48-666: The Fifth Schedule of the Constitution of India gives special powers to the Governor to provide autonomy to the Scheduled Tribes , thereby limiting the effect of Acts of the Central and State Legislatures on the Scheduled Areas . This Indian politics –related article is a stub . You can help Misplaced Pages by expanding it . Constitution of India The Constitution of India
96-503: 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
144-465: 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
192-428: 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
240-661: 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
288-491: A permanent constitution, with Dr. B R Ambedkar as chairman. A draft constitution prepared by the committee was submitted to the Constituent Assembly on 4 November 1948. After the draft was discussed and debated, the constituent assembly adopted the constitution on 26 November 1949. The major part of the constitution came into effect on 26 January 1950 with Rajendra Prasad becoming the first President of India and
336-477: 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
384-481: 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
432-485: Is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C. Republic Day (India) Republic Day is a national holiday in India commemorating the adoption of the Constitution of India , and the country's transition to a republic which came into effect on 26 January 1950. The constitution replaced the Government of India Act 1935 as the governing document of India, thus turning
480-489: 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
528-640: Is escorted by the President's Bodyguard and post a ceremonial salute, the Indian National Anthem, Jana Gana Mana is played. Military bands then play popular tunes like Abide With Me and Saare Jahan Se Achcha at the end. On the eve of Republic Day, the President of India distributes various civilian Padma Awards . These were instituted in the year 1954 and are awarded in three categories in decreasing order of precedence. The decoration comprises
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#1732844230084576-641: 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,
624-583: 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
672-523: 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
720-423: Is often chosen on the basis of strategic, economic and political interests. French President Emmanuel Macron was the chief guest at the celebrations that marked India's 75th Republic Day. The Beating Retreat ceremony, conducted on the evening of 29 January marks the end of Republic day festivities. It is performed by the bands of the three wings of the Indian armed forces at Vijay Chowk . The President of India
768-785: 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
816-611: 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
864-426: 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 the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy , since it
912-624: 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
960-649: The Governors and Lieutenant Governors unfurling the flag at the respective states and union territories . The main Republic Day celebrations are held in New Delhi, at the Kartavya Path , a ceremonial boulevard that runs from Rashtrapati Bhavan on Raisina Hill through India Gate . The event is hosted by the President of India with ceremonious parades and cultural events. The Delhi Republic Day parade held during
1008-612: The history , government , and traditions of India. India achieved independence from the British Raj on 15 August 1947 following the success of the Indian independence movement which was led by Congress under the leadership of Mahatma Gandhi . This was enacted through the Indian Independence Act 1947 , an act of the Parliament of the United Kingdom that partitioned British India into
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#17328442300841056-416: 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
1104-423: 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
1152-657: 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
1200-427: 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
1248-486: 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
1296-456: 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
1344-494: The constituent assembly became the Parliament of India under the transitional provisions of the new constitution. The date was chosen as the Indian National Congress proclaimed Purna Swaraj (complete independence) on this day in 1930. On the eve of the Republic Day, the President addresses the nation. On the Republic Day, the President of India unfurls the national flag in the national capital New Delhi with
1392-531: 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
1440-406: 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
1488-498: 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
Fifth Schedule to the Constitution of India - Misplaced Pages Continue
1536-489: 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
1584-519: 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
1632-441: 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
1680-444: 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
1728-507: 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
1776-549: The nation from a dominion into a republic , following its independence from the British Raj in 1947. The constitution was adopted by the Constituent Assembly of India on 26 November 1949 and came into effect on 26 January 1950. The date was chosen because the Indian National Congress had proclaimed Purna Swaraj ( complete independence ) on that date in 1930. Republic Day is commonly associated with parades , political speeches , cultural events and ceremonies, in addition to various other public and private events celebrating
1824-671: 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
1872-476: 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
1920-628: The same is organized by the Ministry of Defence . The President who is the Commander-in-Chief of the Indian Armed Forces , takes the salute from various units of the army , navy , air force , para-military and police forces. Every year, a head of state or government of another country is invited as the state guest of honor for the Republic day celebrations in New Delhi. The guest country
1968-567: 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
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2016-538: The two new independent dominions of the British Commonwealth . India became a constitutional monarchy with George VI as head of state and the Earl Mountbatten as governor-general . Without a standalone constitution, its laws were based on the Government of India Act 1935 and governed by the Constituent Assembly of India . On 29 August 1947, a seven-member drafting committee was appointed to draft
2064-534: 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
2112-516: 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
2160-468: 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
2208-412: 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 the Government of India Act 1935 as the country's fundamental governing document, and
2256-507: 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
2304-471: 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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