Moreover the rights are restored as soon as the emergency is o er Nor is Parliament however is authors ed to modify the fundamental rights in their application to the Armed Forces A public servant can also be indemnified for any act done in his official capacity under martial law It can further validate any s ntence passed or punisi - ment inflicted during its operation Notwithstanding these limitations Parliament is authors ed to pass legislation to give effect to these rights and provide punishment for offences committed against it. Lans and punishments in force at present with regard to these matters will continue to be so until altered or repealed by Parlament The power to make these laws and prescnbe punishment for offences is for the time being vested only in Parliament and not in the legislature of any State Thus provision Dr Ambedkar explained is necessary to make the fundamental rights and punishment for their breach uniform throughout Indit 22

·THE chapter dealing with dir case principles of Stat policy is a
unique feature of our Constitution Its inclusion was found n cessary
in India and th only parall 1 is the Const tution of th Republic
of Ir land This chapt r gives d r ctions to the futur 1 gislatur and
e e utiv so as to ensur exercise of th ir autl ority Th y re meant
to be codes of constitutional prop ty hich uld trmine the
Ilation of the gornm nt with the p ople The p incipl s are meant
to ban imp ratne basis of Stat policy
Thic e press on
Statc however has a du 1 m in As a
coll cti
ntity it r pr s nts th Go rnm nt and Parli mnt of India
and the gornment and tl 1 gis! t r of 1 Stat In a distribiti
S Tse ft aries 11 th villig » Jasua district hotrds a dar
local bodies
TOWARDS ECONOMIC DEVOCRACY
dir ctic
To mak democr feil and cffct z one of t1
princip cnjoins that it mut b
bot! econom, and political

·This means one man one value although the Constitution does not prescribe any specific method to achieve this goal What it does direct however is that every government whether at the Centre or in the States should strive to bring about a democratic economic structure As Dr Ambedkar put it it enjoins that however adverse the circum stances may be the Government should always endeavour to achieve this principle Among the economic rights and principles of social security which the Constitution specifically requires the State to ensure for its people are (1) adequate means of livelihood (2) fair distribution of wealth (3) equal pay for equal work (4) protection of child and adult labour (5) employment (6) free and compulsory education for children up to the age of fourteen (7) public assistance in the event of unemployment old age sickness disability and other cases of undeserved want (8) living wage (9) conditions of work assuring a decent standard of lif full enjoyment of 1 isure and social and cultural oppor tunities and (10) raising the level of nutrition and improvement of health Special emphasis is laid on the promotion of educational and economic interests of the Sheduled Castes and Scheduled Tribes and other backward sections of the community The directives also incorporate other important subjects which progressive opinion in this country has been asking for a long time Some of these are 24 ·(1) organization of the village panchayats (2) uniform civil code for all citizens (3) prohibition (4) organı ation of agriculture and animal husbandry (5) prohibition of slaught I of useful cattle especially milch and draught cattle and their young ones (6) protection preservation and maintenance of monuments and places and objects of national and historical importance and (7) separation of the judiciary from the executive Consistent with the high moral traditions of the country and its desire for world peace it is further affirmed that the foreign policy of India should promote national peace and security maintain just and honourable relations between nations foster respect for international law and treaty obligations and encourage the settlement of international disputes by arbitration ·India hot! DO! huo in as BHARAT lins lo n describe in the I din Con tittnis 1 Union of Sunt s The name impli the nd uctil! nur of it unity NO unit cun thus cc d from th Union The country is an integral whole its p opln singl hung und r a sangi imperium der d from singl sou c the diftrnt units or into hich It is disid d for administrativ cont nicnc Th Statcs consist of tunty sin units specifi d in parts AB and C of the First Si dul d pit Stats These Stat s includ the Gos rnors Provincs the States Unions th centrally administered states the Chief Commis ioner Provinc s ?nd other Indian tates Th multiplicity of units ins a legacy cf the Briti hr gim By 1 process of int gr? tion and unioni ation hour homog neity has emerged from a congeri s of Indian states constitution and administration pres nted baffling mety Some of tbs states which at the time of the inps of paramountcy pres nted a potential thr nt to the unity of th country ha eith rb in merg d into ndjoining provinces or hav bn integrat d into compact units of the Indian Union Unlike the Indian Fed rarion of 1935 Actyluch proposed a marriage between loc ·autocracy and d mocracy the Indian Union under the new demo cratic Constitution symboli es th union of equal and compatibles V1 Redistribution of Units The authority to admit and establish new Stat s as well as to alter the areas and boundaries or names of existing States is vested in Parliament the Central Legislature In this matter the President will ascertain the views of the I gislatut of each of the States concerned Law which contemplates a change in the boundaries of the Union will not b considered an amendment to the Constitu tion This provision is intended to facilitate the creation of rational administratry units Federation The Indian Constitution has all the characteristics of a federation It has for instance (1) a written constitution (2) a clear demarcation of powers between the States and the Centre and (3) the existence of a competent and independent Supreme Court to settle disputes between the Centre and the constituent units The Constitution is federal in the sense that it establishes a dual polity with the Union at the Centre and the States at the periphery each endowed with sovereign powers to b exercised in the field assigned to them respectively by the Constitution The proposed union is not a League of States nor are the States the agencies of the Union deri ing powers from it In this respect it conforms to the Am rican Canadian and Austral an patterns and diff is from the unitary constitution of the United Kingdom many vital Spec al Features The Indian Federation however differs from the other feder ations ects In the USA there is dual citi enship each State has the right to grant its citi ens or residents a number of rights which it may deny or grant on more difficult terms to non resi dents As opposed to this the Indian Const tution nvisages a dual polity with on citi enship and no sop rate citi nship for the States Indians no matter where they reside are all equal in the eyes of law The States in America have the right to make their own constitutions In India no such power is given to th units There is only one con stitution applicable to all and one constituent authority Article 238 is an exception and deals with some features p cul ar to the princely states and the condit ons arising out of an agreement betheen them and the Government of India E cept in the transitional period the constitutional relationship of the states with the Centre and their internal structure is on a par with the Provinces 27 ·In some federations the duality of polity involves a duality of legislature executiv judiciary and services This duplication rends to produce a di rsity in law administration and judiciary Some diversity may b desirable to cop with local needs and circumstances but b yond a particular point it only causes confusion A modern constitution must provide for uniformity in all basic matters Legisla tive and administrative unity is envisaged by the Indian Constitution by means of (1) 1 single judiciary (2) uniformity in fundamental civil and criminal law and (3) common all India civil services The High Courts and the Supreme Court form a single integrated judiciary They have jurisdiction over cases arising under various laws constitutional civil and criminal The Codes of Cıvıl and Crımı nal Law are placed in the Concurrent List Uniformity is thus preserved without impairing the federal system Uniformity in ad ministration is ensured by placing members of all India scrvices in key posts Besides the Constitution affords the Centre and th President imple scop for initiative in all matters of national importance Federal systems are generally rigid It becomes almost impossible to change them The Indian Constitution however is unique in its federalism It is at once unitary and f deral according to circumstances Normally it is meant to be federal but in an emergency it can assume 1 unitary character The Constitution las 7 Concurrent List of forty seven it ms In this rspect It follows the Au tralian example but goes 7 step further To avoid the weakness of rigidity and legalism inh rent in a federal polity it sts Parliament with exclusive powers in as many as ninety seven items Even in normal times the Centres lgi lative authority can b xtended The comparatively easy amending process adds further to its fl xibility RELATIONS BETWEEV THE UNION AND THE STATES Legislatne Relation The Con titution distributes the items for 1 gislation among the c lists (1) the Union List (2) the State List and (3) the Concurrent List The r sp ctit juri dictions of the Union and the States and their mutual r lations arc cl arly defined Measures enact d by the Union under th Concurr nt List havt priority irrespective of 28 ·corresponding State legislation Lak Canada and unlike America the residuary power in India is vested in the Centre Except for the States mentioned in Part C normally the Centre cannot legislate on any m tter included in the State List Parliament can ho vever do so (1) if the Council of States recommends that such legislation is in national interest (2) if two or more States mutually agrec that this should b done and (3) to implement treaties or inter national conv ntion Administratre Relations The Constitution seeks to ensure harmony betwe n the Union and the States The executive authority of the State must be so exercised that it ensures compliance with Union legislation and its administrati c direction The Centre can also give directions to a State regarding the construction and maintenance of the means of communication of national or military importance The President with the consent of Parliament and the Go rnment of a State may confer powers or impos duties on State officers in respect of matters normally outsid their jurisdiction In such cases the Centre bears the extra cost involved in the discharge of the c duties Co ordination betucen States To acl le c inter State co ordination the President is authori ed to appoint an inter Statt Council The functions of the Council are (a) to enquire into and advise upon disput s bet veen States and (b) to devise means for promoting common interests of the Union and the States Finan ial Relations Before partition the te nue resources of the Provinces were limited The new Const tution seeks to remove this defect It lays donn a broad scheme for distribution of resources between the Centre and the States But it leaves the task of detailed allocation to the Finance Commission to be set up by the President v ithin two curs Emergency Pur Besides its many other onerou responsibilities the Union Govern ment has to (1) raise the standard of its administration and 1 gislation

