117-491: The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered "Fundamental" in the governance of the country, which makes it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by
234-599: A Constitutional amendment which has to be passed by a special majority of both houses of the Parliament . This means that an amendment requires the approval of two-thirds of the members present and voting and by the absolute majority of the house – whether the Lok Sabha or Rajya Sabha . Constitution of Ireland#Directive Principles of Social Policy The Constitution of Ireland ( Irish : Bunreacht na hÉireann , pronounced [ˈbˠʊnˠɾˠəxt̪ˠ n̪ˠə ˈheːɾʲən̪ˠ] )
351-503: A dominion of the British Crown and became a sovereign, democratic republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the remaining articles became effective on 26 January 1950 which is celebrated every year in India as Republic Day . The constitution was drawn from
468-465: A governor or (in union territories) a lieutenant governor and a chief minister . Article 356 permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. This power, known as president's rule , was abused as state governments came to be dismissed on flimsy grounds for political reasons. After S. R. Bommai v. Union of India , such
585-428: A course of action is more difficult since the courts have asserted their right of review. The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas. Article 370 gave special status to the state of Jammu and Kashmir . Article 368 dictates the procedure for constitutional amendments . Amendments are additions, variations or repeal of any part of
702-506: A healthy manner and should be protected against exploitation and against moral and material abandonment per Article 39 . The State shall provide free legal aid to ensure that equal opportunities for securing justice is ensured to all, and is not denied by reason of economic or other disabilities per Article 39A . The State shall also work for the organisation of village panchayats and help enable them to function as units of self-government per Article 40 . The State shall endeavour to provide
819-593: A message of goodwill from 268 United States congressmen, including eight senators. The signatories expressed "their ardent congratulations on the birth of the State of Ireland and the consequent coming into effect of the new constitution", adding that "We regard the adoption of the new constitution and the emergence of the State of Ireland as events of the utmost importance." Feminists such as Hannah Sheehy Skeffington claimed that certain articles threatened their rights as citizens and as workers. Article 41.2, for example, equated womanhood with motherhood and further specified
936-563: A national emergency the Oireachtas may pass laws that would otherwise be unconstitutional, and the actions of the executive cannot be found to be ultra vires or unconstitutional provided they at least "purport" to be in pursuance of such a law. However, the constitutional prohibition on the death penalty (Article 15.5.2°), introduced by an amendment made in 2001, is an absolute exception to these powers. There have been two national emergencies since 1937: an emergency declared in 1939 to cover
1053-564: A new social problem or phenomenon not considered at the time of the Constitution being drafted (e.g. children's rights, same-sex marriage), to address outmoded provisions in the Constitution (e.g. special position of the Roman Catholic Church, prohibition on abortion), or to attempt to reverse or alter an interpretation of the court through a corrective referendum (e.g. Oireachtas enquiries). Usually referendums are only proposed when there
1170-757: A number of Christian denominations, such as the Anglican Church of Ireland , the Presbyterian Church in Ireland , as well as "the Jewish Congregations". It also recognised the "special position" of the Catholic Church. These provisions were removed by the Fifth Amendment in 1973 (see below). Nevertheless, the constitution still contains a number of explicit religious references, such as in the preamble,
1287-661: A number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the Government of India Act 1858 , the Indian Councils Acts of 1861 , 1892 and 1909 , the Government of India Acts 1919 and 1935 , and the Indian Independence Act 1947 . The latter, which led to the creation of Pakistan , divided the former Constituent Assembly in two. The Amendment act of 1935
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#17328484983671404-477: A preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 105 times ; the latest amendment became effective on 15 August 2021. The constitution's articles are grouped into the following parts: Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy. The executive, legislative, and judicial branches of government receive their power from
1521-410: A prohibition on divorce. The ban on divorce was not removed until 1996. The Constitution had, from 1983 to 2018 , contained a prohibition of abortion. From 1992 the constitution did not prohibit the distribution of information about abortion services in other countries or the right of freedom of travel to procure an abortion. In theory, the prohibition of abortion did not apply to cases in which there
1638-481: A single constitution, single citizenship , an integrated judiciary, a flexible constitution, a strong central government , appointment of state governors by the central government, All India Services (the IAS , IFS and IPS ), and emergency provisions . This unique combination makes it quasi-federal in form. Each state and union territory has its own government. Analogous to the president and prime minister, each has
