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2. It included a new Directive Principle of State Policy on

promotion of co-operative societies (Article 43-B).

3. It added a new Part IX-B in the Constitution which is entitled

as “The Co-operative Societies” (Articles 243-ZH to 243-ZT).

The new Part IX-B contains various provisions to ensure that

the co-operative societies in the country function in a democratic,

professional, autonomous and economically sound manner. It

empowers the Parliament in respect of multi-state cooperative

societies and the state legislatures in respect of other co-operative

CRITICISM OF THE CONSTITUTION

The Constitution of India, as framed and adopted by the

Constituent Assembly of India, has been criticized on the following

grounds:

1. A Borrowed Constitution

The critics opined that the Indian Constitution contains nothing

new and original. They described it as a ‘borrowed Constitution’ or

a ‘bag of borrowings’ or a ‘hotch-potch Constitution’ or a

‘patchwork’ of several documents of the world constitutions.

However, this criticism is unfair and illogical. This is because, the

framers of the Constitution made necessary modifications in the

features borrowed from other constitutions for their suitability to

the Indian conditions, at the same time avoiding their faults.

While answering the above criticism in the Constituent

Assembly, Dr. B.R. Ambedkar, the Chairman of the Drafting

Committee, said : “One likes to ask whether there can be anything

new in a Constitution framed at this hour in the history of the

world. More than hundred years have rolled over when the first

written Constitution was drafted. It has been followed by many

countries reducing their constitutions to writing. What the scope of

a Constitution should be has long been settled. Similarly, what are

the fundamentals of a Constitution are recognized all over the

world. Given these facts, all Constitutions in their main provisions

must look similar. The only new things, if there can be any, in a

Constitution framed so late in the day are the variations made to

remove the faults and to accommodate it to the needs of the

country. The charge of producing a blind copy of the Constitutions

of other countries is based, I am sure, on an inadequate study of

the Constitution”.19

2. A Carbon Copy of the 1935 Act

The critics said that the framers of the Constitution have included

a large number of the provisions of the Government of India Act of

1935 into the Constitution of India. Hence, they called the

that the Indian Constitution is “both in language and substance a

close copy of the Act of 1935”. Similarly, Sir Ivor Jennings, a

British Constitutionalist, said that “the Constitution derives directly

from the Government of India Act of 1935 from which, in fact,

many of its provisions are copied almost textually”.

Further, P.R. Deshmukh, a member of the Constituent

Assembly, commented that “the Constitution is essentially the

Government of India Act of 1935 with only adult franchise added”.

The same Dr. B.R. Ambedkar answered the above criticism in

the Constituent Assembly in the following way : “As to the

accusation that the Draft Constitution has reproduced a good part

of the provisions of the Government of India Act, 1935, I make no

apologies. There is nothing to be ashamed of in borrowing. It

involves no plagiarism. Nobody holds any patent rights in the

fundamental ideas of a Constitution. What I am sorry about is that

the provisions taken from the Government of India Act, 1935,

relate mostly to the details of administration”.20

3. Un-Indian or Anti-Indian

According to the critics, the Indian Constitution is ‘un-Indian’ or

‘anti-Indian’ because it does not reflect the political traditions and

the spirit of India. They said that the foreign nature of the

Constitution makes it unsuitable to the Indian situation or

unworkable in India. In this context, K. Hanumanthaiya, a member

of the Constituent Assembly, commented : “We wanted the music

of Veena or Sitar, but here we have the music of an English band.

That was because our Constitution-makers were educated that

way”.21 Similarly, Lokanath Misra, another member of the

Constituent Assembly, criticized the Constitution as a “slavish

imitation of the west, much more - a slavish surrender to the

west”.22 Further, Lakshminarayan Sahu, also a member of the

Constituent Assembly, observed: “The ideals on which this draft

Constitution is framed have no manifest relation to the

fundamental spirit of India. This Constitution would not prove

suitable and would break down soon after being brought into

operation”.23

4. An Un-Gandhian Constitution

According to the critics, the Indian Constitution is un-Gandhian

because it does not contain the philosophy and ideals of Mahatma

Gandhi, the father of the Indian Nation. They opined that the

Constitution should have been raised and built upon village

panchayats and district panchayats. In this context, the same

member of the Constituent Assembly, K. Hanumanthaiya, said:

