A

REPORT
ON
“ESSENCE OF INDIAN CONSTITUTION”

SUBMITTED BY –

Sr. No. Name of Student Roll No.

01 Anupreet A. Waydande 31

UNDER THE GUIDANCE OF

Mr. [Link]

DEPARTMENT OF MECHANICAL ENGINEERING

SANJAY GHODAWAT INSTITUTE, ATIGRE
ACADEMIC YEAR: 2024-25
 Certificate
This is to certify that the reports work entitled

“ESSENC E OF INDIAN CONSTITUTION”

Has been successfully completed by

In fulfillment for the

Diploma in Mechanical Engineering

Maharashtra State Board of Technical Education

During the academic year 2024-25 under the guidance of

Mr. A. A. Futane Project Guide

H.O.D

Dr. V. V. Giri
Principal
 DEPARTMENT OF ELECTRICAL ENGINEERING

Program Code – ME-3-K

Course Name – Essence of Indian Constitution

Course Code – 313002

Project Title

“ ESSENCE OF INDIAN CONSTITUTION”

Sr. Roll Name of Student Enrollment Exam Micro Total
No. No. Project
No. Seat No. Marks

G I 6+4 = 10

1 31 Anupreet A. Waydande 23213440867 271076

[Link]
Course Faculty & Signature
 Program Name – Mechanical Engineering Program Code – ME-3-K

Course Name -Essence of Indian Constitution Course Code – 313002

Project Title - “Essence of Indian Constitution”

Course Outcomes (CO), Practical Outcomes (PRO’s) and Unit Outcomes (UOs)
Mapping

Cos PRO’s and UOs

PSO Mapping
[Link] SUBJECT [Link]

1. Partition Of Bharat & Pakistan 6

2. Making OF The Constitution 10

3. Preamble 12

4. Salient Features Of Indian Constitution 14

5. Various Sources Of Indian Constitution 20

6. Fundamental Rights 24

7. Fundamental Duties 27

8. Election Commission Of India 30

9. Parliament 33

10. Different Types Of Constitution 36

Unit 1-Partition Of Bharat & Pakistan
Why did partition happen?

Mahatma Gandhi and his volunteers marching to the sea face at Dandi on the morning of April 6th,
1930, when they broke the Salt Laws Credit: PA

The Indian sub-continent, described as the 'jewel in the Empire's crown' was under British colonial
rule for almost two hundred years (between 1858-1947).

Millions of Indian Muslims, Sikhs, and Hindus volunteered as part of allied war efforts during the
First World War.

But thirty years later, the Second World War saw British leaders declare war on behalf of the
subcontinent, which remained under imperial control.

This led to widespread protests and calls for independence. A 'Quit India' movement was launched and
led by Mahatma Gandhi in exchange for co-operation in the war effort.

It came as many people in India felt that they no longer wanted to be ruled by the British and wanted
to govern themselves.

For nearly three decades there had been a nationalist struggle in British India by those who wanted
independence from British rule.

There was also tension between Hindus and Muslims in India, which was leading to the idea that the
independent region should be divided into two states.

After it was announced that British rule would end, it was decided that the majority of the Hindu
population would remain in India, while the newly-created Pakistan would be home to mostly
Muslims.
In March 1947, Lord Mountbatten was appointed last Viceroy of India and oversaw its partition. He
then served as the first Governor-General of India until June 1948.

Where did the idea of 'Pakistan' come from and why?

The term 'Pakistan', meaning 'the land of the pure' was first coined in 1933 in a pamphlet by
Cambridge law student, Choudhry Rahmat Ali. He envisaged a separate homeland for Muslims in South
Asia.

He is considered one of the originators of Pakistan Movement, along with philosopher Muhammad
Iqbal who suggested the two-nation theory. But it wasn't until the 1940's that these ideas gained
traction.

Muhammad Ali Jinnah, the founder of Pakistan, is widely revered as 'Qaid e-Azam' or 'Father of the
Nation'

Muhammad Ali Jinnah was the founder of Pakistan, and was responsible for spearheading this
campaign. He is widely revered by Pakistani's as 'Qaid e-Azam' or 'The Father of the Nation'.

