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Indian Constitution

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Indian Constitution: The Formulation of Constituent Assembly:- 1. The Cabinet Mission which had three Cabinet Ministers of British Parl...

Indian Constitution:

The Formulation of Constituent Assembly:-
1. The Cabinet Mission which had three Cabinet Ministers of British Parliament as its members (Panthik Lawrance. Sir Staford Crips and Sir Alexander) came in India in 1946 to elect a Constituent Assembly of India to frame a new Constitution and a working government. The first meeting of the Assembly was held on 9 December 1946 presided by Shri. SachehidaNarid Sinha as its acting Chairman hut Muslim I eayue boycotted it. Later on Dr. Rajendra Prasad was elected its chairman.
2. The Chairman of the Drafting Committee was Dr. B.R. Ambedkar.
3. The Constitution took 2 years, 11 months and 18 days for its preparation. The Constituent Assembly passed it on 26 November 1949, but it came into being on 26 January 1950 and thus India became a Republic on the same day. There is a reason to bring it into being on 26 January 1950 because in its Lahore Session in December 1929 the Congress had decided to fight for Poorna Swaraj or Complete Indepedence of India and 26 January 1930 was celebrated as the day of Complete Indepedence. Since then every year 26 January was celebrated as the Indepdence Day. That is why our leaders chose 26 January 1950 as the day to enforce the Constitution of India to maintain the historical glory of this day. On that day India became a Republic. Since then this day is celeberated as the Republic Day.
4. When India got Indepedence on 15 August 1947 Lord Mountbeton became the first Governor General of India. He was also the last Victory of India under England. After him Shri. C. Rajagopalachari became the first as well as last Indian Governor General of free India. This designation was equal to that of our President at present.
5. On 26 January 1950, the day India became Republic and our own Constitution Came into force Dr. . Rajendra Prasad became our First President. But the first formal election of the President was held in 1952. He was the only President of India till now who was elected for two Consecutive terms.
6. The advisors of the Consituent Assembly were Sh. B.N. Rao & Sh. Khaitan.
7. The initial words of the Preamble of Constitution are “We, The People of India”. The ultimate source of Indian Constitution and Law is the people. Our’s is the lengthiest written (90 thousand words) Constitution of the world.

The Lists of the Constitution:- The subjects of our Constitution are divided into.three categories: (1) Union List (2) State List (3) Concurrent List:-
1. Union List:- This list has 97 subjects arid related to Union Government. Under this category come subjects like of Finance, Railways, Post and Telegraph, Foreign Affairs, Armed Forces, etc. All these subjects are of national importance.
2. State List:- This list contains 66 subjects which are of regional an local importance. In this category come subjects come like Public Health and Sanitation,. Police, Prisons, Agriculture etc.
3. Concurrent List:- This list includes 47 subjects. Both Parliament and State Legislatives can make laws on subjects given in this list. In case of any conflict the laws made by Union Government are considered super. Subjects like marriage, Education Forest and Environment included in this list. Through 42nd Constitutional amendment in 1976 education has been withdrawn from state list and included in concurrent list.
All the residential powers (emergency powers) are enjoyed by the Centre. The President exercises all these powers on the advice of the Prime Minister and the Council of Ministers.

Our Six Fundamental Rights:- Citizenship is a privilege granted to every citizen in India. Our constitution has guaranteed six Fundamental Rights:-
1. Right to Equality:- Under this right all titles like RaiBahadur, Khan Bahadur etc. have been abolished. After Independence the Government started conferring distinctions of Bharat Ratna, Padma Bhushan etc. They are conferred by the President of India.
2. Right to Freedom:- This right includes to express the thoughts freely, to hold public meetings, to reside anywhere in India, to form any association or union, and to take up any job or trade anywhere in India.
3. Right Against Exploitation:- No child under the age of 14 years can be employed to work in any factory or mine.
4. Right to Freedom of Religion:- Every citizen in India has the right to worship, practise and propagate his religion.
5. Cultural and Educational Rights:- Each group of people can establish educational institutions of its own.
6. Right to Constitutional Remedies:- In case of exploitation of any fund a mental right by the government any citizen can approach the Supreme Court of India and Challenge the action of the Government.
Note:- But during emergency the President can suspend all the above rights except right to protection of life and personal property. When the rights are suspended during emergency, a citizen can not move the court for the enforcement of his rights. Under 44th amendment of Constitution 1978 the fundamental right to property asset has been abolished and now treated as a legal right.

Directive Principles of State Policy:-
1. If a person’s Fundamental Right is violated. He can go to the court for its protection. But Directive Principles do not get such protection from the law courts.
2. Directive Principles of State Policy include right to an adequate means-of livelihood, free and compulsory education for all children upto the age of 14 years and prohibit intoxicating drinks and drugs.
3. Implementation of Directive Principles depends upon the will and the resources of Governments.
4. Directive Principles are the basic thoughts of Gandhiji.
5. Our Government can make a law to implement any of the Directive Principles. Such a law cannot be declared invalid even if it restricts any of the Fundamental Rights.

Fundamental Duties:- Through the 42nd Constitution Amendment, 1976 the Fundamental Duties have been included into Constitution to make the citizens true patriots. These have been adopted from Russian Constitution.

Schedules of Indian Constitution :-
There are 12 Schedules in our constitution. Originally we had only 8 schedules.
Schedules :-
1. First Schedule, contains the details of 28 states and 7 Union territories of the Indian Republic.
2. In the 2nd Schedule the salaries of the President, vice President, speaker of Lok Sabha etc.
3. It is related to oaths & affirmations.’
4. It is related to allocation of seats of the states & Uts in the Rajya Sabha.
5. It deals with the administrative & control of the scheduled areas & scheduled tribes.
6. It contains the provisions regarding administration of the scheduled tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram
7. It contains three lists indicating the division of legal powers between the states & the centre.
Union list contains 99 subjects
State list contains 61 subjects
Concurent list contains 52 subjects
8. It contains mention of 22 Indian languages
9. It is related to Land Reforms.
10. It is related to Anti-Defection Bill
11. It is related to provisions regarding Panchayati Raj. It contains 29 provisions

12. It has descriptions regarding Municipal Corporations.

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