67-787: The State List or List-II is a list of 61 items. Initially there were 66 items in the list in Schedule Seven to the Constitution of India . The legislative section is divided into three lists: the Union List , the State List and the Concurrent List . Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government , as with
134-503: 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
201-465: 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
268-426: A company was granted letters patent by King Henry IV , but the project failed. Fresh letters patent were issued in 1615, and two ships went to India, only one returning. La Compagnie française des Indes orientales ( French East India Company ) was formed under the auspices of Cardinal Richelieu (1642) and reconstructed under Jean-Baptiste Colbert (1664) when he sent an expedition to Madagascar . In 1667,
335-428: 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
402-476: A historian of French India post-1816 described them as "debris of an empire" and the "last remnants of an immense empire forever lost". However, France never held much more than the five settlements recovered in 1816. The historian of French India and archivist Alfred Martineau , who was also governor of French India, pointed out that the authority granted to Dupleix over the Carnatic in 1750 should not be construed as
469-572: A long and costly siege. Chandernagore (present-day Chandannagar) was established in 1692, with the permission of Nawab Shaista Khan, the Mughal governor of Bengal . In 1673, the French acquired the area of Pondicherry from the qiladar of Valikondapuram under the Sultan of Bijapur , and thus the foundation of Pondichéry was laid. By 1720, the French had lost their factories at Surat, Masulipatam and Bantam to
536-661: 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
603-477: 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
670-481: 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
737-655: A transfer of sovereignty, as wrote most historians, given that Dupleix only became so to speak the lieutenant of the Indian subah , who could withdraw his power delegation at his convenience. Philippe Haudrère, historian of the French East India Company, also wrote that Dupleix controlled those territories through a complex system of treaties and alliances, a system almost feudal in nature, territories guarded by garrisons with French commanders, but neither annexed nor transformed into protectorates. French establishments in
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#1732852068867804-561: Is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C. French India French India , formally the Établissements français dans l'Inde (English: French Settlements in India ), was a French colony comprising five geographically separated enclaves on the Indian subcontinent that had initially been factories of the French East India Company . They were de facto incorporated into
871-489: 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
938-704: 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,
1005-583: 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
1072-474: 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
1139-785: 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
1206-611: 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
1273-584: The Canadian federal government . If any provision of a law made by the Legislature of State is repugnant to any provision of a lawmade by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as
1340-712: 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
1407-418: The Indian peninsula as of 1839 were: Under the French East India Company's regime, the name 'lodge' was given to factories or insulated establishments consisting of a home and adjacent ground where France had the right to fly its flag and establish trading posts. In the days of the French East India Company, the title of the top official was most of the time Governor of Pondicherry and General Commander of
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#17328520688671474-722: The Republic of India in 1950 and 1954. The enclaves were Pondichéry , Karikal , Yanam on the Coromandel Coast , Mahé on the Malabar Coast and Chandernagor in Bengal . The French also possessed several loges ('lodges', tiny subsidiary trading stations) inside other towns, but after 1816, the British denied all French claims to these, which were not reoccupied. By 1950, the total area measured 510 km (200 sq mi), of which 293 km (113 sq mi) belonged to
1541-611: The British East India Company . On 4 February 1673, Bellanger de l'Espinay, a French officer, took up residence in the Danish Lodge in Pondichéry, thereby commencing the French administration of Pondichéry. In 1674, François Martin , the first Governor, initiated ambitious projects to transform Pondichéry from a small fishing village into a flourishing port-town. However, the French found themselves in continual conflict with
1608-416: 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
1675-423: 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
1742-736: The Dutch and the English. In 1693, the Dutch captured Pondichéry and augmented the fortifications. The French regained the town in 1699 through the Treaty of Ryswick , signed on 20 September 1697. From their arrival until 1741, the objectives of the French, like those of the British, were purely commercial. During this period, the French East India Company peacefully acquired Yanam (about 840 kilometres or 520 miles north-east of Pondichéry on Andhra Coast) in 1723, Mahe on Malabar Coast in 1725 and Karaikal (about 150 kilometres or 93 miles south of Pondichéry) in 1739. In
1809-516: The French India Company sent out another expedition, under the command of François Caron (who was accompanied by a Persian named Marcara), which reached Surat in 1668 and established the first French factory in India. In 1669, Marcara succeeded in establishing another French factory at Masulipatam . In 1672, the French captured Fort Saint Thomas, but they were driven out by the Dutch after
1876-500: The French depredations; it lay in ruins for four years. The French had lost their hold now in South India too. In 1765, Pondichéry was returned to France in accordance with a 1763 peace treaty with Britain . Governor Jean Law de Lauriston set to rebuild the town on its former layout and after five months 200 European and 2000 Tamil houses had been erected. In 1769, the French East India Company, unable to support itself financially,
1943-483: The French settlements in the East Indies ( French : Gouverneur de Pondichéry et commandant général des établissements français aux Indes orientales ). After 1816, it was Governor of French establishments in India ( French : Gouverneur des établissements français de l'Inde' ). French India became an Overseas territory ( French : territoire d'outre-mer ) of France in 1946. French India de facto transferred to
2010-490: The Napoleonic Wars were remnants of the "immense empire" acquired by Dupleix in the 18th century. "Our immense empire of India was reduced to five settlements" wrote French economist and colonial expansion promoter Pierre Paul Leroy-Beaulieu in 1886. An atlas published in the 1930s described those five settlements as "remnants of the great colonial empire that France had created in India in the 18th century". More recently,
2077-475: The area between Hyderabad and Cape Comorin . However, Robert Clive , a British officer, arrived in India in 1744, and dashed the hopes of Dupleix to create a French empire in India. After a defeat and failed peace talks, Dupleix was summarily dismissed and recalled to France in 1754. In spite of a treaty between the British and French agreeing not to interfere in regional Indian affairs, their colonial intrigues continued. The French expanded their influence at
