Almost every country in the world has a written or unwritten constitution. A constitution is a set of rules or basic concepts that support the governance of a nation or organisation. A text is considered to have a written composition if all these rules and ideas are stipulated in one document. The Supreme Law of Democratic India was drafted by the Parliament from 1946 to 1950 and finally passed on 26th November 1949 and 26th of January 1950 is celebrated as India's Republic Day. It took the Constituent Assembly just two years, 11 months, and 17 days to fulfil its historic duty of drafting the Indian Constitution. During this period, Congress held 11 sessions over 165 days, 114 of which were devoted solely to consideration of the draft constitution.
This blog aims to shed light on all the significant events that led to the drafting of the Constitution of India, which is considered the mother of all laws in India.
Some countries, such as the United Kingdom, do not have a written constitution. Basic principles, on the other hand, are contained in various basic laws such as legislative bodies, treaties, and judgments.
India is also known as Bharat, Hindustan, Aryavarta, and many more names given by other countries. It is a sovereign, socialist secular, and Democratic Republic with a parliamentary form of government which was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950.
The Constitution provides for a federal structure and a parliamentary government with some common functions. The constitutional head of the executive branch of the Union is the President. According to Article 79 of the Indian Constitution, the Federal Council consists of the President and his two Houses, known as the State Council (Rajya Sabha) and the People's Chamber (Lok Sabha).
Article 74(1) of the Constitution provides for the existence of a Council of Ministers headed by the Prime Minister to assist and advise the President, and the President shall carry out his duties in accordance with that advice. The actual executive power resides in the Council of Ministers, which is headed by the Prime Minister.
The Making Of The Constitution
The Constitution of India was passed on 26th November 1949 and signed by the Members of Parliament on 24th January 1950. The constitution was signed by a total of 284 people. It was raining outside on the day the constitution was signed. The Constitution of India came into force on 2nd January 1950. The parliament disappeared on that day and a provisional parliament of India was formed until a new parliament was formed in 1952. The Constituent Assembly (CA) has formed numerous commissions to investigate and report on various important issues that need to be addressed in the Constitution. The general ideas outlined in the proposals made by these committees were discussed at CA until August 1947. The parliamentary constitutional adviser, Sir Benegal Narsingh Rau, has prepared a draft containing a number of parliamentary decisions based on the commission's report. Among them were 240 clauses and 13 schedules. Few people know that Sir B N Rau drafted the first draft of the Indian Constitution in October 1947. Almost all articles in the first draft contained marginal notes referring to similar provisions in other constitutions or the Government of India (GOI) Act, of 1935.
Dr. B R Ambedkar was selected as a chairman of the drafting committee and they met again in October 1948 to assess the overall situation in light of the task force's report. Ambedkar, the chairman of the DC, then submitted a new report to the speaker of parliament outlining the revisions selected by the commission for introduction into parliament. On November 4, 1948, Congress received the draft constitution. It was debated for over a year before being accepted and confirmed by the President on November 26, 1949.
The Constitution established the Republic of India on January 26, 1950, and the Constituent Assembly dissolved on that date. Congress spent three years, from December 9, 1946, to November 26, 1949, drafting a constitution. Sir Lau, Shri S N Mukherjee, and members of various CA and DC committees all contributed to its creation.
Why is the Indian constitution is Bulky?
Drawn From Various Sources -
The Constitution of India has adopted most of its provisions not only from the Government of India Act 1935 but also from the constitutions of various other countries about 250 provisions of the 1935 Act are incorporated into the Constitution.
The structural part of the Constitution is largely derived from the Government of India Act 1935.
The philosophical parts of the Constitution (Fundamental Rights and Guiding Principles of Public Policy) are inspired by the American and Irish constitutions respectively.
The political part of the Constitution (the principles of cabinet governance and the relationship between the executive and legislative branches) was largely taken from the British Constitution.