Initially, he sought the political union of Hindus and Muslims which led to him being described as
"the best ambassador of Hindu-Muslim unity". But by the 1940's a disillusioned Jinnah had come to
believe that Indian Muslims should have their own state to avoid becoming marginalized in the
independent India that would come into fruition once the British had left.
 Unit 2-Making OF The Constitution

Members of The Indian Constitution

It took several national experts to create the Indian Constitution. Following are some of the major
names associated with its formation –
 • Dr. Sachchiidananda Sinha, the chairman of the constituent assembly
• Jawaharlal Nehru, India’s first Prime Minister
• Dr. Sarvapalli Radhakrishnan, one of the oldest members of the assembly
• Dr. Rajendra Prasad, the elected President of the Assembly
• Sarojini Naidu, one of the few women members of the constituent assembly
• C. Rajagopalachari, Vallabhai Patel, Abul Kalam Azad, Shyama Prasad Mukherji, and Nalini
Ranjan
Ghosh were some other notable members of the constituent assembly who had a very
significant role in making the constitution

Philosophy of Indian Constitution

As every constitution should have its social, political, and economical set of principles, the Indian
constitution and them too. The following objectives were asked of the Indian constitution to
follow and implement –

1. According to the constitutional assembly and making of the constitution, India is an

independent sovereign republic.
2. There shall be no parts of India that would represent British India, and all the states must be
unified under one constitution.
3. And if territories are wishing to be independent of India, they shall be treated as autonomous
with their present boundaries.
4. The construction of India should be formed, represented, and implemented by its people
only.
5. The Indian constitution shall promise to serve justice in all social, political, economic, and
religious realms. Every religion, freedom of thought, faith, and action will be respected.
6. Every section of backward classes, tribes, and minorities shall be given a voice.
7. Integrity and sovereignty will be implemented and acknowledged
8. Indian constitution will work for its progress and shall participate in world peace

Objectives of the Indian Constitution

The Preamble of India after the constitutional assembly and making of the constitution was
successful, read out the four main and basic objectives of this Indian Constitution, it promised
to give citizens the following things –

1. JUSTICE – social, economic, and political

2. LIBERTY – of thought, faith, expression, and religion
3. EQUALITY – of status and opportunities
4. FRATERNITY – assuring every citizen’s dignity.
Unit 3-Preamble
Historical background -
The preamble is based on the Objectives Resolution, which was moved in the Constituent
Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted
by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950. B. R.
Ambedkar said about the preamble:
It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the principles of life
and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality
cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without
equality, liberty would produce the supremacy of the few over the many. Equality without liberty
would kill individual initiative. Without fraternity, liberty and equality could become a natural
course of things.
While the Constituent Assembly was debating the Preamble, there was an argument to rename
India the 'Union of Indian Socialistic Republics' as if India was to imitate the U.S.S.R. However, other
members were not convinced.
There was even argument as to whether to include the names of 'God' and 'Gandhi' in the Preamble.
The former was outvoted when 68 members voted against 'God'. H.V. Kamath desperately
commented, 'This, Sir, is a black day in our annals. God save India'. While the latter - the suggestion
to include Gandhi's name, was disapproved by Brajeshwar Prasad who felt that the 'rotten
constitution'- which was based on the American Supreme Court cases and Government of India Act
and thus not 'Gandhian' in nature, should not carry his name. Prasad said,
"I do not want that the name of Mahatma Gandhi should be incorporated in this Constitution,
because it is not a Gandhian Constitution .... If we had a Gandhian Constitution, I would have been
the first to offer my support. I do not want that the name of Mahatma Gandhi should be dragged in
the rotten Constitution."
The preamble page, along with other pages of the original Constitution of India, was designed and
decorated by the renowned painter Beohar Rammanohar Sinha of Jabalpur who was
at Shantiniketan with Acharya Nandalal Bose at that time. Nandalal Bose endorsed Sinha's artwork
without any alteration whatsoever. As such, the page bears Sinha's short
signature Ram in Devanagari lower-right corner. The calligraphy was done by Prem Behari Narain
Raizada.

The preamble is based on the Objectives Resolution, which was moved in

the Constituent Assembly by Jawaharlal Nehru on 13 December 1946
accepted on 22 January 1947 and adopted by the Constituent Assembly on
26 November 1949, coming into force on 26 January 1950. B. R.
Unit 4-Salient Features Of Indian
Constitution
What are the Salient Features of the Indian Constitution?
Before making the present Constitution, the framers examined the
Constitutions of various countries and the workings of the
Government of India Act of 1935. They liberally borrowed
appropriate provisions from the Constitutions of many countries of
the world. The following are the Salient Features of the Indian
Constitution.
What are the Salient Features of the Indian Constitution?
Before making the present Constitution, the framers examined the
Constitutions of various countries and the workings of the
Government of India Act of 1935. They liberally borrowed
appropriate provisions from the Constitutions of many countries of
the world. The following are the Salient Features of the Indian
Constitution.
What are the Salient Features of the Indian Constitution?
Before making the present Constitution, the framers examined the
Constitutions of various countries and the workings of the
Government of India Act of 1935. They liberally borrowed
appropriate provisions from the Constitutions of many countries of
the world. The following are the Salient Features of the Indian
Constitution.
 What are the Salient Features of the Indian Constitution?
Before making the present Constitution, the framers examined the Constitutions of
various countries and the workings of the Government of India Act of 1935. They
liberally borrowed appropriate provisions from the Constitutions of many countries
of the world. The following are the Salient Features of the Indian Constitution.

