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THE CONSTITUTION OF INDIA 1950

CONSTITUTION OF INDIA

CONSTITUTION OF INDIA 1950

The Constitution of India 1950 are the heirs of past as well as testator of future – “jennings”

A Constitution is a document which outlines the frameworks and principal functions of the organs of government of a sttate

Constitution of India 1950is thre SUPREME LAW OF THE LAND .It is the lentghiest Constitution in the world originally having 395 articles ,22 parts and 8 schedules,

HISTORICAL BACKGROUND AND EVOLUTION

The Constitution is product of not only a political revolution but of research and deliberation of a body of representative [contituent assembly].adopted on 26 november,1949 [law day] And enforce on 26 january ,1950[republic day ],the journey of making of constitution could be traced back to 1600 when britishers came india as traders.

They passed major acts and regulations that hold great importance in organising from of functioning and administration of british government in india

they are

  • Regulating act of 1772http://BAR&BENCH
  • Governer of bengal Designated as governor general of bengal-warren hasting first governor general
  • Excutive council of governor general establish[4 members]
  • Supreme court established in 1774 at FORT WILLAM ,CALCUTTA
  • Pitt”s India act of 1784
  • The commercial and political function seprated
  • court of directors for commercial functions and board of control for political affairs
  • Governor”s general council reduced to three members
  • Charter act of 1833
  • Governor general of bengal designated as governor general of india lLORD WILLAM BENTICK first such governor general of india
  • now company became purely adminstrative body and commercial actvities came to an end
  • This act was final step towards centerlisation in india
  • Charter act of 1853 legislative and excetive council of governor general council separeted
  • introduction of system of open competition for civil servant recruitment
  • Governement of India act 1858 compinaes rule replaced by croun-rule,to be excirse by seceratary of state for india ,assisted by council of india [15 members] .
  • The governor general of india was made the viceroy of india ,LORD CANNING first such viceroy
  • Indian council ‘s act of 1861
  • Legislative council’s established in center and provinces
  • Introduction of indian representation in viceroy’s excutive and legislative council
  • recognisation to portfoliu system decentralistation of legislative powers initated
  • Indian council act of 1892
  • increased functions
  • introduction of nomination of non offical members .
  • Indian council act of 1909 [morely-minto reforms]
  • increased the size of legislative council
  • s p sinah first indian to join viceroy council
  • Government of india act 1919
  • dyarchy system introduced
  • Bycamerlism introduced along with direct election
  • Government of india act 1935
  • three listed introduced [federal ,provincial and concerrnt list ]
  • Abolished dyarchyn system and council of india
  • Indian independence act 1947
  • declared india as independent and soverign state

constuient assembly

  • Fromed on november 1946 ,first meeting on december 1946
  • Dr Rajendra prasad presedent and Dr b r ambedikar is the chairman of drafting committee
  • Total time taken 2 years 11 months 18 days
  • the final draft introduce on 4th november 1948
  • Constitution was adopeted on 26 november 1949 nut remaining provisions came into force on 26 january 1950http://legallyyours.in

PREAMBLE OF THE CONSTITUTION

PREAMBLE OF THE CONSTITUTION

The ‘PREAMBLE ‘ sets out the aims and aspiration of the constitution-makers it underlines the objectives intended to be acheived by this legislation and helps to understand the policy and legislative in

IMPORTANCE OF PREAMBLE

  • In re berubari”s case sc held that PREAMBLE is the key to open the mind of the makers and shows the general purpose which they made the several provisons of the CONSTITUTION
  • NA PALKHIWALA coniment jurist called PREAMBLE The identity case of the constitution
  • INDIAN CONSTITUTION is based on the objective resolution moved and denoted by jAWHARLAL NEHRU
  • It tells the source of the power ;WE THE PEOPLE OF INDIA
  • It declared India to be a SOVERIGN ,SOCIALIST, SECULAR ,DEMOCRATIC REPUBLIC
  • objectives enhairshed in preamble secure every citizen of india JUSTICE. EQUALITY, LIBERTY &FRATERNITY

WHETHER PREAMBLE IS PART IN CONSTITUTION

In re berubari case sc held that preamble is a part of constitution and it is extreme importance and constitution read and intrepted in the right of preamble

WHETHER IT COULD NE AMENDED OR NOT ?

In keshavanada bhasti v/s state of kerala sc held that the preamble can be amended as it is the part of the part of the constitution subject basic structure or features

Preamble has been ambeded only once by 42nd amendment act 1976 and there new words are called -SOCIALIST SECULAR &INTERGITY this ambendment can be valid The Preamble os oncludes in whole india except jammu and kashmir it is a for every organ in constituent body as early in making of constitution preamble is not enforce after the constotution came into force at that time preamble came into exsist of the nation the preamble is mader by keeping every aspect still 70 years was done that independence got for india but preamble would not change untill and unless http://legallyyours.in/home/