Important Topics in The Constitution of India

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The Constitution of India is the supreme law of India, which lays down the framework for the governance of the country. It was adopted by the Constituent Assembly on November 26, 1949 and came into effect on January 26, 1950, which is celebrated as Republic Day in India.

The Constitution of India is the longest written constitution in the world, consisting of a Preamble and 448 articles, divided into 25 parts. Some of the key features of the Indian Constitution are:

Federal Structure: India is a federal country with a dual system of government, where powers are divided between the Central and State governments.

Fundamental Rights: The Constitution guarantees certain fundamental rights to all citizens, including the right to equality, freedom of speech and expression, freedom of religion, and the right to life and personal liberty.

Directive Principles of State Policy: The Constitution lays down certain principles that the State should strive to achieve, such as social justice, equality, and the promotion of education and health.

Separation of Powers: The Constitution provides for a separation of powers between the Legislature, Executive, and Judiciary, to prevent concentration of power in any one institution.

Independent Judiciary: The Constitution provides for an independent judiciary, which is the guardian of the Constitution and has the power to strike down any law that is found to be unconstitutional.

Parliamentary Form of Government: India follows a parliamentary form of government, where the Prime Minister and the Council of Ministers are responsible to the Parliament.

Universal Adult Suffrage: The Constitution provides for universal adult suffrage, which means that every citizen of India above the age of 18 years has the right to vote.

The Indian Constitution has been amended several times over the years, to reflect the changing needs and aspirations of the country. As of September 2021, the Constitution has been amended 104 times.

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Historical Background

The historical background of the Constitution of India can be traced back to the Indian Independence Movement, which began in the late 19th century and aimed to end British colonial rule in India. The movement was marked by a series of protests, including the Non-Cooperation Movement, the Salt Satyagraha, and the Quit India Movement.

The Indian National Congress, which was at the forefront of the independence movement, demanded a constituent assembly to draft a constitution for India. The idea was first proposed in 1934 by M.N. Roy, a socialist activist, and was later endorsed by the Congress in 1935.

In 1940, the Congress launched the ‘August Offer’, which proposed the formation of a Constituent Assembly once the war was over. The British government accepted the proposal, and in 1946, the Constituent Assembly was formed.

The Constituent Assembly was a body of 299 members, including representatives from the princely states and the British provinces. It was headed by Dr. Rajendra Prasad, who later became the first President of India.

The Constituent Assembly began its work on December 9, 1946 and took over two years to draft the Constitution. The drafting committee was chaired by Dr. B.R. Ambedkar, a prominent Dalit leader and jurist.

The Constitution of India was adopted on November 26, 1949, and came into effect on January 26, 1950. The day is celebrated as Republic Day in India, marking the transition of India from a British colonial rule to a democratic republic.

The Constitution of India draws inspiration from several sources, including the Constitutions of other countries, such as the United States, the United Kingdom, and Canada, as well as the teachings of Mahatma Gandhi and other Indian thinkers. The Constitution has been amended several times over the years to reflect the changing needs and aspirations of the country.

Drafting committee and making scheme of the Constitution

For smooth functioning of an organization, institution, or school some set of rules is required. For harmony to exist the members belonging to that group should follow the rules and abide by them. In the same way for a county to run harmoniously in a proper manner, some rules and regulations are necessary. This body of doctrines and practices that form the fundamental organizing principle of a political state is called the constitution.

Challenges

After being under British rule for almost 300 years (200 years under company rule and 100 years ) India attained independence after a consistent struggle for many decades in the form of movements and sacrifices of many freedom fighters. After attaining independence the main task before our leaders were to design a constitution. The creation of the constitution for an immense and diverse nation like India was not a simple undertaking.

The nation was conceived through a segment based on partition. This was an awful experience for individuals in India and Pakistan. Many people on both sides of the borders lost their lives in the violence created due to the partition.
Another challenge faced was the merger of princely states in the nation. The British left it to the choice of the princely states whether to unite into India or Pakistan. The making of the constitution in such a situation for a secure and stable future for the country was an immense task.
Indian diversity was a crucial factor to be kept in mind. The constitution to be made was to satisfy the people who are entangled in different religions, cultures, castes, and languages.

Advantages

Amidst these challenges, India had an advantage which is the consensus on how the nation and constitution should be. With the Indian freedom struggle, the leaders got an accurate idea about how the Indians are and what system should be right for Indian society. Even though people had some differences, the basic outline and ideas were accepted by the majority of the people. Both Motilal Nehru’s and the congress Karachi session’s reports were focused on the incorporation of all-inclusive grown-up establishments, the right to opportunity and equity, and to safeguarding the freedoms of minorities in the constitution of free India. Hence a few essential qualities were acknowledged by all pioneers much before the Constituent Assembly met.

