UNIT 5 Constitutional Development : Indian Constitution Overview.

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1. Unit 6: Indian Constitution Subject: Constitutional Development

2. Framework of the Constitution - Constituent Assembly Formed in 1946 under the Cabinet Mission Plan. Initially 389 members; reduced to 299 after Partition. Chairman: Dr. Rajendra Prasad. Drafting Committee Head: Dr. B.R. Ambedkar. Took 2 years, 11 months, 18 days to draft. Adopted on 26 Nov 1949, effective from 26 Jan 1950.

3. Salient Features of the Constitution Written and Lengthy Constitution. Federal Structure with Unitary Bias. Parliamentary Form of Government. Fundamental Rights (Art. 12–35). Directive Principles of State Policy (DPSPs). Secularism: Equal respect for all religions.

4. Salient Features of the Constitution Independent Judiciary with judicial review. Universal Adult Franchise (18+). Single Citizenship. Amendability (Art. 368). Emergency Provisions. Preamble: Sovereign, Socialist, Secular, Democratic Republic.

5. Judicial Review Power to examine constitutionality of laws and orders. Derived from US; not explicitly in Constitution. Articles: 13, 32, 226, 245-246. Types: Legislative & Administrative Review. Cases: Kesavananda Bharati (1973), Minerva Mills (1980). Ensures constitutional supremacy and prevents abuse.

6. Prerogative Writs in India Issued under Art. 32 (SC) & 226 (HCs). Habeas Corpus – Release from unlawful detention. Mandamus – Command to perform duty. Prohibition – Stop lower court from overstepping. Certiorari – Quash order of lower court/tribunal. Quo-Warranto – Challenge authority of public office holder.