History of Indian Contitution
. Brief history of the development of the Indian Constitution
After the British won the Battle of Palasi in 1757 AD and the Battle of Buxar in 1764 AD, the British East India Company tightened its rule over Bengal. To keep this rule favorable to them, the British passed many acts from time to time, which became the steps for the development of the Indian Constitution. They are as follows-
Regulating Act of 1773 AD: This Act has immense constitutional importance; As-
(a) This was the first step taken by the British Government towards regularizing and controlling the operations of the East India Company in India. That is, parliamentary control was established over the governance of the Company.
(b) For the first time, the administrative and political functions of the Company were recognized by it.
(c) By this the foundation of central administration was laid.
Indian Constitution Assembly
On the basis of the recommendations of the Cabinet Mission, the Constituent Assembly, which drafted the Indian Constitution, was formed in July 1946. (The members of the Cabinet Mission were Sir Stephen Kia, Lord Pethick Lawrence and A.B. Alexander.)Note: The idea of a Constituent Assembly for the creation of a Constituent Assembly for India was first presented by the Swaraj Party in 1924 AD. The total number of members of the Constituent Assembly was fixed at 389, of which 292 were representatives of British provinces, 4 were representatives of Chief Commissioner areas and 93 were representatives of princely states. According to the Mission Plan, Constituent Assembly elections were held in July, 1946. Out of a total of 389 members, elections were held for 296 members assigned to the provinces, who were elected by the Legislative Assemblies of the various provinces. In this, Congress got 208 seats, Muslim League got 73 seats and 15 candidates from other parties and independent candidates were elected. On December 9, 1946, the first meeting of the Constituent Assembly was held in the library building of the Council Chamber in New Delhi. Dr. Sachchidanand Sinha, the oldest member of the Sabha, was elected the temporary president of the Sabha. The Muslim League boycotted this meeting and started demanding a completely separate Constituent Assembly for Pakistan. Note: Hyderabad was a princely state whose representatives did not participate in the Constituent Assembly. The provinces or princely states were given representation in the Constituent Assembly in proportion to their population. Generally one place was allotted for a population of 10 lakhs. The representation of the provinces was divided mainly on the basis of population of three major communities, these communities were – Muslims, Sikhs and General.
Major committees of the Constituent Assembly and their chairmen
Major committees of the Constituent Assembly and their chairmen
1. Steering Committee Dr. Rajendra Prasad
2. Federal Constitution Committee Pandit jawaharlal nehru
3. Provincial Constitution Committee Sardar Vallabhai Patel
4. Drafting Committee Dr. Bhimrao Ambedkar
5. Sangha Shakti Samiti Pandit jawaharlal nehru
6. Fundamental Rights and Minorities Sardar Vallabhbhai Patel advisory committee on
7. Ad Hoc Committee on National Flag Dr. Rajendra Prasad
Note: Consultative Committee on Fundamental Rights and Minorities .There were two subcommittees
(a) Fundamental Rights Subcommittee- J. V. Kripalani
(b) Minority Subcommittee-H. C. Mukherjee
The 296 representatives of the British provinces in the Constituent Assembly were divided on communal basis – 213 general, 79 Muslims and 4 Sikhs. The number of Scheduled Tribe members among the members of the Constituent Assembly was 33.
The number of women members in the Constituent Assembly was.
On December 11, 1946, Dr. Rajendra Prasad was elected the permanent President of the Constituent Assembly.
The proceedings of the Constituent Assembly began on December 13, 1946 with the objective resolution moved by Jawaharlal Nehru After the approval of the objective resolution on January 22, 1947, the Constituent Assembly appointed several committees for drafting the Constitution. The main ones among them were – Negotiation Committee, Union Constitution Committee, Provincial Constitution Committee, Union Power Committee, Draft Committee
Preamble or Preamble of the Indian Constitution
The ideals presented in the Objective Resolution presented by Nehru were included in the Preamble of the Constitution. 42nd part of the constitution. This preamble, as amended by the amendment (1976 AD), is as follows – “We the people of India, to make India a completely sovereign, socialist, secular, democratic republic. And to ensure to all its citizens: social, economic and political justice, freedom of thought, expression, belief, religion and worship, equality of status and opportunity and in all such fraternity ensuring the dignity of the individual and the unity and integrity of the nation. to increase “With strong resolve, in this Constituent Assembly of ours, on this 26th day of November, 1949 AD (Miti Marg Shirsha Shukla Saptami, Samvat 2006 Vikrami), we hereby adopt, enact and dedicate this Constitution.”