1755-739: A statewide plebiscite held on 1 July 1937. The Constitution may be amended solely by a national referendum . It is the longest continually operating republican constitution within the European Union . The Constitution of Ireland replaced the Constitution of the Irish Free State , which had been in effect since the independence, as a dominion , of the Irish state from the United Kingdom on 6 December 1922. There were two main motivations for replacing
1872-534: A sum of Rs. 47.7 million was released for this purpose. In order that scheduled castes and scheduled tribes are protected from atrocities, the Government enacted the Prevention of Atrocities Act , which provided severe punishments for such atrocities. Several Land Reform Acts were enacted to provide ownership rights to poor farmers. Up to September 2001, more than 20,000,000 acres (80,000 km) of land had been distributed to scheduled castes, scheduled tribes and
1989-599: A woman's 'life within the home'. The Women Graduates' Association, the Joint Committee of Women's Societies and Social Workers, together with the Irish Women Workers' Union mobilised a two-month campaign seeking the provisions' amendment or deletion. The Republican Congress also critiqued the constitution's "stone-age conception of womanhood". Writing in the Irish Democrat, Peadar O'Donnell and Frank Ryan condemned
2106-489: Is also a very important step for making the constitution for two new born countries. Each new assembly had sovereign power to draft and enact a new constitution for the separate states. 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
2223-535: Is enrolled in both languages, and in case of conflict the Irish language version takes precedence, even though in practice the Irish text is a translation of the English rather than vice versa . The 1937 Constitution introduced some Irish-language terms into English, such as Taoiseach and Tánaiste , while others, such as Oireachtas , had been used in the Free State Constitution. The use in English of Éire ,
2340-649: Is given to me does not really belong to me. It belongs partly to Sir B.N. Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee. A part of the credit must go to the members of the Drafting Committee who, as I have said, have sat for 141 days and without whose ingenuity to devise new formulae and capacity to tolerate and to accommodate different points of view,
2457-583: Is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose . Its calligrapher was Prem Behari Narain Raizada . The constitution was published in Dehradun and photolithographed by the Survey of India . Production of the original constitution took nearly five years. Two days later, on 26 January 1950, it became the law of India . The estimated cost of
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#17328484983672574-559: Is more commonly used in the official sphere. A draft of the constitution was presented personally to the Vatican for review and comment on two occasions by the Department Head at External Relations, Joseph P. Walsh. Prior to its tabling in Dáil Éireann and presentation to the Irish electorate in a plebiscite, Vatican Secretary of State Eugenio Cardinal Pacelli , the future Pope Pius XII, said of
2691-472: Is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. During a parliamentary recess, the president cannot promulgate ordinances under his legislative powers under Article 123, Chapter III . Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document. The constitution
2808-607: Is not part of the state as defined in Article 36 to claim non-applicability of DPSP (Part IV of the constitution) under Article 37 wherever applicable to it. There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles as applicable laws per Article 245 as they are already enshrined in the constitution. The State has made few efforts till now to implement
2925-535: Is partly appointed, partly indirectly elected and partly elected by a limited electorate. There is also an independent judiciary headed by the Supreme Court (Article 34). Under Article 28.3.3° the Constitution grants the state sweeping powers "in time of war or armed rebellion", which may (if so resolved by both Houses of the Oireachtas) include an armed conflict in which the state is not a direct participant. During
3042-785: Is preserved in a helium -filled case at the Parliament Library Building in New Delhi . In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as the Nehru Report . With the exception of scattered French and Portuguese exclaves, India was under the British rule from 1858 to 1947. From 1947 to 1950, the same legislation continued to be implemented as India
3159-611: Is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update. The commission submitted its report on 31 March 2002. However, the recommendations of this report have not been accepted by the consecutive governments. The government of India establishes term-based law commissions to recommend legal reforms, facilitating
3276-500: Is the fundamental law of Ireland . It asserts the national sovereignty of the Irish people . It guarantees certain fundamental rights, along with a popularly elected non-executive president , a bicameral parliament , a separation of powers and judicial review . It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State . It came into force on 29 December 1937 following
3393-585: Is wide political support for the proposed change. Article 25.5 provides that from time to time, the Taoiseach may cause an up to date text of the Constitution to be prepared in Irish and in English, embodying all of the amendments made so far (and retaining the transitory provisions). Once this new text has been signed by the Taoiseach, the Chief Justice and the President, it is enrolled on vellum and deposited with
3510-722: The 1932 general election . After 1932, under the provisions of the Statute of Westminster, some of the articles of the original Constitution which were required by the Anglo-Irish Treaty were dismantled by acts of the Oireachtas of the Irish Free State . Such amendments removed references to the Oath of Allegiance , appeals to the United Kingdom's Judicial Committee of the Privy Council ,
