Constitution of India(1) | Historical Background Of Indian Constitution | Preamble to the Constitution Of India | Parts and schedules of the constitution | General Knowledge On Constitution Of India |

Aquib Parvez June 19, 2021

Constitution of India

Constitution of India | Historical Background Of Indian Constitution |
Preamble to the Constitution Of India | Parts and schedules of the constitution |
General Knowledge On Constitution Of India |

Constitution Of India

HISTORICAL BACKGROUND OF INDIAN CONSTITUTION:

  • ·       Law generally refers to rules framed by the legislative assembly. Constitution, on the other hand, refers to the supreme law of the land which is not framed by an ordinary Legislative Assembly. The Constituent Assembly of India was thus empowered to frame the Constitution.
  • ·       The Legislative Assembly is a permanent body which is engaged in making laws. If for some reasons the assembly is annulled, it is immediately reconstituted. Thus, the Indian Parliament is in operation since 1952 and the Indian Constitution Assembly, formed in 1946, ceased to exist in 1949 after the finalisation of the Indian Constitution.
  • ·       For the first time the demand for a Constitution Assembly was raised in 1934. The Congress officially demanded a Constituent Assembly for India in 1935. The British Government accepted in principle the demand in August offer, 1940. The Cripps proposals assured the Constituent Assembly for Indians to be constituted after the end of the Second World War. Finally, under the Cabinet Mission Plan, 1946, the elections for the Constituent Assembly were held in July 1946. The members of the Constituent Assembly were elected by the Provincial Assemblies.
  • ·       The Constituent Assembly consisted of 389 members. Out of total members, 292 were to be elected and 97 members were to be nominated from Princely State and Chief Commissioner’s Areas.
  • ·       The Assembly held its first meeting on December 9,1946. Mr. Sachchidanand Sinha was appointed as a temporary chairman of the Constituent Assembly and Dr. Rajendra Prasad was elected the permanent President on Dec.11,1946. The constituent Assembly worked through various (22) committees like Rules of Procedure Committee, Steering Committee, Union and Provincial Constitution Committees, Flag Committee etc. and the Draft of the Constitution was prepared by the Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar, was set up on August 29, 1947. The other members of the committee were N. Gopalswami Ayyangar, K.M. Munshi, T.T. Krishnamachari, Alladikrishnaswammy Ayyar, Syed Mohammed Saadullah, N. Maadhva Rau and the Drafting Committee finalised the Draft Constitution of India in Feb 1948. After the Draft had been discussed by the people, the press, provincial Assemblies and others, the Constitution was finally adopted on November 26, 1949 and Constitution came into force on January 26, 1950.
  • ·       The Constitution of India is made of 395 Articles, Eight Schedules and XXII Parts and it was the result of the demand of the Indian People after a glorious struggle, for the replacement of British rule.
  • ·       Dr.B.R. Ambedkar played a very significant role in making the Constitution. So, he is recognized as the Father of the Indian Constitution.

General Knowledge On Constitution Of India

PREAMBLE TO THE CONSTITUTION OF INDIA:

·       The constitution of every country has a guiding philosophy which is usually described in the Preamble to that Constitution.

·       The Preamble to the Indian Constitution is primarily based on the objective Resolution of Nehru. The Preamble is called the Soul of the Constitution. The makers of the Indian Constitution expressed basic tenets of the political system and its inspirations and ideals through the Preamble to the Constitution.

·       The Constitution of India is preceded by a Preamble which outlines its aims and objectives. It reads, “WE THE PEOPLE OF INDIA, having solemnly resolved to constitution 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 HERE BY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

·       The preamble also declares that India is a Sovereign, Socialist, Secular, Democratic Republic.

The word ‘Sovereign’ refers to ‘Supreme’ and Integrity have been inserted in the Preamble to the Constitution of India by the 42nd Amendment Act, 1976. It is said that just Nationalisation is not India’s type of Socialism. India has her own brand of Socialism. So India’s concept of Socialism is different from western type of Socialism.

The term ‘Secular’ refers to the fact that there is no state religion in India. The State does not promote any particular religion. Every Citizen has the right to practise and profess any particular religion he/she likes.

The term ‘Democracy’ means that the business of the government is not conducted by a monarch or an oligarch.

The Head of the State must be elected.

·       In conclusion, the Preamble to the constitution of India has no parallel in any other country. It is remarkable because it contains certain valuable ideals viz. justice, liberty, equality, fraternity. Ernest Barker of England has mentioned our preamble in his famous book. “Principles of Social and Political Theory”. The Preamble fulfils the wishes and aspirations of the fathers of the Indian Constitution. So, the preamble is the Key-note of the Constitution of India.

