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The Constitution of India is the supreme law of India. It is a living document, an instrument which makes the government system work.[1] It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. It is the longest[2] written constitution of any sovereign country in the world, containing 448[3][Note 1] articles in 25[Note 2] parts, 12[Note 3] schedules, 5 appendices and 100 amendments. Besides the English version, there is an official Hindi translation. Dr. Bhimrao Ramji Ambedkar is regarded as the chief architect of the Indian Constitution, but it was the Constituent Assembly that worked under under Dr Ambedkar and his team that drafted the final copy of the Indian Constitution.
The constitution of India imparts constitutional supremacy and not parliamentary supremacy as it is not created by the Parliament but created by a constituent assembly and adopted by its people with a declaration in the preamble to the constitution.[4] Whereas the constitutional institutions such as Parliament, President, Judiciary, Executive, etc are created by the constitution and not existing before the adoption of constitution by the people of India. Parliament created by the constitution has no right or privilege to override the constitution in any form. The Constitution follows parliamentary system of government and the executive is directly accountable to the legislature. It states that there shall be a President of India who is head of executive under Articles 52 and 53. The President's duty is to preserve, protect and defend the constitution and the law under Article 60 of the Indian constitution. Article 74 provides that there shall be a Prime Minister of India as the head of union cabinet which would aid and advice the President in performing his constitutional duty. Union cabinet is collectively responsible to the House of the People as per Article 75(3).
The Constitution of India is federal in nature but unitary in spirit. The common features of a federation such as written Constitution, supremacy of Constitution, rigidity of Constitution, two government, division of powers, bicameralism and independent judiciary as well as unitary features like single Constitution, single citizenship, integrated judiciary, flexible Constitution, a strong Centre, appointment of state governor by the Centre, All-India Services, Emergency Provisions etc can be seen in Indian Constitution. This unique combination makes it Quasi-Federal in form.[5] Each state and each Union territory of India has its own government. Analogous to President and Prime Minister, each has a Governor (in case of states) or Lieutenant Governor (in the case of Union territories) and a Chief Minister. The 73rd and 74th Amendment Act also introduced the system of Panchayati Raj in rural areas and Municipality in urban areas. Also, Article 370 of the Constitution gives special status to the State of Jammu and Kashmir.
The Constitution was adopted by the India Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.[6] The date of 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the country's fundamental governing document. To ensure constitutional autochthony, the framers of constitution inserted Article 395 in the constitution and by this Article, the Government of India Act 1935 and the Indian Independence Act, 1947 were repealed.[7] The Constitution declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavors to promote fraternity among them.[8] The words "socialist" and "secular" were added to the definition in 1976 by the 42nd constitutional amendment (mini constitution).[9] India celebrates the adoption of the constitution on 26 January each year as Republic Day.[10]
Contents
Background
The major portion of the Indian subcontinent was under British rule from 1857 to 1947. When the Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act. India ceased to be a dominion of the British Crown and became a sovereign democratic republic. 26 November 1949 is also known as National Law Day. The Indian constitution is the world's longest constitution. At the time of commencement, the constitution had 395 articles in 22 parts and 8 schedules. It consists of almost 80,000 words and took 2 years 11 months and 18 days to build.
Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393 and 394 came into force on 26 Nov 1949 and remaining articles on 26 Jan 1950.[11]
Previous legislation used as sources
The Constitution of India is drawn from many sources. Keeping in mind the needs and conditions of India the framers of the Constitution of India borrowed different features freely from previous legislation viz. Government of India Act 1858, Indian Councils Act 1861, Indian Councils Act 1892, Indian Councils Act 1909, Government of India Act 1919, Government of India Act 1935 and the Indian Independence Act 1947. The last legislation which led to the creation of the two independent nations of India and Pakistan provided for the division of the erstwhile Constituent Assembly into two, with each new assembly having sovereign powers transferred to it, to enable each to draft and enact a new constitution, for the separate states.