1. The Lengthiest Constitution in the World

Constitutions are classified into written, like the American Constitution, or unwritten,
like the British Constitution. The Constitution of India is the lengthiest of all
thewritten Constitutions of the world. It is a very comprehensive, elaborate, and
detailed [Link] Indian Constitution originally consisted of 395 articles divided
into 22 Parts and 9 Schedules. Presently, it consists of a Preamble, about 450 articles
divided into 24 Parts and 12 Schedules.

2. Parliamentary Form of Government

The Constitution of India has opted for the British Parliamentary system of
Government rather than American Presidential System of Government. The
Parliamentary system is based on the principle of co-operation and co-ordination

between the legislative and executive organs while the Presidential system is based on
the doctrine of separation of powers between the two organs.
3. Unique Blend of Rigidity and Flexibility
The Constitution of India is neither rigid nor flexible but a synthesis of both. A rigid
Constitution is one that requires a special procedure for its amendment, while a
flexible Constitution is one that can be amended in the same manner as ordinary
laws are made.

4. Fundamental Rights
Part III of the Indian Constitution guarantees six fundamental rights to all the citizens
—

(a) Right to Equality (Articles 14-18); (b) Right to Freedom (Articles 19-22); (c) Right
against Exploitation (Articles 23-24); (d) Right to Freedom of Religion (Articles 25-28);

(e) Cultural and Educational Rights (Articles 29-30); (f) Right to Constitutional Remedies

(Article 32).

The Fundamental Rights promote the idea of political democracy. They operate as
limitations on the tyranny of the executive and the arbitrary laws of the legislature.

5. Directive Principles of State Policy

The Directive Principles of State Policy contained in Part of the Constitution set out the
aims and objectives to be taken by the state in the governance of the country.

According to B.R. Ambedkar “the Directive Principle of State policy is a novel feature of
the Indian Constitution. They can be classified into three broad categories, Socialistic,
Gandhian and Liberal-intellectual.

6. Fundamental Duties
By the Forty-second Amendment Act, Part IVA has been added to the Constitution,
which enumerates certain fundamental duties of the citizens. Originally, ten duties
were enlisted in clause (a) to (j) of article 51A. Clause (k), which imposes a duty on
parents/wards, has been added by the Constitution (86th Amendment) Act, 2002.
7. A Federation with a Strong Centralizing Tendency
The term ‘federation’ has not been used in the Constitution. Article 1 describes that
India “is a Union of States,” which implies two things: Firstly – the Indian federation is
not the result of an agreement by the States, and Secondly – no State has the right to
secede from the federation. The Constitution of India establishes a federal system of
Government. It contains all the usual features of a federation, viz., two governments,
division of powers, written Constitution, Supremacy of the Constitution, rigidity of
Constitution, independent judiciary, and bicameralism.

8. Adult Suffrage
In India, every person, male or female, who has reached the age of 18 years is entitled
to vote in elections in Parliament or State Legislatures. Originally this age limit was 21
years, but after the 61st Amendment Act, 1988, it was reduced to 18 years.

9. Directive Principles of State Policy

The Directive Principles of State Policy contained in Part of the Constitution set out the
aims and objectives to be taken by the state in the governance of the country.

According to B.R. Ambedkar “the Directive Principle of State policy is a novel feature of
the Indian Constitution. They can be classified into three broad categories, Socialistic,
Gandhian and Liberal-intellectual.

10. Fundamental Duties

By the Forty-second Amendment Act, Part IVA has been added to the Constitution,
which enumerates certain fundamental duties of the citizens. Originally, ten duties
were enlisted in clause (a) to (j) of article 51A. Clause (k), which imposes a duty on
parents/wards, has been added by the Constitution (86th Amendment) Act, 2002.

11. A Federation with a Strong Centralizing Tendency

The term ‘federation’ has not been used in the Constitution. Article 1 describes that
India “is a Union of States,” which implies two things: Firstly – the Indian federation
is not the result of an agreement by the States, and Secondly – no State has the right
to secede from the federation. The Constitution of India establishes a federal system
of Government. It contains all the usual features of a federation, viz., two
governments, division of powers, written Constitution, Supremacy of the
Constitution, rigidity of Constitution, independent judiciary, and bicameralism.
12. Adult Suffrage
In India, every person, male or female, who has reached the age of 18 years is entitled
to vote in elections in Parliament or State Legislatures. Originally this age limit was 21
years, but after the 61st Amendment Act, 1988, it was reduced to 18 years.

13. An Independent Judiciary

Independence of the Judiciary is essential for impartial adjudication of disputes

between individuals, between Union and State, between Union/State and

individuals, between Union and States, or between States inter se. The Supreme
Court stands at the top of the country’s integrated judicial system. Below it, there are
High Courts at the State level. This single system of courts enforces both the Central
laws as well as the state laws.

