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    Constitution of India

    The Constitution of India is the constitution of the Republic of India. It was passed by the Indian flagConstituent Assembly on November 26, 1949, and came into effect on January 26, 1950. India celebrates January 26 each year as Republic Day.

    The document is one of the world's lengthiest written constitutions, with its 395 articles and 12 schedules totalling some 117,369 words in its English language version.


    The ortance of the Constitution

    • It lays down the basic structure of the government under which its people are to be governed. It establishes the main organs of the government - the executive, the legislature and the judiciary.
    • The Constitution not only defines the powers of each organ, it demarcates the responsibilities of each. It regulates the relationship between the different organs and between the government and the people.
    • A Constitution is superior to all the laws of the country. Every law enacted by the government has to be in conformity with the Constitution.
    • The Constitution lays down the national goals of India - Democracy, Socialism, Secularism and National Integration.
    • It spells out the rights and duties of the citizen. Indian Emblem

    History

    The Cabinet Mission

    World War II in Europe came to an end on May 9, 1945. In July, a new government came to power in England. The His Majesty's government announced its Indian Policy and decided to convene a constitution drafting body. The British government sent three of its cabinet ministers to find a solution to the question of India's independence. This team of ministers was called the cabinet mission.

    The cabinet mission discussed the framework of the constitution and laid down in some detail the procedure to be followed by the constitution drafting body. Elections for the 296 seats assigned to the British Indian provinces were completed by July-August 1946. With the independence of India on August 15, 1947, the Constituent Assembly became a fully sovereign body. The Assembly started working from December 9, 1947.

    The Constituent Assembly

    The people of India elected the members of the provincial assemblies who in turn elected the members of the Constituent Assembly.

    The Constituent Assembly had members belonging to different communities and regions of India. It also had members representing different political properties. Jawaharlal Nehru, Rajendra Prasad, Sardar Patel, Maulana Abul Kalam Azad and Shyama Prasad Mukherjee were some of the important leaders who guided the discussion in the Assembly. There were more than 30 members of the scheduled classes. The Anglo - Indian community was represented by Frank Anthony and the Parsis were represented by H.P. Modi. Constitutional experts like Alladi Krishna.htmlishnaswamy Aiyer, B.R. Ambedkar, B.N. Rau and K.M. Munshi were also members of the Assembly. Sarojini Naidu and Vijaylakshmi Pandit were important women members. Rajendra Prasad was elected president of the Constituen Assembly. B.R. Ambedkar was appointed the Chairman of the Drafting Committee.

    The Constituent Assembly met for 166 days spread over a period of 2 years, 11 months and 18 days. Their sessions were open to the press and the public.

    The underlying principles of the Constitution was spelled out by Jawaharlal Nehru in his Objectives Resolution :

    • India is an Independent, Sovereign, Republic;
    • India shall be a Union of erstwhile British Indian territories, Indian States, and other parts outside British Indian and States as are willing to be a part of the Union;
    • Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration, except those assigned to or vested in the Union;
    • All powers and authority of sovereign and independent India and its constitution shall flow from the people;
    • All people of India shall be guaranteed and secured social, economic and political justice; equality of status and opportunities before law; and fundamental freedoms - of talk, expression, belief, faith, worship, vocation, association and action - subject to law and public morality;
    • The minorities, backward and tribal areas, depressed and other backward classes, shall be provided adequate safeguards;
    • The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilized nations;
    • The land would make full and willing contribution to the promotion of world peace and welfare of mankind.

    Features

    The constitution of India draws extensively from Western legal traditions in its outline of the principles of liberal democracy. It is distinguished from many Western constitutions, however, in its elaboration of principles reflecting the aspirations to end the inequities of traditional social relations and enhance the social welfare of the population. According to constitutional scholar Granville Austin, probably no other nation's constitution "has provided so much impetus toward changing and rebuilding society for the common good." Since its enactment, the constitution has fostered a steady concentration of power in the central government--especially the Office of the Prime Minister. This centralization has occurred in the face of the increasing assertiveness of an array of ethnic and caste groups across Indian society. Increasingly, the government has responded to the resulting tensions by resorting to the formidable array of authoritarian powers provided by the constitution. Together with the public's perception of pervasive corruption among India's politicians, the state's centralization of authority and increasing resort to coercive power have eroded its legitimacy. However, a new assertiveness shown by the Supreme Court and the Election Commission suggests that the remaining checks and balances among the country's political institutions continue to support the resilience of Indian democracy. Also, regional parties are increasingly gaining popularity at the expense of national parties which has led to coalition governments at the centre. As a consequence, the power is getting more decentralised.