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PARLIAMENTARY GOVERNMENT The Indian Constatution provides for a parliamentary form of government Accordingly the executive is inde adually and collective ly responsible to the legislatute in respect of all its functions decisions and actions The legislature controls the executive primarily through its legislative authority and control of the purse At general elections people are given an opportunity to elect a new parliament This system of government differs basically from that of the United States of America where the President is the real executive and the Cabinet only his shados Under the Indian Constitu tion however the President occupies the same position as the hing under the English Constitution He is the head of the State but not of the executive He represents the nation but does not rule the nation His place in the administration is that of a cere monial device on a seal by which the nation s decisions are made known ·FLECTIO OF TIIT PRESIDEN Tie The P't sdn will in indirectly cl dts an clecto al collex const ting of clected mmkurs o k hluslim and the Legi litures I the Stat TI 16:ll let them dot proporti nal repres marron and 1: 7 loral President ing a ne minil hd 117 tel 01143 unnec uary Vor tal! el cto al machinery for all du in th pridnt 1 Ichi zet numise of tich co member of this litur lipit cula: Star Cinca will hanc rained by a m el nuk I will helst from the fa pa 76 promile given in the Daft Con litu ion The population of Bomba 2081780 Let us take th to al number of clected memb is in the Legislatie Ass bly of Bo.. bay to be 208 (1e one member renres ning one lakh ofth romulatin) Ta Ab ain the number of va es at he huhcle care $noitled to 21 at the elecon o'i Pres den fehase fit to divido 20 8-9 840 (which is the population) by 203 (ch hlith bu aland of elected members) and then to diside the quaren by 1000 In this case the quo len is 100,239 The numbe of voel which each sucb member will b entitled to cas would b 100,2391000 se 100 (disregarding the remainde 239 which is les than 500 in the cas of an elected m mber of either Hou of Parliament te the Central Legi lature h cincit as min Otcs as ma be obtained by di iding th total numl r of vot s tob ca lvy all the clected members of thel gislature of the States by th total numb of the cl cted memb is of both th Hou of l arliam at QUALIFICATION The qualifications need d by 1 candidat for the office of Pr sident are that he hould I (1) 7 citi en of India (2) ouer thirty five y ars of ag and (3) eligible for clection as a membr of the House of the Peopl A governm nt riant hot er is incligible for the otfice of Pre id nt 32 ·TERM OF OFFICE The term of the office of President is five years unless he resigns earlier or is removed from office by impeachment The President is eligible for re election The President will have an official residence and draw a alary of Rs 10 000 per month The salary cannot be reduced during his term of office He is also entitled to the satne privileges and allowances as the Governor General before January 26 1950 PROTECTION The august off ce of the President of the Indian Republic carries with it great dignity and legal prı ileges The President is not answer able to any court for the exercise of the powers and duties of his office except in case of impeachment No criminal proceedings can be instituted against him during his tenure of office nor any civil proceedings in which relief is claimed from him before two months written notice IMPEACHMENT The Indian Constitution provides for impeachment of the President for the violation of the Constitution A motion to that eff ct may be initiated in either Hous of Parliament but must be passed in the form of a r solution by a two third majority Fourteen days notice signed by a fourth of the total members of the House must be gi en in advance whil the charges must be investigated by a House other than the one framing them If the resolution is passed the President is forth ath removed from office POVERS The Constitution vests in the President all executive authority of the Union including the supreme command of the Defence Forces and the power to grant pardon and to remit punishment or to commute sentences in certain cases All important appointments will be made by him including those of governors diplomats judges of the Supreme and High Courts the Chairman and members of the 33 ·Union Pullo SIC Commission ! Atrornycal or indir and th Compet 11 ind Auditor General «ind He will alo in int it El crin ind timine Cmi son and hier om missions with will i Mort on th admin tration the schedul J 77 25 und ini 41811 il conditis of sxially and jucationally ticku ard class Th legislatise nut! onty of ti Ir ad ne cst nds to i tuin ordinances during the rec s ol ! 12.rament He can make regulations for the pace and good g crnment of ! Sledul d Area He can send bills to Parliam nt for con id ration di olve the Hou ottle 1 ople coniche joint s jions of both House and addr s or ind messags to cith r or both of them No money can be granted comm nd d hy the Presint nor can mon y bills th introduced crcent on his r comm ndition unl $ EMERGENCY POKERS As in the cas of th Weimar Constitution for Grminy th Indian Constitution i sud po rs to the Pc id nt in an em? &ncy It contemplat sthree typ s of m 18 ncies and corr pondingly thr c kinds of promulgation which the Pr sid nt can make Emergency aused by War or Internal D tu hances If a gra c em ncy exists sluch threatens the s curity of India or any part of h r territory by rason of var or external aggr ssion or internal disturbances th Pr sid nt mis declare an emers ncy Some tim s this declarntion may be made in anticipation of x 17 or aggrosion or civil commotion The authority of the Pre ident houes t is al is subject to th authority of Parliament Such proclamation mu elu mid b for ench Hous of Parliam nt it will cense to b alıd at th end of tuo months unless otherwise d cid d by both Hou s of Parliam no Even so it can op rate only for sir months ind mty not be crtend d beyond thr c scars In the cent of an emerg ncy the Centre can supersed th legislatic powers of th State The Presi dent can for a short priod or for the holc period of the emergency susp nd th right of th individual to more th enforce fundamental rights At the same time th I resid nt has the night to modify th normal allocation of the country s { $cuc resources for the financial, ar courts to 341 ·Failure of Constitutional Machinery in States If the President is satisfied on the basis of reports that the govern ment of a State cannot be carried on in accordance with the provisions of the Constitution he can issue a proclamation to that effect He can then himself assume all the functions of the Government of the State includıng the powers of the Governor or the Rajpramukh He can empower Parliament to exercise the powers of the State legislature He can suspend any part of the Constitution relating to any individual in the State The only exception is that he cannot assume any of the powers vested in or exercisable by the High Court Nor can he suspend the operation of any provisions of the Constitution relating to that Court As regards legislative powers Parliament can delegate the pour to make laws for the State to the President of any authority specria by him The President however cannot promulgate ordinances ar the State when both the Houses of Parliament are in session. I House of the People is not in session e penditure from the Consum dated Fund of the State can be authori ed by him pending acrt Parliament F nancial Emergency If the President is satisfied that a situation has arisen wheremos financial stability