IAS Prelims: General Studies (Indian Polity) - Historical Underpinnings of the Constitution of India
HISTORICAL UNDERPINNINGS OF THE CONSTITUTION OF INDIA
WHAT IS CONSTITUTION
- Framing or Making of the Indian Constitution
- Guidelines Laid Down for Framing the Constitution
- Different Sources of the Indian Constitution
A Constitution is a document of people faith and aspirations possessing a special legal sanctity. It is the fundamental law of a country and all other laws and customs of the country in order to be legally valid shall conform to the constitution. It is the supreme law of the land. It sets out the framework and the principal functions of various organs of the government, viz , the Executive. Legislature and judiciary as well as relations between the government and the people which is called citizenship. It prescribes the extent of the sovereign powers of the organs of the government and the manner of its exercise. In short, a Constitution is the rule book of a nation. Codifying The rule of law.
FARMING OR MAKING OF THE INDIAN CONSTITUTION
The present Constitution of India was framed by an elected Constituent Assembly, and was formally adopted on 26th November, 1949. It came into force on 26th January 1950 - as desired by Pandit Nehru. The Constituent Assembly was set up under the Cabinet Minister (1946) proposal to draft a Constitution for independent India. It was a large representative body having385 members of which 292 were elected by the elected members of the provincial Legislative Assemblies while 93 members were nominated by the princely States But when the Muslim League decided to withdraw its members form the Constituent Assembly of India and with the creation of a separate Constituent Assembly for Pakistan on july16, 1947. The membership of the Constituent Assembly of India was reduced t 299, out of which 299 represented the Provinces and 70 were nominated by the Princely State.
The first meeting of the Constituent Assembly had Taken place on December 9, 1946 with Dr. Sachidanand Sinha as the interim President. Subsequently, Dr. Rajendra Prasad was elected as its President on 11th December 1946 . To cope with the wide range of the specialized tasks, the Constituent Assembly formed major Committees to outline the proposed Constitution such as, Committee on Union Constitution, Union Powers Committee (both headed by J.L. Nehru), Committee on Fundamental Rights, Advisory Committee (both headed by Sardar Vallabhbhai Patel), Committee on Concessions to Minorities, Committee on the Supreme Court and the High Courts etc. All these Committees Submitted their reports which were widely discussed by the Constituent Assembly.
GUIDELINES LAID DOWN FOR FRAMING THE CONSTITUTION
The Constitution is the supreme law of the nation. It cannot be draft or adopted in a hurry. It must have a philosophical base reflecting the nation’s ethos and the reason of the leaders past and present. The philosophy underlying the Indian Constitution was embodied quite early in the objective resolution which was moved in the first session of the Constituent assembly on December 13, 1946 by Pt. J.L. Nehru and adopted after Considerable debate and deliberation in the assembly on January 22 1947.
1. To foster unity of the nation and to insure its economy and political
security, to have a written Constitution, and to proclaim India has a Sovereign
Democratic Republic.
2. To have federal from of government with the distribution of powers
between the centre and the states.
3. To guarantee and secure justice, inequality freedom of thought,
expression, belief, faith, worship, vocation, association and action to all the
people of India.
4. To provide adequate safeguards for minorities, backward and tribal
areas and depressed and other backward classes.
5. To maintain the integrity of the territory of the republic and the
sovereign rights of land, sea and air according to the law of civilized nations.
6. To attain right full and honoured place in the world and make willing
contribution to the promotion of world pace and the welfare of mankind.
DIFFERENT SOURCES OF THE INDIAN CONSTITUTION
The architects of Indian Constitution went through all the then exiting major Constitutions of the world before drafting their own and as Dr. Ambedkar observed, they tried to accommodate the best possible and time-tested features of each of them to the requirement of the country. Therefore, Constitution of India is often described as ‘a bag of borrowings’ as it freely drew from the Constitutions of various other countries and the Government of India Act,1935. But, the largest influence was exercised on them by the Government of India Act, 1935.
