Constitution of India – An overview

                                   

Indian judicial system came past a long path replete with enriched experiences, before it got ensconced with a proper constitutional framework in the year 1950. As it is widely known, the architecture of the constitution is made up of several adoptions from several judicial systems around the world.

From the British social structure, the factors of Parliamentary form of government, the position of speaker of the parliament have been adopted.

 Fundamental rights, judicial independence from the executive and legislative wing, federal structure of governance are adopted from the constitution of United States.

 One of the most special parts of the constitution of India the Directive principles of state policy is adopted from the Irish constitution.

The idea of the concurrent list is adopted from the Australian constitution.

 The concept that the residuary powers not specified in any of the three lists - i.e. Union lists, State lists and Concurrent lists – rest with the central government is adopted from the Canadian constitution.

The concepts of Five year plan and Fundamental duties are adopted from the USSR.

 Thus the constitution was designed with intent of endowing to the citizens of the nation a  legislative system, which emerges as a result of a carefully done cherry picking exercise.

History of the legal system

In 1773, considering the mismanaged state of affairs of the English East India Company, the House of Commons of the United Kingdom mandated that the company shall be brought under the purview of parliament in order that its demand for loan be sanctioned. In pursuance to the decision of bringing the company under the purview of the parliament, the Regulating Act of 1773 was passed. Under the act, Lord Warren Hastings was appointed as the first Governor -General. It authorised the British crown to set up the Supreme Court at Calcutta. Lord Warren Hastings also instituted courts of appeals christened Sardar Diwani Adalat, in respect of civil matters and Sardar Nizamat Adalat and Sardar Faujidari Adalat in respect of criminal matters.

In 1800, another Supreme court was established in the Presidency of Madras. In 1823, yet another Supreme court in the Presidency of Bombay was established. In the year 1833, Privy council of India was set up. It remained as the apex body for appeals until 1950. In the year 1861, Indian High courts act was passed. It replaced the Supreme courts and the other aforesaid courts of appeal namely Sardar Nizamat Adalat and Sardar Faujidari Adalat that existed till then at the three provinces with the High courts.

In the year 1935, Government of India act was passed. It replaced the system of Dyarchy at the provincial level. Dyarchy is a system, where matters of governance are grouped into two assemblage namely reserved list and transferred list. It was introduced by virtue of Government of India act, 1919.  Subjects covered under reserved list were retained by the British government for the purpose of administration whereas subjects covered under transferred list were placed under the purview of the elected parties in general elections. The Government of India Act, 1935 did away with the Dyarchy system to give full control over the subject matters of governance to the elected parties at the Provincial level. It also provided for the institution of the Federal court of India. Federal court’s germination was warranted to resolve the conflicts that arose between the central and state legislatures.

Indian constitution

At the Lahore session of the Indian National Congress that was held in the year 1929, it was decided 26^th January 1930 would be observed as the Poorna swaraj day. It is in remembrance of that date the Constitution of India was brought into force on 26^th January.

The construction of the Constitution was done by the Constituent assembly that was set up in the year 1946. Dr. Sachindananda sinha was the first president of the Assembly. He was elected as the acting president to fill the void. Later Dr. Rajendra Prasad took over as the president and a drafting committee was set up to draft the Constitution. The Committee comprised the following members:

1.Dr. Bheemrao Ramji Ambedkar (Chairman)
2.N.Gopalswamy Aiyengar
3.K.M.Munshi
4.Syed Mohd. Saadula
5.N.Madhav Rao ( Madhav Rao took over following the resignation B.L.Mitter)
6.D.P.Khaitan (T.Krishnamaachari, after Khaitan's death in 1948) 
7.Pandit. Govind Ballabh Pant
8.Sir Alladi Krishnaswami Iyer

The Constitution  of India contains 448 articles, 21 parts and 12 schedules. Though, on the face, the number of articles of the constitution would end at 395, the new articles appended to the original articles were done through alpha numeric numbering in order that the original numbering stays intact leaving the effective number of articles to 448.

Anatomy of the constitution –A Gist

Article	Subject
1	Name and territory of the union
13	Laws which are against the fundamental rights are invalid.
Fundamental rights of a citizen of India are describe by virtue of the following articles
14 to 18	Right to Equality
19 to 22	Right to freedom.   Freedom of speech and expression is encapsulated in Article 19.
23 to 24	Right against exploitation,,
25 to 28	Right to freedom of religion
29 to 30	Cultural and Educational rights. Article 29 envisages the Protection of interest of minorities.       Article 32 provides the remedy for violation of fundamental rights of a person. In the case a citizen’s fundamental rights are violated he could take up the issue to the Supreme Court of India directly.
36 to 51	Directive principles of state policy
51A	Fundamental duties of the citizen of India
1. To abide by the Constitution and respect its ideals and institutions, the National Flag, National Anthem 2. To cherish and follow the noble ideals which inspired our national struggle for freedom 3. To uphold and protect the sovereignty, unity and integrity of India 4. To defend the country and render national service when called upon to do 5. To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women 6. To value and preserve the rich heritage of our composite culture 7. To protect and improve the natural environments including forests, lakes, rivers and wildlife 8. To develop the scientific temper, humanism and the spirit of inquiry and reform 9. To safeguard public property and not to use violence 10. To serve towards excellence in all spheres of individual and collective activity. 11. To provide opportunities for the education of his child/ward between the age of six and fourteen years.
80	Composition of Rajya sabha
81	Composition of Lok sabha
83	Duration of houses of parliament
112	Annual financial budget
123	Ordinance making powers of the president
124	Establishment of Supreme court
141	Decision of supreme court binding on all courts
148	Comptroller and Auditor General
149	Duties and Powers of CAG
153	Governors of state
213	Ordinance making powers of the Governor
214	High courts of state
243B	Constitution of Panchayats
266	Consolidated Fund of India
267	Contingency Fund of India
326	Elections to be conducted on the basis of Adult suffrage
352	National emergency
356	State emergency
370	Special provision for Jammu and Kashmir
371A	Special provision with respect to state of Nagaland

Constitutional system forms the fundamental groundwork for the whole legal build up of the nation. A synoptic knowledge of the system is imperative for a citizen to make informed decisions and to take rational stance on the issues that happen around him daily.