15 Aug 1947 and INDIA makes it’s “tryst with destiny…with its National flag hoisted and a Constitution in place… courtesy our founder fathers, patriots and citizens.
The Constitution of India was framed with rules and regulations, customs and conventions and judicial decisions, which determine the form and Character of Governmental system, the rights and duties of Government in relation to the citizens and those citizens in relations to the government, including procedures for the amendment of the Constitution.
Through these 70 years of Independence India has grown multifold in Industrial, Scientific, Educational, Agricultural, Social and Space technology; following its 10 years plan, at times with a roller coaster GDP and yet maintaining the Charters of its Articles as laid down in the framing and promulgation of the Indian Constitution with it’s Preamble.
A look at the history and dates will give a fair idea at the progressive nature of The Indian Constitution, as enumerated :-
Ø Constituent Assembly constituted on 9 Dec 1946 for ‘framing the Constitution’
Ø Influence from constitutional systems of countries for framing The Indian Constitution were: Germany, France, America, England ,Ireland, South Africa and Government of India Act 1935
Ø Original Written Constitution contained 395 Articles and 8 schedules
Ø Present Constitution contains444 Articles an 12 schedules with Amendments, Additions and deletions
Ø Nature of Indian Constitution
· Flexibility to alter or modify provisions
· Sovereign Democratic Republic with an elected President as the head of state
· Welfare state
· Federal System
· Parliamentary System of executive
· Fundamental Rights to freedom of the people
· Directive Principles of State Policy
· Fundamental duties (Article 51-A 1976) to place the Country first under a code of conduct for citizens
· Independent and Integrated Judicial System
· Single Citizenship for a citizen: to identify obligations to the Nation
· Universal Adult Franchise (Adult suffrage/ entitled to be a voter)
· Secular State: without any bias or discrimination to a particular religion
· Emergency Provisions (Part XVIII Articles 352 to 360): during external aggression or internal armed rebellion or failure of Administration in a particular State or threats to financial stability.
- Ø Drafting of Constitution
· Dr BR Ambedkar –chairman with 15 committees - 29 Aug 1947
· Presentation of Draft to the President of the Committee - 21 Jan 1948
· Release of Constitution to the Public - 26th Feb 1948
Ø The Preamble of the Constitution
It embodies Basic objectives and Purposes of the Constitution and determines the type of Government:
· Sovereign state
· Democratic
· Republic
· Socialist
· Secular
· Justice
· Liberty
· Equality
· Fraternity
A Constitution is essential to the proper and orderly working of every state to avoid anarchy and misrule. It is a mandatory set of rules which would ensure legitimacy of the Government, whether the Constitution is in the form of a document or in the form of Customs and Conventions as a frame of reference. Rights are secured and greater participation of the people in the political process is also ensured by most modern constitutions where the Constitution guarantees peaceful change through legal and legitimate methods.
The Indian Independence Act 1947 was drafted after the agreement on the Mountbatten plan of the British Parliament to give an effect to the Abolition of the Sovereignty and Responsibility of British Parliament and that the ‘Crown’ was no longer the source of Authority and Sovereignty of the Dominion legislature (Constituent and Legislative).
In the 21stcentury the Indian Constitution has been recognised as one of the best in the world and is being emulated by new democracies, respecting ‘Right to life, Human dignity, Human Rights and Governance.’
In the 21stcentury the Indian Constitution has been recognised as one of the best in the world and is being emulated by new democracies, respecting ‘Right to life, Human dignity, Human Rights and Governance.’
Coltoms/-
(Training Faculty Cavalier India)
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