or credit of India or any of its territories is threat op he can declare a financial emergency In such an event he car para necessary directions including suggestions for the reduction on why and allowances of public servants belonging to the Union of Ice All money bills passed by the State legislatures are also go zeme the approval of the President The procedure and duration of emergencies in the lze y will be the same as in the case of the first declaration Although the President has all these formal poret follow that he will exercise them in an arbitrary miznego titular head of the Republic The real head of the economy the Prime Minister and the Cabinet that is the Count The Indian Constittyy will be the erecutive organ leadership and dominance of the Cabinet and leaves - Part the courts and the people to keep a check on its act Although there is no specific provision that Paieme act on the advice of Ministers the relations concert 35 ·Ir sid nt and the Council el Mini Il pilalls in & crned by a conscntion In this matter the Indian Contitut: will follow the British proc Jur TIF ICF IRFSIDET If th Constitution proud s for a liels sident of India alios an ex officio Chairman of the Council of S 110s In this teinect bu office cort sponds to that of the Vice 't nt of the USA Pr sid nt is all if he resigns di sor is removed or for any rsson abs nt ch Vice Presid nt will officiate as I resident But unlik the American Vice I resid nt h dons not automatically Ivo the President for th rst if thi tim when th Jatter signs or dics ELECTIO The Vice I resid nt is cl cted at a joint m ting of hoth th Houss of Parliament according to proportional repres ntation by a singi transferabl vot Any citi en of Indır nged thirty a cirs and qualified for memb rslur of the Council of States is eligibl for th office The Vice President may b moved from his office for incapacity or want of confid ncc COUNCIL OF MINISTERS According to the Constitution a Council of Ministers with the Prim Minister as its lad will aid and due the President In thc crcrcise of his functions The I ad rship of the Prime Minister is explicitly + cogni ed The Prime Minister will be appointed by the President wlule the oth r ministrs ill be appointed by the President on th ndvic f the Prime Minister The Prime Mir ister will b a link letu con the Cabins and the Presid nt He 11 communicate to the Pr sident all decisions of the Cabinet ind furnish him with all other information that he might like to have The minist rs hold office duning the pl asure of th President but this provision is coupl du ith another a hich stipulates their collelectie 36 ·responsibility to the House of the People This means that a minister would be liable to removal on to grounds namely want of confidence and impurity of administration The ministers are required to take oaths of office and secrecy and draw such salaries as were paid to them before January 26 1950 37 ·One of the outstanding features of the Indian Constrution y laes to adult franchise It lays doun that the election of the Hous of the P opl shall be on the basis of adult suffrag that is to say city citi cn who is not less than trents-on y ars of age and is not och MIS disqualified und r this Constitution or under any Act of Parlia ment on th ground from sd nc un oundn sof mind crum corrupt <r illpractics! 211 l untitl d tal togt red as a lot nt such con Thus pro iston i charact ri d by som a th fountun spting of democracy which ntitl sc ty adult in India mal orf mile toa har in the Gos rnment or Dr Raj ndra Pri ad has ols rued while prosud d for adult suffrag by hich the Legislatıs As mblies in the Prownccs and th House of the People in the Centre will b el cred It is a very big srep that we have taken It is big not only beciu c our pres nt hm llet ei ctorate and bas di cry largely on null1 LIS V more and a have found from up renc gun u wu! of voters that has b n going on in the Provinces that fifty per cent roughly , prent the adult population And on that basis u shall ·have not less than 160 million voters on our rolls The work of organi ing election by such vast numb rs is of tremendous magni tude and there is no other country whr election on such a large scale has yet been held SO The Legi lative Ass mblies in th Provinces it is roughly calculated will have mor than 3 800 members who will have to be elected in as many constituenci s or perhaps a few less Then there will be something like 500 memb is for the House of the People and about 220 members for th Council of Stat We shall thus have to provide for the election of more than 4 500 members and the country will have to be divided into som trung like 4000 constituencies or I was the other day as a matter of amus ment calculating what our electoral roll will look like If you print forty names on a page of foolscap si e we shall requir something like twenty lakhs of sheets of foolscap si e to print all the names of the voters and if you combine the whole thing in one volum the thickness of the olume will be som thing like 200 yards That alone gi s us some idea of the astness of the task and the work invol ed in finalı ing the rolls delimiting constituencies fixin pollin stations and making other arrangements which will ha e to be done between now and the winter of 1950 51 when it is hoped the elections may be held The Constitution su eeps away all antiquated and undemocratic qualifications property income status tatles literacy etc which under the Act of 1919 debarred ninty seven per cent and under the 1935 Act ninety per c nt of the people of India from exercising th ir elementary right of citi enship the right of voting The Constitu tion removes the notorious syst m of communal electorates which had broken up Indian soci ty statutorily into communal compartments The citi cns in India will no v vot as indi iduals and not as Hindus Muslims or Christians There will be on g ncral clectoral roll for cv ny territorial constitu ncy and no person will be ineligible on ground of religion race castc or scy Parliament In the Indian Constitution the central legislature is called Parlia ment It consists of the Presid nt and the tho Houses to be known respectively as the Council of States and the Hou e of the People The Pr sident is an integral part of Parliament All bills pas ed by the tro Houses must have his formal assent and all acts will be and promulgated by him 39 ·Coun ıl of Stats Like other f deral constitutions the Indian Constitution also nvisages 1 bicam rol system Th Council of States as its name implis ill include repr sentiti s from the States or the constituent unit of the Indian Union It is 1 p rmanent body one third of its m mbers tiring every second i ar Its marinum str ngth is 250 and corr pond to half f the Hou of the P ople Out of these t cl membr will l nominated lyt! Prident from among well hnn person lit in thr alm of arts and lett rs sci ncc and ocial гісс Th ret ill be repre ntatics of the States According to the Fourth Shedul hich r lntcs to th allocation of seats to the Sunt tlc St piti d in Part A ull harc 145 representativ s hi th Stat 111 T art B and C fifty the cand scienr pectively مل } 32 Elt1 ir tt Council of Stat s ill be indır ct In other r pr s nec s of th States specified in Parts A and B ul not b 1 d directly by th pople in tcad th y vill b clected I tisal oll con isting of cl cted member of the Legisla A mbly (+ 1 Stat Elections will be bin y tem of propor tional i pr s ntation and singl transf rnblc otc According to th trvot s for only on candidate lut he may indicate th of candidat for hom h would like to have his otc nidru By thi arrang month is r a onably assured that hi 11 nort asted As regard the States mentioned