“That is exactly the kind of Constitution Mahatma Gandhi did not

want and did not envisage”.24 T. Prakasam, another member of

the Constituent Assembly, attributed this lapse to Ambedkar’s

non-participation in the Gandhian movement and the antagonism

towards the Gandhian ideas.25

5. Elephantine Size

The critics stated that the Indian Constitution is too bulky and too

detailed and contains some unnecessary elements. Sir Ivor

Jennings, a British Constitutionalist, observed that the provisions

borrowed were not always well-selected and that the constitution,

generally speaking, was too long and complicated.26

In this context, H.V. Kamath, a member of the Constituent

Assembly, commented : “The emblem and the crest that we have

selected for our assembly is an elephant. It is perhaps in

consonance with that our constitution too is the bulkiest that the

world has produced”.27 He also said: “I am sure, the House does

not agree that we should make the Constitution an elephantine

one”.28

6. Paradise of the Lawyers

According to the critics, the Indian Constitution is too legalistic and

very complicated. They opined that the legal language and

phraseology adopted in the constitution makes it a complex

document. The same Sir Ivor Jennings called it a “lawyer’s

paradise”.

In this context, H.K. Maheswari, a member of the Constituent

Assembly, observed : “The draft tends to make people more

litigious, more inclined to go to law courts, less truthful and less

likely to follow the methods of truth and non-violence. If I may say

so, the draft is really a lawyer’s paradise. It opens up vast

avenues of litigation and will give our able and ingenious lawyers

Similarly, P.R. Deshmukh, another member of the Constituent

Assembly, said : “I should, however, like to say that the draft of the

articles that have been brought before the House by Dr.

Ambedkar seems to my mind to be far too ponderous like the

ponderous tomes of a law manual. A document dealing with a

constitution hardly uses so much of padding and so much of

verbiage. Perhaps it is difficult for them to compose a document

which should be, to my mind, not a law manual but a socio-

political document, a vibrating, pulsating and life-giving document.

But, to our misfortune, that was not to be, and we have been

burdened with so much of words, words and words which could

have been very easily eliminated.”30

Table 3.1 The Constitution of India at a Glance

Parts Subject Matter Articles

Covered

I The Union and its territory 1 to 4

II Citizenship 5 to 11

III Fundamental Rights 12 to 35

IV Directive Principles of State Policy 36 to 51

IV-A Fundamental Duties 51-A

V The Union Government 52 to 151

Chapter I - The Executive 52 to 78

Chapter II - Parliament 79 to 122

Chapter III - Legislative Powers of 123

President

Chapter IV - The Union Judiciary 124 to 147

Chapter V - Comptroller and Auditor- 148 to 151

General of India

VI The State Governments 152 to 237

Chapter I - General 152

Chapter III - The State Legislature 168 to 212

Chapter IV - Legislative Powers of 213

Governor

Chapter V - The High Courts 214 to 232

Chapter VI - Subordinate Courts 233 to 237

VII The States in Part B of the First Schedule 238

(deleted) (deleted)

