Constitution of India

 

 

The Indian Constitution is the world’s lengthiest written constitution which contains 449 articles in 25 parts and 12 schedules and has been amended a total 101 times. It is the supreme law of the country and it lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions while also setting out fundamental rights, directive principles, and fundamental duties of citizens.
 A constitution is a written document that contains a set of rules for a government. It defines the fundamental political principles establishing the structure, procedures, powers, and duties of a government. It limits the power of the government to prevent exploitation and guarantees certain rights to the people. The term constitution can be applied to any overall law that defines the functioning of a government. 

Historical Background

A Drafting Committee was set up by the Constituent Assembly on 29th August 1947 to frame the Indian Constitution under the chairmanship of Dr. B.R. Ambedkar. It took almost three years to draft the Constitution holding eleven sessions over a 165 day period. The Constitution of India draws extensively from Western legal traditions in its outline of the principles of liberal democracy. It follows a British parliamentary pattern with a lower and upper house. It embodies some Fundamental Rights which are similar to the Bill of Rights declared by the United States Constitution. It also borrows the concept of a Supreme Court from the United States.

The Indian Constitution was adopted by the Constituent Assembly of India on 26 November 1949 and was made effective on 26 January 1950 which is celebrated as the Republic Day. The Constitution replaced the Government of India Act, 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony (the process of asserting constitutional nationalism from an external legal or political power), its framers repealed prior acts of the British parliament by enacting Article 395 of the Indian Constitution.

References from other Constitutions:

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British Constitution

·        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