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CONSTITUTION OF INDIA structure of indian constitution

STRUCTURE OF INDIAN CONSTITUTION

The Indian constitution is the world’s longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. It is the second largest active constitution in the world. (largest active constitution- constitution of Alabama). 

The constitution has a preamble and 448 articles, 25 parts and 12 schedules and 5 appendices, it has been amended  103 times; the latest amendment became effective on 14 January 2019. 

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BORROWED CONCEPTS OF INDIAN CONSTITUTION CONSTITUTION OF INDIA

BORROWED CONCEPTS

  1. UNITED KINGDOM 
  • Parliamentary government 
  • Concept of single citizenship 
  • Rule of law 
  • The legislative speaker and their role 
  • Legislative procedure 
  1. UNITED STATES 
  • Bill of Rights 
  • Federal structure of government 
  • Electoral College 
  • Independent judiciary and separation of powers 
  • Judicial review 
  • President as commander-in-chief of the armed forces 
  • Equal protection under law 
  1. IRELAND 

Directive principles of state policy 

  1. AUSTRALIA 
  • Freedom of trade between states 
  • National legislative power to implement treaties, even on matters outside normal federal jurisdiction 
  • Concurrent List 
  • Preamble terminology 
  1. FRANCE 

Ideals of Liberty ,equality and fraternity 

  1. CANADA 
  • Quasi-federal government — a federal system with a strong central government 
  • Distribution of powers between the central and state governments 
  • Residual powers, retained by the central government 

7. SOVIET UNION

  • Fundamental Duties under article 51-A 
  • Mandated planning commission to oversee economic development 

8. Other constitutions 

  • The emergency provision under article 356 (from the  Wiemar Constitution) 
  • Amending the constitution (from South Africa) 
  • Due process (from  Japan) 
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CONSTITUTION OF INDIA

COMMITTEES OF THE CONSTITUENT ASSEMBLY

The Constituent Assembly appointed a total of 22 committees to deal with different tasks of constitution-making. Out of these, eight were major committees and the others were minor committees. 

MAJOR COMMITTEES

  1. Drafting Committee – B. R. Ambedkar 
  1. Union Power Committee – Jawaharlal Nehru 
  1. Union Constitution Committee – Jawaharlal Nehru 
  1. Provincial Constitution Committee – Vallabhbhai Patel 
  1. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Vallabhbhai Patel. This committee had the following subcommittees: 
  • Fundamental Rights Sub-Committee – J. B. Kripalani 
  • Minorities Sub-Committee – Harendra Coomar Mookerjee, 
  • North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bordoloi 
  • Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – A V Thakkar 
  1. Rules of Procedure Committee – Rajendra Prasad 
  1. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru 
  1. Steering Committee – Rajendra Prasad 
  1. National flag ad hoc committee – Rajendra Prasad 
  1. Committee for the function of the consistution assembley – G V Mavlankar 
  1. House committee – B Pattabhi Sitaramayya 
  1. Language committee – Moturi Satyanarayana 
  1. Order of business committee – K M Munshi 
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CONSTITUTION OF INDIA

ORGANIZATION

Dr. Sachchidananda Sinha was the first chairman (temporary) of Constituent Assembly. Later Dr. Rajendra Prasad was elected as the president and Its vice-president was Harendra Coomar Mookerjee. Jurist B. N. Rau was appointed constitutional adviser to the assembly; Rau prepared the original draft of the constitution. 

The assembly’s work had five stages: 

  • Committees presented reports on issues. 
  • B.N. Rau prepared an initial draft based on the reports and his research into the constitutions of other nations. 
  • The drafting committee, chaired by B. R. Ambedkar, presented a detailed draft constitution which was published for public discussion. 
  • The draft constitution was discussed, and amendments proposed and enacted. 
  • The constitution was adopted, with a committee of experts led by the Congress Party (known as the Congress Assembly Party) played a pivotal role. 

