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Making of The Constitution
« »16-Aug-2024
Source: The Indian Express
Introduction
India has the lengthiest constitution in the world its 448 Articles in 25 Parts and 12 Schedules. Constituent assembly was established for framing of the constitution. The need for framing the constitution was first accepted by British government in the year 1940. Finally, the Cabinet Mission put forward the idea of the Constituent Assembly and it marked the beginning of the constitution of India. It took 2 years, 11 months and 18 days to complete the drafting of the constitution. The constitution was adopted on 26th November 1949. It came into force on 26th January 1950 and the day is celebrated as “Republic Day of India.”
What Was the Need for Framing of the Indian Constitution?
- It emerged from various revolutions across the world.
- Various social, historical and political factors.
- The need of new governance system emerged after the end of British Colonial Rule.
- India has vast cultures, religions, languages and traditions this led to the need for making of a uniform law in the nation.
- One of the basic objective of the constitution is to safeguard the human rights of the citizens and to protect them from arbitrary administrative actions.
- India needed to establish the principles of democracy to keep a check and balances in all the actions of the state.
- Social Justice and equality are the reason which embarked to make the rules against the long term discrimination based on caste, sex, religion, race.
What are the Sources of the Indian Constitution?
- Government of India Act, 1935: Various principles and provisions of this act were adopted for framing of the constitution such as:
- Division of Powers.
- Provincial Autonomy
- Bicameralism
- British Constitution
- Parliamentary form of government
- Rule of Law
- Legislative procedure
- Single Citizenship
- Cabinet system
- Prerogative writs
- Parliamentary privileges
- Bicameralism
- US Constitution
- Fundamental rights
- Independence of the judiciary
- Judicial review
- Impeachment of the president
- Removal of the judges of Supreme Court and High Court
- The post of Vice-President
- Irish Constitution
- Directive Principles of State Policy (DPSPs)
- Nomination of members to the Rajya Sabha (Upper House)
- Method of election of the president
- Canadian Constitution
- Federation with a strong Centre
- Vesting of residuary powers in the Centre
- Appointment of state governors by the Centre
- Advisory jurisdiction of the Supreme Court
- Australian Constitution
- Concurrent list
- Freedom of trade, commerce and intercourse
- Joint-sitting of the two Houses of Parliament
- Weimar Constitution
- Suspension of the Fundamental Rights during an emergency
- Soviet Constitution
- Fundamental duties
- Ideals of justice (social, economic and political) in the Preamble
- French Constitution
- Republic
- Ideals of liberty, equality and fraternity in the Preamble
- South African Constitution
- Procedure for amendment in the Indian Constitution
- Election of members of Rajya Sabha
- Japanese Constitution
- Procedure Established by law
What Committees were Constituted under Constituent Assembly?
- There was total eight committees constituted under the constituent assembly:
- The Union Power Committee: This committee had the responsibility to define the subject matter over which the union executive and legislature shall have power.
- This committee was headed by Pandit Jawaharlal Nehru.
- The Union Constitution Committe: This worked upon writing of the constitution of India.
- The Provincial Constituent Committee: This committee was set up to provide a model to help determine the system and form of government at the provincial level.
- This committee was headed by Sardar Vallabhbhai patel.
- Drafting Committee: This committee wprked upon the drafting of the constitution based on the reports given by other committees.
- This committee was headed by Dr. B.R. Ambedkar.
- Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas: presided over by Sardar Vallabhhai Patel. This Committee had the following five sub-committees:
- Fundamental Rights Sub-Committee
- Minorities Sub-Committee
- North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee
- Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee
- North-West Frontier Tribal Areas Sub-Committee.
- The Union Power Committee: This committee had the responsibility to define the subject matter over which the union executive and legislature shall have power.
- Rules of Procedure Committee: This committee was responsible for framing procedural rules related to including those for admission and resignation of members, conduct of business in the Assembly and its various committees, and fixing salaries and allowances of all persons involved in the Assembly’s functioning.
- The other two committees were the States committee and steering committee headed by Pandit Jawaharlal Nehru and Dr. Rajendra Prasad respectively.
- There were 13 minor committees set up under these major committees.
What are the Key Features of the Indian Constitution?
- Lengthiest constitution
- Mixture of rigidity and flexibility
- Preamble
- Socialist, welfare, secular state
- Directive Principles
- Quasi federal system
- Follows constitution and constitutionalism
Basic Structure of the Indian Constitution
- Supremacy of the Constitution
- Sovereign, democratic and republican nature of the constitution
- Separation of power between different organs of the government, i.e., the legislature, the executive and the judiciary
- Federal character of the constitution
- Secular nature of the constitution
- Unity and integrity of the country
- Rule of law
- Judicial review
- Independence of the judiciary
- Parliamentary system
- Welfare state (socio-economic justice)
- Effective access to justice
- Freedom as well as the dignity of the individual
- Harmony and balance between fundamental rights and directive principles
- Principles underlying the fundamental rights
- Principle of equality
- Powers of the Supreme Court under Articles 32 (writ jurisdiction), 136 (jurisdiction with respect to special leave petition), 141 (binding nature of law declared by the Supreme Court on all other courts), and 142 (enforcement of decrees and orders of the Supreme Court) of the Constitution.
- Powers of the High Court under Articles 226 (writ jurisdiction) and 227 (power of superintendence over all courts) of the Constitution.
- Free and fair elections
- Limited power of the Parliament to amend the constitution
Conclusion
The Indian Constitution has become the relying point of the citizens of India. It is a way through which people assert their rights and claim remedies. Constitution helps to curb the issues related to arbitrary actions by the administrations. In India today if we are freely living with dignity, it's because of the constitution. Sovereignty, Democracy and freedom, rights and duties all the governing criteria have been merged to form the biggest asset that is the Constitution of India.