Know your constitution: Introduction

Know Your Constitution: An Overview 


Knowledge is the unrivalled tool of liberation. Being a citizen of a free & democratic country, we must know our basic constitutional norms or legal structure that rules us, defines us, and more importantly describes us as a free citizen.

It is a well known saying that “if there is no education there can be no democracy”. And education is not about becoming of an academically qualified person, but it is about being aware of our system, laws, and our democratic fabric.

We believe that every citizen must understand constitutional provisions, it’s basic structure and it’s parts. With an objective to increase awareness of people about constitution, our blog has started a series of Articles :-

     “Know your Constitution”. 



In this series we will try to describe every aspect of our constitution in simple way, so that a layman can understand it. Our prime objective is to create awareness and more importantly make people acquainted with the laws of land.

The best charity which one can do in India today is to carry knowledge to the people. 
                          ......Nani Palkhiwala




 Know your constitution: Part-1

The Making Of World’s Largest Constitution 


On 15th August, 1947 India became a free and independent nation. Being a free nation is different than running a free nation, Now we had bigger challenges, we wanted to make a nation of our dreams and a framework was required accordingly. At the time of independence just before it could be done, the nation had to go through a painful partition. With very limited resources, minimum literacy, social barricades, large diversity in language, views and culture, our nation was full of new dreams and aspirations of millions of fellow Indians. We needed a constitution which could shape our nation in one integrated & prosperous developed country. And then towards a large responsibility of drafting of the constitution for India, a drafting committee was formed under the chairmanship of Dr. Bhimrao Ambedkar. The drafting committee took around 2 years, 11 months and 17 days to complete the draft of constitution of India. The final draft, when it was put before assembly for discussion, around 2000 amendments were made in it before adopting it. The final draft was adopted on 26th November 1949, a day which we celebrate as our “constitution day”. And it came into force on 26th  January 1950, the day we celebrate as our “Republic Day”.

History Of Making Of Constitution



Before the advent of our constitution, India was governed by “the government of India Act,1935.” Thereafter before 1947, due to great demand for independence, British crown set up a Constituent  Assembly for drafting of constitution for free India. 


The Assembly’s first meeting was held on December 9 In the year 1946. Although it could not move forward in process of constitution making, because of vast ideological differences between the two major political parties of that time, the Indian National Congress and the Muslim League. The deadlock which ensued, ended with the painful partition of our country into two independent nations, India and Pakistan. 

The constituent Assembly of india then resumed its work, and a drafting committee was set up. And finally we got our constitution.



Amazing Characteristics of our constitution: Pride of  Every Indian Citizen 

Our original draft of constitution is not only the longest one, but also the longest hand written constitution of the world. The amazing fact about its drafting is that it was hand written by “Shri Prem Bihari Narain Raizada” in italic style with beautiful calligraphy.


Our constitution was crafted with great pride and honour. It’s every page was beautifully decorated with unique art work by artists from Shri Rabindranath Tagore‘s Shantiniketan  Ashram.


Our constitution was written in both Hindi and English language, It’s original handwritten copies are kept intact under special protection in the library of Parliament of India.


On 24th January 1950, constituent Assembly‘s 284 members signed it in the constituency hall of our parliament, which is now known as “Central Hall of Parliament“. However to make the declaration of ”Purna Swaraj”(complete Freedom), a memorable one, which was made on 26th January 1930, constitution was  enforced on 26th January across the nation.




Some Borrowings 

Our constitution is unique legal draft with distinguished features. Although many parts of our constitution are a borrowed concept from other nations. It is not because we could not have created new ideas, but it was about making a perfect nation. We were in an infant stage of freedom. Thus we choose some tested and tried concepts of other nations, who were enjoying their independent status since a long period. 





Dr. Ambedkar said about these borrowings, that our constitution is a result of research of all known constitutions across the world. He said “I make no apologies. There is nothing to be ashamed of in the borrowings. It involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a constitution......”