in Part C th Constitution 1 71 s the method of s I ction to be d termined by 1 arlinn nt m 1 t House of tic Pc rl The maximum tr ngth of the House of th People is fired at 500 memb rs dir cils el ct d bi ti voters in the States Provi ton has b n made for this ration of seats for th Schedul d Ca tes and Sch dul d Tribs V mb is of th Anglo Indian community can also I nominat dlsti I resid nt to th Hou of the Peop] \ mill the life of the Hous is five ars unl ss it is dissols d arlir During in cm i ne its lif cin b prolong d by a year at 7 tim It cant loc I continue l sonda p riod of six months after the proclamation his cci d to op rate (OSTITUZICII For the utro fcl ction th States 1r to be divided into territori con 11 n 10s and the num! r of r pr ntatives to be 40 ·allotted to each such constituency shall b so der rmined as to ensur that there shall be not less than one repr ntativ for et ry 750 000 of the population and not more than one repres ntativ for every 500 000 of the population Th o erall condition is that th ratio betu een the number of repres ntatives allotted to a constitu ncy and its total population (as ascertained at th last pr ding c nsus) must be uniform throughout India Far Elect ons To ensure fair elections an indep nd nt El ction Commission will b appointed It will be responsible for the preparation of electoral rolls and the conduct of el ctions To that end an indep dent status us assured to thChiet Election Commission r Sessions The Constitution stipulat that both the Houses should meet at least twic every year and that not more than six month hould clapse between th Session Thi nsures r sular Sons of th legislature The quorum prescribed is t n per cent of the total member shup of the House All decis on will b carried by a majority of the members pr sent and voting Th Speaker is given only a Casting vote The presiding offic s of the Uppe House are called th Chairman and th D puty Chirman Th corr sponding off cers of the House of th P ople a Spk r and the D puty Sp aker Qual f ut oss TI qualiti ations for a m mb r of Parlament ar that h should (1) bc 1 citi en of India (2) be not ss than thirty year of ag 11 th cas of t? Council of States and not I ss than thenty five cas of ti House of the P ople and (3) poss ss sucl other qualıf cations as may blaid down by Parliam nt in th Dsqual f cations A person is disqualift d trom b ing ? memb rof Parliam nt if he (a) holds any office of profit under any Gov rnment n India (b) is of unsound mind (c) voluntarily acqu s citi nship in 1 foreign stat and (d) 1 so dis jual ft d by or und any lau mad by Parliam nt All I sput s concrnig mm rslup art brf red to the ·President for decision He is however required to act in these cases on the advice of the Election Commission Pnirleges The Constitution assures members freedom of speech in Parlia ment This frecdom hos cir is subj ct to the provisions of the Constitution and rules and standing ord rs of Parliament The legislators are also granted immunity from penal action for iny speech mad or vote given by them cither before the House or any of its committ cs This relief also covers the publication of the proceedings of the House Until defind by Parliament other powers privileges and immunities of the members of the House ar those of the House of Commons of th Unit d kingdom Legislatne Proc dure Although ther is a bicameral legislature at the Centre the Constitution safeguards th supremacy of the Lower House in 11 matt rs of legislation In financial affair its authority is final The detail d rules of procedure are to be framed by cach House of Parliament The Constitution only lays down broad outlines of Among others it provides that bills other than the money bills can b introduced in either House The money bills must be initiated in the Lower Hou e Proc dure But in casc Provedure rega ding Ordinary Bills The non money bills must be passed by both Houses of a deadlock b tween th tuo Hou cs the President can summon thum to meet at a joint sitting At such joint meetings decisions are taken by a majority of the total memb rs of loth the Hous s present and voting A bill so adorted is d emed to have ben pissed by both the Houss Procedure regarding Mon, Blls A mon y bill after its pissige through the House of the P ople is sent to the Council of State which must I turn it with its recommenda tions sielun a fortnight The House of the People may accept or tej ctit Th bill as finally adopted by the House of the P opt is consid red to have been adopted by both Houses Annual Finan ial Stat irent Und the Con titution th Presid nt must put befor both th Houses of Parliament 1 statement of the estimated receipt and expenditure of the Gos inm nt of India This is called the Annual Financial Stat mnt It shoss the ums to b charged to the Consolidated Fund of India that is th central rurs and the money ·required to me t other espenditure The former category of erp nditure is non sotable thile the latt r is votabl Financial Pro edure Parliament has an opportunity to ercis effecti e control oy r the finances of the Go ernm nt of India Vorablc e timates are to lc submitt d dır ctly to the Hou e of the People The Council of States do s not com into th picture The House of the People can assent to refus or reduce th grant All demands for grants are made on th recommendations of th Presid nt After the demand for gr nts follows the Appropriation Bill which sceks to appropriat frm the Consolidat d Fund of India monies requir d to me t th grints mad by th House of th P ople and the expenditure char d to th Consolidated Fund The procedur adopt d follows that of Gr at Britain Canada Au tralia and South Africa No amendment 1 p rmissible if it aries or alt rs the destina tion of any grant or r duc s pndit irc char d to th Consolidated Fund It is turth pro ided that all monies from th Con olidated Fund should b withdrawn in conformity with the provisions of the Appropriation Act TI ta ation ojo al of the Co ernn nt and ot? r rel vant matt s form tl sulj ct of F nanc Bill Tlc Fina: c Ball is in tated and int (du d in th Hol of th People on the I comm ndat on of the Presid nc Other Grant The House of the People is gi en the authority to make any grant in advance y nding compl tion of procedure Ths is known ote on account This procedur will enable thc House to de ot to discussion of the budget It will no longer be necess y for th House to vote on all demands for grants at t! nd of the financial y ar as mo et m The House of the People can also sanction votes of credit and crccptional gant The Constitution provides for the grant of suppl m ntaty additional or e c ss grants and till th y are made by tlic Hous of the P ople the Pres d nt can make ad ances out of the Conting noy Fund ·Yout The Executie THE governmental machinery of the Seat s mentioned in Part A of the First Schedule closely resembles that of the Union The cx cute authority is sested in th Governor He can cxercise it cither directly or through subordinate officers This hou ever docs not present Parliament or the Legislature of the Statc from conferring functions on any authority The Governor is appointed by the President by warrant under his own hand and scal He holds office for five years unless he resigns carlier Onis Indian citi cns who have attained the age of thirty five and are no memburs of the Central or State Legislature are cligible for appointment If a pron is a member of any I gislature at the time of appointment hiss at all be deemed ro have fallen vacant from the 3mc time Besides fr e official residence the Governor of a State will draw a salary of Rs 5 500 pr month and such other allowances and priul 8 s as Te previously granted to the