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Constitution of India
From Wikipedia, the free encyclopedia Jump to: navigation, search Constitution of India (Hindi: भारतीय संिवधान, see names in other Indian languages) is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. Passed by the Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950.[1] The date 26 January was chosen to commemorate the declaration of independence of 1930. It declares the Union of India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty and, to promote among them all, fraternity. The words "socialist", "secular", "integrity" and "to promote among them all fraternity" were added to the definition in 1976 by constitutional amendment.[2] India celebrates the adoption of the constitution on 26 January each year as Republic Day.[3] It is the longest[4] written constitution of any sovereign country in the world, containing 444 articles in 22 parts, 12 schedules and 108 amendments[5], for a total of 117,369 words in the English language version. Besides the English version, there is an official Hindi translation. After coming into effect, the Constitution replaced the Government of India Act 1935 as the governing document of India. Being the supreme law of the country, every law enacted by the government must conform to the constitution. B. R. Ambedkar , as chairman of the Constitution Drafting Committee, was the chief architect of the Indian Constitution.
This article is part of the series:

Constitution of India

Preamble PARTS[show]

Fundamental Rights PART I ∙ II ∙ III ∙ IV ∙ V ∙ VI ∙ VII VIII ∙ IX ∙ X ∙ XI ∙ XII ∙ XIII ∙ XIV XV ∙ XVI ∙ XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI XXII
SCHEDULES[show]

First ∙ Second ∙ Third ∙ Fourth ∙ Fifth Sixth ∙ Seventh ∙ Eighth ∙ Ninth Tenth ∙ Eleventh ∙ Twelfth
APPENDICES[show]

I ∙ II ∙ III ∙ IV ∙ V
AMENDMENTS[show]

List ∙ 1 ∙ 10 ∙ 38 ∙ 39 ∙ 42
Politics of India[show]
Other countries

Contents
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1 Background 2 Evolution of the Constitution o 2.1 Acts of British Parliament before 1935 o 2.2 Government of India Act 1935 o 2.3 The Cabinet Mission Plan

4 Indian Independence Act 1947 3 Constituent Assembly o 3. which consisted of high officials of the British Government.1 Federal Structure o 5. the British Parliament took over the reign of India from the British East India Company.• • • • • • • • • • • o 2.2 Parliamentary Democracy o 5.3 Independent Judiciary 6 Original Unamended Constitution of India 7 Changing the constitution 8 Judicial review of laws 9 Notes 10 See also 11 References 12 Bibliography 13 External links [edit] Background Main article: Indian independence movement The majority of the Indian subcontinent was under British colonial rule from 1858 to 1947. India ceased to be a dominion of the British Crown. It established in England the office of the Secretary of State for India through whom the Parliament would exercise its rule. On the day the constitution came into effect. The British Parliament passed the Government of India Act of 1858 to this effect. [edit] Evolution of the Constitution [edit] Acts of British Parliament before 1935 After the Indian Rebellion of 1857. This period saw the gradual rise of the Indian nationalist movement to gain independence from the foreign rule. The Indian Councils Act of 1861 provided for a . It contained the founding principles of the law of the land which would govern India after its independence from British rule.1 Parts o 4. The movement culminated in the formation of the Dominion of India on 15 August 1947. along with the Dominion of Pakistan. which set up the structure of government in India. and British India came under the direct rule of the Crown. The constitution of India was adopted on 26 January 1950. along with a Council of India to aid him.1 Drafting 4 Structure o 4. which proclaimed India to be a sovereign democratic republic. It also established the office of the GovernorGeneral of India along with an Executive Council in India.2 Schedules 5 System of government o 5.

