Constitution of India

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CONSTITUTION OF INDIA

The Constitution of India, according to Ivor Jennings, is “The longest and the most detailed in the world.” Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties of the government. It spells out fundamental rights, directive principles and duties of citizens. The constitution of India was drafted by the Constituent Assembly. The drafting committee of the constitution consists of seven members with Dr. B. R. Ambedkar as the chairman. The Assembly took 2 years, 11 months and 18 days to pass the draft of the constitution. It was finally adopted on November 26, 1949 and it came into force on January 26, 1950. The date January 26 was chosen to commemorate the declaration of independence of 1930. It declares the Union of India sovereign, socialist, secular and democratic republic. It assures its citizens of justice, equality and liberty, and promotes among all fraternity. India celebrates the adoption of the Constitution on January 26 each year as Republic Day. It is the longest written Constitution of any sovereign country in the world. It comprises 448 Articles divided into 22 parts and 12 schedules. Being the supreme law of Country, every law enacted by the government must conform to the Constitution. Many articles of the Constitution of India were borrowed from the Government of India Act 1935. To a large extent the Act of 1935 was the basic structure on which the new Constitution was framed. Many ideas were incorporated from the Constitution of Britain, Ireland, USA, South Africa, Canada, etc. Although our Constitution has adopted some provisions from many foreign Constitutions, yet our drafting committee has tried to make the Indian Constitution a document which is the most suitable to the Indian condition and environment. According to Jawaharlal Nehru, “whatever system of government we may establish here must fit in with the temper of our people and be acceptable to them”. The aims and objectives of the Constitution are expressed in the Preamble in a nutshell. It represents the spirit and soul of the Constitution. It is the proper yardstick with which we can measure the worth of the Constitution, the text of the Preamble runs as follow: “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens; JUSTICE, Social, Economic and Political;

LIBERTY of thought, expression, faith, belief 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.” The Constitution of India is unique in many ways. It has several special features that distinguish it from other Constitution of the world. It is a detailed document in which the functions of the legislative, Executive and Judicial organs both at the Centre and in the State have been elaborately prescribed. It emphasizes on secularism. Indian Constitution has provided a system of government which is federal in form but unitary in essence and spirit. The Constitution of India is neither rigid nor flexible. It is a rather a strange mixture, with appropriate modifications, to suit Indian conditions. Constitution came into effect on January 26, 1950. So far, 45 amendments were made to the Constitution prominent. Another significant feature of Indian Constitution is that a supreme court is constituted to serve as the highest court of the Country. The Constitution made the judiciary independent of the executive. There is a provision of judicial review in the Constitution. Part III of the Constitution deals with the Fundamental Rights which are isx in number as Right to...
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