Governor of a Province ·He can Pouers The Governor appoints the Chief Minister and on his advice the other ministers He al o appoints the Advocate General make rules for the administration of the State He has the power to grant pardon or suspend remit or commute sentences in certain cases He convenes or prorogues either House of the State Legislature dissolves the Legislative Assembly gives assent to a bill or reserves it for further consideration by the President He can send back a bill for reconsideration by the Legislature communicate messages to or address the Houses Like the President he is empowered to promul gate ordinances during the recess of the Legislature No money bill can be introduced in the House nor any demand for grant made except on his recommendation As at the Centre there will be a Council of Mini ters to aid and advise the Governor in the exercise of his functions For the States also the Constitution contemplates the cabinet system But in order to furnish the Governor with all necessary information and enable him to exercise his authority more effectively as head of State the Chief Minister is directed (1) to submit to him all decisions of the Council of Ministers relating to administration and proposals for legislation (2) to supply such information relating to administration and proposals for legislation as the Governor may call for and (3) of the Governor so requires to submit for the consideration of the Council of Ministers any matter which has not been considered by the Council The Constitution requires Bihar the Central Provinces and Berar and Orissa to have a minister in charge of tribal welfare Like the Lieutenant Governors in Canada and the Governors under the Government of India Act 1935 the Governors of the States under the new Constitution will ensure that the orders and directions of the Central Government are carried out by the governments of the States The Pres dent can also authors c the Governor of a State to act in any contingency not provided for in the Constitution The heads of States mentioned in Part B of the First Schedule are known as Rajpramukhs They were appointed in accordance with the agreements made betn een the States Unions and the Government of India The head of the Jammu and kashtair State only will be an es ception Their salaries also are ft ed under these agreements Besides free official residence they are entitled to other allowances and privileges as may be detertained by the President. 45 ·r 15 r pr The erecutive authority of these States is sested in the Rajpra mukh There is a Council of Mini ters to aid and ad i him In the tran itonal p med b for th lgi litur and calint properly cons ituted th members of th Council of Ilin: :11 b apnginted by thc Rajpramukhs As mot of ths States hac o far hnd no responssblc Go crnment th ir trinstinto Itati form of Gox rnment cannot b juick Th Constiti a ther for provides that for ten cars or such period as may be prescribed by Parliament the government of th se States will function und : th nra] control of the Government of India Thy are dir cted to comply with instructions which the President may is ue from time to time Failure on the part of State governments to comply nith the direc tions of the President will be considered a breach of the Constitution. In the case of the State of Immu and Kashmir the juri diction of the Centre 15 Limited to tho e matters in the Union and Concurrent Lists which in consultation with the Government of the State are declared by the President to conform to the trms of the Instrument of Accession It can also extend to such other matters in the Lists as may b mutually agreed to by th Governm nt of th State and the Government of India The States, sp cified in Part C are administered br the President through a Chief Commi soner or a Lieutenant Go crnor appointed by him These States can also be administered through the govern mcnt of a neighbouring State Parliament can provide for a Council of Ad i ets or a Council of Ministers for these States It can also frame their con titutions po sers and functions The Constitution en sag s th gradual intro doction of respon ibl go ctament in thes Stat s THE STATE LEGISLATURE Lire the Centr the State Legi lature #1:con ist of th Governor and che i gislatie chambr or chambers of the State The States of Madras Bombay Uttar Pr desh Punjab West Ben al an3 Bihar wall hai a bicameral legislature comprising the Legislative As mbly and Legislatie Council and the rest of th States a unicameral 1 & laturt call d the Legislative Assembly Tlie bicameral system has been adonted as an experimcntal masure Parliam nt1 ho I authors cd to abolt h th Legislatı c Council of 46 ·- State or create it in another State if the Legislative Assembly of the State concerned passes a resolution to that effect Th law giving effect to this resolution will not be treated as an amendment of the Constitution LEGISLATIVE ASSEMBLY The Legislative Assembly of a State has a normal lıf of five years unless dissolved earlier Like the Central Assembly its duration can be extended in an emergency for a period not exceeding a year at a time It must however be dissolsed within six months after the proclamation has ceased to operate The Legislative Assembly of a State will be elected on the basis of adult franchise The total number of its members will not be more than 500 and less than sixty The actual strength is to b determined on the ratio of one to every 75 000 of the population of the State The erceptions are the autonomous districts of Assam and the constituency comprising the cantonment and municipality of Shillong where the proportion cannot be maintained owing to its small population The population of a State will be ascertained on the basis of the figures published after the last census There will be no reservation of seats except for the Scheduled Tribes and Scheduled Castes The Governor can also nominate members of the Anglo Indian community to the Assembly if he is convinced that the community needs representation or is not adequately represented The qualifications for a member of the Legislative Assembly are that he should (1) be a citizen of India (2) be not less than twenty five years of age and (3) possess such other qualifications as may be prescribed by Parliament LEGISLATIVE COUNCIL The Leg slative Council of a State will comprise not less than forty members and not more than a fourth of the total m mbership of the Assembly of that State It has a diverse personnel Nearly a third of its members are to be elected by electorates consisting of members of municipalities district boards and such other local autho fities in the State as Parliament may specify About a twelfth will be elected by electorates comprising graduates of three years standing Another twelfth will be elected by teachers who ha e worked for at 17 ·least three years within the State in an educational institution not loner than a secondary school A third will be elected by members of the Legislative Assembly from among non members The remainder will b nominated by the Governor They will include persons who have special knowledge of or practical experience in leerature, science art co operatite movement and social service The Legislative Council of a State is a permanent body with one third of its members retiring every second year The minimum age of a member of the Legislative Council is thirty years Other qualifi cations are the same as those of members of the Legislative Assembly The Consutution also envisages legislative bodies for States mentioned in Part C of the First Schedule Parliament may create a body nominated or partly elected to function as a legislature for thesc States 48