[edit] Indian Independence Act 1947 Main article: Indian Independence Act 1947 The Indian Independence Act. provincial autonomy. a cabinet mission to India was formulated to discuss and finalize plans for the transfer of power from the British Raj to Indian leadership and providing India with independence under Dominion status in the Commonwealth of Nations. India ceased to be a dominion of the British Crown and became a sovereign democratic republic. The federal structure of government. at the initiative of British Prime Minister Clement Attlee. The Indian Councils Act of 1892 established provincial legislatures and increased the powers of the Legislative Council. divided the British Indian territory into two new states of India and Pakistan. it repealed the Indian Independence Act. [edit] Government of India Act 1935 Main article: Government of India Act 1935 The provisions of the Government of India Act of 1935. had a great impact on the constitution of India. These acts increased the representation of Indians in the government. The Constituent Assembly was divided into two for the separate states. though never implemented fully.Legislative Council consisting of the members of the Executive council and non-official members.[6][7] The Mission discussed the framework of the constitution and laid down in some detail the procedure to be followed by the constitution drafting body. [edit] Constituent Assembly . [edit] The Cabinet Mission Plan Main article: 1946 Cabinet Mission to India In 1946. Elections for the 296 seats assigned to the British Indian provinces were completed by August 1946. bicameral legislature consisting of a federal assembly and a Council of States. The Act relieved the British Parliament of any further rights or obligations towards India or Pakistan. separation of legislative powers between center and provinces are some of the provisions of the Act which are present in the Indian constitution. but it was limited in its powers. Many key features of the constitution are directly taken from this Act. which were to be dominions under the Commonwealth of Nations until their constitutions were in effect. and granted sovereignty over the lands to the respective Constituent Assemblies. When the Constitution of India came into force on 26 January 1950. The Constituent Assembly first met and began work on 9 December 1946. The Government of India Acts of 1909 and 1919 further expanded the participation of Indians in the government. 26 November 1949 is also known as National Law Day. which came into force on 18 July 1947.

K. in its current form. Hansa Mehta. 22 parts containing 448 articles. Ganesh Mavlankar were also members of the Assembly. Munshi. the Union Powers Committee and Union Constitution Committee. [edit] Parts . There were more than 30 members of the scheduled classes. Maulana Abul Kalam Azad.[8] [edit] Drafting In the 14 August 1947 meeting of the Assembly. P. Rajagopalachari. R. consists of a preamble. 11 months and 18 days before adopting the Constitution.Main article: Constituent Assembly of India The Constitution was drafted by the Constituent Assembly. C. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee. 2010. spread over a period of 2 years. B. [edit] Structure The Constitution. Constitution of India has undergone 108 amendments in less than 60 years since its enactment. 5 appendices[9] and 94 amendments to date. Sardar Vallabhbhai Patel. Although it is federal in nature with strong unitary bias. with Dr Ambedkar as the Chairman along with six other members. which was elected by the elected members of the provincial assemblies.[8] Jawaharlal Nehru. Ambedkar. in sessions open to the public.[3] After many deliberations and some modifications. M. the Drafting Committee was appointed. Sarojini Naidu. A Draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947. in case of emergencies it takes unitary structure. Two days later. Sidhwa. a proposal for forming various committees was presented. a distinguished Christian who represented all Christians other than Anglo-Indians. 12 schedules.[10] The Women's Reservation Bill. Ari Bahadur Gururng represented the Gorkha Community. The Assembly met. Rajendra Prasad. Prominent jurists like Alladi Krishnaswamy Iyer.[8] The members of the Constituent Assembly met for the first time in the year 1946 on 9 December. Modi and R. would be 108th Amendment to the Constitution. Durgabai Deshmukh and Rajkumari Amrit Kaur were important women members. if passed by both houses of parliament and ratified by half of the states. Shyama Prasad Mukherjee and Nalini Ranjan Ghosh were some important figures in the Assembly. Frank Anthony represented the Anglo-Indian community. Rajendra Prasad was elected president of the Constituent Assembly. The first president of the Constituent Assembly was Sachidanand Sinha later. for 166 days. Benegal Narsing Rau and K. and the Parsis were represented by H. Such committees included a Committee on Fundamental Rights. On 29 August 1947. the Constitution of India became the law of all the Indian lands. the 308 members of the Assembly signed two hand-written copies of the document (one each in Hindi and English) on 24 January 1950.

