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Basic and decribe of constitution
Typology: Summaries
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Basics of Indian Constitution Introduction: The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the 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 constitution of any sovereign country in the world , containing 448 articles in 25 parts , 12 schedules. Besides the English version, there is an official Hindi translation. The Constitution of a country sets out the fundamental canons of governance to be followed in that country and also delineates the division of power, privileges and responsibilities between different organs of government. The Indian Constitution, prepared after hectic deliberations by the Constituent Assembly, is possibly the lengthiest document of its kind in the world and has far more detailed provisions than any other comparable document. The tradition of having a written constitution started with the USA , which had adopted the first-ever written constitution in the world, after the end of the Civil War there in 1776. Much water has flown down the Ganges since. Still, England does not have a written constitution till date. The British judiciary and other parts of the polity work on the basis of conventions that have been evolved after centuries of collective experience. The Indian Constitution is the outcome of the debate, deliberations and research of a sovereign Constituent Assembly. Various Subject Committees like the Committee on Fundamental Rights and Union Constitution Committee had submitted their respective proposals and after a general discussion on all the proposals, a Drafting Committee chaired by Dr. B. R. Ambedkar was appointed. The Drafting Committee had the full authority to add, modify or delete any of the proposals submitted by the committees. The finalized draft of the Indian Constitution got the signature of the President of the Constituent Assembly, Dr. Rajender Prasad on Nov 26, 1949, which is referred to as the Date of Passing. Since the Constituent Assembly, which finalized the Constitution was duly elected by means of indirect election by the people of India, The Constitution of India derives its authority from the people of India. The Constitution was thus enacted by the Constituent Assembly on 26 November 1949 , and came into effect on 26 January 1950. The date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the country’s fundamental governing document. The Indian Constitution has borrowed heavily from other constitutions of the world and can be called a “beautiful patchwork”. India could not have afforded to experiment with something entirely new at a crucial juncture in its history. So the founding fathers of the Indian Constitution preferred to rely on the time-tested value of experience elsewhere and adopted those provisions which had proved to be successful and workable in other countries. Some of the prominent features which have been borrowed are as under. Feature Source / Inspiration
Tenth Schedule (Articles 102 and 191)—” Anti-defection ” provisions for Members of Parliament and Members of the State Legislatures. Eleventh Schedule (Article 243-G)— Panchayat Raj (rural local government) Twelfth Schedule (Article 243-W)— Municipalities (urban local government). The Federal System & Territory of The Union
other secular activity which may be associated with religious practice, or providing for social welfare and reform.
President discharges his duties. Any dispute regarding Presidential election shall be decided by the Supreme Court of India, whose decision will be exclusive and final in this regard. Powers, Privileges, Duties: The Constitution says that the all the executive powers of the Union are vested in the President, making him the Head of the Indian State. Executive functions are those, which are left after taking out legislative and judicial functions. But these powers are circumscribed by many provisions like
Lok Sabha, if he feels their representation is not sufficient. It is obligatory to obtain Presidential sanction beforehand in case of certain bills like –
represented. Members of the Lok Sabha are elected by an electoral college of all adult citizens (of not less 18 years and who is not disqualified for non-residence, unsoundness of mind, crime or corrupt or illegal practices-Universal Adult Franchise – Art. 326). The normal duration of a Lok Sabha is 5 years , unless dissolved earlier by the President. The duration can be increased by a maximum of 1 year at a time only during an Emergency.
a Bill is a Money Bill or not. The Rajya Sabha cannot initiate a Money Bill nor can it reject or amend it after passage by the Lok Sabha. The Rajya Sabha must return a Money Bill within 14 days of receipt, after which the Lok Sabha may accept any of its recommendations. In case the RS recommendations are accepted by the LS, the Bill will be deemed to have been passed by both the Houses. In case the LS does not accept the RS recommendations, the Bill will be deemed to have been passed by both the Houses. If the RS does not return the Bill within 14 days of its receipt, it will be deemed to have been passed. The net result is that the RS does not have much say in matters of Money or Finance Bills. For example, in case of Annual Budget, the Rajya Sabha can discuss it or propose amendments to it but it is not obligatory for the LS to accept them. The President is bound to give his assent to a Money Bill so passed in the first instance itself and cannot withhold his assent or send it back to Parliament. In the Lok Sabha, estimates of expenditures are submitted in the form of Demands-For-Grants on particular heads and are followed by a vote of the House on each of those heads. After voting, the grants so made by the LS and the expenditures charged on the Consolidated Fund of India (which are non-votable like the salaries of SC./HC Judges, President’s salary and other office expenses) are included in an Appropriation Bill, providing legal authority for drawing money from the Consolidated Fund of India. VIII. The State Executive: Our Constitution provides for a federal set-up and contains provisions for the administration of the Union and the State governments. The procedure laid down for the governance of the States is equally applicable to all, except Jammu and Kashmir.
