Constitution of India PDF - BICOK107 Module-1

CONSTITUTION OF INDIA – BICOK107 Module-1 Introduction The constitution was passed by the Constituent Assembly on 26 Nov 1949 and is fully applicable since 26 Jan 1950. India is a federal democratic republic of 25 states and 08 Union Territories. Each...

CONSTITUTION OF INDIA – BICOK107 Module-1 Introduction The constitution was passed by the Constituent Assembly on 26 Nov 1949 and is fully applicable since 26 Jan 1950. India is a federal democratic republic of 25 states and 08 Union Territories. Each state is administered by a Governor appointed by the President while each Union Territory is administered by the President through a Minister. The bicameral parliament is composed of the Council of States, Rajya Sabha, and the House of the People, Lok Sabha. The Council of States will consist of 250 members out of which the President of India will nominate 12 persons having special knowledge or practical experience in respect of literature, art, science and social service. The remaining 238 seats are to be filled in by the persons to be elected by the legislative assemblies of their respective states in staggered re-elections of one-third every second year. The House of People is composed of 550 members, i.e., 530 members from the States and 20 members from the Union Territories. The states of Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh have bicameral legislatures while the other 20 states have unicameral legislatures. Upper houses (Legislative Councils) are re-elected to one-third of their members every two years. Legislative Assemblies are chosen by direct election. There are some extraordinary features of the Indian system of government. For example, the Constitution encourages the states to introduce the prohibition. The states of Andhra Pradesh, Manipur, and Haryana have already banned the production, possession, and consumption of alcohol. Meaning and Definition of Constitution Constitution is derived from the Latin word ‘Constitueri’ which means ‘to form’, ‘to establish’ or ‘to compose’. Constitution basically means a body of rules and regulations “Constitution is the way in which citizens, who are component parts of the state, are arranged in relation to the another” – Aristotle. History  CONSTITUTION OF INDIA – BICOK107 Firstly, the word ‘constitution’ was used by Henry II of England in 16th Century, where he used a set of rules with the title ‘Constitution of Clarendon’. USA prepared Constitution and adopted in 1789 for the first time. The USA Constitution is the oldest and first written constitution in the world. Commencement: The provisions relating to Citizenship, elections, provisional Parliament, temporary and transitional positions were given immediate effect on The 26th Nov.1949. While the rest of the Constitution came into force on the 26th Jan. 1950 and this date is referred to in the Constitution as the Date of its Commencement. India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950. The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President. As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President, who shall exercise his/her functions in accordance to the advice. The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head. Making of Indian Constitution /Evolution  1922 Gandhi demanded for a Constitution for India.  1928 Nehru prepared report on Fundamental Right’s (FR's) which became basic for Indian Constitution.  1935 Indian National Congress demanded for Indian constitution without outside interference.  CONSTITUTION OF INDIA – BICOK107  1942 Cripps mission proposed independence after Second World War, but was rejected.  1946 Elections were held out for Constituent Assembly, but Muslim League pulled out. Total number of Constituent Assembly was 389 in which 173 was of Muslim League.  June 1947 Mount Batten resolved INC and Muslim League crisis by declaring India Pakistan partition. 15th August 1947 - Independence Day and transfer of power. Nehru became PM & Dr. B RAmbedkar became the Law Minister and Chairman of Drafting Committee.  1948 Dr. B R Ambedkar as the chairman of Drafting Committee chairman presented ‘Draft Constitution’. 26th November 1949- President of Constituent Assembly, Dr. Babu Rajendra Prasad passed Constitution.  26th January 1950- Indian Constitution came into force. Indian became Republic Nation. Constituent Assembly =1(Nehru)+1(Patel)+1/2(Rajendra Prasad) +1/2(Moulana Azad).  It took 2 years 11 months 18 days to prepare Constitution.  Initially there were 395 articles, 22 chapters and 8 schedules. But as of January 2020 there are 448 articles, 25 chapters and 12 schedules.  There are 1,17,369 words in the Constitution.  The total Constitution amendments as of January 2021 were 115.  