IAS Prelims: General Studies (Indian Polity) - Historical Underpinnings of the Constitution of India

HISTORICAL UNDERPINNINGS OF THE CONSTITUTION OF INDIA


http://www.iasplanner.com/civilservices/images/indian-polity.pngWHAT 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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