This is Tnpsc notes for the topic in the polity: Constitution of India
The Constitution is the fundamental law of the country. It reflects the fundamental principles on which government functions.
It is concerned with the distribution of powers between the various organs of the government and between the Union and the states. The concept of the constitution first originated in the USA.
Need for a Constitution
A constitution provides certain principles that form the basis of any kind of state that citizens desire to live in. The constitution will help fulfill the beliefs of different segments of citizens.
Making of the Indian Constitution
The Constitution of India was framed by a Constituent Assembly set up under the Cabinet Mission Plan, of 1946. The Assembly consisted of 389 members representing Provinces (292), the State (93), the Chief Commissioner’s provinces (3), and Baluchistan (1).
The Constituent Assembly held its first meeting on December 9, 1946. Dr. Sahchidananda Sinha, the oldest member, was elected as the temporary President of the Assembly.
Similarly, both H.C. Mukherjee and V.T Krishnamachari were elected as the Vice-President of the Assembly. The Assembly met for 11 sessions along with 166 days of meetings.
During the discussion, 2473 amendments were presented. The Assembly worked through various committees and the draft of the Constitution was prepared by the Drafting Committee under the chairmanship of Dr B.R. Ambedkar.
B.R. Ambedkar is recognized as the ‘Father of the Constitution of India‘. The Constitution was finally adopted on November 26, 1949, and contained a Preamble, 22 parts, 395 Articles, and 8 Schedules, after the draft was discussed by the people, the press, provincial assemblies, and others.
The drafted constitution came into force on 26th January 1950, this day is known as Republic day. Prem Behari Narain Raizada was the calligrapher of the Indian Constitution. The original constitution was handwritten by him in a flowing italic style.
Features of the Constitution of India
- Longest Constitution – It is the longest Constitution with 395 articles and 12 schedules. And 90 Articles were added after 1951. It is regularly amended and so far there has 104 amendments have been made as of January 2020.
- The Constitution of Indian is drawn from different constitutions.
- Has Federal and Unitary features
- Federal Structure with strong Centre
- Independence of Judiciary
- Directive Principles of State Policy
- It is considered as Flexible and Rigid
Philosophy of the Constitution
Constitution has values that are guided by the freedom struggle and nurtured by it. The sacrifice from the freedom struggle is the foundation of the democracy of India. These values are in the Preamble. The Preamble is a guide for all the articles of the Indian constitution.
The idea of the Preamble is inspired by the constitution of the USA.
Institutional Design of Our Constitution
The Constitution of India is not merely a philosophy, but it embodies an institutional arrangement. As said earlier it is the longest handwritten constitution and its needs to be amended regularly. The makers of the constitution felt that it should be made in accordance with changes in society and the aspiration of the people.
Also, the Makers of the constitution did not see it as a sacred or unalterable law similar to religious texts such as Bhagvat Gita, Bible or Quran. So they made provisions to incorporate changes and these changes were known as Amendments.
Like any other constitution, the Indian constitution law down a procedure and chooses a person to rule this country by democratic means. Also, it defines how much power a person has and to take political decisions.
Also, the constitution defines the limits of the governments and provides some basic rights to its citizens that can never be violated.