The Supreme Court of India is a federal court, the highest court of appeal,
the guarantor of the fundamental rights of the citizens, and the guardian of
the Constitution

14. A Secular State

The Constitution of India stands for a secular State. Hence, it does not uphold any
particular religion as the official religion of the Indian State. The term ‘Secular’ was
added to the Preamble of the Indian Constitution by the 42nd Amendment Act, 1976.
Articles 25-28 of the Constitution give concrete shape to this concept of secularism.

15. Single Citizenship

In most of the federations, people have double citizenship, citizenship of the Union,
and citizenship of one of the several states that form the Union. Every citizen is a
citizen of India and enjoys the same rights of citizenship no matter in which State
he resides.

16. Separation of Powers

This doctrine was, for the first time, properly formulated by the famous Jurist

Montesquieu in his Escript Des Lois and exercised great influence on the French legal
system. The doctrine of separation of powers implies that the powers of the three
organs of the government, viz., Legislative, Executive, and Judiciary, should be kept
separate from each other.
Unit 5- Various Sources of Indian Constitution
Government of India Act, 1935
The Government of India Act, 1935 served as a significant source for the
Indian Constitution. It borrowed several provisions, including:
o Federal Structure: The Act provided the framework for a federal
system of government in India, which was adopted in the Indian
Constitution.
o Office of the Governor: The Act established the office of the Governor
in the provinces, which was incorporated into the Indian Constitution.
o Emergency Powers: Provisions related to emergency powers,
including the imposition of President's Rule in the states, were
derived from the Act.
o Judiciary: The Act laid down the foundation for the establishment of a
federal judiciary in India, which influenced the provisions related to
the judiciary in the Indian Constitution.
o Public Service Commissions: The Act introduced the concept of public
service commissions for the recruitment and appointment of civil
servants, which was adopted in the Indian Constitution.
o Administrative Details: Various administrative details, such as the
structure and functioning of government departments, were also
borrowed from the Act.

[Link] Countries Borrowed Features of Indian Constitution

1. Australia • Concurrent list

• Freedom of trade, commerce and
intercourse
• Joint-sitting of the two Houses of Parliament
2. Canada • Federation with a strong Centre
• Vesting of residuary powers in the Centre
• Appointment of state governors by the Centre
• Advisory jurisdiction of the Supreme Court

3. Ireland • Directive Principles of State Policy

• Nomination of members to Rajya Sabha
• Method of election of the president

4. Japan  Procedure Established by law

5. Soviet Union • Fundamental duties

(USSR) (now,
• Ideals of justice (social, economic and
Russia)
political) in the Preamble

6. UK • Parliamentary government
• Rule of Law
• Legislative procedure
• Single Citizenship

 Cabinet system
 Prerogative writs
 Parliamentary privileges
 Bicameralism

7. US  Fundamental rights
 Independence of judiciary
 Judicial review
  Impeachment of the president
 Removal of Supreme Court and High Court
judges
 Post of vice-president

8. Germany (Weimar)  Suspension of Fundamental Rights during

emergency

9. South Africa 
Procedure for amendment in the Indian
Constitution
 Election of members of Rajya Sabha

10. France  Republic

 Ideals of liberty, equality and fraternity in the
Preamble
 Unit 6-Fundamental Right

Fundamental Rights:

There are six fundamental rights guaranteed by the Indian Constitution. They are as
follows:
 1. Right to Equality

2. Right to freedom

3. Right against exploitation

4. Right to freedom of Religion

5. Cultural and Educational Rights

6. Right to constitutional Remedies

7. The fundamental rights of Indian constitution are given by articles 12 to 35 of

the constitution.

8. Article 12 defines the State and article 13 defines the laws inconsistent with or
in derogation of Fundamental Rights.
The six fundamental rights of Indian constitution are discussed in detail in the
subsequent sections.

• Right to Equality
The right to equality is given in the articles 14–18 of the Indian constitution. The articles under the
right to equality include the following:
Article 14: Equality before law
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Article 16: Equality of opportunity in matters of public employment.
Article 17: Abolition of Untouchability.
Article 18: Abolition of titles: This article aims to abolish titles such as Rai Bahadur, Raj Bahadur,
Maharaja, Taluqdar, Zamindar, etc., because using such titles does not give equal status for all.
• Right to freedom
The right to freedom is given in the articles 19–22 of the Indian constitution.
Article 19: Protection of certain rights regarding freedom of speech, etc.
Article 20: Protection in respect of conviction for offences.
Article 21: Protection of life and personal liberty.
Article 21-A: Right to Education
Article 22: Protection Against Arrest and Detention in certain cases

• Right against Exploitation

The right to freedom is given in the articles 23 and 24 of the Indian constitution. They are:
Article 23: Prohibition of traffic in human beings and forced labour:
Article 24: Prohibition of employment of children in factories, etc.:

• Right to freedom of Religion

The right to freedom is given in the articles 25 – 28 of the Indian constitution.
Article 25: Freedom of conscience and free profession, practice and propagation of religion
Article 26: Freedom to manage religious affairs
Article 27: Freedom as to the payment of taxes for promotion of any particular religion
Article 28: Freedom as to attendance at religious instruction or religious worship in certain
educational institutions.

