NAME : SOURAV YADAV
COURSE : BA HISTORY HONS
ROLL NO : 2023/05/109
GE ASSIGNMENT POLITICAL
SCIENCE
Basic Features Of Indian Constitution
A set of standards guides anything we do. There are rules for games
(such as soccer), sports clubs, and individuals in the workforce. Moral
code and culture also put restrictions on us that teach us how much
we should or shouldn't do.
Laws refer to the rules enacted by legislatures (also known as Lok
Sabha/Rajya Sabha in India) for their particular nations. Laws are vital
in-country for it to govern and function correctly. These are intended to
safeguard us and our property and assure that everybody in society
acts in the manner in which the community expects. Laws specify
what we can expect as a result of our activities. Laws have served as
the binding force that has held society together. There would be utter
insanity if there were no laws.
Both researchers and scholars have placed more importance on
constitutions in recent years. It was hardly strange considering that
constitutions act as the cornerstone for Government today for almost
everyone globally. They generate, strengthen, and regulate the
entities that rule society at the very same period. As a result, they are
inextricably related to social welfare. Democracy, financial outlook,
and social solidarity are all linked to a country's Constitution.
What Is Constitution?
The term constitution is derived from the Latin constitutus, which means "to
build up, establish," and the suffix -ion, which means "to act, state, or
condition." Consider a constitution as the structure of a body (yours or the
Government's). You don't get sick very often if you have a strong
constitution.
The Constitution is known as the supreme law of the land. All the other
Legislation must follow it. It has a set of rules that govern the Government
and its interactions with the citizens. A constitution is concerned with two
primary aspects: a) the relationship between the various levels of
Government and b) the relationship between the Government and the
people. Dr. Bhimrao Ramji Ambedkar drafted the Indian Constitution.
Definition
The Constitution is not an instrument for the Government to restrain the
people. It is an instrument for the people to control the Government. -
Patrick Henry
A constitution is a set of fundamental values or principles that regulate the
governance of a state and other bodies. Such regulations, taken altogether,
constitute or form the entity. When such concepts are enshrined in a simple
list or range of legal documents, the catalog or set is a written constitution.
Or A Constitution is a document that contains laws and regulations that
govern and outline the sort of Government and the relationship between
Government and the public.
It serves as a basis for democratic governance in a country that ensures
everybody's interests and procedures are being followed. It governs how
statutes are formed and the procedures by which the Government
functions.
History Of Indian Constitution
India is now a unitary republic with 28 federated entities grouped into seven
unions. It has a representative system that is modeled on the Westminster
parliamentary system. The British Government conquered India in the early
18th century, bringing it into contact with the west for the first time. It was
subject to British colonialism in the mid-nineteenth century. The feudal
regime in British India, or the British Raj, as it was also known, was led by a
Viceroy who also held the title of Governor-General until 1947, when a
struggle for freedom, marked by a wide-spread peaceful protest
revolutionary movement, resulted in independence from the Britain Imperial
Power.
The fundamental law of India was primarily codified in a series of
Legislation established by the British Parliament preceding the constituent
Assembly convening in 1948 to design the Indian Constitution, which was
ratified in 1950 and is still in force today. The Government of India Acts of
1919 and 1935 were vitally pertinent.
Indian Council Act, 1861
To aid the Governor-General in enacting Legislation, a state legislature
council was established. Indians could be assigned to the Assembly, but
only at the Governor-General's discretion.
Indian Council Act, 1892
The seats of the Legislature and the executive councils were doubled in
response to Indian concerns. Many Indians were assigned to these
Authorities, and the electoral principle was implemented.
The Government Of India Act, 1919
The primary objective of this Legislation, which was enacted as a gesture
of gratitude for India's assistance in World War One, was to increase native
participation in Government. The formation of a dual-type of Government
with constrained powers for the respective provinces was one of the Act's
key innovations. The colonial federal Assembly became a bicameral
legislature for the entire country. Lastly, the Act mandated the role of High
Commissioner for India in the United Kingdom, with a residence in London.
The Government Of India Act, 1935
This Legislation was enacted about the National Congress of India's
resistance and critique of the 1919 Act for accomplishing too little in regard
to granting authority. The following were some of the essential provisions:
● The abolition of the dual system of governance, or diarchy, and the
concession of regional autonomy to the provinces
● The formation of an Indian Federation (which never came into force,
though)
● Direct voting is introduced, and the electorate is extended to 37
million individuals, higher than the original 5 million.
● More nominated Indian MPs were added to provincial councils,
allowing them to create legislatures and be selected to form
administrations
● The formation of a Federal Court.