date of commencement.Union and its Territory • Part II[12] . 186 and 221) — Emoluments for High-Level Officials – This lists the salaries of officials holding public office.Miscellaneous • Part XX . 65. • Part VIII[17] . Fourth Schedule (Articles 4 and 80) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory. • Part X .Panchayat system and Municipalities. 158.Elections • Part XVI . and Controller and Auditor-General of India. Property.Special Provisions Relating to certain Classes.Finance.Amendment of the Constitution • Part XXI .Parts are the individual chapters in the Constitution.Directive Principles and Fundamental Duties. the States and Tribunals • Part XV .Trade and Commerce within the territory of India • Part XIV .The Union. 75.Fundamental Rights • Part IV[13] .The States. 97. state. Third Schedule (Articles 75. 188 and 219) — Forms of Oaths – This lists the oaths of offices for elected officials and judges.Citizenship. Sixth Schedule (Articles 244 and 275)— Provisions for the administration of tribal areas in Assam. 148. Preamble Part I[11] . Transitional and Special Provisions • Part XI . Second Schedule (Articles 59. 164.. Seventh Schedule (Article 246) — The union (central government).Services Under the Union. • • • • • • • First Schedule (Articles 1 and 4) — States and Union Territories – This lists the states and territories on of India.Meghalaya. lists any changes to their borders and the laws used to make that change. .The scheduled and Tribal Areas • • Part XII .Tripura. • Part VII[16] . containing articles that addresses the issues in question.The Union Territories • Part IX[18] . 164.Relations between the Union and the States. • Part XXII . • Part V[14] . • Part VI[15] . Authoritative text inHindi and Repeals • [edit] Schedules Schedules are lists in the Constitution that categorizes and tabulates bureaucratic activity and policy of the Government. • Part XVII .Emergency Provisions • Part XIX . 99.Short title. Fifth Schedule (Article 244) – This provides for the administration and control of Scheduled Areas[Note 1] and Scheduled Tribes[Note 2] (areas and tribes needing special protection due to disadvantageous conditions). judges.Mizoram. Contracts and Suits • Part XIII . 148. focused in single broad field of laws.Languages • Part XVIII . and concurrent lists of responsibilities. 125. • Part III .Temporary. 124.States in the B part of the First schedule(Repealed).

Tenth Schedule (Articles 102 and 191) — "Anti-defection" provisions for Members of Parliament and Members of the State Legislatures. The Draft Constitution in recommending the parliamentary system of Executive has preferred more responsibility to stability. the accession of Sikkim with India. Public order. Bhimrao Ramji Ambedkar as chairman of the Constitution Drafting Committee.. namely Union list. It must be a responsible executive. which is not available in the American system is. it has not been possible so far to devise a system which can ensure both conditions in equal degree. [edit] System of government Dr.This covers land and tenure reforms. The basic form of the Union Government envisaged in the Constitution was introduced by Dr. Eleventh Schedule (Article 243-G) — Panchayat Raj (rural local government). . far more effective than the periodic assessment and far more necessary in a country like India. It must be a stable executive. It must be impartial to all religion. State list and Concurrent list. 3. foreign policy.. “ A democratic executive must satisfy three conditions: 1. It enumerates the powers of the Parliament and State Legislatures in three lists. Unfortunately. issuance of currency are reserved to the Union list. local governments.. Twelfth Schedule (Article 243-W) — Municipalities (urban local government). it is felt. caste and community. Ninth Schedule (Article 31-B) . The daily assessment of responsibility. was the Chief Architect of Indian Constitution. and 2.[20] ” [edit] Federal Structure The constitution provides for distribution of powers between the Union and the States.• • • • • Eighth Schedule (Articles 344 and 351) — The official languages. Ambedkar as follows. It may be reviewed by the courts[19]. Subjects like national defense.. .