 

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CONSTITUTION OF INDIA

Timeline of formation of the Constitution of India

  • 6 December 1946: 

 Formation of the Constitution Assembly. 

  • 9 December 1946:  

The first meeting was held in the constitution hall (now the Central Hall of Parliament House). (207 members attended) 

The 1st person to address was J. B. Kripalani, Sachchidananda Sinha became temporary president.  

  • 11 December 1946:      

The Assembly appointed Rajendra Prasad as its president, H. C. Mukherjee as its vice-chairman and B. N. Rau as constitutional legal adviser. (There were initially 389 members in total, which declined to 299 after partition. Out of the 389 members, 292 were from government provinces, 4 from chief commissioner provinces and 93 from princely states.) 

  • 13 December 1946:         

An ‘Objective Resolution’ was presented by Jawaharlal Nehru. This later became the Preamble of the Constitution. 

  • 22 January 1947:    

Objective resolution unanimously adopted. 

  • 22 July 1947:  

National flag adopted. 

  • 15 August 1947:  

Achieved independence. India split into the Dominion of India and the Dominion of Pakistan. 

  • 29 August 1947:  

Drafting Committee appointed with B. R. Ambedkar as its Chairman. The other 6 members of committee were Munshi, Muhammed Sadulla, Alladi Krishnaswamy Iyer, N. Gopalaswami Ayyangar, Khaitan and Mitter. 

  • 16 July 1948:  

Along with Harendra Coomar Mookerjee, V. T. Krishnamachari was also elected as second vice-president of Constituent Assembly. 

  • 26 November 1949:  

The Constitution of India was passed and adopted by the assembly. 

  • 24 January 1950:  

Last meeting of Constituent Assembly. The Constitution was signed and accepted. (with 395 Articles, 8 Schedules, 22 Parts) 

  • 26 January 1950:  

The Constitution came into force. (The process took 2 years, 11 months and 18 days) 

G. V. Mavlankar was the first Speaker of the Lok Sabha (the lower house of Parliament) after India turned into a republic. 

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CONSTITUTION OF INDIA

CONSTITUTION OF INDIA

INTRODUCTION

The Constitution of India is the supreme law of India. 

The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the fundamental duties of citizens.  

It is the longest written constitution in the world. 

B.R Ambedkar, chairman of the drafting committee, is  its chief architect. 

It was adopted by the Constituent Assembly Of India on 26 November 1949 and became effective on 26 January 1950. 

The constitution replaced the Government of India Act 1935 as the country’s fundamental governing document, and the Dominion of India became the Republic of India. 

India celebrates its constitution on 26 January 1950 as Republic Day. 

The constitution declares India a soverign,socialist,secular,democratic republic assuring its citizens justice, equality and liberty and endeavours to promote fraternity.

The words “secular” and “socialist” were added to the preamble in 1976 during the emergency.

CONSTITUENT ASSEMBLY 

An idea for a Constituent Assembly was proposed in 1934 by M.N. Roy a pioneer of the Communist movement in India and an advocate of radical democracy.  

It became an official demand of the Indian National Congress in 1935, C. Rajagopalachari voiced the demand for a Constituent Assembly on 15 November 1939 based on adult franchise, and was accepted by the British in August 1940. 

Under the Cabinet Mission Plan of 1946, elections were held for the first time for the Constituent Assembly. The Constitution of India was drafted by the Constituent Assembly, and it was implemented under the Cabinet Mission Plan on 16 May 1946. 

The constitution was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies. 

The total membership of the Constituent Assembly was 389 of which 292 were representatives of the states, 93 represented the princely states and four were from the chief commissioner provinces. 

The Interim Government of India was formed on 2 September 1946 from the newly elected Constituent Assembly. The Congress Party held a large majority in the Assembly (69 percent of the seats), and the Muslim League held nearly all the seats reserved in the Assembly for Muslims. There were also members of smaller parties, such as the Scheduled Caste Federation, the Communist Party of India and the Unionist Party.