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Constitution of India
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Constitution of India (Hindi: , see names in other Indian languages) is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. It is the longest written constitution of any sovereign country in the world, containing 444 articles in 24 parts, 12 schedules and 94 amendments, for a total of 117,369 words in the English language version. Besides the English version, there is an official Hindi translation. Passed by the Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950.  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, endeavors to promote among them all, fraternity. The words "socialist", "secular", and "integrity" were added to the definition in 1976 by constitutional amendment.  India celebrates the adoption of the constitution on 26 January each year as Republic Day. After coming into effect, the Constitution replaced the Government of India Act 1935 as the governing document of India.
Contents [hide] 1 Background 2 Evolution of the Constitution 2.1 Acts of British Parliament before 1935 2.2 Government of India Act 1935 2.3 The Cabinet Mission Plan 2.4 Indian Independence Act 1947 3 Constituent Assembly 3.1 Drafting 4 Structure 4.1 Parts 4.2 Schedules 5 System of government 5.1 Federal Structure 5.2 Parliamentary Democracy
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Constitution of India
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provincial autonomy.Wikipedia. The Cabinet Mission Plan Main article: 1946 Cabinet Mission to India  In 1946. along with a Council of India to aid him. The British Parliament passed the Government of India Act of 1858 to this effect. Many key features of the constitution are directly taken from this Act. along with the Dominion of Pakistan. Evolution of the Constitution Acts of British Parliament before 1935   After the Indian Rebellion of 1857. India ceased to be a dominion of the British Crown. had a great impact on the constitution of India. the free encyclopedia 5. proclaiming India to be a sovereign. though never implemented fully. The constitution of India was adopted on 26 November 1949 and came into effect on 26 January 1950. This period saw the gradual rise of the Indian independence movement to gain independence from foreign rule. consisting of high officials of the British Government. however their power remained limited.  The Mission http://en. setting up the structure of government in India. The Government of India Acts of 1909 and 1919 further expanded participation of Indians in the government. The Indian Councils Act of 1892 established provincial legislatures and increased the powers of the Legislative Council. It also established the office of the Governor-General of India along with an Executive Council in India. separation of legislative powers between the center and provinces are some of the provisions of the Act which are present in the Indian constitution. These acts increased the representation of Indians in the government. It established in England the office of the Secretary of State for India through whom Parliament would exercise its rule.wikipedia.Constitution of India . It contained the founding principles of the law of the land which would govern India after its independence from British rule. and British India came under the direct rule of the Crown. bicameral legislature consisting of a federal assembly and a Council of States. Government of India Act 1935 Main article: Government of India Act 1935  The provisions of the Government of India Act of 1935. On the day the constitution came into effect. democratic republic. The movement culminated in the formation of the Dominion of India on 15 August 1947.3 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 Background Main article: Indian independence movement  The majority of the Indian subcontinent was under British colonial rule from 1858 to 1947. British Prime Minister Clement Attlee formulated a cabinet mission to India to discuss and finalize plans for the transfer of power from the British Raj to Indian leadership as well as provide India with independence under Dominion status in the Commonwealth of Nations. The Indian Councils Act of 1861 provided for a Legislative Council consisting of the members of the Executive council and non-official members. the British Parliament took over the reign of India from the British East India Company.org/wiki/Indian_Constitution[1/24/2011 11:26:41 AM] . The federal structure of government.