Parts and schedules of the constitution

Parts of the constitution:

  • Part- I: The union and its territory (Article 1-4)
  • Part- II: Citizenship (Article 5-11)
  • Part- III: Fundamental Rights of the Indian Citizens (Article 12-35)
  • Part- IV: The Directive principles of State Policy (Article 36-51)
  • Part- IVA: The Fundamental Duties of Citizens (Article 51A)
  • Part-V: The Union [ The President, The Vice President, The P.M and COM, The Parliament, The Attorney General, The Supreme Court, The CAG of India etc.] (Articles 52-151)
  • Part- VI: The States [The Governor, The Chief Minister and COM, The States Legislature, The Advocate General, The High Court etc.] (Articles 152-237)
  • Part- VII: The State in part ‘B’ of First Schedule (Articles 238)
  •  Part- VIII: The State provisions for the Union Territories (Articles 239-242)
  • Part- IX: The Panchayats (Articles 243-243-0)
  • Part- IXA: The Municipalities (Articles 243P- 243ZG)
  • Part- IXB: Co-operative Society (Articles 243ZH- 243ZT)
  • Part- X: The special provisions for the Schedules and Tribal Areas (Articles 244)
  • Part- XI: Centre State relations- Legislative and Administrative (Articles 245- 263)
  • Part- XII: The financial relation between the Union and the States (Articles 264- 300A)
  • Part- XIII: Trade, Commerce and intercourses within the territory of India. (Articles 301- 307)
  • Part- XIV: The services under the Union and the States (Articles 308-323)
  • Part- XIVA: The Administrative Tribunals, Central Administrative Tribunal/State Administrative Tribunal and other Tribunals (Articles 323A & 323B)
  • Part- XV: The Election provisions (Articles 324- 329)
  • Part- XVI: Special provision for Schedules Castes and other Minority Communities (Articles 330- 342)
  • Part- XVII: Officials and other National Languages (Articles 343- 351A)
  • Part- XVIII: The Emergency Provisions (Articles 352- 360)
  • Part- XIX:  Special provisions regarding the President, the Vice-president, the State Governors etc. (Articles 361- 367)
  • Part- XX: The Amendment of the Constitution (Articles 368)
  • Part- XXI: Special provisions relating to Some Indian States (Articles 369- 392)
  • Part- XXII: Nationals Flag, Nationals Emblem, Nationals Song, Nationals Anthem, Short titles etc. (Articles 393- 395).

Schedules Of The Constitutions Of India:

  • First Schedule: Names and Territorial extent of 28 states and 7 Union Territories of the Indian Union.
  • Second Schedule: Emoluments, allowances, privileges and so on of the President of India, the state Governors. The Speaker and the Deputy Speaker of the Lok Sabha and the State Legislative Assemblies, the Chairman & the Deputy Chairman of the Rajya Sabha & the State Legislative council, the judges of the Supreme Court & the State High Court & Comptroller and Auditor-General of India.
  • Third Schedule: Forms of oaths or affirmations to be made by the Union & State Ministers, the Members of the Parliament & the State legislatures & the judges of the Supreme Court and State High Court, the Comptroller and Auditor General of India, and the Candidates for election to the parliament & the State legislatures.
  • Fourth Schedule: Number of seats allotted to various States and the Union Territories in the Rajya Sabha.
  • Fifth Schedule: Administration and control of scheduled areas and scheduled tribes.
  • Sixth Schedule: Administration of Tribal Areas in the State of Assam, Meghalaya, Tripura & Mizoram.
  • Seventh Schedule: Division of powers between the Union & the States in terms of Union List. (Originally 97 but presently 100 subjects), State list (Originally 66 but presently 61 subjects)
  • Eight Schedule: Languages (originally 14 but presently 22) recognized by the constitution. They are Assamese, Bengali, Gujrati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit,Sindh, Tamil, Telugu and Urdu. Sindh was added by the 21st Amendment 1967.While Konkani, Manipuri and Nepali were added by the 71st Amendment 1922.
  • Nine Schedule: Acts and Regulations (originally 13 but presently 282) of the state legislatures dealing with the land reforms and abolition  of Jaminderi System and of the Parliament dealing with other matters. These are immune from judicial review even on ground of violation of the Fundamental Rights. However, they can be challenged on the ground of being violative of the basic structure of the Constitution. This schedule was added by the First Amendment 1951.
  • Tenth Schedule: Disqualification of the members of the Parliament and the state legislators on the ground of defection. This schedule was added by the 52nd Amendment Act, also known as Anti-defection Act 1985.
  • Eleventh Schedule: Powers, Authority and Responsibility of the Panchayats. It has 29 subjects. This schedule was added by the 73rd Amendment 1992.
  • Twelfth Schedule: Powers, Authority and responsibility of the Municipalities. It has 18 subjects. This schedule was added by the 74th Amendment act 1992.


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