Constituent Assembly
The Constitution was drafted by the Constituent Assembly, which was elected by the elected members of the provincial assemblies.[12] The 389 member Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise) to complete its historic task of drafting the Constitution for Independent India. During this period, it held eleven sessions covering a total of 165 days. Of these, 114 days were spent on the consideration of the Draft Constitution. On 29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India. While deliberating upon the draft Constitution, the Assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled.[13] Dr B.R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Kanaiyalal Munshi, Purushottam Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were some important figures in the Assembly. There were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gururng represented the Gorkha Community. Prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and Vijayalakshmi Pandit were important women members.
The first temporary 2-day president of the Constituent Assembly was Dr Sachchidananda Sinha. Later, Rajendra Prasad was elected president of the Constituent Assembly.[12] The members of the Constituent Assembly met for the first time on 9 December 1946.[12]
Drafting
On the 14 August 1947 meeting of the Assembly, a proposal for forming various committees was presented.[12] Such committees included a Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee. On 29 August 1947, the Drafting Committee was appointed, with Dr B. R. Ambedkar as the Chairman along with six other members assisted by a constitutional advisor. These members were Pandit Govind Ballabh Pant, Kanaiyalal Maneklal Munshi (K M Munshi, Ex- Home Minister, Bombay), Alladi Krishnaswamy Iyer (Ex- Advocate General, Madras State), N Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md. Saadullah (Ex- Chief Minister of Assam, Muslim League member) and D P Khaitan (Scion of Khaitan Business family and a renowned lawyer). The constitutional advisor was Sir Benegal Narsing Rau (who became First Indian Judge in International Court of Justice, 1950–54). Later B L Mitter resigned and was replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara). Owing to death of D P Khaitan, T T Krishnamachari was chosen to be included in the drafting committee. A Draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947. Draft constitution was debated and over 2000 amendments were moved over a period of two years. Finally on 26 November 1949, the process was completed and Constituent assembly adopted the constitution. 284 members signed the document and the process of constitution making was complete.[14]
The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution, the 308 members of the Assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950. The original Constitution of India is hand-written with beautiful calligraphy, each page beautified and decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Two days later, on 26 January 1950, the Constitution of India became the law of all the States and territories of India.[15] Rs.1,00,00,000 was official estimate of expenditure on constituent assembly. The Constitution has undergone many amendments since its enactment.[16]
Structure
The Constitution, in its current form (September 2012), consists of a preamble, 25[Note 2] parts containing 448 [Note 1] articles, 12[Note 3] schedules, 5 appendices[17] and 99 amendments, the latest of which came into force on 13 April 2015.[18]
Parts
The individual Articles of the Constitution are grouped together into the following Parts:
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Schedules
Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.
- First Schedule (Articles 1 and 4) - This lists the states and territories of India, lists any changes to their borders and the laws used to make that change.
- Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)- – This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India.
- Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)—Forms of Oaths – This lists the oaths of offices for elected officials and judges.
- Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.
- Fifth Schedule (Article 244(1)) – This provides for the administration and control of Scheduled Areas[Note 4] and Scheduled Tribes[Note 5] (areas and tribes needing special protection due to disadvantageous conditions).
- Sixth Schedule (Articles 244(2) and 275(1))— Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Seventh Schedule (Article 246) —The union (central government), state, and concurrent lists of responsibilities.
- Eighth Schedule (Articles 344(1) and 351)—The official languages.
- Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations.[29]
- Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection" provisions for Members of Parliament and Members of the State Legislatures.
- Eleventh Schedule (Article 243-D) —Panchayat Raj (rural local government),
- Twelfth Schedule (Article 243-W) — Municipalities (urban local government).
Appendices
- Appendix I—The Constitution (Application to Jammu and Kashmir) Order, 1954.
- Appendix II— Re-statement, with reference to the present text of the Constitution, of the exceptions and modifications subject to which the Constitution applies to the State of Jammu and Kashmir.
- Appendix III—Extracts from the Constitution (Forty-fourth Amendment) Act, 1978.
- Appendix IV—The Constitution (Eighty-sixth Amendment) Act, 2002.
- Appendix V— The Constitution (Eighty-eighth Amendment) Act, 2003.
Amendment
The process of rewriting any part of the constitution is called amendment. Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. Unlike the ordinary bills (with exception to money bills), there is no provision for joint sitting of the two houses of the parliament to pass a constitutional amendment bill.