Under British rule, India experienced the political foundations laid by them. The experience with these political foundations gave a great understanding to our leaders. The experience acquired by Indians in the working of the official foundations demonstrated to be extremely valuable for the nation in setting up its own foundations. This was reflected when many ideas and features of the government act of India 1935 were adopted into the Indian constitution.

Constituent Assembly

To design, draft and compile the constitution an assembly of elected representatives which is called the constitution assembly was created. This had 299 members elected by different provinces to ensure that there was a fair representation of all the areas of the country. Even though the Constituent Assembly was not straightforwardly chosen by individuals of India based on grown-up establishment, the Assembly contained agents of all areas of Indian Society-Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs including ladies of all these segments. The Assembly incorporated significant characters of India at that time, except for Mahatma Gandhi. The assembly was created before the partition and with the partition, the constituent assembly was also divided into two.

Sources

The Concurrent list, Freedom of trade, commerce and intercourse, and Joint-sitting of the Lok Sabha and Rajya Sabha were taken from Australia.
Parliamentary form of government, single citizenship, Rule of law, Writs, Institution of Speaker and his role, and Lawmaking were taken from the British constitution.
Directive Principles of State Policy, presidential election from the Irish constitution.
Preamble, Fundamental Rights and judicial review from USA.
Amendment, Election of Rajya Sabha members was taken from south Africa.
Emergency Provisions, Public Service Commissions, Office of Governor, Judiciary was taken from the Government of India Act 1935.
Salient features of the constitution
It was the Lengthiest Written Constitution and consisted of the Preamble, 465 Articles (divided into 25 Parts) and 12 Schedules.
The Constitution of India has acquired the greater part of it from the constitutions of different nations as well as from the Government of India Act of 1935.
Indian constitution is a rigid Constitution is one that requires an exceptional method for its change like the American constitution as well as a flexible constitution that can be altered or amended in a similar way as the normal regulations are made like the British Constitution.
The Constitution of India lays out a federal system of government with unitary bias. Hence, the Indian Constitution has been differently portrayed as ‘federal in structure but unitary in spirit’.
The Constitution of India has picked the British parliamentary System of Government. The parliamentary framework depends on the standard of participation and coordination between the legislative and executive.
The composers of the Indian Constitution have favoured an appropriate blend between British parliamentary power and American judicial supremacy. The Supreme Court, on one hand, can proclaim the parliamentary regulations as and The Parliament, can change the Significant piece of the Constitution through its constituent power.
The Indian Constitution lays out a legal framework that is incorporated also as autonomous.
The Indian Constitution ensures six fundamental rights to all the citizens
The Directive Principles of State Policy is a ‘novel element’ of the Indian Constitution and are intended for advancing the ideal of the social and financial rules system
The Constitution of India made India a secular state which means it does have an official religion.
The first constitution didn’t accommodate the basic fundamental duties of the citizens. These were added during the activity of inner crisis by the 42nd Constitutional Amendment Act of 1976.
The Indian Constitution takes on the universal adult franchise as a premise of elections to the Lok Sabha and the state legislatives.
The Indian Constitution visualizes a double government (Center and states) but it accommodates just a single citizenship.
The constitution lays out certain autonomous bodies which are independent of legislative and executive bodies.
The Indian Constitution contains emergency provisions to empower the President to meet any phenomenal circumstances.
The constitution accommodated a double government of central and state but added a third-level of government which is local government which is not found in other constitutions of the world.

It took around three years (two years, eleven months and seventeen days) for Constituent Assembly to finish its notable job of drafting the Constitution for Independent India. During this period, it held eleven meetings covering a sum of 165 days. Of these, 114 days were spent on the thought of the Draft Constitution. After completing, the constitution was adopted on November 26th 1949. But the leaders chose the day when the Purna Swaraj concept first began which is January 26th 1950 to bring it to effect which we now celebrate as Republic Day.

Influence of other constitutions

The Constitution of India draws inspiration from several other constitutions, including the Constitutions of the United States, the United Kingdom, Canada, Australia, and Ireland. Some of the key features of these constitutions that have influenced the Indian Constitution are:

Federal Structure: The Indian Constitution draws inspiration from the federal structure of the United States, with a dual system of government, where powers are divided between the Central and State governments.

