The Indian Constitution
The Constitution is the supreme law in India. It is a set of rules, regulations guiding the administration of a country. It’s the frame for the political principles, procedures, power of the government. It imparts constitutional supremacy and was adopted by people with the declaration of its preamble. Constitution of India is also the world’s largest wholly written document which consolidates the constitutional law of India, It’s a very detailed constitution with 395 articles in 12 parts and 8 schedules at the time of commencement, Now after many amendments, it has 448 articles in 25 parts and 12 schedules, 104 amendments have been made in Indian constitution so far ( according to 2020 ).
The Preamble to the constitution is nothing but Introduction to the constitution which tells you about what the constitution says. the constitution is a well-drafted document that states the philosophy of the constitution. It declares India is a sovereign, socialist, secular, democratic Republic and a welfare state committed to assuring its citizens’ justice, equality, and liberty for promoting fraternity and dignity of the individual. The originally written constitution is preserved in a Case that is filled by helium at the Parliament House, New Delhi.
The preamble was amended once by the 42nd Amendment to the constitution in 1976 it amendment is also known as the Mini Constitution, in here, words socialistic and secular were added along with Integrity.
Now while describing India as a Union of States, The constitution provides for a federal structure with a unitary spirit. We have a mixture of federalism and unitarism both the structures, It’s commonly called as Quasi-Federation or “a federation with a unitary bias” or even as “Unitarian federation”.
The constitution of India was written on 26 November 1949 and was made the center of law on 26 January 1950. Thus January 26 is celebrated as The Republic Day in India.
When The British East India Company came to India in the 18th century, trying and nearly wanting the right to trade and to do business. they flourished their firm of British traders Within 150 years, they bring their own powerful own army and then quite ruling in India. In the mid 19th century, India fell under British colonial rule. East India company was headed by a Viceroy "Lord Mountbatten" (February 1947-August 1947 as Viceroy of India) who also cumulated the title of Governor-General until 1947 when a fight for independence, marked by a popular nonviolent fight movement resulted as independence from the British Colonial Empire.
In 1928, the “All Parties Conference” which is a group of Indian political parties gathered a committee in Lucknow to make the Constitution of India, which was also know as Nehru report. it was headed by Pandit Motilal Nehru (father of Pandit Jawaharlal Nehru, the first prime mister of India) and the Members of the conference comprises the Indian national congress, All-India Hindu Mahasabha, All-Indian Muslim league, All-India Conference of India Christians, all India states peoples conference, and central khilafat committee.
Then in 1946, the Britishers decided to measure the possibility of independence to India. As a result, Clement Atlee (British Prime Minister) decided to send a Mission to India as also known as the British Cabinet Mission to India to discuss the transfer of power from the British government to Indian leaders, with the aim of preserving the unity of India and granting Independence of India.
Cabinet commission comprises three labor party cabinet members had Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander who recommended the formation of an Interim government along with the creation of a new constitution. Interim Government of India also known as the Provisional Government was set up under the Pandit Jawaharlal Nehru, on 2 September 1946 the constitution Assembly formed among the elected members of the Legislative Assembly as also known as the provincial assemblies.
The legislature representative of the Indian National Congress, the Muslim League, and the Sikh community make an agreement with Lord Mountbatten on which come to be known as the 3 June Plan/Mountbatten plan. the British government suggests a plan which announced on 3 June 1947, this plan covers principles like Principle of the partition of British India which divided into two dominions India and Pakistan, accepted by the British Government, Successor governments would be given dominion status, Autonomy, Sovereignty to both the countries (India and Pakistan), Both countries can make their own constitution, the native state was given the right to either join Pakistan or India, Regions can become a separate nation other than Pakistan or India.
Then Constitution Assembly was established on 6 December 1946, the Idea behind making the Constitution assembly, the aim was writing the Constitution of India, Assembly took several meetings, discussions, debates, and they passed various draft decisions to framing the Constitution of the country. Sri Sachidananda Sinha was the first chairmen of the constitution assembly however Dr. Rajendra Prasad was elected as the permanent chairmen later. Assembly also consisted of the elected representative of various provinces who were eminent personalities in their own field. Some members were Dr. B.R Ambedkar, Dr. Rajendra Prasah, Sarojini Naidu, Nehru.
On 29 August 1947, the Constitution Assembly Elected the Drafting Committee with the chairmanship of Dr. Bhimrao Ramji Ambedkar who also known as Babasaheb Ambedkar is often called the Father of Indian Constitution, and also considered to be Chief Architect of Indian Constitution, and B. N. Rau (Sir Benegal Narsing Rau) as Constitutional Adviser. Other members of the committee were Munshi, Muhammed Sadulla, Alladi Krishnaswamy Iyer, N.Gopalaswami Ayyangar, Khaitan, and Mitter. The Constitution Assembly was finally Passed, adopted the Draft of Indian Constitution signed by 284 members on 26 November 1949, that is why we celebrate 26 November as the Law Day.
On 26 January 1950, the Constitution of India Came into Force ( Process took 2 year, 11 months, 18 days to write and enact the constitution), Our National Anthem was Adopted by the Constitution Assembly, and National Flag was adopted on 22nd July 1947.
the Indian constitution was Drafted after a hard work of 3 years of the constituent assembly, B.R. Ambedkar was a wise constitutional Expert, they had studied about 60 counties constitution, Though some features of the Constitution are borrowed from the various nations.
From Australia
- Concurrent list
- Language of the preamble.
- The provision regarding trade, commerce, and intercourse.
From Canada
- Scheme of federation with a strong center.
- Distribution of power between the center and the states and placing residuary power with the center.
From Ireland
- Directive principles of states policy Concept (Ireland tock it from SPAIN).
- Method of election of the president.
- The nomination of members in the Rajya Sabha by the President.
From the U.S
- Written Constitution.
- Executive head of state knows as president and his being the supreme commander of the Armed Forces.
- Vice-President as the ex-official Chairman of Rajya Sabha.
- Fundamental Rights
- Supreme Court.
- Independence of Judiciary and Judicial review.
- Preamble.
From the U.K
- Cabinet System of Ministers.
- Post of PM.
- Parliamentary Type of Govt.
- Bicameral Parliament.
- Lower Houses more powerful.
- Council of Ministers responsible for the lower house.
- Speaker in Lok Sabha.
From USSR
- Fundamental duties.
- Five year Plan.
From Japan
- Law on which the Supreme Court function.