As of September 2013 there have been 120 amendment bills presented in the Parliament, out of which 98 have been passed to become Amendment Acts.[30] Most of these amendments address issues dealt with by statute in other democracies. However, the Constitution is so specific in spelling out government powers that many of these issues must be addressed by constitutional amendment. As a result, the document is amended roughly twice a year.
In 2000 the National Commission to Review the Working of the Constitution (NCRWC) was set up to look into updating the constitution.[31]
Limitations
The Supreme Court has ruled in Kesavananda Bharati v. State of Kerala case that not every constitutional amendment is permissible, the amendment must respect the "basic structure" of the constitution, which is immutable. This "Doctrine of Basic Features" of the Constitution lays down that certain basic features of the Constitution cannot be abridged or deleted or repealed; what are the "basic features" has not been defined exhaustively anywhere and whether a particular provision of the Constitution of India is a "basic feature" will be decided as and when an issue is raised before the court in an individual case.[32]
In the Golak Nath v. State of Punjab case of 1967, the Supreme Court ruled that the State of Punjab could not restrict any of the Fundamental rights found in the basic structure doctrine.[33] The Golak Nath family members were landowners of approximately 500 acres of farmland, but the State of Punjab insisted upon restricting the brothers to only 30 acres apiece under the Security and Land Tenures Act.[33] Golak Nath then challenged this restriction stating that it denied their constitutional rights under Article 32. Land ownership and practice of profession, in this case, were argued to be fundamental rights protected by the basic structure doctrine enacted in 1953.[34] The ruling of the Golak Nath v. State of Punjab case was eventually overturned with the ratification of the 24th Amendment in 1971.[34]
Influence of Other Constitutions
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Constitution of the Soviet Union
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Other Constitutions
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Judicial review
Judicial review is adopted in the Constitution of India from judicial review in the United States (see[38]). In the Indian constitution, Judicial review is dealt with under Article 43. Judicial Review refers that the Constitution is the supreme power of the nation and all laws are under its supremacy. Article 43 states that:
- All pre-constitutional laws, if in part or completely in conflict with the Constitution, shall have all conflicting provisions deemed ineffective until an amendment to the Constitution ends the conflict. In such situation the provision of that law will again come into force, if it is compatible with the constitution as amended. This is called the Doctrine of Eclipse.[39]
- In a similar manner, laws made after adoption of the Constitution by the Constituent Assembly must be compatible with the constitution, otherwise the laws and amendments will be deemed to be void ab initio.
- In such situations, the Supreme Court or High Court interprets the laws to decide if they are in conformity with the Constitution. If such an interpretation is not possible because of inconsistency, and where a separation is possible, the provision that is inconsistent with constitution is considered to be void. In addition to article 13, articles 32, 226 and 227 provide a constitutional basis to judicial review in India.[40]
Due to the adoption of the thirty-eighth amendment, the Indian Supreme Court was not allowed to preside over any laws adopted during a state of emergency that infringes upon fundamental rights under article 32 i.e. Right to Constitutional Remedies.[41] Later with the Forty-second Amendment of the Constitution of India, article 31 C was widened and article 368(4) and 368(5) were added, which stated that any law passed by the parliament can't be challenged in the court on any ground. The Supreme court in the Minerva Mills v. Union of India case said that Judicial Review is one of the basic character of the constitution and therefore can't be taken away quashing Article 368(4)&(5) as well as 31 C.
See also
- Constitutional economics
- Constitutionalism
- History of democracy
- List of national constitutions
- Magna Carta
- Rule according to higher law
- Uniform civil code of India
Notes
- ^ a b Although the last article of the Constitution is Article 395, the total number, as of March 2013 is 465. New articles added through amendments have been inserted in the relevant location in the original constitution. In order not to disturb the original numbering, the new articles are inserted with alpha numeric enumerations. For example, Article 21A pertaining to Right to Education was inserted by the 86th Amendment Act.
- ^ a b The Constitution was in 22 Parts originally. Part VII & IX (older) was repealed in 1956, whereas newly added Part IVA, IXA, IXB & XIVA by Amendments to the Constitution in different times (lastly added IXB by the 97th Amendment).
- ^ a b By 73rd & 74th Amendment, the lists of administrative subjects of Panchayat raj & Municipality included in the Constitution as Schedule 11 & 12 respectively in the year 1993.
