Constitution of India - Formation of Constitution and Basic Structure

INDIAN CONSTITUTION AND ADMINISTRATION OF INDIA

The Formation

Indian Constitution was written after independence under Dr. Rajendra Prasad who later became India's First President. The Indian Constitution is unique in both spirit and content. It is the Supreme Law of India.  

The constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty, and endeavors to promote fraternity. The words "secular" and "socialist" were added to the preamble in 1976 during the Emergency.

The Drafting Committee

The constitution was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies. The 389-member assembly (reduced to 299 after the partition of India) took almost three years to draft the constitution holding eleven sessions over a 165-day period. B. R. Ambedkar was a wise constitutional expert, he had studied the constitutions of about 60 countries. Ambedkar is recognised as the "Father of the Constitution of India". He was the Chair Person of Drafting Committee.

Difficulties Faced during making of Indian Constitution

• The partition of the country happened on the basis of religious differences. It proved to be a traumatic experience for the people of both the countries (India and Pakistan) which also led to the killings of at least 10 lakh people.
• The British left it to princely states to ascertain whether they wanted to merge with India or with Pakistan or remain independent. The merger looked like a difficult and uncertain task.
• These problems created anxiety for the makers of the constitution regarding the present and the future of the country. Therefore, during drafting of the constitution, the future of the country looked insecure.
• India and Pakistan were already on War for the Kashmir Province from Oct 1947 well known as First Kashmir War.
• There was demand within the assembly to frame states on the basis of languages spoken, so a committee was framed to look into this matter and committee decided not to go ahead with linguistic division(with the fear that this may led to Sub-nationalism) finally the assembly left the decision up to the future parliament.
• As the country had already witnessed communal violence during partition so the another main aim of the assembly members was how to design a constitution that can ensure the prevention of communal violence in future.
• Assembly had to protect the interest of the minorities and the backward & exploited class and so had to frame the constitution with their interest.
• The members of assembly were not free to take up decision until new constitution of Independent India was ready. They regulated by British government. The people of India were emerging from states of Subjects to the status of Citizens with lot of Freedom.
• There were areas like Daman And Diu and Goa which were not yet independent. Such areas started getting independence but it could not be mixed with the provinces and so idea of Union Territories was advocated. Finally by 1961 all the present territory of India was made an Integral Part Of The Country.

FEATURES BORROWED FROM DIFFERENT CONSTITUTIONS OF WORLD

Country	Borrowed Features of the Constitution
Britain	1. Parliamentary government 2. Rule of Law 3. Legislative procedure 4. Single citizenship 5. Cabinet system 6. Prerogative writs 7. Parliamentary privileges 8. Bicameralism
Ireland	1. Directive Principles of State Policy 2. Method of Election of the president 3. Members nomination to the Rajya Sabha by the President
USA	1. Impeachment of the president 2. Functions of president and vice-president 3. Removal of Supreme Court and High court judges 4. Fundamental Rights 5. Judicial review 6. Independence of judiciary 7. The preamble of the constitution
Canada	1. Centrifugal form of federalism where the centre is stronger than the states. 2. Residuary powers vest with the centre 3. Centre appoints the Governors at the states 4. Advisory jurisdiction of the supreme court
Australia	1. Concept of Concurrent list 2. Article 108 i.e. Joint sitting of the two houses 3. Freedom of trade and commerce
USSR(Now Russia)	1. Fundamental duties 2. The ideals of justice (social, economic and political), expressed in the Preamble.
France	1. Concept of “Republic” 2. Ideals of Liberty, Equality and Fraternity(contained in the Preamble)
Germany	The right of President that suspends Fundamental Rights during Emergency
South Africa( In ammendement)	1. Election of members of the Rajya Sabha 2. Amendment of the Constitution
Japan	Concept of “procedure established by Law”

Some Facts You Must Know About The Indian Constitution:

 

1. Father of the Indian Constitution, Dr Ambedkar, Was Ready to Burn It.
    On Sept 02 1953, Dr. BR Ambedkar in the Rajya Sabha spoke this words:
   

   "My friends tell me that I have made the Constitution. But I am quite prepared to say that I shall be the first person to burn it out. I do not want it. It does not suit anybody. But whatever that may be if our people want to carry on they must not forget that there are majorities and there are minorities and they simply cannot ignore the minorities by saying, 'Oh, no. To recognise you is to harm democracy.' I should say that the greatest harm will come by injuring the minorities."  

2. The Constitution Was Originally Written in Hindi and English.
   The original copies of the Indian Constitution were written in Hindi and English. Each member of the Constituent Assembly that drafted the Constitution, signed two copies of the constitution, one in Hindi and the other in English.
   
   
   
   
3. The Indian Constitution is World's Longest Constitution with 1,17,369 words.
   There are a total of 117,369 words in the English version of the Constitution of India which contains 444 articles in 22 parts, 12 schedules and 115 amendments.
   
   
4. The Constitution Wasn’t Typed or Printed it was Handwritten.
   Our Constitution is worlds Longest Handwritten Constitution which makes itself Historical in the world. It was written by Prem Behari Narain Raizada. Each Page Was Decorated by Artists from Shantiniketan
   
5. 9 December 1946: The Constituent Assembly Met for the First Time.
   The Constituent Assembly was the first Parliament of Independent India. Dr Sachchidananda Sinha was the first president (temporary Chairman of the Assembly) of the Constituent Assembly when it met on 9 December 1946.
6. 2,000 Amendments Were Made to the First Draft.
   Around 2000 Amendments were made in the Draft Constitution under Dr. BR Ambedkar. Each article and page was read and discussed for hours and Days before making it finalised.
7. The National Emblem of India was legally Adopted.
   The National Emblem was adopted on 26 January 1950 – the day India was declared a republic with its Constitution coming into effect. A representation of Lion Capital of Ashoka was initially adopted as the emblem of the Dominion of India in December 1947. The current version of the emblem was officially adopted on 26 January 1950, the day India became a republic.
   
8. Basic Structure of the Constitution Stands on the Government of India Act, 1935
   The Government of India Act 1935 was originally passed in August 1935 and is said to be the longest Act of (British) Parliament ever enacted by that time. The 1935 Act was the second installment of constitutional reforms passed by British Parliament for implementing the ideal of responsible government in India.

Conclusion

As a responsible and learned Citizen of India we should be proud of The Indian Constitution and should always respect and follow its laws, enjoy fundamental rights and also consider following our Fundamental Duties. This is not only for Defence Examination or UPSC Exams but for each and every citizen of India.