Blend of Rigidity and Flexibility -
Constitutions are divided into rigid constitutions and flexible constitutions. A rigid constitution is one that, like the US Constitution, requires special procedures to change and a flexible constitution is one that can be changed in the same way that ordinary laws such as the British Constitution are made. The Indian Constitution is a unique example of a combination of rigour and flexibility. Constitutions can be described as rigid or flexible, depending on how they are amended and the Constitution of India provides for three types of amendments, from the simplest to the most difficult, depending on the case.
Federal System With Unitary Bias-
The Constitution of India establishes a federal system of government and It includes all the usual features of the Commonwealth, such as two governments, separation of powers, a written constitution, constitutional supremacy, constitutional rigour, judicial independence, and bicameralism.
Article 1 refers to India as a 'confederation of nations', which means two things:
The Commonwealth of India is not the result of an agreement between states.
No country has the right to secede from the Union.
Thus, the Indian constitution has been variously described by K.C. Weir was "federal in form but unified in spirit" and "quasi-federal".
Parliamentary Form Of Government-
The Indian constitution adopts the British parliamentary system rather than the American presidential system. The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive branches, while the presidential system is based on the principle of separation of powers between the legislative and executive branches.
The parliamentary system is also known as the “Westminster” model of government, accountable government, and cabinet.
The Constitution provides for a central as well as state parliamentary system
Integrated And Independent Judiciary-
India has a single unified judicial system and the Constitution of India also establishes the independence of the judiciary by ensuring that the Indian judiciary is free from the influence of the executive and legislative branches.
The Supreme Court is the highest court of the judicial system. Below the Supreme Court are the High Courts at the state level.
Below the High Court is a hierarchy of lower courts, namely district courts and other lower courts.
The Supreme Court is the federal court, the highest appellate body, the guarantor of the fundamental rights of citizens, and the guardian of the Constitution. Therefore, the Constitution makes various provisions to ensure their independence.
What Is Preamble?
The preamble is an introductory text for the document that describes the philosophy and goals of the document. A constitution sets out the intent of its drafters, the story behind its creation, and the core values and principles of the nation. Establishing the document's governing purpose and principles and identify the sources from which the document draws its authority it was adopted by the Constituent Assembly of India on 26th November 1949 and entered into force on 26th January 1950.
Four Main Ingredients Of The Indian Preamble
The source of the Indian Constitution, the essence of the Indian State, the purpose of the Indian Constitution, and the date of adoption of the Indian State are the four main parts of the Indian Preamble,
Source of the Indian Constitution- It became clear that the source of authority for the Indian Constitution was the Indian people. The words 'We are the people of India' reflect the same.
Nature of the Indian state- The preamble to India designates India as a sovereign, secular, republic, secular, and democratic state.
The purpose of the Indian constitution- Justice, Liberty, Equality, and Fraternity are denoted as the objectives of the Preamble of India.
Adoption date of the constitution- 26th of January 1950
Facts About The Indian Preamble
Enacted after the enactment of the entire Indian constitution
The term “secular” was introduced into the preamble to the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
The preamble guarantees freedom of faith, belief, and worship for all citizens of India
The ideals of justice (social, economic, and political) in the preamble are borrowed from the Constitution of the Soviet Union (Russia).
Republic and the ideals of liberty, equality, and fraternity are borrowed from the French Constitution
The Indian Constitution is considered the longest in the world as it contains all the details and descriptions of all the powers exercised by the government and legislative and judicial bodies. Moreover, the bulkiness of the constitution is due to some features that India has adopted from the constitutions of many countries.
As in all modern democracies where the rule of law exists, the constitution plays a central role. India is no exception, and by embracing the power of judicial review, it acts as a barrier against the blatant use of state measures that expose the social environment. India's constitution follows a practical sense of 'separation of powers' rather than watertight compartments. It is worth noting that Article 50 obliges the state to separate the judiciary from the executive branch. Fundamental rights are the most important article of the constitution. These rights are inalienable and presumably, give freedom to citizens and non-citizens in all respects. The Constitution made it enforceable and empowered the judiciary to settle grievances. Part 4 of the Constitution stated that the principles guiding state policy were overarching social, political, and economic principles. I'm here. These principles are not enforceable but are intended to provide basic facilities by the states.