INDIAN BANDHARAN MATERIAL
The Constitution of India is the supreme law of India. It lays down the framework, defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. It is the longest written constitution of any sovereign country in the world. B. R. Ambedkar, The Chairman of the Drafting Committee, is widely considered to be its chief architect
It imposes constitutional supremacy and not parliamentary supremacy, as it is not created by the Parliament but, by a constituent assembly, and adopted by its people, with a declaration in its preamble. Parliament can not exceed
It was adopted by the Constituent Assembly on 26 November 1949, and came in effect on 26 January 1950. With its adoption, The Union of India became the modern and contemporary Republic of India replacing the Government of India Act, 1935 as the country's fundamental governing document. To ensure constitutional autochthony, the framers of the constitution repealed the prior Acts of the British Parliament via Article 395 of the Constitution. India celebrates its coming in force on 26 January every year, as Republic Day.
BN Rau was appointed as Constitutional Adviser to the Constituent Assembly in formulating the Indian Constitution in 1946. He was responsible for the general structure of its democratic framework of the Constitution and its initial draft in February 1948. This draft was debated, revised and Finally adopted by Constituent Assembly of India on 26 November 1949.
On 14 August 1947 the meeting of the assembly was presented. Such Committees include a Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee. On 29 August 1947, The Drafting Committee was appointed, with Dr. B. R. Ambedkar as chairman with six other members assisted by a constitutional advisor. These members were Pandit Govind Ballabh Pant, Kanaiyalal Maneklal Munshi (KM Munshi, Ex-Home Minister, Bombay), Alladi Krishnaswamy Iyer (Ex-Advocate General, Madras State), N Gopalaswami Ayengar (Ex-Prime Minister, J & K and later member of Nehru Cabinet), BL Mitter (Ex-Advocate General, India), Md. Saadullah (Ex-Chief Minister of Assam, Muslim League member) and D P Khaitan (Scion of Khaitan Business family and a prominent lawyer). The Constitutional Adviser was Sir Benegal Narsing Rau (who became the first Indian Judge in International Court of Justice, 1950-54). Later B L Mitter resigned and was replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara). On D P Khaitan's death, T T. Krishnamachari was included in the drafting committee A draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947, which was debated and over 2000 amendments were moved over a period of two years. Finally on 26 November 1949, the process was completed and the Constituent Assembly adopted adopted Constitution. 284 members signed the document This Day is Celebrated as National Day
Institutions of governance - the parliament, the president, the judiciary, the executive, etc. get their power from the Constitution and are bound by it. [40] With the aid of the Constitution, India is governed by a parliamentary system of government directive to the legislature. It states that there will be a President of India who will be the head of the executive, under Article 52 and 53. The President's duty is to preserve, protect and defend the constitution and the law under Article 60 of the Indian Constitution. Article 74 provides that there will be a Prime Minister as the head of Union Cabinet, which will help and advise the President in performing his constitutional duty. Union Cabinet is collectively responsible for the House of the People per Article 75 (3).
The Constitution of India The common features of a federation such as the written constitution, the supremeity of constitution, the rigidity of constitution, the two governments, the division of powers, the bicameralism and the independent judiciary as well as unitary features like single constitution, single citizenship, integrated judiciary, flexible Constitution, a strong Center, appointment of state governor by the Center, All-India Services, Emergency Provisions etc. can be seen in Indian Constitution This unique combination makes it quasi-federal in form.
Each state and each Union territory of India has its own government Analogous to President and Prime Minister, each has a governor (in case of states) or the lieutenant governor (in the case of Union territories) and a Chief Minister. Article 356 permits the president to dismiss a state government and assume direct authority when a situation arises in which the government can not be carried on in accordance with the provisions of the Constitution. This power, known as President's rule, was abused as the state government came to the flimsiest of grounds, and more due to the political discomfiture of the party in power at the center. Post-Bommai Judgment, such a course of action has been rendered rather difficult, as the courts have asserted their right to review it. Consequently, very few state governments have been disbanded since
The 73rd and 74th Amendment Act also introduced the system of Panchayati Raj in rural areas and municipality in urban areas. Also, Article 370 of the Constitution gives special status to the state of Jammu and Kashmir.
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