Monday 29 June 2015

The Construction of Constitution




                   Today we shall learn about our Indian Constitution- its framework, members of drafting committees, structures and schedule.

The Construction of Constitution

Constitutional Framework:

*     The Constitutional Assembly , which construct the Indian constitution, formed in 1945 ( on recommendations of Cabinet Mission).
*     Its first meeting was held in 9 December, 1946.
*     In this first meeting Dr. Sachhidanand Sinha was elected as a temporary President of the Constitutional Assembly by unanimous consent.
*    In the meeting of 11 December,1946 Dr. Rajendra Prasad was elected as a permanent President of Assembly.
*     The Drafting Committee of the Constituent Assembly established in 29 August, 1947 in the Presidentship of Dr. B R Ambedkar. The total numbers of this committee was 7 including.
*     It consists of almost 80,000 words and took 2 years 11 months and 18 days to build the Constitution.
*     On 26 November,1949 , after the signature of the President of the Constitutional Assembly, it was declared passed.
*     Since 1930, the day 26 January celebrated as the Liberty Day in all over the India. Therefore, the first Republic Day celebrated on 26 January,1950.
*     It was adopted on 26 January,1949 and embedded on 26 January,1950.
*     Dr. B R Ambedkar was known as the Father of the Indian Constitution.
*     At the time of commencement, the constitution had 395 articles in 22 parts and 8 schedules.
*     Currently there are 12 schedules.
Members of Drafting Committee;

*     Dr. B R Ambedkar (President)

Members
*     Alladi Krishnaswami Iyyr
*     Kanhaiyalal Maniklal Munshi
*     N Gopalswami Ayangar
*     Saiyad md. SadullaN Madhrav ( in place of B L Mishra)
*     D P Khaitan ( after his death T Krishnamachari)

Structure
The Constitution, in its current form (September 2012), consists of a preamble, 25 parts containing 448  articles, 12 schedules, 5 appendicesand 99 amendments, the latest of which came into force on 13 April 2015.

Parts/Article No.
Description
Part 1/ Article 1-4
Union and its Territory
Part 2/ Article 5-11
Citizenship
Part 3/ Article 12-35
Fundamental Rights
Part 4/ Article 36-51
Directive Principles of State Policy
Part 4A/ Article 51A
Fundamental Duties
Part 5/ Article 52-151
The Union
Part 6/ Article 152-237
The States
Part 7/ Article 238
States in the B part of the First schedule (repealed)
Part 8/ Article 239-242
The Union Territories
Part 9/ Article 243-243O
The Panchayats
Part 9/ Article 243p-243ZG
The Municipalities
Part 18/ Article 352-360
Emergency Provision
Part 19/ Article 361-367
Miscellaneous
Part 20/ Article 368
Amendment of the Constitution
Part 21/ Article 369-392
Temporary, Transitional and Special Provisions
Part 22/ Article 393-395
Short title, date of commencement, Authoritative text in Hindi and Repeals

Schedules

Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.

First Schedule (Articles 1 and 4) - This lists the states and territories of India, lists any changes to their borders and the laws used to make that change.
Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)-  This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India.
Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)- Forms of Oaths – This lists the oaths of offices for elected officials and judges.
Fourth Schedule (Articles 4(1) and 80(2)) - This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.
Fifth Schedule (Article 244(1)) -  This provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).
Sixth Schedule (Articles 244(2) and 275(1))-  Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Seventh Schedule (Article 246) -The union (central government), state, and concurrent lists of responsibilities.
Eighth Schedule (Articles 344(1) and 351)- The official languages.
Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations.
Tenth Schedule (Articles 102(2) and 191(2))- "Anti-defection" provisions for Members of Parliament and Members of the State Legislatures.
Eleventh Schedule (Article 243-D) - Panchayat Raj (rural local government).
Twelfth Schedule (Article 243-W) - Municipalities (urban local government).

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