The Constitution of India is the supreme law of India which was passed by the Constituent Assembly on 26 November 1949 and came into effect from 26 January 1950. This day (26 November) has been declared as the Constitution Day of India. While 26 January is celebrated as Republic Day in India. The basic foundation of the Constitution of India is considered to be the Government of India Act 1935. The Constitution of India is the longest written constitution of any republican country in the world.
constituent Assembly
Elections were held for the Indian Constituent Assembly in July 1946. The first meeting of the Constituent Assembly was held in December 1946. Soon after this, the country was divided into two parts - India and Pakistan . The Constituent Assembly was also divided into two parts - the Constituent Assembly of India and the Constituent Assembly of Pakistan.
There were 299 members in the assembly that wrote the Indian Constitution and Dr. Rajendra Prasad was its president. The Constituent Assembly completed its work on 26 November 1949 and the Constitution came into force on 26 January 1950. In memory of this day, India celebrates 26 January as Republic Day every year. It took 2 years, 17 months and 78 days to completely prepare the Indian Constitution.
Brief Introduction
The Indian Constitution at present has only 470 articles and 12 schedules and is divided into 25 parts. At the time of its creation, the original Constitution had 395 articles divided into 22 parts and only 8 schedules. The Constitution provides for a parliamentary form of government whose structure is federal except for some exceptions . The constitutional head of the central executive is the President . According to Article 79 of the Constitution of India, the Council of the Union Parliament consists of the President and two Houses headed by the Prime Minister of the States . The President will discharge his functions in accordance with the advice of this Council of Ministers. 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 House of the People (Lok Sabha). Every state has a Legislative Assembly . Uttar Pradesh , Bihar , Maharashtra , Karnataka , Andhra Pradesh and Telangana have an upper house called the Legislative Council . The Governor is the head of the state. Each state shall have a Governor and the executive power of the state shall be vested in him. The Council of Ministers, headed by the Chief Minister , advises the Governor in the discharge of his executive functions. The Council of Ministers of the State is answerable to the Legislative Assembly of the State.
The distribution of legislative powers between the Parliament and the state legislatures has been done in the Seventh Schedule of the Constitution. And the rights of the governments to levy duties and taxes are mentioned in this schedule. There are three lists under this. Union List, State List and Concurrent List. Residual powers are vested in the Parliament. Centrally administered territories are called Union Territories.
Parts of the Indian Constitution
The Indian Constitution is divided into 22 parts and it has 395 articles and 12 schedules.
History
After the end of the Second World War , in July 1945, Britain announced its new policy regarding India and sent a Cabinet Mission to India for the formation of the Constituent Assembly of India which had 3 ministers. After India became independent on 15 August 1947, the Constituent Assembly was announced and it started its work from 9 December 1947. The members of the Constituent Assembly were elected by the elected members of the assemblies of the states of India. Jawaharlal Nehru , Dr. Bhimrao Ambedkar , Dr. Rajendra Prasad , Sardar Vallabhbhai Patel , Maulana Abul Kalam Azad etc. were the prominent members of this assembly. This Constituent Assembly discussed for a total of 114 days in 2 years, 11 months and 18 days. A total of 12 sessions were held in the Constituent Assembly and on the last day 284 members signed it and 166 days of meetings were held to make the Constitution. Press and public had freedom to participate in its meetings. All 389 members of the Constituent Assembly played an important role in the making of the Constitution of India. The Constitution was passed by the Assembly on 26 November 1949 and it was implemented on 26 January 1950. The Government of India Act 1935 has the greatest influence in this Constitution. About 250 articles in it have been taken from this Act.
Structure of the Indian Constitution
The following are the parts of the Indian Constitution at present:
• a preamble ,
• 25 parts containing 470 articles
• 12 schedules,
• 5 appendixes
• 105 amendments.
(So far 127 Constitution Amendment Bills have been introduced in the Parliament, out of which 105 Constitution Amendment Bills have been passed and have taken the form of Constitution Amendment Act. The 124th Constitution Amendment Bill was passed in the Parliament on 9 January 2019 by a special majority on Article368 (Constitutional Amendment) , under which the economically weaker general category was given admission in educational institutions. On 8 August 201 6, the Parliament passed the Goods and Services Tax (GST) and made the 101 st Constitution Amendment.)
