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http://en.wikipedia.org/wiki/Constitution_of_india
Constitution of India
From Wikipedia, the free encyclopedia
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Contents
1 Background
2 Previous Legislations as Source
2.1 Government of India Act 1858
2.2 Indian Councils Act 1861
2.3 Indian Councils Act 1892
2.4 Indian Councils Act 1909
2.5 Government of India Act 1919
2.6 Government of India Act 1935
2.7 Indian Independence Act 1947
3 Constituent Assembly
3.1 Drafting
4 Structure
4.1 Parts
4.2 Schedules
4.3 Appendices
5 Amendment
5.1 Limitations
6 Adoptions from other constitutions
6.1 Judicial review
7 See also
8 Notes
9 References
10 Bibliography
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11 External links
Background
Main article: Indian independence movement
The major portion of the Indian subcontinent was under British rule from 1857 to
1947. The impact of economic, political and social development during this period
helped the gradual rise of the Indian independence movement to gain
independence from foreign rule. After the First Revolution of India, 1857, the
direct rule of the British crown was established. When the Constitution of India
came into force on 26 January 1950, it repealed the Indian Independence Act.
India ceased to be a dominion of the British Crown and became a sovereign
democratic republic. 26 November 1949 is also known as National Law Day. The
Indian constitution is the world's longest constitution. At the time of
commencement, the constitution had 395 articles in 22 parts and 8 schedules. It
consists of almost 80,000 words and took 2 years 11 months and 18 days to build.
In the United Kingdom the oice of the Secretary of State for India was the
authority through whom Parliament exercised its rule (along with the Council of
India), and established the oice of Viceroy of India (along with an Executive
Council in India, consisting of high oicials of the British Government). The Indian
Councils Act 1861 provided for a Legislative Council consisting of the members of
the Executive council and non-oicial members. The Indian Councils Act 1892
established provincial legislatures and increased the powers of the Legislative
Council. Although these Acts increased the representation of Indians in the
government, their power still remained limited. The Indian Councils Act 1909 and
the Government of India Act 1919 further expanded participation of Indians in the
government.
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[12]
Indians were involved with law-making process. For this purpose, viceroy
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nominated the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
Decentralization of legislative powers.
Establishment of recent legislative councils in Bengal, NWFP and Punjab in
1862, 1866 and 1897 respectively.
Introduction of portfolio system.
It empowered the Viceroy to issue ordinances with no concurrence of the
legislative council throughout an emergency. The life of such an ordinance
was 6 months.
[13]
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of Burma, on what has come to be known as the 3 June Plan or Mountbatten Plan.
The Prime Minister of the United Kingdom announced on 20 February 1947 that:
1. British Government would grant full self-government to British India by June
1948 at the latest,
2. Partition of India and Pakistan.
3. The future of Princely States would be decided after the date of nal transfer
is decided.[19]
4. Empowering of Constitution for the nations.
On 18 July 1947, British India divided into two new independent states, India and
Pakistan, which were to be dominions under the Commonwealth of Nations until
they had each nished drafting and enacted a new constitution. The Constituent
Assembly was divided into two for the separate states, with each new Assembly
having sovereign powers transferred to it for the respective dominion. The Act
also terminated British suzerainty over the princely states, each of which was left
to decide whether to accede to one or other of the new dominions or to continue
as independent states in their own right.
Constituent Assembly
Main article: Constituent Assembly of India
The Constitution was drafted by the Constituent Assembly, which was elected by
the elected members of the provincial assemblies.[20] Dr B.R. Ambedkar, Sanjay
Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar
Vallabhbhai Patel, Kanaiyalal Munshi, Purushottam Mavalankar, Sandipkumar
Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan
Ghosh, and Balwantrai Mehta were some important gures in the Assembly.
There were more than 30 members of the 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, Benegal Narsing Rau and K. M.
Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu,
Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and Vijayalakshmi
Pandit were important women members.