3627-704: The British Crown and the Governor-General . The sudden abdication of Edward VIII in December 1936 was quickly used to redefine the Royal connection. Nevertheless, the Fianna Fáil government still desired to replace the constitutional document they saw as having been imposed by the British government in 1922. The second motive for replacing the original constitution was primarily symbolic. De Valera wanted to put an Irish stamp on
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3744-507: The Directive Principles . The Programme of Universalisation of Elementary Education and the five-year plans has been accorded the highest priority in order to provide free education to all children up to the age of 14 years. The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years. Welfare schemes for
3861-431: The Directive Principles given in the Constitution of Ireland which are related to social justice , economic welfare , foreign policy , and legal and administrative matters. Directive Principles are classified under the following categories: Economic and Socialistic, Political and Administrative, Justice and Legal, Environmental, Protection of Monuments, Peace and Security. The History of Ireland , particularly
3978-662: The Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India . To ensure constitutional autochthony , its framers repealed prior acts of the British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day . The constitution declares India a sovereign , socialist , secular , and democratic republic , assures its citizens justice , equality , and liberty , and endeavours to promote fraternity . The original 1950 constitution
4095-748: The Irish Home Rule Movement ; hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of Social Policy . The idea of such policies "can be traced to the Declaration of the Rights of Man and of the Citizen proclaimed by Revolutionary France and the Declaration of Independence by the American Colonies." The Indian constitution was also influenced by
4212-545: The United Nations Universal Declaration of Human Rights . Indians, who were seeking independence from British rule and their own government, were particularly influenced by the independence of Ireland from British rule and the development of the Irish constitution. Also, the Directive Principles of State Policy in the Irish Constitution were looked upon by the people of India as an inspiration for
4329-550: The X Case , the Supreme Court ruled that the state must permit an abortion where there is a danger to her life, including a risk of suicide. Writing in 1968 , Irish Times literary editor Terence de Vere White criticised both the constitution and the existing political system, "At the time of this writing, the Constitution of the Republic is under scrutiny, but it is unlikely that any proposed changes therein will radically alter
4446-498: The judiciary has to keep them in mind in deciding cases. An existing policy in line with DPSP can not be reversed, however it can be expanded further in line with DPSP. The policy changes applicable The directive principles ensure that the State shall strive to promote the welfare of the people by securing a social order in which social , economic and political justice is animated/informed in all institutions of life as per Article 38 (1) . Dr. Ambedkar clarified as given below in
4563-437: The right to work , to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of economic capacity per Article 41 as well as provide for just and humane conditions of work and maternity relief per Article 42 . The State should also ensure a living wage and proper working conditions for workers, with full enjoyment of leisure and social and cultural activities. Also,
4680-510: The (non-binding) Directive Principles of Social Policy, as well as the system of vocational panels used to elect the Senate. The Constitution also grants very broadly worded rights to the institution of the family. The remaining religious provisions of the Constitution, including the wording of the Preamble, remain controversial and widely debated. As originally enacted, the Constitution also included
4797-502: The 1937 Constitution for upholding private property as a sacred, 'natural right' and declaring that capitalism was 'something ordained by Providence forever, amen!' The Congress further opposed the Roman Catholic Church's position as a 'State or semi-State church' in violation of republican principles and an offence to Protestants throughout the island. The 'Roman Catholic Bishops of the South', O'Donnell claimed, now functioned as 'the watchdogs of
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4914-506: The 1999 changes to Articles 2 and 3 ; articles 34A and 64 were added by the Thirty-third (2013) to initialise the new Court of Appeal . The rejected 2013 proposal to abolish the Seanad included both the deletion of previous Seanad-related transitory provisions and the addition of two new abolition-related ones. The associated Referendum Commission published the full transitory provisions for
5031-475: The Catholic Archbishop of Dublin . Other religious leaders who were consulted were Archbishop Edward Byrne (Roman Catholic), Archbishop John Gregg (Church of Ireland), William Massey (Methodist) and James Irwin (Presbyterian). There are a number of instances where the texts in English and Irish clash, a potential dilemma which the Constitution resolves by favouring the Irish text even though English
5148-520: The Constituent Assembly debates on Article 38 highlighting its inevitable implementation. ... The word 'strive' which occurs in the Draft Constitution, in judgement, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in
5265-416: The Constituent Assembly was ₹ 6.3 crore . The constitution has had more than 100 amendments since it was enacted. The Indian constitution is the world's longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution—after the Constitution of Alabama —in the world. The amended constitution has
