CONSTITUTION || INDIA

Constitution of India

The Constitution of India|Bharat|Asian country|Asian nation} (IAST: Bhāratīya Saṃvidhāna) is that the supreme law of India.The document lays down the framework demarcating basic political code, structure, procedures, powers, and duties of presidency establishments and sets out basic rights, directive principles, and also the duties of voters. it's the longest written constitution of any country on earth.[b] B. R. Ambedkar, chairman of the drafting committee, is wide thought-about to be its chief designer.

Constitution of Bharat

• Original title

भारतीय संविधान (IAST: Bhāratīya Saṃvidhāna)[a]

• Jurisdiction

 India

• Ratified

26 Gregorian calendar month 1949; seventy years past

• Date effective

26 Gregorian calendar month 1950; seventy years past

• System

Federal Parliamentary Constitutional Republic

• Branches

Three (Executive, law-makers and Judiciary)

• Chambers

Two (Rajya Sabha and Lok Sabha)

• Executive

Prime minister-led cupboard accountable to the lower house of the parliament

• Judiciary

Supreme court, high courts and district courts

• Federalism

Federal

• Electoral faculty

Yes, for presidential and executive elections

• Entrenchments

2

• Amendments

104

• Last amended

25th Gregorian calendar month 2020 (104th)

• Location

Parliament House, New Delhi, India

• Author(s)

Dr B. R. Ambedkar

Chairman of Drafting Committee

Sir Benegal Narsing Rau

Constitutional adviser to Constituent Assembly Surendra Nath Mukherjee

Chief Draftsmen of Constituent Assembly of India

and alternative members of Constituent Assembly

• Signatories

284 members of the Constituent Assembly

• Supersedes

Government of Bharat Act 1935

Indian Independence Act 1947

It imparts constitutional ascendency (not parliamentary ascendency, since it had been created by a constituent assembly instead of Parliament) and was adopted by its individuals with a declaration in its preamble.Parliament cannot override the constitution.

It was adopted by the Constituent Assembly of Bharat on twenty six Gregorian calendar month 1949 and have become effective on twenty six Gregorian calendar month 1950.The constitution replaced the govt of Bharat Act 1935 because the country's basic governing document, and also the Dominion of India|Bharat|Asian country|Asian nation} became the Republic of India. to make sure constitutional nativeness, its framers repealed previous acts of the British parliament in Article 395.Bharat celebrates its constitution on twenty six Gregorian calendar month as Republic Day.

The constitution declares Bharat a sovereign, socialist, secular,democratic republic, reassuring its voters justice, equality and liberty, and endeavours to push fraternity.the initial 1950 constitution is preserved in a very helium-filled case at the Parliament House in Indian capital. The words "secular" and "socialist" were else to the preamble in 1976 throughout the Emergency.

Background

A smiling Babasaheb Ambedkar and Rajendra Prasad

Babasaheb Ambedkar, chairman of the drafting committee, presenting the ultimate draft of the Indian constitution to Constituent Assembly president Rajendra Prasad on twenty five November 1949

In 1928, the All Parties Conference convened a committee in Lucknow to arrange the Constitution of Asian country, that was called the Jawaharlal Nehru Report.

Most of the colonial Asian country was below British rule from 1857 to 1947. From 1947 to 1950, an equivalent legislation continued  to be enforced as Asian country was a dominion of england for these 3 years, as every princely state was convinced by Sardar Patel and V.P.Menon to sign the articles of integration with Asian country, and therefore the British government continued  to be liable for the external security of the country.Thus, the constitution of {india|India|Republic of Asian country|Bharat|Asian country|Asian nation} repealed the Indian Independence Act 1947 and Government of India Act 1935 once it became effective on twenty six Jan 1950. Asian country ceased to be a dominion of Brits Crown and have become a sovereign democratic republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on twenty six November 1949, and therefore the remaining articles became effective on twenty six Jan 1950.

Previous legislation

The constitution was drawn from variety of sources. aware of India's wants and conditions, its framers borrowed options of previous legislation like the govt of Asian country Act 1858, the Indian Councils Acts of 1861, 1892 and 1909, the govt of Asian country Acts 1919 and 1935, and therefore the Indian Independence Act 1947. The latter, that crystal rectifier to the creation of Asian country and Islamic Republic of Pakistan, divided the previous Constituent Assembly in 2. every new assembly had sovereign power to draft and enact a replacement constitution for the separate states.

