Thursday, July 30, 2020

What are the True Sources of The Constitution of India ?


There are 448 Articles in our Indian constitution But when you see the last Article of our constitution,  it is Article no. 395, How is this possible?

Before answering this question, Its important to understand the present structure of our Indian Constitution

26 November 1949 was the date when our constitution was fully made and ready. That time there were total 395 Articles, 22 Parts and 8 Schedules.
But Since 1949, Total 104 new amendments are introduced in our Constitution till present
So after all this changes, now our Constitution consists of 448 ARTICLES, 25 PARTS and 12 SCHEDULES
To maintain the original numbering of the Articles present in our constitution, Whenever any new Amendment or any laws are introduced, They are introduced in Alphabetic manner
For example we look 86th Amendment, this act has given us a new fundamental right-Right to Education, and this act was introduced in our constitution as article 21A. so that's why, after having so many amendments the last article of our constitution is Article 395.

Now what are the Parts and Schedules in our constitution, lets understand this also-

The Articles present in our constitution are made up of  topic wise specifically/. If you see from Article 12 to Article 35, it tells all about our fundamental rights. This specific topic wise arrangement is known as Parts
Like PART 3 describes about Fundamental Rights, PART 4 describes about  Directive Principles of State Policy. Like this only each Part states about specific Articles

Next is SCHEDULES,  These are the provisions which are given in the Articles, All the Additional Details and the Lists are introduced as Schedules.

Like SCHEDULE 1  Tells about the names of all States and Union Territories
SCHEDULE 2 describes about the Salary and SCHEDULE 8 tells that which languages are the official languages.

The question must come in your mind that like we included the Articles in to the Constitution, why we hadn't introduced Schedule in the Constitution?
Its Because already our Constitution was so lengthy, if we would add more Schedule then it could have become more complicated. 

That's why for the simplicity, Constitution has been divided in Articles, Parts and Schedules.

In our Indian Constitution till now 125 amendments are proposed and from that 104 amendments act are passed.

The very latest amendment act is 104rd Amendment Act which was passed in January 2019 Which talks about Reservation of Seats for SC & ST for another 10 years.
It was needed because the reservation policy which was adopted before was going to expire this year. so There was a need to Extend it for another 10 years till year 2030

Now lets go to  1946-47


When the Constituent Assembly of India began to make our constitution for the first time. At that time we mainly relied on following 11 sources for making our constitution
Along with this we will see that which important features we have inserted from these sources:

1. The Government of India Act of 1935,

The Constitution of Independent India came to force in 26 January 1950. But before this In British India The law of The Land was The Government of India Act 1935, That's why, when we were making our Constitution the act of 1935 was the best preference and source.
We have took three important features from this act that are Emergency Provisions, Public Service Commission and System of Judiciary
Means the Structure of Supreme Court, High Court and Subordinate Court was also taken from here only
Along with this Federal Scheme of government and Office of Governer is taken from here only

2. The US Constitution

From here the most important thing we took was the Fundamental Rights and judicial review
In government of India Act there were no provisions regarding Fundamental rights and fundamental duties So from 1950 only Indians have got their fundamental rights
 Judicial Review which we adopted ensured that there should be no law that violates the Fundamental rights.
Apart from this the removal procedure of  President which is called as Impeachment and the removal procedure of the judges of Supreme Court and High Court is also taken from US constitution.
also Preamble of our Constitution and Independence of Judiciary is also taken from US constitution

3. British Constitution

from here we have taken very core and important features of Constitution like Writs, Right to Constitutional Remedies, the provision is given [Article 32 & 226]
Parliamentary Form of government, single citizenship, Parliamentary privileges and Rule of Law are also from British Constitution
Rule of Law states that, in any country government is not the Supreme only Law and constitution are supreme

4. Irish Constitution

From here the important thing we have taken is Directive Principles of State Policy found in Part VI Article 36-51,
It is like a guide line about how to run a state government and what policies and laws should be made for a state. Along with this we have taken Method of Election of the president (Article 55) And Members nomination to the Rajya Sabha by the President (Part V Article 80)

5. The Constitution of Germany (WEIMAR)

The important thing taken from here is Suspension of Fundamental Rights during Emergency Article 356

6. South African Constitution 

From here we have taken Amendment of the Constitution Part XX  Article 368 Election of members of the Rajya Sabha.

7. The Constitution of SOVIET UNION (USSR)

From here we have taken Fundamental duties Part IV A Article 51A, which is like a moral obligations on citizens and for patriotism. Along with this we have taken The ideals of justice (social, economic and political), expressed in the Preamble.

8. Constitution of CANADA ,

You will see there are two governments in India one is Central Government and other is State Government But Central Government has more powers, Its because Federalism which is taken from Canada
Next we have taken is Advisory jurisdiction of the supreme court (Article 143)

Centre appoints the Governors of the states (Art.155, 157), Residuary powers vest with the Centre (Article 248) and Entry 97 of the Union List

9. Constitution of Australia 

From where we have taken  Concurrent List which is in Seventh Schedule, Freedom of trade and commerce (Part XIII, Article 301- 307) and Joint sitting of the two Houses of Parliament (Article 108)

10. France Constitution

Ideas of liberty, equality, fraternity and republic is taken from french Constitution.
These all 4 important words you will get in our Preamble

10.  Japanese Constitution

 From here we have taken Procedure established by law. A key feature of the Constitution of India


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