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INDIAN CONSTITUTION
By Prof. Sunil Kumar Roy
HISTORICAL BACKGROUND :
The Constitution of India was enacted on 26th of January, 1950 Being drafted on 26th of November, 1949, the Indian Constitution laid the foundations for establishment of the Democratic Republic of India. The Constitution of India was drafted over a period of 2 years, 11 months and 17 days. The members of Constituent Assembly of India met for the first time in the year 1946 on December 9.
The next meeting of the Assembly took place on August 14th, 1947 for the dominion of India in which the proposal of forming various committees was presented. Such committees include Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee. On 29th August, 1947 a Drafting Committee, with Dr. Ambedkar as the Chairman, was formed on the basis of the various reports submitted by the previous committees. It was in the year 1948 that a Draft Constitution including a range of proposals was formed by the concerned committee. Finally, from 14th to 26th of November, 1949 the Constituent Assembly analyzed each and every provision of the Draft. The then President of the Constituent Assembly of India signed the Draft on November 26th, 1949.
PREAMBLE :
The Preamble is one of the most significant parts of the Constitution of India. Focusing on the core objective of the Indian Constitution, the Preamble includes the following: Equality - which connotes equal opportunity for one and all. Justice - which means fair judgment in the fields of politics, society and economy. Fraternity - which works towards keeping the integrity and strength of the country intact along with special stress on individual dignity. Liberty - which assures every citizen of India the freedom of speech and expression, religious independence and choice of going by one's own belief.
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PREAMBLE :
"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
CITIZENSHIP :
PART II of Indian constitution i.e. Articles 5-11 lays down the provisions relating to citizenship of India :
Article Provision 5 Citizenship at the commencement of the Constitution. 6 Rights of citizenship of certain persons who have migrated to India from Pakistan. 7 Rights of citizenship of certain migrants to Pakistan. 8 Rights of citizenship of certain persons of Indian origin residing outside India. 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens. 10 Continuance of the rights of citizenship. 11 Parliament to regulate the right of citizenship by
CITIZENSHIP :
Article 5: Citizenship at the commencement of the Constitution.At the commencement of this Constitution, every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.
CITIZENSHIP :
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan.Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if (a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and (b)(i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.
CITIZENSHIP :
Article 7 : Rights of citizenship of certain migrants to Pakistan.Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
CITIZENSHIP
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
CITIZENSHIP
Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens. No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State. Article 10: Continuance of the rights of citizenship.Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. Article 11: Parliament to regulate the right of citizenship by law.Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
FUNDAMENTAL RIGHTS :
Rights literally mean those freedoms which are essential for personal good as well as the good of the community.
The six fundamental rights of an Indian are:1. Right to equality 2. Right to freedom 3. Right against exploitation 4. Right to freedom of religion 5. Cultural and educational rights 6. Right to constitutional remedies
Includes.. Equality before law. (article 14) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.(article 15) Equality of opportunity in matters of employment (Article 16)
INCLUDES .. 1. Right to freedom and expression, which enable an individual to participate in public activities. 2. Freedom to assemble peacefully without arms 3. Freedom to form associations or unions 4. Freedom to move freely throughout the territory of India 5. Freedom to reside and settle in any part of the territory of India 6. Freedom to practice any profession or to carry on any occupation, trade or business
Includes.. Abolition of trafficking in human beings and Beggar (forced labor). Abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines
Includes.. All religions are equal before the State and no religion shall be given preference over the other. Citizens are free to preach, practice and propagate any religion of their choice. The objective of this right is to sustain the principle of secularism in India.
Includes.. Protection of interests of minorities. Rights of minorities to establish and administer educational institutions.
FUNDAMENTAL RIGHTS : RIGHT TO CONSTITUTIONAL REMEDIES (Articles 32-35) Empowers the citizens to move a court of law in case of any denial of fundamental rights
Article37: Application of the principles contained in this Part The provisions contained in this Part shall not be enforceable by any court , but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws .
Article 38 : State to secure a social order for the promotion of welfare of the people.
(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social ,economic and political , shall inform all the institutions of the national life. (2) The State shall , in particular , strive to minimize the inequalities in income, and Endeavour to eliminate inequalities in status , facilities and opportunities , not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations .
Article 40. Organization of village panchayats .The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government. Article 41. Right to work, to education and to public assistance in certain cases .The State shall , within the limits of its economic capacity and development , make effective provision for securing the right to work, to education and to public assistance in cases of unemployment , old age, sickness and disablement , and in other cases of undeserved want . Article 42. Provision for just and humane conditions of work and maternity relief .The State shall make provision for securing jus t and humane conditions of work and for maternity relief. Article 43. Living wage, etc. , for workers .The State shall Endeavour to secure, by suitable legislation or economic organisation or in any other way, to al l workers , agricultural , industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of lei sure and social and cultural opportunities and, in particular , the State shall Endeavour to promote cottage industries on an individual or co-operative basis in rural areas .