5382-564: The Constitution of India talks about the application of Directive Principles provided under Article 36 to Article 51 . While debating can lead a good life. They also aim to establish social and economic democracy through a welfare state . Though the Directive Principles are non-justiciable rights of the people but fundamental in the governance of the country, it shall be the duty of the State to apply these principles in making laws per Article 37 . Besides, all executive agencies of union and states should also be guided by these principles. Even
5499-423: The Constitution. I must not omit to mention the members of the staff working under Mr. Mukherjee. For, I known how hard they worked and how long they have toiled sometimes even beyond midnight. I want to thank them all for their effort and their co-operation. While deliberating the revised draft constitution, the assembly moved, discussed and disposed off 2,473 amendments out of a total of 7,635. G. V. Mavlankar
5616-469: The Constitution: either as soon Hyde took office, or three years later in the case of Article 51. Article 51 expressly provides that it would cease to have legal effect once it was removed, but the rest remain in force, which has created subsequent inconvenience. The Second Amendment made changes to Article 56 despite the fact that it was no longer a part of the official text. The transitional continuation of
5733-704: The DPSPs. India, in the past has condemned all acts of aggression and has also supported the United Nations ' peace-keeping activities. By 2004, the Indian Army had participated in 37 UN peace-keeping operations. India played a key role in the passing of a UN resolution in 2003, which envisaged better co-operation between the Security Council and the troop-contributing countries. India has also been in favour of nuclear disarmament. Per Article 38 (1) , prompt rendering of
5850-473: The Department of Finance's preferences for minimal state spending. In line with Ireland's banks and grazier farming interests, the final wording thus preserved the state's existing currency and cattle trading relations with the United Kingdom. The text of the draft constitution, with minor amendments, was approved on 14 June 1937 by Dáil Éireann (then the sole house of parliament, the Seanad having been abolished
5967-729: The Fundamental Rights and the Directive Principles of State Policy were included in the I Draft Constitution (February 1948), the II Draft Constitution (17 October 1948) and the III and final Draft Constitution (26 November 1949), prepared by the Drafting Committee . Directive Principles are affirmative directions and are non - justiciable. However, this does not mean that they are subordinate to fundamental rights; Fundamental Rights and Directive Principles go hand in hand. Article 37 of
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#17328484983676084-557: The Great Depression, as social polarisation generated campaigns and strikes, Catholic social jurists aimed to forestall class conflict. Taoiseach Éamon de Valera and clericalist advisors such as John Charles McQuaid considered constitutional provisions to incorporate land redistribution, credit system regulation, and welfare rights. Late in the drafting process, however, de Valera re-wrote these initially robust socio-economic rights as non-binding 'directive principles', primarily to satisfy
6201-671: The Irish Department of Education. De Valera served as his own External Affairs Minister, hence the use of the Department's Legal Advisor, with whom he had previously worked closely, as opposed to the Attorney General or someone from the Department of the President of the Executive Council. He also received significant input from John Charles McQuaid , the then President of Blackrock College , on religious, educational, family and social welfare issues. McQuaid later became, in 1940,
6318-498: The Irish Free State, in future to be described under the Constitution as 'Eire' or 'Ireland' ... [and] cannot recognise that the adoption of the name 'Eire' or 'Ireland', or any other provision of those articles [of the Irish constitution], involves any right to territory ... forming part of the United Kingdom of Great Britain and Northern Ireland ... They therefore regard the use of the name 'Eire' or 'Ireland' in this connection as relating only to that area which has hitherto been known as
6435-408: The Irish Free State. The other governments of the British Commonwealth countries chose to continue to regard Ireland as a member of the British Commonwealth. A proposal by the Northern Ireland government that Northern Ireland be renamed "Ulster" in response to the new Irish constitution was aborted after it was determined that this would require Westminster legislation. The Irish government received
6552-497: The Irish-language name of the state, is deprecated . The Constitution establishes a government under a parliamentary system . It provides for a directly elected, largely ceremonial President of Ireland (Article 12), a head of government called the Taoiseach (Article 28), and a national parliament called the Oireachtas (Article 15). The Oireachtas has a dominant directly elected lower house known as Dáil Éireann (Article 16) and an upper house Seanad Éireann (Article 18), which
6669-412: The Oireachtas had a right "to exercise jurisdiction over the whole of that territory". These articles offended Unionists in Northern Ireland, who considered them tantamount to an illegal extraterritorial claim. Under the terms of the 1998 Good Friday Agreement , Articles 2 and 3 were amended to remove any reference to a "national territory", and to state that a united Ireland should only come about with
