INTRODUCTION OF INDIAN CONSTITUTION

Indian Constitution

The British Government regulated the affairs of India by a series of constitutional reforms that were totally guided towards ensuring colonial governance in India.

The political evolution of India an independent and sovereign republic has its immediate historical roots in the period of the British rule.

Certain features of our Constitution can better be comprehended, only if we start with the brief review of the constitutional set-up in the preceding period.

Historical Background

• The origin and growth of the Indian Constitution has its roots in Indian history during British period from 1773 onwards, various act was passed by the British Government for the governance of India. British Administration in India till 1858 was mainly that of the East India Company.

• The British came to India in 1600 as traders as a part of East India Company. Later in 1765, they got the Diwani Right over West Bengal, Bihar and Orissa. The company which began as a purely commercial corporation gradually attained the status of a government.

• With this increased power there arose the need of regulation of activities of East India Company. This was done by different Act Company of Parliament. Like Regulating Act, 1773, Charter Act, 1813, Government of India Act, 1858 etc.

Making of the Constitution

• The demand that India's political destiny should be determined by the Indian themselves had been put forward by Mahatma Gandhi as early as in 1922. The idea of a Constitutional no Assembly for India was put forward for the first time by MN Roy in 1934.

• The demand for Constituent Assembly was first accepted by the British in August offer (1940), but the Constituent Assembly was set-up in November, 1946 as per the Cabinet Mission Plan of 1946. The first meeting was held on 9th December, 1946 with Sachidanand Sinha as the interim President.

• On The Pher, 1944 Dr Rajendra Prasad was manent President of the efected as the permaner Consumtional Assembly. It took almost three years two years eleven months and eighteen days) to completo its historic task of drafting the Connturion for Independent India. 

• On 29th Augon, 1947, the Constituent Assembly w-up a Drafting Committee under the Chairmanship of Dr BR Ambedkar to prepare a Draft Constitution for India.

Enactment and Enforcement of the Constitution

• The Constitution of India was adopted on 26ch November, 1949 and the bonourable members appended their signatures to it on that day. In all, 284 members actually signed the Constitution. 26th November, 1949 is also mentioned in the Preamble as the date on which the people of India adopted, enacted and gave to themselves the Constitution.

• The Constitution came into force on 26th January, 1950 was specifically chosen as the date of commencement of the Constitution because on this day in 1930, the Poorna Swaraj day was celebrated.

Borrowed Features

• From UK (England) (1) Parliamentary System, (ii) Lower House more powerful, (iii) Prime Minister, (iv) Cabinet System of Ministers, (v) Single Citizenship, (vi) Bicameral Parliament, (vii) Provision of Speaker in Lok Sabha, (viii) Council of Ministers responsible to Lower House, (ix) Nominal Head-President.

• From USA (0) Wrinen Constitution, (ii) Post of get Vice-President, (D) Pundamental Rights, (iv) Supreme Court, (v) Head of the State known as President, (vi) Provision of States and (vii) Judicial Review.

• From France Republic and ideals of liberty, equality and faternity.

• From Australia (1) Concurrent List, (ii) Centre-State Relationship and (iii) Joint sitting of two House of Parliament 

• From USSR (1) Fundamental Duties and (ii) Ideals of justice (Social, Economical and Political) in the preamble. 

• From Germany Suspension of Fundamental Rights during emergency. 

• From Japan Procedure established by law,

• From Canada Federal system and Residuary power with strong centre and advisory jurisdiction of Supreme Court. 

• From South Africa Procedure of Constitutional Amendment and election of member of Rajya Sabha.

• From Ireland Concept of Directive Principles of State Policy (originally, it was borrowed from Spain). Mode of election of President and nomination of members to Rajya Sabha.

Characteristics of Indian Constitution

The salient features of Indian Constitution are as follow

i. The lengthiest Constitution in the world

ii. Universal Adult Franchise

iii. Blend of rigidity and flexibility

iv. Parliamentary Government

v. Independent judiciary

vi. Federal system with unitary features

vii. Secular state

viii. Single citizenship

ix Single Constitution

x. Division of power between Centre and States

xi. Emergency provisions

xii. Single judiciary

xiii. Power of Parliament to Amend Constitution

xiv. Independent bodies like- CAG, election commission.

The Preamble and Its Significance

The Objectives Resolution, moved in the Constituent Assembly by Nehru on 13th December, 1946 was adopted by the assembly on 22nd January, 1947 and later became the Preamble to the Constitution.

Preamble is an integral part of the Constitution.

 "We, the People of India having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic, republic and to secure all its citizens.

Justice social, economic and political. 

Liberty of thought, expression, belief, faith and worship.

Equality of status and opportunity, and to promote all of them.

Fraternity assuring the dignity of the individual and the unity and integrity of the nation.

In our Constituent Assembly, "this 26th day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution."

So far, the Preamble has been amended only once in 1976 by the 42nd Amendment which inserted the words Socialist, the Secular (separation of religion from state) and the Integrity.

National Symbols

• National Flag It was designed by 'Pingali Venkaiah' of Andhra Pradesh. On 22nd July, 1947, it was adopted by Constituent Assembly. It follows 3:2 ratio between length and breadth. It has three colours saffron, white and green. Middle portion has Ashoka Chakra, in blue with 24 spokes.

• National Emblem It has been taken from the 'Sarnath' (Varanasi) Pillar of Ashoka and on 26th January, 1950. It was adopted by Government of India. The word Satyameva Jayate which was written at the base in Devnagari script (taken from Mundaka Upanishad) is the National Motto of India.

• National Anthem It was written by 'Rabindranath Tagore'. Its recitation period is 52 seconds. First time it was sung in Calcutta Congress Session on 27th December, 1911. On 24th January, 1950, Constituent Assembly adopted it (Jan Gan Man) as National Anthem in India.

• National Song Vande Mataram taken from Bankim Chandra Chatterjee's work 'Anandmath', was officially adopted on 24th January, 1950. It was sung for the first time at Kolkata session of Congress in 1896.

• National Calendar Based on the Saka Era, Chaitra is its first month and a normal year of 365 days along with the Gregorian calendar. It was adopted by the Central Government on 22nd March, 1957.

• National Animal It is tiger. It has eight species around the world and Indian species is known as 'Royal Bengal Tiger'. The majestic tiger (Panthera Tigris) is the National Animal of India.

• National Bird Indian peacock (Pavo Cristatus). It is fully protected under the Indian Wildlife Protection Act, 1972.