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The Meaning and Nature of the Constitution of India

 

the meaning and nature of the Constitution of the India

The Meaning and Nature of the Constitution of India:- FRAMING, ENACTMENT, FEATURES, AND THE SOURCES OF THE INDIAN CONSTITUTION.

Framing of the Indian Constitution:

Discuss the meaning and the nature of the Constitution of India. The Constitution was framed by the Constituent Assembly of India, set up on 16th May 1946, in accordance with The Cabinet mission plan, under the chairmanship of Sachidananda Sinha, initially.

Dr. Rajendra Prasad and H.C Mukherjee were elected as the President and Vice- President respectively on 11th Dec 1946. B.N Rao was appointed as the constitutional advisor. The idea to have a constitution was first given by M.N Roy.

The Meaning and Nature of the Constitution of India

The total membership of the constituent assembly was 389, of these 292 were representatives of British States; 93 were representatives of Princely States and 4 were from the Chief Commissioners provinces of Ajmer-Merwara,  British Baluchistan. Delhi and Coorg.

Dr. B.R. Ambedkar is the chairman of the Drafting Committee, and also known as Father of the Indian Constitution.


Enactment of the Indian Constitution

The constituent Assembly took 2 years 11 months and 18 days to complete the Constitution.

On 26th November 1949, The Constitution is adopted. contained a Preamble,395 Articles divided into 22 Parts and 8 Schedules. Presently, it has 448 Articles divided into 25 Parts and 12 Schedules.

The Constitution came into force on 26 Jan 1950, known as Republic Day of India.

On 22nd July 1947, Our National Flag was adopted by the Constituent Assembly. It was designed by Pingali Venkayya


The Meaning and Nature of the Constitution of India

Nature and the features of the Constitution of India.

The framers of the constitution while drafting the constitution included the best features of almost all important constitution of the world, e.g. The Fundamental Rights from the constitution of The U.S.A., Parliamentary form of Government from the Constitution of The U.K., Directive principles of state policy from the of Ireland, Emergency provisions from the Constitution of Ireland, Emergency provisions from the Constitution of Germany and many other provisions from the Government of India Act, 1935.

Dr. B.R Ambedkar considered Our Constitution to be both unitary wells as federal according to the requirements of time and circumstances.


According to Jennings-

“The Indian Constitution is a Federation with a Strong centralized tendency.”

  1. The duality of government: In a Unitary State there is only one Government, i.e., National or Central Government, while in a Federal State there are two forms of Government, the Federal or Central Government and the government of each constituent State. Indian Constitution is neither federal in full nor unitary but it is a mixture of both i.e., federal as well as unitary.
  2. Largest written constitution: Indian constitution is a written constitution. It has the most lengthy and detailed constitution. no constitution in the world perhaps so comprehensive.
  3. Separation of Distribution of powers: Distribution of powers by the Indian Constitution is an important feature of the Indian Constitution. The Executive, Legislature, Judiciary all three organs of the Government, both at the centre and in the state.
  4. Sovereign State: As per the Preamble of the Constitution, the object of the Indian Constitution is to establish a sovereign Democratic State. The Government of India is free to lay its own policy about its external and internal matters.
  5. Rigid as well as Flexible: The Indian Constitution is rigid as well as flexible; it is neither much rigid nor flexible. The constitution itself provides about the procedure for the amendment of the constitution. In this respect, it is called flexible.The Meaning and Nature of the Constitution of India
  6. Single Citizenship: The Indian federation is a dual polity with single citizenship for the whole of India. Every Indian has the same rights of citizenship, no matter in which State he resides.
  7. Democratic System: The Constitution of India provides for a Democratic set up in India because now all powers vests in the public at large and not in a person, post, or body.
  8. Adult suffrage: The Constitution of India provides everyone irrespective of sex, caste, or creed, who attains the age of 18 years, has right to vote during general elections for Lok Sabha and for state Legislative Assembly, besides the right to vote for other elected bodies.
  9. Independent Judiciary-Rule of Law: The Act made by the parliament can be declared null and void by the judiciary if it is unconstitutional or overrides the provisions of the constitution. The judiciary is not only the interpreter of the constitution and acts in law, that it is the guardian of the citizens of India to safeguard their rights and interests.
  10. A strong Centre: The distribution of powers between the federation and the units is that the state Governments are governments of limited and enumerated powers, it has, under certain circumstances, powers even over the State Governments and the residuary power over the whole territory.
  11. Fundamental duties: By the 42nd amendment of the Indian constitution, ch-4 A has been added in the constitution where fundamental duties of the citizens of India have been included.
  12. Fundamental Rights: The Most important feature of the Indian Constitution is the provision for Fundamental Rights-Chapter 3rd of the Constitution. In every democratic system of Government, there are some rights that are regarded as Fundamental.The Meaning and Nature of the Constitution of India
  13. Directive principle of State Policy: The constitution of India also provides about certain principles which are the state is bound to get them in practice as per need and practicability. To state shall endeavour to achieve the goals provided in these Directive Principles.
  14. Parliamentary form of Government: The parliamentary system of government consisting of the President and the Council of Ministers headed by the Prime Minister. The President is only a nominal head, the real executive and administrative powers are vested in the council of Ministers also called the Cabinet.
  15. Uniformity: The constitution of India provides for Uniformity in all basics matters which is essential to maintain the unity of the Country. There is uniformity in Fundamental law, civil, and criminal, there is a single judiciary and there is common All India Services.

Discussion of the meaning and the nature of the Constitution of India above and here is the 

SOURCES OF THE INDIAN CONSTITUTION

U.K

  • RULE OF LAWCABINET SYSTEM.
  • PREROGATIVE WRITS.
  • PARLIAMENTARY GOVERNMENT.
  • BICAMERAL PARLIAMENT.
  • C.A.G OFFICE.
  • SINGLE CITIZENSHIP.
  • LAW MAKING PROCEDURES.

U.S.A

  • WRITTEN CONSTITUTION.
  • VICE-PRESIDENT AS THE EX-OFFICIO CHAIRMAN OF UPPER HOUSE.
  • FUNDAMENTAL RIGHTS.
  • SUPREME COURT.
  • INDEPENDENCE OF JUDICIARY.
  • JUDICIAL REVIEW.
  • PREAMBLE.

USSR

  • FUNDAMENTAL DUTIES.

AUSTRALIA

  • CONCURRENT LIST.
  • JOINT SITTING OF PARLIAMENT.

JAPAN

  • PROCEDURE ESTABLISHED BY LAW.

GERMANY

  • SUSPENSION OF FUNDAMENTAL RIGHTS DURING THE EMERGENCY.

CANADA

  • SCHEME OF FEDERATION WITH A STRONG CENTRE.
  • DISTRIBUTION OF POWERS BETWEEN THE CENTRE AND THE STATES AND PLACING RESIDUARY POWERS WITH THE CENTRE.

IRELAND

  • CONCEPT OF DPSP METHOD OF ELECTION OF THE PRESIDENT.

SOUTH AFRICA

  • PROCEDURE FOR AMENDMENT OF THE CONSTITUTION ELECTION OF MEMBER OF RAJ SABHA.

FRANCE

  • REPUBLIC AND THE IDEALS OF LIBERTY, EQUALITY AND FRATERNITY IN THE PREAMBLE.

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