The Constitution of India is lengthiest and most detailed compared to any Constitutions in the world.
It originally had 395 Articles divided in to 22 parts and 9 schedules. There are 6 Fundamental Rights in the Constitution. India is a secular state meaning the state does not uphold a particular religion on its own – Articles 25 to 28 gives shape to this secularism.
It provides for single citizenship for the whole of India. There is no citizenship for each state.
The preamble of the Constitution states India has a Sovereign, Socialist, Secular and Democratic Republic.
a. Sovereign: Country does not dependent on any outside authority.
b. Socialist: Ownership of the revenues of production and distribution by the state – insertion made through 42nd amendment Act.
c. Democratic: It has the government which gets its authority from the will of the people.
d. Republic: Indian democracy is based on adult suffrage, where any person who is 18 years of age and who is otherwise eligible has a right to vote without any discrimination on gender or religion.
e. Drafting Constitution: The Indian Constitution was drawn up by constituent assembly (established in accordance with the Cabinet Mission Plan) initially summoned on Dec 9 1946, under the presidentship of Sachithanandha Sinha for undivided India. On 1st July, 1947 the British Parliament passed the Indian Independence Act to divide the country into India and Pakistan. With partition of India the representative of East Bengal, West Punjab, Sindh and Baluchistan, N-W Frontier Provenience and the Slyest District of Assam, which joined Pakistan, ceased to be member of constitution assembly. On August 14, 1947, the constituent assembly met again as the Sovereign Constituent Assembly for the Territory of India under the presidentship of Schithananda Sinha. On the demise of Schithananda Sinha Dr.Rajendra Prasad became the president of constituent assembly. A draft constitution was published February 1948. 284 out of 299 members affixed their signature to the Constitution finally adopted it on 26th November 1949. It came into effect on 26th January 1950.
Drafting Committee
Chairman: Dr.B.R.Ambedkar.
Members: Alladi Krishnaswamy Iyyar, N.Gopalswami Iyangar, Syed Md.Saadulla, Dr.K.M.Munshi, B.L.Mitter (was replaced by N.Madhava Rao), and D.P.Khaitan (was replaced by T.T.Krishnamaachari).
The work started with the presentation of the ‘Objective Resolution’ moved by Jawaharlal Nehru was adopted on January 22, 1947. The committee for scrutinizing draft constitution and suggesting amendments was formed August, 29 1947. The draft was prepared by February 1948. The constituent assembly met three times to read the draft Clause by Clause in November 1948, October 1949 and November 1949. After the 3rd reading, it was signed by the Indian President and was adopted on November 26, 1949. In fact, a Committee on Rules of Procedure was in place as early as December 1946.
The Constitution of India closely follows the British-Parliamentary model but differs from it in 1 aspect that is, the Constitution is supreme, not Parliament. Hence, the Indian courts are conferred with the authority to adjudicate on the constitutionality of any law enacted by the Indian Parliament.
The Indian Constitution consists of the following
1. The Preamble,
2. Parts I to XXII covering articles 1 to 395,
3. Schedules 1 to 12
4. Appendix. Part IX and Schedule XI (Article 243-G) have been incorporated under 73rd Constitution Amendment Act 1992.
