Constitution of India

OVERVIEW OF INDIAN CONSTITUTION

Introduction

Constitution is a living document, an instrument which makes the government system work. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. It is the longest written constitution of any sovereign country in the world. Originally Indian Constitution had 395 Articles, 22 Parts, and 8 Schedules, Now, it has 465 Articles, 25 Parts, and 12 Schedules. The Indian Constitution is unique in its contents and spirit. The constitution of India has several different salient features that distinguish it from the constitutions of other countries. It is borrowed from almost every constitution of the world and Government of India Act of British Rule.

Background

• An Idea for Constituent Assembly of India is suggested by M N Roy in 1934, a Constituent Assembly was formed in 1946 and on January 26, 1950, the Constitution came into being.

• Constituent Assembly took 2 years, 11 months and 18 days to complete its historic task of drafting the Constitution for independent India.

• The first President of the Constituent Assembly was Dr. Sachchidanand Sinha as the temporary President. Later, Dr. Rajendra Prasad was elected as the President of the Assembly.

• On 29 August 1947, the Drafting Committee was appointed, with Dr. B. R. Ambedkar as the Chairman along with six other members assisted by a constitutional advisor.

Borrowed Features of Indian Constitution from other Constitutions

British Constitution 

• Parliamentary form of government 
• The idea of single citizenship 
• The idea of the Rule of law 
• Institution of Speaker and his role 
• Lawmaking procedure 

United States Constitution 

• Charter of Fundamental Rights, which is similar to the United States Bill of Rights 
• Federal structure of government 
• Power of Judicial Review and independence of the judiciary

Irish Constitution 

• Constitutional enunciation of the directive principles of state policy 

French Constitution 

• Ideals of Liberty, Equality and Fraternity Canadian Constitution 
• A quasi-federal form of government (a federal system with a strong central government) 
• The idea of Residual Powers 

Australian Constitution 

• The idea of the Concurrent list 
• Freedom of trade and commerce within the country and between the states 

Soviet Constitution 

• The Planning Commission and Five-Year Plans 
• Fundamental Duties

Preamble

The Preamble highlights few fundamental values and guiding principles on which the Constitution of India is based. It serves as the guiding light for both, the Constitution as well as the judges who interpret the Constitution in its light. The opening few words of the Preamble - "We, the people" - signifies that the power is vested in the hands of the people of India. The Preamble is as follows:

“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”.