• Cultural and Educational Rights

The right to freedom is given in the articles 29 and 30 of the Indian constitution.
Article 29: Protection of interests of minorities:
Article 30: Right of minorities to establish and administer educational institutions.

• Right to constitutional Remedies

The right to Constitutional Remedies gives the citizens the right to approach the Supreme Court or
the High Court to implement the fundamental rights. The Courts can issue orders to the government
to implement the rights. The right to constitutional remedies is given by articles 32-35 of the
constitution.
Article 32: According to this article, the Courts can grant 5 types of writs namely, Habeas Corpus,
Mandamus, Quo Warranto, Prohibition and Certiorari. Each of this writ is explained below:

1. Habeas Corpus: This writ is to direct the release of a person detained unlawfully.

2. Quo Warranto – to direct a person to vacate an office assumed wrongfully.

3. Prohibition – to prohibit a lower court from proceeding on a case.

4. Certiorari – the power of the higher court to remove a proceeding from a lower court and
bring it before itself.
Article 33: This article gives powers to the Parliament to restrict or revoke (remove) the
fundamental rights of the ‘Members of the Armed Forces, paramilitary forces, police forces,
intelligence agencies and analogous forces
Article 34: According to this article, the fundamental rights can be restricted when martial law
(military rule) is implemented.
Article 35: This article provides authority to the Parliament to ma ke laws on Fundamental Rights.
 Unit 7-Fundamental Duties

Fundamental Duties:

These Fundamental Duties were mainly inspired by the body of the former Soviet Union. Total 11
essential duties in India. We should Abide by the Indian Constitution.
The following is a list of 11 fundamental duties –

1. Abide by the Constitution and respect national flag & National Anthem

2. Follow ideals of the freedom struggle

3. Protect sovereignty & integrity of India

4. Defend the country and render national services when called upon

5. Developing the spirit of common brotherhood

6. Preserve composite culture of the country

7. Preserve natural environment

8. Develop scientific temper and humanity

 9. Safeguard public property and avoid violence

10. Strive for excellence in all spheres of life.

11. Duty of all parents/guardians to send their children in the age group of 6-14 years to school.
The purpose behind the creation of Fundamental Duties is that every citizen should realize that the
first is to Defend the country and promote harmony of the nation; that is, the national interest
should be ahead of every action and goal.
Indian Fundamental Duties include abiding by the Indian Constitution, respecting our flag, keeping a
sense of respect for the national anthem and protecting public property.
In this constitution, through the 42nd Amendment Act 1976, the fundamental duties of citizens
were listed. Article 51 ‘A’ embodied in Part IV of the Constitution deals with Fundamental Duties. In
India, January 6 is celebrated as “Fundamental Duties Day”.

Enforcement of Fundamental Duties

• The Court cannot enforce fundamental Duty. Meaning is unenforceable.

• There is no mention of any law in the constitution for the direct enforcement of these duties
or the redressal of their violation.
• But if any law is made keeping in mind Article 14 and Article 19, it will be honorable.

Criticism of Fundamental Duties

• Some other essential subjects not included in this list like paying taxes, family planning and
voting etc.
• Many Fundamental Duties are not defined correctly. That’s why it is difficult to understand.
• There is no talk of enforcement of duties, which is the main criticism. Because for this reason
it has not been implemented well till now.
• Some experts believe that by including it in Part-4A, the value of Fundamental Duties gets
reduced following the policy directive principles.

Swaran Singh Committee:

This committee was highly important, and no discussion on fundamental duties can be considered
complete without referring to this one, irrespective of other provisions.
There was no mention of Fundamental Duties in the original Constitution of India. In 1976, the Indira
Gandhi government constituted a committee under the chairmanship of Sardar Swaran Singh.
• This committee recommended eight Fundamental Duties, but the government added ten
duties.
But three suggestions of these committees were not considered by the government.
 • Parliament should be given the power to make laws for the implementation of these duties
and to punish for the violation.
• Such a law will be valid even if it violates the fundamental right.
• The duty to pay taxes should also be a fundamental duty of the Indian people.

