Constitution of india

Making a constitution

constitution assembly:
A constituent assembly (sometimes also known as a constitutional
convention or constitutional assembly) is a body or assembly of
representatives composed for the purpose of drafting or adopting a
constitution. As the fundamental document constituting a state, a
constitution cannot normally be modified or amended by the state's normal
legislative procedures; instead a constituent assembly, the rules for which
are normally laid down in the constitution, must be set up. A constituent
assembly is usually set up for its specific purpose, which it carries out in a
relatively short time, after which the assembly is dissolved. A constituent
assembly is a form of representative democracy.

Unlike forms of constitution-making in which a constitution is unilaterally

imposed by a sovereign lawmaker, the constituent assembly creates a
constitution through "internally imposed" actions, in that members of the
constituent assembly are themselves citizens, but not necessarily the rulers,
of the country for which they are creating a constitution.[1] As described by
Columbia University Social Sciences Professor Jon Elster:

Constitutions arise in a number of different ways. At the non-democratic

extreme of the spectrum, we may imagine a sovereign lawgiver laying
down the constitution for all later generations. At the democratic extreme,
we may imagine a constituent assembly elected by universal suffrage for
the sole task of writing a new constitution. And there are all sorts of
intermediate arrangements.

India:
The Constituent Assembly of India was elected to write the Constitution of
India, and served as its first Parliament as an independent nation. It was set
up as a result of negotiations between the leaders of the Indian
independence movement and members of the British Cabinet Mission. The
constituent assembly was elected indirectly by the members of the
Provincial legislative assembly, which existed under the British Raj. It first
met on December 9, 1946, in Delhi. On August 15, 1947, India became an
independent nation, and the Constituent Assembly started functioning as
India's Parliament. Dr. Ambedkar drafted the Constitution of India in
conjunction with the requisite deliberations and debates in the Constituent
Assembly. The Assembly approved the Constitution on November 26, 1949
(celebrated as Constitution Day), and it took effect on January 26, 1950 a
day now commemorated as Republic Day in India. Once the Constitution
took effect, the Constituent Assembly became the Provisional Parliament of
India. (It was "provisional" until the first elections under the new
Constitution took place, in 1952. The whole process took 2 years,11 months
and 18 days from start to finish.

Dr. Rajendra Prasad:

Rajendra Prasad (About this sound listen (helpinfo); 3 December 1884 28
February 1963) was the first President of the Republic of India.[1] An Indian
political leader, lawyer by training, Prasad joined the Indian National
Congress during the Indian independence movement and became a major
leader from the region of Bihar. A supporter of Mahatma Gandhi, Prasad
was imprisoned by British authorities during the Salt Satyagraha of 1931
and the Quit India movement of 1942. Prasad served one term as President
of the Indian National Congress from 1934 to 1935. After the 1946
elections, Prasad served as minister of food and agriculture in the central
government. Upon independence in 1947, Prasad was elected president of
the Constituent Assembly of India, which prepared the Constitution of India
and served as its provisional parliament.
When India became a Republic in 1950, Prasad was elected its first
President by the Constituent Assembly. Following the general election of
1951, he was elected President by the electoral college of the first
Parliament of India and its state legislatures. As President, Prasad
established a tradition of non-partisanship and independence for the office-
bearer, and retired from Congress party politics. Although a ceremonial
head of state, Prasad encouraged the development of education in India
and advised the Nehru government on several occasions. In 1957, Prasad
was re-elected to the presidency, becoming the only president to have been
in the office twice.

Prasad's most initial association with Indian National Congress was during
1906 annual session organised in Calcutta, where he participated in as a
volunteer, while studying in Calcutta. Formally, he joined the Indian National
Congress in the year 1911, when the annual session was again held in
Calcutta. During the Lucknow Session of Indian National Congress held in
1916, he met Mahatma Gandhi. During one of the fact-finding missions at
Champaran, Mahatma Gandhi asked him to come with his volunteers. He
was so greatly moved by the dedication, courage, and conviction of
Mahatma Gandhi that as soon as the motion of Non-Cooperation was
passed by Indian National Congress in 1920, he retired his lucrative career
of lawyer as well as his duties in the university to aid the movement.