·Judiciary
A
well integrated competent and independent ::
guardian of democracy It safeguards the rights and in
people In a federal structure it is also the custodian of the
For it is only through the judiciary that the
powers
organs are kept under control Besides a direct
Constitution has adopted special provisions to go
an independent status
SUPREME COURT
At the apex of the Indian judiciary stands
Normally it will cons st of a Chief Justice and
The Privy Council now ceases to be the higher
In the method of appointment the Indian C
a middle course It does not give absolute disco
tive as in Great Britain
Nor does it imitate L.

·in which the Pr sident appoints judges with the concurrence of the Senate Thus in the appointment of judges the Constitution stipulates adequate consultation with judicial authorities In the case of the appointment of the Chief Justice of India the President must consult such judges of the Supreme Court and High Courts as he may deem necessary On the other hand for the selection of the other judges of the Supreme Court he is required only to take the Chief Justice into confidence TENURE In order to attract the best legal talent in the country any judge of the High Court of at least five years standing or an advocate of a High Court with ten years practice or a distinguished jurist is. eligible to become a judge of the Supreme Court Security of tenure is guaranteed to every judge He holds office till he is sitty five years old He can be removed on the ground of proved misbehaviour or incapacity The President can remove a judge only when an address has been presented against him by each House of Parlament To ensure impartiality and integrity of the judges the Constitu tion debars them from pleading or appearing befo e any court or judicial authority in India This procedure corresponds to the restrictions imposed on the future employment of members of the public servic commissions The terms of service of judges include free accommodation for the Chief Justice and other judges who draw a monthly salary of Rs 5000 and Rs 4000 respecti ely Once appointed their privileges rights and allowances cannot be altered to their disadvantage If a sufficient numb r of competent judges are not forthcoming both ad hoc and retired jud es may be appointed With the consent of the President the Chief Justice may appoint any eligible judge of the High Court for short periods Following the practice in the United States and the United Kingdom retired judges also can be recruited by the Chief Justice with the previous consent of the President They will not however be deemed full fledged judges of the court although they will enjoy all jurisdictional poners and privileges The President can also appoint one of the judges of the Supreme Court as Acting Chief Justice in the absence of the Chief Ju tice 50 ·SEAT The Supreme Court will normally sit at Delhi It may also meet at such other places as the Chief Justice may decide from time to time with the approval of the President JURISDICTIO V Under the new Constitution the Supreme Court has wider powers than the High Court in any federation of the world including the Supreme Court of America As a court of record it has all the powers of such a court including the poner to punish for contempt of court It is both a final interpreter of the Constitution and a final court of civil appeal. In criminal matters it can grant special leave of appeal and is emponered with criminal appellate jurisdiction in certain specified cases ORIGINAL JURISDICTION The original jurisdiction of the Supreme Court relates to constitutional disputes arising either between a State and the Government of India or between States Disputes arising out of the provisions of treaties with Indian States are hoxe er outside this jurisdiction APPELLATE JURISDICTION The appellate jurisdiction of the Supreme Court is three fold constitutional ci il and criminal In constitutional matters an appeal would a ise f the High Court cert fies that a case nvol es a substantial question of la The Supreme Court however can itself grant special lea e if it is satisfied that the case does invol e such an issue In civil cas s an appeal would generally go to the Supreme Court if the High Court certifies that the amount of the claim ini olved s not less than Rs 20 000 In criminal matters the appellate jurisdiction comprises cases where a H gh Court has (1) on appeal re ersed the order of acqu ttal of an ccused person and sentenced him to death or (2) withdrawn from trial any case from any court subordinate to its authority and has in such trial con icted the accus d person and 51 ·sentenced him to death or (3) crtified that the case is fit for appeal to the Supreme Court The jurisdiction in criminal cases can be extended by Parliament subject to such conditions and limitations as may be specified by it OTHER JURISDICTION It can The Supreme Court also inherits the jurisdiction and powers of the Federal Court with respect to matters not specified in the Consei tution It is given a vast revisory jurisdiction over all courts grant special leave of appeal against the judgment of any court or tribunal in the country ercept in relation to the Armed Forces Moreover its jurisdiction can be extended by Parliament in s veral other ways ADVISORY FUNCTIONS The Supreme Court has also certain advisory functions The President can refer to it any question of law or fact of public importance Under this jurisdiction even those disputes which involve interpretation of treaties or agreements of former Indian states can be referred to it although the Court has no original jurisdiction over them PROCEDURE The Supreme Court will have posers to frame rules for regulating its practice and procedure subject to the approval of the President and Provisions of lat made by Parliament The Supreme Court will deliver all judgments in public with the concurrence of a majority of the judges present But in case a judge differs from his colleagues he can deliver a dissenting judgment AUTHORITY BINDING ON ALL COURTS As the highest court of the country the law declared by the Supreme Court will be binding on all courts in India Subject to the 52

