Constitution of India
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The Constitution of India was passed by the Constituent Assembly of India on November 26, 1949, and came into effect on January 26, 1950. India celebrates January 26 each year as Republic Day. It is the longest written constitution of any independent nation in the world, containing 395 articles and 10 schedules (later 11), as well as numerous amendments, for a total of 117,369 words in the English language version.
The importance of the Constitution
The Constitution lays down the basic structure of government under which the people are to be governed. It establishes the main organs of government - the executive, the legislature and the judiciary. The Constitution not only defines the powers of each organ, but also demarcates their responsibilities. It regulates the relationship between the different organs and between the government and the people.The Constitution is superior to all other 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 also spells out the rights and duties of citizens.
The Constitution applies to the State of Jammu and Kashmir with certain exceptions and modifications as provided in article 370 and the Constitution (Application to Jammu and Kashmir) Order, 1954
History
The Cabinet MissionWorld 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 began work on 9 December 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 persuasions. Jawaharlal Nehru, Rajendra Prasad, Sardar Patel, Maulana Abul Kalam Azad and Shyama Prasad Mukherjee were some important figures in the Assembly's discussions. 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. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. 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. Dr. Sachidanand Sinha was the first president of the Constituent Assembly. Later, Dr.Rajendra Prasad was elected president of the Constituent Assembly while 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. Its sessions were open to the press and the public.
Obectives Resolution
The underlying principles of the Constitution were laid down by Jawaharlal Nehru in his Objectives Resolution :
Jawaharlal Nehru signing the Constitution of India
- India is an Independent, Sovereign, Republic;
- India shall be a Union of erstwhile British Indian territories, Indian States, and other parts outside British India and Indian 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 in its final form owes much to a number of different principles from various other Constitutions. The general structure of the Constitution's democratic framework was largely the work of 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 government — known as panchayat — in a system known as Panchayati Raj, i.e. rule by Panchayats. However, the view of more modernist leaders such as Jawaharlal Nehru, ultimately prevailed leading to the establishment of a parliamentary system of government and a federal system with a strong central government.
Features of the Indian Constitution adapted from other Constitutions
British Constitution- Parliamentary form of government
- The idea of single citizenship
- The idea of the Rule of law
- Institution of Speaker and his role
- Lawmaking procedure
- Procedure established by Law u/a 13
- Charter of Fundamental Rights, which is similar to the United States Bill of Rights
- Federal structure of government
- Power of Judicial Review and independence of the judiciary
- President as supreme commander of armed forced u/a 52
- Due process of law u/a 13
Irish ConstitutionFrench Constitution
- Ideals of Liberty, Equality and Fraternity
- A quasi-federal form of government (a federal system with a strong central government)
- The idea of Residual Powers
- The idea of the Concurrent list
- Freedom of trade and commerce within the country and between the states
- The Planning Commission and Five-Year Plans
- Fundamental Rights and Directive principles of India
- Fundamental Duties u/a 51-A
- Emergency Provision u/a 368
Schedules
Schedules can be added to the constitution by amendment. The twelve schedules in force cover the designations of the States and Union Territories; 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 Union Territory; provisions for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions); provisions for the administration of tribal areas in Assam; the Union (central government), State, and Concurrent (dual) lists of responsibilities; the official languages; land and tenure reforms; the association of Sikkim with India; anti-defection provisions for Members of Parliament and Members of the State Legislatures; rural development; and urban planning.Amendments
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 them 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 half 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. [#endnote_am]
In 1974, the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala enunciated the Basic Structure Doctrine, which expanded the scope of judicial review to include the power to review Constitutional Amendments passed by the Legislature. Using this doctrine, the Supreme Court has struck down the 39th Amendment and parts of the 42nd Amendment as being violative of the Basic Structure of the Constitution. Some noted authors of Constitutional law, such as HM Seervai have argued that this is an usurpation of amending power by the judiciary which was never intended by the framers of the Constitution
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.
- *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 XIX - Miscellaneous
- Part XXII consists of Articles on short title, date of commencement, Authoritative text in Hindi and Repeals.
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. [#endnote_pre]
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 recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience.
The importance of the Preamble
The wording of the Preamble highlights some of the fundamental values and guiding principles on which the Constitution of India is based. The Preamble serves as a guiding light for the Constitution and judges interpret the Constitution in its light. In a majority of decisions, the Supreme Court of India has held that the objectives specified in the preamble constitute the basic structure of the Indian Constitution, which cannot be amended.Though Preamble is a part of the constitution still it nor any of its content is leagally enforcible.The first words of the Preamble - "We, the people" - signifies that power is ultimately 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, such as 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 and makes laws that govern the people.Socialist
The word socialist was added to the Preamble by the 42nd amendment act of 1976. It implies social and economic equality. Social equality in this context means the absence of discrimination on the grounds of caste, colour, creed, sex, religion, language, etc. Under social equality, everyone has equal status and opportunities. Economic equality in this context means that the government will endeavour to make the distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasizing a commitment towards the formation of a Welfare state.India has adopted a mixed economy and the government has framed many laws to achieve the aim of social equality, such as the Abolition of Untouchability and Zamindari, the Equal Wages Act and the Child Labour Prohibition Act.
Secular
The word secular was inserted into the Preamble by the 42nd amendment act of 1976. It implies equality of all religions and religious tolerance. India, therefore does not have an official state religion. Every person has the right to preach, practise and propagate any religion they choose. The government must not favour or discriminate against any religion. It must treat 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. The Supreme Court in S.R Bommai v. Union of India held that secularism was an integral part of the basic structure of the constitution.Democratic
India is a democracy. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult franchise. Every citizen of India, who is 18 years of age and above and 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 until he abdicates from the throne, a democratic republic is an entity 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.Criticisms
The Constitution of India differs from other western constitutions, from which it has derived inspiration, in the fact that it stipulates the supremacy of the legislature as the supreme law making body of the land. In that respect, it renders the legislative arm of government nominally more powerful than either the executive or the judiciary. It is also widely criticised that although the underlying constitution is very sound, it has provided scope for misuse by people in power which is evident from the prevailing corruption in the country. [link]Notes
- ↑ For the full text of methods of Constitutional amendment see [here]
- ↑ Source: [Constitution of India]
- ↑ Source: [Preamble of the Constitution of India]
References
- Social Science – Part II: Indian National Council of Educational Research and Training textbook[ISBN 81-7450-351-X]
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