Main points of the introduction:
Main points of the introduction:
The Preamble of the Constitution is called the ‘key to the Constitution’. Preamble, despite being the initial number of the Constitution, is not legally considered a part of it. According to the Preamble, the focus or source of all powers under the Constitution is the ‘people of India’.
A The words written in the Preamble – “We the people of India… do adopt, enact and dedicate this Constitution” proclaim the supreme sovereignty of the Indian people. The ‘Preamble’ cannot be enforced in the Court. This decision was declared in the decision of Union of India vs. Madan Gopal, 1957. That is, if the government or any citizen disregards the Preamble then we cannot take the help of the court to protect it. In the Berubari Union case (1960), the Supreme Court ruled that where the language of the Constitution is doubtful, the Preamble helps in legal selection. In the Berubari case itself, the Supreme Court did not consider the Preamble as a part of the Constitution. Therefore the legislature cannot amend the Preamble. But in the case of Keshavananda Bharati vs. State of Kerala, 1973 AD, the Supreme Court said that the Preamble is a part of the Constitution. Therefore the legislature (Parliament) can amend it.
In the Kesavananda Bharti case itself, the Supreme Court gave the Theory of Basic Structure and considered the Preamble as the basic structure of the Constitution. Parliament cannot make negative amendments in the basic structure of the Constitution, clearly Parliament can make such amendments which expand and strengthen the basic structure. By the 42nd Constitution Amendment Act, 1976, the words ‘socialist’, ‘secular’ and ‘national integrity’ were added to it. In the Preamble of the Constitution of India, three types of justice (social, economic and political), five types of freedom (thought, expression, belief, religion and worship) and two types of equality (reputation and opportunity) have been mentioned.
The Constitution of India is the largest written and most comprehensive constitution in the world. It is partly rigid and partly flexible. Note: The concept of written constitution is the gift of France
Foreign sources of Indian Constitution
In making the Constitution of India, help has been taken from the constitutions of the following countries-
1. United States: Fundamental Rights, Judicial Review,
Supremacy of the Constitution, independence of the judiciary, elected President and his impeachment, Vice President, method of removing judges of the Supreme and High Courts and financial emergency.
2. Britain: Parliamentary system of governance, single citizenship and law manufacturing process.
3. Ireland: Directive principles of policy, system of electoral college of the President, nomination of eminent persons in the field of literature, art, science and social service etc. by the President in the Rajya Sabha.
4. Australia: Language of the Preamble, provision of the Concurrent List, relationship between the Center and the States and division of powers, parliamentary privileges.
5. Germany: The President has fundamental powers during the enforcement of emergency. Jurisdictional powers.
6. Canada: Federal characteristics, residual powers with the Centre, process for appointment of the Governor, no division of powers between the Union and the States.
7. South Africa: Provision for the process of constitutional amendment.
8. Russia: Provision of fundamental duties.
9. Japan: Procedure established by law
Part 1. Union and its territories ( Article 1,to Article 4)
India is a union of states, consisting of 28 states and 7 centres. Are administered territories.
Article-1: 1. Bharat i.e. India will be a union of states. 2. The States and their territories shall be as specified in the First Schedule. 3. The territory of India will include other acquired territories.
Article-2: The Parliament of India was given the power by law to admit or establish new states in the Union on such terms and conditions as it thinks fit.
Article 3: Parliament may by law create new States and alter the areas, boundaries or names of existing States.
Part 2. Indian Citizenship (Part 2, Articles 5 to 11)
There is a provision for single citizenship in India.
1. Every person who is born in India on or after the coming into force of the Constitution on 26th January, 1950, shall be a citizen of India by birth. Exceptions: Children of diplomats, children of foreigners .According to the Indian Citizenship Act, 1955, citizenship can be obtained on any one of the following grounds:
2. Citizenship by descent: A person born after January 26, 1950 in any other country outside India will be considered a citizen of India, if at the time of his birth either of his parents is a citizen of India. Note: The provision of granting citizenship to a person born abroad on the basis of mother’s citizenship has been made by the Citizenship Amendment Act 1992.
3. Citizenship by Naturalization Indian citizenship can be obtained by obtaining a certificate of naturalization from the Government of India.
4. Citizenship by Registration: People falling into the following categories
Can acquire Indian citizenship through registration – (a) Those persons who have been living in India for six months before the date of submission of registration application.
(b) Those Indians who are residing in any country outside undivided India,
(c) Those women who have married Indians or will marry in future.
(e) Citizens of Commonwealth countries, residing in India or
d) minor children of Indian citizens;
Must be working in Government of India. You can get Indian citizenship by submitting the application form.
5. By land expansion: If any new territory is included in India, then the people living in that area automatically acquire Indian citizenship.