Fundamental Rights: The Indian Constitution’s Bill of Rights is similar to the Bill of Rights in the United States Constitution, which guarantees certain fundamental rights to all citizens.

Directive Principles of State Policy: The Indian Constitution’s Directive Principles of State Policy are similar to the social and economic objectives set out in the Irish Constitution.

Parliamentary Form of Government: The Indian Constitution’s parliamentary form of government is similar to that of the United Kingdom, where the Prime Minister and the Council of Ministers are responsible to the Parliament.

Independent Judiciary: The Indian Constitution’s provisions for an independent judiciary are similar to those in the United States and other countries, which provide for a separate judiciary that is not subject to the control of the executive.

Amendment Procedures: The Indian Constitution’s amendment procedures are similar to those in Canada and Australia, where constitutional amendments require the approval of a certain number of states.

Emergency Provisions: The Indian Constitution’s emergency provisions are similar to those in the Weimar Constitution of Germany, which provided for emergency powers to be exercised by the President during times of crisis.

While the Indian Constitution draws inspiration from several other constitutions, it is unique in many ways, reflecting the unique history, culture, and aspirations of India. The Constitution has been amended several times over the years to reflect the changing needs and aspirations of the country.

Its salient features

The salient features of the Constitution of India are:

Sovereign, Socialist, Secular, Democratic Republic: The Constitution declares India as a sovereign, socialist, secular, democratic republic, which means that India is a self-governing country that follows a socialist economic system, has no official state religion, and guarantees the right to vote to all adult citizens.

Federal System: The Constitution provides for a federal system of government, where powers are divided between the central government and the state governments. The central government has powers over subjects of national importance, while the state governments have powers over subjects of local and regional importance.

Fundamental Rights: The Constitution guarantees certain fundamental rights to all citizens, such as the right to equality, freedom of speech and expression, freedom of religion, and the right to life and personal liberty.

Directive Principles of State Policy: The Constitution provides for Directive Principles of State Policy, which are guidelines for the central and state governments to frame policies and laws that promote the welfare of the people and establish a just and equitable society.

Independent Judiciary: The Constitution provides for an independent judiciary, with the Supreme Court at the apex, which is responsible for interpreting the Constitution and ensuring the protection of the fundamental rights of citizens.

Parliamentary Form of Government: The Constitution provides for a parliamentary form of government, where the President is the head of state, while the Prime Minister and the Council of Ministers are responsible for running the government.

Universal Adult Franchise: The Constitution guarantees the right to vote to all adult citizens, regardless of their religion, caste, gender, or economic status.

Single Citizenship: The Constitution provides for a single citizenship, which means that all citizens of India are entitled to the same rights and privileges, regardless of the state they belong to.

Secularism: The Constitution declares India as a secular country, which means that the state has no official religion and all religions are treated equally.

Independent Election Commission: The Constitution provides for an independent Election Commission, which is responsible for conducting free and fair elections at the national and state levels.

These are some of the salient features of the Constitution of India, which have made it one of the most comprehensive and progressive constitutions in the world. The Constitution has been amended several times over the years to reflect the changing needs and aspirations of the country.

Union and its Territory

The Constitution of India defines the Union and its Territory in the following way:

The Union of India: India is a Union of States and Union Territories. It is a sovereign, socialist, secular, democratic republic, consisting of 28 states and 8 Union Territories.

States: The Constitution of India divides the country into 28 states, each having its own elected government and legislature. The states have their own territory, which is defined by the Constitution.

Union Territories: The Constitution of India also provides for 8 Union Territories, which are administered by the President through an Administrator appointed by him/her. The Union Territories do not have their own elected governments and legislatures, but are governed directly by the central government.

Acquisition and Cession of Territories: The Constitution of India provides for the acquisition and cession of territories by the central government. The Parliament has the power to make laws with respect to the acquisition and cession of territories.

Formation of New States and Alteration of Boundaries: The Constitution of India also provides for the formation of new states and alteration of boundaries of existing states. The Parliament has the power to make laws with respect to the creation of new states and the alteration of the boundaries of existing states.

Overall, the Constitution of India defines the Union and its Territory in a way that reflects the country’s federal structure, while also providing for the acquisition, cession, and alteration of territories as and when required.

Basic idea about Article 1-4

Articles 1 to 4 of the Indian Constitution deal with the Union and its Territory.

Article 1 declares India as a Union of States, which consists of states and union territories. It defines the territory of India as including the territories of the states, union territories, and any other territory that may be acquired by India in the future.

Article 2 provides for the admission or establishment of new states within the Union. It empowers the Parliament to pass a law to admit new states or to alter the boundaries, names, or areas of the existing states.

