Some rules that are made by the legislatures are called “Law”. We need Laws in Society so our society can regulate and work properly. They are designed to protect us and our property and to ensure that everyone in society behaves the way that the community expects them too.

Laws tell us what to expect as a consequence of our actions. Laws have been the glue that has kept society together. Without laws there would be complete anarchy.

The Constitution is the supreme law of the land.

All other laws have to conform to the Constitution.

WHAT IS CONSTITUTION..?

A constitution is concerned with 2 main aspects:-

The relation between the different levels of government and Between the government and the citizens.

Role of Constitution in relationship between Government and its people:-

GOVERNMENT

EXECUTIVE

JUDICIARY

LEGISLATIVE

CONSTITUTION

THE PEOPLE

Makes Laws

Interprets Laws

Enforces Laws

Constitution provides a set of basic rules that allow for minimal coordination amongst members of a society.

The second function of a constitution is to specify who has the power to make decisions in a society. It decides how the government will be constituted.

It sets some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may ever trespass them.

It enables the government to fulfill the separations of a society and create conditions for a just society.

The document containing laws and rules which determine and describe the form of the government, the relationship between the citizens and the government, is called a Constitution.

The Second World War made the British weak. Britain was in immediate danger of Nazi occupation. As the war was taking a menacing turn from the British point of view, Indian congress offered to cooperate in the war if transfer of authority in India is done to an interim government. The government's response was a statement of the viceroy known as the

August offer. After the war a representative Indian body would be set up

to frame a constitution for India.

Viceroy's Executive Council would be expanded by including Indian members without delay.

The Indians were assured that the British government would not transfer power "to any system of government whose authority is not agreeable to Indians."

The History of Constitution of India.

The British sent a group of officials known as the cabinet mission. The cabinet mission formed the constituent assembly in Dec 1946.

After the partition and independence the constituent assembly took up the work for framing the constitution.

There were 308 members who were elected by the Provincial Legislative Assembly.

THE CONSTITUENT ASSEMBLY

The Constituent Assembly met for the first time in New Delhi on 9 December, 1946 in the Constitution Hall which is now known as the Central Hall of Parliament House. Dr. Sachchidananda Sinha was the first president (temporary) of the Constituent Assembly

On 29 August, 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India . And Dr. Rajendra Prasad was elected the President of the Constituent Assembly

Drafting committee was formed with 8 members, under the chairmanship of Dr. B.R. Ambedkar. The committee studied the constitutions of various countries and took the good features from every constitution and included them in the Indian Constitution. The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution. It was finally passed and accepted on Nov 26, 1949.

After the draft was ready is was published in all the newspapers. This was done to enable the people to read the draft and give their views on it. It was discussed at great length. The session were attended by hundreds of people and the press. After many deliberations and some modifications the 308 members of the Assembly signed two copies (Final) of the document (one each in Hindi and English) on

24 January 1950 . On that day when the Constitution was being signed, it was drizzling outside and it was interpreted as a sign of a good omen.

Same day the Assembly unanimously elected Dr, Rajendra Prasad as the President of India.;which came into effect on Jan 26, 1950

Republic Day honors the date on which the Constitution of India came into force on 26 January 1950. This date was chosen as it was the anniversary of Purna Swaraj Day, which was held on January 26, 1930.

Republic Day celebration actually lasts for three days. The ‘Beating Retreat’ is held at the end of the third day (on 29th January) marking the end of Republic Day celebration.This retreat is performed by the bands of three wings of Indian defence services on the Raisana hills and the Vijay chawk towards the end of the Rajpath.

The best part about the constitution is that it allows ‘amendments’ or changes. Naturally, not all the laws suitable for 1950 are suitable now. So the parliament is allowed to take a joint decision on which article of the constitution has to be amended.

Indian Constitution Amendments have been done for the purpose of variation, addition or cancellation of any provision made in the constitution.

The Centre exercises control over the States. The States have to respect the laws made by the central government

Three subject lists, the Union list, the State list, and the Concurrent list, define the legislative powers of each level of government.