The rst temporary 2-day president of the Constituent Assembly was Dr
Sachidanand Sinha. Later, Rajendra Prasad was elected president of the
Constituent Assembly.
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[20]
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Drafting
On the 14 August 1947 meeting of the Assembly, a
proposal for forming various committees was
presented.[20] 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 B. R. Ambedkar
as the Chairman along with six other members
assisted by a constitutional advisor. These
members were Pandit Govind Ballabh Pant
Kanaiyalal Maneklal Munshi (K M Munshi, ExDr. Bhimrao Ramji Ambedkar
Home Minister, Bombay), Alladi Krishnaswamy
is hailed as the prime
Iyer (Ex- Advocate General, Madras State), N
architect of the Indian
Gopalaswami Ayengar (Ex-Prime Minister, J&K and
Constitution
later member of Nehru Cabinet), B L Mitter
(Ex-Advocate General, India), Md. Saadullah (ExChief Minister of Assam, Muslim League member)
and D P Khaitan (Scion of Khaitan Business family and a renowned lawyer). The
constitutional advisor was Sir Benegal Narsing Rau (who became First Indian
Judge in International Court of Justice, 195054). Later B L Mitter resigned and
was replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara). Owing to
death of D P Khaitan, T T Krishnamachari was chosen to be included in the
drafting committee. A Draft Constitution was prepared by the committee and
submitted to the Assembly on 4 November 1947. Draft constitution was debated
and over 2000 amendments were moved over a period of two years. Finally on 26
Nov. 1949, the process was completed and Constituent assembly adopted the
constitution. 284 members signed the document and the process of constitution
making was complete.
[21]
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, 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 beautied and decorated by
artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal
Bose. Two days later, on 26 January 1950, the Constitution of India became the
law of all the States and territories of India. Rs.1,00,00,000 was oicial estimate
of expenditure on constituent assembly. The Constitution has undergone many
amendments since its enactment.
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Structure
The Constitution, in its current form (September 2012), consists of a preamble,
25[Note 2] parts containing 448 [Note 1] articles, 12[Note 3] schedules, 5
appendices[23] and 98 amendments to date.[22]
Parts
The individual Articles of the Constitution are grouped together into the following
Parts:
Preamble
Territory
of State Policy.
Part IVA Fundamental Duties.
Part V[27] The Union.
Part VI[28] The States.
Part VII[29] States in the B
part of the First
schedule(Repealed).
Part VIII[30] The Union
Territories
Part IX
[31]
Part IXA
The Panchayats.
[32]
The
Municipalities.
Provisions
Societies.
[33]
commencement, Authoritative
text in Hindi and Repeals
Tribal Areas
Part XI Relations between the
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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(3), 65(3), 75(6), 97, 125, 148(3), 158(3),
164(5), 186 and 221)- This lists the salaries of oicials holding public oice,
judges, and Comptroller and Auditor General of India.
Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and
219)Forms of Oaths This lists the oaths of oices for elected oicials and
judges.
Fourth Schedule (Articles 4(1) and 80(2)) This details the allocation of
seats in the Rajya Sabha (the upper house of Parliament) per State or Union
Territory.
Fifth Schedule (Article 244(1)) This provides for the administration and
control of Scheduled Areas[Note 5] and Scheduled Tribes[Note 6] (areas and
tribes needing special protection due to disadvantageous conditions).
Sixth Schedule (Articles 244(2) and 275(1)) 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(1) and 351)The oicial languages.
Ninth Schedule (Article 31-B) Validation of certain Acts and
Regulations.[34]
Tenth Schedule (Articles 102(2) and 191(2))"Anti-defection" provisions
for Members of Parliament and Members of the State Legislatures.
Eleventh Schedule (Article 243-D)Panchayat Raj (rural local
government).
Twelfth Schedule (Article 243-W)Municipalities (urban local government).
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Appendices
Appendix IThe Constitution (Application to Jammu and Kashmir) Order,
1954.
