November 26 is celebrated as Constitution Day in India, while January 26 is celebrated as Republic Day. The Government of India Act of 1935 is considered the main source of inspiration for the Indian Constitution. The Indian Constitution is one of the longest written constitutions of any democratic country in the world.
Constituent Assembly
The Indian Constituent Assembly was elected in July 1946. Its first meeting was held in December 1946. Shortly after, the country was divided into two parts – India and Pakistan. The Constituent Assembly also split into two – the Indian Constituent Assembly and the Pakistani Constituent Assembly.
The assembly that drafted the Indian Constitution had 299 members, and Dr. Rajendra Prasad was its president. The Constituent Assembly completed its work on November 26, 1949, and the Constitution came into effect on January 26, 1950. In commemoration of this day, India celebrates Republic Day every year on January 26. The entire process of drafting the Indian Constitution took two years, eleven months, and 18 days.
Brief Introduction
The Indian Constitution currently has 470 articles, 12 schedules, and 25 parts. However, when it was being drafted, the original constitution had 395 articles, 22 parts, and only 8 schedules. The constitution provides for a parliamentary system of government with a federal structure, with some exceptions. The President is the constitutional head of the executive at the Union level. According to Article 79 of the Indian Constitution, the Parliament of India consists of the President and two Houses – the Rajya Sabha and the Lok Sabha. The President, as the head of state, acts on the advice of the Council of Ministers headed by the Prime Minister. Thus, the real executive power is vested in the Council of Ministers headed by the Prime Minister, who is currently Narendra Modi. The Council of Ministers is collectively responsible to the Lok Sabha. Every state has a Legislative Assembly. Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana also have a Legislative Council. Every state has a Governor, in whom the executive power of the state is vested. The Council of Ministers, headed by the Chief Minister, advises the Governor in the exercise of his executive functions. The State Council of Ministers is responsible to the State Legislative Assembly. The Seventh Schedule of the Constitution distributes legislative powers between the Parliament and the State Legislatures. It also specifies the powers of different levels of government to levy taxes and duties. Residual powers are vested in the Parliament.
Parts of the Indian Constitution
The Indian Constitution is divided into 22 parts and contains 395 articles and 12 schedules.
History
After World War II, in July 1945, Britain announced its new policy regarding India and sent a three-member Cabinet Mission to India to formulate a constitution. After India gained independence on August 15, 1947, the Constituent Assembly was formed and commenced its work on December 9, 1947. The members of the Constituent Assembly were elected by the members of the legislative assemblies of the Indian states. Jawaharlal Nehru, Dr. B.R. Ambedkar, Dr. Rajendra Prasad, Sardar Vallabhbhai Patel, and Maulana Abul Kalam Azad were among the prominent members of this assembly. The Constituent Assembly deliberated for a total of 114 days over a period of 2 years, 11 months, and 18 days. It held a total of 12 sessions, and on the final day, 284 members signed the Constitution. The drafting of the Constitution involved 166 days of meetings. The press and the public were allowed to attend these meetings. All 389 members of the Constituent Assembly played a significant role in drafting the Indian Constitution. The Indian Constitution was heavily influenced by the Government of India Act of 1935; approximately 250 articles were taken from that Act.
Structure of the Indian Constitution
The Indian Constitution currently comprises the following:
A preamble,
25 parts and 470 articles,
12 schedules,
5 appendices,
105 amendments.
(So far, 127 Constitution Amendment Bills have been introduced in Parliament, of which 105 have been passed and have become Constitution Amendment Acts. The 124th Constitution Amendment Bill, which provides for reservation for Economically Weaker Sections within the general category in educational institutions, was passed with special majority under Article 368 on January 9, 2019. On August 8, 2016, Parliament passed the 101st Constitution Amendment Act, which introduced the Goods and Services Tax (GST).)
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