The Constitution of India provides for a single citizenship for the whole of India; i.e., Indian citizenship or citizenship of the country as a whole.

QUASI – FEDERAL

The Indian Constitution shows Federal as well as Unitary System. 1. Federal System- powers are divided and/or shared between state and central governments

2. Union System- power concentration in central government with weak state Government

The Indian government is divided into three distinct but interrelated branches: Legislative, Executive and Judiciary – have to function within their own spheres demarcated under the Constitution. In other words, the doctrine of Separation of Powers has been implicitly recognized by the Indian Constitution.

Government of India

Executive Judiciary LegislativeThe Parliament of India =the President of India + the two HousesLok Sabha (House of the People) and Rajya Sabha (Council of States).

The Supreme Court of India consists of a Chief Justice and 30 associate justices

The PrPime Minister of India, Cabinet, executive departments and agencies.

Structure of Constitution of India

Constitution of India

Preamble 1 Parts 25

Articles

448

Amendments

98 Appendices 5Schedules 12

Fundamental Rights

Directive Principles

Fundamental Duties

Preamble INTRODUCTION to the Constitution  Articles Lay out the STRUCTURE of our GOVERNMENT

Amendments CHANGES to the Constitution

STRUCTURE OF CONSTITUTION World's lengthiest written constitution had 395 articles in 22 parts and 8 schedules at the time of commencement.Now Constitution of India have 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments. The Constitution has three main parts which include the Preamble, Articles, and Amendments.

Parts (25) – The individual Articles of the Constitution are grouped together

Article (1-448) - It is subcategory of different Parts in the constitution which contains detail information of the subject

Amendments (98) - Amendment of the Constitution of India is the process of making changes to the nation's fundamental law.

Schedules (12) - Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.

Appendices (2) - They are extension to the constitution.

The preamble is like an introduction to the constitution. According to the original preamble India is a Sovereign,

Democratic Republic. By 42nd amendment of the constitution India is made also a Socialist and Secular state.

 The first words of the Preamble – "We, the people" - signifies that power is ultimately vested in the hands of the People of India. So far the Preamble has been amended only once in 1976 by 42nd amendment which inserted the words Socialism, Secularism and Integrity.

PREAMBLE

1. Sovereign- It means free to follow internal and external Policies.

2. Secular- It means no particular Religion is preferred.

3. Socialist- It means no concentration of Power and Money.

4. Democratic- It means rule by elected representative of the People of India.

5. Republic- It means no room for hereditary ruler or monarch.

Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country.Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this, no organ of the government can act in a manner that violates them. Any infringement of fundamental rights can be challenged by any citizen of India in the court of law.

DIRECTIVE PRINCIPLES

(1) The states should provide help in cases of old age, unemployment and disability.

(2) State should strive to reduce in equality between individuals, groups and professions

(3) State should promote and foster rural cottage industries.

(4) The state should provide compulsory free primary education to children below 14 years if age.

Some of the important Directives given in the Indian Constitution

Constitutional Guarantees that are meant specifically for children include: Right to free and compulsory elementary education for all children in the 6-14 year age group     (Article 21 A)     Right to be protected from any hazardous employment till the age of 14 years (Article 24)

Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e)) 

Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Article 39 (f)) 

Right to early childhood care and education to all children until they complete the age of six years (Article 45)

The Constitution of India was handwritten and calligraphed both in English and Hindi.  It wasn’t typed or printed. The original copies are kept safely inside helium-filled cases in the library of the Parliament of India. 

Picture shows the pages from the Constitution of India, at the PARLIAMENT MUSEUM, Parliament Library Building, New Delhi.

Swami Kesavananda Bharti ran a Hindu Mutt in Edneer village in Kerala but the state wanted to appropriate the land. Bharati filed a petition claiming that a religious institution had the right to run its business without government interference. The State invoked Article 31 which states "no person shall be deprived of his property save by authority of law." A bench of 13 judges deliberated on the facts of the case and through a narrow 7-6 majority, formulated the Basic Structure Doctrine, which puts some restrictions to how much the Parliament can amend the Constitutional laws.

HISTORIC CASE RELATED TO CONSTITUTION