Constitution of India

Constitution of India

                                                                          

Indian Constitution:- 

The idea of Constitution was given by MN Roy who was a pioneer of Communist Movement in India. The Constitution was framed by the Constituent Assembly of India that was set up on 16^th May in 1946 in accordance with the Cabinet Mission Plan, under the Chairmanship of Sach-chidanand Sinha, but initially Dr. Rajendra Prasad and HC Mukherjee were elected as the President and Vice President respectively in 1946. BN Rao was appointed as the Constitutional Advisor.

Constitution of India

The Chairman of the Drafting Committee was Dr. BR Ambedkar. He was also known as the Father of the Indian Constitution.

The total membership of the Constituent Assembly was 389. Among these 292 were representatives of British Sates, 93 were representatives of Princely States and 4 were from the Chief Commissioners Provinces of Delhi, Ajmer- Merwara, Coorg and British Baluchistan.

The Constituent Assembly took 2 years, 11 months and 18 days to complete the Constitution.

Preamble of the Constitution is the preface or the introduction of the Constitution. It is the integral part of the Constitution. The interpretation of the Constitution is based on the spirit of the preamble. The idea of the Preamble was borrowed from the Constitution of USA. The Objective Resolution of the Preamble was drafted and moved by Pandit Jawaharlal Nehru and it was adopted by Constituent Assembly on 26 November, 1949. And then ultimately it became the Preamble and came into effect on 26 January, 1950. And 26 January is celebrated as Republic Day of India. 

The Constituent Assembly adopted our National Flag on 22^nd July, 1947. It was designed by Pingali Venkayya.

The words, Socialist, Secular and Integrity were added by the 42^nd Constitutional Amendment Act in 1976.

                                       The Preamble

“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 26th day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Sources of the Indian Constitution:-

UK	·         Rule of Law ·         Cabinet System ·         Prerogative Writs ·         Parliamentary Government ·         Bicameral Parliament ·         Single Citizenship ·         CAG Office ·         Law making procedures
USA	·         Written Constitution ·         Vice President as the Ex-officio Chairman of Upper House ·         Fundamental Rights ·         Supreme Court ·         Provision of States ·         Independence of Judiciary ·         Preamble
Soviet Constitution (USSR)	·         Fundamental Duties
Australia	·         Concurrent List ·         Joint sitting in the Preamble
Japan	·         Procedure established by law
Germany	·         Suspension of Fundamental Rights during Emergency
Canada	·         Scheme of federation with a strong Centre ·         Distribution of powers between the Centre and the States and placing Residuary Powers with the Centre
Ireland	·         Concept of Directive principles of State Policy Method of election of the President
South Africa	·         Procedure for amendment of the Constitution and election of member of Rajya Sabha
France	·         Republic and the ideas of Liberty equality and fraternity in the Preamble.

Features of the Indian Constitution:-

1)      The Bulkiest Written Constitution in the World:

Indian Constitution is the Bulkiest Constitution of the World. When it was adopted in 1949, it comprises of 395 Articles divided into 22 Parts and 8 Schedules. But Presently, It has 465 Articles divided into 25 Parts and 12 Schedules.

2)      Combination of Rigidity and Flexibility:

Indian Constitution is the combination of Rigidity and Flexibility.

3)      Parliamentary System of Government:

Indian Constitution provides a parliamentary system of government that means executive branch of the government has the direct or indirect support of the parliament.

4)      Federal System with a Unitary bias:

India Constitution provides a good federal system with a unitary bias.

5)      Fundamental Rights and Duties:

The Indian constitution provides an elaborate list of Fundamental Rights to the citizens of India, as a citizen of India, We are entitled to certain rights as well as obliged to certain duties of as citizen of India.

6)      Directive Principles of State Policy:

India Constitution provides certain Directive Principles of State Policy in the Article 36 to 51. The purpose of the Directive Principles of State Policy is to fix economic as well as social goals of the nation.

7)      Independent and Integrated Judiciary:

Indian Constitution provides Independent Judiciary in Article 76.

8)      Single Citizenship:

The Indian constitution provides a single citizenship for all the people residing different parts and states of the country and there is no separate citizenship for the states and that is provided in the Article 5 to 11.

9)      Bicameral legislatures:

The Indian Constitution provides a Bicameral legislatures at centre consisting of Rajya Sabha and Lok Sabha that is provided in Article 79.

10)   Emergency Powers:

The Constitution gives emergency power to The President. The President has the power to impose emergency rule in any part of the country during emergencies out of armed rebellion or external aggression or due to war or due to failure of constitutional machinery in the state. That Emergency Power Provisions is provided in the Article 352 to 360 of Indian Constitution.