transportation. where the directly elected Legislative Assembly enjoys control over the Chief Minister and the State Council of Ministers. [edit] Original Unamended Constitution of India The original constitution of India without any amendments can be found here fk Original Unamended version of the Constitution of India [edit] Changing the constitution . However. A similar structure is present in States. The upper house of the Parliament. and can be declared unconstitutional by the judiciary if it feels that the act violates some provision of the Constitution. the lower house of the Parliament. and an intermediary in case of disputes between two States. The President is the Head of the State. The Prime Minister and the Council of Ministers enjoy their offices only as long as they enjoy a majority support in the Lok Sabha. and the President must act only according to the advise of the Prime Minister and the Council of Ministers. is also an example of the federal nature of the government. the Ministers must themselves be elected members of either house of the Parliament. barring exceptional conditions. criminal law are a few subjects of the Concurrent list. the Parliament exercises control over the Executive. Education. or between a State and the Union. which consists of members directly elected by the people. where both the State Legislature as well as the Parliament have powers to enact laws.certain taxes are examples of subjects of the State List. Also. An act passed by the Parliament or a Legislative Assembly is subject to judicial review. if the action violates any of the fundamental rights of an individual as enumerated in the Constitution. the Rajya Sabha. The ministers are answerable to both the houses of the Parliament. The judiciary acts as an interpreter of the constitution. Thus. Constitutional remedy against any action of the government is available in a High Court or the Supreme Court. on which the Parliament has no power to enact laws in those regards. these powers are only nominal. which consists of representatives of States. [edit] Parliamentary Democracy The President of India is elected by the Parliament and State Legislative Assemblies. and all the business of the Executive and Laws enacted by the Parliament are in his/her name. [edit] Independent Judiciary The Judiciary of India is free of control from either the executive or the Parliament. and not directly by the people. The residuary powers are vested with the Union.

after the coming into force of constitution. The procedure is laid out in Article 368. laws made after adoption of the Constitution by the Constituent Assembly must be compatible with the constitution. In addition to article 13. In 2000 the National Commission to Review the Working of the Constitution (NCRWC) [21] was setup to look into updating the constitution of India. 2. and certain amendments must also be ratified by the states... administered federally. Judicial review is actually adopted in the Indian constitution from the constitution of the United States of America. if in conflict with it in all or some of its provisions then the provisions of constitution will prevail and the provisions of that pre-constitutional law will not be in force until an amendment of the constitution relating to the same matter. controversially. 226 and 246 provide a constitutional basis to the Judicial review in India. 124. 131. 219. usually populated by a predominant Scheduled Tribe. However they must be approved by a super-majority in each house. Despite these rules there have been 107 amendments (108th being the womens reservation bill passed by the rajya sabha but yet to be approved by the lok sabha) to the constitution since it was enacted in 1950. the provision that is inconsistent with constitution is considered to be void.. otherwise the laws and amendments will be deemed to be void-ab-initio. which is immutable. Judicial Review actually refers that the Constitution is the supreme power of the nation and all laws are under its supremacy. .Main article: Amendment of the Constitution of India Amendments to the constitution are made by Parliament. ^ Scheduled Areas are autonomous areas within a state. In such situations. In the Indian constitution. If such an interpretation is not possible because of inconsistency. An amendment must respect the "basic structure" of the constitution. This is called the Theory of Eclipse. and where a separation is possible. The Supreme Court has ruled. Article 13 deals that 1. [edit] Judicial review of laws This section requires expansion.[citation needed] [edit] Notes 1. that not every constitutional amendment is permissible. In a similar manner. if it is compatible with the constitution as amended. the Supreme Court or High Court interprets the laws as if they are in conformity with the constitution.. Judicial Review is dealt under Article 13. In such situation the provision of that law will again come into force. All pre-constitutional laws. articles 32.

