CONSTITUTION OF INDIA

INDIAN CONSTITUTION

The Constitution of India is the world’s lengthiest written constitution with 395 articles and 12 schedules. It contains the good points taken from the constitutions of many countries in the world. It was adopted on 26th Nov, 1949 by the ‘The Constituent Assembly’ and enforced on 26th Jan, 1950. The Constituent Assembly has been elected for undivided India and held its first sitting on 9th Dec.1946. In regard to its composition the members were elected by indirect election by the members of The Provisional Legislative Assemblies (lower house only). At the time of signing of the constitution 284 out of 299 members of the Assembly were present.

The constitutional Head of the Executive of the Union is the President. Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

Rajya Sabha (the Upper House):

Rajya Sabha is a permanent body and is not subject to dissolution. However, one third of the members retires every second year and is replaced by newly elected members. Each member is elected for a term of six (6) years. The Rajya Sabha is to consist of not more than 250 members - 238 members representing the States and Union Territories and 12 members nominated by the President from among those who have distinguished themselves in the field of art, literature, science, sports, social and public service. At present, the strength of the House is 245 members - 233 elected and twelve (12) nominated by the President of India.

Lok Sabha (the Lower House):

The Lok Sabha is composed of representatives of people chosen by direct election on the basis of Universal Adult Suffrage. The real executive powers of the union Govt. are vested in the Prime Minister and his council of ministers particularly the Cabinet which is responsible to the popularly elected house of parliament i.e. Lok Sabha. Maximum strength of the House is 552 members - 530 members to represent the States, 20 members to represent the Union Territories, and 2 members to be nominated by the President from the Anglo-Indian Community. At present, the strength of the Lok Sabha is 545, out of which 543 elected and two (2) nominated by the President of India.

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The constitution of India draws extensively from Western legal traditions in its outline of the principles of liberal democracy. It follows a British parliamentary pattern with a lower and upper house. It embodies some Fundamental Rights which are similar to the Bill of Rights declared by the United States constitution. It also borrows the concept of a Supreme Court from the US.

India is a federal system in which residual powers of legislation remain with the central government, similar to that in Canada. The constitution provides detailed lists dividing up powers between central and state governments as in Australia, and it elaborates a set of Directive Principles of State Policy as does the Irish constitution.

The constitution has provision for Schedules to be added to the constitution by amendment. The ten schedules in force cover the designations of the states and union territories; the emoluments for high-level officials; forms of oaths; allocation of the number of seats in the Rajya Sabha. A review of the constitution needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it.

The Indian constitution is one of the most frequently amended constitutions in the world. Infact the first amendment to it was passed after only a year of the adoption of the constitution and instituted numerous minor changes. Many more amendments followed a rate of almost two amendments per year since 1950. Most of the constitution can be amended after a quorum of more than half of the members of each house in Parliament passes an amendment with a two-thirds majority vote. Articles pertaining to the distribution of legislative authority between the central and state governments must also be approved by 50 percent of the state legislatures.