Constituent Assembly

The constitution was written by the Constituent Assembly, that was electoral by electoral members of the provincial assemblies.The 389-member assembly (reduced to 299 when the partition of India) took nearly 3 years to draft the constitution holding eleven sessions over a 165-day amount.

B. R. Ambedkar was a wise constitutional knowledgeable, he had studied the constitutions of concerning sixty countries. Ambedkar is recognised because the "Father of the Constitution of India". within the constitution assembly, a member of the drafting committee, T. T. Krishnamachari said:

"Mr. President, Sir, i'm one in every of those within the House World Health Organization have listened to Dr. Ambedkar terribly rigorously. i'm attentive to the quantity of labor and enthusiasm that he has delivered to bear on the work of drafting this Constitution. At an equivalent time, I do realise that that quantity of attention that was necessary for the aim of drafting a constitution thus necessary to North American nation at this moment has not been given thereto by the Drafting Committee. The home is maybe aware that of the seven members appointive  by you, one had resigned from the House and was replaced. One died and wasn't replaced. One was away in America and his place wasn't crammed up and another person was engaged in State affairs, and there was a void to it extent. One or 2 individuals were isolated from Old Delhi and maybe reasons of health failed to allow them to attend. thus it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and that i don't have any doubt that we tend to area unit grateful to him for having achieved this task in a very manner that is without doubt commendable."

Timeline of formation of the Constitution of Asian country

6 December 1946: Formation of the Constitution Assembly (in accordance with French practice).

9 December 1946: the primary meeting was control within the constitution hall (now the Central Hall of Parliament House). the first person to deal with was J. B. Kripalani, Sachchidananda Sinha became temporary president. (Demanding a separate state, the Muslim League boycotted the meeting.)

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 advisor. (There were at first 389 members in total, that declined to 299 when partition. Out of the 389 members, 292 were from government provinces, four from chief commissioner provinces and ninety three from princely states.)

13 December 1946: AN 'Objective Resolution' was given by national leader, parturition down the underlying principles of the constitution. This later became the Preamble of the Constitution.

22 Jan 1947: Objective resolution nem con adopted.

22 July 1947: emblem adopted.

15 August 1947: Achieved independence. {india|India|Republic of Asian country|Bharat|Asian country|Asian nation} split into the Dominion of India and therefore the Dominion of Islamic Republic of Pakistan.

29 August 1947: Drafting Committee appointed with B. R. Ambedkar as its Chairman. the opposite six members of committee were Munshi, Muhammed Sadulla, Alladi Krishnaswamy Iyer, N. Gopalaswami Ayyangar, Khaitan and Mitter.

16 July 1948: together with Harendra Coomar Mookerjee, V. T. Krishnamachari was conjointly electoral as second vice-president of Constituent Assembly.

26 November 1949: The Constitution of Asian country was passed and adopted by the assembly.

24 Jan 1950: Last meeting of Constituent Assembly. The Constitution was signed and accepted. (with 395 Articles, eight Schedules, 22 Parts)

26 Jan 1950: The Constitution came into force. (The method took two years, eleven months and eighteen days - at a complete expenditure of ₹6.4 million to end.)

G. V. Mavlankar was the primary Speaker of the Lok Sabha (the lower house of Parliament) when Asian country changed into a republic.

Membership

B. R. Ambedkar, Sanjay Phakey, solon, C. Rajagopalachari, Rajendra Prasad, Vallabhbhai Patel, Kanaiyalal Maneklal Munshi, Ganesh Vasudev Mavalankar, Sandipkumar Patel, Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were key figures within the assembly, that had over thirty representatives of the scheduled  categories. Frank Anthony described the Anglo-Indian community, and therefore the Parsis were described by H. P. Modi. Harendra Coomar Mookerjee, a Christian assembly vice-president, chaired the minorities committee and described non-Anglo-Indian Christians. Ari Bahadur Gurung described the Gorkha community Judges, like Alladi Krishnaswamy Iyer, Benegal Narsing Rau, K. M. Munshi and Ganesh Mavlankar were members of the assembly.feminine members enclosed Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Amrit Kaur and Vijaya Hindu deity Pandit.

The first, two-day president of the assembly was Sachchidananda Sinha; Rajendra Prasad was later nonappointive president.It met for the primary time on nine Gregorian calendar month 1946.

