write an overview about indian constitution - Social Science - The Indian Constitution

Question

write an overview about indian constitution

Shraddha Rajput · Accepted Answer

OVERVIEW :INDIAN CONSTITUTION :-Indian judicial system came past
a long path replete with experiences and tutoring before it
ensconced with a proper constitutional framework in the year 1950
As it is widely known, the architecture of the constitution is made
up of several adoptions from several judicial systems around the
world
From the British social structure, the factors of Parliamentary
form of government, the position of speaker of the parliament have
been adopted
Fundamental rights, judicial independence from the executive and
legislative wing, federal structure of governance are adopted from
the constitution of United States
One of the most special parts of the constitution of India the
Directive principles of state policy is adopted from the Irish
constitution
The idea of the concurrent list is adopted from the Australian
constitution
The concept that the residuary powers not specified in any of
the three lists - i e Union lists, State lists and Concurrent lists
– rest with the centre is adopted from the Canadian
constitution
The concepts of Five year plan and Fundamental duties are
adopted from the USSR
Thus the constitution was designed with intent of endowing to
the citizens of the nation a deeply contemplated version of a
cherry picked legislative system
History of the legal system
Naturally the evolution of the current legal system would find
its graduation of maturity to the colonial British rule In 1773,
considering the mismanaged state of affairs of the English East
India Company, the House of Commons mandated that the company shall
be brought under the purview of parliament in order that its demand
for loan be sanctioned In pursuance to the decision of bringing the
company under the purview of the parliament, the Regulating Act of
1773 was passed Under the act, Lord Warren Hastings was appointed
as the first Governor -General It authorised the British crown to
set up the Supreme Court at Calcutta Lord Warren Hastings also
instituted courts of appeals christened Sardar Diwani Adalat, in
respect of civil matters and Sardar Nizamat Adalat and Sardar
Faujidari Adalat in respect of criminal matters
In 1800, a supreme court was established at the presidency of
Madras In 1823, another supreme court at the Presidency of Bombay
was established In the year 1833, Privy council of India was set up
It remained as the apex body for appeals until 1950 In the year
1861, Indian High courts act was passed It replaced the supreme
courts and the other aforesaid appeals courts namely Sardar Nizamat
Adalat and Sardar Faujidari Adalat that existed till then at the
three provinces with high courts
In the year 1935, Government of India act was passed It replaced
the system of dyarchy at the provincial level Dyarchy is a system
where matters of governance are grouped into two buckets namely
reserved list and transferred list It was introduced by virtue of
Government of India act, 1919 Subjects covered under reserved list
were retained by the British government for the purpose of
administration whereas subjects covered under transferred list were
placed under the purview of the elected parties in general
elections The Government of India Act, 1935 did away with the
dyarchy system to give full control over subject matters of
governance to the elected parties at the provincial level It
provided for the institution of the Federal court of India Federal
court’s germination was warranted to resolve the conflicts
that arose between the central and state legislatures
Indian constitution
At the Lahore session of the Indian National Congress in 1929,
it was decided 26th January 1930 would be observed as the Poorna
swaraj day It is in remembrance of that date the Constitution of
India was brought into force on 26th January
The construction of constitution was done by the constituent
assembly set up in the year 1946 Dr Sachindananda sinha was the
first president of the assembly He was elected as acting president
to fill the void Later Dr Rajendra Prasad took over as president
and a drafting committee was set up to draft the constitution The
committee comprised the following members:
1 Dr Bheemrao Ramji Ambedkar (Chairman)
2 N Gopalaswami Ayyar
3 K M Munshi
4 Syyed Mohd Saadulla
5 N Madhav Rao
6 D P Khaitan (T Krishnamachari, after Khaitan’s Death in
1948)
The constitution consists of 448 articles, 21 parts and 12
schedules Though on the face, number of articles of the
constitution would end at 395, the new articles appended to the
original articles are done through alpha numeric numbering in order
that the original numbering stays intact leaving the effective
number of articles to 448

write an overview about indian constitution.