Need for a Constitution

Need of Constitution

• A constitution establishes the foundational framework for a country's governance
• It defines the structure of power, fundamental rights, and guiding principles
• A constitution ensures accountability and prevents abuses of power and upholds the rule of law
• It safeguards citizens' liberties, helps maintain order, and promotes national identity, while fostering stability and democracy
• A constitution’s importance lies in its ability to establish the principles, rights, and structures of a government
• It protects individual liberties and promotes stability and order in society
• It sets the framework for governance, delineates powers and responsibilities of different branches, and provides mechanisms for citizen participation and accountability
• A constitution acts as a safeguard against tyranny, allows for peaceful transitions of power, and upholds national values and aspirations
• It creates a just and democratic society that respects the rights and freedoms of its citizens

Development of the Indian Constitution

• The Constituent Assembly drafted the constitution
• The assembly was elected by elected members of the provincial assemblies
• The assembly comprised 389 members, which reduced to 299 after India's partition, and took 2 years, 11 months, and 18 days to draft the constitution
• Dr. B.R. Ambedkar introduced the final draft in the Assembly on November 4, 1948 (first reading)
• The Assembly held a general discussion for five days until November 9, 1948
• The second reading (clause by clause consideration) started on November 15, 1948, and ended on October 17, 1949
• 7653 amendments were proposed, but 2473 were actually discussed
• The third reading of the draft started on November 14, 1949
• Dr. B.R. Ambedkar moved a motion to pass 'the Constitution as settled by the Assembly'
• The motion on the Draft Constitution passed on November 26, 1949, and received signatures from members and the president
• Out of 299 members, only 284 were present and signed the Constitution
• Adopted on November 26, 1949, the constitution included a Preamble, 395 Articles, and 8 Schedules
• The constitution came into force on January 26, 1950, known as the 'date of its commencement', and celebrated as Republic Day
• January 26 was chosen due to its historical significance as Purna Swaraj day was celebrated on this day in 1930, following the Lahore Session (December 1929) resolution of the INC

Salient Features of the Constitution

• The Constitution of India is the world's lengthiest written constitution, with a Preamble, 470 Articles, and 12 Schedules
• It was originally written in 1949 and has been amended numerous times since 1951
• The constitution draws from various sources, including the Government of India Act of 1935 and constitutions of other countries
• Dr. B.R. Ambedkar crafted it after examining known global constitutions
• India's Constitution establishes a federal structure, dividing powers between the central and state governments, exhibiting a unitary bias
• The constitution adopts the British Parliamentary System, emphasizing cooperation between legislative and executive organs, over the American Presidential System
• The Constitution guarantees fundamental rights to every citizen, including rights to equality, freedom of speech, and freedom of religion
• Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth
• The constitution includes directive principles to guide the government in promoting social justice, economic welfare, and the well-being of the people
• It establishes an integrated and independent judicial system led by the Supreme Court
• Fundamental Duties were added later during internal emergencies, emphasizing respecting the Constitution, protecting sovereignty, promoting brotherhood, and preserving cultural heritage
• India follows universal adult franchise, granting every adult citizen the right to vote and ensuring widespread democratic participation
• India follows the concept of single citizenship, meaning every citizen is a citizen of the entire country without separate state citizenship
• The constitution includes emergency provisions (Article 352, 356, and 360) that grant additional powers to the central government during times of crisis
• India is a secular state, ensuring equal respect for all religions and protecting them equally, with provisions for liberty of belief, equal protection, and equal opportunity
• The constitution abolishes communal representation and allows temporary reservation for scheduled castes and tribes
• The 73rd and 74th Constitutional Amendment Acts (1992) introduced a three-tier government, including local governments
• The 73rd Amendment added Part IX17 and Schedule 11, while the 74th Amendment added Part IX-A18 and Schedule 12

The Authority of Constitution

• Constitutional authorities have responsibilities and functions to govern a country or state
• They ensure the fundamental rights of citizens
• They establish procedures for various administrations, functions, government machinery, and legislation
• These authorities provide a set of basic rules to maintain social harmony
• They determine who makes decisions in society
• The authorities limit the government's power to impose decisions on citizens
• They encourage the government to fulfill citizens' aspirations

Election Commission

• Implements Article 324 to superintend, direct, and control elections
• Oversees elections to state legislatures, parliament, and the offices of vice-president and president
• Prepares and periodically revises the electoral roles to notify election dates and schedules and manages irregularities
• Advises the president and governor on matters related to the disqualification of members of parliament and state legislatures

Union Public Service Commission

• It is part of the constitution under articles 315-323
• Fulfils functions and obligations mentioned under Article 320
• Conducts examinations for recruitment to all India services, central services, and public services of union territories.
• Deals with all disciplinary matters affecting a person in a civil capacity
• Assists the states in matters related to joint recruitment

Finance Commission

• Makes recommendations to the president on matters under article 280
• Deals with the distribution and allocation of net proceeds of taxes between centers and states and among different states
• Governs the grants-in-aid to the states
• Takes measures to augment the state's consolidated fund to supplement resources of local bodies
• Submits reports on steps taken
• A recent finance commission report dealt with performance incentives for states in sectors like solid waste management, adoption of DBT, power sector etc

National Commission for Backward Classes

• Established under article 338B
• Investigates safeguards for socially and educationally backward classes
• Examines complaints related to the deprivation of rights of socially and educationally backward classes
• Advises on the planning process for the socio-economic development
• Submits reports to the president on the working of various safeguards
• Makes recommendations to union and state governments on implementing safeguards
• Discharges other functions as the president may specify

National Commission for SCs

• Established by article 338
• Investigates matters regarding safeguards provided for SCs
• Examines complaints related to the deprivation of the rights of SCs
• Advises on the planning process for the socio-economic development of SCs
• Submits reports to the president
• Makes recommendations to the union and state governments
• Discharges other functions as the president may specify

National Commission for STs

• Established by article 338-A
• Investigates matters regarding safeguards provided for STs
• Examines complaints related to the deprivation of rights of Scheduled Tribes
• Advises on the planning process for the socio-economic development for STs
• Reports to the president on the working of various safeguards
• Makes recommendations to the union and state governments regarding the measures to be taken for effective implementation of safeguards
• Discharges other functions as president may specify