The Constituent Assembly Of 1948 And The Constitution Of
1950
The Constituent Assembly passed the Constitution on November 26, 1949,
and it came into force on January 26, 1950. January 26 was decided to
celebrate the unilateral declaration of independence by Purna Swaraj in
1930. The Union of India has become the modern and contemporary
Federal republic with its acceptance, and the Government of India Act 1935
was superseded as the country's primary governing Legislation.
Deliberate attempts have been made to reach a consensus on various
subjects and concepts, avoiding dispute. The consensus was achieved
through Jawahar Lal Nehru's motion in the Constituent Assembly on
December 17, 1946, which was almost uniformly passed on January 22,
1947.
The Assembly finalized its work by November 26, 1949, based on these
'Objectives.' The Constitution came into operation on January 26, 1950.
India had become the Republic of India on that day.
Objectives Of Indian Constitution
The Constitution's goals were articulated in a resolution proposed by Pt.
Jawaharlal Nehru and ratified by the Legislative Council on January 22,
1947. The resolution's central tenets were as follows:
● India should be declared an independent sovereign republic by
Resolve.
● To create a democratic Community with equitable self-government to
all its component members.
● The people give the union government and the governments of the
constituent elements all of their power and authority.
● To ensure and safeguard the safety of all Indians. Moral, fiscal, and
political justice are all important.
● equality of position, opportunity, and legal standing
● the freedom of thinking, speech, religion, faith, worship, affiliation,
and action
● Minority groups in underdeveloped and rural regions and the
impoverished and perhaps other backward groups have proper
protections.
● Maintaining the Nation's territorial sovereignty and right of
self-determination on ground, sea, and air under the equity and law of
civilized countries. To ensure India's legitimate and respected position
in the globe.
● Assist in the advancement of world peace and humanity's well-being.
These goals are enshrined in the Constitution's Preamble.
Salient Features Of The Indian Constitution
1. The world's longest Constitution
The Indian Constitution is the longest and largest written Constitution.
Mainly because it contains not only fundamental human rights but
also specific administrative directions. Many institutions, such as the
Public Sector, have been granted a constitutional position (under
Article 308- 323).
Another one of the factors for the size of this Convention is that it
applies to the entire country of India. Since India is such a large
nation, it necessitated the application of precise regulations to diverse
areas of the country. As a result, a vast constitution was created.
2)Assembled from a myriad of perspectives
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Basic Features Of Indian Constitution
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A set of standards guides anything we do. There are rules for games (such
as soccer), sports clubs, and individuals in the workforce. Moral code and
culture also put restrictions on us that teach us how much we should or
shouldn't do.
Laws refer to the rules enacted by legislatures (also known as Lok
Sabha/Rajya Sabha in India) for their particular nations. Laws are vital
in-country for it to govern and function correctly. These are intended to
safeguard us and our property and assure that everybody in society acts in
the manner in which the community expects. Laws specify what we can
expect as a result of our activities. Laws have served as the binding force
that has held society together. There would be utter insanity if there were
no laws.
Both researchers and scholars have placed more importance on
constitutions in recent years. It was hardly strange considering that
constitutions act as the cornerstone for Government today for almost
everyone globally. They generate, strengthen, and regulate the entities that
rule society at the very same period. As a result, they are inextricably
related to social welfare. Democracy, financial outlook, and social solidarity
are all linked to a country's Constitution.
What Is Constitution?
The term constitution is derived from the Latin constitutus, which means "to
build up, establish," and the suffix -ion, which means "to act, state, or
condition." Consider a constitution as the structure of a body (yours or the
Government's). You don't get sick very often if you have a strong
constitution.
The Constitution is known as the supreme law of the land. All the other
Legislation must follow it. It has a set of rules that govern the Government
and its interactions with the citizens. A constitution is concerned with two
primary aspects: a) the relationship between the various levels of
Government and b) the relationship between the Government and the
people. Dr. Bhimrao Ramji Ambedkar drafted the Indian Constitution.
Definition:
The Constitution is not an instrument for the Government to restrain the
people. It is an instrument for the people to control the Government. -
Patrick Henry
A constitution is a set of fundamental values or principles that regulate the
governance of a state and other bodies. Such regulations, taken altogether,
constitute or form the entity. When such concepts are enshrined in a simple
list or range of legal documents, the catalog or set is a written constitution.
Or A Constitution is a document that contains laws and regulations that
govern and outline the sort of Government and the relationship between
Government and the public.