He also responded to the call by Gandhi to boycott Western educational

establishments by asking his son, Mrityunjaya Prasad, to drop out of his
studies and enroll himself in Bihar Vidyapeeth, an institution he along with
his colleagues founded on the traditional Indian model.[8]

During the course of the independent movement, he interacted with Rahul

Sankrityayan, a writer, and polymath. Rahul Sankrityayan was greatly
influenced by Prasad's intellectual prowess, finding him to be a guide and
guru. In many of his articles he mentioned about his meeting with
Sankrityayan and narrated about their meetings. He wrote articles for the
revolutionary publications Searchlight and the Desh and collected funds for
these papers. He toured widely, explaining, lecturing, and exhorting the
principles of the independence movement.[citation needed]

He took an active role in helping the affected people during the 1914 floods
that struck Bihar and Bengal. When an earthquake affected Bihar on 15
January 1934, Prasad was in jail. During that period, he passed on the relief
work to his close colleague Anugrah Narayan Sinha.[9] He was released two
days later and set up Bihar Central Relief Committee on 17 January 1934,
and took the task of raising funds to help the people himself. During 31 May
1935 Quetta earthquake, when he was forbidden to leave the country due
to government's order he set up Quetta Central Relief Committee in Sindh
and Punjab under his own presidency.

He was elected as the President of the Indian National Congress during the
Bombay session in October 1934. He again became the president when
Netaji Subhash Chandra Bose resigned in 1939. On 8 August 1942, Congress
passed the Quit India Resolution in Bombay which led to the arrest of many
Indian leaders. He was arrested from Sadaqat Ashram, Patna and sent to
Bankipur Central Jail. After remaining incarcerated for nearly three years,
he was released on 15 June 1945.[citation needed]

After the formation of Interim Government of 12 nominated ministers under

the leadership of Jawaharlal Nehru on 2 September 1946, he got the Food
and Agriculture department. Later, he was elected the President of
Constituent Assembly on 11 December 1946.[10] Again on 17 November
1947 he became Congress President for a third time after J. B. Kripalani
submitted resignation. Two and a half years after independence, on 26
January 1950, the Constitution of independent India was ratified and Dr.
Rajendra Prasad was elected the nation's first President.

Prasad acted independently of politics, following the expected role of the

president as per the constitution. Following the tussle over the enactment of
the Hindu Code Bill, he took a more active role in state affairs. In 1962, after
serving twelve years as the president, he announced his decision to retire.
After relinquishing the office of the President of India on May 1962, he
returned to Patna on 14 May 1962 and preferred to stay in the campus of
Bihar Vidyapeeth.[12] He was subsequently awarded the Bharat Ratna, the
nation's highest civilian award.

He died on 28 February 1963. Rajendra Smriti Sangrahalaya in Patna is

dedicated to him.[13]

Literary contributions

President of Constituent Assembly

Satyagraha at Champaran (1922)

India Divided (1946, online)

Atmakatha (1946), his autobiography written during his 3-year prison term
in Bankipur Jail

Mahatma Gandhi and Bihar, Some Reminiscences" (1949)

Bapu ke Kadmon Mein (1954)

Since Independence (published in 1960)

bharitya shiksha

At the feet of Mahatma Gandhi.

Dr. B. R. Ambedkar:
Bhimrao Ramji Ambedkar (14 April 1891 6 December 1956),
popularly known as Babasaheb, was an Indian jurist, economist,
politician and social reformer who inspired the Dalit Buddhist
Movement and campaigned against social discrimination against
Untouchables (Dalits), while also supporting the rights of women
and labour.[3][4] He was Independent India's first law minister
and the principal architect of the Constitution of India.[5][6][7]
[8]

Ambedkar was a prolific student, earning doctorates in

economics from both Columbia University and the London
School of Economics, and gained a reputation as a scholar for his
research in law, economics and political science.[9] In his early
career he was an economist, professor, and lawyer. His later life
was marked by his political activities; he became involved in
campaigning and negotiations for India's independence,
publishing journals advocating political rights and social freedom
for Dalits, and contributing significantly to the establishment of
the state of India. In 1956 he converted to Buddhism, initiating
mass conversions of Dalits.

In 1990, the Bharat Ratna, India's highest civilian award, was

posthumously conferred upon Ambedkar. Ambedkar's legacy
includes numerous memorials and depictions in popular culture.

