constitution of india - Let's Crack It

CONSTITUTION OF INDIA:

The constitution of a country is collection of some basic laws. By these different laws , not the system of governments are formed , but the mutual relations between these governments and citizens are also decided. 

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 Constitution_of_India the foundational law of our country which contains the fundamental principle on which the government of that country is based .

 The constitution of India decides the form of all the elements of the government i.e. Legislature , Executive and Judiciary   It also formulates the powers and limitations of every organ of the government.

With the exception of the United Kingdom(U.K.), almost the democratic countries possess a written constitution  The power vest in the people of the country , in the form of Democratic Government. 

In its ideal form, such powers should be used by the public , as it was used to be done , in ancient period , through “Assembly”, Committee,but the present time the volume and form of the Nations are very big , where it is not possible to apply ‘Direct Democracy’. 

OTHER CONSTITUTION:

Our present constitution -— The first constitution of India framed and given to themselves by the people of India was adopted by the Constituent Assembly on 26 November ,1949  It came into full operation with effect from 26 January ,1950. The Constitution as originally adopted had 22 parts  

● India has been the victim of foreign evaders , since the medieval age , after its ancient glorious and inspiring past period  These foreign Evaders , governed India, by their cruel ways. After this period, India became the victim of the British Colonialism.

● The East India Company, which was formulated in the year 1600, for conducting business activities , but gradually it started intervening in the political matters of India 

● After the War of Plassi of 1757 and war of Buber of 1764 was controlled by the East India company  

● Swami Vivekanand, Maharshi Arvind, Veer Sawasker, Bal Gangadhar Tilak etc.belonged to Saints and Mahatmas category  Likewise the demand of the making of constitution became the inseparable part of the demand for Independence , by the beginning of 20th century.

● In the year 1922, Mahatma Gandhi presented the demand of forming of the constitution before the government and in 1925 the conference of all parties was held there, in which the proposal of demanding the forming of Constitution of India was passed' 

● When in the year 1939 the second world war started  British Government had urgent need to help from India  So first time in the month of August 1940, the Britishers accepted the demand of forming constitution, while accepting the “Proposal of August” in July 1945 , the new government of Labour Party came into power in England, which indicated that the forming of Indian Constitution and to give freedom to India will be done very shortly''

  So in the  month of March 1946 the British government sent a commission, having three members of India,which is known as “cabinet mission”. 

● Every constitution is a mirror of the values, ideals and dreams of its maker and founder person. The constitution may attains its objects,fir this we will have to become responsible , Nationalist and Scarifying citizens. 

EVOLUTION OF INDIAN CONSTITUTION:

Although all the systems of ancient India do have their reflections in the Constitution of India, the direct sources of the constitution lie in the administration and legislative developments of the british period

. A concise and chronological description of the Acts,documents and events that culminated in the farming of the World’s Largest Written Constitution is given here : 

ADMINISTRATIVE AND LEGISLATIVE REFORMS BEFORE 1857:

● Regulating Act of 1773:

The act was based on the report of a committee headed by the British Prime Minister Lord North  

Governance of the East India Company was put under British Parliamentary control.

The Governor of Bengal was nominated as Governor General for all the three Presidencies of Calcutta, Bombay and Madras. Warren Hastings was the first such Governor General. This Supreme court was established in Calcutta (now Kolkata).

Governor General was empowered to make rules, regulations and ordinances with the consent of the Supreme Court . 

2.Pitts Indian Act of 1784:

It was enacted to improving on such provisions of Regulating Act of 1773 to bring about better discipline in the company's system of the administration.

Six members Board of controllers was set up that was headed by a minister of the British Government of Indians. All political responsibility was given to this bond .

Trade and commerce related issues were under the purview of the Court of directors of the company . 

3. Charter Act of 1793:

Main provisions of the previous acts were considered in this Act of Constitution of India  

Provided for the Payment if the salaries of the members of the Board of Controllers from Indian revenue.

Courts were given the power to interpret rules and regulation in constitution of India.

4. Government Of India Act ,1858: 

Britishers were decided to assume sovereignty over Indian from the East India Company in an apparent consequences of the Revolt of 1857, descrived as an armed sepoy mutiny by the British jistorians and remembered as the First War of Independence by the Indians.

The first statute for the governor of india , under the direct rule of the British Government , was the Government of Indian Act , 1858.

All the authorities fir the government of India was vested in the Governor General-in-Council who was responsible to these secretary of state.

The Secretary of State was ultimately responsible to the British Parliaments. 

5. Indian Councils Act of 1861, :

This is the important landmark in the constitutional history of India. By this Act, the powers of the crown were to be exercised by the secretary of state fir India, assisted by a council of fifteen members. The Secretary of state, who was responsible to the British Parliaments , governed India through the Governor General,assisted by an Executive council. 

This Act provided that the Governor General Executive council should include certain additional non-official members also while transacting legislative business as a Legislative Council. But this Legislative Council was neither representative nor deliberations in any sense.