Country |
Constitutional of provisions borrowed |
Government of India Act 1935 |
Federal scheme, Declaration of emergency powers, Ordinance making power of president and governor, Office of governor, Power of federal judiciary, and Administrative structure both at centre and state level. |
U.K. (England) |
Parliamentary System, Bicameral Parliament, Prime Minister, Council of Minister, Single Citizenship, Office of CAG, Writ jurisdiction of courts, Rule of law |
USA |
Written Constitution, Fundamental Rights, Supreme Court, President as executive Head of state, Vice President as chairman of council of states, and judicial Review |
Australia |
Concurrent List Cooperative federalism, and Centre-State Relationship |
Erstwhile USSR |
Fundamental Duties |
Germany (Weimer constitution) |
Provisions concerning suspension of Fundamental rights during emergency and Ballot system |
Canada |
Federal system and Residuary Powers |
South Africa |
Procedure of Constitution Amendment and Electing member of Rajya Sabha |
Ireland |
Concept of directive Principles of State Policy, Nomination of members to RS by President, and Method of Presidential election |
Schedules of the Indian Constitution
The constitution of India at the time of adoption had only eight Schedules to which four more were added during the last fifty-seven years through various amendments.
First Schedule |
Contains the list of the States and Union Territories. |
Second Schedule |
It consists of five parts: Part A: Emoluments to the President of India and the Governors of States. Part B: Omitted by Constitution (Seventh Amendment) Act,1956 Part C: Contains provisions about the speaker/ Deputy Speaker or Chairman/Vice chairman of the Lok Sabha, Rajya Sabha and State Legislative Assemblies or Councils. Part D: Emoluments of the judges of the Supreme Court and High courts. Part E: Provision of Comptroller and Auditor General of India . |
Third Schedule |
Contains oaths and affirmations to be made by the union and state ministers, Members of Parliament, State Legislatures, CAG, Supreme Court and High Court judges |
Fourth schedule |
Allocation of seats of each state and union Territories in the Council of states. |
Fifth Schedule |
Provision of administration and control of Scheduled areas. |
Sixth Schedule |
Provision of administration of tribal Areas of Assam, Meghalaya, Tripura and Mizoram and also about the administration in these areas. |
Seventh Schedule |
Distribution of powers between the union and the state Government. (union list, state list and concurrent list) |
Eight Schedule |
The 22 languages recognized by the constitution. |
Ninth Schedule |
Acts and rules that are protected by article 31B – land reforms (Added by 1st Constitutional amendment act, 1951) |
Tenth Schedule |
Contains the provision of Anti-defection Law (introduced by 52nd Constitutional amendment Act.) |
Eleventh Schedule |
Contains the 29 subjects over which the panchayats have jurisdiction (added by 73rd constitution amendment Act). |
Twelfth Schedule |
Contains the 18 subjects over which the municipalities have jurisdiction (added by 74th Constitutional Amendment Act). |
Parts of the India constitution
Parts |
Title |
Articles |
Part I |
The Union and its Territory |
Articles 1-4 |
Part II |
Citizenship |
Articles 5-11 |
Part III |
Fundamental Rights |
Articles 12-35 |
Part IV |
Directive Principles of State Policy |
Articles 35-51 |
Part IV-A |
Fundamental Duties |
Articles 51 A |
Part V |
The Union |
Articles 52-151 |
Part VI |
The States |
Articles 152-237 |
Part VII |
Repealed |
|
Part VIII |
The Union Territories |
Articles 239-241 |
Part IX (added by 73rd Amendment Act |
The Panchayats |
Articles 243-243o |
Part IX-A (added by 74th Amendment Act) |
The Municipalities |
Articles 243P-243ZG |
Part IX-B (added by 97th Amendment Act) |
The Co-operative Societies |
|
Part X |
The Scheduled and tribal areas |
Articles 244-244A |
Part XI |
Relation between the Union and the States |
Articles 245-263 |
Part XII |
Finance, Property, Contracts and suits |
Articles 264-300A |
Part XIII |
`Trade, Commerce and Intercourse within the territory of India |
Articles 301-307 |
Part XIV |
Services under the Union and the States |
Articles 308-323 |
Part XIV-A (added by 42nd amendment Act |
Tribunals |
Articles 323A-323B |
Part XV |
Elections |
Articles 324-329 |
Part XVI |
Special Provisions relating to certain areas |
Articles 330-342` |
Part XVII |
Official language |
Articles 343-351 |
Part XVIII |
Emergency Provisions |
Articles 352-360 |
Part XIX |
Miscellaneous |
Articles 361-367 |
Part XX |
Amendment of the Constitution |
Articles 368 |
Part XXI |
Temporary, Transitional and special provisions |
Articles 369-392 |
Part XXII |
Short Title, Commencement, Authoritative text in Hindi and repeals |
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