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2144-657: 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
2211-427: 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
2278-486: 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
2345-456: 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
2412-492: The case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. There is an exception to this in cases "where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then,
2479-531: 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
2546-406: 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
2613-498: 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
2680-489: 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
2747-469: 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
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2814-441: 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
2881-762: The court of the Nawab of Bengal and increased their trading activity in Bengal. In 1756, the French encouraged the Nawab ( Siraj ud-Daulah ) to attack and take the British Fort William in Calcutta . This led to the Battle of Plassey in 1757, where the British decisively defeated the Nawab and his French allies, resulting in the extension of British power over the entire province of Bengal. Subsequently, France sent Lally-Tollendal to recover
2948-444: The early 18th century, the town of Pondichéry was laid out on a grid pattern and grew considerably. Able governors like Pierre Christophe Le Noir (1726–1735) and Pierre Benoît Dumas (1735–1741) expanded the Pondichéry area and made it a large and rich town. Soon after his arrival in 1741, the most famous governor of French India, Joseph François Dupleix , began to hold the ambition of a French territorial empire in India in spite of
3015-703: The four enclaves of Pondichéry, Yanam, Mahe– and Karikal were de facto transferred to the Indian Union and became the Union Territory of Puducherry . The de jure union of French India with India did not take place until 1962 when the French Parliament in Paris ratified the treaty with India. From the mid-19th century onward there developed in France the belief that the five tiny settlements recovered from Britain after
3082-444: 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
3149-412: The large-scale investment required to develop a viable trading enterprise with the distant East Indies. The first French commercial venture to India is believed to have taken place in the first half of the 16th century, in the reign of King Francis I , when two ships were fitted out by some merchants of Rouen to trade in eastern seas; they sailed from Le Havre and were never heard of again. In 1604,
3216-487: The law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State. Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State." The 59 items currently on
3283-451: 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
3350-412: The list are: By Constitution of India 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 the duties of citizens. It is the longest written national constitution in
3417-516: The lost French possessions and drive the British out of India. Lally arrived in Pondichéry in 1758, had some initial success and razed Fort St. David in Cuddalore District to the ground in 1758, but strategic mistakes by Lally led to the loss of the Hyderabad region, the Battle of Wandiwash and the siege of Pondicherry in 1760. In 1761, the British razed Pondichéry to the ground in revenge for
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#17328520688673484-671: 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
3551-406: The north of the rapidly growing British metropolis of Calcutta. Successive governors tried, with mixed results, to improve infrastructure, industry, law and education over the next 138 years. By a decree of 25 January 1871, French India was to have an elective general council ( conseil général ) and elective local councils ( conseil local ). The results of this measure were not very satisfactory, and
3618-492: The pronounced uninterested attitude of his distant superiors and of the French government, which didn't want to provoke the British. Dupleix's ambition clashed with British interests in India and a period of military skirmishes and political intrigues began and continued even in rare periods when France and Great Britain were officially at peace. Under the command of the Marquis de Bussy-Castelnau , Dupleix's army successfully controlled
3685-542: The qualifications for and the classes of the franchise were modified. The governor resided at Pondichéry and was assisted by a council. There were two Tribunaux d'instance (Tribunals of first instance) (at Pondichéry and Karikal) one Cour d'appel ( Court of Appeal ) (at Pondichéry) and five Juges de paix ( Justices of the Peace ). Agricultural production consisted of rice, peanuts, tobacco, betel nuts and vegetables. The Independence of India on 15 August 1947 gave impetus to
3752-476: 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
3819-528: The shores of India, the French still did not have a viable trading company or a single permanent establishment in the East. Seeking to explain France's late entrance in the East India trade, historians cite geopolitical circumstances such as the inland position of the French capital, France's numerous internal customs barriers, and parochial perspectives of merchants on France's Atlantic coast, who had little appetite for
3886-567: 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
3953-521: The territory of Pondichéry . In 1936, the population of the colony totalled 298,851 inhabitants, of which 63% (187,870) lived in the territory of Pondichéry. France was the last of the major European maritime powers of the 17th century to enter the East India trade. Six decades after the foundation of the English and Dutch East India companies (in 1600 and 1602 respectively), and at a time when both companies were multiplying factories (trading posts) on
4020-502: The union of France's Indian possessions with former British India . The lodges in Machilipatnam, Kozhikode and Surat were ceded to India on 6 October 1947. An agreement between France and India in 1948 agreed to an election in France's remaining Indian possessions to choose their political future. Governance of Chandernagore was ceded to India on 2 May 1950; it was then merged with West Bengal state on 2 October 1954. On 1 November 1954,
4087-419: 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
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#17328520688674154-534: 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
4221-516: 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
4288-468: 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
4355-670: Was abolished by the French Crown, which assumed administration of the French possessions in India. During the next 50 years, Pondichéry changed hands between France and Britain with the regularity of their wars and peace treaties. In 1816, after the conclusion of the Napoleonic Wars , the five establishments of Pondichéry, Chandernagore , Karaikal, Mahe and Yanam and the lodges at Machilipatnam , Kozhikode and Surat were returned to France. Pondichéry had lost much of its former glory, and Chandernagore dwindled into an insignificant outpost to
4422-459: 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
4489-471: 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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