Constitution of India

The term constitution is a Latin word that denotes an important law. A constitution is a codified written document which is the system for government. This text establishes the rules and principles of an autonomous political entity. The Constitution of India is considered to be the supreme law of land. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties of the government and mentions the fundamental rights, directive principles and duties of citizens. It is the longest written constitution of any sovereign nation and a total of 117,369 words in the English language. However, besides the English version, there is also an official Hindi translation available. The Indian constitution declares India as a `Sovereign, Socialist Democratic, Republic` with a parliamentary system of government.

The Constitution of India was adopted by the Constituent Assembly on 26th November 1949 and it came into force on 26th January 1950. Every law of the land enacted by the government must conform to the constitution. India became independent from the colonial rule of the British Empire and a need for a competent government aroused. However, during the prominence of the British Raj, the Government of India Act 1935 was passed, which was the last constitution of India during the British rule. The act laid down principles stating and granting autonomy to the Indian provinces. The Government of India act also provided for establishment of an Indian Federation and the Provincial assemblies include more elected Indian representatives, who in turn could lead majorities and form governments. But Governors retained discretionary powers regarding summoning of legislatures, giving assents to bills and administering certain special regions. This present constitution of India is modeled on the basis of the Government of India Act.

After the Second World War came to an end, a new government came to power in the United Kingdom. A new British government announced its Indian Policy in 1946, at the initiative of British Prime Minister Clement Attlee. A cabinet mission was formulated to discuss and finalize plans for the transfer of power from the British Raj to Indian leadership and providing India with independence. The main aim of the Cabinet mission was to discuss the framework of the Constitution of India and lay down the procedure to be followed by the constitution drafting body. The constitution was drafted by the Constituent Assembly and it was elected by the elected members of the provincial assemblies. Sachidanand Sinha was chosen as the first president of the Constituent Assembly and later Rajendra Prasad was elected president of the Constituent Assembly. The Constituent Assembly of India consisted of the prominent figures of the nation including Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad as well as Shyama Prasad Mukherjee. The assembly also comprised of members from the Anglo-Indian community, scheduled classes, Parsis community and the Gorkha Community. Women members were also represented the constituent assembly and Sarojini Naidu was a well-known women member.

The constituent assembly met on August 14, 1947 and various decisions were taken in the committee. The concept of Indian Flag was taken in the assembly meeting. A flag with three colours, Saffron, White and Green with the Ashoka Chakra was selected. Furthermore, the National Emblem of India was decided and it has been taken from the Sarnath Lion Capital of Ashoka. The Indian Government adapted it on 26th January 1950 when the country became a republic.
A Draft Constitution was prepared by the Drafting Committee of Indian Constitution and submitted to the Assembly on November 4, 1947. The assembly finally took over a period of 2 years, 11 months and 18 days before adopting the Constitution. The Constitution of India opens with the Preamble which is like the preface of the constitution. The Preamble is not a part of the Constitution of India as it is not enforceable in a court of law. Nevertheless, the Preamble is useful as an interpretive tool. It is an integral part of the constitution and describes the basic structure of the Constitution of India. The Preamble of the constitution of India puts forth:

"We, The People of India, Having Solemnly Resolved To Constitute India Into A Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens:

Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity; and to promote among them all
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;
In Our Constituent Assembly This Twenty-Sixth Day of November, 1949, Do Hereby
Adopt, Enact and Give To Ourselves This Constitution"

However, the original draft of the constitution had only the words `Sovereign Democratic Republic` in the first line. The words `Socialist and Secular` were inserted by the 42nd amendment and the words `Unity of the Nation` were changed to `Unity and Integrity of the Nation.`

The structure of the Constitution of India comprise of the preamble, twenty-two parts containing three hundred and ninety five articles, twelve schedules of Indian Constitution, ninety-four amendments of Indian Constitution, and five appendices. The Constitution distributes its legislative powers between Parliament and State legislatures. The residuary powers invest in the Parliament and the centrally administered territories are called Union Territories. The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President. Since the enactment of the constitution has supported for a steady concentration of power to the central government, especially to Prime Minister Office or the (PMO). In Article 79 of the Constitution of India it is laid down that the council of the Parliament of the Union will consist of the President and two Houses as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). In Article 74(1), it is stated that the Constitution provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President. The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head.

The Council of Ministers is collectively responsible to the House of the People (Lok Sabha). Every State of India will have a Legislative Assembly. However, a few States have an upper House, also called State Legislative Council. The constitution also puts it as there will be a Governor for each state and the executive power of the State is vested in him. He is appointed by the President as the Head of the State. The Council of Ministers with the Chief Minister as its head advises the Governor in the discharge of the executive functions. The Council of the Ministers of a state is collectively responsible to the Legislative Assembly of the State. All the ministers in the state and the union level are elected by the citizens of India. The first India General Elections were conducted in India in 1951, for 489 constituencies representing 26 Indian states. There were a few two-seat and even a three-seat constituency only.

The Constitution of India is the lengthiest written document. It is flexible as well as a quasi -federal in nature. The constitution discusses about the Central, State Governments, Union Territories, their offices, the Supreme Court, High Courts, other Courts, the Election Commission of India and all other Government bodies function. One of the salient features of the constitution of India is its federal character. The Indian Union comprises of the Central and State Governments and the Union Territories. There are 28 States and 6 Union Territories. The States of India are divided on the basis of the languages spoken by the people. Another feature of the constitution is its single Citizenship. Though India is a federal country, Indian Citizenship Act of 1955 mentions the qualifications to acquire citizenship rights. It can be acquired by birth, descent, registration, naturalization and other specified ways.

The citizens of Indian are ensured of certain Fundamental Rights and Fundamental Duties by the Constitution. All Indian citizens are guaranteed six Fundamental Rights. Another feature of the Indian constitution is the Directive Principles of State Policy. The Constitution of India provides its Government to take policy decisions and implement them for the welfare of the Indian people. Indian constitution is an extensive document and its features are from Western legal traditions. The constitution of India has adopted its characteristics from the British Constitution, United States Constitution, Irish Constitution, French Constitution, Canadian Constitution, Australian Constitution and Soviet Constitution.