Constitution of India
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The Constitution of India is the constitution of the Republic of India. It was passed by the Constituent 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.
Contents |
The Importance 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 citizens
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 the United Kingdom. The new British government announced its Indian Policy and decided to convene a constitution drafting body. Three British cabinet ministers were sent 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 Krishnaswamy 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 Constituent 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.
Obectives Resolution
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
- Parliamentary form of government
- Idea of single citizenship
- Idea of Rule of law
- Institution of Speaker and his role
- Lawmaking procedure
- 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
- Ideals of Liberty, Equality and Fraternity
- The working of a Quasi - Federal form of government (a federal government, with a strong central government)
- The idea of Residual Powers
- 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. [1]
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.
Articles
- Part I - consists of Articles 1 - 4 on the Union and its Territory
- Part II - consists of Articles 5 - 11 on Citizenship.
- Part III - consists of Articles 12 - 35 on Fundamental Rights.
- i.e. Articles 14 - 18 on Right to Equality,
- Articles 19 - 22 on Right to Freedom,
- Articles 23 - 24 on Right against Exploitation,
- Articles 25 - 28 on Right to Freedom of Religion,
- Articles 29 - 31 on Cultural and Educational Rights,
- Articles 32 - 35 on Right to Constitutional Remedies.
- Part IV - consists of Articles 36 - 51 on Directive Principles of State Policy.
- Part IV (A) consists of Fundamental Duties of each citizen of India.
- Part V - consists of Articles on the Union.
Chapter I - The Executive.
- Articles 52 - 73 on the President and Vice-President,
- Articles 74 - 75 on Council of Ministers,
- Article 76 on Attorney General of India,
- Articles 77 - 78 on Conduct of Government Business
Chapter II - Parliament.
- Articles 79 - 88 on Constitution of Parliament,
- Articles 89 - 98 on Officers of Parliament,
- Articles 99 - 100 on Conduct of Business,
- Articles 101 - 104 on Disqualification of members,
- Articles 105 - 106 on Powers, privileges and Immunities of Parliament and its Members,
- Articles 107 - 111 on Legislative Procedure,
- Articles 112 - 117 on Procedure in Financial Matters,
- Articles 118 - 122 on Procedure Generally.
Chapter III - Legislative Powers of the President.
- Article 123 on Power of president to promulgate Ordinances during recess of Parliament
Chapter IV - The Union Judiciary.
- Articles 124 - 147 Establishment and Constitution of Supreme Court
Chapter V - Comptroller and Auditor-General of India.
- Articles 148 - 151 on Duties and powers of Comptroller and Auditor-General.
- Part VI - consists of Articles on the States.
Chapter I - General
- Article 152 - Definition.
Chapter II - The Executive
- Articles 153 - 162 on The Governor,
- Articles 163 - 164 on The Council of Ministers,
- Article 165 - on the Advocate-General for the State.
- Articles 166 - 167 on the Conduct of Government Business.
Chapter III - The State Legislature.
- Articles 168 - 177 General
- Articles 178 - 187 on the Officers of the State Legislature,
- Articles 188 - 189 on Conduct of Business,
- Articles 190 - 193 on Disqualification of members,
- Articles 194 - 195 on Powers, Privileges and Immunities Parliament and its Members,
- Articles 196 - 201 on Legislative Procedure,
- Articles 202 - 207 on Procedure in Financial Matters,
- Articles 208 - 212 on Procedure Generally.
Chapter IV - Legislative Powers of the Governor
- Article 213 - Power of president to promulgate Ordinances during recess of Parliament
Chapter V - The High Courts in the States.
- Articles 214 - 231 on High Courts in the States,
Chapter VI -Subordinate Courts
- Articles 232 - 237 on Subordinate Courts
- Part VII - consists of Articles on States in the B part of the First schedule.
- Article 238 Repealed
- Part VIII - consists of Articles on The Union Territories
- Articles 239 - 242 Administration, creation of Council of Ministers and High Courts
- Article - 243 Repealed
- Part X - consists of Articles on the scheduled and Tribal Areas
- Article 244 - Administration, creation of Council of Ministers, and legislatures.
- Part XI - consists of Articles on Relations between the Union and the States.
Chapter I - Legislative Relations.
- Articles 245 - 255 on Distribution of Legislative Relations
Chapter II - Administrative Relations
- Articles 256 - 261 General
- Article 262 - on Disputes relating to waters.
- Article 263 - on Co-ordination between States
- Part XII - consists of Articles on Finance, Property, Contracts and Suits
Chapter I - Finance
- Articles 264 - 267 General
- Articles 268 - 281 on Distribution Revenues between the Union and the States
- Articles 282 - 291 on Miscellaneous Financial Provisions
Chapter II - Borrowing
- Articles 292 - 293 on Borrowing by States
Chapter III - Property, Contracts, Right, Liabilities, Obligations and Suits
- Articles 294 - 300 on Succession to property assets, liabilities, and obligations.