    The Constitution in its final form owes much to the indoctrination of different principles from various Constitutions as well the general structure of the democratic framework to B. N. Rau, a constitutional scholar of international standing. Supporters of independent India's founding father, Mohandas K. Gandhi, backed measures that would form a decentralized polity with strong local administration — known as panchayat — in a system known as Panchayati Raj, that is rule by Panchayats. However, the support of more modernist leaders, such as Jawaharlal Nehru, ultimately led to a parliamentary government and a federal system with a strong central government.

    Features of the Indian Constitution borrowed from other Constitutions

    British Constitution

    • Parliamentary form of government
    • Idea of single citizenship
    • Idea of Rule of law
    • Institution of Speaker and his role
    • Lawmaking procedure

    American Constitution

    • Charter of Fundamental Rights, which are similar to the United States Bill of Rights
    • Federal structure of government
    • Power of Judicial Review and independence of judiciary

    Irish Constitution

    • Directive principles of state policy

    French Constitution

    • Ideals of Liberty, Equality and Fraternity

    Canadian Constitution

    • The working of a Quasi - Federal form of government (a federal government, with a strong central government)
    • The idea of Residual Powers

    Australian Constitution

    • The idea of the Concurrent list

    Schedules

    Schedules can be added to the constitution by amendment. The twelve schedules in force cover the designations of the states and union territories; the emoluments for high-level officials; forms of oaths; allocation of the number of seats in the Rajya Sabha (Council of States--the upper house of Parliament) per state or territory; provisions for the administration and control of Scheduled Areas and Scheduled Tribes (tribes and areas needing special protection due to disadvantageous conditions); provisions for the administration of tribal areas in Assam; the union (meaning central government), state, and concurrent (dual) lists of responsibilities; the official languages; land and tenure reforms; the association of Sikkim with India; rural developmet; and urban planning.

    Constitutional review

    Methods of Amendment

    • By simple majority of the Parliament: Amendments in this category can be made by a simple majority of members present and voting, before sending it for the President's assent.
    • By special majority of the Parliament: Amendments can be made in this category by a two - third majority of the total number of members present and voting which should not be less than the majority of the total membership of the house.
    • By special majority of the Parliament and ratification of at least half of the state legislatures by special majority. After this, it is sent to the President for his assent.

    A review of the constitution is taken very seriously, and needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. The Indian constitution is also one of the most frequently amended constitutions in the world. The first amendment came only a year after the adoption of the constitution and instituted numerous minor changes. Many more amendments followed, a rate of almost two amendments per year since 1950. Many matters that would be dealt with by ordinary statutes in most democracies must be dealt with by constitutional amendment in India due to the document's extrordinary detail. Most of the constitution can be amended after a quorum of more than half of the members of each house in Parliament passes an amendment with a two-thirds majority vote. Articles pertaining to the distribution of legislative authority between the central and state governments must also be approved by 50 percent of the state legislatures.

    Preamble (full text)

    WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
    JUSTICE, social, economic and political;
    LIBERTY of thought, expression, belief, faith and worship;
    EQUALITY of status and of opportunity;
    and to promote among them all
    FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
    IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

    The premble is not a part of the Constitution of India as it is not enforceable in a court of law.

    An interesting side note concerns the word "SOCIALIST" in the preamble. The original drafting used the words "SOVEREIGN DEMOCRATIC REPUBLIC". The word "SOCIALIST" was introduced by the infamous 42nd amendment, which was pushed through by Indira Gandhi when she had dictatorial powers in 1976.

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