Conclusion:

By the 42nd Amendment Act, 1976, part 4 (a) and Article 51 (a) were added in which ten
fundamental duties were mentioned. Because the government was expecting that the citizens of
India would fulfil their duties, they included new ones like Defend the country and Promote
harmony voluntarily in independent India.
 Unit 8-Election Commission of India

Structure =

When formed in 1950, the Election Commission of India was a single member body with only the
Chief Election Commissioner. As per The Election Commissioner Amendment Act, 1989, the
 Commission was made a multi-member body with two additional election commissioners who
were appointed to the commission for the first time on 16 October 1989. On 1 January 1990, the
post of election commissioners were abolished again. The Election Commission was once again
made as a three member body on 1 October 1993. The commission is headquartered at Nirvachan
Sadan in New Delhi. The Election commission is headed by a Chief Election Commissioner and
consists of two other Election Commissioners. They are further assisted by Directors General,
Principal Secretaries, and Secretaries. The chief election commissioner does not have overruling
powers and any decision is taken by the opinion of the majority among the three.
At the states and union territories, the Election Commission is assisted by the Chief Electoral Officer
of the state or union territory (CEO), who leads the election machinery in the states and union
territories. At the district and constituency levels, the District Magistrates/District Collectors (in their
capacity as District Election Officers), Electoral Registration Officers and Returning Officers perform
election work.

Appointment and term of office =

The appointment and term of the election commissioner is prescribed in the Chief Election
Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of
Office) Act, 2023. As per the Section 7 of the act, an election commissioner is appointed by the
President of India on the recommendation of a selection committee headed by the Prime Minister of
India and consisting of the Leader of the Opposition in Lok Sabha and a member of the Union Council
of Ministers to be nominated by the Prime Minister. They were earlier appointed by the President on
the recommendation of the Prime Minister. In March 2023, the Supreme Court of India ruled that the
appointments shall be made by a committee consisting of the Prime Minister, leader of opposition
and the Chief Justice of India and the process would be in place until a new law is enacted with
regards to the same. The new law enacted in 2023, replaced the Chief Justice with a member
appointed by the Prime Minister in the selection committee.
The term of the CEC can be a maximum of six years from the date on which he/she assumes his
office. However, the CEC retires from office if he/she attains the age of sixty-five years before the
expiry of the term. While the CEC can only be removed by office through the process of
impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha to be present and
voting for the same, election commissioners can be removed by the President on the
recommendation of the CEC.

Powers and functions =

The Election Commission of India is a body constitutionally empowered to conduct free and fair
elections to the national, the State Legislative Assemblies, State Legislative Councils and the offices of
the President and Vice-President. The Election Commission operates under the powers granted by
Article 324 of the Constitution and subsequently enacted Representation of the People Act. The state
election commissions are responsible for conducting local body elections in the respective states. The
election commission decides the dates for the filing of nominations, voting, counting and
announcement of results.
It issues a Model Code of Conduct for political parties and candidates to ensure that the elections are
conducted in a free and fair manner. The Code of Conduct was issued for the first time in 1971 for the
5th Lok Sabha elections and has revised it from time to time. It lays down guidelines for the conduct
of political parties and candidates during an election period Instances of violation of the code by
various political parties and misuse of official machinery by the candidates are dealt according to the
law.
A law for the registration process for political parties was enacted in 1989. The registration ensures
that the political parties are recognized as national, state and regional parties. The election
commission has the right to allot symbols to the political parties depending on the status. The same
symbol cannot be allocated to two political parties even if they do not contest in the region.
The commission prepares electoral rolls and updates the voter list. To prevent electoral fraud,
Electors Photo Identity Cards (EPIC) were introduced in 1993. However certain legal documents
such as ration cards have been allowed for voting in certain situations.
The commission is empowered to prohibit the dissemination or publication of voting trends that seek
to influence voters by opinion polls or exit polls.
The Election Commission is responsible for scrutinizing and accepting the applications of the
candidates willing to contest in the elections. A person can be disqualified from contesting the
elections if incorrect or incomplete information is provided in the affidavits and if he/she has been
convicted by any court in India in which a jail term of two or more years has been awarded. In 2017,
the Election Commission supported the case for a lifetime ban on convicted felons from contesting
elections in an affidavit filed in the Supreme Court.
The Election Commission sets limits on poll related expenditure by the candidates during election
campaigns. The commission appoints officers of Indian Revenue Service from the Income Tax
Department as Election Observers. The commission takes details of the candidate's assignment in an
affidavit at the time of submitting the nomination paper, and they are also required to give details of
their expenditure within 30 days of the declaration of results.
The election commission operates various electronic media including websites and mobile
applications for enabling various functions such as addressing grievances, checking electoral rolls,
disseminating information on candidates, announcement of results and monitoring of assigned
tasks.
 Unit 9-Parliament
Old Parliament :