The first general election was conducted to elect to Parliament- Lok Sabha and Rajya Sabha for the first time in May 1952. Nature of Indian State: a) Sovereign: Independent state and no interference of external powers. b) Socialist: Welfare of people by both Public and Private sector. c) Secular: Neutrality towards all religions, positive form of secularism. d) Democracy: Rule of People, ours is representative democracy. e) Republic: Head of State is elected. In India we have Real Head and Nominal Head (i.e., Prime Minister and President) respectively.  CONSTITUTION OF INDIA – BICOK107 Nature of Constitution: It determines the political system of the country such as democracy, capitalistic etc It determines the form of Government say parliamentary or presidential It determines the structure of the state say unitary or federal Sacred law It governs the distribution of power between the union and the state It defines the relationship between the state and the people It is framed by a special body like the Constituent Assembly It may be written or unwritten but comprises a body of customs, conventions and usage It may be embodying in a single document or set of documents It may be detailed or brief It may be rigid or flexible It is dynamic  CONSTITUTION OF INDIA – BICOK107 Why do we need a constitution? It is a significant rule of the nation. The relationship of people with governments is decided by this. It sets down standards and procedures that are necessary to live in peace for individuals belonging to various religious groups. It sets out how the government will be chosen and who will have the authority and duty to decide things. It defines the parameters of the government’s control and informs us about people’s rights. It reflects the desires of individuals to create a good society. It provides single citizenship for the whole of India Through the preamble and Directive Principles of State Policy it aims at establishment of a welfare state It provides for the setup of the Supreme Court Society before and after adoption of Constitution: India is now a sovereign state. With the Constitution coming into effect the dominion status came to an end and India became a virtual sovereign state.. India’s adherence to socialism witnessed the introduction of planning and nationalization of heavy industries along with banks. Several socialistic measures have been taken to end poverty, ignorance, disease, inequality between man and woman especially in wages, insecurity of the old, disable, orphans, invalid and widow; exploitation of the working class etc. Abolition of Zamindari, Land reforms, abolition of intermediaries, tenancy reforms, ceiling on land holdings, consolidation and cooperative farming etc. India is secular state that accords same status to all religions in the country. India is a democratic republic. Universal adult franchise has been introduced. Therefore, Indian women got the right to vote and contest elections immediately with the inauguration of the Constitution Periodic elections, Parliamentary democracy, rule of law and majority rule are its features. The Constitution has guaranteed to all the Indians a set of Fundamental Rights. Rights are not only given but also protected by the court Untouchability has been declared as a punishable crime.  CONSTITUTION OF INDIA – BICOK107 Minorities have been given protection by the state for their language, culture and education etc. The system of reservation has been an instance of justice given to the marginalized or underprivileged sections of Indian society Free and compulsory education through the Right to Education Act, right to work through Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), Right to Information Act, Lok Pal and Lokayuktas Act etc. are also some important acts of Parliament that have wider social impact. The Scheduled Caste/ Tribe Commissions, Minority Commission and Women Commission are also some important institutions in that direction. The role of judiciary has been remarkable in the direction of social change and justice dispensing The role of Constituent Assembly (CA) It is the constitution making body As provided in Cabinet Mission Plan the CA was set up in November 1946 The strength of the CA was 389, comprising 296 representatives from British India and 93 representatives from the Indian Native States After the partition of the country on 15 th August 1947 the membership got reduced from 389 to 308. After the passing of the Indian Independence Act 1947 the CA became an independent body It represented all sections of the Indian people, all major regions and major communities of India First sitting on 9th Dec 1946 Dr Sachchidananda was elected as an Interim President Dr Rajendra Prasad was elected as its permanent President on 11th Dec 1946 CA appointed a Drafting Committee under the chairmanship of Dr. B R Ambedkar on 29th August 1947 Roles of CA: 1. It had to frame the Constitution of India 2. Act as a provisional parliament -------------------------------------------------------------------------------