P. a proposal for forming various committees was presented. R. Munshi. There were more than 30 members of scheduled classes. B. the establishment of a supreme court. Modi. with Dr Ambedkar as the Chairman along with six other members. Prominent jurists like Alladi Krishnaswamy Iyer. Constituent Assembly Main article: Constituent Assembly of India The Constitution was drafted by the Constituent Assembly. of a federal structure (a constitutional division of power between the union [central] and state governments) The Assembly met in sessions open to the public. for 166 days. India ceased to be a dominion of the British Crown and became a sovereign democratic republic. Ganesh Mavlankar were also members of the Assembly.wikipedia. albeit in modified form. Sarojini Naidu. The Constituent Assembly was divided into two for the separate states. which was elected by the elected  members of the provincial assemblies.org/wiki/Indian_Constitution[1/24/2011 11:26:41 AM] . The Chairman of the Minorities Committee was Harendra Coomar Mookerjee. M.  After many deliberations and some modifications. and the Parsis were represented by H. Durgabai Deshmukh and Rajkumari Amrit Kaur were important women members. Rajendra Prasad was elected president of the Constituent Assembly. Dr Ambedkar. the Union Powers Committee and Union Constitution Committee. Indian Independence Act 1947 Main article: Indian Independence Act 1947  The Indian Independence Act. Jawaharlal Nehru. 26 November 1949 is also known as National Law Day. A Draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947. were most heavily influenced by the British model of parliamentary democracy. which were to be dominions under the Commonwealth of Nations until their constitutions came into effect. a distinguished Christian who represented all Christians other than AngloIndians. which came into force on 18 July 1947. and granted sovereignty over the lands to the respective Constituent Assemblies. Ari Bahadur Gururng represented the Gorkha Community. the Drafting Committee was appointed. Benegal Narsing Rau and K.Constitution of India . though drawing on many external sources. including the separation of powers among the major branches of government. Frank Anthony represented the Anglo-Indian community. When the Constitution of India came into force on 26 January 1950. Hansa Mehta. the 308 members of the Assembly signed two hand-written copies of the document http://en. it repealed the Indian Independence Act. Ambedkar. The architects of India’s constitution. the free encyclopedia discussed the framework of the constitution and laid down in some detail the procedure to be followed by the constitution drafting body.Wikipedia. The members of the Constituent Assembly met for the first time in 1946 on 9 December. The first president of the Constituent Assembly was Sachidanand Sinha later. 11 months and 18 days before adopting the Constitution. The Act relieved the British Parliament of any further rights or obligations towards India or Pakistan. and the adoption. divided British Indian territory into two new states: India and Pakistan. spread over a period of 2 years. Shyama Prasad Mukherjee and Nalini Ranjan Ghosh were some important figures in the Assembly.  Drafting  In the 14 August 1947 meeting of the Assembly. The Constituent Assembly first met and began work on 9 December 1946. Rajagopalachari. Sardar Vallabhbhai Patel. Rajendra Prasad. C. a number of principles were adopted from the Constitution of the United States of America. Such committees included a Committee on Fundamental Rights. On 29 August 1947. Elections for the 296 seats assigned to the British Indian provinces were completed by August 1946. Maulana Abul Kalam Azad. In addition.
Short title.Relations between the Union and the States. 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).The Union Territories Part IX  . Part XII . and Mizoram.The Union. Part VII  . Contracts and Suits Part XIII .Panchayat system and Municipalities. Second Schedule (Articles 59.  Parts Parts are the individual chapters in the Constitution.Languages Part XVIII .Union and its Territory Part II  . Meghalaya. Transitional and Special Provisions Part XXII . Part XVII . The Constitution has undergone 94 amendments in the 60 years since its enactment. 186 and 221) — Emoluments for High-Level Officials – This lists the salaries of officials holding public office. 65.Emergency Provisions Part XIX . 164.  Structure The Constitution. state.States in the B part of the First schedule(Repealed). and concurrent lists http://en. 2 appendices  and 94 amendments to date.Miscellaneous Part XX . focusing on specific issues of law. and Controller and Auditor-General of India. 124.Trade and Commerce within the territory of India Part XIV . consists of a preamble. Part VIII  . Seventh Schedule (Article 246) — The union (central government).Temporary. First Schedule (Articles 1 and 4) — States and Union Territories – This lists the states and territories on of India.Amendment of the Constitution Part XXI . Part X .The scheduled and Tribal Areas Part XI . the States and Tribunals Part XV . 148.The States. the free encyclopedia (one each in Hindi and English) on 24 January 1950. Part III . 22 parts containing 395 articles. Two days later. in its current form. 188 and 219) — Forms of Oaths – This lists the oaths of offices for elected officials and judges. 158. Although it is federal in nature with strong unitary bias.Constitution of India . 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. 99.org/wiki/Indian_Constitution[1/24/2011 11:26:41 AM] .Citizenship.Directive Principles and Fundamental Duties.Fundamental Rights Part IV  . Preamble Part I  . 97. Part V  .Finance.wikipedia.Special Provisions Relating to certain Classes. Property. Part VI  . date of commencement. the Constitution of India became the law of all the Indian lands. in case of emergencies it takes unitary structure.Elections Part XVI .Wikipedia. 148.Services Under the Union. Authoritative text inHindi and Repeals  Schedules  Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government. judges. 125. lists any changes to their borders and the laws used to make that change. 12 schedules. Tripura. 75. Sixth Schedule (Articles 244 and 275)— Provisions for the administration of tribal areas in Assam. Third Schedule (Articles 75. 164.