6786-425: The Oireachtas", and "shall not be cognisable by any Court under any of the provisions of this Constitution" (preamble to Article 45). The "Directive Principles of Social Policy" feature little in contemporary parliamentary debates. However, no proposals have yet been made for their repeal or amendment. The principles require, in summary, that: The "Directive Principles" have influenced other constitutions. Notably,
6903-440: The President and Seanad — provision was made for their establishment within 180 days, and for the Oireachtas and Presidential Commission to function without them in the interim notwithstanding that they were otherwise essential. Judges were required to swear allegiance to the new Constitution to continue in office, but other continuing public servants were not. Article 51 allowed constitutional amendments without referendum during
7020-677: The age of six years per Article 45 . This directive regarding education of children was updated by the 86th Amendment Act, 2002 . It should work for the economic and educational upliftment of scheduled castes , scheduled tribes and other weaker sections of the society per Article 46 . The directive principles commit the State to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes per Article 47 . It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting
7137-506: The assembly, which had over 30 representatives of the scheduled classes . Frank Anthony represented the Anglo-Indian community , and the Parsis were represented by H. P. Modi. Harendra Coomar Mookerjee , a Christian assembly vice-president, chaired the minorities committee and represented non-Anglo-Indian Christians. Ari Bahadur Gurung represented the Gorkha community. Judges, such as Alladi Krishnaswamy Iyer , Benegal Narsing Rau , K. M. Munshi and Ganesh Mavlankar were members of
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#17328484983677254-427: The assembly, committees were proposed. Rau's draft was considered, debated and amended by the seven-member drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair. A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947. Before adopting the constitution, the assembly held eleven sessions in 165 days. On 26 November 1949, it adopted
7371-425: The assembly. Female members included Sarojini Naidu , Hansa Mehta , Durgabai Deshmukh , Amrit Kaur and Vijaya Lakshmi Pandit . The first, two-day president of the assembly was Sachchidananda Sinha ; Rajendra Prasad was later elected president. It met for the first time on 9 December 1946. Sir B. N. Rau , a civil servant who became the first Indian judge in the International Court of Justice and
7488-456: The basic structure doctrine. The extent of land ownership and practice of a profession, in this case, were considered fundamental rights. The ruling was overturned with the ratification of the 24th Amendment in 1971. The judiciary is the final arbiter of the constitution. Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds. The judiciary protects
7605-417: The case of Bihar , half the seats have been reserved for women. Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer. Judiciary has been separated from the executive in all the states and Union territories except Jammu and Kashmir and Nagaland . India's Foreign Policy has also to some degree been influenced by
7722-506: The chairperson of the drafting committee, while Jawaharlal Nehru and Sardar Vallabhbhai Patel became chairperson of committees and sub-committees responsible for different subjects. A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member States to adopt these rights in their respective constitutions. Both
7839-432: The consent of majorities in both the jurisdictions on the island of Ireland. The amended Articles also guarantee the people of Northern Ireland the right to be a "part of the Irish Nation", and to Irish citizenship. This change came into force in December 1999. The Constitution guarantees freedom of worship, and forbids the state from creating an established church. Article 44.1 as originally enacted explicitly "recognised"
7956-531: The constitution and are bound by it. With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature . The constitution is considered federal in nature, and unitary in spirit. It has features of a federation, including a codified , supreme constitution; a three-tier governmental structure (central, state and local); division of powers ; bicameralism ; and an independent judiciary . It also possesses unitary features such as
8073-406: The constitution by Parliament. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Unlike ordinary bills in accordance with Article 245 (except for money bills ), there
8190-450: The constitution holding eleven sessions over a 165-day period. In the constitution assembly, a member of the drafting committee, T. T. Krishnamachari said: Mr. President, Sir, I am one of those in the House who have listened to Dr. Ambedkar very carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution. At the same time, I do realise that that amount of attention that
8307-452: The constitution in 1937. Firstly, the Statute of Westminster 1931 granted parliamentary autonomy to the six British Dominions (now known as Commonwealth realms ) within a British Commonwealth of Nations . This had the effect of making the dominions sovereign nations in their own right. The Irish Free State constitution of 1922 was, in the eyes of many, associated with the controversial Anglo-Irish Treaty . The anti-treaty faction, who opposed
8424-515: The constitution provided for a smooth takeover from the pre-existing institutions of the Free State to those established by the new constitution. Institutions would initially be assigned to their Free State analogues where available; this applied to the Dáil, courts, government, public service, Attorney General, Comptroller and Auditor General, Defence Forces and police. For constitutional innovations —