pp.1946 to 24 January 1950)". identified in the Constitution. Nicholas. 1858-1947.in/coiweb/welcome. Retrieved 2008-10-15. 2.nic. ISBN 812190403X. of India. ^ "CONSTITUTION OF INDIA". Ministry of Law and Justice.nic. http://parliamentofindia. Political System of India. ^ Scheduled Tribes are groups of indigenous people. Ambedkar Uniform civil code of India Constitutional economics Constitutionalism Rule according to higher law [edit] References 1. ^ Part I .. ^ "Introduction to Constitution of India".in/coi/contents. 11.in/coiweb/amend/amend42. 2008. Hari (2002). ^ a b c "The Constituent Assembly Debates (Proceedings):(9th December. Ministry of Law and Justice of India. Chand & Co. Her Majesty's Stationery Office.uk/parliamentary_publications_and_archives/parliamentar y_archives/indian_independence. ^ "Parliamentary Archives: HL/PO/1/595/11". ISBN 9780115800825. 3. London. http://lawmin. July. Anmol Publications. 4. The Parliament of India Archive. http://indiacode.htm.htm. The Transfer of Power 1942-7 . Ministry of Law. Moon. 28 August 1976.cfm.in/coiweb/introd. ISBN 8174886907. Retrieved 2008-10-14.html. 3. Ministry of Law and Justice of India.htm.R. ^ "Constitution of India". Parliament and India. 10. http://indiacode. Vol VII. 5. Government of India. Retrieved 2008-10-14. India Code Information System. B.htm. India's Constitution. British Parliamentary Archives. Ministry of Law and Justice of fishys. ^ Pylee. ^ "THE CONSTITUTION (AMENDMENT) ACTS". http://indiacode. Govt. Retrieved 14 July 2010.in/ls/debates/debates. (1997). S. 8. ^ a b Das. pp. M. 29 July 2008. struggling socio-economically [edit] See also India portal • • • • • • • • • History of democracy List of national constitutions Constitution of India at wiki source Magna Carta Dr. Penderel (1977). ^ "Forty-Second Amendment to the Constitution". 7. 9.nic.htm. ^ Mansergh.. http://indiacode. http://www.2. Retrieved 2008-02-22. 6.parliament.nic.nic.V. Retrieved 2008-12-17.in/coiweb/coifiles/amendment.nic. 120.

Commentary on the constitution of India : (being a comparative treatise on the universal principles of justice and constitutional government with special reference to the organic instrument of India). ISBN 0836410971. Dash.htm. S.. NCERT. M. . The Parliament of India Archive.. ^ Part IV 14.nic. Pratap Kumar (1966). Pylee. Hans Raj (1981). Retrieved 2008-02-22.com/news/2007/jan/11indira. Eastern Book Co. ISBN 812190403X. ISBN 8174886907. (1990). Introduction to the Constitution of India (10th ed.). Prentice-Hall of India. Maganathan. Khanna. Pylee. Jayapalan. Chaitanya Pub. ISBN 9788176299960. Constitutional Government in India. et al. South Asia Books.V.htm 20. a Comparative Study.. S. Sen. Chand & Co. ISBN 8121922038. Durga Das (1965).1946 to 24 January 1950)". Eastern Book Co. C. Chand & Co. ^ Part VI 16. Jaya. Durga Das (1984). Ghosh. The legacy of Dr Ambedkar (10th ed.2. ^ http://ncrwc. http://parliamentofindia. ^ Part VII 17.rediff. Durga Das (1984). World Press. House.in/ [edit] Bibliography • • • • • • • • • • • • • • • Baruah. The Constitution of India: How it Has Been Framed. 75–76. 21. Making of India's Constitution. Shreeram Chandra (1968). South Asia Books. Basu. Shorter Constitution of India. Dinesh. ^ Part VIII 18. Aparajita (2007). ISBN 8171567614.). Singh.). India's Constitution. Basu. Basu. ISBN 9780876922002. (1997). The Constitution of India: Popular Sovereignty and Democratic Transformations. ISBN 9788170121084. ^ Ahir. Atlantic Publishers & Distributors. Sarbani (2007).in/ls/debates/debates. Introduction to the Constitution of India (10th ed. (2004). Anmol Publications. Class XI. (2002). Sharma. South Asia Books.V.C. S.12. Sarkar & Sons (Private) Ltd. The Constitution of India. pp. Durga Das (1981). M. ^ Part IX 19. Basu. Political Science. ISBN 9780195686494. Indian Constitution at Work. ^ Part II 13. Constitutional History of India. N. ISBN 0836410971. ISBN 978-8170186038.nic. "The Constituent Assembly Debates (Proceedings):(9th December. ^ http://in. Oxford University Press. Preamble of the Constitution of India : An Insight & Comparison. D. Political System of India. 1 . (1998). ^ Part V 15. Hari Hara (2002). R. Das.

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