It serves as a basis for democratic governance in a country that ensures
everybody's interests and procedures are being followed. It governs how
statutes are formed and the procedures by which the Government
functions.
History Of Indian Constitution
India is now a unitary republic with 28 federated entities grouped into seven
unions. It has a representative system that is modeled on the Westminster
parliamentary system. The British Government conquered India in the early
18th century, bringing it into contact with the west for the first time. It was
subject to British colonialism in the mid-nineteenth century. The feudal
regime in British India, or the British Raj, as it was also known, was led by a
Viceroy who also held the title of Governor-General until 1947, when a
struggle for freedom, marked by a wide-spread peaceful protest
revolutionary movement, resulted in independence from the Britain Imperial
Power.
The fundamental law of India was primarily codified in a series of
Legislation established by the British Parliament preceding the constituent
Assembly convening in 1948 to design the Indian Constitution, which was
ratified in 1950 and is still in force today. The Government of India Acts of
1919 and 1935 were vitally pertinent.
Indian Council Act, 1861
To aid the Governor-General in enacting Legislation, a state legislature
council was established. Indians could be assigned to the Assembly, but
only at the Governor-General's discretion.
Indian Council Act, 1892
The seats of the Legislature and the executive councils were doubled in
response to Indian concerns. Many Indians were assigned to these
Authorities, and the electoral principle was implemented.
Indian Council Act,1909
This Act enlarged the number of the councils yet again, and it also gave the
regulatory Assembly the authority to debate and pose questions on specific
issues. Also, more council members were elected.
The Government Of India Act, 1919
The primary objective of this Legislation, which was enacted as a gesture
of gratitude for India's assistance in World War One, was to increase native
participation in Government. The formation of a dual-type of Government
with constrained powers for the respective provinces was one of the Act's
key innovations. The colonial federal Assembly became a bicameral
legislature for the entire country. Lastly, the Act mandated the role of High
Commissioner for India in the United Kingdom, with a residence in London.
The Government Of India Act, 1935
This Legislation was enacted about the National Congress of India's
resistance and critique of the 1919 Act for accomplishing too little in regard
to granting authority. The following were some of the essential provisions:
The abolition of the dual system of governance, or diarchy, and the
concession of regional autonomy to the provinces
The formation of an Indian Federation (which never came into force,
though)
Direct voting is introduced, and the electorate is extended to 37 million
individuals, higher than the original 5 million.
More nominated Indian MPs were added to provincial councils, allowing
them to create legislatures and be selected to form administrations.
The formation of a Federal Court
The Constituent Assembly Of 1948 And The Constitution Of 1950
The Constituent Assembly passed the Constitution on November 26, 1949,
and it came into force on January 26, 1950. January 26 was decided to
celebrate the unilateral declaration of independence by Purna Swaraj in
1930. The Union of India has become the modern and contemporary
Federal republic with its acceptance, and the Government of India Act 1935
was superseded as the country's primary governing Legislation.
Deliberate attempts have been made to reach a consensus on various
subjects and concepts, avoiding dispute. The consensus was achieved
through Jawahar Lal Nehru's motion in the Constituent Assembly on
December 17, 1946, which was almost uniformly passed on January 22,
1947.
The Assembly finalized its work by November 26, 1949, based on these
'Objectives.' The Constitution came into operation on January 26, 1950.
India had become the Republic of India on that day.
Objectives Of Indian Constitution
The Constitution's goals were articulated in a resolution proposed by Pt.
Jawaharlal Nehru and ratified by the Legislative Council on January 22,
1947. The resolution's central tenets were as follows:
India should be declared an independent sovereign republic by Resolve.
To create a democratic Community with equitable self-government to all its
component members.
The people give the union government and the governments of the
constituent elements all of their power and authority.
To ensure and safeguard the safety of all Indians. Moral, fiscal, and political
justice are all important.
equality of position, opportunity, and legal standing.
the freedom of thinking, speech, religion, faith, worship, affiliation, and
action
Minority groups in underdeveloped and rural regions and the impoverished
and perhaps other backward groups have proper protections.
Maintaining the Nation's territorial sovereignty and right of
self-determination on ground, sea, and air under the equity and law of
civilized countries. To ensure India's legitimate and respected position in
the globe.
Assist in the advancement of world peace and humanity's well-being.
These goals are enshrined in the Constitution's Preamble.
Salient Features Of The Indian Constitution
The world's longest Constitution.
The Indian Constitution is the longest and largest written Constitution.
Mainly because it contains not only fundamental human rights but also
specific administrative directions. Many institutions, such as the Public
Sector, have been granted a constitutional position (under Article 308-
323).