Article 3 gives the Parliament the power to form new states or alter the boundaries of existing states. It requires that a bill for this purpose be introduced in either House of Parliament, and that the President must refer the bill to the state legislatures for their views. The President may then give his/her assent to the bill if it is passed by both Houses of Parliament and the state legislatures.

Article 4 deals with the power of Parliament to make laws for the formation of new states or alteration of boundaries. It provides that no such law can be made without the consent of the state concerned. The article also empowers Parliament to create or abolish legislative councils in states that have a unicameral legislature.

In summary, Articles 1 to 4 of the Indian Constitution define the Union of India, the territories of the states and union territories, and provide the framework for the admission or establishment of new states and alteration of boundaries. They reflect the federal nature of the Indian Constitution and the importance given to the states as constituent units of the Union.

Federal nature

Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states or provinces. In a federal system, the national government holds certain powers, while the constituent units (often called “states” in the United States) hold others.

The United States is a classic example of a federal system. The federal government holds powers such as the ability to regulate interstate commerce and conduct foreign policy, while individual states hold powers such as the ability to regulate commerce within their borders and oversee education.

Other countries with federal systems include Canada, Australia, Brazil, and Germany. In these countries, the division of powers between the national government and constituent units may differ, but the basic concept of federalism remains the same.

State reorganization

State reorganization refers to the process of restructuring the political boundaries and administrative divisions of a country’s states or provinces. This can involve merging, splitting, or creating new states or provinces, as well as changing their names or boundaries.

State reorganization may occur for a variety of reasons, such as addressing issues of regional imbalances or ethnic tensions, improving administrative efficiency, or responding to demands for greater regional autonomy or representation.

In some countries, state reorganization is carried out through constitutional amendments or other legislative processes, while in others it may require a referendum or other form of popular approval. The process can be complex and politically sensitive, as it may involve competing interests and concerns about the distribution of power and resources.

Examples of recent state reorganizations include the creation of Telangana as a separate state from Andhra Pradesh in India in 2014, and the merger of several states and provinces in Malaysia in 2020 to create larger administrative regions.

Different Commissions

There are many different types of commissions, but here are some examples:

Government Commissions: These are typically established by governments to carry out specific tasks, such as investigating a particular issue or making recommendations on policy matters. Examples include the U.S. Federal Trade Commission (FTC), which investigates and enforces antitrust laws, and the Australian Productivity Commission, which provides research and advice on economic policy.

Human Rights Commissions: These are independent bodies tasked with promoting and protecting human rights in a particular country or region. Examples include the Canadian Human Rights Commission, which investigates discrimination complaints, and the European Commission for Democracy through Law (also known as the Venice Commission), which provides legal advice on constitutional matters.

Inquiry Commissions: These are established to investigate specific incidents or events, often with the aim of making recommendations for change. Examples include the 9/11 Commission in the U.S., which investigated the terrorist attacks of September 11, 2001, and the Truth and Reconciliation Commission in South Africa, which investigated human rights abuses during apartheid.

International Commissions: These are established by multiple countries to address issues that cross national borders, such as trade or climate change. Examples include the World Trade Organization (WTO), which regulates international trade, and the Intergovernmental Panel on Climate Change (IPCC), which assesses the science of climate change.

Professional Commissions: These are often set up to regulate and oversee specific professions, such as medicine or law. Examples include the General Medical Council (GMC) in the UK, which regulates doctors, and the American Bar Association (ABA), which sets standards for the legal profession in the U.S.

Recent issues

As an AI language model, I don’t have personal opinions or preferences, but I can provide you with some recent issues that have been widely discussed or debated in various parts of the world:

COVID-19 Pandemic: The pandemic caused by the novel coronavirus has been one of the most significant and far-reaching global issues in recent years, affecting public health, the economy, and social life around the world.

Climate Change: Climate change and its impact on the environment, ecosystems, and human health have been a major concern for scientists, policymakers, and the public. This includes issues such as rising sea levels, extreme weather events, and biodiversity loss.

Racial and Social Justice: The issues of racism, police brutality, and social inequality have been at the forefront of public discourse in many countries, particularly in the wake of high-profile incidents of police violence against Black people.

Cybersecurity and Privacy: The increasing prevalence of cyberattacks and the collection and use of personal data by governments and private companies have raised concerns about online security and privacy.

Political Instability: Many countries have experienced political unrest and instability, including protests, civil wars, and disputed elections. These issues often reflect deeper political, economic, and social divisions within societies.

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