The Indian Constitution came into being on 26th January 1950. It was framed by the Constituent Assembly and draws inspiration from European countries in enunciation of its statutes of democracy. The core of the Indian Constitution reflects the democratic ethos of eliminating inequalities in social relations for the betterment of the society.
It is enacted through laws, regulations and enactments carried
out by jointly by the federal system of Indian Parliament,
the Judiciary, and the State legislatures,
which are the three organs of the Indian Constitution
that work in tandem to give face and stability to the Indian
Legal System.
Influences
The Indian Constitution is in part modeled on the Government of India Act 1935 (an Act passed by the British Parliament) and the Constitutions of other nations such as the Irish Constitution. As it incorporates the best features of Constitutions of different nations, the Indian Constitution in turn has served as a model for many nations, which gained their independence subsequently. Laws of the U.S.A, the UK and France were also referred to while drafting our Constitution. Owing to the colonial influence of the United Kingdom, the Indian Constitution exhibits more similarities with the British Legal System.
Structure
The Constitution provides for a quasi-federal nation consisting of a Union of States and provides for separate executives and legislatives for the Union and for each of the States while demarcating the power of each. The Judiciary is however unitary in structure although administered separately by the Union and the States.
The powers of the Parliament
The Constitution of India lays down guidelines and issues laws in India which are its prime objectives. Civil and criminal law are both administered by the Constitution of India. Though statutes are passed by Parliament, State and Union Territory Legislatures, the statutes of the lower level can be repealed. While the Parliament is the highest authority in the Indian system and to carry out its laws, the Supreme Court has been given necessary powers.
The Constitution prescribes certain fundamental rights which neither the Union nor the State legislative, executive or judiciary can act in violation of. The right to property was a fundamental right, but has been eliminated since 1979 (onwards). However, the Constitution provides that no person shall be deprived of his property other than by authority of law.
Since India is a country with diverse religious beliefs, the Indian Civil Law acknowledges the general customs and laws followed by each and every community, including them in the broad framework of the Constitution so that each is bound by a stronger common law.
Amendments to the Constitution
The Indian Constitution has provisions under Article 368, that provides for amendments. The Constitution can be amended by a special majority of the union legislature. Till date, the Constitution has been subject to many amendments. The rules that govern amendments to the Constitution state that no amendment can violate its basic structure. However, amendments to the existing Acts are welcome. Many Acts have been repealed (Right to Property) and many have been introduced as and when such a need has been felt.
The Property Laws under the Constitution are governed by the Transfer of Property Act, Indian Succession Act, Hindu Law and a number of related Acts.
Facts Log
- The Constitution of India" was passed by the "Constituent Assembly of India" on Nov 26, 1949 after sitting for 2 years 11 months and 18 days on 9 December 1947.
- It finally came into effect from January 26, 1950.
- It is the longest written Constitution of any independent nation in the world comprising 444 articles (395 main articles and 49 sub-articles) and 12 schedules and numerous amendments.
- The features depicted in the Indian Constitution are a varied mix of British, United States, Irish, French, Canadian, Australian, Soviet, and Weimar Constitution.
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