Appendix II Re-statement, with reference to the present text of the
Constitution, of the exceptions and modications subject to which the
Constitution applies to the State of Jammu and Kashmir.
Appendix IIIExtracts from the Constitution (Forty-fourth Amendment) Act,
1978.
Appendix IVThe Constitution (Eighty-sixth Amendment) Act, 2002.
Appendix V The Constitution (Eighty-eighth Amendment) Act, 2003.
Amendment
Main article: Amendment of the Constitution of India
See also: List of amendments of the Constitution of India
The process of re writing any part of the constitution is called amendment.
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 ratied by a majority of state legislatures.
As of September 2013 there have been 120
[3]
Parliament, out of which 98 have been passed to become Amendment Acts. [35]
Most of these amendments address issues dealt with by statute in other
democracies. However, the Constitution is so specic 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.
In 2000 the National Commission to Review the Working of the Constitution
(NCRWC) was set up to look into updating the constitution.
[36]
Limitations
Main article: Basic structure doctrine
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.
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[39]
Judicial review
Judicial review is adopted in the Constitution of India from judicial review in the
United States (see[40]). In the Indian constitution, Judicial review is dealt with
under Article 13. Judicial Review refers that the Constitution is the supreme
power of the nation and all laws are under its supremacy. Article 13 states that:
1. All pre-constitutional laws, if in part or completely in conict with the
Constitution, shall have all conicting provisions deemed ineective until an
amendment to the Constitution ends the conict. In such situation the
provision of that law will again come into force, if it is compatible with the
constitution as amended. This is called the Doctrine of Eclipse. [41]
2. In a similar manner, laws made after adoption of the Constitution by the
Constituent Assembly must be compatible with the constitution, otherwise
the laws and amendments will be deemed to be void ab initio.
3. In such situations, the Supreme Court or High Court interprets the laws to
decide if they are in conformity with the Constitution. If such an
interpretation is not possible because of inconsistency, and where a
separation is possible, the provision that is inconsistent with constitution is
considered to be void. In addition to article 13, articles 32, 226 and 227
provide a constitutional basis to judicial review in India.[42]
See also
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Constitutional economics
Constitutionalism
History of democracy
List of national constitutions
Magna Carta
Rule according to higher law
Uniform civil code of India
Notes
1. ^
a b
Although the last article of the Constitution is Article 395, the total number, as
of March 2013 is 448. New articles added through amendments have been inserted in
the relevant location in the original constitution. In order not to disturb the original
numbering, the new articles are inserted with alpha numeric enumerations. For
example, Article 21A pertaining to Right to Education was inserted by the 86th
Amendment Act.
2. ^
a b
The Constitution was in 22 Parts originally. Part VII & IX (older) was repealed in
1956, whereas newly added Part IVA, IXA, IXB & XIVA by Amendments to the
Constitution in dierent times (lastly added IXB by the 97th Amendment).
3. ^
a b
By 73rd & 74th Amendment, the lists of administrative subjects of Panchayat raj
References
1. ^ Pylee, M.V. (1997). India's
ISBN 81-219-0403-X.
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3. ^
a b
http://en.wikipedia.org/wiki/Constitution_of_india
9. ^
a b c d e f
"Indian Constitution
historical Evolution"
(http://www.thehindu.com
(http://besuccessfulnews.wordpress.co
/news/national/elders-clear-bill-to-
m/2013/09/25/upsc-m-paper-iii-gs-
set-up-judicial-appointments-
ii-indian-constitution-historical-
commission/article5096598.ece). The
underpinnings-and-evolution).
(http://www.britannica.com/eb/article-
Retrieved 2008-10-14.
47035/India#486263.hook)
(http://www.assembly.tn.gov.in/history
constitutional revolution"
(http://www.thehindu.com/opinion
/lead/indias-benign-constitutional-
revolution/article4345212.ece). The
2013.
/Const.Pock%202Pg.Rom8Fsss%283%
Constitution" (http://indiacode.nic.in
/coiweb/amend/amend42.htm).