It decentralized by the legislature power of the Governor General Council and vested them in the Governments of Bombay and Madras.

The councils were to have the power of discussing the Budgets and addressing questions to the Executive.

THE SALIENT FEATURES OF INDIAN CONSTITUTION:

The Indian constitution is one of the unique constitution in this world. It carries a lots of features which makes it quite different constitution from the others others constitution :

The largest written liberal democratic constitution of the world. It provides for a mixture of federalism and Unitarianism and flexibility and with rigidity. Since it inauguration on 26th January, the Constitution India has been successfully guiding the path and progress of India.

● Written and Detailed Constitution: 

The constitution is a whole in which written document that incorporates the constitutional law of India. It was fully debated and duly enacted by the Constitution Assembly of India. It took this assembly for 2years , 11 months and 18 days to write and enacted the Constitution of India.

Indian Constitution is a very detailed constitution. It consists of 395 articles divided into 22 parts with 12 Schedules and 94 constitution amendments.

It is the Constitution of both the Center and the states of Indian Union. This is much bigger than the US Constitution which has only 7 Articles and the French Constitution with its 89 Articles in this constitution.

● The Biggest Constitution of the World:

The constitution of the India, is the biggest in volume,in the world . In the constitution not only the Federal government arrangement is there , but it also consists the administration arrangement if these states also. Whereas the constitution of America is comparatively a bit little. Mad the main reason fir this is ghat there separate constitution are meant for all the states,whereas in India there is no separate constitution fir the states.

● The Federal character:

Generally there are two types of Constitutions- one is Federal, and the anot her one is Unitary, which is based on the nature and type of relations between the federal government and the state Government, and for the protection of this type of distribution pf powers between the federal government and the state government, have been made through the three schedules i.e. Federal Lists , state lists, and concurrent list. 

● Single Citizenship:

This is a very unique feature of Indian Constitution. In General, in the federal system of the government dual citizenship exists. One is of the country and the second of the state, in which he is residing as that of America , but in India .,inspire of this , that though there is a federal form of government , yet we have only single citizenship. 

This is co-operative elements fir the national unity and national unification.

● Fundamental rights:

The development from all the concern , is possible in the absence of the citizens rights. The farmers of the constitution were aware of this fact. In the part three of the constitution total six fundamental rights were given to the citizens. All such rights may not be misused , so the reasonable restrictions have also been imposed on the rights . 

● Preamble of the Constitution:

The preamble of the constitution of India is a well drifted document which states  the philosophy of the constitution. It declares the India to be a Sovereign Socialist Secular Democratic Republic and a welfare state committed to secure justice,liberty and equality fir the people and for promoting fraternity, dignity the individuals, and unity and integrity of the nation.

THE PREAMBLE IS THE KEY OF THE CONSTITUTION OF INDIA.

● Article368, of the constitution provide fir two special methods of amendment:

Most of the provisions of constitution can be amendment by the union parliament by passing an amendment bill by a majority of total membership and second/third majority of the member present and voting in each of its two house.

For the amendment of some specified parts , a very rigid methods have been provided under it , First the Union Parliament passes the amendment bill by a majority of total membership and Second third majority of member present and voting in each house and then it goes to the state legislature for rectification the amendment can pass only when it is approved by not less then 1-1/2 of the several states of the union.

Thus the Constitution of India is partly rigid and partly flexible.

With all these features, the Indian Constitution of a constitution best suited of the Indian environment. The constitution helped India to organized and run this government and administration in an effective way both in times of peace and war. The basic structure of the Constitution i.e. its most fundamental features can be described as:

Preamble, Fundamentals Rights, Directive principles, Secularism, Federalism, Republicanism, Independence of Judiciary, Rule Of Law, and Liberal democracy.

ABOUT ARTICLES::

● For Equality:Article 14 of the constitution provides that tha state shall not deny any person equality before the law or equal protection of the laws within the territory of India.

● Exceptions to the provisions to equality before law,allowed by the Indian constitution are:

The President and the Government of a state is not answerable to any Court for the exercise and performance by the Indian Constitution. 

No criminal proceeding can be instituted or continued against the President or a Governor in and Court during his term of office.

The above immunities do not bar . Suits or other appropriate proceedings against the government of India or the Government of a state.

So through the concept of the right of equality in constitution, not only established equality before law is present while all the rules and regulation will take part in this kind of work in Constitution of India.

● For Freedom:Article 19 -22 the constitution provides, the next fundamental rights, after rights to equality, right to freedom, by which the citizens can develop their personalities to the best qualities. 

To move and reside anywhere in India and the right to get service , to adopt any function of any profession, business etc., but on tall the above freedoms , the logical reasonable restrictions are applied here fir this article.

The constitution provided this right also that  person can be deemed guilty for committing any offense, till he has not acted in the contravention of any law, while doing such works.

These are all belongs to the Fundamental rights..