VIII The Union Territories 239 to 242

IX The Panchayats 243 to 243–

0

IX-A The Municipalities 243-P to

243-ZG

IX-B The Co-operative Societies 243-ZH to

243-ZT

X The Scheduled and Tribal Areas 244 to 244-

A

XI Relations between the Union and the 245 to 263

States

Chapter I - Legislative Relations 245 to 255

Chapter II - Administrative Relations 256 to 263

XII Finance, Property, Contracts and Suits 264 to 300-

A

Chapter I - Finance 264 to 291

Chapter II - Borrowing 292 to 293

Chapter III - Property, Contracts, Rights, 294 to 300

Liabilities, Obligations and Suits

Chapter IV - Right to Property 300-A

XIII Trade, Commerce and Intercourse within 301 to 307

the Territory of India

XIV Services under the Union and the States 308 to 323

Chapter II - Public Service Commissions 315 to 323

XIV-A Tribunals 323-A to

323-B

XV Elections 324 to 329-

A

XVI Special Provisions relating to Certain 330 to 342-

Classes A

XVII Official Language 343 to 351-

A

Chapter I - Language of the Union 343 to 344

Chapter II - Regional Languages 345 to 347

Chapter III–Language of the Supreme 348 to 349

Court, High Courts, and so on

Chapter IV–Special Directives 350 to 351

XVIII Emergency Provisions 352 to 360

XIX Miscellaneous 361 to 367

XX Amendment of the Constitution 368

XXI Temporary, Transitional and Special 369 to 392

Provisions

XXII Short title, Commencement, Authoritative 393 to 395

Text in Hindi and Repeals

Note: Part VII (dealing with Part-B states) was deleted by the 7th

Amendment Act (1956). On the other hand, both Part IV-A and

Part XIV-A were added by the 42nd Amendment Act (1976), while

Part IX-A was added by the 74th Amendment Act (1992), and Part

IX-B was added by the 97th Amendment Act (2011).

Table 3.2 Important Articles of the Constitution at a Glance

Articles Deals with

1 Name and territory of the Union

3 Formation of new states and alteration of areas,

13 Laws inconsistent with or in derogation of the

fundamental rights

14 Equality before law

16 Equality of opportunity in matters of public

employment

17 Abolition of untouchability

19 Protection of certain rights regarding freedom of

speech, etc.

21 Protection of life and personal liberty

21A Right to elementary education

25 Freedom of conscience and free profession,

practice and propagation of religion

30 Right of minorities to establish and administer

educational institutions

31C Saving of laws giving effect to certain directive

principles

32 Remedies for enforcement of fundamental rights

including writs

38 State to secure a social order for the promotion of

welfare of the people

40 Organisation of village panchayats

44 Uniform civil code for the citizens

45 Provision for early childhood care and education

to children below the age of 6 years.

46 Promotion of educational and economic interests

of scheduled castes, scheduled tribes and other

weaker sections

50 Separation of judiciary from executive

51 Promotion of international peace and security

51A Fundamental duties

cases

74 Council of ministers to aid and advise the

president

78 Duties of prime minister as respects the furnishing

of information to the president, etc.

110 Definition of Money Bills

112 Annual financial statement (Budget)

123 Power of president to promulgate ordinances

during recess of Parliament

143 Power of president to consult Supreme Court

155 Appointment of governor

161 Power of governor to grant pardons, etc., and to

suspend, remit or commute sentences in certain

cases

163 Council of ministers to aid and advise the

governor

167 Duties of chief minister with regard to the

furnishing of information to governor, etc.

169 Abolition or creation of legislative councils in

states

200 Assent to bills by governor (including reservation

for President)

213 Power of governor to promulgate ordinances

during recess of the state legislature

226 Power of high courts to issue certain writs

239AA Special provisions with respect to Delhi

249 Power of Parliament to legislate with respect to a

matter in the State List in the national interest

262 Adjudication of disputes relating to waters of inter-

state rivers or river valleys

275 Grants from the Union to certain states

280 Finance Commission

300 Suits and proceedings

300A Persons not to be deprived of property save by

authority of law (Right to property)

311 Dismissal, removal or reduction in rank of persons

employed in civil capacities under the Union or a

state.

312 All-India Services

315 Public service commissions for the Union and for

the states

320 Functions of Public service commissions

323-A Administrative tribunals

324 Superintendence, direction and control of

elections to be vested in an Election Commission

330 Reservation of seats for scheduled castes and

scheduled tribes in the House of the People

335 Claims of scheduled castes and scheduled tribes

to services and posts

352 Proclamation of Emergency (National Emergency)

356 Provisions in case of failure of constitutional

machinery in states (President’s Rule)

360 Provisions as to financial emergency.

365 Effect of failure to comply with, or to give effect to,

directions given by the Union (President’s Rule)

368 Power of Parliament to amend the Constitution

and procedure therefor

370 Temporary provisions with respect to the state of

Jammu and Kashmir31

Table 3.3 Schedules of the Constitution at a Glance

Covered

First 1. Names of the States and their 1 and 4

Schedule territorial jurisdiction.

2. Names of the Union Territories

and their extent.

Second Provisions relating to the 59, 65, 75, 97,