Ambedkar was born on 14 April 1891 in the town and military

cantonment of Mhow in the Central Provinces (now in Madhya
Pradesh).[10] He was the 14th and last child of Ramji Maloji
Sakpal, an army officer who held the rank of Subedar, and
Bhimabai Murbadkar Sakpal.[11] His family was of Marathi
background from the town of Ambavade (Mandangad taluka) in
Ratnagiri district of modern-day Maharashtra. Ambedkar was
born into a poor low Mahar (dalit) caste, who were treated as
untouchables and subjected to socio-economic discrimination.
[12] Ambedkar's ancestors had long worked for the army of the
British East India Company, and his father served in the British
Indian Army at the Mhow cantonment.[13] Although they
attended school, Ambedkar and other untouchable children
were segregated and given little attention or help by teachers.
They were not allowed to sit inside the class. When they needed
to drink water, someone from a higher caste had to pour that
water from a height as they were not allowed to touch either the
water or the vessel that contained it. This task was usually
performed for the young Ambedkar by the school peon, and if
the peon was not available then he had to go without water; the
situation he later in his writings described as "No peon, No
Water".[14] He was required to sit on a gunny sack which he had
to take home with him.[15]

Ramji Sakpal retired in 1894 and the family moved to Satara two
years later. Shortly after their move, Ambedkar's mother died.
The children were cared for by their paternal aunt, and lived in
difficult circumstances. Three sons Balaram, Anandrao and
Bhimrao and two daughters Manjula and Tulasa of the
Ambedkars would go on to survive them. Of his brothers and
sisters, only Ambedkar passed his examinations and graduated
to high school. His original surname Ambavadekar comes from
his native village 'Ambavade' in Ratnagiri district.[16] His
teacher, Mahadev Ambedkar, who was fond of him, changed his
surname from 'Ambavadekar' to his own surname 'Ambedkar' in
school records.

Drafting India's Constitution

Upon India's independence on 15 August 1947, the new

Congress-led government invited Ambedkar to serve as the
nation's first Law Minister, which he accepted. On 29 August, he
was appointed Chairman of the Constitution Drafting
Committee, and was appointed by the Assembly to write India's
new Constitution.[57]

Granville Austin described the Indian Constitution drafted by

Ambedkar as 'first and foremost a social document'. 'The
majority of India's constitutional provisions are either directly
arrived at furthering the aim of social revolution or attempt to
foster this revolution by establishing conditions necessary for its
achievement.'[58]

The text prepared by Ambedkar provided constitutional

guarantees and protections for a wide range of civil liberties for
individual citizens, including freedom of religion, the abolition of
untouchability, and the outlawing of all forms of discrimination.
Ambedkar argued for extensive economic and social rights for
women, and won the Assembly's support for introducing a
system of reservations of jobs in the civil services, schools and
colleges for members of scheduled castes and scheduled tribes
and Other Backward Class, a system akin to affirmative action.
[59] India's lawmakers hoped to eradicate the socio-economic
inequalities and lack of opportunities for India's depressed
classes through these measures.[60] The Constitution was
adopted on 26 November 1949 by the Constituent Assembly.[61]

During the debates in the Constituent Assembly, Ambedkar

demonstrated his will to reform Indian society by recommending
the adoption of a Uniform Civil Code.[62][63] Ambedkar
resigned from the cabinet in 1951, when parliament stalled his
draft of the Hindu Code Bill, which sought to enshrine gender
equality in the laws of inheritance and marriage.[64] Ambedkar
independently contested an election in 1952 to the lower house
of parliament, the Lok Sabha, but was defeated in the Bombay
(North Central) constituency by a little-known Narayan Sadoba
Kajrolkar, who polled 138,137 votes compared to Ambedkar's
123,576.[65][66][67] He was appointed to the upper house, of
parliament, the Rajya Sabha in March 1952 and would remain as
member till death.[68]

Ambedkar's legacy as a socio-political reformer, had a deep

effect on modern India.[103][104] In post-Independence India,
his socio-political thought is respected across the political
spectrum. His initiatives have influenced various spheres of life
and transformed the way India today looks at socio-economic
policies, education and affirmative action through socio-
economic and legal incentives. His reputation as a scholar led to
his appointment as free India's first law minister, and chairman
of the committee for drafting the constitution. He passionately
believed in individual freedom and criticised caste society. His
accusations of Hinduism as being the foundation of the caste
system made him controversial and unpopular among Hindus.
[105] His conversion to Buddhism sparked a revival in interest in
Buddhist philosophy in India and abroad.[106]

Many public institutions are named in his honour, and the Dr.
Babasaheb Ambedkar International Airport in Nagpur, otherwise
known as Sonegaon Airport. Dr. B. R. Ambedkar National
Institute of Technology, Jalandhar is also named in his honour. A
large official portrait of Ambedkar is on display in the Indian
Parliament building.