8541-433: The constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review . This is typical of parliamentary governments, where the judiciary checks parliamentary power. In its 1967 Golak Nath v. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by
8658-542: The constitution's assertion of a territorial claim on Northern Ireland, and the absence in its text of any reference to the British Commonwealth. The London-based Daily Telegraph included in its criticism the special position assigned to the Church of Rome under the new constitution. The Sunday Times concluded it would only help to "perpetuate division" between Dublin and Belfast. The Irish Catholic concluded it
8775-469: The constitution, which was signed by 284 members. The day is celebrated as National Law Day, or Constitution Day . The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar. The assembly's final session convened on 24 January 1950. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution
8892-441: The constitution. According to the doctrine, the constitution's basic features (when "read as a whole") cannot be abridged or abolished. These "basic features" have not been fully defined, and whether a particular provision of the constitution is a "basic feature" is decided by the courts. The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure: This implies that Parliament can only amend
9009-594: The consumer. The Equal Remuneration Act of 1976, provides for equal pay for equal work for both men and women. The Sampoorna Grameen Rozgar Yojana was launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through the Panchayati Raj institutions . Panchayati Raj now covers almost all states and Union territories . One-third of the total number of seats have been reserved for women in Panchayats at every level; in
9126-462: The declaration made by the President, and the remaining text of Article 44.1, which reads: The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion. A number of ideas found in the Constitution reflect the Catholic social teachings when the original text was drafted. Such teachings informed the provisions of
9243-494: The duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy , since it was created by a constituent assembly rather than Parliament ) and was adopted by its people with a declaration in its preamble . Parliament cannot override the constitution . It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced
9360-440: The executive in public services per Article 50 are also the obligations of the State as laid down in the directive principles. Finally Article 51 ensure that the State shall strive for the promotion and maintenance of international peace and security, just and honourable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration. The judiciary
9477-508: The family's "imprescriptible rights, antecedent and superior to all positive law" has been interpreted by the Supreme Court as conferring upon spouses a broad right to privacy in marital affairs. In McGee v. The Attorney General (1974) the court invoked this right to strike down laws banning the sale of contraceptives. The court also issued a controversial interpretation of Article 40.3.3°, which before its replacement in 2018 prohibited abortion. In Attorney General v X (1992), commonly known as
9594-403: The famous "Indian Directive Principles of State Policy" contained in the Constitution of India are influenced by the Constitution of Ireland. Moreover, the previous Constitution of Nepal adopted in 1962 and in force for 28 years and commonly called Panchayat Constitution contained a verbatim translation of the "Directive Principles" of the Irish constitution. The transitory provisions of
9711-401: The final amended draft: "We do not approve, neither do we disapprove; We shall maintain silence." The quid pro quo for this indulgence of the Catholic Church's interests in Ireland was the degree of respectability which it conferred on De Valera's formerly denounced republican faction and its reputation as the 'semi-constitutional' political wing of the 'irregular' anti-treaty forces. During
9828-645: The fulfilment of these Directives. That is why we have used the word 'strive'. Otherwise, it would be open for any Government to say that the circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go. Also, the State shall strive to minimise the inequalities in income and endeavour to eliminate economic inequality as well as inequalities in status and opportunities, not only among individuals but also among groups of people residing in different areas or engaged in different vocations per Article 38 (2) . The State shall aim for securing
9945-444: The fundamental rights of the people (enshrined in the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states). The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. An independent judiciary has been held as a basic feature of the constitution, which cannot be changed by
10062-555: The groups who opposed the constitution were supporters of Fine Gael and the Labour Party , Unionists , and some independents and feminists. The question put to voters was "Do you approve of the Draft Constitution which is the subject of this plebiscite?" . When the draft new constitution was published, the Irish Independent described it as one of de Valera's "finest tributes to his predecessors". The Irish Times criticised
10179-541: The independent Indian Government to comprehensively tackle complex social and economic challenges across a vast, diverse nation and population. In 1928, the Nehru Commission composing of representatives of all Indian political parties, proposed constitutional reforms for India that apart from calling for dominion status for India and elections under universal suffrage, would guarantee rights deemed fundamental, representation for religious and ethnic minorities, and limit
