THE CONSTITUTION DAY OF "INDIA"

THE Constitution Day (of INDIA), National Law Day, OR, Samvidhan Divas, is celebrated on 26November every year to commemorate the adoption of the Constitution of India.

Ministry of Social Justice and Empowerment on 19th November 2015 notified the decision of Government of India to celebrate the 26th November every year as 'Constitution Day' to promote Constitutional values among citizens.

The Constituent Assembly -

Constituent Assembly was formed in 1946. Constituent assembly is the body composed for the purpose of drafting the constitution.

Jurist BN RAO was appointed the Constitutional advisor of the assembly.

• 389-member assembly (reduced to 299 after the partition of India)

• First meeting took place on 09 December 1946, Dr. Sachhidananda Sinha its interim president and Dr. Rajendra Prasad was elected as its President on 11Dec1946.

• National Flag Adoption July 22nd 1947.

• National Anthem 'Jana gana mana' officially adopted on 24 January 1950 by the Constituent Assembly.

• Originally it had 22 parts with 395 articles, 8 schedules (12 at present).

And, was about 145,000 words long, making it the longest national Constitution to ever be adopted.

The Constituent Assembly set up 13 committees for framing the constitution including a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar. On the basis of the reports of these committees, a draft of the Constitution was prepared by a seven-member Drafting Committee.

Originally the Constitution of India was handwritten by Prem Behari Narain Raizada in a flowing italic style with beautiful calligraphy. And was published in Dehradun and photolithographed by the Survey of India.

On 26November1949 the Constituent Assembly of India adapted The Constitution of India, and it came into effect on 26January1950 (THE REPUBLIC DAY).

The Constituent Assembly took almost three years (02years, 11months and 18days) in completing the historic task of drafting the Constitution, for Independent India. During this period, it held eleven sessions covering a total of 166 days.

PREAMBLE - HEART OF THE CONSTITUTION.

Late Pt. JL Nehru is known as the author of the PREAMBLE of the Indian Constitution. He proposed the ''objective resolution" and was passed by the constituent assembly .

PREAMBLE is the preface of the Constitution. Preamble sets out the guiding purpose, principles, salient features and philosophy of the Indian Constitution. It emphasises sovereignty, socialism, secularism, democracy, republican character of Indian State, justice, liberty, equality, fraternity, human dignity and the unity and integrity of the Nation defines objectives of Indian republic.

Amendment in The PREAMBLE-

In 42nd Amendment1976, changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation".

'"In Keshavnanda Bharti vs State of Kerala'' CASE ..

''(Amended only once)".

THE CONSTITUTION OF INDIA

Our Indian Constitution, is one of the longest Constitution in the world, in written form. Codified and flexible (as it can be amended).

Constitution defines and determines relation between-

• People and government. Central, State and Local government. Executive, Legislature and the Judiciary. Political, social and Economic issue, Various institutions and areas of government. India is a democratic country which is For the People ,By the People ,Of the People. India is Sovereign, Socialist, Secular Democratic Republic with a parliamentary system of government.

Need of the Constitution-

After independence it was important to bring the peoples of nation under one roof. It's an important law of the land. Thus, it determines relationship between Citizens and government. Lays down principles and guidelines which are required for people belonging to different ethnic and religious groups to live in harmony and peace.

SEPARATION OF POWERS

CHECK AND BALANCE

The powers are distributed equally between all the organs of the government, and each department of government have their own jurisdiction to work within and check each other and also balance each other to form a Moderate government.

The theory is based on an implicit recognition of EQUALITY OF POWERS of all the three departments (Organs)of government --

• LEGISLATURE - to make laws.

• EXECUTIVE - to execute/enforce the law.

• JUDICIARY - punish those who violate the laws. (THE COURTS)

These three organs work mutually and collectively, also, the JUDICIARY is kept free from the CONTROL AND INFLUENCE of other two organs i.e., from LEGISLATURE and EXECUTIVE to keep JUSTICE NON - BIASED and IMPARTIAL.

No one is above the Law and The Constitution Of India.

Hence, any form of government, which accepts the logic of Separation of Powers is a free government.

EMERGENCY PROVISION

Given in 'Part XVIII' of the Indian Constitution, from 'Article 352 to 360'.

(IMPOSED BY THE PRESIDENT in any or all the Indian states, in case of any emergency)

But Rights under Article 20 and 21 cannot be suspended by any order under Article 359.

PROVISIONS FOR CITIZENS

• Directive Principles of State Policy

Mentioned under (Part IV) of the constitution covering Article 36 to 51.

Aims that the state should strive to achieve, and a unique blend of socialistic, liberal, democratic and Gandhian principles.

• Fundamental Duties-

11 Fundamental duties were added by 42nd and 86th Constitutional Amendment acts, contained IN PART(IVA) Article 51A.

• The Fundamental Rights (PART III) Article 14 to Article 32.

"To enforce fundamental rights, The Supreme Court is empowered under Article 32 to issue WRITS of various forms".

Forms of Writs -

• Habeas Corpus - a person can report about an unlawful detention or imprisonment. And within 24 hours of arrest should be presented before the Magistrate.

• Mandamus - a judicial writ issued as 'a command' to an inferior court or ordering a person to perform a public or statutory duty.

• Prohibition - higher court to stop proceedings in a lower court on the ground of over- stepping of jurisdiction or isolation of rules of natural justice.

• Certiorari - a writ or order by which a higher court reviews a case tried in a lower court.

• Quo warranto -a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised.

AMENDMENTS

Constitutions need to be amended over time to adjust provisions that are inadequate, to respond to new needs, including supplementing rights, etc. Otherwise, the text of Constitution cannot reflect social realities and political needs over time.

Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation.

1st amendment was enacted on 1951.

Latest Amendment - 104th amendment

Amend Article 334 - enforced on 25thJanuary2020.

CONCLUSION -

INDIA - (with 28 states and 08 Union Territories) is a secular federal republic since 1950, governed in a democratic parliamentary system. It is a pluralistic, multilingual and multi-ethnic society. Culturally, spiritually, architecturally and multi- cuisine rich.

Whether it's a high official of the country or the common man, the law is equal for all and all are equal for the law.

Being a Citizen of India it's our responsibility to respect our nation and our Constitution. We should protect its sanctity .