44. Uniform civil code for the citizens .The State shall Endeavour to secure for the citizens a uniform civil code throughout the territory of India. 45. Provision for free and compulsory education for children.The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of four teen years . 46. Promotion of educational and economic interests of Scheduled Castes , Scheduled Tribes and other weaker sect ions .The State shall promote with special care the educational and economic interests of the weaker sect ions of the people, and, in particular , of the Scheduled Castes and the Scheduled Tribes , and shall protect them from social injustice and all forms of exploitation. 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.The State shall regard the raising of the level of nutrition and the standard of living of i t s people and the improvement of public health as among its primary duties and, in particular , the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. 48. Organisation of agriculture and animal husbandry.The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall , in particular , take steps for preserving and improving the breeds , and prohibiting the s laughter , of cows and calves and other milch and draught
The Constitution contains Emergency and Special Provisions of the Indian Constitution. Special Provisions relating to Certain Classes are included in Part XVI. The Constitution of India also covers Emergency Provisions in Part XVIII.
Emergency Provisions in the Constitution of India : The Emergency Provisions are mentioned from Article 352 to Article 360 of the Indian Constitution. Special Provisions Relating to Certain Classes : The Constitution of India has listed the special provisions relating to certain classes in Part XVI. From Article 330 to Article 342
EMERGENCY PROVISIONS :
Article 352: Proclamation of Emergency due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued. Article 353: Effect of Proclamation of Emergency - this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions.
EMERGENCY PROVISIONS :
Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation - provisions made under Articles 268 to 279 can be modified or exceptions can be made. Article 355: Duty of the Union to protect States against external aggression and internal disturbance - this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation's territory. Article 356: Provisions in case of failure of constitutional machinery in States - the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers.
EMERGENCY PROVISIONS
Article 357: Exercise of legislative powers under Proclamation issued under article 356 - the powers of the Legislature shall be exercised by the Parliament during emergency. Article 358: Suspension of provisions of article 19 (right to freedom) during emergencies - any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies - the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order.
EMERGENCY PROVISIONS :
Article 360: Provisions as to financial emergency - a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament.
SPECIAL PROVISIONS :
Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People. Article 331: Representation of the Anglo-Indian Community in the House of the People - it is specified in this Article of the Indian Constitution that the President of India has the sole right to elect a maximum of 2 members belonging to the Anglo-Indian section to represent the entire community. Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States - This Article of the Constitution states that a definite number of seats in every state's Legislative Assembly should be alloted to the Schedule Castes and Schedule Tribes. Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States - according to this Article of the Constitution of India if the Governor of any state thinks it necessary to elect one representative of the Anglo-Indian community for the Legislative Assembly of that state then he can do the same. Also, if the governor feels that Anglo-Indian community does not have sufficient representation in the state Legislative Assembly then also he can elect one member of that community for the Assembly.
SPECIAL PROVISIONS :
Article 334: Reservation of seats and special representation to cease after 289A - This Article holds the fact that after 60 years of the enactment of the Indian Constitution, certain provisions shall become ineffective. However, it is also specified that the Article will not be applied until and unless the House of the People or the Legislative Assembly gets dissolved because of some significant reason. The Provisions with which this Article deals with include reserving seats for Anglo-Indian community, Schedule Castes and Schedule Tribes in the House of the People or in the Legislative Assembly. Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts - The Article states that the various claims of the Schedule Castes and Schedule Tribes shall be regarded accordingly. Article 336: Special provision for Anglo-Indian community in certain services - as per this Article, for such posts of Union as postal and telegraph, customs and railway, the members of the Anglo-Indian community will be selected, for the first two years of the initiation of the Constitution, following the rules prevailing before 15th August, 1947
SPECIAL PROVISIONS :
Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community Article 338: National Commission for Scheduled Castes and Scheduled Tribes - This Article covers the issues to be dealt with by the said Commission exclusively made for the Schedule Castes and Schedule Tribes. Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes - the Article suggests that a Commission specifying the administration of Scheduled Areas and Welfare of Scheduled Tribes shall be formed by Order of the President after 10
SPECIAL PROVISIONS :
Article 340: Appointment of a Commission to investigate the conditions of backward classes - this Article specifies that the President of India can form a Commission by Order that will look into the overall condition of the people belonging to the backward classes. Article 341: Scheduled Castes - this Article states that the President of India after taking the advice of the Governor of any state or Union Territory, has the right to demarcate tribes, races or castes or a part of any group as Scheduled Castes, in accordance with the law of the Constitution. Article 342: Scheduled Tribe - a group belonging to a tribe or an entire tribal community of a state or an Union Territory can be declared as Scheduled Tribe by the President of India through issuing a public notice.
INDIAN PARLIAMENT
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President of India and the two Houses, Lok Sabha (House of the People) and Rajya Sabha (Council of States). The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.
All of its members are directly elected by citizens of India on the basis of Universal Adult Suffrage, except two who are appointed by the President of India. The Constitution provides that the maximum strength of the House be 552 members. It has a term of five years. Up to 530 members represent the territorial constituencies in States, up to 20 members represents the Union Territories and no more than two members from Anglo-Indian community can be nominated by the President of India if he or she feels that the community is not adequately represented
SESSION OF PARLIAMENT :
The period during which the House meets to conduct its business is called a session. The Constitution empowers the President to summon each House at such intervals that there should not be more than 6 month's gap between the two sessions. Hence the Parliament must meet at least twice a year. In India, the parliament conducts three sessions each year: Budget session: 2035 days in the months of February to May. Monsoon session: 2035 days in the months of July to August. Winter session: 2034 days in the months of November to December