Drafting

Sir Benegal Narsing Rau, a official WHO became the primary Indian choose within the International Court of Justice and was president of the world organization council, was appointed because the assembly's constitutional consultant in 1946. chargeable for the constitution's general structure, Rau ready its initial draft in February 1948.The draft of B.N. Rau consisted of 243 articles and thirteen schedules that came to 395 articles and eight schedules when discussions, debates and amendments.

At fourteen August 1947 meeting of the assembly, committees were projected.Rau's draft was thought-about, debated and amended by the eight-person drafting committee, that was appointed on twenty nine August 1947 with B. R. Ambedkar as chair.A revised draft constitution was ready by the committee and submitted to the assembly on four November 1947.Dr B. R. Ambedkar in his last speech in constituent assembly on November twenty five, 1949 declared that:

The credit that's given to ME doesn't very belong to ME. It belongs part to Sir B.N. Rau the Constitutional adviser to the Constituent Assembly WHO ready a rough draft of the Constitution for the thought of Drafting Committee.

While deliberating the revised draft constitution, the assembly emotional, mentioned and disposed off a pair of,473 amendments out of a complete of seven,635.Before adopting the constitution, the assembly command eleven sessions in a hundred sixty five days. On twenty six November 1949, it adopted the constitution,that was signed by 284 members.The day is widely known as National Law Day,or Constitution Day.The day was chosen to unfold the importance of the constitution and to unfold thoughts and ideas of Ambedkar

The assembly's final session convened on twenty four January 1950. every member signed 2 copies of the constitution, one in Hindi and therefore the different in English.the initial constitution is hand-written, with every page adorned by artists from Shantiniketan as well as Beohar Rammanohar Sinha and Nandalal Bose.Its calligraphist was Prem Behari Narain Raizada. The constitution was revealed in Dehradun and photolithographed by the Survey of Asian country. Production of the initial constitution took nearly 5 years. 2 days later, on twenty six January 1950, it became the law of Asian country.The calculable value of the Constituent Assembly was ₹6.3 large integer (₹63 million).The constitution has had over one hundred amendments since it had been enacted.

Influence of different constitutions

United Kingdom uk

• Parliamentary government

• Concept of single citizenship

• Rule of law

• The legislative speaker and their role

• Legislative procedure

United States u.  s.

• Bill of Rights

• Federal structure of government

• Electoral school

• Independent judiciary and separation of powers

• Judicial review

• President as commander-in-chief of the defense force

• Equal protection beneath law

Republic of Ireland

• Directive principles of state policy

Australia 

• Freedom of trade between states

• National legislative power to implement treaties, even on matters outside traditional federal jurisdiction

• Concurrent List

• Preamble nomenclature

France 

• Ideals of liberté, égalité, fraternité

Canada North American country

• Quasi-federal government — a federal system with a powerful central government

• Distribution of powers between the central and state governments

• Residual powers, maintained by the central government[citation needed]

Soviet Union state

• Fundamental Duties beneath article 51-A

• Mandated commission to supervise economic development

Other constitutions

• The emergency provision beneath article 356 (from the European nation city Constitution)

• Amending the constitution (from South Africa )

• Due process (from Japan )

Structure

The Indian constitution is that the world's longest for a sovereign nation. At its enactment, it had 395 articles in twenty two elements and eight schedules.At regarding a hundred forty five,000 words, it's the second-longest active constitution – once the Constitution of Alabama – within the world.

The constitution contains a preamble and 470 articles,[c] that square measure sorted into twenty five elements.[d][16] With twelve schedules[e]and 5 appendices,[16][41] it's been amended 104 times; the newest change became effective on fourteen Gregorian calendar month 2019.

Parts

The constitution's articles square measure sorted into the subsequent parts:

Preamble,[44] with the words "socialist", "secular" and 'integrity' accessorial in 1976 by the forty second amendment.

• Part I[47] – States and union territories

• Part II[48] – Citizenship

• Part III – elementary Rights

• Part IV[49] – Directive Principles of State Policy

• Part marsh elder – elementary Duties

• Part V[50] – The union

• Part VI[51] – The states

• Part VII[52] – States within the B a part of the primary schedule (repealed)

• Part VIII[53] – Union territories

• Part IX[54] – Panchayats

• Part IXA[55] – Municipalities

• Part IXB – Co-operative societies

• Part X – regular and social group areas

• Part XI – Relations between the union and also the states

• Part XII – Finance, property, contracts and suits

• Part XIII – Trade and commerce among Bharat

• Part XIV – Services below the union and states

• Part XIVA – Tribunals

• Part XV – Elections

• Part XVI – Special provisions about bound categories

• Part XVII – Languages

• Part XVIII – Emergency provisions

• Part XIX – Miscellaneous

• Part XX – Amending the constitution

• Part XXI – Temporary, transmutation and special provisions

• Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals

Schedules

Schedules square measure lists within the constitution that categorize and tabulate officialdom activity and government policy.