The Maharashtra government has acquired a house in London

where Ambedkar lived during his days as a student in the 1920s.
The house is expected to be converted into a museum-cum-
memorial to Ambedkar.[107]

Ambedkar was voted the "Greatest Indian" in 2012 by a poll

organised by History TV18 and CNN IBN. Nearly 20 million votes
were cast, making him the most popular Indian figure since the
launch of the initiative.[108][109] Due to his role in economics,
Narendra Jadhav, a notable Indian economist,[110] has said that
Ambedkar was "the highest educated Indian economist of all
times."[111] Amartya Sen, said that Ambedkar is "father of my
economics", and "he was highly controversial figure in his home
country, though it was not the reality. His contribution in the
field of economics is marvelous and will be remembered
forever."[112][113] Osho, a spiritual teacher, remarked "I have
seen people who are born in the lowest category of Hindu law,
the sudras, the untouchables, so intelligent: when India became
independent, the man who made the constitution of India, Dr.
Babasaheb Ambedkar, was a sudra. There was no equal to his
intelligence as far as law is concerned he was a world-famous
authority." [114] President Obama addressed the Indian
parliament in 2010, and referred to Dalit leader Dr. B.R.
Ambedkar as the great and revered Human Rights champion and
main author of Indias constitution.[115]

Ambedkar's political philosophy has given rise to a large number

of political parties, publications and workers' unions that remain
active across India, especially in Maharashtra. His promotion of
Buddhism has rejuvenated interest in Buddhist philosophy
among sections of population in India. Mass conversion
ceremonies have been organised by human rights activists in
modern times, emulating Ambedkar's Nagpur ceremony of 1956.
[116] some Indian Buddhists regard him as a Bodhisattva,
although he never claimed it himself.[117] Outside India, during
the late 1990s, some Hungarian Romani people drew parallels
between their own situation and that of the downtrodden
people in India. Inspired by Ambedkar, they started to convert to
Buddhism

Fundamental rights

Fundamental rights are generally regarded set of legal

protections in the context of a legal system, where such system is
itself based upon this same set of basic, fundamental, or
inalienable rights. Such rights thus belong without presumption
or cost of privilege to all human beings under such jurisdiction.
The concept of human rights has been promoted as a legal
concept in a large part owing to the idea that human beings have
such "fundamental" rights, such that transcend all jurisdiction,
but are typically reinforced in different ways and with different
emphasis within different legal systems.These are the social
claims or privileges that are provided by the state to its citizens.
They are inviolable and remain attached against their breaching.

India[edit]

Main article: Fundamental Rights in India

There are seven main fundamental rights of India:

right to equality

right to freedom of speech and expression

right to freedom of religion

right against exploitation

cultural and educational rights

right to constitutional remedies

Newly implemented 7th Fundamental right in India is

right to education

It was added in the constitution after the 86th amendment in

the year 2002 under article 21A. It is the most recently
implemented fundamental right. RTE Act enabled this right in
the year 2010.

Salient features of constitution of india

Salient Features of the Constitution of India

The main features of Indian Constitution are the following:

(i) A written and lengthy constitution:

The Constitution of India is a written constitution. It was framed

by a Constituent Assembly which was established for the
purpose in 1946. It has 395 Articles and 12 Schedules. A number
of amendments, (about 96) passed since its enforcement in
1950, have also become a part of the Constitution.

The Constitution of India is the lengthiest constitution in the

world as no other constitution contains as many articles. The
constitution of USA has 7 Articles, of China 138, Japanese 103,
and Canadian 107 Articles.

(ii) Sovereign, socialist, secular, democratic, republic:

The Constitution declares India to be a Sovereign, Socialist,

Secular, Democratic, Republic. The words, 'Socialist' and 'secular'
were added in the Preamble of the Constitution by 42nd
amendment which was passed in 1976.

Sovereign means absolutely independent; it is not under the

control of any other state. Before 1947, India was not sovereign
as it was under the Britishers. Now it can frame its policy
without any outside interference.

Socialist:

Word 'Socialist' was added in the Preamble by 42nd Amendment

of the Constitution which was passed in 1976. This implies a
system which will endeavour to avoid concentration of wealth in
a few hands and will assure its equitable distribution.
It also implies that India is against exploitation in all forms and
believes in economic justice to all its citizens.

Secular:

The word 'Secular', like Socialist, was also added in the Preamble
by 42nd Amendment of the Constitution. There is no state
religion in India. Every citizen is free to follow and practise the
religion of his/her own choice. The state cannot discriminate
among its citizens on the basis of religion.

Democratic:

Means that the power of the government is vested in the hands

of the people. People exercise this power through their elected
representatives who, in turn, are responsible to them. All the
citizens enjoy equal political rights.

Republic:

Means that the head of the State is not a hereditary monarch

but a President who is indirectly elected by the people for a
definite period.
(iii) Federal government:

The Constitution provides for a federal form of government. In a

federation, there are two governments-at the central level and
at the state (province) level. In India, the powers of the
government are divided between the central government and
state governments. There are three different lists of subjects- (i)
Union list, (ii) State list and (iii) Concurrent list. The Union list
contains 97 subjects of national importance like Defence, Foreign
Affairs, Currency, Post and Telegraph, Railways.

