Dec 29, 2006

Constitution of India

This is one topic covered extensively in all prominent Competitive examinations so lets have a sneek peak at the important points:

Constitution of India

The Constitution of India was passed by the Constituent Assembly of India on November 26, 1949, and came into effect on January 26, 1950. India celebrates January 26 each year as Republic Day. It is the longest written constitution of any independent nation in the world, containing 444 articles and 12 schedules, as well as numerous amendments, for a total of 117,369 words in the English language version.

The importance of the Constitution

The Constitution lays down the basic structure of government under which the people are to be governed. It establishes the main organs of government - the executive, the legislature and the judiciary. The Constitution not only defines the powers of each organ, but also demarcates their responsibilities. It regulates the relationship between the different organs and between the government and the people.
The Constitution is superior to all other laws of the country. Every law enacted by the government has to be in conformity with the Constitution. The Constitution lays down the national goals of India - Democracy, Socialism, Secularism and National Integration. It also spells out the rights and duties of citizens.
The Constitution applies to the State of Jammu and Kashmir with certain exceptions and modifications as provided in article 370 (which is a temporary provision) and the Constitution (Application to Jammu and Kashmir) Order, 1954


History

The Cabinet Mission

World War II in Europe came to an end on May 9, 1945. In July, a new government came to power in the United Kingdom. The new British government announced its Indian Policy and decided to convene a constitution drafting body. Three British cabinet ministers were sent to find a solution to the question of India's independence. This team of ministers was called the Cabinet Mission.
The Cabinet Mission discussed the framework of the constitution and laid down in some 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 July-August 1946. With the independence of India on August 15, 1947, the Constituent Assembly became a fully sovereign body. The Assembly began work on 9 December 1947.

The Constituent Assembly

The people of India elected the members of the provincial assemblies, who in turn elected the members of the Constituent Assembly.
The Constituent Assembly had members belonging to different communities and regions of India. It also had members representing different political persuasions. Jawaharlal Nehru, Rajendra Prasad, Sardar Patel, Maulana Abul Kalam Azad and Shyama Prasad Mukherjee were some important figures in the Assembly's discussions. There were more than 30 members of the scheduled classes. The Anglo-Indian community was represented by Frank Anthony 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. Constitutional experts like Alladi Krishnaswamy Aiyer, B.R. Ambedkar, B.N. Rau and K.M. Munshi were also members of the Assembly. Sarojini Naidu and Vijaylakshmi Pandit were important women members.
Dr. Sachidanand Sinha was the first president of the Constituent Assembly. Later, Dr.Rajendra Prasad was elected president of the Constituent Assembly while B.R. Ambedkar was appointed the Chairman of the Drafting Committee.
The Constituent Assembly met for 166 days, spread over a period of 2 years, 11 months and 18 days. Its sessions were open to the press and the public.

Objectives Resolution

The underlying principles of the Constitution were laid down by Jawaharlal Nehru in his Objectives Resolution:
India is an Independent, Sovereign, Republic;
India shall be a Union of erstwhile British Indian territories, Indian States, and other parts outside British India and Indian States as are willing to be a part of the Union;
Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration, except those assigned to or vested in the Union;
All powers and authority of sovereign and independent India and its constitution shall flow from the people;
All people of India shall be guaranteed and secured social, economic and political justice; equality of status and opportunities before law; and fundamental freedoms - of talk, expression, belief, faith, worship, vocation, association and action - subject to law and public morality;
The minorities, backward and tribal areas, depressed and other backward classes, shall be provided adequate safeguards;
The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilized nations;
The land would make full and willing contribution to the promotion of world peace and welfare of mankind.