caste and community.. where both the State Legislature as well as the Parliament have powers to enact laws.Wikipedia. it is felt. It enumerates the powers of the Parliament and State Legislatures in three lists.. and not directly by the people. Unfortunately. these powers are only nominal. It must be a stable executive. The President is the Head of the State. However. on which the Parliament has no power to enact laws in those regards. State list and Concurrent list. foreign policy. Ninth Schedule (Article 31-B) . the free encyclopedia of responsibilities. local governments. The Prime Minister and the Council of Ministers exercise their offices only as long as they enjoy a http://en.  “ A democratic executive must satisfy three conditions: 1. certain taxes are examples of subjects of the State List. transportation.Articles mentione here are immune from judicial review. namely Union list.. which is not available in the American system is. far more effective than the periodic assessment and far more necessary in a country like India. . The upper house of the Parliament. is also an example of the federal nature of the government. and 2. 3. The residuary powers are vested with the Union. issuance of currency are reserved to the Union list. it has not been possible so far to devise a system which can ensure both conditions in equal degree. Eleventh Schedule (Article 243-G) — Panchayat Raj (rural local government). Education. It must be a responsible executive. Dr.wikipedia. Tenth Schedule (Articles 102 and 191) — "Anti-defection" provisions for Members of Parliament and Members of the State Legislatures. which consists of representatives of States. The daily assessment of responsibility. ”  Federal Structure The constitution provides for distribution of powers between the Union and the States. Subjects like national defense.. System of government The basic form of the Union Government envisaged in the Constitution is as follows. and all the business of the Executive and Laws enacted by the Parliament are in his/her name. It must be impartial to all religion. Twelfth Schedule (Article 243-W) — Municipalities (urban local government). Parliamentary Democracy  The President of India is elected by the Parliament and State Legislative Assemblies. The Draft Constitution in recommending the parliamentary system of Executive has preferred more responsibility to stability. barring exceptional conditions. Eighth Schedule (Articles 344 and 351) — The official languages.org/wiki/Indian_Constitution[1/24/2011 11:26:41 AM] . Public order. Bhimrao Ramji Ambedkar was the chairman of the Constitution Drafting Committee. and the President must act only according to the advice of the Prime Minister and the Council of Ministers. criminal law are a few subjects of the Concurrent list. the Rajya Sabha.Constitution of India .
