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Introduction:
People write and adopt a constitution because they want to make a fresh start in
their system of governance. The constitution represents a break from the past, yet it is
influenced from the past in what it accepts and what it rejects. To know more about
history we start with the arrival of British in India with whom our present legal and
constitutional system is directly associated. The seeds of British arrival in India were
sown in 1600, which grew into a grand tree until it perished in 1947 and led to the
adoption of the present constitution on 26th November 1949.
Lets us have a brief overview of that period. For the convenience of exposition we
divide the period into five parts
1. 1600-1772
2. 1773-1832
3. 1833-1856
4. 1857-1918
5. 1919-1949
For the important constitutional development, we need not go beyond the year 1858
when the British Crown assumed sovereignty over India from the East India Company,
while studying the history of the constitutional developments that led to the framing of
the Indian Constitution. The British Parliament enacted the first statute for the
governance of India under the direct rule of the British Government, viz., the
Government of India Act, 1858.
Cripps mission
In March 1942, the British government issued a draft declaration containing the
proposals about the future of India. Sir Stafford Cripps, a member of the war
cabinet, was sent out by the British cabinet to discuss the draft with the Indian
leaders.
However, the negotiation broke down as the congress insisted upon having full cabinet
government.
jurists like Alladi Krishnaswamy Iyer, B. R. Ambedkar, Benegal Narsing Rau and K. M.
Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa
Mehta, Durgabai Deshmukh and Rajkumari Amrit Kaur were important women
members. The first president of the Constituent Assembly was Sachidanand Sinha
later, Rajendra Prasad was elected president of the Constituent Assembly. The
members of the Constituent Assembly met for the first time in the year 1946 on 9
December.
Drafting
In the 14 August 1947 meeting of the Assembly, a proposal for forming various
committees was presented. 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 Ambedkar as the Chairman along
with six other members. A Draft Constitution was prepared by the committee and
submitted to the Assembly on 4 November 1947.
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.
After many
deliberations and some modifications, the 308 members of the Assembly signed two
hand-written copies of the document (one each in Hindi and English) on 24 January
1950. Two days later, the Constitution of India became the law of all the Indian lands.
Parts
Parts are the individual chapters in the Constitution, focused in single broad field of
laws, containing articles that addresses the issues in question.
Preamble
Part I - Citizenship.
Part
XII
Finance,
Property,
Part XV - Elections
Part
XVI
Special
Provisions
Part
XX
Amendment
of
the
Constitution
Schedules
Schedules are lists in the Constitution that categorizes and tabulates bureaucratic
activity and policy of the Government.
First Schedule (Articles 1 and 4) States and Union Territories This lists the
states and territories on of India, lists any changes to their borders and the laws
used to make that change.
Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221)
Emoluments for High-Level Officials This lists the salaries of officials holding
public office, judges, and Controller and Auditor-General of India.
Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219) Forms of Oaths
This lists the oaths of offices for elected officials and judges.
Fourth Schedule (Articles 4 and 80) This details the allocation of seats in the
Rajya Sabha (the upper house of Parliament) per State or Union Territory.
Fifth Schedule (Article 244) This provides for the administration and control of
Scheduled Areas[Note
1]
2]
Sixth Schedule (Articles 244 and 275) Provisions for the administration of
tribal areas in Assam,Meghalaya,Tripura,,Mizoram.
Seventh Schedule (Article 246) The union (central government), state, and
Ninth Schedule (Article 31-B) - This covers land and tenure reforms; the
accession of Sikkim with India. It may be reviewed by the courts[19].
Lawmaking procedure
Irish Constitution
French Constitution
Canadian Constitution
Australian Constitution
Freedom of trade and commerce within the country and between the states
Soviet Constitution
Fundamental Duties
Meaning of constitution:
The term constitution derived from the Latin word constitutes, which means
to form or establish. Therefore, literally, constitution means the establishment or
the framing of the fundamental law of the country, which determines the basic
structure of the political system (i.e., the principal organs) of the state or
government, and lays down the principles or rules, which govern the operations
of the principal organs of the state.
PREAMBLE
independent and embodies India is internally and externally sovereign and is free from
the control of any foreign power. Furthermore, the country has a free government,
which directly elected by the people and makes laws that govern the people.
The word `Socialist` also has significance as it implies social and economic equality.
The word added by the 42nd amendment act of 1976 during the Emergency. In addition
to that, Social equality identifies the absence of discrimination on the grounds only of
caste, colour, creed, sex, religion, or language. Besides, social equality has equal status
and opportunities.
The preamble also guarantees secularism. The word `Secular` also inserted into the
Preamble by the 42nd amendment act of 1976, during The Emergency Secularism
implies equality of all religions and religious tolerance and does not identify any official
state religion.
Preamble of Indian Constitution is also puts forth the terms, Democratic and Republic.
India follows a democratic form of government. The people of India elect their
governments at all levels such as Union, State and local by a system of universal adult
franchise.
India is also a Republic, in a country where the head of state elected directly or
indirectly, for a fixed tenure. The President of India is the titular head of the state.
Thus, the Preamble plays pivotal role and serves two purpose including and indicate to
the source from which the Constitution derives its authority and stating the objects,
which the Constitution seeks to establish and promote.
FUNDAMENTAL RIGHTS [ARTICLE 12- 32]
PART III
The purpose of the Fundamental Rights is to preserve individual liberty and democratic
principles based on equality of all members of society.
1. Right to Equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitutional remedies
7. Right to get primary Education