Kripalani
17. ^ represented by Muhammad Ali
Jinnah, Liaqat Ali Khan, and Sardar
Abdul Rab Nishtar
18. ^ represented by Sardar Baldev Singh
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22. ^
a b
"THE CONSTITUTION
Nehru : a biography
(AMENDMENT) ACTS"
(http://books.google.co.in
(http://indiacode.nic.in/coiweb/coiles
/books?id=MUeyUhVGIDMC&
pg=PA151&lpg=PA151&
dq=attlee's+announcement&
source=bl&ots=vVcK14T3Vt&
December 2013.
sig=T6bg0nIdrMdX4o5lQCwqhtRYeTQ
&hl=en&
(http://lawmin.nic.in/coi/contents.htm).
sa=X&ei=IwcWUZHIBKjM0AXKo4GYC
g&ved=0CD4Q6AEwAg#v=onepage&
India.
q=attlee's%20announcement&f=false)
24. ^ Part I
25. ^ Part II
26. ^ Part IV
20. ^
a b c d
27. ^ Part V
Debates (Proceedings):(9th
28. ^ Part VI
(http://parliamentondia.nic.in
/ls/debates/debates.htm). The
31. ^ Part IX
2008-02-22.
33. ^ http://indiacode.nic.in/coiweb/amend
/amend97.pdf
34. ^ Originally Articles mentioned here
(http://parliamentondia.nic.in
/ls/debates/facts.htm). Parliament of
Archived (http://web.archive.org
/web/20110511104514/http:
//parliamentondia.nic.in/ls/debates
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/87fc/images11/4.pd)
40. ^ V. Venkatesan - A fresh look at the
(http://kurishravan.blogspot.in/2011/02
/national-commission-to-review-
working.html). Kurishravan.blogspot.in
(2011-02-23). Retrieved on
(http://www.onnet.com/2905/stories
2013-07-28.
/20120323290507900.htm) Front-line
/borrowed-features-
of-constitution.php). Retrieved 15
February 2014.
ISBN 978-81-8038-621-3.
Borrowings" (http://www.legalpoint.in
/constitution_of_india.html). Retrieved
15 February 2014.
Bibliography
Baruah, Aparajita (2007). Preamble of the Constitution of India : An Insight
& Comparison. Eastern Book Co. ISBN 978-81-7629-996-1.
Basu, Durga Das (1965). Commentary on the constitution of India : (being a
comparative treatise on the universal principles of justice and constitutional
government with special reference to the organic instrument of India) 12. S.
C. Sarkar & Sons (Private) Ltd.
Basu, Durga Das (1984). Introduction to the Constitution of India (10th ed.).
South Asia Books. ISBN 0-8364-1097-1.
Basu, Durga Das (1981). Shorter Constitution of India. Prentice-Hall of India.
ISBN 978-0-87692-200-2.
Das, Hari Hara (2002). Political System of India. Anmol Publications.
ISBN 81-7488-690-7.
Dash, Shreeram Chandra (1968). The Constitution of India; a Comparative
Study. Chaitanya Pub. House.
Ghosh, Pratap Kumar (1966). The Constitution of India: How it Has Been
Framed. World Press.
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External links
Original Unamended version of the Constitution of India (http://www.wdl.org
/en/item/2672)
Ministry of Law and Justice of India The Constitution of India Page
(http://indiacode.nic.in/coiweb/welcome.html)
Constitution of India as of 29 July 2008 (http://lawmin.nic.in
/coi/coiason29july08.pdf)
Constitutional predilections (http://www.india-seminar.com/1999/484
/484%20chiriyankandath.htm)
Commonwealth Legal Information Institute Online Copy
(http://www.commonlii.org/in/legis/const/2004/index.html)
Retrieved from "http://en.wikipedia.org/w/index.php?title=Constitution_of_India&
oldid=606025113"
Categories: Indian federal legislation 1949 in law Constitution of India
Indian historical documents Independent India
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