In the Indian constitution. after the coming into force of constitution.wikipedia. the Parliament exercises control over the Executive. The Supreme Court has ruled that not every constitutional amendment is permissible. and an intermediary in case of disputes between two States. Judicial review of laws This section requires expansion. In 2000 the National Commission to Review the Working of the Constitution (NCRWC)  was setup to look into updating the constitution.  Judicial review is adopted in the Indian constitution from the constitution of the United States of America. Judicial Review is dealt with under Article 13. which is immutable. An act passed by the Parliament or a Legislative Assembly is subject to judicial review. As of September 2010. However. the constitution is so specific in spelling out government powers that many of these issues must be addressed by constitutional amendment. and half of the total membership of the House. Article 13 states that 1. the document is amended roughly twice a year. the Ministers must themselves be elected members of either house of the Parliament. As a result. or between a State and the Union. the lower house of the Parliament.org/wiki/Indian_Constitution[1/24/2011 11:26:41 AM] .Wikipedia. Independent Judiciary  The Judiciary of India is free of control from either the executive or the Parliament. which consists of members directly elected by the people. 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- http://en. certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. An amendment must respect the "basic structure" of the constitution. Thus. the free encyclopedia majority support in the Lok Sabha. Judicial Review refers that the Constitution is the supreme power of the nation and all laws are under its supremacy. Original Unamended Constitution of India  The original constitution of India without any amendments can be found here: Original Unamended version of the Constitution of India Changing the constitution Main article: Amendment of the Constitution of India  Amendments to the constitution are made by the Parliament. In addition to this. All pre-constitutional laws. An amendment bill must be passed by both the Houses of the Parliament by a supermajority consisting of 2/3rd of the members present and voting. there have been 108 amendment bills presented in the Parliament. and can be declared unconstitutional by the judiciary if it feels that the act violates some provision of the Constitution.Constitution of India . A similar structure is present in States. The judiciary acts as an interpreter of the constitution. Also. if the action violates any of the fundamental rights of an individual as enumerated in the Constitution. Most of these amendments address issues dealt with by statute in other democracies. where the directly elected Legislative Assembly enjoys control over the Chief Minister and the State Council of Ministers. the procedure for which is laid out in Article 368. out of which 94 have been passed to become Amendment Acts. The ministers are answerable to both the houses of the Parliament. Constitutional remedy against any action of the government is available in a High Court or the Supreme Court.
131. and where a separation is possible. of India.in/coiweb/welcome. struggling socio-economically See also History of democracy List of national constitutions Constitution of India at wiki source Magna Carta Dr.htm . the free encyclopedia constitutional law will not be in force until an amendment of the constitution relating to the same matter.R.in/coiweb/coifiles/amend . Ministry of Law. Ministry of Law and Justice of India. 124. http://indiacode. Retrieved 2008-12-17. Retrieved 2008-02-22. 5. B. 8. In such situations. 4.nic.Wikipedia. 2.V. M. 11.wikipedia.uk/parliamentary_pub . 9. If such an interpretation is not possible because of inconsistency. (1997). http://parliamentofindia. 10. 29 July 2008. ^ Scheduled Areas are autonomous areas within a state. Chand & Co. usually populated by a predominant Scheduled Tribe. identified in the Constitution. 219. ^ Pylee. British Parliamentary Archives. In such situation the provision of that law will again come into force. Retrieved 2008-10-14. 1858-1947. laws made after adoption of the Constitution by the Constituent Assembly must be compatible with the constitution. the provision that is inconsistent with constitution is considered to be void. the Supreme Court or High Court interprets the laws as if they are in conformity with the constitution. 2.1946 to 24 January 1950)" . Retrieved 2008-10-15. ^ "CONSTITUTION OF INDIA" . 3. This is called the Theory of Eclipse .org/wiki/Indian_Constitution[1/24/2011 11:26:41 AM]  London .in/coiweb/introd. http://www.nic.  2. ^ "Constitution of India" .. India's Constitution. 228 and 246 provide a constitutional basis to the Judicial review in India.in/coi/contents.parliament. ^ Part II 13.nic. ^ "Introduction to Constitution of India" . India Code Information System. ^ Part IV . ISBN 9780115800825.nic. ^ Scheduled Tribes are groups of indigenous people. 3. Parliament and India. Notes 1.nic. ^ a b c "The Constituent Assembly Debates (Proceedings):(9th December. articles 32.htm . Govt. July. ^ "Forty-Second Amendment to the http://en. administered federally. if it is compatible with the constitution as amended. Ministry of Law and Justice of India. ^ Part I 12. otherwise the laws and amendments will be deemed to be void-ab-initio. In addition to article 13. http://indiacode. 2008. Ambedkar Uniform civil code of India Constitutional economics Constitutionalism Rule according to higher law  India portal References 1. http://indiacode. S. ISBN 812190403X. Retrieved 14 July 2010. Ministry of Law and Justice. ^ "Parliamentary Archives: HL/PO/1/595/11" .in/ls/debates/deb .html .Constitution of India . http://lawmin. ^ a b c d "THE CONSTITUTION (AMENDMENT) ACTS" . pp. Government of India. The Parliament of India Archive. In a similar manner.