10296-449: The information of voters, with a disclaimer that this did not constitute an "official" text. Any part of the Constitution may be amended, but only by referendum. The procedure for amendment of the Constitution is set out in Article 46. An amendment must first be passed by both Houses of the Oireachtas, then be submitted to a referendum, and then finally must be signed into law by the President. Amendments are sometimes proposed to address
10413-529: The institutions of government, and chose to do this in particular through the use of Irish language nomenclature. De Valera personally supervised the writing of the Constitution. It was drafted initially by John Hearne , legal adviser to the Department of External Affairs (now called the Department of Foreign Affairs). It was translated into Irish over a number of drafts by a group headed by Micheál Ó Gríobhtha (assisted by Risteárd Ó Foghludha), who worked in
10530-449: The justice by courts is part of animating judiciary. Rendering prompt justice is the foremost purpose of the constitution as enshrined in the Preamble to the constitution also. However the judiciary is failing dismally in this respect by causing inordinate delay considering time of rendering justice in a case arbitrarily is its constitutional liberty. Changes in Directive Principles require
10647-479: The landless poor. The thrust of banking policy in India has been to improve banking facilities in the rural areas. The Minimum Wages Act of 1948 empowers government to fix minimum wages for employees engaged in various employments. The Consumer Protection Act of 1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to
10764-421: The laws of the Oireachtas and activities of the Government it finds to be unconstitutional. Under judicial review the quite broad meaning of certain articles has come to be explored and expanded upon since 1937. The Supreme Court ruled that Articles 2 and 3, before their alteration in 1999, did not impose a positive obligation upon the state that could be enforced in a court of law. The reference in Article 41 to
10881-507: The legislature or the executive. Article 50 of the Constitution provides that the state must take measures to separate the judiciary from the executive in the public services. Judicial review was adopted by the constitution of India from judicial review in the United States . In the Indian constitution, judicial review is dealt with in Article 13 . The constitution is the supreme power of
10998-671: The nation, and governs all laws. According to Article 13 : Due to the adoption of the Thirty-eighth Amendment , the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies). The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review
11115-473: The office of the Registrar of the Supreme Court. Once enrolled, the new text becomes conclusive evidence of the Constitution, and supersedes earlier enrolled copies. The Constitution has been enrolled six times: in 1938, 1942, 1980, 1990, 1999, and 2019. The Constitution states that it is the highest law of the land and grants the Supreme Court of Ireland authority to interpret its provisions, and to strike down
11232-501: The powers of the government. In 1931, the Indian National Congress (the largest Indian political party of the time) adopted resolutions committing itself to the defence of fundamental civil rights, as well as socio-economic rights such as the minimum wage and the abolition of untouchability and serfdom , committing themselves to socialism & Gandhian philosophy . When India obtained Independence on 15 August 1947,
11349-567: The pre-1937 courts was not formally ended until the Courts (Establishment and Constitution) Act 1961, whose long title refers to "Article 58 of the Constitution". A journalist commented in 1958 that the courts' status was determined by "a non-existent provision of the Constitution". Further transitory provisions have been added by subsequent constitutional amendments, and similarly omitted from officially published texts. The Nineteenth (1998) added subsections 3°, 4° and 5° to Article 29.7 to facilitate
11466-477: The previous year). The draft constitution was then put to a plebiscite on 1 July 1937 (the same day as the 1937 general election ), when it was passed by a plurality . 56% of voters were in favour, comprising 38.6% of the whole electorate. The constitution came into force on 29 December 1937 and, to mark the occasion, the Minister for Posts and Telegraphs issued two commemorative stamps on that date. Among
11583-633: The private property classes'. The official text of the Constitution consists of a Preamble, numbered Articles arranged under headings, and a final dedication ( Irish : Dochum glóire Dé agus onóra na hÉireann "For the glory of God and the Honour of Ireland", from the Annals of the Four Masters ). Its overall length is approximately 16,000 words. Article 8 of the Constitution states: Interpretation of these provisions has been contentious. The Constitution itself
11700-415: The promotion of cottage industries in rural areas is one of the obligations of the State per Article 43 The State shall take steps to promote their participation in the management of industrial undertakings per Article 43A . Also, the State shall endeavour to secure a uniform civil code for all citizens per Article 44 and provide early childhood care and education for all children until they complete
11817-467: The right to an adequate means of livelihood for all citizens, both men and women as well as equal pay for equal work for both men and women. The State should work to prevent the concentration of wealth and means of production in a few hands, and try to ensure that ownership and control of the material resources is distributed to best serve the common good. Child abuse and exploitation of workers should be prevented. Children should be allowed to develop in
11934-421: The rule of law. In Kesavananda Bharati v. State of Kerala , the Supreme Court ruled that an amendment cannot destroy what it seeks to modify; it cannot tinker with the constitution's basic structure or framework, which are immutable. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of