·T king th Pl dg t th m dn ght
Ambly nAg t 14 15
f th Cutt
1947
t

·dd
g
HE LURD MOUNTBATTEN G
th G lol Id
th Cott tA mbly of Aug t 15 1947

·provisions of any lan to be made by Parliament the Supreme Court is also given the power to review its judgments INDEPENDENCE OF THE SUPREME COURT In order to ensure the independence of the Supreme Court, the Chief Justice of India or such other judge or officer as he may direct is given the authority to recruit its staff and frame rules regarding conditions of service To secure the same end the administrative expenses of the Supreme Court including salaries allowances and pensions payable to its officers are charged to the Consolidated Fund of India and all fees and other incomes of the Court are deemed to be part of that fund HIGH COURTS The Constitution envisages one High Court for each State The actual number of judges including the Chief Justice will be determined by the President The appointment of the judges will be made by the President after consultation with the Chief Justice of India and the Governor of the State In the case of the appointment of a judge other than the Chief Justice the Chief Justice of the High Court concerned will be consulted A judge will ordinarily hold office till the age of sixty five The qualifications prescribed for the judge of a High Court are a little different from those of a judge of the Supreme Court Any citi en of India who has either held a judicial office for ten years or has been an advocate of a High Court for ten years is eligible for this office As regards the salaries and allo ances the Chief Justice of High Court all draw Rs 4000 and a judge Rs 3500 per month as well as such allowances as may be fired by the President from time to time Like h s colleagues in the Supreme Court his cmoluments and conditions of service cannot be changed to his disadvantage during his tenure of office The provisions regarding the appointments of the Acting Chef Justice and retired judges are similar to those applicable to the Supreme Court The provisions relating to the H gh Court are based on those of the Government of India Act of 1935 Subject to the provision of the Constitution and the provisions of any law made by an appropriate 53 ·revenu legislatur the High Courts in th States retain their present jurisdic tion and pou ts The limitations on their original jurisdiction over and its collection are I moved The High Courts also given powers (1) to issue writs for the cnforcement of fundamental rights (2) of superintendenc over civil courts and tribunals in the State and (3) to take over ca es from subordinate courts 1r Only Parliament can take an ay or add to the area of jurisdi tion of the High Court of a State The State Legislature is not competent to deal with the extra statal jurisdiction SUBORDINATE COURTS According to the Constitution the appointment posting and promotion of District Judges will be made by the Governor in consul tation with the High Court of the State The requisite qualifications for the post are that a person should already have been in Union or State service or should have been an advocate or a pleader for at least seven years and should be recommended for appointment by the High Court Judges other than the District Judges will be appointed by the Governor in accordance with rules to be made by him after consultation with the State Public Service Commission and the High Court Control over district and other subordinate including the powers of posting and promotion of the judges is vested in the High Court courts PUBLIC SERVICES The standard and efficiency of administration in any country depends ultimately on the calibre training and integrity of the public services In providing the basic condition of public service tenure of office rights emoluments privileges and the method of recruit ment the new Constitution therefore seeks to attract men of vi ion ability and honesty to man the administrative apparatus of a Welfare State It guarantees equality of opportunity although an cxception has b en made in the case of the Scheduled Classes and Scheduled Tribes for whom subj ct to the maintenance of cffic ency in administration a certain percenta e of seats and posts may be reserved 51 ·PUBLIC SERVICE COMMISSIOS Recruitment to public services through a public service com Mission Is a well recogni ed principle in democratic States As this principle has already been put into practice the Constitution provides for a public service commission for the Union and one for each State But it also prmits two or more States to have a joint public service commission provided a resolution to that effect is passed by each House of the State legislature concerned In that cas Parliament will constitute by law a joint commission to serve the needs of those States The States can also approach the Union Public S ruce Commission to act on their behalf The main function of the Union and State public service commissions is to recommend candidates for appointment and to conduct examinat ons for recruitment to the Central and State services The Union Public Service Commission will also assist if so required by tuo or more States in framing and operating schemes of joint recruitment for any services for shich special qualıfications are required As guardians of the services the public service commissions are to be consulted on 11 m tt ро 1 m thod f (b) TUTTO po pl P to abu tyt Isery be 1 il wd d tr d da d d f tak & ppo tm TV h ppo tm Р t u VI . 11 d pl Id mm nal d d th ta d rymt h pett pe mnm f ha ff serving und S ру Tim They are also to be consulted in matters of claims by public ser ants relating to costs incurred by them in defending legal proceed ings instituted against them as well as for the anard of pen sons n respect of injuries sustained during service unde the Government Their advisory functions include such matters as may be referred to them by the President the Governor or Rajpramukh They will have nothing to do with posts reserved for members of the Sche duled Castes or Scheduled Tribes any backward class of Citi ens the Union or a State In addition the heads of the Union and States can also provide by regulation that it will not be necessary to consult the public service commission in certain matters in general or in any particular class of cases or in any particular circumstance in or 52 ·PERSONNEL The total number of members of the commission is not fired by the Constitution The exact strength and conditions of service are to be laid down by the respective heads of administration The conditions of service cannot honever be vised to the disadvan tage of members after appointment As the function of the commission is to choos suitabl personnel for the public s rvices it is essential for th members to b men of experience The Constitution therefore provides that nearly half the members of every commission should hav at least ten years administrative experience TERM OF OFFICE . The term of office of a member of a public service commission is fured at six years or until he attains in the case of the Union Commission the age of sixty five and in the case of a State Com mission or a joint Commission the age of sırty REMOVAL OF MEMBERS The members of a public service commission are liable to be removed by the President on evidence of misbehaviour The principle followed in this case is based on the provisions of the Government of India Act 1935 for the removal of High Court and Federal Court judges Accordingly the Constitution provides for an enquiry by the Supreme Court on the basis of which the President will take action ELIGIBILITY FOR FURTHER EMPLOYMENT ment In order to ensure integrity and impartiality members of the commissions are ineligible for further employment under any Govern Another step taken to ensure the independence of the commissions is to charge their expenses including salaries allowances pensions etc to the Consolidated Funds In other words emoluments 56 ·of memb rs of the public service commissions are declared non votable and their tenure is not subject to the vicissitudes of political parties and favouritism Moreover regulations made by the President Governors or Rajpramukhs for their respective commissions are to be laid before each House of their legislatures To prevent interference with recommendations of the public service commissions the Con stitution ordains that the public service commission shall present annual reports to the heads of governments covering the work done by them dunng the year The governments in their turn will place before each House of the legislature a copy of it together with a memorandum explaining the cas s in hich the advice of the commission was not accepted The ministries will thus be answerable for all deviations from the recommendations of the public service commissions In this wa recognition of merit will be assured COMPTROLLER AND AUDITOR GENERAL OF INDIA The Comptroller and Auditor General of India will keep a vigilant watch on the finances and accounts of the Union and the States He is appointed by the President and has the independent status of a judge He scrutini es the accounts and reports on all cases of misappropriation He will also ensure that the mon es voted by the legislatures are spent under appropriate head His annual reports relat ing to the account of the Union and the States will be submitted to the heads of administration before they are laid before the legislatures 57 ·THE Indian Constitution nusages a democratic s cular State It makes India the largest of the existing democracies and creates an electorate which is estimated to be one twelfth of the vorlds entire population The new Constitution endeavours to translate into practice the noble concept of a co operative commons ealth -- a blending of the ballot paper and economic democracy It includes the most elaborate declaration of human rights so far framed by any State For the first time in the history of India the country has been territorially integrated and woven into one political texture India non becomes a nation The new Constitution is a flexible and workable constitution designed to suit all eventualities The f deral structure may function as a unitary system in the event of an emergency like war This is based on a well recogni ed principle that in an emergency it is the Centre which commands the residuary loyalty of citi ens It alone can work for the general good of the country The over riding powers of the Centre honever are sometimes critici ed as b ing unfair to the units But this is an erroneou conception for the basic feature of a federation is the distribution of authority betwe n the Centre and the units In the Indian Constitution except in emergencies this

·alt
D
RAJENDRA PRASAD P dt of th C
A mbly & gtb C

·No text on this page.