The mode of removal of both SC and HC Judges is the same i.e. impeachment by Parliament and both hold office during “good behviour”. Both categories of Judges, in addition to a monthly salary, are entitled to the use of an official residence, free of cost. The Finance Commission: A Finance Commission will be appointed by the President every five Years ( Art. 280) to report on the distribution of financial resources between the Union and the States. It is the duty of the FC to report on –
institutions or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person a minor, his guardian has given his consent thereto.” Article 30 states , “The state shall not, in granting aid to educational institution maintained by the State or receiving aid out of State funds, on grounds only of religion, race, caste, language or any of them .”
6. Equality of Opportunity in Educational Institutions: Article 29(1) states “No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds, on grounds only of religion, race, caste, language or any of them.” The Fundamental Rights of the Indian Constitution has also adopted the fourfold ideal of justice, Liberty, Equality and Fraternity. Our Constitution laid down that in the eyes of law, everyone should have an equal status, to no one the justice be denied, everyone should have liberty of thought, expression. The fundamental right of equality clearly signifies that in the eyes of law no distinction can be made on the basis of any position, caste, class or creed. Side by side the right of equality of opportunities to all is also provided. The equality of opportunity is meaningless, unless there are equal opportunities for one’s education. The well-known Kothari Commission, 1964-66 recommended that Central Government should undertake the responsibility in education for the equalization of educational opportunities with special reference to the reduction of inter-state differences and the advancement of the weaker section of the community. 7. Instruction in Mother - Tongue: There is diversity of languages in our country. After the dawn of Independence, Mother- Tongues have received special emphasis as medium of instruction and subjects of study. In the Constitution of India, it has been laid down that the study of one’s own language is a fundamental right of the citizens. Article 26 (1) states , “Any section of the citizens, residing in the territory of India or any part thereof, having a distinct language, script or culture of its own, shall have the right to converse the same.” Article 350 A directs , “It shall he endeavour of every state and e very local authority to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.” Secondary Education Commission, 1952-53 recommended that the mother tongue or the regional language should generally be the medium of instruction throughout secondary school stage subject to the provision that for linguistic minorities, special facilities should be made available. Kothori Commission, 1964-66 has also said that at college and university stage, mother-tongue should be the medium. The medium of instruction at school level is already mother-tongue. This is not a new proposal. 8. Promotion of Hindi: The Indian Constitution makes provision for the development and promotion of Hindi as national language. Article 351 enjoins the Union, the duty to promote the spread of the Hindi language. Hindi accepted as the Official Language of India as laid down by the Constitution in following words: “It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression of all the elements of the composite culture of India.” In practice, Hindi is already largely in use as a link language for the country. The educational system should contribute to the acceleration of this process in order to facilitate the movement of student and teacher and to strengthen national Unity. 9. Higher Education and Research: Parliament has the exclusive rights to enact legislation in respect of institutions and Union Agencies mentioned in entries 63, 64, 65, and 66 of List. The entries which give authority to the Government of India in education are mentioned below: Entry 63 of the Union List: The institutions known at the commencement of this Constitution as the Banaras Hindu University, the Aligarh Muslim and the Delhi University, and any other institution declared by Parliament by law to be an Institution of National importance. Entry 66 of the Union List: Co-ordination and determination of standards in institution for higher education or research and scientific and technical institutions. 10. Women’s Education: One of the unique features of Modem Indian Education is the tremendous advancement of Women’s Education. Education of the girls is considered to be more important than that of the boys.
The Constitution makes the following provisions under different articles: Article 15(1) provides that the State shall not discriminate any citizen on groups only of sex. Article 15 (3) reads:” Nothing in this article shall prevent the State from making any special provision for women and children.” The well-known National Policy on Education was concerned about the status and education of women in the country. It envisages that education would be used as a strategy for achieving a basic change in the status of women. It opined that the national system of education must play a positive role in this direction. The Policy states, “Education will be used as an agent of basic change in the status of women. In order to neutralize the accumulated distortions of the past, there will be a well-conceived edge in favour of women.”
11. Education in the Union Territories: Article 239 of the Constitution states, “Save as otherwise provided by Parliament by Law, every Union Territory shall be administrator by the president acting to such extent as he thinks fit through an administrator to be appointed by him with such designation as he may specify.” 12. Educational and cultural relations with foreign countries: Entry 13 of the Union List reads. Participation in international conferences, associations and other bodies and implementing decisions made there at.