Thursday, February 23, 2017

Some Must Know Facts About Indian Constitution

Introduction

The notion of Constituent Assembly was first envisioned in the year 1934 by a communist leader known as M. N. Roy.

The Indian National Congress in the year 1935 made an official demand for the framing of Constitution of India.

Three years down the line, Pandit Jawaharlal Nehru made a declaration that “The Constitution of Free India Must be Framed, Without Outside Interference, By Constituent Assembly Elected on the Basis of Adult Franchise”.

The British Government finally accepted the demand and it was known as August Offer of 1940.

Cripps Proposal was framed for an independent constitution of India which was later on rejected by Muslim League because it wanted the country to be partitioned into 2 different constituent assemblies.

Enactment of the Constitution

The final draft of our constitution was first presented by B R Ambedkar in the Assembly on 4th November 1948 where the matter was discussed over a period of 5 days.

There were two more readings by the Constituent Assembly on 15th November 1948 and 14th November 1949.

Finally the Constitution was enacted on 26th of November 1949 by a total of 299 members.

The constitution contained a Preamble, 8 Schedules and 395 Articles.

It is to be noted that Dr. Ambedkar played a pivotal role in the enactment of the constitution. It is because of his diligent and laborious work that he is known today as “Father of Constitution of India”.

Enforcement of the Constitution

The major provisions of the Indian Constitution came into effect on 26th November 1949 itself and the remaining ones came into force on India’s first Republic Day which was on 26th January 1950.

It is a golden day in the history of India because it is the day when the Constitution was enforced and commenced its operation.

January 26 was chosen for the enforcement of Constitution because on this very day back in 1930 Poorna Swaraj was celebrated by the members of Indian National Congress.

With Constitution of India coming into effect, the Government of India Act of 1935 and Indian Independence Act of 1947 were completely repealed.

Basic Structure of the Indian Constitution

The constitution of India is the largest constitution in the entire world.

When it was commenced back in 1949, it had 8 Schedules and 395 Articles in 22 parts.

Initially it was made up of eighty thousand words. The constitution has been modified over the years and the current form which was modified in October 2015 in which it has 100 amendments, 5 appendices, 12 schedules, 448 articles and a preamble.

The Constitution is grouped together into 22 different parts that are mentioned below:

Part 1: Union and Territories

Part 2: Citizen

Part 3: Fundamental Rights of the Indian Citizens

Part 4: Directive Principles

Part 4A: Fundamental Rights

Part 5: The Union

Part 6: The States

Part 7: States in First Schedule’s B Part

Part 8: Union Territories

Part 9: Panchayats

Part 9A: Municipalities

Part 10: Scheduled & Tribal Areas

Part 11: Relationship Between States and Union

Part 12: Suits, Contracts, Property and Finance

Part 13: Trade and Commerce within Indian Territory

Part 14: Services under States and Union

Part 14A: Tribunals

Part 15: Elections

Part 16: Special Provisions Pertaining to Classes

Part 17: Languages

Part 18: Emergency Provisions

Part 19: Miscellaneous

Part 20: Amendments of Indian Constitution

Part 21: Temporary and Transitional Provisions

Part 22: Title, Date Commencement and Text in Hindi

Schedules are nothing but lists in Indian Constitution that tabulates and categorizes different bureaucratic policies and activities of Government. There are 12 schedules that are discussed below:

Schedule 1: States and Territories of India

Schedule 2: Salary of Judges, CAG of India and other Government Officials

Schedule 3: Office Oaths for Judges and Government Officials

Schedule 4: Seats Allotted in Rajya Sabha

Schedule 5: Control and Administration of Scheduled Areas

Schedule 6: Administration of Mizoram, Tripura, Meghalaya and Assam

Schedule 7: Union, States and Responsibilities

Schedule 8: Official Languages in India

Schedule 9: Validation of Some Acts

Schedule 10: Anti Defect Provision of State Legislature and Indian Parliament

Schedule 11: Panchayati Raj in India

Schedule 12: Municipalities in India

Conclusion

It is to be noted that Indian Constitution is the first and only social document of the nation which is aided by Fundamental Rights and Directive Principles of the State Policy.

The constitution acts together in the realization of goals set for all the citizens of India. The provisions of the Constitution have been consciously worded in general terms.

It has been done to make sure that the contents are easily understood by the citizens of the nation thereby making the Constitution an organic and living document.

In a nutshell, the Constitution is a national heritage that has been bequeathed to us by our founding fathers. It is not just a parchment of paper but a way of life and how to be lived up to.

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