·character will remain unimpaired and not even courts can alt r it fundamentally Nor can Parliament change it permanently Moreover the ovr riding pow is of the Centre are not meant to be a normal feature of the Constitution They are xpressly confined to emer gencies They corr spond to th heavy responsibilities of the Centre Nonetheless th Const tution soils a mechanism However good a Constititution may be obser ed Dr Ambedkar t is sure to turn out bad because those who are called to work it happen to be a bad lot The success of a Constitution d pends upon national character th spirit in which it is op r ted and the goodwill of the people work ing it But the ultimate form and character of our Government will also rest on our laws pr n ple con ntions and precedents more than anything else on the sense of fairplay justice and equity displayed by political parti s and t! activa and willing co operatio 1 of the people The Constitution often de cribed as the Charter of Indian Independence But no constitution by itself can become the citad 1 of a nations indep ndence If che p ti s place creed above country remarks Dr Ambedkar our Independence will be put in jeopardy a econd time and probably lost fo ever This eventuality w resolutely guard against We must b determ ned to defend our Independence with the last drop of ou blood must 59

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·APPENDICES I Names of States as ment oned in the First Schedule 1 PART A A sam 2 Bihar 3 Bombay 4 Madhya Pradesh 5 Madras 6 7 8 Orissa The Punjab Uttar Pradesh West Bengal 9 PART B 1 Hyderabad 2 Jammu and Kashmir 3 Madhya Bharat 4 Mysore 5 Patiala and East Punjab States Union 6 Rajasthan 7 Saurashtra 8 Travancore Cochin 9 Vindhya Pradesh PART C 1 Ajmer 2 Bhopal 3 Bilaspur 4 Coorg 5 Delhi 6 Himachal Pradesh 7 kutch 8 Manipur 9 Tripura 10 Cooch Behar COB wms d in West Be 81 61 ·II PUBLIC SERVICES IN INDIA ALL INDIA SERVICES Without depriving the States of their right to form their own public services the Constitution provides for a few all India services recruited on an all India basis and members of these services will be appointed to important posts in the Union The Indian Administra tive Service and the Indian Police S rvice are examples But similar services can be created by the decision of the Council of States supported by two thirds of the members present and voting of such a step is considered necessary in national interest RULES AND REGULATIONS Subject to its provisions the Constitution scsts authority in the respective legislatures to regulate by law the recruitment and the conditions of service of persons appointed to the public services Till such laws are enacted the respective heads of governments or persons so directed by them are permitted to make the necessary regulations TENURE OF OFFICE All public servants in India whether provincial or central will hold office during the pleasure of the respective heads of their governments Contract jobs however are an exception to this rule compensation can be paid to such persons if they are required to vacate their posts either because such posts are abolished or for any reason other than misconduct In matters of dismissal or retrenchment the Constitution provides two fold safeguards to incumbents viz (1) that no public servant will be dismissed or removed by an authority subordinate to that by which he was appointed (2) that no dismissal or reduction will be effected until he ·has been given ir asonabl opportunity of defence against the action proposed to b tk n in regard to him But these safeguards ar d m d in th follow ng cases (a) where dismissal or duction tak s place as a result of the conviction of a public s ryant on a criminal charge (b) where an authority empow red to dismiss or remove a person or reduc bim in rank is satisfied that for some reason to be record d by that authority in writing it is not reasonably practicabl to give that person an op portunity of stating his case (c) where the head of the Gov rnment concerned is satisfied that in the interest of the security of the State it is not expedient to give such an opportunity to that person GUARANTEE OF CERTAIN PRIVILEGES TO SECRETARY OF STATES SERVICES There is special provision in the Constitution which assures continuance of certain constitutional guarantees given to members of the former Secretary of State s Services This provis on covering the members of the Indian Civil Service Indian Medical Service Indian Police Service etc guarantees them as far as changed circumstances permit the old conditions of service including remunera tion leave pension etc which existed before the inauguration of the Constitution This assurance is gven in conformity to the pledge given by the leaders of the nation at the time of the transfer of power to the Indian Union III OFFICIAL LANGUAGE OF THE UNION Article 343 (1) The official language of tl e Un on shall be Hindi in Devanagari scr pt The form of numerals to b u ed for the off cial purposes of the Union shall be the nternational form of Ind an numerals ·(2) Notwithstanding anything in clause (1) for a period of fifteen years from the commencement of this Constitution the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commence ment Provided that the President may during the said period by order authorize the use of the Hindi language in addition to the English language and of the Devanagan form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union (3) Notwithstanding anything in this article Parliament may by law provide for the use after the said period of fifteen years of (a) the English language or (6) the Devanagarı form of numerals for such purposes as may be specified in the law Directue for the Development of the Hindi Language 351 It shall be the duty of the Union to promote the spread of the Hindi language to develop it so that may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius the form style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule and drawing wherever necessary or desirable for its vocabulary primarily on Sanskrit and secondarily on other languages IV IMPORTANT LANGUAGES OF INDIA 1 Assamese 2 Bengali 3 Gujarati 4 Hindi 5 Kannada 6 Kashmiri 7 Malayalam 8 Marathi 9 Oriya 10 Punjabi 11 Sanskrit 12 Tamil 13 Telugu 14 Urdu 64 ·BIBLIOGRAPHY 1 The Government of India Act 1935 [As adapted by the Indian (Provisional Constitution) Order 1917] 2 Documents Relating to the Statements bs HM Covernment on 6th December 1946 20ch February 1917 and 3rd June 1947 Constituent Assembly of India 1947 3 Indian Independence Act 1947 4 India s Charter of Freedom Constituent Assembly of India 1947 5 Reports of Committees (First Series) 1947 6 Reports of Committees (Second Series) 1948 Constituent 7 Reports of the Linguistic Provinces Commission Assembly of India 1918 8 North East Frontier (Assam) Tribal and Escluded Arcas Sub Committee Volume I (Report) Constituent Assembly of India 9 Excluded and Partially Exclud d Areas (other than Assam) Sub Committee Report Volume II (E dence) Part I Constituent Assembly 10 Constitutional Precedents (First S ries) of India 1946 11 Constitutional Precedents (Second Series) Constituent Assembly of India 1916 Constituent Assembly 12 Constitutional Precedents (Tl id Scrics) of India 1947 13 Minorities Sub Comm ttce Report 1949 14 Indian States Finances Enqu ry Committee Report 1919 65

·15 Statistical Hand Book No I Constituent Assembly of India
16
Statistical Hand Book No 2 Constituent Assembly of India
17
Debates of the Constituent Assembly
18 Report of the Drifting Committee February 21 1948
19 Report of the Drafting Committee November 3 1949
20 The Constitution of India
66

·COUNTRIES
POPULATION
FRANCE
UK
1111)
00
USA
(IIIIIII
AFRICA
Ο Ο
00
mn
IIIIIIIII
U.S.SR
OUR VOTERS
DIA
EACH FIGURE INDICATES TEN MILLION PEOPLC
67

·OUR VOTERS III 36 of the total population under the Act of 1919 Chi IIIIIIII 10 of the total population under the Act of 1935 o a o d al C a o o O O o al o 0 O o р 0 o o 11 IIIIIIIII 50% of the total population under the New Constitution EACH FIGURE INDICATES ONE PER CENT 68

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