Chapter IV - Right to Property
- Article 300(A) - on Persons not to be deprived of property save by authority of law
- Part XIII - consists of Articles on Trade and Commerce within the territory of India
- Articles 301 - 307 on Freedom of Trade and Commerce
- Part XIV - consists of Articles on Services Under the Union and the States
Chapter I - Services
- Articles 308 - 314 on Services
Chapter II - Public Service Commissions
- Articles 315 - 323 on Public Service Commissions
- Part XIV (A) - consists of Articles on Tribunals
- Articles 323 A - 323 b
- Part XV - consists of Articles on Elections
- Articles 324 - 329 Elections
- Part XVI - consists of Articles on Special Provisions Relating to certain Classes.
- Articles 330 - 342 on Reservations
- Part XVII - consists of Articles on Official Language
Chapter I - Language of the Union
- Articles 343 - 344 Official Language of the Union
- Chapter II - Regional Languages
- Articles 345 - 347 on Language of the State
Chapter III - Language of the Supreme Court, High courts, Etc
- Articles 348 - 349 on Language used in Supreme Court, High courts Etc
Chapter IV - Special Directives
- Articles 350 - 351 Special Directives
- Part XVIII - consists of Articles on Emergency Provisions
- Articles 352 - 360 on Emergency Provisions
- Part XIX - Miscellaneous
- Articles 361 - 367 Protection of President governors and Rajpramukhs
- Part XX - consists of Articles on Amendment of the Constitution
- Articles 368 Power of parliament to amend the constitution and procedure therefor
- Part XXI - consists of Articles on Temporary, Transitional and Special Provisions
- Articles 369 - 392 on Temporary, Transitional and Special Provisions
- Part XXII consists of Articles on Authoritative text in Hindi
- Articles 393 - 395 Commencement, authoritative text in Hindi and repeals [2]
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 twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. [3]
The preamble 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 words "SOCIALIST" and "SECULAR" in the preamble. The original drafting used the words "SOVEREIGN DEMOCRATIC REPUBLIC". The two additional words "SOCIALIST" and "SECULAR" were introduced by the controversial 42nd amendment. The amendment was pushed through by Indira Gandhi in 1976, when she had dictatorial powers. A committee under the chairmanship of Sardar Swaran Singh made the recommendations after being constituted to study the question of amending the constitution in the light of past experiences.
The Importance of the Preamble
The wording of the Preamble highlights some of the fundamental and noblest values and guiding principles on which the Indian constitution is based. The Preamble serves as a guiding light of the Constitution and helps judges interpret the Constitution in the light of the Preamble.
The starting words of the Preamble - "We, the people" - signifies that the ultimate power is vested in the hands of the people of India. The Preamble lays down the most important national goals which every citizen and the government must try to achieve, like socialism, secularism and national integration. Lastly, it lays down the date for the adoption of the Constitution - 26 November 1949.
Explanation of some of the important words in the Preamble
Sovereign
The word sovereign means supreme or independent. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people, which makes laws which governs the people.
Socialist
The word socialist was added to the Preamble by the 42nd ammendment act of 1976. It implies social and economic equality. By social equality, we mean that there will be no discrimination on the basis of caste, colour, creed, sex, religion, language etc. Everybody will be given equal status and opportunities. By economic equality, we mean that the government will make efforts to reduce the concentration of wealth in a few hands and provide a decent standard of living to all.
India has adopted a mixed pattern of economy and the government has framed many laws to achieve the goal of socialism like Abolition of Untouchability and Zamindari, Equal Wages Act and Child Labour Prohibition Act.
Secular
The word secular was inserted into the Preamble by the 42nd ammendment act of 1976. It implies equality of all religions and religious tolerance. India does not have any official state religion. Every person has the right to preach, practise and propogate any religion of their own choice. The government does not favour or discriminate any religion. It treats all religions with equal respect. All citizens, irrespective of their religious beliefs are equal in the eyes of law. No religious instruction is imparted in government or government - aided schools.
Democratic
India is a democracy. People of India elect their governments at all levels (central, state and local) by a method of universal adult franchise. Every citizen of India, who is 18 years of age and above and who s not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, sex, religion or education.
Republic
As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or till he abdicates from the throne, a republic is a state in which the head of state is elected, directly or indirectly for a fixed tenure. The President of India is elected by an electoral college for a term of five years.
External links
Notes
References
- Social Science – Part II: Indian National Council of Educational Research and Training textbookISBN 81-7450-351-X
- Wikisourcesv:Indiens grundlag