Constitution of India - PDF

 Timeline of formation of the Constitution of India 6 December 1946: Formation of the Constitution Assembly (in accordance with French practice). 9 December 1946: The first meeting was held in the constitution hall (now the Central Hall of Parliament House). 11 D...

 Timeline of formation of the Constitution of India 6 December 1946: Formation of the Constitution Assembly (in accordance with French practice). 9 December 1946: The first meeting was held in the constitution hall (now the Central Hall of Parliament House). 11 December 1946: The Assembly appointed Rajendra Prasad as its president, H. C. Mukherjee as its vice-chairman and B. N. Rau as constitutional legal adviser. 13 December 1946: An 'Objective Resolution' was presented by Jawaharlal Nehru, laying down the underlying principles of the constitution. This later became the Preamble of the Constitution. 22 January 1947: Objective resolution unanimously adopted. 22 July 1947: National flag adopted.  15 August 1947: Achieved independence. India split into the Dominion of India and the Dominion of Pakistan. 29 August 1947: Drafting Committee appointed with Dr. B. R. Ambedkar as its Chairman. (The other 6 members of committee were Munshi, Muhammed Sadulla, Alladi Krishnaswamy Iyer, N. Gopalaswami Ayyangar, Khaitan and Mitter.) 26 November 1949: The Constitution of India was passed and adopted by the assembly. 24 January 1950: Last meeting of Constituent Assembly. The Constitution was signed and accepted. (with 395 Articles, 8 Schedules, 22 Parts) 26 January 1950: The Constitution came into force.  Our Constitution: The process took 2 years, 11 months and 18 days The Constitution Was Originally Written in Hindi and English It Is the Longest Constitution in the World It Was Handwritten by Prem Behari Narain Raizada Each Page Was Decorated by Artists from Shantiniketan The Original Copies Are Stored in Special Cases in the Library of the Parliament of India. The Constitution Declares India a Sovereign, Socialist, Secular and Democratic Republic Constitution of India: A 'Bag of Borrowings'  The Philosophy of the Constitution: Independent and Sovereign Republic Democracy Justice Liberty, Equality and Fraternity Socialism Fundamental Rights Fundamental Duties  The Philosophy of the Constitution: For the philosophy underlying our constitution we must look back into the historic Objectives Resolution of Pandit Nehru (22 January 1947). It inspired the shaping of the constitution through all its subsequent stages. The Preamble: Resolution is reflected in the Preamble to the constitution which summarises the aims and objectives of the Constitution.  The Preamble: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY, of thought, expression, belief, faith 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 Preamble to our Constitution serves two purposes: a) It indicates the source from which the constitution derives its authority. b) It also states the objects which the constitution seeks to establish and promote.  Independent and Sovereign: The Constitution of Indian is ordained by the people of India through their representatives assembled in a sovereign Constituent Assembly which was component to determine the political future of the country in any manner it liked. Sovereignty means the independent authority of the state. It means that it has the power to legislate on any subject; and that is not subject to the control of any other state or external power.  Republic: The source of all authority under the constitution is the people of India and there is no subordination to any external authority. We have elected president at the head of our state, and all office including that of the president will be open to all citizens.  Promotion of International Peace: Art 51 of the Constitution states a) Promote international peace and security. b)Maintain just and honourable relations between nations. c)Foster respect international law and treaty obligations in the dealings of organised people with one another. d) Encourage settlement of international disputes by artibitration.  Democracy: Democratic Republic- not only from political but also from social standpoint. It envisages not only a democratic form of government but also a democratic society, infused with the spirit of justice, liberty, equality and fraternity. It is a Representative Democracy. The people of India are to exercise their sovereignty through parliament at the Centre and a Legislature in each State, which is to be elected on adult franchise and to which the real executives, namely, the Council of Ministers shall be responsible.  Though there shall be an elected president at the head of the Union and Governor nominated by the president at the head of each state, neither of them can exercise any political function without the advice of the Council of Ministers. The Constitution holds out equality to all the citizens in the matter of choice of their representatives, who are to run the governmental machinery.  Government of the People, by the People and for the People  Political Justice means the absence of any arbitrary distinction between man and man in the political sphere. In order to endure the political justice held out by the preamble, it was essential that every person in India should be allowed to participate in the political system. Universal adult franchise was adopted with this object in view. -ONE MAN ONE VOTE The offering of equal opportunity to men and women irrespective of their caste and creed in the matter of public employment also implemented this democratic ideal.  Economic Justice: The banishment of poverty by multiplication of the national wealth and resources and an equal distribution thereof amongst all who contribute towards its production. The ideal of economic justice is to make equality of status meaningful and life worth living at its best removing inequalaity of opportunity and of status- social, economic and political.  Social Justice is a fundamental right. It is the comprehensive form to remove social imbalance by law harmonizing the rival claims or the interests of different groups to build up a welfare state. Liberty, Equality and Fraternity have to be secured and protected with social justice and economic empowerment and political justice to all the citizens under the rule of law.  