Indian Citizenship Amendment Act, 1986: On the basis of this Act, the following amendments have been made in the Indian Citizenship Amendment Act, 1955- Now in India, citizenship will be granted only to that person, one of whose parents is a citizen of India. Individuals who wish to obtain Indian citizenship through registration must now reside in India for at least five years. Earlier this period was six months.
Citizenship will be granted through naturalization only when the person concerned has lived in India for at least 10 years. Earlier this period was 5 years. The Citizenship Amendment Act, 1986 will be applicable to all the states of India including Jammu and Kashmir and Assam. End of Indian Citizenship: Indian citizenship can end in the following ways: 1. By renouncing citizenship. 2. On accepting citizenship of another country. 3. On snatching of citizenship by the government. The Legislature of the State of Jammu and Kashmir has been given the power to grant rights and privileges to persons permanently resident in the State in respect of the following subjects: 1. Regarding employment under the state. 2. Regarding acquisition of immovable property in the state. 3. Regarding permanent settlement in the State. 4. Scholarships or similar assistance, Which the state government provides
Part 3. Fundamental Rights(Article 12, to Article 35,)
It is taken from the Constitution of the United States of America. It is described in Part-3 of the Constitution (Article-12 to Article-35). Part-3 of the Constitution is called the Magna Carta of India. It is also called the father of fundamental rights.
Fundamental rights can be amended and during national emergency (Article 352), other fundamental rights can be suspended except the right to life and personal liberty.
There were seven fundamental rights in the original Constitution, but by the 44th Constitutional Amendment (1978 AD), the right to property (Articles 31 and 19A) was removed from the list of fundamental rights and it was made a legal right under Article 300 (a) of the Constitution. Has been kept in the form.
Note: In 1931 AD, in the Karachi session (President Sardar Vallabhbhai Patel), Congress demanded fundamental rights in the manifesto. The fundamental rights were drafted by Jawaharlal Nehru.
1. Right to parity or equality
Article 14 (Equality before law): This means that the state will make uniform laws for all persons and apply them equally.
A Article-15 (Prohibition of discrimination on the basis of religion, race, caste, sex or place of birth): The State shall not discriminate against citizens on the basis of religion, race, caste, sex and place of birth etc. in any field of life. There will be no discrimination.
Article 16 (Equality of opportunity in the matter of public employment): Related to employment or appointment to any post under the State. There will be equality of opportunity for all citizens in all matters. Exception-Scheduled Caste, Scheduled Tribe and Backward Class.
Article 17 (Abolition of untouchability): For the abolition of untouchability, it has been declared a punishable offence.
Article 18 (End of titles): In case of military or military honors
Apart from this, no other title will be awarded by the state. No citizen of India can accept any title from any other country without the permission of the President.
5. Rights related to culture and education
Article 29 (Protection of interests of minorities): Any minority group may protect its language, script and culture and shall not be denied admission to any government educational institution on the basis of language, caste, religion and culture alone. Will be stopped. Note: At present six communities – Muslim, Parsi, Christian, Sikh, Buddhist and Jain – have been given minority status. To provide a proper basis for the development of the minority community, the Prime Minister’s 15-point program was started by the then Central Government in 2005.
Article 30 (Right of minority sections to establish and administer educational institutions): Any minority section can run an educational institution of its choice and the Government shall not discriminate in any way in granting grants to it.
6. Right to constitutional remedies
‘Right to Constitutional Remedies’ by Dr. Bhimrao Ambedka. Where is the soul of the Constitution?
Article 32: Under this, the right to apply to the Supreme Court for taking appropriate actions to enforce fundamental rights has been provided. In this context, the Supreme Justice has been given the power to issue five types of writs – 1. habeas corpus, 2. mandamus, 3. prohibition, 4. certiorari, 5, quo-warranto
Habeas Corpus: It is issued on the request of a person who believes that he has been illegally detained. Through this, the court orders the arresting officer to present the arrested person at a specified place and within a specified time, so that the judge can consider the reasons for the arrest.
Mandamus: The writ of mandamus is issued at the time When an official performs his public duty. On the basis of this type of order, orders are issued for the officer to perform his duty. By issuing orders to the lower courts and quasi-judicial tribunals, the states are ordered not to take action in this matter, because this matter is beyond their jurisdiction.
Prohibition: This decree is issued by the Supreme Court and the High Court
Escalation: By this, the subordinate courts are instructed to send the cases pending with them to the superior court for adjudication.
Question paper: When a person meets with such an official starts to act, which he has no legal right to act, then the court, by way of interrogatory, asks the person as to what authority he is acting and until he is satisfied that gives, he cannot do the work