Part 1 – Introduction to Constitution of India , Introduction to Indian Constitutional Law

Part 1 – Introduction to Constitution of India , Introduction to Indian Constitutional Law



In 1946, British Prime Minister Clement Attlee formulated a cabinet mission to India to discuss and finalize plans for the transfer of power from England to Indian leadership as well as provide India with independence under Dominion status in the Commonwealth of Nations.

The Mission discussed the framework of the constitution and laid down in detail the procedure to be followed by the constitution drafting body.


Elections for the 296 seats assigned to the British Indian provinces were completed by August 1946.

The Constituent Assembly first met and began work on 9 December 1946.

The Mission held talks with the representatives of the Indian National Congress and the All-India Muslim League, the two largest political parties in the Constituent Assembly of India.

After consultation Mission proposed its first plan over the composition of the new government on May 16, 1946.
But INS and Muslim League did not agree.

2nd Plan was given on May 16, 1946 but this plan was again rejected.

3rd Plan was given on June 16, 1946 –
As per this plan it was decided that India to be divided into Hindu-majority India and a Muslim-majority Pakistan.

Which party said what, which party did what is not important today in this global village.
Reality is India was divided into 2 nations.
India and Pakistan.

On 3rd June 1947, Louis Mountbatten, first Earl Mountbatten of Burma and the last viceroy of India, announced the partitioning of British India into India and Pakistan.

The Indian Independence Act 1947 was the statute (10 and 11 Geo VI, c. 30) enacted by the Parliament of the United Kingdom promulgating the partition of India and the independence of the dominions of Pakistan and India.
The Act received royal assent on 18 July 1947.

On 14th August 1947, Pakistan was declared a separate nation and at midnight, on 15th August 1947, India became an independent nation.

The constituent assembly met on August 14, 1947 and various decisions were taken in the committee.
The concept of Indian Flag was taken in the assembly meeting.
A flag with three colors, Saffron, White and Green with the Ashoka Chakra was selected.
Furthermore, the National Emblem of India was decided and it has been taken from the Sarnath Lion Capital of Ashoka.


26 November 1949 is also known as National Law Day.
When the Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act.

The Constituent Assembly met for the first time in New Delhi on 9 December, 1946 in the Constitution Hall which is now known as the Central Hall of Parliament House

The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise) to complete its historic task of drafting the Constitution for Independent India.

During this period, it held eleven sessions covering a total of 165 days. Of these, 114 days were spent on the consideration of the Draft Constitution.

As to its composition, members were chosen by indirect election by the members of the Provincial Legislative Assemblies, according to the scheme recommended by the Cabinet Mission.
The arrangement was:
(i) 292 members were elected through the Provincial Legislative Assemblies;
(ii) 93 members represented the Indian Princely States; and
(iii) 4 members represented the Chief Commissioners' Provinces.

The total membership of the Assembly thus was to be 389.
However, as a result of the partition under the Mountbatten Plan of 3 June, 1947, a separate Constituent Assembly was set up for Pakistan and representatives of some Provinces ceased to be members of the Assembly.
As a result, the membership of the Assembly was reduced to 299.

On 29 August, 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India.
While deliberating upon the draft Constitution, the Assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled.

Who were the members of the Drafting Committee of the Constitution?
Answer
1.Dr. B.R. Ambedkar was the Chairman.

2.Gopalaswami Ayyanagar,

3.Alladi Krishnaswami Ayyar,

4.K.M. Munshi,

5.Sayed Mohd. Saadulla,

6.N, Madhava Rau

7.D.P. Khaitan.

How much money did it cost to prepare the Constitution?
Answer –
Nearly 6.4 crore rupees of were spent on the preparation of the Constitution.

The Constitution of India was adopted on 26 November, 1949 and members appended their signatures to it on 24 January, 1950.
In all, 284 members actually signed the Constitution.

The Constitution of India came into force on 2 6 January, 1950.
On that day, the Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in1952

The term constitution is a Latin word that denotes an important law. A constitution is a codified written document which is the system for government.

Which Part of Indian Constitution is borrowed from which nation?

British Constitution

1.Parliamentary form of government

2.The idea of single citizenship

3.The idea of the Rule of law

4.Institution of Speaker and his role

5.Lawmaking procedure

United States Constitution

1.Charter of Fundamental Rights, which is similar to the United States Bill of Rights

2.Federal structure of government

3.Power of Judicial Review and independence of the judiciary

Irish Constitution

1.Constitutional enunciation of the directive principles of state policy

French Constitution

1.Ideals of Liberty, Equality and Fraternity

Canadian Constitution

1.A quasi-federal form of government (a federal system with a strong central government)

2.The idea of Residual Powers

Australian Constitution

1.The idea of the Concurrent list
2.Freedom of trade and commerce within the country and between the states

Soviet Constitution

1.The Planning Commission and Five-Year Plans
2.Fundamental Duties

The Constitution of India is the Supreme legislation in India.
It outlines the fundamental political principles and establishes the basic structure, procedure, duties and powers of the Indian Government.
Also, it provides for directive principles, fundamental rights and duties of citizens.
The Constitution of India declares India as a sovereign, democratic and secular country. Further, it ensures justice, equality and liberty to all Indian citizens.
It also promotes integrity, socialism and secularism.

The Preamble is not a part of the Constitution of India as it is not enforceable in a court of law.
Nevertheless, the Preamble is useful as an interpretive tool.
It is an integral part of the constitution and describes the basic structure of the constitution of India.

The Preamble of the constitution of India puts forth:

"We, The People of India, Having Solemnly Resolved To Constitute India Into A Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens:

Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity; and to promote among them all
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;
In Our Constituent Assembly This Twenty-Sixth Day of November, 1949, Do Hereby
Adopt, Enact and Give To Ourselves This Constitution"

However, the original draft of the constitution had only the words `Sovereign Democratic Republic` in the first line.
The words `Socialist and Secular` were inserted by the 42nd amendment and the words `Unity of the Nation` were changed to `Unity and Integrity of the Nation.`

Structure and Parts of the Indian Constitution –

The Constitution, in its current form, consists of a preamble, 22 parts containing 395 articles, 12 schedules, 2 appendices and amendments to date.

Parts

Parts are the individual chapters in the Constitution, focusing on specific issues of law.

Preamble
Part I[11] - Union and its Territory
Part II[12] - Citizenship.
Part III - Fundamental Rights
Part IV[13] - Directive Principles and Fundamental Duties.
Part V[14] - The Union.
Part VI[15] - The States.
Part VII[16] - States in the B part of the First schedule(Repealed).
Part VIII[17] - The Union Territories
Part IX[18] - Panchayat system and Municipalities.
Part X - The scheduled and Tribal Areas
Part XI - Relations between the Union and the States.
Part XII - Finance, Property, Contracts and Suits
Part XIII - Trade and Commerce within the territory of India
Part XIV - Services under the Union, the States and Tribunals
Part XV - Elections
Part XVI - Special Provisions Relating to certain Classes.
Part XVII - Languages
Part XVIII - Emergency Provisions
Part XIX - Miscellaneous
Part XX - Amendment of the Constitution
Part XXI - Temporary, Transitional and Special Provisions
Part XXII - Short title, date of commencement, Authoritative text
Schedules

Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.

First Schedule (Articles 1 and 4) — States and Union Territories – This lists the states and territories on 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) — Emoluments for High-Level Officials – This lists the salaries of officials holding public office, judges, and Controller 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[Note 2] (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).

Continued –

Reality Views by sm –
Sunday, January 23, 2011

Suggested Reading –

Complete Indian Legal History from year 1600 to 1935 Part 1 to last Part 38