New Parliament :
The Parliament of India or Indian Parliament, (ISO: Bhāratīya Saṁsad) is the supreme legislative
body of the Republic of India. It is a bicameral legislature composed of the Rajya Sabha (Council of
States) and the Lok Sabha (House of the People). The President of India, in their role as head of the
legislature, has full powers to summon and prorogue either house of Parliament or to dissolve the
Lok Sabha, but they can exercise these powers only upon the advice of the Prime Minister and
their Union Council of Ministers.
Those elected or nominated (by the president) to either house of Parliament is referred to as
members of Parliament (MPs). The members of parliament of the Lok Sabha are directly elected by
the Indian public voting in single-member districts and the members of parliament of the Rajya
Sabha are elected by the members of all state legislative assemblies by proportional representation.
The Parliament has a sanctioned strength of 552 in the Lok Sabha and 250 in the Rajya Sabha
including 12 nominees from the expertise of different fields of literature, art, science, and social
service. The Parliament meets at Sansad Bhavan in New Delhi. The Parliament of India represents
the largest democratic electorate in the world (the second being the European Parliament), with an
electorate of 912 million eligible voters in 2019. On 28 May 2023, the Prime Minister of India,
Narendra Modi, unveiled and inaugurated the New Parliament Building, located adjacent to the
previous one.
History :
During British rule, the legislative branch of India was the Imperial Legislative Council, which was
created in 1861 via the Indian Councils Act of 1861 and disbanded in 1947, when India gained
independence. Following independence, the Constituent Assembly of India was elected to write the
Constitution of India. In 1950 after the constitution came into force, the Constituent Assembly of
India was disbanded, and succeeded by the Parliament of India, which is active to this day.

Old premises (Samvidhan Sadan)

The Old Parliament House (Samvidhan Sadan) is located in New Delhi. It was designed by Edwin
Lutyens and Herbert Baker, who were made responsible for the planning and construction of New
Delhi by the British government, as the home of the Central Legislative Assembly, the Council of
State, and the Chamber of Princes. The construction of the building took six years, and the opening
ceremony was performed on 18 January 1927 by the viceroy and governor-general of India, Lord
Irwin. The construction cost for the building was ₹8.3 million (US$99,000).
The building is 21 metres (70 ft) tall, 170 metres (560 ft) in diameter and covers an area of 2.29
hectares (5.66 acres). The Central Hall consists of the chambers of the Lok Sabha, the Rajya Sabha,
and the library hall. Surrounding these three chambers is the four-storied circular structure providing
accommodations for members and houses parliamentary committees, offices and the Ministry of
Parliamentary Affairs. The center and the focus of the building is the Central Hall. It consists of
chambers of the Lok Sabha, the Rajya Sabha, and the Library Hall, and between them lie garden
courts. Surrounding these three chambers is the four-storied circular structure providing office
spaces for ministers, chairmen, parliamentary committees, party offices, important offices of the Lok
Sabha and Rajya Sabha Secretariat, and also the offices of the Ministry of Parliamentary Affairs. The
Central Hall is circular in shape and the dome is 30 metres (98 ft) in diameter.
It is a place of historical importance. The Indian Constitution was framed in the Central Hall. The
Central Hall was originally used in the library of the erstwhile Central Legislative Assembly and the
Council of States. In 1946, it was converted and refurbished into the Constituent Assembly Hall.
New premises (Sansad Bhavan)
A new parliament building was inaugurated on 28 May 2023. The old building, an 85-year-old
structure suffers from inadequacy of space to house members and their staff and is thought to suffer
from structural issues. The building also needs to be protected because of its heritage tag. The new
building, with a built-up area of approximately 65,000 sq. m and a distinctive triangular shape,
optimally utilizes space. It houses an expanded Lok Sabha Hall, accommodating up to 888 seats, and
a larger Rajya Sabha hall, accommodating up to 384 seats, with the Lok Sabha capable of
accommodating up to 1,272 seats for joint sessions of Parliament. The Lok Sabha Hall draws
inspiration from India's national bird, incorporating a peacock theme, while the Rajya Sabha hall is
designed with a lotus theme, reflecting India's national flower. Additionally, a state-of-the-art
Constitutional Hall symbolically and physically places Indian citizens at the heart of democracy. Prime
Minister Narendra Modi laid the foundations for the new Parliament building on 10 December
2020. With an estimated cost of 9.71 billion, the new building was inaugurated in 2023. The
first session in the New Parliament took place on 19 September 2023.
 Unit 10-Different Types Of Constitution

Historical Insights:

