Constitution - 01

*A constitution means a document having a special legal sanctity which sets out the framework and principal functions of the Government.
* It can also be termed as ‘Fundamental Law’ of a country which reflects people’s faith and aspirations.
* The philosophy embodied in a nation’s constitution determines the kind of Government present there.
* A constitution outlines the vision of the state and is its most important document
* A constitution ensures certain rights to its citizens as well as define their duties.

The Constituent Assembly

* The Constituent Assembly was set up in November 1946 as per the Cabinet Mission plan of 1946

Drafting Committee of Constituent Assembly

Chairman: Dr B .R. Ambedkar 

Members

1. N. G0pa.lswamiAyyangar

2. Alladi Krishnaswami Ayyar

3. K.M. Munshi

4. Mohammed Sadullah

5. B.L. Mittar (replaced by N. Madhav Rao)

6. D.P. Khaitan (who died in 1948 and was replaced by T.T.Krislmamachari)

Framing of the constitution


*The constitution of India was framed and adopted by the Constituent Assembly of India.
* As pertbe Cabinet Mission plan of 1946, the Constituent Assembly was set up in November 1946.
* The members were elected indirectly by the Provincial Assemblies in the ratio of one member per one million population.
* There were a total of 389 members in the constituent Assembly of which 296 were elected by the members of the provincial Assemblies and the rest were nominated by the Princely States.
* The first meeting of the Constitutent Assembly was held on 9th December 1946 with Sacbidanand Sinha as the interim President.
* Later Dr. Raj endra Pras ad was elected as the President of the Constitutent Assembly on 11 th December 1946.
* The historic "Objective resolution’ was moved in the Constituent Assembly by Pt.Jawahar Lal Nehru on 13th December 1946. Which ultimately became the Preamble of our Constitution.
* The Constituent Assembly formed 13 important committees for framing the Constitution.
* Adrafting committee of 7 members was set up on 29th August 1947 under the Chairmanship of Dr B.R. Ambedkar.
* The Constituent Assembly took 2 years 11 months and 18 days to frame the constitution.
* The design of the National Flag was adopted by the constituent assembly on July 22, 1947
* The National Anthem was adopted by the constituent Assembly on January 24, 1950
* Shrl B .N. Rao was appointed as the legal Advisor of the Constituent Assembly, 
* Nearly 75% of the Constitution can be said to be a reproduction of the Government of India Act, 1935, with suitable adaptations and modifications.
* Even though all the live essential Characteristics of a federal constitution are present in the Indian Constitution, in certain circumstances the constitution empowers the centre to interfere in the matters of states, which places the statesr in a subordinate position and violates the federal principles.
* No separate constitution for the member states except Jammu and Kashmir which has its own constitution and enjoys special status by virtue of Article 370, of the Indian Constitution.
* Indian follows the principle of uniform and single citizenship 
* Indian constitution is more flexible than rigid as major portions can be emended by the Parliament alone,
* Parliament has the power to form new states, to increase or diminish the area of any state or to alterthe boundaries or name of any state (Articie 3)
* Parliament is empowered to make laws withrespect to every matter enumerated in the State List if the Rajya Sabha passes a resolution by 2/3rd majority that it is necessary in the national interest (Article 219)
* The Parliament has the exclusive authority to make laws on the 99 Subjects ofthe Union List but the state do not have such exclusive rights over the state list.
* The Constitution provides for the creation of All India Services and the All India Services personnel are appointed and removed by the Centre.
* Article 248 vests the residuary powers in the Parliament.
* Under Article 252 if the legislatures of two or more states equest the Parliament to legislate on aparticular State Subjects, the Parliament can do so.
* Under Article 253 Parliament can make laws even on state list to comply with the international agreements to which India is a party.
* By a simple majority and by ordinary legislative process, Parliament may form a new state.


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