Eastern Book Co. D. The Constitution of India: Popular Sovereignty and Democratic Transformations. 7. Ministry of Law and Justice of fishys. Shreeram Chandra (1968). ISBN 9780876922002. Basu. the free encyclopedia Constitution" . The legacy of Dr Ambedkar (10th ed. Das. Durga Das (1965). M. Hari (2002). Oxford University Press. 120. 1 .. The Parliament of India Archive. Hans Raj (1981).in/ls/debates/debates. Retrieved 2008-02-22.C. Khanna. India's Constitution. 6. Pratap Kumar (1966).. http://indiacode. ^ http://ncrwc. 14. ISBN 9780195686494. ISBN 0836410971.). R. ISBN 9788176299960. ^ Part VII 17. 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). et al.. ISBN 8174886907. Pylee. (1997).nic. Basu. Anmol Publications. Sharma. Jaya. Pylee. ^ Part VIII 18..V. "The Constituent Assembly Debates (Proceedings):(9th December. External links Wikimedia Commons has media related to: Constitution of India Find more about Constitution of India on Wikipedia's sister projects: Definitions from Wiktionary Images and media from Commons  http://en. (2002). Shorter Constitution of India.). The Constitution of India: How it Has Been Framed. House. ^ Part VI 16. Sarbani (2007). Dinesh. NCERT. Atlantic Publishers & Distributors. ISBN 8121922038. World Press. C. Political System of India. M.in/coiweb/amend/amend . ISBN 978-8170186038. Hari Hara (2002). Indian Constitution at Work.V. Moon. S. ISBN 812190403X. Ghosh. ISBN 8171567614. Sen.Wikipedia.htm . ISBN 8174886907. Vol VII. Eastern Book Co. Constitutional History of India. Durga Das (1984). Basu. Prentice-Hall of India. (1998). Introduction to the Constitution of India (10th ed. Her Majesty's Stationery Office. Maganathan. Jayapalan. Aparajita (2007). Constitutional Government in India. 20. pp. Basu. The Constitution of India. S. Sarkar & Sons (Private) Ltd. ^ Ahir. Political Science.in/  Bibliography Baruah. ^ Part IX 19. ISBN 9788170121084. Nicholas. ^ Part V 15. Political System of India. Penderel (1977). pp.wikipedia. South Asia Books. S. Making of India's Constitution. Anmol Publications. Durga Das (1981). Chaitanya Pub. South Asia Books. Preamble of the Constitution of India : An Insight & Comparison. Durga Das (1984). South Asia Books. 28 August 1976. a Comparative Study. The Transfer of Power 1942-7 . Retrieved 2008-10-14.nic. N. (1990).org/wiki/Indian_Constitution[1/24/2011 11:26:41 AM] .2. Introduction to the Constitution of India (10th ed. Class XI. Chand & Co. ^ Mansergh. ^ a b Das. (2004). Chand & Co.Constitution of India . Singh.1946 to 24 January 1950)" . http://parliamentofindia. ISBN 0836410971.). 75–76. Dash.nic.
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