Blog Satendra
Blog Satendra
Blog Satendra
Constitution is a written document that determine legal basis of a country and determine how
that country is to be govern. The Indian constitution is lengthiest constitution in the world and
adopted parliament form of democracy. It is a supreme law in India. First meeting of the
Constituent Assembly for drafting the constitution was held on 9 December 1946. It was
drafted by the constituent assembly of India under the chairmanship of Dr. B. R. Ambedkar
in approximately three years. It was adopted on 26 November 1949 with 395 Articles, 22
parts and 8 schedules and came in force on 26 January 1950. The Indian Constitution has
borrowed most of its provision from the constitution of various other countries like –
fundamental right borrowed from constitution of USA, parliamentary form of government
and bicameralism borrowed from Britain, directive principle and state policy borrowed from
Spain, fundamental duties of citizens borrowed from France and the emergency provision
borrowed from Germany etc. B. R. Ambedkar said that the constitution of India has been
framed after ransacking all the known Constitution of the world. The Constitution of India
applicable on every citizen of India irrespective of their cast, religion, sex or place of birth. It
divided the power of government into three parts - executive, judiciary and legislative except
these the Indian constitution also provides certain independent bodies, some of these are
election commission, comptroller and auditor general, union public service commission and
state public service commission etc. Earlier the Parliament has power to amend any part of
constitution. However, in 1973 the Supreme Court of India declared that constituent power of
Parliament under Article 368 does not enable it to amend the basic structure of the
Constitution1. If any law violates this that will be declare null and void by the Supreme Court
or High Court.
EVOLUTION OF CONSTITUTION: -
As we all know that our country, India, has its own constitution and the Constitution starts
with Preamble which declares India a sovereign, socialist, secular, democratic and republic
and assure its all citizen justice, equality, liberty and fraternity. Before independent, India
was the British colony. For ruling the country, they started making constitution. In 1958,
when the Government of India Act passed, we can see many changes like the British crown
assumed sovereignty over India from East India Company, and parliament enacted the first
statute for the governance of India Under the direct rule of British Government. Governor
General of India converted into viceroy of India and one more body appointed to exercise the
power of the crown, known as Secretary of State. After that many Act was passed by
Britisher to control India. Morley – Minto reform and Indian council Act, 1909, it provided
for the first - time separate representation of Muslim community and also it increases the size
of legislative council by electing non official members so that official majority was gone.
1
Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225
The next landmark in the constitutional development of India is the Montagu – Chelmsford
report which led to enactment of Government of India Act, 1919. During the first world war,
the India National Congress which established in 1985 under the guidance of British civil
servant Allan Octavian Hume became more active and started its campaign for self -
government. In this act, Dyarchy or dual government was also introduced in which
administration were divided into two categories – Central and Provincial.
CONSTITUENT ASSEMBLY: -
The Indian Constitution was drafted by the constituent assembly. In August 1928, the All
Parties Conference conveyed a committee in Lucknow to Prepare the Constitution of India,
this report is now Known as Nehru Report. Demand of a Constituent Assembly for India was
put forward for the first time by M. N. Roy who was a member of communist movement in
India. In 1935 the Indian National Congress for the first time, officially demanded a
Constituent Assembly for making of constitution and in 1938, Jawahar Lal Nehru on the
behalf of Indian National Congress declared that the constitution of Independent India must
be framed by a Constituent Assembly without outside interference. After many struggles,
finally in November 1946, the Constituent Assembly was constituted by cabinet Mission
Plan. Total strength of the Constituent Assembly was 389 (296 seats were allotted to British
India and 93 seats to the Princely state). The Constituent Assembly held its first meeting on
December 9, 1946 and Dr. Sachchidanand Sinha was elected as first temporary president of
the Assembly. On 11 December 1946, Dr. Rajendra Prasad was elected as the president of the
constituent assembly and H. C. Mukherjee was elected as the vice president of constituent
assembly. The Constituent Assembly appointed a number of committees to deal with
different task of constitution – making. In this, eight were the major committees and other are
minor committees. The Constitution makers had gone through the constitutions of about 60
countries and the total expenditure incurred on making the constitution was about 64 lakhs
and the Constituent Assembly had eleven sessions over 2 year, 11 months and 18 days.
Drafting of Constitution was completed on November 26, 1949 and after thirty years,
Supreme Court Bar Association under the leadership of Dr. L. M. Singhvi declared 26th
November as the National Law Day. On January 26, 1950 the Constitution of India came into
force and India became a republic country and 26 January celebrated as Republic Day.
CONLUSSION: -
Constitution is very important for good governing of any country because it gives a direction
to the country how make changes for improvement. If we take a close look at the
Constitution, we will find that the rule of law runs through the entire fabric of the
Constitution like a golden thread. The constitution limits the power of government so that
Government stop from using his power negatively. The constitution gives the law - making
power to both Centre and State. However, centre is more powerful than state and it also gives
Supreme court which will resolve the conflicts between states or between centre and state.
Constitution gives us right to ask any question from government, we can choose any religion
and we can take admission any college or school in any part of India. All the citizens of India
who are the age of 18 year or above by universal adult franchise. After the Indian
Constitution came into force, it totally changed the structure of the country.