• First Schedule (Articles one and 4) – Lists India's states and territories, amendments in their borders and also the laws wont to build that change.

• Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221) – Lists the salaries of public officers, judges, and also the businessperson and auditor general.

• Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219) – types of oaths – Lists the oaths of workplace for nonappointive officers and judges.

• Fourth Schedule (Articles 4(1) and 80(2)) – Details the allocation of seats within the Rajya Sabha (upper house of Parliament) by state or union territory.

• Fifth Schedule (Article 244(1)) – Provides for the administration and management of regular Areas[f] and regular Tribes[g] (areas and tribes requiring special protection).

• Sixth Schedule (Articles 244(2) and 275(1)) – Provisions created for the administration of social group areas in province, Meghalaya, Tripura, and Mizoram.

• Seventh Schedule (Article 246) — Central government, state, and synchronic lists of responsibilities

• Eighth Schedule (Articles 344(1) and 351) – Official languages

• Ninth Schedule (Article 31-B) – Validation of bound acts and regulations[h]

• Tenth Schedule (Articles 102(2) and 191(2)) – Anti-defection provisions for members of Parliament and state legislatures.

• Eleventh Schedule (Article 243-G) —Panchayat dominion (rural native government)

• Twelfth Schedule (Article 243-W) — Municipalities (urban native government)

Appendices

• Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954

• Appendix II – Re-statement, pertaining to the constitution's gift text, of exceptions and modifications applicable to the state of Jammu and 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

Constitution and government

The govt, legislative and judicial branches of presidency receive their power from the constitution and square measure sure by it.With the help of its constitution, Bharat is ruled by a parliamentary system of presidency with the chief directly responsible to the general assembly. The president of Bharat is head of the chief branch, below Articles fifty two and fifty three, with the duty of conserving, protective and defensive the constitution and also the law below Article sixty. Article seventy four provides for a chief minister as head of the Council of Ministers, that aids and advises the president within the performance of their constitutional duties. The council is answerable to the lower house below Article 75(3).

The constitution is taken into account federal in nature, and unitary in spirit. it's options of a federation (a statute, supreme constitution, a three-tier governmental structure [central, state and local], division of powers, bicameralism associated an freelance judiciary) and unitary options like one constitution, single citizenship, associate integrated judiciary, a versatile constitution, a robust central government, appointment of state governors by the central government, All Bharat Services (the IAS, IFS and IPS) and emergency provisions. This distinctive combination makes it quasi-federal in type.

Each state and union territory has its own government. Analogous to the president and prime minister, every contains a governor or (in union territories) a elected official and a chief minister. Article 356 permits the president to dismiss a authorities and assume direct authority if a scenario arises within which authorities can't be conducted in accordance with constitution. This power, called president's rule, was abused as state governments came to be discharged on flimsy grounds for political reasons. once the S. R. Bommai v. Union of Bharat call,such a course of action is tougher since the courts have declared their right of review.

The 73rd and 74th change Acts introduced the system of panchayati dominion in rural areas and Nagar Palikas in urban areas.Article 370 gave special standing to the state of Jammu and Jammu and Kashmir.

Constitution and assembly

Amendments

Amendments area unit additions, variations or repeal of any a part of the constitution by Parliament.The procedure is elaborated in Article 368. associate degree change bill should be elapsed every house of Parliament by a simple fraction majority of its total membership once a minimum of simple fraction area unit gift and vote. bound amendments touching on the constitution's federal nature should even be legal by a majority of state legislatures. not like normal bills in accordance with Article 245 (except for cash bills), there's no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional change. throughout a parliamentary recess, the president cannot promulgate ordinances below his legislative powers below Article 123, Chapter III. Deemed amendments to the constitution which might be passed below the legislative powers of parliament were nullified by Article 368(1) within the ordinal change.

By July 2018, 124 change bills had been conferred in Parliament; of those, 103 became change Acts.Despite the supermajority demand for amendments to pass, the Indian constitution is that the world's most frequently-amended national governing document.The constitution is thus specific in orthography out government powers that a lot of amendments address problems proscribed by statute in different democracies.