Another one of the factors for the size of this Convention is that it applies to
the entire country of India. Since India is such a large nation, it
necessitated the application of precise regulations to diverse areas of the
country. As a result, a vast constitution was created.
Assembled from a myriad of perspectives
Elements of our Constitution were borrowed out of a multitude of locations.
The essential elements of our Constitution were derived from the
Government of India Act of 1935.
The different sources of the Indian Constitution are as follows:
United States of America
Fundamental Rights, independence of Judiciary, Judicial Review,
Impeachment of President and Supreme Court Judges.
United Kingdom
Single Citizenship, Parliamentary system of Government, Rule of Law,
Prerogative writs
Canada Constitution
Quasi Federal Government system, Appointment of Governors.
Australia Constitution
Concurrent List, Joint sitting of 2 houses of the Parliament, Freedom of
Trade
USSR
Fundamental duties, Social, Economic, and Political Justice.
Ireland
Directive Principles of State Policy, Election of President.
Germany
Emergency provisions like Suspension of Fundamental Rights during an
emergency.
France: Republic
South Africa
Amendment of Constitution, Election of members of Rajya Sabha.
Japan
The procedure is established by law.
3)Adult Universal Franchise
Our forefathers were entitled to vote for each Indian citizen above the age
of 21. (now age is 18). It took several years for Western liberal democracy
to grant this freedom to all of us.
4) Solitary Citizenship
The Constitution of India provides for single citizenship. This implies that
whoever obtains the citizenship rights of another nation instantly loses their
Indian citizenship. The UK Constitution inspired this notion of citizenship.
People can benefit from the development of advantages merely by
becoming citizens. The ability to vote and be elected to positions such as
President and Member of Parliament is only accessible to Indian nationals.
5)Independence of the Judiciary
In India, the judicial system is largely autonomous and makes its
judgments. In a republic, judicial independence is critical. It safeguards its
inhabitants against the unauthorized or unlawful processing of government
agencies. The Constitution provides for several fundamental rights. The
Judiciary must use its powers under Articles 32 & 13 to protect such
fundamental rights.
6)Constitution of a Quasi-Federal Republic
Quasi-federal indicates that this seems to be unified, but it is not genuinely
federal due to a significant lean towards centralized authority. In situations
of distress, the Central Govt has far greater control than the State
Legislatures
7) The Parliamentary system of Government
The British Constitution inspired this style of Government. India chose it
because she had prior experience with this type of governance. This is
referred to as a UK parliament. The executive is responsible and
responsive to the legislative by different means and classes in this
management style.
8) Rigidity and Flexibility in Balance
According to the document, most parts of the Constitution can be changed
by a mere majority in The parliament. At the same time, many clauses in
Article 368 require a specific majority, particularly in situations impacting the
state's policy.
9) State Policy Directive Principles
These are some of the ideas outlined in Articles 36 through 51. Such
principles act as a guide for such governments in developing regulations
necessary for the public welfare. Even though these ideas are unjustifiable
in courts, the state has passed different Legislation as a result which all of
these concepts have become Inalienable rights. The most notable example
is Article 21 A's Right to Education. This was formerly a Directive principle,
but now Legislation has been enacted and included in the Fundamental
Rights to make it a legitimate legal right.
10) Fundamental Duties
Part 3 of the Constitution of India establishes fundamental rights (Article
12-35). These are indeed the universal human rights that each Indian
citizen enjoys. All Indian citizens have access to Articles 15, 16, 19, 29, and
30. Except for nationals of hostile nations, everybody who lives in this
country is entitled to Articles 14, 20, 21, 21A, 23, 24, and 25-28.
Preamble
India's Constitution Is Preceded By A Preamble Outlining Its Goals And
Objectives.
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 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 OURSELVES THIS
CONSTITUTION.
The Supreme Court expressly said in the Berubari Case that the Preamble
also couldn't overrule the precise requirements of the Act. However, the
Supreme Court ruled in the Keshava Nanda Bharati case of 1973 that the
Preamble is a constituent of the Constitution
"The Preamble of our Constitution is of tremendous significance given the
big and noble goal stated in the Preamble," said then-CJI Justice Sikri.
Despite constraining Legislature's amendment power under Article 368 of
the Constitution, the Government relies on the Preamble. It was decided
that even under Article 368, the fundamental component of the Preamble
could not be changed. This was also agreed that because the Preamble is
a component of the Constitution, it can be changed, but only if the
'essential characteristic' in the Preamble cannot be changed. The court
determined if any of the Preamble's essential parts were eliminated, the
tower would collapse apart.