- ^ Scheduled Areas are autonomous areas within a state, administered federally, usually populated by a predominant Scheduled Tribe.
- ^ Scheduled Tribes are groups of indigenous people, identified in the Constitution, struggling socioeconomically
References
- ^ "Preface, The constitution of India" (PDF). http://india.gov.in/my-government/constitution-india/constitution-india-full-text. Government of India. Retrieved 5 February 2015.
- ^ Pylee, M.V. (1997). India's Constitution. S. Chand & Co. p. 3. ISBN 81-219-0403-X.
- ^ "10 Facts You Should Know about the Indian constitution". Yahoo! Lifestyle.
- ^ "Constitutional supremacy vs parliamentary supremacy" (PDF). Retrieved 12 October 2015.
- ^ M Laxmikanth. "3". Indian Polity (4th ed.). McGraw Hill Education. p. 3.2. ISBN 978-1-25-906412-8.
- ^ "Introduction to Constitution of India". Ministry of Law and Justice of India. 29 July 2008. Retrieved 2008-10-14.
- ^ Swaminathan, Shivprasad (26 January 2013). "India’s benign constitutional revolution". The Hindu: opinion. Retrieved 18 February 2013.
- ^ "Preamble of the Constitution of India" (PDF). Ministry of Law & Justice. Retrieved 29 March 2012.
- ^ "Forty-Second Amendment to the Constitution". Ministry of Law and Justice of India. 28 August 1976. Retrieved 2008-10-14.
- ^ Das, Hari (2002). Political System of India. Anmol Publications. p. 120. ISBN 81-7488-690-7.
- ^ "Commencement".
- ^ a b c d "The Constituent Assembly Debates (Proceedings):(9th December,1946 to 24 January 1950)". The Parliament of India Archive. Retrieved 2008-02-22.
- ^ http://parliamentofindia.nic.in/ls/debates/facts.htm
- ^ "Some Facts of Constituent Assembly". Parliament of India. National Informatics Centre. Archived from the original on 21 May 2013. Retrieved 2011-04-14.
On 29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of B. R. Ambedkar to prepare a Draft Constitution for India
- ^ "Original unamended constitution of India, January, 1950". Retrieved 2014-04-17.
- ^ "THE CONSTITUTION (AMENDMENT) ACTS". India Code Information System. Ministry of Law, Government of India. Retrieved 9 December 2013.
- ^ "Constitution of india". Ministry of Law and Justice, Govt. of India.
- ^ "Constitution (Ninety-ninth Amendment) Act, 2014" (PDF). 1, Law Street. Retrieved 23 June 2015.
- ^ Part I
- ^ Part II
- ^ Part IV
- ^ Part V
- ^ Part VI
- ^ Part VII
- ^ Part VIII
- ^ Part IX
- ^ Part IXA
- ^ http://indiacode.nic.in/coiweb/amend/amend97.pdf
- ^ Originally Articles mentioned here were immune from judicial review on the ground that they violated fundamental rights. but in a landmark judgement in 2007, the Supreme Court of India held in I.R. Coelho v. State of Tamil Nadu and others that laws included in the 9th schedule can be subject to judicial review if they violated the fundamental rights guaranteed under Article 14, 15, 19, 21 or the basic structure of the Constitution {(ambiguous)} - I.R. Coelho (dead) by L.Rs. v. State of Tamil Nadu and others(2007) 2 S.C.C. 1
- ^ name="amendments"
- ^ Kuri's blog: National Commission to review the working of the Constitution(NCRWC). Kurishravan.blogspot.in (2011-02-23). Retrieved on 2013-07-28.
- ^ Dhamija, Dr. Ashok (2007). Need to Amend a Constitution and Doctrine of Basic Features. Wadhwa and Company. p. 568. ISBN 9788180382536. Retrieved 17 June 2014.
- ^ a b Jacobsohn, Gary J. (2010). Constitutional Identity. Cambridge, Massachusetts: Harvard University Press. p. 52. ISBN 9780674047662.
- ^ a b Dalal, Milan (2008). "India's New Constitutionalism: Two Cases That Have Reshaped Indian Law". Boston College International Comparative Law Review 31 (2): 258–260. Retrieved 5 March 2015.