The concept of constitutionalism has a rich history spanning millennia, originating in ancient
civilizations that established rudimentary legal codes to govern societal affairs. However, the modern
understanding of constitutions emerged during the Enlightenment era, characterized by a resurgence
of philosophical thought and political change. Enlightenment figures such as John Locke,
Montesquieu, and Jean-Jacques Rousseau laid the groundwork for modern constitutionalism by
advocating for principles like popular sovereignty, the separation of powers, and individual rights. The
American Revolution (1775-1783) and the subsequent drafting of the United States Constitution
represented a pivotal moment in constitutional development. Inspired by Enlightenment ideals, the
framers of the U.S. Constitution crafted a document that established a federal system of governance,
delineated powers between the federal and state levels, and safeguarded fundamental rights. The
Constitution's enduring significance lies in its adaptability and resilience, evident through the
amendment process and judicial interpretation that have shaped its interpretation over time.
Similarly, the French Revolution (1789-1799) led to the adoption of the French Constitution of 1791,
reflecting aspirations for liberty, equality, and fraternity. Despite the descent into chaos and
authoritarianism, the French Revolution's constitutional legacy laid the groundwork for subsequent
democratic movements and constitutional developments globally. Across the 19th and 20th
centuries, waves of democratization and decolonization facilitated the spread of constitutionalism
worldwide. From the Magna Carta in medieval England to the Universal Declaration of Human Rights
following World War II, constitutional development has been marked by struggles for freedom,
equality, and justice. In summary, the historical evolution of constitutionalism mirrors humanity's
continual pursuit of governance systems that uphold the rule of law, safeguard individual rights, and
advance the common good. By examining the historical origins of constitutionalism, we gain valuable
insights into the enduring principles and challenges of democratic governance.

Types of Constitutions:

1. Written Constitutions:
Written constitutions are characterized by their codified form in a single document, serving as
comprehensive frameworks for governance. Examples of written constitutions include the United
States Constitution, the German Basic Law, and the Indian Constitution. These documents articulate
the fundamental principles, structures, and processes of government, providing clarity, specificity,
and permanence to the legal and political landscape. One of the primary advantages of written
constitutions lies in their explicitness and clarity. By enshrining principles and rules in a tangible
document, written constitutions establish a foundation for governance that is transparent and
accessible to all citizens. This clarity helps to prevent ambiguity and dispute over the interpretation
of fundamental laws, ensuring stability and predictability in the functioning of
government. Moreover, written constitutions often embody a social contract between the state and
its citizens, delineating the rights, duties, and responsibilities of each party. These constitutions serve
as bulwarks against governmental overreach and tyranny, as they establish limits on the exercise of
power and provide mechanisms for the protection of individual rights. For example, the Bill of Rights
in the United States Constitution guarantees freedoms of speech, religion, and assembly, among
others, and imposes constraints on government actions.
Additionally, written constitutions typically include provisions for their own amendment
and
interpretation. This flexibility allows societies to adapt to changing circumstances and
values while maintaining the integrity of the constitutional framework. The
amendment process, often requiring
supermajorities or popular consent, ensures that changes to the constitution reflect
broad consensus and legitimacy. In conclusion, written constitutions play a crucial role
in modern governance by providing clear, comprehensive, and enduring frameworks for
government. Through them
explicitness, enforceability, and adaptability, written constitutions uphold the rule of law,
protect individual rights, and promote stability and democracy within societies.

2. Unwritten Constitutions:

Unwritten constitutions, unlike their written counterparts, evolve over time

through a combination of historical precedent, legal conventions, and judicial decisions.
Nations like the United Kingdom, New Zealand, and Israel operate under unwritten
constitutional systems, where constitutional principles are dispersed across various
statutes, common law traditions, and institutional practices. The primary characteristic
of unwritten constitutions is their flexibility and adaptability. Rather than being codified
in a single document, constitutional norms and practices emerge organically from
historical
developments and societal customs. This flexibility allows unwritten constitutions to
evolve gradually in response to changing circumstances and values, without the
need for formal amendment
processes. For example, in the United Kingdom, constitutional conventions such as the
principle of parliamentary sovereignty and the role of the monarchy have developed
over centuries through custom and practice rather than explicit legal provisions.
However, the lack of codification in unwritten constitutions can also pose challenges.
Without a single document to serve as a reference point, constitutional norms may be
subject to interpretation and dispute. Additionally, unwritten constitutions may lack
specificity and clarity in certain areas, leading to ambiguity and uncertainty in legal and
political affairs. Despite these challenges, unwritten constitutions offer certain
advantages. They provide a dynamic framework that can adapt to changing societal
norms and values, ensuring that governance structures remain relevant and responsive
to the needs of the people. Unwritten constitutions also foster a sense of continuity
and tradition, reflecting the historical evolution of legal and political institutions over
time. In conclusion, unwritten constitutions represent a unique approach to
governance, characterized by flexibility, adaptability, and historical continuity. While
they may lack the codified clarity of written constitutions, unwritten constitutional
 systems offer a dynamic framework that can accommodate diverse societal values and
preferences.

CONCLUSION
The essence of a constitution lies in its role as the foundational legal framework
that outlines the structure, powers, and limitations of government while
safeguarding individual rights and liberties. It establishes the principles of
democracy, rule of law, and justice, ensuring that authority is derived from the
will of the people. A constitution also serves to unify a nation, providing a
common identity and guiding the interactions among its citizens and
institutions. Ultimately, it is a living document that adapts to societal changes,
reflecting the values and aspirations of the populace while promoting stability
and accountability within governance.
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