In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was shaped to look at a constitutional update. the govt of Asian nation establishes term-based law commissions to suggest legal reforms, facilitating the rule of law.

Limitations

In Kesavananda Bharati v. State of Kerala, the Supreme Court dominated that associate degree change cannot destroy what it seeks to modify; it cannot tinker with the constitution's basic structure or framework, that area unit changeless. Such associate degree change are declared invalid, though no a part of the constitution is protected against amendment; the fundamental structure ism doesn't shield anybody provision of the constitution. per the ism, the constitution's basic options (when "read as a whole") can't be potted or abolished. These "basic features" haven't been absolutely outlined,and whether or not a selected provision of the constitution could be a "basic feature" is set by the courts.

The Kesavananda Bharati v. State of Kerala call set down the constitution's basic structure.

• Supremacy of the constitution

• Republican, democratic type of government

• Its profane nature

• Separation of powers

• Its federal character

This implies that Parliament will solely amend the constitution to the limit of its basic structure. The Supreme Court or a supreme court could declare the change null and void if this is often desecrated, when a review. this is often typical of parliamentary governments, wherever the judiciary checks parliamentary power.

In its 1967 Golak Nath v. State of geographical area call, the Supreme Court dominated that the state of geographical area couldn't prohibit any basic rights protected by the fundamental structure ism.The extent of land possession and apply of a profession, during this case, were thought-about basic rights. The ruling was turned with the confirmation of the twenty fourth change in 1971.

Constitution and judiciary

The judiciary is that the final arbiter of the constitution. Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or government act from overstepping constitutional bounds.The judiciary protects the basic rights of the individuals (enshrined within the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states).

The courts area unit expected to stay unaffected by pressure exerted by different branches of the state, voters or interest teams. associate degree freelance judiciary has been control as a basic feature of the constitution that can't be modified by the assembly or the chief.

Judicial review

Judicial review was adopted by the constitution of Asian nation from review within the us. within the Indian constitution, review is proscribed in Article thirteen. The constitution is that the supreme power of the state, and governs all laws. per Article thirteen,

• All pre-constitutional laws, if they conflict altogether or partly with the constitution, shall have all conflicting provisions deemed ineffective till associate degree change to the constitution ends the conflict; the law can once more get force if it's compatible with the constitution as amended (the ism of Eclipse).

• Laws created when the adoption of the constitution should be compatible with it, or they're going to be deemed void initially.

• In such things, the Supreme Court (or a high court) determines if a law is in conformity with the constitution. If such associate degree interpretation isn't potential attributable to inconsistency (and wherever separation is possible), the supply that is inconsistent with the constitution is taken into account void. additionally to Article thirteen, Articles thirty two, 226 and 227 offer the constitutional basis for review.

Due to the adoption of the 38th change, the Supreme Court wasn't allowed to control over any laws adopted throughout a state of emergency that infringe basic rights below article thirty two (the right to constitutional remedies).[76] The ordinal change widened Article 31C and value-added Articles 368(4) and 368(5), stating that any law elapsed Parliament couldn't be challenged in court. The Supreme Court dominated in Roman deity Mills v. Union of Asian nation that review could be a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C.

Flexibility

According to Granville Austin, "The Indian constitution is 1st and foremost a social document, and is power-assisted by its elements III & IV (Fundamental Rights & Directive Principles of State Policy, respectively) acting along, as its chief instruments and its conscience, in realising the goals set by it for all the individuals."[i]The constitution has deliberately been worded in generalities (not in obscure terms) to make sure its flexibility.legal expert, the fourth justice of the u.  s., aforementioned that a constitution's "great outlines ought to be marked, its necessary objects selected, and also the minor ingredients that compose those objects be deduced from the character of the objects themselves."A document "intended to endure for ages to come", it should be understood not solely supported the intention and understanding of its framers, however within the existing social and political context.

The "right to life" bonded underneath Article 21[A] has been swollen to incorporate variety of human rights, as well as the correct to a speedy trial; the correct to water;the correct to earn a resource,the correct to health, and also the right to education.

If the Indian constitution is our heritage bequeathed to North American country by our institution fathers, no less area unit we have a tendency to, the individuals of India, the trustees and custodians of the values that pulsate inside its provisions! A constitution isn't a parchment of paper, it's the way of life and should be lived up to. Eternal vigilance is that the value of liberty and within the end, its solely keepers area unit the individuals."

DOWNLOAD INDIAN CONSTITUTION IN PDF ( Download File )