- ^ Sridhar, Madabhushi. "Evolution and Philosophy behind the Indian Constitution" (PDF). Dr.Marri Channa Reddy Human Resource Development Institute (Institute of Administration), Hyderabad. Retrieved 22 October 2015.
- ^ "Borrowed features of Constitution". Retrieved 15 February 2014.
- ^ Miglani, Dr. Deepak. "Constitution of India: A ‘Bag of Borrowings’". Retrieved 15 February 2014.
- ^ V. Venkatesan - A fresh look at the relevance of three early doctrines that have defined the Indian Constitution over the years. Front-line (Vol. 29 - Issue 05 :: 10-23 Mar. 2012)
- ^ Jain, M.P. (2010). Indian Constitutional Law. LexisNexis Butterworths Wadhwa Nagpur. p. 921. ISBN 978-81-8038-621-3.
- ^ Lectures By Professor Parmanad Singh, Jindal Global Law School.
- ^ Jacobsohn, Gary (2010). Constitutional Identity. Cambridge, Massachusetts: Harvard University Press. p. 57. ISBN 9780674047662.
Bibliography
- Khanna, Justice H.R (2015). Making of India's Constitution (2nd Edition 2008, (Reprinted 2015) ed.). Eastern Book Company. ISBN 978-81-7012-188-6.
- Austin, Granville (1999). The Indian Constitution: Cornerstone of a Nation (2nd ed.). Oxford University Press. ISBN 978-01-9564-959-8.
- Austin, Granville (2003). Working a Democratic Constitution: A History of the Indian Experience (2nd ed.). Oxford University Press. ISBN 978-01-9565-610-7.
- Baruah, Aparajita (2007). Preamble of the Constitution of India : An Insight & Comparison. Eastern Book Co. ISBN 978-81-7629-996-1.
- Basu, Durga Das (1965). Commentary on the constitution of India : (being a comparative treatise on the universal principles of justice and constitutional government with special reference to the organic instrument of India) 1–2. S. C. Sarkar & Sons (Private) Ltd.
- Basu, Durga Das (1984). Introduction to the Constitution of India (10th ed.). South Asia Books. ISBN 0-8364-1097-1.
- Basu, Durga Das (1981). Shorter Constitution of India. Prentice-Hall of India. ISBN 978-0-87692-200-2.
- Das, Hari Hara (2002). Political System of India. Anmol Publications. ISBN 81-7488-690-7.
- Dash, Shreeram Chandra (1968). The Constitution of India; a Comparative Study. Chaitanya Pub. House.
- Dhamija, Dr. Ashok (2007). Need to Amend a Constitution and Doctrine of Basic Features. Wadhwa and Company. ISBN 9788180382536.
- Ghosh, Pratap Kumar (1966). The Constitution of India: How it Has Been Framed. World Press.
- Jayapalan, N. (1998). Constitutional History of India. Atlantic Publishers & Distributors. ISBN 81-7156-761-4.
- Khanna, Hans Raj (1981). Making of India's Constitution. Eastern Book Co. ISBN 978-81-7012-108-4.
- Rahulrai, Durga Das (1984). Introduction to the Constitution of India (10th ed.). South Asia Books. ISBN 0-8364-1097-1.
- Pylee, M.V. (1997). India's Constitution. S. Chand & Co. ISBN 81-219-0403-X.
- Pylee, M.V. (2004). Constitutional Government in India. S. Chand & Co. ISBN 81-219-2203-8.
- Sen, Sarbani (2007). The Constitution of India: Popular Sovereignty and Democratic Transformations. Oxford University Press. ISBN 978-0-19-568649-4.
- Sharma, Dinesh; Singh, Jaya; Maganathan, R.; et al. (2002). Indian Constitution at Work. Political Science, Class XI. NCERT.
- "The Constituent Assembly Debates (Proceedings):(9th December,1946 to 24 January 1950)". The Parliament of India Archive. Retrieved 2008-02-22.
External links
- Original Unamended version of the Constitution of India
- Ministry of Law and Justice of India – The Constitution of India Page
- Constitution of India as of 29 July 2008
- Constitutional predilections
- Commonwealth Legal Information Institute– Online Copy
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