Schedules
There were originally eight schedules in the original Constitution of India but at present there are twelve schedules in the Indian Constitution . The Ninth Schedule was added to the Constitution by the First Constitutional Amendment 1951, the 10th Schedule by the 52nd Constitutional Amendment 1985, the 1 lth Schedule by the 73rd Constitutional Amendment 1992 and the 12th Schedule by the 74th Constitutional Amendment 1992.
First Schedule - (Articles 1 and 4)- Description of States and Union Territories.
Second Schedule - [Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221] - Salaries and allowances of principal officers.
• Part-A: Salaries and allowances of the President and Governors,
• Part-B: Salaries and allowances of the Speaker and Deputy Speaker of Lok Sabha and Legislative Assembly, Chairman and Deputy Chairman of Rajya Sabha and Legislative Council,
• Part-C: Salaries and allowances of the judges of the Supreme Court,
• Part-D : Salary and Allowances of the Comptroller and Auditor General of India.
Third Schedule- [Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219] - Contains the forms of oath and affirmation to be made by members of legislature, ministers, President, Vice-President, judges, etc.
Fourth Schedule - [Articles 4(1), 80(2)] - Allocation of seats in the Rajya Sabha from the States and Union Territories.
Fifth Schedule - [Article 244(1)] - Provisions relating to the administration and control of the Scheduled Areas and the Scheduled Tribes.
Sixth Schedule - [Articles 244(2), 275(1)] - Provisions for the administration of tribal areas in the States of Assam , Meghalaya , Tripura and Mizoram.
Seventh Schedule - [Article 246] - Deals with distribution of subjects- List-I Union List, List-2 State List, List-3 Concurrent List.
Eighth Schedule - [Articles 344(1), 351] - Languages - Mention of 22 languages.
Ninth Schedule - [Article 31 B] - Validation of certain Land Reforms Acts. Added by the First Constitutional Amendment (1951).
Tenth Schedule - [Articles 102(2), 191 (2)] - Provisions regarding defection and grounds for change inserted by 52nd Constitutional Amendment (1985).
Eleventh Schedule - [Article 243C] - This schedule relating to Panchayati Raj/Zilla Panchayat was added to the Constitution by the 73rd Constitutional Amendment (1992).
Twelfth Schedule - It describes municipalities; this schedule was added to the Constitution by the 74th Constitutional Amendment (1993).
baseline characteristics
The Constitution Drafting Committee and the Supreme Court have considered the Indian Constitution to be a federal constitution , but there is disagreement among scholars. American scholars call it a I pseudo-federal constitution although Eastern constitutionalists say that the American Constitution cannot be the only federal constitution. The constitution being federal depends on the federal features contained in it, but the Honorable Supreme Court has considered it to be completely federal.
According to the Preamble of the Indian Constitution, India is a sovereign , socialist , secular , democratic republic.
Sovereignty
The word sovereignty means to be supreme or independent. India is a sovereign nation completely free from the control of any foreign or internal power . It is governed by a free government directly elected by the people and this government rules the people by making laws.
Socialist
The word socialist was added to the preamble of the Constitution by the 42nd Amendment Act in 1976. It ensures social and economic equality for all its citizens. It gives equal status and opportunity to all without any discrimination on the basis of caste , colour , race , sex, religion or language . The government will prevent the accumulation of wealth in the hands of only a few people and will try to provide a good standard of living to all citizens.
India has adopted a mixed economic model. The government has made many laws like the Abolition of Untouchability, Zamindari Act, Equal Pay Act and Child Labor Prohibition Act etc. to achieve the goal of socialism.
Secular
The word secular was added to the preamble by the 42nd Amendment Act of the Constitution in 1976. It ensures equality of all religions and religious tolerance. India has no official religion. It neither promotes any religion nor discriminates against any. It respects all religions and treats them equally. Every person has the right to worship, follow and propagate any religion of his choice. All citizens, whatever their religious beliefs, are equal in the eyes of the law. No religious instruction is imposed in government or government-aided schools.