Liberty: Democracy in any sense, cannot be established unless certain minimal rights, which are essential for a free and civilised existence, are assured to every member of the community. The Preamble mentions these essential individual rights as ‘freedom of thought, expression, belief, faith and worship’ and these are guaranteed against all the authorities of the State by Part III of the Constitution. Liberty should be coupled with social restraint and subordinated to the liberty of the greatest number for common happiness.  Equality: Guaranteeing of certain rights to each individuals would be meaningless unless all inequality is banished from the social structure and each individual is assured of equality of status and opportunity for the rights guaranteed to him. This object is secured in the body of the Constitution, by making illegal all discriminations by the state-between citizen and citizen, simply on the ground of religion, race, caste, sex or place of birth; by throwing open public places to all citizens; by abolishing untouchability ; by abolishing titles of honour ; by offering equality of opportunity in matters relating to employment under the state; by guaranteeing equality before the law and equal protection of the laws, as justiciable rights.  In addition to the above provisions to ensure civic equality the Constitution seeks to achieve political equality by providing for universal adult franchise. Apart from these general provisions, there are special provisions in the Directive Principles which enjoin the State to place the two sexes on an equal footing in the economic sphere, by securing to men and women equal right to work and equal pay for equal work.  From Socialistic Pattern of Society to Socialism: The realisation of so many objectives would certainly mean an expansion of the functions of the state. The goal envisaged by the constitution, therefore, is that of a ‘Welfare State’ and the establishment of a ‘socialist state’. The goal of the Indian polity is socialism was ensured by inserting the word ‘socialist’ in the Preamble, by the Constitution (42nd Amendment) Act, 1976. It has been inserted “to spell out expressly the high ideals of socialism”.  Though the word ‘Socialism’ is vague, our Supreme Court has observed that its principal aim is to eliminate inequality of income and status and standard of life, and to provide a decent standard of life to the working people. The Indian Constitution therefore, does not seek to abolish private property altogether but seeks to put it under restraints so that it may be used in the interests of the nation, which includes the upliftment of the poor. Instead of a total nationalization of all property and industry, it envisages a ‘mixed economy’, but aims at offering ‘equal opportunity’ to all, and the abolition of vested interests. From 1992 onwards the trend is now away from socialism to privitisation. Need for Unity and Integrity of the Nation: Democracy would indeed be hollow if it fails to generate this spirit of brotherhood amongst all sections of the people, a feeling that they are all children of same soil, the same motherland. It becomes all the more essential in a country like India, composed of so many races, religions, languages and cultures. It is the spirit of brotherhood that the Preamble of our constitution reflects.  A secular State guaranteeing Freedom of Religion to all: The unity and fraternity of the people of India, professing numerous Faiths, has been sought to be achieved by enshrining the ideal of a ‘Secular State’, which means that the State protects all religions equally and does not itself uphold any religion as the State religion. Secularism is a part of the basic structure of the Constitution. The liberty of belief. Faith and worship promised in the Preamble is implemented by incorporating the fundamental rights of all citizens relating to ‘freedom of religion’ in Arts 25-29, which guarantee to each individual freedom to profess, practice and propagate religion, assure strict impartiality on the part of the State and its institutions towards all religions.  Dignity of the Individual: The Preamble says that the State, in India will ensure the dignity of the individual. The constitution seeks to achieve this object by guaranteeing equal fundamnetal rights to each individual, so that he can enforce his miimal rights, if invaded by anybody, in a court of law.  Fundamental Duties: The philosophy contained in the Preamble, as explained in the foregoing pages, has been further highlighted by emphasizing that each individual shall not only have fundamental rights to ensure his liberty of expression, faith and worship, equality of opportunity and the like, but also a corresponding fundamental duty, such as to uphold the sovereignty, unity and integrity of the nation, to maintain secularism and the common brotherhood amongst all the people of India.  Combining the ideals of political, social and economic democracy with that of equality and fraternity, the preamble seeks to establish what Mahatma described as “the India of My Dreams”, namely- “….an India, in which the poorest shall feel that it is their country in whose making they have an effective voice; an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability. or the curse of intoxicating drinks and drugs. Women will enjoy the same rights as men.”  Out standing features of our Constitution: Drawn from different sources. Supplemented by multiple amendments The longest known constitution -Incorporates the accumulated experience of different constitution. -Detailed administrative provisions included -Peculiarity of the problems to be solved -Constitution of the Units also included  Out standing features of our Constitution: -Special provisions for Jammu and Kashmir,Nagaland, Sikkim etc -Federal relations elaborately dealt with -Both Justicable and Non-justicable rights included: Fundamental rights, DPSP and Fundamental duties. -More flexible than rigid -Legislation as supplementing the Constitution.