12051-498: The slaughter of cows , calves , other milch and draught cattle per Article 48 . It should protect and improve the environment and safeguard the forests and wildlife of the country per Article 48A . This directive, regarding the protection of forests and wildlife, was added by the 42nd Amendment Act, 1976 . Protection of monuments, places and objects of historic and artistic interest and national importance against destruction and damage per Article 49 and separation of judiciary from
12168-441: The system established. A Constitution on the United States model might well suit the people better than the present one; but the Irish are too innately Conservative ever to bring about such a change except by gradual and almost imperceptible degrees." As adopted in 1937, Article 2 asserted that "the whole island of Ireland, its islands and the territorial seas" formed a single "national territory", while Article 3 asserted that
12285-428: The task of developing a constitution for the nation was undertaken by the Constituent Assembly of India , composing of elected representatives under the presidency of Dr. Rajendra Prasad . While members of Congress composed of a large majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution and national laws. Notably, Bhimrao Ramji Ambedkar became
12402-567: The task of framing the Constitution could not have come to so successful a conclusion. Much greater share of the credit must go to Mr. S. N. Mukherjee , the Chief Draftsman of the Constitution. His ability to put the most intricate proposals in the simplest and clearest legal form can rarely be equalled, nor his capacity for hard work. He has been an acquisition to the Assembly. Without his help this Assembly would have taken many more years to finalise
12519-463: The threat to national security posed as a consequence of World War II (although the state remained formally neutral throughout that conflict), and an emergency declared in 1976 to deal with the threat to the security of the state posed by the Provisional IRA . Article 45 outlines broad principles of social and economic policy. Its provisions are, however, intended solely "for the general guidance of
12636-563: The three years after the first President took office ( Douglas Hyde did so on 25 June 1938 ). This was to facilitate the Oireachtas fixing any defects or oversights that quickly became obvious. The President could still demand a referendum in some cases, but the First (1939) and Second (1941) amendments were enacted under Article 51 without referendum. The transitory provisions are mostly still in force but spent . They themselves mandate that they be omitted from all officially published texts of
12753-476: The treaty initially by force of arms, was so opposed to the institutions of the new Irish Free State that it initially took an abstentionist line toward them, boycotting them altogether. However, the largest element of this faction became convinced that abstentionism could not be maintained forever. This element, led by Éamon de Valera , formed the Fianna Fáil party in 1926, which entered into government following
12870-511: The weaker sections are being implemented both by the Central and State governments. These include programmes such as boys' and girls' hostels for scheduled castes ' or scheduled tribes ' students. The year 1990–1991 was declared as the "Year of Social Justice" in the memory of B.R. Ambedkar . The government provides free textbooks to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering courses. During 2002–2003,
12987-534: Was president of the United Nations Security Council , was appointed as the assembly's constitutional adviser in 1946. Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948. The draft of B.N. Rau consisted of 243 articles and 13 schedules which came to 395 articles and 8 schedules after discussions, debates and amendments. At 14 August 1947 meeting of
13104-516: Was a dominion of United Kingdom for these three years, as each princely state was convinced by Sardar Patel and V. P. Menon to sign the articles of integration with India, and the British Government continued to be responsible for the external security of the country. Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became effective on 26 January 1950. India ceased to be
13221-416: Was a "noble document in harmony with papal teachings". When the new constitution was enacted, the British government, according to The New York Times , "contented itself with a legalistic protest". Its protest took the form of a communiqué on 30 December 1937, in which the British stated: His Majesty's Government in the United Kingdom has considered the position created by the new Constitution ... of
13338-509: Was a threat to the life of the mother (including from risk of suicide), though the 2012 death of Savita Halappanavar suggested that the practical position was a total prohibition. Constitution of India#Drafting The Constitution of India is the supreme legal document of India . The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights , directive principles , and
13455-468: Was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable. B. R. Ambedkar in his concluding speech in constituent assembly on 25 November 1949 stated that: The credit that
13572-507: Was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee. The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there
13689-471: Was the first Speaker of the Lok Sabha (the lower house of Parliament) after India turned into a republic. B. R. Ambedkar , Sanjay Phakey, Jawaharlal Nehru , C. Rajagopalachari , Rajendra Prasad , Vallabhbhai Patel , Kanaiyalal Maneklal Munshi , Ganesh Vasudev Mavalankar , Sandipkumar Patel, Abul Kalam Azad , Shyama Prasad Mukherjee , Nalini Ranjan Ghosh , and Balwantrai Mehta were key figures in
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