Introduction
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties, government and spells out the fundamental rights, directive principles and duties of citizens. It is the longest written constitution of any sovereign country in the world, containing 444 articles in 24 parts, 12 schedules and 94 amendments, for a total of 117,369 words in the English language version. Besides the English version, there is an official Hindi translation.
It was passed by the Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950. 26 January was chosen to commemorate the declaration of independence of 1930. It declares the Union of India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote among them all, fraternity. The words "socialist", "secular", and "integrity" were added to the definition in 1976 by constitutional amendment. India celebrates the adoption of the constitution on 26 January each year as Republic Day.After coming into effect, the Constitution replaced the Government of India Act 1935 as the governing document of India.
Constituent Assembly
The Constitution was drafted by the Constituent Assembly, which was elected by the elected members of the provincial assemblies.Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Sandipkumar Patel, Dr Ambedkar, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwant Singh Mehta were some important figures in the Assembly. There were more than 30 members of scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gururng represented the Gorkha Community. Prominent 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 Dr Sachidanand Sinha. Later, Rajendra Prasad was elected president of the Constituent Assembly.The members of the Constituent Assembly met for the first time in 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 architects of India’s constitution, though drawing on many external sources, were most heavily influenced by the British model of parliamentary democracy. In addition, a number of principles were adopted from the Constitution of the United States of America, including the separation of powers among the major branches of government, the establishment of a supreme court, and the adoption, albeit in modified form, of a federal structure (a constitutional division of power between the Union (central) government and state governments)
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 copies of the document (one each in Hindi and English) on 24 January 1950. The original Constitution of India is hand-written with beautiful calligraphy, each page beautified and decorated by artists from Santiniketan including Beohar Rammanohar Sinha and others. Two days later, on 26 January 1950, the Constitution of India became the law of all the States and territories of India.
The Constitution has undergone many amendments since its enactment.
Structure
The Constitution, in its current form (March 2011), consists of a preamble, 24 parts containing 450 articles, 12 schedules, 2 appendices and 114 amendments to date. Although it is federal in nature it also has a strong unitary bias.Parts
The individual Articles of the Constitution are grouped together into the following Parts:
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Schedules
Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.- First Schedule (Articles 1 and 4)- This lists the states and territories 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)- – This lists the salaries of officials holding public office, judges, and Comptroller 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] and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).
- Sixth Schedule (Articles 244 and 275)— Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Seventh Schedule (Article 246)—The union (central government), state, and concurrent lists of responsibilities.
- Eighth Schedule (Articles 344 and 351)—The official languages.
- Ninth Schedule (Article 31-B) - Articles mentioned here are immune from judicial review.
- Tenth Schedule (Articles 102 and 191)—"Anti-defection" provisions for Members of Parliament and Members of the State Legislatures.
- Eleventh Schedule (Article 243-G)—Panchayat Raj (rural local government).
- Twelfth Schedule (Article 243-W)—Municipalities (urban local government).System of government.
Dr. Bhimrao Ramji Ambedkar was the chairman of the Constitution Drafting Committee.
Federal Structure
The Constitution provides for distribution of powers between the Union and the States. It enumerates the powers of the Parliament and State Legislatures in three lists, namely Union list, State list and Concurrent list. Subjects like national defence, foreign policy, issuance of currency are reserved to the Union list. Public order, local governments, certain taxes are examples of subjects of the State List, on which the Parliament has no power to enact laws in those regards, barring exceptional conditions. Education, transportation, criminal law are a few subjects of the Concurrent list, where both the State Legislature as well as the Parliament have powers to enact laws. The residuary powers are vested with the Union.The upper house of the Parliament, the Rajya Sabha, which consists of representatives of States, is also an example of the federal nature of the government.
Parliamentary Democracy
The President of India is elected by the Parliament and State Legislative Assemblies, and not directly by the people. The President is the head of state, and all the business of the Executive and Laws enacted by the Parliament are in his/her name. However, these powers are only nominal, and the President must act only according to the advice of the Prime Minister and the Council of Ministers.The Prime Minister and the Council of Ministers exercise their offices only as long as they enjoy a majority support in the Lok Sabha, the lower house of the Parliament, which consists of members directly elected by the people. The ministers are answerable to both the houses of the Parliament. Also, the Ministers must themselves be elected members of either house of the Parliament. Thus, the Parliament exercises control over the Executive.
A similar structure is present in States, where the directly elected Legislative Assembly enjoys control over the Chief Minister and the State Council of Ministers.
Independent Judiciary
The Judiciary of India is free of control from either the executive or the Parliament. The judiciary acts as an interpreter of the constitution, and as an intermediary in case of disputes between two States, or between a State and the Union. An act passed by the Parliament or a Legislative Assembly is subject to judicial review, and can be declared unconstitutional by the judiciary if it feels that the act violates the provisions of the Constitution.Changing the constitution
Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting.In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures.As of September 2010, there have been 108 amendment bills presented in the Parliament, out of which 94 have been passed to become Amendment Acts.Most of these amendments address issues dealt with by statute in other democracies. However, the Constitution is so specific in spelling out government powers that many of these issues must be addressed by constitutional amendment. As a result, the document is amended roughly twice a year.
The Supreme Court has ruled in Kesavananda Bharati v. State of Kerala case that not every constitutional amendment is permissible, the amendment must respect the "basic structure" of the constitution, which is immutable.
In 2000 the National Commission to Review the Working of the Constitution (NCRWC) was setup to look into updating the constitution.