On these subjects, only central legislature (Parliament) can make

laws. State list contains 66 subjects of local importance. On these
subjects, state legislatures make laws. These subjects include
agriculture, police, and jails. Concurrent list contains 47 subjects
which are of common concern to both the central and state
governments.

These include marriage, divorce, social security etc. On these

subjects, both the parliament and state legislatures can legislate.
However, if there is a conflict between a central law and the
state law over a subject given in the concurrent list, the central
law will prevail.
(iv) Parliamentary government:

Indian Constitution provides for a parliamentary form of

government. President is nominal head of the state. In actual
practice, the government is run by the Prime Minister and other
members of the Council of Minister. The Council of Ministers is
collectively responsible to the Parliament.

(v) Fundamental rights and duties. The Constitution of India

guarantees six fundamental rights to every citizen. These are:

i. Right to Equality.

ii. Right to Freedom.

iii. Right against Exploitation.

iv. Right to Freedom of Religion.

v. Cultural and Educational Rights.

Vi. Right to Constitutional Remedies.

By 42nd Amendment of the Constitution, ten Fundamental

Duties of citizens have also been added.

(vi) Directive principles of state policy:

The Directive Principles of State Policy are listed in Part Four of

the Constitution. The framers of our constitution took the idea of
having such principles from the Irish Constitution. These
principles are instructions given by the Constitution to
government.

All the governments-Central, State and Local-are expected to

frame their policies in accordance with these principles. The aim
of these principles is to establish a welfare state in India. They,
however, are not binding on the government-they are mere
guidelines.

(vii) Partly rigid and partly flexible:

The Constitution of India is neither wholly rigid nor wholly

flexible. It is partly rigid and partly flexible. It is because of the
fact that for the purpose of amendment, our constitution has
been divided into three parts: (a) certain provisions of the
constitution can be amended by a simple majority in the
Parliament.

(b) Certain provisions can be amended by a two-third majority of

the Parliament and its ratification by at least fifty percent states.

(c) The remaining provisions can be amended by the Parliament

by two-third majority.

(viii) Single citizenship:

In federation, normally we have double citizenship. In U.S.A.

every citizen besides being a citizen of United States of America
is the citizen of the state in which he or she resides. But the
Constitution of India provides for singi' citizenship-every Indian,
irrespective of his place of birth or residence, is a citizen of India.
There is no citizenship of Delhi, Punjab, Haryana or U.P.

(ix) Universal adult franchise:

The constitution provides for Universal Adult Franchise. It means

that every citizen who is 18 years of age or more is entitled to
cast his/her vote irrespective of his caste, creed, sex, religion or
place of birth.

(c) Language policy:

The Constitution has also defined the language policy. India is a

country where different languages are spoken in various parts of
the country. Hindi and English have been made official languages
of the central government. A state can adopt the language
spoken by its people in that state also as its official language. At
present, we have 22 languages which have been recognised by
the Indian Constitution. These are:

Languages Recognised by the Indian Constitution

Assamese

Gujarati

Konkani
Marathi

Sanskrit

Telugu

Bengali

Hindi

Maithili

Nepali

Santhali

Urdu

Bodo
Kannada

Malayalam

Oriya

Sindhi

Dogri

Kashmiri

Manipuri

Punjabi

Tamil

(xi) Special provisions for scheduled castes and scheduled tribes:

The Constitution provides for giving certain special concessions
and privileges to the members of these castes. Seats have been
reserved for them in Parliament, State legislature and local
bodies, all government services and in all professional colleges.
At present these concessions will continue up to the year 2010.

(xii) Independent judiciary:

The Indian Constitution provides for an independent judiciary.

The judiciary has been made independent of the Executive as
well as the Legislature. The judges give impartial justice.

(xiii) A constitution derived from many sources:

The framers of our constitution borrowed many things from the

constitutions of various other countries and included them in our
constitution. That is why; some writers call Indian Constitution a
'bag of borrowings'.

(xiv) One national language:

Although India is a multi-lingual state, the constitution provides

that Hindi in Devnagri script will be the national language. It
shall be the duty of the union to promote and spread Hindi
language.

(xv) Emergency provisions:

The framers of our constitution had realised that there could be

certain dangerous situations when government could not be run
as in ordinary time. Hence our constitution contains certain
emergency provisions. During emergency the fundamental rights
of the citizens can be suspended and our government becomes a
unitary one.