Thus many parts of our constitution are inspired from other nation’s constitution's. The major part of our constitution is also taken from Government of India Act,1935. We choose Britain’s bicameral parliamentary form of government, because we were accustomed to it. Also our fundamental rights and Directive principles of State are majorly inspired by Universal Declaration Of Human Rights,1948.
Below mentioned is the list of source nations and respective parts borrowed from them.

  • Britain- Parliamentary form of Government 
  •  Ireland- Directive Principles of State Policy
  •  Canada- Centrifugal form of federalism, in which Centre is stronger than state governments
  •  Australia-Concept of concurrent list, A list of common subjects for centre and state
  •  USSR-Fundamental Duties
  •  France- Our Basic Ideal of Preamble: Liberty, Equality and Fraternity
  •  Germany- Emergency Provisions
  •  South Africa- Amendment Procedure
  •  Japan-  Concept of “Procedure Established by Law“



Salient Features Of The Indian Constitution 


Indian constitution originally consisted of 395 Articles, 22 parts and eighth schedules. Currently after seven decades with number of amendments now we have 448 articles in 25 parts and 12 schedules. Till now we have made 104 amendments in our constitution.




Constitution is an apex legal document of any nation. It establishes top organs of government, describes their function, composition, powers and structures. It establishes inter relationships of all major organs as legislature, executive and judiciary. It determines nation’s fundamental political ideology. It determines nation’s commitment and orientation towards its citizens.

Our constitution defines not only central government but state government as well. Their relationship, distribution of  power and functions among them. 

It gives Judiciary its immense power to do justice and makes Supreme Court the Guardian of our constitution. 

It is a living document that changes itself as per the requirements of nation through amendments. It stood rigid to save the nation through anarchy of any political party through its inherent powers.

It stood the test of time as even after seven decades it has maintained its sanctity by flourishing the “World’s largest democracy.”

Unlike other constitutions of the world, it not just describes the fundamental principals of governance, but also Provides provision regarding citizenship, official language, governmental services, electoral machinery- election commission, UPSC etc.

Constitution has given us fundamental rights In part -3, covering every aspect of our social structure such as rights of minorities, backward classes, schedule casts and schedule tribes. It gives us  from the right to freedom of expression to all necessary religious freedom, to maintain and secure our cultural diversity.

It also reminds us about our responsibilities and obligation towards  our nation in terms of fundamental duties in part 4A

It describes the ideal social orientation for government to follow in its policies for creating a just and socialistic nation for every citizen in terms of Directive principle of State.




We The People Of India



Our Constitution starts with five magic words “We the people of India” shows clear ideology of keeping all citizens on same footing. We all collectively make this nation. We all have equal rights and duties.

We as Indians are proud of our history and culture, we proudly describe the unity in diversity of our culture before the world. Although our routine fight for daily needs and changing circumstances has overshadowed our true feeling of nationalism.
However somewhere inside every Indian that patriotism can still be found.

 We have to keep it alive! 


We have to keep alive that pride of being an Indian inside us. Because we are the Nation, We the people of India.......


Arise, Awake, and stop not until the goal is reached. 
                                                                   .........Swami Vivekanand.



Comments

Ritesh Vyas said…
Oh great, Thanks a lot for this article.
Amazing and very informative article.
Unknown said…
Amazing article, detailed and informative, helpful to understand intrinsic features of the Constitution.
Unknown said…
Knowledgeable
Unknown said…
Very helpful article. We have a huge constitution, this really helped.
C.M.Srivastava said…
No doubt it is very important to understand our constitution but literacy in India is not adequate and even literate persons are least interested to understand the Constitution. Only the students of Political Science, Public Administration and Law read the Construction of India as a subject. I feel that in present situation the applicability of Constitution is not possible due to lack of interest of people in their Constitution.
Deepika said…
Very informative. Looking forward for some blog on some laws for safeguarding d rights of women in society

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