Democratic
India is a free country, freedom to vote from any place, special seats have been reserved for scheduled social groups and scheduled tribes in the Parliament. A certain proportion of seats are reserved for women candidates in local body elections. A bill is pending to reserve one-third seats for women in all elections. However, it is not certain how it will be implemented. The Election Commission of India is an independent body and it is always ready to conduct free and fair elections.
Unlike monarchies, where the head of state is appointed on a hereditary basis for life or until abdication, the head of a republic is elected by the people directly or indirectly for a fixed term. The President of India is elected by an electoral college for a term of five years.
Division of power
This is the most important feature of the Indian Constitution, the powers of the state are divided between the central and state governments. Both the powers are not subordinate to each other, they arise and are controlled by the Constitution.
The political meaning of separation of powers is that the legislature, executive and judiciary, with their respective powers, shall be separate and independent from each other.
supremacy of the constitution
The provisions of the Constitution are equally binding on the Union and State governments. The articles dividing power between the Centre and the States are given below:
1. Articles 54,55,73,162,241.
2. Part-5 Legal relations between Supreme Court , High Court , State and Centre.
3. Any list under Article 7.
4. Representation of states in Parliament.
5. Power to amend the Constitution Article 368 Parliament cannot amend these articles alone it needs the consent of the states as well.
Other articles not related to division of powers:
1. The written constitution will necessarily be in written form because a clear description of the division of powers is necessary in it. Hence, the union will definitely have a written constitution.
2. Rigidity of the Constitution means that both the State and the Centre will participate in amending the Constitution.
3. Jurisdiction of Courts - This means that the Centre and State will rely on an impartial and independent authority to interpret the law.
Established by law:
1. The courts will supervise the division of powers between the Union and the States.
2. The courts will be the final interpreters of the Constitution. In India this power lies with the Supreme Court.
These five conditions are essential to make a constitution federal. In India, all these five features are present in the constitution, hence it is federal. But the Indian constitution also has some differentiating features:
Preamble to the Constitution
To express the objectives of the Constitution, a preamble is usually presented before it. The preamble of the Indian Constitution is influenced by the American Constitution and is considered the best in the world. The essence, expectations, objectives, goals and philosophy of the Indian Constitution are revealed in the name of the preamble. The preamble declares that the Constitution derives its power directly from the people, that is why it begins with the sentence We the people of India' . In the case of Kehar Singh vs Union of India, it was said that the Constituent Assembly does not directly represent the Indian people, hence the Constitution cannot get special favor of the law, but the court rejected it and considered the Constitution as supreme, on which no question can be raised.
Preamble of the Constitution:
We, the people of India, to constitute India into a sovereign, socialist, secular, democratic republic and to all its citizens .
To secure social, economic and political justice, freedom of thought, expression, belief, religion and worship, equality of dignity and opportunity, and To promote among them all the fraternity assuring the dignity of the individual and the unity and integrity of the nation With firm resolve, in this our Constituent Assembly on this 26th November 7949 (Mitti Margshirsha Shukla Saptami, Samvat two thousand six Vikrami) do hereby We adopt, enact and give ourselves to this Constitution.
Preamble of the Constitution The Preamble presented by Jawaharlal Nehru in the Constituent Assembly on 13 December 1946 is also called the Preamble.
• K.M. Munshi has named the preamble as 'Political Horoscope'
• The words socialism, secularism and integrity were added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act, 1976.
Constitution Part 3 and 4: Fundamental Rights and Directive Principles of State Policy
Parts 3 and 4 together are called the 'soul and consciousness of the Constitution' because for any independent nation, fundamental rights and directive principles play an important role in the building of the nation. Directive Principles are the latest elements of democratic constitutional development. They were first implemented in the Constitution of Ireland . These are the elements that have evolved along with the development of the Constitution. The function of these elements is to establish a welfare state. In this part of the Indian Constitution, the form of the Directive Principles has been determined, the difference between Fundamental Rights and Directive Principles has been explained and the importance of Directive Principles has been explained.