The framework definition of fundamental principal, fundamental rights, power and duties of Govt. institution etc. was given in details in the constitution of India. The all democratic countries of the world have its own constitution except New Zealand and Britain.
The Constitutional process in India was going to develop before 400 years ago at the time of arriving of English in 16th Century, The English came India in 1600 AD as a Industrialist and established the East India Company and obtained a Charter with Elizabethan, the queen of Britain. The East India Company have power to trade in India according the charter. Initially, this charter was provided to East India Company for 15 Years. As per charter Act of 1609 and 1661, the lease of the company was extended for long long time.
The constitution of India was not the totally new constitution. The Architecture of Indian Constitution was taken a lot of constitutional rule from the various country of the world. For example:-
U.S.A-- India adopted the preface of the constitution, fundamental rights, independence of judiciary and review of judiciary from USA.
Britain:- India adopted the parliamentary system, Rule of Law, Dual house parliamentary system etc from the constitution of Britain.
Ireland:- India adopted the election of the president, Directive principles of State policy from the constitution of Ireland.
Canada:- India adopted the appointment of the Governor from the constitution of Governor.
\Germany:-India adopted the Emergency rule from the constitution of Germany.
South Africa:-India adopted the Amendment in Constitution from the constitution of South Africa.
Russia:-India adopted the Fundamental duties from the Russia.
Features of the Indian Constitution:-
The Constitution of India is the Bulkiest Constitution of the World. The was 395 Articles,8 schedules in the Constitution of India at time of publishing. At Present,there are 444 Articles and 12 schedules in the Indian Constitution .
Combination of Rigidity and Flexibility:-
The Constitution of India is the mixture of the hardness and flexibility. There are many provision in the constitution of India that Parliament may change itself .
Parliamentary System of Government:-
The Constitution of India provide the parliamentary system in India. The President of India is pseudo President while the total power of the system belongs to the Prime Minister of India. There are many reason to adopt the parliamentary system in India by the Constitutional architect. First, Indian had already introduced by this system and this system was fitted in the Indian culture.
Fundamental Rights:-
The constitution of India provides the fundamental rights of the people of India. The State of India has no such power for which the fundamental rights of Indian people is to be restricted. If the any State of India takes the such step then Judiciary System of India may be declared as unconstitutional. We should also know that the fundamental rights for the people of India is not free for all types, it may be restricted in various types as per situation.
Fundamental Duties:-
The Constitution of India added the Fundamental Duties by its 42th constitutional amendment in 1976. There are 10 Fundamental duties at the time of 42th Constitutional amendment in 1976,. but through 86th constitutional amendment, it became 10 to 11.
Directive Principal of State Policy:-
The Constitution of India described some Directive Principal of State policy for some State and Govt. of India abide by this directive principal at the time of implementation of Policy. The motto of the directive principal of State policy is the establishment the healer state and provide the social and economical power to democracy. The directive principal of State policy have no guardianship by the judiciary system while the fundamental duties of india have the guardianship by the judiciary system. In the other word, we can say that if the State Govt does not obey the directive principal then no one can go to any judiciary court against it.
Secular State:-
The Constitution of India declares India as a Secular State that means India has no Govt. religion. The people of India follow the any religion and full power to promote their religion as per Constitution of India.
Universal Adult Franchise:-
The Constitution of India provides the power of voting of such adult people of any religion whose age is either 18 or above.
Emergency Power:-
The Constitution of India provides the comprehensive power to the President of India to tackle the any type of Emergency in India. There are three types of Emergency, which are described in the constitution of India.
1. The Emergency due to the attack of the external and the internal revolution.
2. Constitutional Emergency
3. Economical Emergency
Single Citizenship:-
The Constitution of India provides single Citizenship to every Indian that means the people of the all over India have same power of citizenship.
Drafting Committee of the Constitution Assembly:-
The Drafting Committee was formed for the purpose of the preparation of draft for the architect of
the Constitution of India. Dr Bhimrao Ambedkar was the president of the drafting Committee and Some other members were:-
1. K.M.Munshi
2. N. GopalaSwami Ayyangar
3. Muhammad Saadullah
4.Krishnaswami Iyer
5. B.L. Mitar ( He resign due to illness) then N. Madhavrao was selected instead of him.
6. D.P. Khetan (He died in 1948) then T.Krishnamacharya was selected instead of him.
A Characteristic session of the constitution Assembly was called for the purpose the hand over of govern to Indian at the mid night of 14-15 August 1947 AD. The Constitution Assembly was taken the all power of India till the first parliamentary Election in 1952 AD.
Citizenship:-
The Constitution of India provides the single citizenship. The Indian Citizenship is provided all the people of India who belong the any parts of India (Article 5). The State of India have no individually freedom such America. There are following three category of People have Indian Citizenship.
1. People who lives in India.
2. Refugee who came India from Pakistan.
3. The Indian people who migrated.
Commonwealth Citizenship:-
Every Commonwealth people have the commonwealth citizenship in India as per Indian Citizenship Act 1955.
Voting Right to NRIs:-
The Constitution of India provides the voting power to NRIs as per amendment in "Jan Pratinidhitva Adhiniyam" in February 2006 for which NRIs may be interested in their native Country.
Suspension of Fundamental Rights:-
When the President of India declares the Emergency as per Article 352 then all the freedom of Indian People are automatically suspended which are given to them through Article 19 i.e all fundamental rights are automatic suspended at the time of Emergency.
Right of Possession:-
The Right of Possession is one of the seven fundamental rights which was provided by the original Constitution of India to the people of India. Any People of India has own Property and also the full power to buy and sell the own property according to the fundamental right. The state has no any power to take possession of the property of Indian People without Compensation. The Govt. of India removed the Right of Possession with the fundamental rights through the 44th amendment in 1978 and it was decided that the Right of Possession will be under of Constitutional Possession and this right was established in the Article 300 A of the Constitution of India.
Right to Education:-
This Right was provided as per 86th Constitutional Amendment in 2002. According to this Right, the Govt. of India will provide the free education of those child whose age between 06 and 14 years. This Right was also included as the Fundamental Rights and established in Article 51(क ).
Right to Information (RTI) :-
The Right to Information is provided to Indian by Indian Parliament as per Information Act 2005. Some Agencies like IB, RAW, BSF, CISF, NSG etc are not under the Right to Information.
Amendment of Citizenship Act:-
The Amendment of Citizenship was held in 1986 for which the procedure to take the Indian Citizenship for the refugee of the Bangladesh, Sri Lanka and other Country was more difficult. According to this amendment, The Indian Citizenship are acceptable of those people whose birth in India on 26 January 1950 or after this but before 26 November 1986 and after the implementation of this act and their either Mother or Father have the Indian Citizenship.
Some Other Committee and their President of Constitutional Assembly:-
1. Directing Committee: The president of this Committee was Dr. Rajendra Prasad.
2. Union Constitution Committee:-The President of this Committee was Jawaharlal Nehru.
3. Union Power Committee:- The president of this Committee was Jawaharlal Nehru.
4. State Constitution Committee:- The president of this Committee was Sardar Vallabhbhai Patel.
For the Important Study Material of the Important Article of the Constitution, Click Here.
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